HomeMy WebLinkAboutItem 4.01 Draft Minutes 05-28-1996 (2)
~~
! '-r
.
.
.
'.".-
'P"
REGULAR MEETING - Mav 28. 1996
A regular meeting of the Dublin City Council was held on Tuesday, May 28, 1996, in
the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:04 p.m., by Mayor Houston.
... ..-.. _......._.~._._.........+ ..........._~. .. -... .....
ROLL CALL
PRESENT: CounciImembers Barnes, Burton, Howard, Moffatt and Mayor Houston.
ABSENT: None
..... +...-
PLEDGE OF ALLEGIANCE
Mayor Houston led the Council, Staff and those present in the pledge of allegiance to
the flag.
...._.___ +r.__m.- -....--
A WARD TO THE cm FOR EXCELLENCE IN FINANCIAL REPORTING
7:04 p.m. 3.1 (150-20)
The Government Finance Officers Association notified the City that its comprehensive
annual financial report for the Fiscal Year ended June 30, 1995 qualified for a
Certificate of Achievement for Excellence in Financial Reporting. The Certificate of
Achievement is the highest fonn of recognition in governmental accounting and
financial reporting and -its attainment represents a significant accomplishment by a
government and its management.
Mayor Houston presented the Certificate of Achievement plaque to Paul S. Rankin,
Assistant City Manager/Administrative Services Director.
.+--.- .'
SPECIAL RECOGNmON TO DUBLIN POLICE SERVICES BY DUBLIN HIGH SCHOOL
7:05 p.m. 3.2 (580-30)
Dublin High School Student Body President Ryan Schrader read a letter from Mary
Eversley, Principal at Dublin High School, commending the Dublin Police Services for
their outstanding support to Dublin High School. Dublin High School has received
the California Distinguished School Award three times.
ern" COUNcn. MINU'I"ES
V"OLUME 15
RE6ULAR MUTING
lVIay 28, 1996
PAGE 236
4. ,
.~~ ~;,
,~ f
New Power Poles on Hansen Drive & Silver~ate Drive 10 to - 30
Rick Van, 11447 Rampart Drive, indicated new power poles are being put up along .
H~nsen Drive and Silvergate Drive. He did not understand why poles were being
used rather than under grounding the utilities. He stated the poles were taller than
poles used in the past. It was his understanding that Pacific Bell had been installing
the poles without a pennit. Dublin was trying to upgrade its looks. He wanted to
preserve the property values in Dublin.
Mr. Thompson, Public Works Director, stated he had met with Pac Bell
representatives. They have agreed to remove the new poles and put in lower poles.
Mayor Houston asked about the permitting.
Mr. Thompson responded that the work had been done without a permit. They will
be going underground with the utilities in the future.
Cm. Burton stated it was a nice presentation and that he wanted lower poles. He
asked how long it would be before the utilities went underground.
Mr. Thompson replied when P G & E put in new utilities in two or three years.
..~",._..
+...................
.
Concern about Landscaping 5~ - 2()
Diane Soto of 1148El Silver gate Drive has been a Dublin resident for over 20 years.
She addressed tne Council about her concerns regarding the landscaping throughout
Dublin. She has just returned to the City and has observed that shrubs are dead along
Silver gate Drive. Driving along San Ramon Road used to look nice, but now there are
all kinds of weeds. Why isn't the landscaping being maintained? She felt Dublin
looked worst than when she first moved in.
Cm. Howard agreed with Ms. Soto. She .felt the landscaping was not looking as good
and wanted Staff to look into the contract.
- '~_.+...
Cars Running Red Lights 590-30
Valerie Vann, 11447 Rampart Drive, expressed her concern about the number of
people who run red lights, especially on Dublin Boulevard/San Ramon Road. She has
CITY' COUNcn. MINUTES
V"OLUME 15
RE,GULAR MEETlN6
:tVIay ss, 1996
PAGE 237
.
.
.
.
!
seen at least 20 cars a day run red lights. What can be done? She-is surprised there
are not more accidents. She saw on television that some cities have installed cameras
in the traffic lights to take pictures of cars going through a red light. She believed the
cost of installing such equipment would pay for itself.
Mayor Houston indicated he has seen cars running the stop sign at Silvergate and
Amarillo. When such problems are brought to the attention of the City, police will
work harder on that particular area.
Cm. Howard stated there was a problem at San Ramon Road and Shannon Avenue.
........ ................".... .....+..--...................-... ........ "
Gun Issue G$S - 9J <7
Greg Somersett wished to address the Council in regard to the gun issue in this town.
He believed everyone had a right to own a gun. He felt crime control and gun control
were two separate issues. He stated if someone sells guns from their home, they will
be regulated by ATF. He believed it would be violating his rights as a gun owner to
prevent people from selling guns from their home.
.- .. ~. ...-+,-
Problem with Utility Poles IO;l.fJ -30
Leo Warren, 11435 Rampart Drive, brought pictures he had taken of the utility poles
from his backyard to show the Council. He asked where the utilities would be
undergrounded.
Mr. Thompson, Public Works Director, responded 1,500 feet passJhe intersection
which meant only the first couple of houses would not have the poles.
Mayor Houston indicated that at least they will be reducing the size of the poles so
that the higher poles will not be there.
. ......_.ww...........__+..'....................- ... -
1000-70
Tom Ford, Tina Place, indicated he had spoken with the City last year and determined
the area known as Kennedy Garden was City property. He was told it could be
upgraded with the widening of Dublin Boulevard. He feels it is substandard. He also
wanted to address the fact that Zone 7 Board of Directors has received a letter on City
of Dublin letterhead supporting the water transfer from the Berrenda Mesa district.
This issue had not been reviewed or discussed by the City Council or the Planning
Commission. He felt it was a strong endorsement for the project, while both the Cities
ern' COUNCIL MINUTES
VOLUME 15
REGULAR MUTING
lVIa.y 28, :1.996
PAGE 238
of Livennore and Pleasanton strongly opposed the transfer. Votin;g on the issue by
Zone 7 will take place June 12th. He felt it would be prudent for the City to review in
an open forum the issue and note the impact on our City. He felt if the City supports .
the transfer, it will hurt the development in Eastern Dublin. He asked why we were
trying to support this? EBMUD has committed to providing water to Dougherty
Valley in the year 2000. He felt the City should be neutral or have a public airing
because it was a serious matter.
. . + .mm.'~.'mm.
CONSENT CALENDAR
7:29 p.m.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council took the following actions:
Approved (4.1) Minutes of Regular Meeting of May 14, 1996;
Adopted (4.2 600-50)
RESOLUTION NO. 50 - 96
AUfHORIZING THE MAYOR TO EXECUTE AGREEMENT FOR
SUPPLEMENT NO. 006 (CYCLE 6)
STATE-LOCAL PARlNERSHIP FUNDS (SB300)
.
Adopted (4.3 670-40)
RESOLUTION NO. 51 - 96
APPROVING QUITCLAIM DEED FOR lITILI1Y EASEMENT
PROPERTY AT NORTIIWEST CORNER OF DUBLIN BOULEVARD
AND DOUGHERTY ROAD
and authorized Mayor to execute the deed;
Approved (4.4 600-30) Third Amendment to Agreement for Legal Services with
Meyers, Nave, Riback, Silver & Wilson and authorized Mayor to execute the
Agreement;
Accepted (4.5 150-70) gift in the amount of $2,000 from Soroptimist International
of Dublin Inc to be used to develop and implement curriculum for the Pioneer Day
Program for third graders at the Dublin Heritage Center; and directed Staff to prepare
fonnal acknowledgments to the donor;
CITI' COUNCIL MINUTES
VOLUME 15
ItE.GULAR MEETING
:M:a.y 28, 1996
PAGE 239
.
.
