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HomeMy WebLinkAboutItem 4.01 Draft Minutes 05-22-1995 (2) e e REGULAR MEETING - May 22, 1995 A regular meeting of the City Council of the City of Dublin was held on Monday, May 22, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:03 p.m.. by Mayor Houston. ....... .A. I ~ . . ROLL CALL PRESENT: Council members Barnes, Burton, Moffatt and Mayor Houston. ABSENT: Council member Howard. "dd"'"'''''' +'d PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. .dd'''+.... City Council Aqendas 1610-1 ill Elliott Healy, 11362 Betlen Drive, gave copies to Mayor Houston of Council meeting newspaper advertisements for neighboring cities. This is a good way for people to inform themselves about what is going on. Mayor Houston stated there will be a possible problem televising City Council meetings when they are switched to Tuesdays. This will be addressed around budget time. em. Barnes stated on CTV 30, they capsulize our agendas and it runs over and over. Mr. Healy stated he doesn't necessarily watch this long enough to catch it as it revolves. He felt everyone reads the newspaper so this would be a good way to inform citizens. .""" "''''.d.uuu.+.,,'''''''_ CONSENT CALENDAR 7:05 p.m. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote (Cm. Howard absent), the Council took the following actions: Approved Minutes (4.1) of Regular Meeting of May 8, 1995; *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 286 ITEM NO. 4.1 COPIES TO: / e e Adopted (4.2 600-40) RESOLUTION NO. 49 - 95 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1995-96 Received the Finance Report (4.3 330-50) for the month of April, 1995; Adopted (4.4 600-30) RESOLUTION NO. 50 - 95 AWARDING CONTRACT 95-03 SIDEWALK SAFETY GRINDING TO CENTRAL COAST SURFACE GRINDING ($22,100) and authorized the Mayor to execute the agreement; Approved the Warrant Register (4.5 - 300-40) in the amount of $1 ,201 ,817.38. "'d__"~'__ ART IN THE PARKS PROGRAM 7:06 p.m. 5.1 900-50 Parks & Community Services Director Lowart advised that in 1993, the Dublin City Council gave conceptual approval to the Dublin Fine Arts Foundation's proposed "Art in the Parks" program, with a goal of the program being to enhance City parks through the placement of artworks appropriate to each park's history, location, size and use. DFA is now requesting City Council approval of the first two permanent artworks; one each to be placed in Alamo Creek Park and Kolb Park. The Neighborhood Selection eommittee for Stagecoach Park was not in favor of the artworks proposed for that park and has since interviewed several more artists who will be developing models for later review. Lynne Boer, DFA Consulting Director made a presentation and stated they had come up with 2 very nice pieces. The models were displayed. The pieces will add to the parks in a very natural and visible way. The Kolb Park piece will be made out of redwood. An unidentified audience member stated they were in support of the Alamo Creek Park art piece. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22,1995 PAGE 287 e e Cm. Burton stated he was glad to see they went to the community to get them to approve what was being placed in their parks. Mayor Houston stated we seem to have a little better luck than some of our neighbors. Funding for the art is coming from grants and fund-raisers. Seed money for the project came from the Alameda County Arts Commission and the Tri-Valley Community Fund. The Parks & Community Services Commission unanimously approved both works at their May 10, 1995 meeting. On motion of Cm. Burton, seconded by em. Moffatt, and by unanimous vote (Cm. Howard absent), the Council approved the recommended artworks for Alamo Creek Park and Kolb Park. .....~' PUBLIC HEARING - HANSEN RANCH GENERAL PLAN AMENDMENT, PLANNED DEVELOPMENT REZONING. AND TENTATIVE MAP AMENDMENT 7:17 p.m. 6.1 (420-30) Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report which explained that the Hansen Ranch subdivision, originally approved in 1989, involves 180 units on 1471 acres west of Silvergate Drive, north of Hansen Drive and south of Rolling Hills Drive. California Pacific Homes, Inc., has requested a General Plan Amendment Planned Development Rezoning and Tentative Map Amendment for revisions to Phase II of the approved Hansen Ranch subdivision. The amendments to the project would involve approximately 2.4 acres of land redesignated from Open Space to Residential Land Use, with 10 homesites relocated into an oak/bay woodland area. At the May 8, 1995 City Council meeting, the Council considered the original proposal for 16 lots in the previously designated open space area. The Council provided the direction that a relocation of 16 lots into this environmentally sensitive area was not appropriate. At the meeting, the applicant showed the Council a new proposal for 10 lots to be relocated into the open space area. Several issues were raised regarding the proposal, including the questions: 1. What are the significant impacts to the environment, especially upon the riparian corridor area including loss of oak woodland, riparian vegetation, wildlife movement? *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 288 e e 2. Can the road extension intended to serve the adjacent property to the north be located anywhere else, and will it extend to the project property line? 3. Are the amendments consistent with the City's General Plan policies? The Council continued the public hearing to this meeting in order to provide Staff an opportunity to evaluate the new 10 lot proposal. The City Council directed Staff to concentrate on the proposal's impacts