Adopted (4.6 600-40)
RESOLUTION NO. 52- 96
AUTI-IORIZING AN AGREEMENT BETWEEN TIlE CITY OF DUBLIN AND
TIlE COUNTY OF ALAMEDA REGARDING TIlE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM FOR FISCAL YEAR 1996-97
and authorized the Mayor to execute the agreement;
Received (4.8 600-30) Staff presentation on agreement between the City of Dublin
and Kaufman and Broad regarding Rental Availability In-Lieu Fee for Donlan
Canyon/ California Highlands and authorized Mayor to sign agreement;
Awarded (4.9 350-20) bid, not to exceed the amount of $13,348 to Lynn Peavey
Company for the purchase of the TraQ Evidence Tracking System; authorized the
budget change and additional appropriation to complete the Evidence System
purchase; and awarded bid, not to exceed $7,388, to Derek Consulting Group, for the
purchase of the Government Fixed Assets Management System (G-FAMS);
Directed (4.10 590-20) Staff to investigate speeding concerns on Village ParkWay
. and to work with the City of San Ramon regarding future improvements;
Authorized (4.12 600-30) the Mayor to execute the agreement for the Art in the
Parks at Stagecoach Park; .
Approved (4.13 300-40) the Warra!lt Register in the amount of $319,866.06.
Cm. Moffatt pulled Item 4. 7 from the Consent Calendar and wanted the public to be
aware of the high cost of graffiti and what the cost to the City was to remove it. He
indicated that ten to twelve windows were going to have to be replaced due to the
etching, which will cost between $8,000 to $15,000. He felt it was a shame the City
had to spend the money, but our facilities should be clean and presentable. In regard
to the rejected bids, he asked if the bids could include a layer of plastic which would
cost between $5 to $10 to prevent future etching.
Parks &- Community Services Director I.owart indicated that once the windows were
installed that vandal resistent film was going to be placed on the windows and she
indicated that 41 windows have been damaged
Cm. Bames stated it was 27 windows when the bid process had started
.
ern' COUNCIL MINUTES
V"OLUME 15
REGULAR MUTING
l.VIay 28, 1996
PAGE 240
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unailimous vote, the City
Council adopted (4.7 600-30)
RESOLUTION NO. 53 - 96
.
REJECTING ALL BIDS FOR CONTRACT 96-05
SHANNON COMMUNITY CENTER WINDOW REPLACEMENT
and authorized Staff to readvertise the project with a modified scope of work;
City Manager Ambrose requested that Item 4.11 be pulled from the Consent Calendar
so Staff could give an update to the CounciL
Cm. Barnes stated she would abstain from voting on this item.
City Attorney Silver reported that the final form of the agreement had not been
received from PG&E as yet The final agreement form is to indicate insurance
coverage in the amount of $5,000,000 which is the City's current limit rather than
the $10,000,000 coverage shown in the agreement.
Cm. Moffatt asked if the City had an oral agreement with PG&E.
City Attorney Silver indicated the Countywide group has said there shouldn't be a .
problem. She has talked to the PG&E attorney, but they have not come to a resolution
as yet.
Mayor Houston asked if passing the resolution would keep the City on schedule for
the transfer of ownership.
On motion by Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Cm.
Barnes abstained), the City Council adopted (4.11 640-30)
RESOLUTION NO. 54 - 96
APPROVING POLE ATTACHMENT AGREEMENT wrrn
PACIFIC GAS & ELECTRIC CO.
RELATIVE TO STREET LIGHTING FACILillES
and authorized Mayor to execute the agreement;
0"- -,"-- "-_ +- om .._.___
CITI' COUNCIL MINUTES
VOLUME 15
REGULAR MEETING
lYLa.y 28, ~99G
PAGE 241
.
.
Mayor Houston announced that Item 8.1 Mape Park Renovation would be moved to
ilnmediate1y follow the Consent Calendar.
Iv1APE PARK RENOVATION
7:35 p. m. 8.1 (920-30)
Parks & Community Services Director Diane Lowart presented the Staff Report. At the
March 12, 1996 meeting of the Dublin City Council, the Council approved a
consultant agreement with John Nicol & Associates to provide landscape architectural
services for the renovation of Mape Park. As part of the design process, two
neighborhood meetings were conducted to obtain input on the preferred design for
the park. The proposed master plan includes the following design elements: 1)
separated younger and older children's play areas with accessible equipment and
surfacing; 2) new park furniture including benches, trash receptacles and picnic
tables; 3) two small group picnic areas; 4) concrete walkway encircling the park; 5)
upgraded park lighting; 6) sand volleyball court; 7) restroom building; 8) pedestrian
bridge over the creek; and 9) enhanced shrub and tree plantings. The estimated cost
for the base park improvements is $205,023. The sand volleyball court, the
pedestrian bridge and the restroom building are estimated to be $122,500 making the
total estimated cost for the Mape Park renovation on the proposed master plan as
$327,523.
.
At the May 20, 1996 meeting of the Parks and Community Services Commission, the
Commission unanimously approved the proposed master plan including the three
optional items. 'Ihe Commission felt strongly that these items should not be identified
as options but should instead be included as part of the base park design.
The Five Year. Capital Improvement Program does not currently appropri~te funds for
construction of the Mape Park Improvements. The City Council will be adopting a
new Five Year Capital Improvement Program for FY 1996-2001 in June.
Unfortunately, there are more park projects than available funding.
The Parks and Community Services Commission will be conducting a special meeting.
on May 29, 1996 to review and prioritize the park projects and to make
recommendations for the funding and scheduling of these projects. Staff would
recommend that the City Council approve the master plan in concept and direct the
Commission to reevaluate the Mape Park project against other park projects and the
available funds.
Cm. Moffatt expressed a concern about the restrooms and asked if they would be
checked at night.
.
cm COUNCIL MINUTES
VOLUME. 15
REGULAR ME.fITIN6
:M:a.y 28, 1996
PAGE 242
1\15. Lowart responded that the restrooms would be locked at night and opened in the
mornll1gs.
Cm. Moffatt asked about routine police patrol indicating that bathrooms have been
destroyed twice, once being blown up and the second time being destroyed by a sledge
hammer.
.
Ms. Lowart answered that the police do patrol the parks on a routine basis. It will also
depend on the help of neighbors to report problems.
Jo1m Nicol, the architectural consultant for Mape Park, gave an overview of the
proposed master plan. He indicated that the park has a large open green space; there
is a walking path through the area; plantings around the perimeter of the park will
act has a buffer between park users and the neighbors; and the picnic tables will be
spread around the park instead of being in one area.
Cm. Howard asked what would be around the volleyball area to protect balls going
into neighbors backyards?
Mr. Nicol indicated there would be a 20 foot clearance between the volleyball area
and the neighbors' back-yards, as well as a 6 foot chain link fence. There will be
existing trees and more trees will be planted. So physical separation and tree planting
should separate the volleyball area from the houses. .
Cm. Burton stated there was no mention of an area for dogs or cats. Since it is a
neighborhood park, it would be more accessible to dogs with so many handy trees.
Mr. Nicol responded that signage would be incorporated to restrict ~se by dogs.
Becky Hopkins, 7510 Calle Verde, felt time was running out. Mape Park is the only
neighborhood park in Dublin that has never been renovated. It should be at the top of
the list. She felt Mape Park had a bad image. As a child she was terrified to walk past
the park because of aU'the drug and alcohol activity at the park. She doesn't believe it
is a safe place now. It saddens her to have the park a place of fear. Renovation of the
park would mark a new era. Mape Park was actually named as a memorial to a
Vietnam veteran, the first casualty from Dublin. The park is under used and under
served. She asked the Council to approve the complete renovation for the park.
Cm. Burton indicated he had not realized it was a memorial park.
Ms. Lowart responded that the City had inherited the park from Dublin San Ramon
Services District who had established the park as a memorial.
CIn' COUNCIL MINUTES
VOLUME 15
REGULAR MEETING
l.V.I:ay 28, 1996
PAGE 243
.
Mayor Houston suggested the park have a rededication.
.
Joan McNew, 7541 San Sabana Road, stated she strongly believed in the renovation.
It had been carefully developed and was a beautiful park design. The restroom,
volleyball court, and bridge should not be optional, but are necessary for safety and
security. This would be the only volleyball court Dublin has.
Brigit Craig, 7575 San Sabana Road, indicated "option" on this park was not in their
vocabulary. To be a success, every item needed to be with the park. The volleyball
court, the bridge, and the restrooms are needed. She urged the Council to approve the
total concept.
Bob Vogel, 7548 San Sabana Road, indicated he lived a half a block from the park and
was not an extensive user. But he supported the park, especially the safety
improvements for the younger children. Right now the kids are playing in the street
because the park is not safe. Trees block the view. Safety lighting is poor. There is
dated playground equipment which could lead to increased injuries. He indicated the
Council had two choices. One, the Council could support the improvements and
make the park a healthy, safer place. Or the Council could delay the renovation and
hope there are no tragic consequences.
.
Dick Hopkins, 7510 Calle Verde, stated he has lived in Dublin for 30 years. He
strongly urged the approval of all the recommendations. There was a need for the
bridge. The bridge would make the park accessible to a hundred more people.
Mike Wolfe (12 years old), 7507 San Sabana Road, indicated he did not usually go to
the park. There was not much to do there. He felt the park did not look good. There
were rocks and dirt in the sand. The kids played in the streets because they had to
remove garbage at the park in order to play there.
Mike White, 7500 San Sabana Road, stated he supported the park except for one
concept. He lives down at the end of the park and has had park users use his
bathroom. He indicated when Prop. 103 passed, it was good for property owners, but
it was bad for parks. He and his neighbors backhoed parts of the park to cover the
debris. His 23 year old played there. He has watched for years as other parks have
been renovated. It is now our turn. He has reservations in regard to the volleyball
court. If it is the only one in the City, it will turn into a community park. He felt the
volleyball court belongs at the Dublin Sports Grounds. Otherwise, a lot of traffic
would be generated in their neighborhood. He agreed that the youth needed the
volleyball court, but not at this neighborhood park.
.
Cm. Howard expressed concern about the balls going over the fence. She asked if it
was possible to move the volleyball court.
ern' eOUNCIL MINUTES
V"OLUME. 15
REGULAR ME.E.TING
lVIay 28, 1996
PAGE 244
Jim Stewart, 7502 Calle Verde Road, indicated he had owned his home for 4 years.
When he moved in, he was told the park was going to be renovated. Funds that had
been planned for the renovation of 1\1ape Park had been taken to renovate the
Heritage Center. He felt it was important to renovate the park now. He did not have
any kids, but he enjoyed hearing the kids play.
.
Carol Wolfe, 7507 San Sabana Road, stated hers was the second house from the
corner. She wanted to thank Diane Lowart and John Nicol for all their hard work.
She felt this was a total plan providing something for everyone. There was an area for
tots, an expansive field to practice soccer and baseball, and a volleyball court for the
teens and adults. The sand in the volleyball area could be used by tots during the day
and later by the teens to play volleyball. The bridge would provide access to the
Kildara residents. The Dublin Police supported the bridge. The pathway around the
park allows a place to walk. She urged the Council to accept the master plan with the
options and asked that they don't piecemeal the project.
Patricia Dugan, 7587 San Sabana Road, wished to address the safety point of view.
The playground equipment is 30 years old and not safe. The slide is too high and too
hot. There is a real need for safe, modern playground equipment. The kids are
playing in the street. She felt the walkway around the park would be nice to enjoy.
Cm. Howard asked about the lighting in the park and the drainage.
.
Mr. Nicol responded that the master plan did not show the light fixtures. There
would be four or five standards.
Cm. Howard asked if the volleyball court could be moved away from the house.
Mr. Nicol indicated it could be moved 80 feet.
Cm. Barnes stated she loved the whole plan, but was concerned about the lighting by
the bridge for safety.
Carol Wolfe wanted to address the restrooms. There were lots of young moms in the
neighborhood, almost 60 kids on San Sabana and Calle Verde. She suggested the
Council visit the restroom at Boone Park in San Ramon. It was a tiny facility, but was
a really good thing to have. She felt during the early hours the park would be used by
young kids while from 4 pm to 6 pm the park would be used for soccer.
Mr. Nicol stated it would be easy to light the area by the bridge.
ern'" COUNCIL MINUTES
V"OLUME. 15
REGULAR MEETlN6
lY.I:ay 28, 1996
PAGE 245
.
.
Ms. Lowart indicated the Police Deparhnent would be reviewing tne documents in
regard to safety issues.
Cm. Howard asked if the bridge had hand rails.
Ms. Lowart indicated the bridge would be similar to the one at Shannon Park.
Cm. Barnes wanted "Memorial" added to the name for John Mape.
Ms. Lowart explained that the park sign was fairly new and that they weren't
planning on replacing it.
Cm. Burton wanted the word "Memorial" put in reference to Mape Park in the future.
Mayor Houston suggested a formal rededication.
Cm. Moffatt felt the master plan was a good idea, but he was concerned about the
volleyball court with the sand. He felt kids and cats don't mix. He suggested that the
sand be substituted with bark like at Kolb Park.
Ms. Lowart indicated that the park is currently being maintained and that the sand is
raked for glass. Since the sand is not handicapped accessible, it could be replaced
. with bark similar to Kolb Park.
Mayor Houston wanted the volleyball court moved south as far as it could be moved.
He indicated he had spoken with the owner of Hayward Fishery who supported the
idea.
Cm. Moffatt requested that in all future literature and discussions that the name of the
park be referred to as "Mape Memorial Park." ..
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council approved the master plan in concept and directed the Consultant to begin
work on construction documents for the base improvements which would include the
sand volleyball court being moved as far south as possible, the restroom building and
pedestrian bridge with safety lighting.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council directed the Parks & Community Services Commission to reevaluate the Mape
Memorial Park project against the other park projects and available funds as part of
the 1996-97 budget process and recommend to the City Council the park priorities
for 1996-97.
.
CITY COUNCIL MIN1ITES
V"OLUME. 15
REGULAR Mu:nN6
l.YIay 28, 1996
PAGE 246
~
Mayor Houston asked when the Parks & Community Services Cominission would be
meeting.
Ms. Lowart responded tomorrow night (May 29th) at 7:30 p.m.
.
.. .+.
PUBLIC HEARING - BUS STOP ON WEST SIDE OF VILLAGE PARKWAY AT
LE'W1S AVENUE
8:37 p.m. 6.1 0060-20)
Mayor Houston opened the public hearing.
Public Works Director Thompson presented the Staff Report. He indicated that this
was the second reading of this proposed ordinance. Staff had received a request from
an elderly resident of San Ramon to have a bus stop placed on the west side of Village
Parkway across from the post office. The nearest stop on the west side of the street is
at the corner of Amador Valley Boulevard near the Oil Changer. Staff contacted the
County Connection, which had no objection to placing a bus stop at this location.
At the May 14, 1996 Council meeting, a concern was expressed that a bus stopped at
this location would cause a traffic backup and a problem for drivers making a
northbound-to-southbound U-turn. Staff feels this situation would not occur
frequently since the bus would only stop if there were passengers getting on or off. .
Cm. Moffatt asked if the business owners had been notified and if any complaints had
been received.
Mr. Thompson responded that the owners had been notified and that no complaints__
had been received.
Cm. Moffatt requested that the Council revisit the issue in six months to see if the City
has received any complaints or if any accidents have occurred.
Cm. Howard felt it would be safer having the bus stop.
Mayor Houston indicated the issue can be revisited at anytime if the City receives any
complaints.
Cm. Burton wanted to confirm that the bus would not be staying at the bus stop for a
long time.
No testimony was entered by any member of the public relative to this issue.
GIn' COUNCIL MINUTES
V"OLUME. 15
RE6ULARM~6
l.YIay 28, 1996
PAGE 247
.
.
.
.
Mayor Houston closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council waived the reading and adopted
ORDINANCE NO. 5 - 96
ESTABLISHING A BUS STOP ON TIlE WESTERLY
SIDE OF VILLAGE PARKWAY
SOurnERLY OFTIIE DRIVEWAY OPPOSITE LEWIS AVENUE
...... .........~...._.._"".+................ .......m.mw
PUBLIC HEARING
RENTAL AVAILABILITY ORDINANCE REPEAL
7:35 p.m. 6.2 (430-20)
Mayor Houston opened the public hearing.
Associate Planner Tasha Huston presented the Staff Report. The Housing Element of
the Dublin General Plan dictates that the City shall require a percentage of units in
large multi-family projects be rented for a specified period of time. The objective is to
"Insure availability of rental units in Dublin." The purpose of the Rental Availability
Ordinance is to provide rental housing in the City of Dublin by requiring that 10% of
the total number of units in all new multi-family projects of more than ten units be
maintained as rental units for a period of five years.