to the riparian corridor. Ms. Huston stated Staff analyzed the proposed project in terms of its relation to the City of Dublin General Plan, as well as the significant environmental impacts which could result. Overall, it appears that the proposed project would result in at least 2.5 more acres of tree loss throughout Phase II than that approved under the 1989 plan. In the homesite relocation area, which is located at the riparian corridor, the development of 10 homesites in the open space area results in .33 acres more grading and loss of oak woodland in that area than under the approved plan. Additionally, the area covered by the 10 homesites would result in a net loss of approximately 1.5 acres of area which would previously have been replanted with riparian revegetation. The proposed project will include revegetation and enhancement of the swale through the riparian corridor area in order to mitigate riparian habitat loss. The 10 lots are sited to preserve a 200 foot wide corridor close to where the natural corridor occurred, and the proposed gaps in homesites near the riparian corridor appear adequate to allow wildlife passage. The loss of oak woodlands due to grading for lots 1 through 6 on Inspiration Drive exceeds that approved under the 1989 plan by 1.37 acres. Ms. Huston addressed the significant environmental impacts, the road extension and the General Plan policies as detailed in the Staff Report. In summary, Ms. Huston stated if the Council determines that the land uses as generally shown on the Staff Study GPA Map appear to be acceptable, it could approve the GPA and Rezoning to allow a range of housing units and 59 acres of open space. The actual lot configuration of the Tentative Map could be approved as proposed by the applicant, or could be reassessed and brought back before the Council at its next meeting for consideration. If the Council determines that the proposed 10 lot alternative does not provide the City with a supportable project after consideration of the tradeoffs analyzed, the Council could consider other options, including but not limited to: *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 289 - e 1. Approving an amendment to the approved plan which allows only the reconfiguration near the earthquake fault, but retains the design of the 1989 plan in all other areas of the site. 2. Recommend that a new design could be developed which would involve no new grading in oak woodland or riparian areas such as smaller lots in designated residential areas to retain the 180 lot count. 3. Consider an amendment which would allow some of the units in the open space area, but not in the configuration proposed, or not unless additional mitigation measures are agreed to by the applicant. 4. Deny the project as proposed. Ms. Huston stated for the reasons explained in the analysis, Stoff recommended that the City Council determine whether the tradeoff of maintaining a 200 foot wide corridor with enhanced riparian-type habitat outweighs the loss of additional oak woodlands. If the Council determines the proposed amendment should be approved, it may adopt the resolutions adopting eEQA Findings, revised statement of Overriding Considerations, and certifying the EIR, approving the GPA and Tentative Map Amendment, and waive the reading and introduce the Zoning Ordinance Amendment for the Hansen Ranch PD Rezoning. Ms. Huston displayed two overheads. Phase I amendments are not being approved tonight. The riparian corridor was shown on the map in green dots and the 10 lots were outlined in red. This was an alternative to the original proposal for 16 lots. Again, the three questions previously addressed were discussed. Ms. Huston stated letters from the Department of Fish & Game and resident Marjorie LaBar were received after the Staff Report was prepared. em. Moffatt asked if the revised plan would require a General Plan Amendment. Ms. Huston stated yes it would. The space is designated as open space on the General Plan map. Mayor Houston asked why it was not feasible to rebuild the riparian corridor. Ms. Huston stated the proposal was first submitted just prior to the City eouncil meeting of May 8. When their engineer took a closer look, it was determined that if there was reconstruction of the stream, it would need to be piped under the roadway and when the water was let out under the road it would be too much water. It's basically the road which would be higher than the natural ground contour. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 RE.GULAR MEETING May 22,1995 PAGE 290 e e Marti Buxton, representing California Pacific Homes stated this has been a very long process getting through approvals. What they brought tonight were some visuals showing what a beautiful project this will be. They hope to be building beautiful homes starting in late summer or early fall. The entry to the project will be beautiful and it will eventually go up the hill to Phase II. The solution they've worked with for the last several weeks to do the best job possible with the riparian corridor was discussed. There was no attempt at all to reconstruct the stream corridor. This was probably her misuse of the term reconstruct. The road goes up very steeply and if you were to pipe the water, it would be an awesome amount of water coming out of the pipe and it is aiming right at a public road. This would obviously not be acceptable. They looked at shifting it over about 20', but the road must stay and they propose shifting it over just a little in the riparian habitat. They are proposing a more gradual grade as shown on one of their overheads. Ms. Buxton stated the sewer line area needs to be rerouted. They feel there would actually be 0 savings of 4 acres of trees which Staff does not indicate. They propose no grading on the ridgelines. There are no trees there, but rather a lot of grass. She stated she appreciates the work Staff has done. They now have 166 conditions of approval. She referenced # 167 of the revised Tentative Map Conditions. She stated she wanted to clarify that the requirements of Fish & Game are things they have responsibility for and within the areas of their jurisdiction. She stated Dave Ryan from Warmington Homes will be building the homes. CPH will stay with the project until the homes are sold. Cm. Burton asked for further comments on # 167. Ms. Buxton stated she wanted the Department of Fish & Game's recommendations clarified. She stated she wasn't quite sure how they came to the conclusion that there were no impacts under the previous plan. Ms. Huston discussed this. They requested that no development occur in the oak/woodland area. They had a staff member come out to the site and the project plans have been routed to them. The City adopted a statement of overriding consideration and they may have thought we adopted their request. Cm. Moffatt commented on condition #82 which states, "Replace last sentence with, I Developer is responsible to construct the road prior to occupancy of the 26th unit on Bay Laurel Street'''. Ms. Buxton stated this was actually a Phase I item. Once you go past 25 homes on a street, you must have a second street. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22,1995 PAGE 291 e e Cm. Moffatt asked questions about the timing of the building of the roads. Ms. Buxton stated they hope to start selling homes in early 1996, and explained that the stub street will be built when the whole project is graded. Cm. Moffatt asked about the 6 homesites with no crib wall. Why are they not having a crib wall? Ms. Buxton stated there is about 1.3 acres of trees that they will reforest. The crib wall that was in there was also for a deep sewer. A crib wall would save very little. The contours of the land were shown and most of the pad is already there for grading the road and the cul- de-sac. This was where they discussed tradeoffs. They felt the location of the 6 lots would be good because it wouldn't cause any additional grading. Cm. Moffatt asked if it would be possible to put houses in without grading and make them fit the contour of the land. Ms. Buxton stated they could be custom lots. They shifted the lots forward. This was a tradeoff. They can and will revegetate the area with trees. Bob Leever, Civil Engineer showed where a slide was that would affect the area. They're trying to avoid grading in a nearby area. Mayor Houston asked with regard to the old versus the new plan, if there is more or less grading. Mr. Leever stated there is less grading with the new plan. There are large areas that are not being graded. The total of the new plan is about 120 cubic yards less of grading. Mayor Houston asked about the line of site which will be visible from down the hill. Mr. Leever stated they did photo montages of this item. Since they will not be grading the knolls, it will be less visible. There are less houses on the upper area of the plan. Mayor Houston asked the Landscape Architect questions on the new versus old plan and the tradeoffs on tree loss. David Gates, Landscape Architect referenced the Phase II map showing the revegetated zones They will be planting 300 trees per acre to account for a possible 50% loss. There will be about a 3 to 1 replacement. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22,1995 PAGE 292 e e David Ryan, President of Warmington Homes of Northern California introduced himself and stated he hoped to clarify and clear up any misconceptions. They will build, market and sell the homes for California Pacific Homes. Their involvement will be strictly on a contract basis. Warmington homes was established in 1926. California Pacific Homes will be their employer. Cm. Moffatt asked if there are problems with the homes if they will be putting up some kind of a bond to cover any problems that may occur. Mr. Ryan stated under state law they are required to comply. They are not a newcomer to this game. Cm. Moffatt stated typically a problem could occur a couple of years after someone buys a home. He asked who is responsible under this scenario. Mr. Ryan stated they will be responsible. 8:10 p.m. Rob Persson, 11303 Rolling Hills Drive, felt these are difficult issues to study. They are making rapid changes to meet a schedule'. In making changes at this point, they need more time for consideration. He expressed concern that we haven't heard more points of view from other professionals. He was also concerned about precedence setting. There aren't too many citizens present saying we have to have this project right now. We should take our time and plan this out carefully. The City Council should remember who they represent. 8:10p.m. Dr. Harvey Scudder, 7409 Hansen Drive, stated he had a bit of misgiving about this project. There needs to be adequate reason to amend the plan and consider how it will appear in the future. 8:12 p.m. Doug Abbott, 8206 Rhoda Avenue addressed an area of principle. There are 2 potential developers on the west side who have taken the past referendum to heart. One developer has actually incorporated community input into his plan. Why did they have to wait 3 years for this when the geotechnical plan was done back in 1992. They should have come to the residents to try and make tradeoffs to avoid environmental damage. If the City Council approves this, they will be sending the wrong message. He urged the Council not to blow it. Mayor Houston asked Mr. Abbott for suggestions that could be incorporated into the plan. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 293 e e Mr. Abbott stated he would like to look at smaller lot sizes in order to pull back from some of the sensitive areas. AI Jordan, 11428 Winding Trail Lane, submitted a written statement, "I am opposed to the plan to build in previously designated open space ". 8:16 p.m. Marjorie LaBar, 11707 Juarez Lane stated she has been involved with this project since 1986. Her concerns are the location of the stub road~ An alternative has been suggested that could avoid all the creek grading. She suggested that 2 easements be prepared, neither necessarily recorded. The one not used would revert to public open space. In terms of tradeoffs, the 16 lots that are being lost could be caught up by doing a patio home type project. This is a luxury project. The size of families is getting smaller; the population is graying. An excellent product could be built in areas which she pointed out on the map. The issue of grading down by the creek never came up. This would have been disallowed by the General Plan to begin with. The work that has been done over the years ought to be respected. She would prefer to never have to go through another referendum process. The stub road sticks out like a sore thumb. We've made our decision to grow to the east so preservation of areas in the west become more important. She asked that either the 1989 project be approved with the earthquake adjustments or send it back to the Planning eommission and let's take another go at it. If the City Council approves it, she questioned why we would go down to a 5 gallon tree and asked that we require a minimum of 15 gallon trees. She requested that the Council please rethink the lower lots. We're talking about only 10% of the project, yet it's 95% of the difficulty. The community needs to be able to look at the grading issues. The developer has not been willing to look at the concerns the community has brought up. The stub road has been at the forefront since the very beginning. The EIR is really not adequate. The community needs to hear more about the long term and short term impacts. She stated she isn't looking forward to having dirt in her pool again as she lives right under this project. 8:28 p.m. Diane Rushing, 11200 Rothschild Court stated she certainly is not an expert on this. When they purchased their house 5 years ago, she was excited that Dublin didn't seem to be out of control with building. Listening to everyone tonight she hears rebuilding, reforesting, etc. You certainly don't replace an 80 year old oak tree in a few years. Building can be good, but there are certain things that cannot be replaced. Do we have to have these 10 homes? She stated this may be a stupid question, but she just didn't get it. We don't appear to be looking at things in the long term. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 294 e e 8:31 p.m. Gloria Kasdan, 11418 Winding Trail Lane submitted a written comment which was read. "What concerns me is the fact that in the new proposal the green space in the center is entirely surrounded by homes and concrete. There are no maps of the original plan displayed to compare, but I'm sure you remember the large open connecting area." 8:31 p.m. Jeri Larsen, 11305 Rolling Hills Drive stated she wants to tell her 15 year old daughter that she did everything she could to save open space. She is a major environmentalist. She paid an extra $70,000 because of the location of her home. She paid to see wildlife and open space. She wants to see something beautiful, not street lights. This will destroy the houses up there. East Dublin can accommodate growth. The 10 homes will not help Dublin. Once the trees are cut down and the wildlife goes, they will not come back. The Tri-Valley Herald ran an article on May 14 which shows what will happen in an earthquake. Dublin is in the extreme damage area. She had a geologist look at her house and she is in a slide area. She's supposed to be suing Kaufman & Broad because of the improper grading of her home. 8:35 p.m. Hans Heydorn, 11430 Winding Trail [one submitted written comments which were read. "The developer wants to destroy part of a beautiful environment to compensate for their miscalculation because of a hitherto unknown fault line. Don't make the environment the scapegoat for their mistakes! I am not against the project at all- but please don't allow to locate the 10 houses in the woodland area. Thank you. " 8:35 p.m. Tom Ford, 7262 Tina Place stated he was recently elected Vice President of his homeowner association. This presents an interesting opportunity for the City where we have cash coming in. Since Briarhill was plotted without any parks and/or recreation, we have our last opportunity to have a neighborhood park in the area. He spoke to the Planning Commission which referred him to the Parks & Community Services Commission. He continued to speak on the fact that if you stand at the edge of the Briarhill area, Silvergate and Hansen Drive, you are about a mile from Shannon Park, .8 mile from Mope Park, and 1 1/2 miles to the other park site. The last semblance is the small meadow on Silvergate. He suggested that the developer donate this area to the City. He suggested that they consider this or at least consider not building the homes in this area. They could put a larger number of units higher up. Off street parking will be another issue. A lot of people will be driving up to this area and his association is concerned about this overflow of parking in the Briarhill area. This could be a real dangerous and annoying situation. If they insist on building in the meadow, then they have no chance of getting a park. Their cabana club is overbooked. They don't want to *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22,1995 PAGE 295 - e be disadvantaged. Put more density higher up. He displayed on the map where he would like to see the 1.5 acre "parkette". 