The City Council had asked Staff to report on the status of rental housing availability
in the City and whether the City's Rental Availability Ordinance is still needed to
regulate this condition. At its meeting of March 12, 1996, the City Council
determined that the City's objective regarding rental housing availability is being met
by the housing market and the Rental Availability Ordinance is no longer necessary.
The Planning Commission held a public hearing on the repeal of the Rental
Availability Ordinance and related General Plan Housing Element Amendment at its
May 21, 1996 meeting. The Planning Commission recommended that the City
Council approve a Negative Declaration of Environmental Impact, adopt a General
Plan Housing Element Amendment, and repeal the Rental Availability Ordinance.
No testimony was entered by any member of the public relative to this issue.
Mayor Houston closed the public hearing.
ern:' COUNCIL MINUTES
VOLUME. 15
RE.6ULAR Mf.ETIN6
:M::a:y 28, 1996
PAGE 248
-
On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the
Council waived the reading and INTRODUCED the ordinance repealing Chapter 8.04
of the Dublin Municipal Code known as the Rental Availability Ordinance and .
deferred action on a resolution adopting a negative declaration and approving a
General Plan Text Amendment regarding the repeal of the Rental Availability
Ordinance until the June I I, 1996 Council meeting.
. .+.
PUBLIC HEARING - ADOPTION OF ORDINANCE AMENDING SECTION 2.12.120 OF
TIIE DUBLIN MUNICIPAL CODE AUTIIORIZING REFERRAL OF CUP REVOCATIONS
TO PLANNING COMMISSION
8:41 p.m. 6.3 (420-20)
Mayor Houston opened the public hearing.
Community Development Director Eddie Peabody presented the Staff Report. He
explained that the current Municipal Code needs to be updated so that the
Community Development Director shall have the discretion to refer any
administrative action on Conditional Use Permits, Variances, Site Development
Reviews and parcel maps directly to the Planning Commission. The nonnal appeal
procedures would remain and the Planning Commission decision could still be
appealed to the City Council for final action. This Ordinance was introduced at the
May 14, 1996 meeting of the City Council.
.
No testimony WEJ.S entered by any member of the public relative to this issue.
Mayor Houston closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the
Council waived the reading and adopted
ORDINANCE NO. 8 96
AMENDING SECTION 2.12.120 OF mE DUBLIN MUNICIPAL CODE
. ."--- ~-,+.- '--'".'--
PUBLIC HEARING
INCLUSIONARY ZONING ORDINANCE
8:43 p.m. 6.4 (430-20)
Mayor Houston opened the public hearing.
CITY COUNCIL MINUTES
VOLUME 15
REGULAR MEETING
:M:a.y 28, 1996
PAGE 249
.
.
.
.
Associate Planner Tasha Huston presented the Staff Report. The City of Dublin
General Plan Housing Element and the Eastern Dublin Specific Plan require the City of
Dublin to prepare an Inclusionary Zoning Ordinance. Joint Study Sessions of the City
Council and the Planning Commission were held on February 6 and March 19, 1996.
The draft Ordinance contains the policy direction resulting from these study sessions.
The Planning Commission held a public hearing on the proposed Ordinance at its
May 7, 1996 meeting. The Planning Commission recommends the City Council adopt
the Negative Declaration of Environmental Impact and approve the Ordinance.
The purpose of the proposed Inclusionary Zoning Ordinance is to further the City's
goals of making available an adequate supply of housing for persons of all economic
segments of the community, and contributing to the attainment of this goal by
increasing the production of residential units affordable by households of very low,
low, and moderate income housing. For new residential projects of 20 units or more,
5% of the units must be units which are affordable to very low, low, or moderate
income households. The Inclusionary Unit requirements apply to both rental and
ownership projects. Options for developers to meet their affordable housing
obligations in ways other than on-site construction would be available. Incentives
will be offered to encourage Inclusionary Units to be constructed with the
understanding that no incentives are guaranteed to any projects. The City will use the
Department of Housing and Urban Development data on an annual basis for the
purpose of determining affordability. An Affordable Housing Agreement approved by
the City Manager will be required to demonstrate how a project complies with the
Inclusionary Zoning Ordinance requirements. The Inclusionary Zoning Ordinance
would not replace any provisions of the City's Density Bonus Ordinance or any other
City Ordinances. Administrative Guidelines will be prepared to provide procedural
details and will provide assistance to developers to comply with the Ordinance's
requiremerits.
If development projects do provide Inclusionary units, the City would need to be
actively involved in monitoring or managing some aspects of the project, such as
income qualification screening and financing details. City Staff have met with staff of
the Dublin Housing Authority to discuss administration of the Ordinance. The
Housing Authority staff has proposed an arrangement for consultation services on a
time and materials basis with City Staff overseeing the administration.
Research of other Cities' programs revealed two methods commonly used by Cities to
assist affordable housing development to be waivers and deferrals. When fee waivers
are granted by a City, it is usually considered a project subsidy. When fees are
deferred, the total amount of revenue collected would not change, but the collection
time frame would be affected. When Cities allow deferrals, they usually require that
an agreement be entered into by the developer and City, establishing the terms for
CITY COUNCIL MINUTES
VOLUME 15
REGULAR MEETIN6
:M:ay 28,1996
PAGE 250
payment and method for recovering cost in the event of projects which are not
completed. The proposed Ordinance offers two levels of deferred fees. The first level
could be approved by the City Manager and would apply to project processing fees .
(i.e. planning applications, plan review). The second level would require City Council
approval and would apply to project impact fees (i.e. Public Facilities Fees).
Cm. Burton agreed with the first page with the affect you are trying to do, but he is
very disturbed with the way it has been interpreted in making it a bureaucratic maze.
Vve have got into the what ifs to the extent that it has now become unrealistic in what
is going to happen. He felt we would be asking new people who are going to move
into our town to solve a social problem which is affordable housing. The present
people will not be contributing or participating even though they are the ones who
caused it. He doesn't know if we can solve that. He sees us looking at new people
coming in and paying for affordable housing. Secondly, he felt it was unrealistic for
us to say inc1usionary units shall stay affordable for 30 years. If we had a thousand
homes with inclusionary housing, there is 50 houses. Is the City going to watch it for
40 years. Will we be there when the guy moves or sells? We should try to figure a
nice, simple way. Secondly, he believed most people will pay the fee because they are
not going to put up with this nonsense trying to keep track of something for 30 years.
Then, how much money would the City get and what would we do with it. That
would be another bureaucratic structure that would have to be maintained. He didn't
believe it would be a lot of money and it would not be solving the affordable housing
problem by writing an ordinance like this. He wanted to find a way to attract or .
encourage development so that the market should provide good, affordable starter
homes. The City could throw in their fees because that is the way the City can do it by
having the present people help pay for affordable housing instead of putting it all on
the new people. If we want to have affordable housing, we have got to let the market
do it. We cannot artificially do it with five pages of this and that and which will
discourage anyone from building. He didn't believe the City would get enough money
to help create affordable housing. He would rather the City find ways to encourage
the developer and not make him build the same house. If we restricted resale, then
what about maintenance? He had really thought about it and he can't support it. He
felt there should be changes and be a little more realistic.
Cm. Moffatt indicated Terry Ward was in the audience and could answer questions.
He was more concerned about house renting rather than house buying. He felt we
were getting into a pseudo rent control problem. He asked if the City would be using
HUD scenario? If the City brought in the Housing Authority, would they have this
responsibility to fix these rents and/or monitor them?
Ms. Huston responded the City would use HUD data and then create the formula to
calculate the rent formula levels each year.
CITY' COUNCIL MINUTES
VOLUME 15
REGULAR Mt:ETING
1VXay 28, :I.996
PAGE 251
.
em. Moffatt asked if it was based on the household salary?
.
Ms. Huston indicated any income used to contributing to the household rent was
included except newspaper route income of the kids.
Cm. Moffatt asked about the Section 8 subsidy if it could be applied to the situation.
Ms. Huston responded that the Section 8 subsidy is a separate program in that it is
federally funded. The Ordinance does encourage combinations of programs. Staff
would look into when the administrative guidelines were developed if Section 8
subsidies could be used because she was not sure it was considered a guaranteed
mcome.
Mayor Houston stated how the Ordinance would be administered is in the future.
.