8:47 p.m. David Bewley, 11166 Brittany Lane, asked about the comment that the 6.6 acres would have been graded anyway. He understood that this was not formerly approved. Ms. Huston explained that the 6.6 acres was not included in Staff's evaluation of tree loss. Ms. Buxton stated they were not focusing on whether there was a net gain or a net loss. The location of the sewer line was shown, as well as the slide area. Mr. Bewley stated he thought a couple of weeks ago that this was an area that was being saved. He stated he did not dispute the fact that there will be a development built. What's best for the City of Dublin is his main concern. It will also affect residents in the future as additional projects are built. The visual aspects and preservation of oak woodlands were referenced in 1988 documents. There are some strong words in the General Plan document. It establishes protections for residents. The City Council needs to be very sensitive to removal of the oak woodlands. There is a danger of undermining our policies. We've got to have some consistency. Do we have a plan to preserve open space or don't we? The implications of what we do with development in the future are at stake here; not just a few trees with this development. Mr. Bewley stated he felt this was a fabulous public forum for residents to speak and be heard. In summary, an economic reason to approve this project is not appropriate. The City has been boxed in because of the 10 homes. He has heard comments that if the project doesn't go tonight, it will fail. He questioned this. Because of inconsistencies, the City could be subjected to legal challenges. This should be put off until another time to deal with policy inconsistencies. 9:07 p.m. Bob LaPerle, representing Valley Christian Center stated they have had a good working relationship with the developer in modifying their project to meet some of vce's needs. They hope to see them proceed as soon as possible. 9:08 p.m. Stephen M. Green, 11314 Roiling Hills Drive, stated he preferred that the City Council defer the request for the 10 homes in the open space. Avoid amending the General Plan in order to avoid future liabilities. He suggested that the preservation of the oak trees may enhance the rest of the development. He will be old and dead before such trees are replaced. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 296 e e 9:09 p.m. John Anderson, 11174 Brittany Drive pointed out that the lack of development in one area is directly in his view line, so he would benefit from this. He would be remiss however because we're talking about a highly sensitive area. The 1989 approval required it to be permanent open space. Grading was to be minimized to the greatest extent possible. This statement was from a document that the eity Council approved. Several 1989 resolutions were referenced. Staff and the Planning Commission have already recommended denial on this. The Department of Fish & Game also paraphrased the statement in a 1989 resolution. The East Bay Regional Park District submitted a letter and the Dougherty Regional Fire Authority gave input. When you have a hammerhead turnaround, you have to have a 40' turn around. This will cause a lot of extra grading that wouldn't be there if we were minimizing the grading to the extent possible. He has heard no one support the 160r 10 homes. This hinges on financial feasibility for the developer. Nothing is the same as it was in 1989 with regard to financial costs. We should be looking for viable options. 9:18 p.m. Elliott Healy, 11362 Betlen Drive, stated he fully supported the comments of Mr. Anderson. There have been some things that seem a little clouded in his mind. One is the visual impact of any development. There is some sort of a nebulous thing where certain ridges shouldn't be encroached upon, but this is never clarified. He hasn't seen any elevations that show what people will see from certain areas of the City. The Pulte Development homes were never supposed to be visible from 1-580, but they are. What is being shown is obviously being shown to put the best slant on the project. With regard to the economics, this is another thing where we don't really know whether they can give up 6% of the total development. Will this 6% impact them so bad they can't make a good profit. This is kind of hard to take. Developers usually always ask for many more homes than they expect to get. They've been playing this game a long time. This should be kept in focus. Pulte Homes requested 44 homes and they settled for 22. The City Council should not have to struggle to stay within the General Plan policies. 9:23 p.m. Mayor Houston closed the public hearing. Ms. Huston showed a visual display of the project as proposed and also as approved in 1989. Cm. Burton asked how many oak trees are involved in the area of dispute. Ms. Huston stated she did not have an actual count of trees in this area. The tree survey was done in 1987 and included in the EIR. It identified over 1,000 oak trees. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22,1995 PAGE 297 e e em. Burton complimented everyone who showed up and stated he felt this had been a good discussion. The issues were well taken. Obviously, people did their homework. Some issues call for the redesign of the whole project. It's clearly too late for Mr. Ford's park request. Some feel it should start over again. The project is now in place, so the City Council is looking at how it can compromise. He was opposed to the City Council making a final decision with the new information that was presented. He wants to make sure the access road joins the property to the north and also to the northwest there is an access road and this should be a 40' easement. The access road should connect to the trail instead of congesting the parking along Silvergate. These are important issues and the easements should go all the way to the property line. He does not want to pre-empt future development on the Nielsen property by closing off the street. He is not against the houses as proposed. Cm. Barnes stated she felt they had listened to the residents for a long time. There are a lot of people who have called her who aren't present. Regarding compromising on the number of homes, it was much larger a few years ago. We are preserving the open space while developing a well planned community. She opposed making the lot sizes smaller. We did have visual impact pictures done last time and she stated she was comfortable with this. em. Moffatt stated he had a greafproblem with changing the General Plan. It should match our existing General Plan. We seem to be changing circumstances which will give credence to other folks coming in in the future. He was also concerned about the wildlife corridor and felt the units should not be there. Maybe they could be moved on up the hill or to another area that is not quite as sensitive. An alternative would be to recommend that a new design be developed which would involve no new grading in oak riparian areas. Mayor Houston stated he agreed with Cm. Burton on the access roads. Housing units adjacent to a road makes more sense. In hearing the testimony and the history of previous City Councils in protecting the trees, he felt it is wise to retain this area. They can redesign the project and look at where they might put the lots to keep the open space designation. There should be adequate set aside areas for the roads. Cm. Burton asked for thoughts on whether this should come back to the City Councilor go back to the Planning Commission. Cm. Moffatt stated he felt the best way would be to send this back to the Planning Commission. His main concern is to not upset the General Plan. Mayor Houston did not feel it was a big problem because there will be a road there. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22,1995 PAGE 298 e e The City Council discussed eliminating 5 of the houses to maximize saving the oak trees. em. Barnes commented that a lot of the trees will go because of the road. Cm. Burton stated he was more inclined to keep the discussion with the City Council rather than sending it back to the Planning Commission. He suggested sending it back to the Planning Staff to address pulling out the 5 houses but find another place for them. Expand the riparian corridor by taking out 5 of the houses. Extend the road with a hammerhead and bring it to the trail so they can park their cars. The road should be 40' wide so it can be one of the accesses. This battle will have to be fought separately. eity Attorney Silver stated an amendment to allow homes in the area is a decision the City eouncil can make. It will require an amendment to the General Plan to allow houses in the open space area. The City Council must determine if other General Plan polices need to be amended. Three documents were included in the packet to redesignated the 2.4 acre area The first resolution in the packet finds the original EIR covers the project and would adopt a statement of overriding considerations. Other resolutions were referenced which were included as part of the packet. Cm. Moffatt again stated his concerns with deviating from the General Plan policies. Cm. Burton felt the issues were all being addressed. He asked em. Moffatt if he was for or against eliminating the 5 homes. Cm. Moffatt stated he supported relocating the 5 homes. He also agreed with the comments about the road. The City Council agreed that they wished to keep this at the City Council level rather than sending it back to the Planning Commission. Cm. Moffatt commented that the 6.6 acres is inhabited as a natural wildlife corridor and this is a detriment to the whole area. It would be a good passive type park. He felt that parking under the trees is a good idea. Ms. Buxton asked a question about some lots where Staff asked them to take 3 lots off. With no additional grading, she stated they could put the 3 lots back in. They would have their 10 lots then. Cm. Burton asked Staff if the eity Council could have 2 or 3 options presented so they could make a choice. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 299 e e Ms. Huston clarified that they were asking for 3 versions of the plan. There are other options of where to put the lots. Anytime you start moving lots, you have to start shifting around where the grading will occur and then you have the possibility of taking out a greater number of trees. em. Burton clarified that his motion was to put it back with Staff to bring forth 3 options. Mayor Houston stated he felt the desire would be if it is a good financial project for the developer to put no houses there. Maybe Staff will come back with a comment that this is as good as it gets. Cm. Moffatt felt the City Council should give a policy that they should stick to the General Plan. Mr. Ambrose stated Staff needed more direction. He was hearing that the 200' is not wide enough. Both developer and Staff need more direction. The access road will be easier to deal with. If Staff had an understanding of the Council's objectives, it could work with the developer. Cm. Barnes stated she was feeling "frustrated. The City Council asked for 200' and now they are asking for 900'. No matter what they come up with, we can't seem to find where these houses can go. Mayor Houston stated his goal is if we can keep the 5 houses on the west side, this will be the widest ban we can work with. He would like to see if there is any other way to move on the south side. This is a sensitive area, however. Ms. Huston stated preserving the oaks, if the grading could occur in areas where there would not be additional tree loss, Staff could look at some of those areas for trees. Mayor Houston felt the main concern previously was the riparian habitat. The second issue is loss of oak trees. The grading isn't as major. Cm. Burton felt the objective is to have one more meeting. Give the Council options a, b, or c, and they can go with it. Cm. Barnes stated it seems they are saying they don't know how to do the job, so they're just saying bring it back and they might get it right potluck. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 300 e e Mr. Ambrose commented if there was a consensus on the City Council to remove the 5 lots then Staff could come back with several options on what is possible. em. Burton stated this was part of his motion to look at moving the 5 lots. Mayor Houston requested that Staff look to see if there are options for placing the 5 lots elsewhere. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council directed that this item be returned to Staff to review relocating the 5 homes on the loop road or eliminating them and that it be brought back to the City Council at the earliest possible time. The Council would like a couple of options for the 5 houses. Comments about the 2 access roads should be incorporated and they should go to the border of the property. We should strive to meet the objectives of the General Plan policies as closely as possible. Cm. Moffatt made a motion to remove the 5 houses along the creek. This motion received no second. Mayor Houston then stated it should come back at the next City Council meeting which will be on Tuesday, June 13. This will be the first City Council meeting on Tuesday rather than Monday. d_~'UU RECESS 10:22 p.m. Mayor Houston called for a short recess. All Councilmembers were present (Cm. Howard absent) when the meeting reconvened. . .dUU.'.. NEW ECONOMIC DEVELOPMENT MARKETING BROCHURES 10:30 p.m. 8.1 470-10 Economic Development Manager Reuel advised that with the assistance of Imagesetters, a graphic design firm, Staff has completed the design process of 3 economic development marketing flyers and a presentation folder. It is necessary to proceed with an invitation to bid the printing of the marketing material at this time so that the project can be completed by the end of this fiscal year. Imagesetters will have everything on disk and camera ready for the companies to bid on the printing. The estimated cost of printing is $9,000. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22,1995 PAGE 301 e e Mr. Reuel stated he felt a lot of good dialogue had taken place tonight. He was reminded of the saying, "Who you are speaks so loudly I can't hear what you're saying". Color proof sheets were distributed to the City Council of the proposed brochures. We need to let the people know we want to work with the business community; we value them and want them to stay. Another brochure would be used to market to new businesses to locate in our City. A third would portray that there is a lot going on in this City. Our housing is really important. Cm. Burton commented that it was a good job. He felt the print should be a little bolder. Also under partnering with the business community, he suggested reversing some wording in that the first sentence is negative. Mayor Houston suggested that the Council review them and get back to Greg by next week. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote (Cm. Howard absent), the Council approved the concept of the economic development marketing brochures and authorized Staff to advertise for printing bids. ................... MODIFleATlON TO COUNCIL CHAMBER MICROPHONES 10:39 p.m. 8.2 (200-30) Administrative Services Director Rankin presented the Staff Report. In order to provide better amplification without requiring speakers to look straight into their microphones, Staff was directed to evaluate potential sound system modifications in the Council Chamber. Following a review, Staff recommended the purchase and installation of 11 new "Lavalier" microphones. In order to install the new microphones, the Contractor has proposed to install an audio jack which will automatically disengage the pedestal microphones when the Lavalier microphone is plugged in. The estimated cost for the microphones is $2,640 and the estimated cost of manufacturing new connection and installation is $2,360. Staff also requested an estimate to modify one of the wall mounted microphone jacks to an audio output jack, to allow Community TV a direct access point to the audio system. Cm. Moffatt asked if it is more expensive to hook into the current system or for them to have remote type microphones in their pockets. He questioned if we might lose more of this type of microphone. Mr. Rankin stated he did not pursue a wireless microphone because you then need a radio frequency. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 302 e e On motion of Cm. Burton, seconded by em. Moffatt and by unanimous vote (Cm. Howard absent), the Council authorized Staff to proceed with the modifications as outlined in the Staff Report. Cm. Burton commented on how clearly the sound comes through in the caucus area. It would be a help to put a speaker near the City Council area. ....................H'..'... OTHER BUSINESS 10:45 p.m. City Council Team Buildinq Session (610-20) Mr. Ambrose discussed the team building session date. em. Barnes can't make it on June 10, and Cm. Burton can't make it on June 17. Cm.'s Burton and Howard had indicated a question mark on their availability on the date of July 8. Mayor Houston suggested July 15. Cm. Burton stated he would not b~ available on July 15, but indicated he could make it on July 8. Mayor Houston requested that Staff see what Cm. Howard says about her availability on July 8 as soon as she returns. ....................~.. Meetinq with Mediation Consultant 1610-05) Mr. Ambrose stated David Stiebel, the mediation consultant, wants to meet sometime this week, preferably at 1 :00 p.m. or 2:00 p.m. Mayor Houston stated he could meet on Friday, May 26 at 1 :00 p.m. ..........................~. City Council Meetinq Procedures 1610-20) Cm. Barnes asked if we could put the speaker slips somewhere closer for the convenience of audience members. Also, she asked if there is a time limit for each speaker. She definitely wants to encourage input, but felt that 13 minutes was excessive. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 303 e e Mayor Houston agreed, but felt this was a sensitive issue. He stated he will try to get this more under control in the future. . .........,.~' Telecommunications Franchise Fees 11010-20l Cm. Moffatt stated a couple of weeks ago, the City Council discussed telecommunications and he got more information which he stated he would pass out. Federal laws will nullify the fee structure to cable television and telephone. They will eliminate the franchise fees to cities for television and telephone. He suggested we watch this legislation very carefully. cA- ... ..'V........................ Tri-Vallev Planninq Committee Pilot Proiect I 140~ 1 Ol Cm. Moffatt reported that this morning the Tri-Valley Planning Committee put together an agenda for several months. On Juoe 5 and 12 there will be a discussion on intensity of urban development. The meetings are noticed so anyone can attend. ....'uu Rowell Ranch Rodeo 1950-40l Cm. Moffatt commented that a couple of Council members went to the Rowell Ranch Rodeo. Cm. Burton reported that Cm. Moffatt received a set of attachable spurs for winning the cattle penning event. ............... ......+'H. Sales Tax Report 1390-70l em. Burton stated he received a report on sales tax figures and on the back it stated some of the information was confidential and he questioned why it said this. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 304 e e Mr. Rankin advised if there are less than a certain number of businesses in a particular category, you can't give the figures out as public information. ................+. East Dublin Planninq (420-101 Cm. Burton commented on the letter received from John DiManto related to developing his property in east Dublin, and asked what the story is on this. He indicates he wants to build a golf driving range and a roller blade course. Cm. Barnes stated she had not received a copy of the letter. Mayor Houston reported that he and Cm. Burton were sent copies of the letter which was addressed to the City Manager. Mr. Ambrose stated Planning is writing a response. Zoning is what sets the uses as well as conditional uses, so until you have zoning, you can't have conditional uses. 'HHU'.' School District Liaison eommittee Meetinq 1515-201 Mayor Houston reported that the school district liaison committee met and discussed the results of the facilities task force. The top priority was the multi-purpose gym facility. The School District is looking at building 3 gyms in town; one at the high school; one at Wells and a third at Valley High School. They will be building basically a multi-use room and if we add 30', we can have a full size basketball facility there. After school is out, it could be used for public use. They directed Staff to come back with some alternatives as to what this expanded building would cost and incorporate it into our Facility Use A.greement. We will look at how we can work together on this gym. Mr. Ambrose stated the School District is also looking at some other things regarding the old Dublin Elementary School. Mayor Houston reported that they pretty much nixed the 90' ballfield. Wells will be completely redone. The School District has the funding and we will see how we can participate and how the use agreement can be worked out. We can possibly solve a lot of problems. The liaison committee will meet next at 3;30 p.m. on June 21 st. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22,1995 PAGE 305 e e Cm. Burton thanked em. Barnes for filling in for him at the liaison meeting. He suggested that Cm. Barnes assume this position permanently. Chanqe in Appointment 1110-301 Cm. Barnes expressed a willingness, so Staff was asked to make this switch on the School District Liaison Committee. .".,,, '" """.".....+......"... Teen Task Force Meetinq 1950-801 Cm. Barnes reported that there would be another teen task force meeting tomorrow night. .....",....+-. ADJOURNMENT 11.1 There being no further business to <;ome before the Council, the meeting was adjourned at 11 :02 p.m. ...,"'"."...,"".......+............ Mayor ATTEST: City Clerk ......................................+'.... *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING May 22, 1995 PAGE 306