Terry Ward, Northbay Ecumenical Homes, felt it would not be appropriate for him
representing a nonprofit that is in the area of affordable housing to suggest housing
policy or direction to the City. He felt it was a tough problem in every community in
California and across the country. He did have a program that addresses affordable
homeowner housing. It deals with that issue on a market rate basis by providing a
financing program allowing a home to be financed at its fair market value. It does
address some of the questions raise. He believed that would be down the road at a
time the Council decides it does want to go forward. It is a program that is unique in
that it brings funds in from an outside investor, a bank, to match funds with the City.
It helps a responsible renter move into homeownership. He gave the Secretary a
packet with information on the program.
George Zika, 8046 Peppertree Road, indicated that there was an alternative called low
income housing tax credits where you work with the State; you get private companies,
private individuals, and nonprofits involved. The City doesn't get involved. It doesn't
have to administer. If you get the credit by State law, they have to be maintained as
low income for 55 years. You pay one of the nonprofits to run the program for you.
The people who buy the credits get an income tax write-off. Fanny May buys these
credits. Major corporations like Chevron and Pac Bell buy these credits. They also get
a lot of publicity that they are helping low income people in the community. There
are all kinds of options. The City does not necessary have to get involved in the
administration. The only thing they may have to do is put a little seed money to fill
the gap between what the rents will support on the first mortgage, what the credits
\vill support, and what's left on developer costs.
Cm. Burton agreed with Mr. Zika. He felt they were all excellent ideas. But he was
fighting the ordinance and the way it was written. He felt there were things that were
.
CITY COUNCIL MINUTES
V"OLUME. 15
RE6ULAR MEETING
lYIay 28,1996
PAGE 252
completely impractical. He objected to paragraph D on page 5. He believed there
should be no resale restrictions necessary.
.Mr. Zika felt the ordinance provided alternatives.
.
Cm. Burton agreed with .Mr. Zika that the market place is where it should be.
.Mr. Zika stated his kids can not afford to buy a house in Dublin. He paid $25,000 for
his house and it was low income housing when he moved in out here. It is not our
fault inflation went up.
Mayor Houston indicated that the Council was not setting forth how to run the
program so there are many options in the future. The way it is laid out, in the
beginning the City has nothing to do because there won't be any money.
Cm. Burton stated that we have people that are coming in the door now. They are
making their decisions right now.
Ms. Huston explained that restrictions may be necessary to prevent speculation.
Mayor Houston indicated that right now we did not know what the implementations
are, whether to build a unit and sell it or to give low interest loans. The City has not
come up with the vehicle. It remains to be seen how it will be done.
.
Pat Cashman, Alameda County Surplus Property Authority Manager, stated the
ordinance as proposed does have many options. He felt it was a very good start. He
questioned partial credit. Kaufman & Broad will provide 10 % to 20% of units that are
affordable by design. He was not clear if they would get any credit for it since they
would be providirig a large pool for affordable housing by market design. Will they
get any partial credit for it?
Cm. Burton asked if they could bank it and take it somewhere else?
.M.ayor Houston thought that the last time Council had discussed this, it was decided
that whatever you provide, you would get credit for. There were a variety of things
that could be done. One of the things specifically was you would get credit for
whatever you do on site. Is there a place in the Ordinance that talks about that or
does it need to be cleaned up?
Ms. Huston responded that it was not specifically mentioned what the arrangement
would be on partial credit partially because it was something that was seen as a detail
that would be addressed in the affordable housing agreement that is required for
every individual project. It is expected that a wide range of options might be used
ern" COUNCIL MINlITES
VOLUME. 15
REGULAR MEETINEi
1YIa;y 28, 1996
PAGE 253
.
.
.
.
when a developer wants to provide some of the affordable units but not all. Rather
than try to address all those situations, Staff felt it could be handled in the
administrative guidelines that will be developed. There is a section that speaks to
credit transfers on page 9. It doesn't specify every single situation where transfers
would be used, but it does mention that they are available.
Mayor Houston asked that at least a line be put in the Ordinance that specifies that
because he thinks that will come up more often than some of the more creative ideas.
He will leave it up to Staff to find where the appropriate paragraph is put. He asked if
that was agreeable to everyone.
Mr. Cashman responded yes. 'l11e comment means that it will still need to be worked
out, but clearly the spirit from the Council and Staff is that it will be. He appreciated
that clarification.
Ms. Huston responded her initial recommendation would be page 9 under the In-Lieu
Fee Option, a sentence could be added at the end stating that if a portion of the
required affordable units is constrncted on site, the in -lieu fee would be reduced by
the percentage of units provided.
!v1.ayor Houston closed the public hearing.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by consensus vote (Cm.
Burton voted no), the Council waived the reading and INTRODUCED the ordinance
with the change identified on page 9 under Section 8.24.080 B that would provide
partial credit for those units that are built and deferred action on the resolution
adopting a negative declaration for the inclusionary zoning ordinance and
establishing method for de~ermining amount of in-lieu fee until the June 11, 1996
Council meeting.
Cm. Burton asked Cm. Moffatt if he believed the life on the inclusionary unit should
be 30 years.
Cm. Moffatt responded yes. He saw this back in New York and without these
restrictions, New York was in such a bind and such a fix that people were coming in
there and buying the units at a discount and then turning around and selling them.
'l11e only person that was losing was New York City itself. He felt these restrictions are
necessary .
Cm. Burton stated unless there was public money involved, the City had no business
in it.
ern' COUNCIL MINUTES
V"OLUME. 15
REGULAR ME.ErIN6
:M:a.y 28, ~996
PAGE 254
-
Mayor Houston really believed that the City hasn't identified how 'it is going to be
implemented which he believes is the more important part. This is a step which
outlines many options and there is more that hasn't even been thought of, but that .
will be at the crucial time. He is excited about the possibility of having this as a
vehicle for senior housing since we have none in our City. He is going to support it
and how it is implemented will be the key. He called for the question.
The vote was 4 - 1 with Cm. Burton voting no.
..mm ._m..+.
PUBLIC HEARING - CALIFORNIA CREEKSIDE PLANNED DEVELOPMENT AND
DEVELOPMENT AGREEMENT
9: 17 p.m. 6.5 600-60
Mayor Houston opened the public hearing.
Senior Planner Dennis Carrington presented the Staff Report. The City Council
introduced the ordinances approving a PD Rezone and Development Agreement for
California Creekside at its meeting of May 14, 1996. Minor changes have been made
by the City Attorney to the Development Agreement in regard to indemnification and
waiver of protest. The changes to the indemnification paragraph make the intent of
the paragraph clearer. The changes to the landscaping maintenance along streets and
creek paragraph clarify that the County or developer will assure that the purchasers .
of individual lots will pay for their proportionate share of maintenance costs for trails
and public street and creek landscaping within the Santa Rita property.
Cm. Moffatt asked when the property had been annexed to the City.
Mr. Carrington responded in 1986.
Steve Hicks of Kaufman & Broad indicated that his company concurred with the
minor revisions and he urged the Council to pass the ordinances and resolution.
Mayor Houston closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council adopted
RESOLlITION NO. 55 - 96
APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR
A PLANNED DEVELOPMENT (PD) REZONING CONCERNING
PA 95-048, CALIFORNIA CREEKSIDE .
CITI' COUNCIL MINUTES
VOLUME. 15
RE6ULAR MElITIN6
M:a;y 28, 1996
PAGE 255
.
and waived the reading and adopted
ORDINANCE NO. 9 - 96
AMENDING lHE ZONING ORDINANCE TO PERMIT TIlE
REZONING OF PROPERlY LOCATED NORTIl OF DUBLIN BOULEVARD,
WEST OF TASSA]ARA CREEK, som OF TIlE TRANSIT SPINE AND EAST OF AN
UNNAMED COLLECTOR STREET ( APN 946-15-1-10 POR)
and waived the reading and adopted
ORDINANCE NO. 10 - 96
APPROVING THE DEVELOPMENT AGREEMENT
FOR P A 95-048, CALIFORNIA CREEKSIDE
,+.m mm.' ..~
.
PUBLIC HEARING - AMENDMENT OF DUBLIN MUNICIPAL CODE CHAITER 2.28
RELATINGTOCAMPMGNCO~BUTION
9:20 p.m. 6.6 (630-40)
Mayor Houston opened the public hearing.
City Attorney Elizabeth Silver gave the Staff presentation. At the May 14, 1996
Council meeting, the Council directed Staff to prepare an ordinance that included
1) an election period to commence 1-Z() days prior to and following an election;
2) a $300 limit on contributions; 3) a declaration under penalty of perjury that the
candidate has not collected more than $300; 4) campaign statements shall itemize any
amount over $25.01; 5) contributions can only be accepted during an election period;
and 6) if any part of the ordinance is held invalid, the remainder shall not be affected.
The City's existing Campaign Contributions Ordinance limits contributions made
"with respect to an election." Federal law, which has been upheld by the courts,
limits contributions "with respect to an election" whereas State law, which limited
contributions per fiscal year, has been held to violate the First Amendment. The draft
ordinance eliminates the phrase "with respect to an election" and reverts to the
concept of an "election period."
The current ordinance limits contributions for both the office of Mayor and the office
of CounciImembers to $1,000 ''with respect to an election." The draft ordinance
would impose a $300 limitation for both offices. No contributions would be allowed
. except during the period 120 days prior to the election and 120 days following the
ern' COUNCIL MlNlITES
VOLUME. 15
REGULAR MELTING
1VIay 28, ::1.996
PAGE 256
election. For this next municipal election that will be held on November 5, 1996, the
contribution period would be July 18, 1996 to April 5, 1997. By State law, a
candidate can take out nomination papers and officially declare his or her intent to .
run for office on July 15, 1996. A candidate could also complete a form (Statement of
Intention) stating the intention to run for future office at any time which allows
receipt of campaign contributions for that future designated office. If the draft
ordinance is adopted, it will apply prospectively only. If an individual has received
money prior to the new ordinance taking effect, there is no requirement that such
monies be returned and no violation of the Municipal Code has occurred. The change
in dollar limitation from $1,000 to $300 will impact the reporting requirements for
the November 1996 election.
The current ordinance relies on State law for reporting requirements which requires
candidates to report amounts received in excess of $100 from any contributor. The
proposed ordinance would require candidates for City office to report amounts
received in excess of $25.
The City's existing Campaign Contributions ordinance limits contributions to $1,000
"with respect to an election." The proposed ordinance would prohibit candidates
from accepting contributions except during the 120 days prior to and following an
election. The Court of Appeal has struck down a campaign limitation law that
restricted campaign contributions to fiscal years rather than election periods on the
grounds that the law would operate to benefit incumbents over challengers. Staff
recommends that the Council retain the definition of "with respect to an election"
which would allow contributions during the entire time prior to an election.
.
The draft ordinance can be introduced at this meeting and take effect immediately
after adoption if the Council so designates because it rel~tes to an election.
Staff provided two draft ordinances to be considered. The alternate version (Exhibit
6) of the draft ordinance incorporates the Staff recommendations which are to retain
the phase as pertains to an election and not to include the prohibition of contributions
outside of that 120 day period.
Cm. Moffatt asked about the second draft ordinance where there is no election period
other than the period when you are elected and when you might be re-elected. His
concern was could any citizen sign a 501 form and indicate that they are going to be
running for an office in the future and then be able to start collecting money?
Ms. Silver responded that anyone who meets the qualifications may file a 501
statement of intention to run for office. Under State law that is what someone has to
file in order to accept contributions. Under the current Ordinance, an individual
cannot accept more than $1,000 for City Council from one individual with respect to
CIn" COUNCIL MINUTES
VOLUME 15
RE.6ULAR MEETING
1Y..I:ay.28, 1996
PAGE 257
.
an election. If someone decides he wants to run for City Council in 1998, he can
begin collecting money up to $1,000 and not violate this ordinance.
.
Cm. Moffatt was concerned that an individual could collect money and utilize the
money to put their name before the public. They could buy a new suit and take
people to parties or the theater or hold dinners. It becomes a campaign expense, but
he never files. He was concerned about how the money was spent.
Mayor Houston stated that FPPC requires that an individual has to file expenditure
reports and every expenditure over $100 must be disclosed.
Cm. Moffatt wanted to have any expenditure over $25 be disclosed.
Ms. Silver indicated that was a different issue. Campaign expenditures cannot be
prohibited.
Cm. Moffatt stated since it was a different issue, he would drop it. He also wanted the
original draft rather than the alternate draft.
Cm. Barnes indicated she was trying to understand that there would be a problem
with the 120 days.
.
Ms. Silver responded that if challenged, it would be less defensible in court than using
the phase "with respect to an election."
Cm. Barnes asked if an election meant a whole two years or four years.
Ms. Silver agreed that was right. If you use the election period whatever the election
period of time is and you prohibit contributions outside that election period, you place
a graver restraint on an individual's ability to exercise his first amendment rights of
freedom of expression by contributing to a potential candidate for office. The courts
will uphold restraints on first amendment activities if the least intrusive way to
achieve the government's goal is used. It is her opinion based on the cases that the
least intrusive way to achieve the governmental interest is to place a dollar limitation
over the entire period of time rather than saying to potential contributors and to
candidates that you can only receive contributions during a limited period of time.
That would be a more intrusive means on the first amendment rights.
Cm. Moffatt felt a candidate was not a candidate until the individual files. If an
individual doesn't file, then he cannot collect money, but you are telling me he can
collect money.
.
ern' COUNCD. MINUTES
VOLUME 15
REGULAR MEETING
J.VI:a.y 2B~ 1996
PAGE 258
Ms. Silver responded that the City ordinance says you can't collectniore than a certain
amount.
Cm. Moffatt wanted to focus on the word "candidate". A candidate as the City sees it .
is an individual who has taken papers out and qualified as a candidate for an election.
He asked if that was a true statement.
Ms. Silver responded that the ordinance incorporates the definitions from the
Government Code so the phase "candidate" would be defined in the Fair Political
Practices Act.
Cm. Moffatt asked what that meant.
Mayor Houston responded when the 501 or 502 is filed.
Ms. Silver agreed.
Cm. Moffatt expressed concern that someone could say they were a candidate and
never run. They would just be trying to further their own image.
Ms. Silver explained that State law says what a person can do with the funds that are
collected especially if he decides not to run for office.
Cm. Burton felt we had a pretty good law right now and he was tired of filling out the .
forms that they had now.
Cm. Moffatt wanted to make a level playing ground as far as incumbents versus new
people who want to run.
Mayor Houston indicated if there is money left over there are vehicles and ways that
the funds have to be disbursed. The 501 is public record that is filed with the City
Clerk.
Cm. Howard asked to be a candidate someone would have to file a 501 so they can
start collecting money. If someone is in office, would they also have to file the 501 to
collect money.
Ms. Silver responded that incumbents are not treated any differently.
Cm. Howard asked if within that 4 year period someone could not collect over
$1,000.
em COUNCIL MINUTES
VOLUME. 15
REGULAR MUTIN6
lV.I:a:y28, :1996
PAGE 259
.
1\15. Silver answered that under the current law an individual cannol collect over
$1,000 during that period. Under the proposed ordinance, you couldn't collect any
. money except 120 days before and 120 days after the election.
Cm. Moffatt asked about the 490 forms that have to be reported every six months,
how would you report it because you would have to be an incumbent, or leaving
office.
.
.
I\1ayor Houston stated if you run for an office and lose, you still have reporting
requirements. You don't have to be an incumbent. If you raise funds and expend
funds, you have an obligation to fill out the forms whether you are in office or not.
Cm. Moffatt asked what would happen if you collect funds but never run for office.
1\1ayor Houston responded that FPPC would come down really hard on you much
more than the City of Dublin ever will. Those are obligations that are taken very
seriously at the State level. FPPC fines and regulates for violations.
Ms. Silver indicated the State law does require that you must report contributions over
$100, you must report expenditures, and you can only use monies for certain
purposes. If you have money left over, there are certain things you can do with it.
Janet Lockhart, 7840 Creekside Drive, indicated as a long time observer of the City
Council, it was her recollection that there are four members sitting on the City
Council when the decision was made to go to the $1,000 limit. Now you are in a
position where your name is out there where you have that avenue to the public, the
avenue of the press and doing telethons, now you are concerned with what others
might be doing. So if you are tallang about leveling the plaYing field and doing
something that is fair to everybody, seriously consider not limiting the time'period.
She felt the people in this community are wise enough to understand who is running
and what platforms they are running on and why. She feels they are wise enough to
make the decisions at the polls. Obviously the $1,000 limit and time period you have
now works. It worked for you so it should certainly work for others.
Jo1m Wagner, 8342 Mulberry Place, felt he was hearing arguments this time that had
nothing to do with the 120 days or the $300 limit. He has been hearing about what if
someone files and suddenly takes the money and runs. With the 120 days limit,
someone that wanted to run in 1998 couldn't collect any money until July. By the
time you got the money and mount a campaign, the election is over. He felt it was
basically a reelection for the incumbent. The incumbent has the big advantage. He
has the name recognition. He felt it was a bad deal for the newcomer to come in and
try to overcome this. He doesn't see anyone just setting up a campaign committee to
go out and party with his friends. People who are goingto contribute money are
ern' COUNCIL MINUTES
V"OLUME 15
REGULAR MEETING
1VI:ay 28, 1996
PAGE 260
generally pretty careful in how they are going to contribute it. As Jar as the $25
thing, he didn't think you could buy anyone for $25. He didn't believe the law needed
any changing in this particular area.
.
Steve Lockhart, 7840 Creekside Drive, indicated that it just occurred to him the
incumbents have had the last two to four years to be raising funds at one level and
trying to institute a law that prohibits any newcomers from raising money. Four years
of fund raising can be kept by the incumbents, but the newcomers don't get to. That
stinks .
Mayor Houston closed the public hearing.
Cm. Burton indicated an interesting point was brought up. Within 120 days, you
have to order signs, order your literature, and you have to have the money to pay
them up front because they don't trust politicians. So you have a question of how you
raise the money in 120 days. You will need probably $2,000 to $3,000 as a minimum
because the mailing is that much. You can do that in the first 30 days so that you
have another 30 days to get them distributed and then you have 20 more days to visit
before the election. That is pretty tough to do especially for someone that is starting
from scratch.
Cm. Moffatt stated that em. Burton had originally done that when he had first run
after incorporation.
Cm. Burton felt not everyone could run for $400.
.
Cm. Barnes indicated she had spent $500 and she had done it in that amount of time.
Cm. Burton stated both Cm. Barnes and Crtt. Howard were unique.
Cm. Barnes indicated that she was bothered by the fact that 120 days cannot be used.
She would really have loved to see it stay at the 120 days, but it did bother her about
the three day problem. She would like to leave it at $300 and $25 and do the election
period. With all the telephone calls she has received and the comments she has had
from people, they like the 120 days. They did not like the four year election period.
They thought they really wanted candidates that were going to sit in this office and
work and not worry about running again. She felt that was the basic concept.
Mayor Houston asked what the 3 day thing was.
Cm. Barnes responded because of the date the election is held and the date you can
file, the 120 days would have meant you could file on the 15th, but you couldn't
CITY COUNCIL MINUTES
VOLUME 15
REGULAR MEETING
IYI:a.y 28, 1996
PAGE 261
.
.
.
.
collect for 3 days. 1hat will change every election, because you can-technically vote
as early as November Z, the first Tuesday after the first Monday.
Mayor Houston asked for those that were here in the beginning, what was the logic of
having the election period with how many days after the election.
Ms. Silver indicated in 1984 the election period was 58 days following the close of the
election until the fifth day before an election. So the election period was almost four
years long, but it excluded the period five days before the election and 58 days after
the election.
Mayor Houston didn't understand how you could exclude the actual election day
from the election period.
Cm. Barnes thought it could have been five days before because they didn't want
someone to receive money the last five days.
Mr. Ambrose explained it was the last minute major contributions that don't show up
on your reporting statement. 1hat was the issue.
Cm. Barnes commented that she didn't understand the 58 days afterward because
someone could be in debt.
On motion of Cm. Barnes, seconded by Cm. Howard, and by consensus vote (Mayor
Houston & Cm. Burton voted no), the Council waived the reading and INTRODUCED
an ordinance in the form of Exhibit 6 amending Chapter 2.28 of the Dublin
Municipal Code relating to campaign contribution limitations for elections.
Cm. Burton felt it was a dam nuisance to have to list $25.
....'" .. mmmm""'" .......".,..,+ ,. 'm""_"''''' ..." ""m' ".. .,
A Break was called from 9:58 p.m. until 1 0:05 p.m.
TERM LIMITS
10:05 p.m. 7.1 (610-20)
City Attorney Elizabeth Silver presented the Staff Report. At the April 23 and May 14
Council meetings, the City Council considered whether to place an initiative measure
on the ballot to impose term limits for the offices of Mayor and Councilmember as
authorized by Government Code Section 36502. The Council directed the City
Attorney to prepare the language for a ballot initiative which would limit
CIn' COUNCIL MINUTES
VOLUME 15
RE,6ULAR MEETING
IVI:ay 28, ~99G
PAGE 262
Councilmembers and the Mayor to eight consecutive years in office:. The measure
would not prevent persons from serving as Councilmembers or the Mayor after a
lapse of at least one term. The measure would define a "term" as two years and a day.
for Councilmember and one year and a day for Mayor. A person could serve anyone
of five combinations of office and after a break in service, could again serve on the
Council for any of the five combinations.
TIle ordinance may not be applicable to persons elected on November 6, 1996. In
accordance with Elections Code Section 9217, the ordinance would not be effective
until ten days after the date the vote is declared by the City Council. Government
Code Section 36502 provides that any proposal which imposes term limits shall be
prospective only. In other words, the ordinance and the limit on the number of terms
will apply to persons who are sworn into office after the ordinance becomes effective.
TI1US, if Councilmember A is elected on November 6, 1996 and is sworn into office on
the date the election results for the initiative are certified, she will not be subject to the
term limits. But if Councilmember B is not sworn in until after the ordinance becomes
effective, he will be subject to the ordinance's term limits. Prior service on the
Council would not count towards the term limits.
An ordinance enacted by the people can be amended only by the people unless the
initiative ordinance states that it can be amended by the Council. As drafted, the
ordinance could only be amended by the people.
Cm. Burton questioned if it is voted by the people, it has to be changed by the people, .
but yet it said the Council could add something. Does that make it an advisory
election?
.-
Mr. Silver responded no. If any initiative can only be amended by the people since an
initiative is an ordinance that is adopted by the people and it can only be amended by
the people unless the text of the ordinance that the people adopt says this ordinance
can be amended by the City Council by 3/5 vote or 4/5 vote or can be amended by
City Council after two years or five years. Language could be put into the proposed
ordinance that says that the City Council can amend this ordinance. If you don't put
that language in, it can only be amended by the people.
CITI. Burton felt it was probably a good safety measure, maybe a 4/5 vote. He asked if
it could be changed tonight without going through another hearing. Was it a
significant change?
Ms. Silver indicated it was within the language of the agenda.
Cm. Burton stated the Council should leave that option open for the future to
eliminate the hassle.
ern' COUNCIL. MINUTES
VOLUME. 15
REGULAR MEETING
lVXay 28, 1996
PAGE 263
.
.
lvlayor Houston felt if you wanted to pass it, then the Council should just vote on it
tonight as an ordinance and pass it and not have a vote of the people. If you want to
have a vote of the people, then let's not water it down.
Cm. Moffatt agreed with Mayor Houston if the people are going to vote it in, let them
be the ones to change it.
Cm. Burton felt it was an option that sounded pretty good.
Mayor Houston indicated it was not a public hearing item, but there was one person
who wished to speak.
John Wagner, 8342 Mulberry Place, asked the Council to pass the resolution as it is
presented. He felt the people should have the right to vote on it and he had faith in
the people of this City and this Country. He thought they would make the wise
decision. He felt it was a fair way to encourage people to run for office. They feel that
they can't run against so and so because he has been in there so long. I have to get my
name out there. Suddenly there is an open seat and an opportunity to get new blood
in the organization. He favored the way it is written noW.
..
Mayor Houston wanted to have this put on the ballot in this format and not have it so
that the Council could change it at a later date. The limitation we have to work with
being in effect for this election, he felt would be up to the individual that was elected
at that time whether they wanted to forego the will of the people or not, but they do
have that right to be sworn in within that 10 day period. They can make that
personal decision themselves, but he was very happy with the Staff Report.
Cm. Barnes stated she was opposed to term limits because she felt they do take away
from her right to vote, but from the tone of the telephone calls she has received and
the people she has asked, she was going to go ahead and have it put on the ballot just
for the idea that the people should decide. Once and for all put this to bed. Because
she personally felt it was taking away somebody's right to vote, but in order for her to
say she was opposed to it and not allow them to say it, she felt was sending a bad
message.
Cm. Moffatt felt the same as Cm. Barnes in that he is against term limits for the same
reason, but he felt the people have a right to vote on the situation. When you come
down to local government, the folks that live in the City, they are the ones who really
make the decision. He would be in favor of this motion to allow the people to vote on
it although as a personal opinion, he is opposed to term limits.
.
ern' COUNCIL MINUTES
VOLUME 15
REGULAR MEETIN6
lVLa:y 28, 1996
PAGE 264
Cm. Howard indicated she did not mind it being on the ballot at ail. - She did have a
problem with the wording of putting the Council and Mayor's seat together. She felt
running for the Council for eight years, a person should be able to run for Mayor if .
they wanted to. She would vote for it if that wording was changed so that the Council
seat and Mayor seat are separate.
Mayor Houston called for the question.
On motion of Mayor Houston, seconded by Cm. Burton, and by consensus vote (Cm.
Howard voted no), the Council directed the City Clerk to return at the Council's first
meeting in July with the appropriate resolution submitting the initiative ordinance
(Exhibit 6) to the voters, consolidating the municipal election with the statewide
election and taking other actions related thereto, such as ballot arguments and
impartial analysis.
. .mmm.+. . .om. .. .mm
REPORT ON ALAMILLA SPRING - SAN RAMON ROAD NEAR DUBLIN BOULEVARD
10:18 p.m. 8.2 (530-20)
Public Works Director Lee Thompson presented the Staff Report. At the City Council
meeting of May 14, 1996, the City Council requested a report on the spring
ownership at the historical Alamilla Spring by the Springs Apartments, the condition
of the spring, and the maintenance responsibility.
.
The ownership and maintenance responsibility lies with the owner of the Springs
Apartments. When the Springs Apartment were built under the County jurisdiction,
the spring was required to be saved as a historical landmark. The bright green
surface of the spring is made up of a plant called Duck Weed (Lemna) which is a
floating, flowering, broadleaf aquatic plant. It resembles algae but does not give off
an offensive odor and is not slimy like algae. This plant grows on cahn fresh water
and probably helps to keep the temperature of the spring low, which deters algae
growth.
Since the spring is not visible from a public street, the property maintenance
ordinance would not apply. Staff met with Neva Spears, the Springs property
manager and was informed that the Springs maintenance staff periodically removes
the trash that builds up from the public using this area. The Springs staff will be
removing some dead trees in the near future and will remove the existing downed
branches from the spring.
Cm. Moffatt indicated walking along the trail the area looks pretty dilapidated.
CIn' COUNCIL. MINUTES
VOLUME 15
REGULAR MUTING
l.YIay 28, 1996
PAGE 265
.
.
.
.
Cm. Burton stated that duck weed is natural and is good cattle feed:
Cm. Moffatt recommended that the Historical group get involved and they may help
the landowner keep the area clean and maintained. He indicated he was not talking
about the DHP A, he was thinking more about the historical committee that the City
has. Maybe there could be a fund raiser to help. He wanted to get more people
involved. He was satisfied with the report
Mayor Houston suggested that the report be passed on to the Heritage Committee and
they can look at it and they could determine what might be done.
.....+.. .
OTHER BUSINESS
Fire Issue to be addressed at San Ramon Council Meeting 510 -(,0
Mr. Ambrose passed out a staff report from the City of San Ramon that was received
that afternoon. The City of San Ramon would be considering the fire issue that
evening. He understood not all the Councilmembers would be at the meeting so a
decision may not be made. This item could be coming back to our Council in the
future.
Cm. Howard asked who was not there.
Mr. Ambrose responded it was his understanding that Hermann Wehn would not be
at the meeting.
~^'. .
~.+.. ---
'-
Tri-Vallev Council meeting 1'10- So
Mr. Ambrose announced the Tri-Valley Council meeting was established for June
19th at 6:30 p.m., at Frankie, Johnnie, & Luigi Too. We have heard from Livermore
and Pleasanton that they have a conflict so two of their Councilmembers would not be
able to attend and so does the Mayor of Danville. But we have stuck with that date
because that was the date that was agreed upon at the last Tri-Valley Council meeting.
..,+
ern:" COUNCIL MINUTES
VOLUM.E 15
REGULAR MEETING
:M:ay 28, 1996
PAGE 266
Problems with Landscaping. Weeds & General Appearance around Dublin 5.:0-2..0
.
Cm. Howard agreed with some of the speakers earlier in regard to the landscaping.
She has noticed weeds coming up along Village Parkway.
Mr. Ambrose indicated that an invasion of Dallas grass has struck the medians along
Village Parkway. It is a major infestation that kills the other grass. Maintenance tried
to kill them with chemicals, but the recent rains made the chemicals ineffective.
Cm. Howard feels Dublin looks real tacky with the weeds coming up out of the bricks.
There was a tree limb that has been down on San Ramon Road since Friday morning
and it is still there today.
Mr. Thompson responded that it belonged to the shopping center. It did fall in the
street and maintenance put it in the shopping center.
Cm. Howard asked why we couldn't just pick it up.
Mr. Thompson indicated that maintenance had done a chemical kill about a month
ago, but then we got the late rain again. They just got another purchase order to
spray it today.
Cm. Howard wondered how Pleasanton looks so good. Do they spend more money?
Or do they have a better company?
.
Mayor Houston indicated since there was an emphasis on the Council and with some
citizens to have Staff report back and emphasize in the next 30 days to see what can
.. be done to get MCE going. ~.
Mr. Thompson stated that the median that was on Silvergate has been on the Council's
5 year Capitallmprovement Program for a lot of years. It has been referred to as
"Hegarty's Garden."
Cm. Howard asked about the part of Silvergate that is down by San Ramon Road.
Mr. Ambrose indicated it was part of the same project.
Cm. Howard asked if it was just a matter of getting water in there.
Mr. Ambrose responded that it depended upon the kind of approach the Council
wanted to take. If we went with the paved brick, you won't have any need for the
CITI' COUNCIL MINUTES
V"OLUME 15
REGULAR MEETING
1Y.I:ay 28, 1996
PAGE 267
.
.
$7,000 water connection from DSRSD and Zone 7. Or you could go with water and
irrigated. It depended upon the type of approach the Council wanted to take.
Mayor Houston stated that the olive trees were brutal. He requested that Staff bring
back a report in the next 30 days.
Iv1r. Ambrose indicated the Council would have a report at budget time.
Mayor Houston wanted an update regardless of the budget time.
Cm. Barnes stated she has always loved the paved bricks, but now she is concerned
that maybe we should make them solid. Now concrete can be stamped to look like
anything you want it to. She wanted Staff to look at new innovative ways. She
wanted to remind the Council that Dougherty Road is part of Dublin and it is an
entrance to Dublin. It is tacky as all heck. It looks worst now because one side has
been fixed, but the median looks scuzzy. We should start looking at doing something
for Dougherty Road.
Iv1r. Thompson indicated there was a project to widen Doughtery Road along the
southbound lanes. It should get going in a month or so, but they are behind right
now. They should be starting on it right after the fiscal year. The median will come
out and be paved so there will be a wider lane southbound.
.
Iv1r. Ambrose stated there would not be a beautified median.
Iv1r. Thompson explained it would not be landscaped, but it will not be dirt either.
Iv1r. Ambrose indicated there eventually needed to be six lanes along Dougherty Road
so you don't want to put in a median in the middle of a four lane road and then have
to come back and tear it out. If you improved it, it would be a throwaway.
Cm. Barnes just wanted it to look a little bit better since it was an entrance.
.. .- ---.- +- .---.-.,..--.---
Tri - Valley Dinner /40"" 80
Cm. Barnes indicated she was really upset about June 19th and the Tri - Valley Council
Dumer. She is really upset about meeting at Frankie, Johnnie, Luigi Too because that
is not a way of hosting our guests, it is not us hosting it. Now she finds out the guests
are not coming. She is really ticked off. Now, Livennore and Pleasanton won't be
there.
.
C1T'l COUNCIL MINUTES
V"OLUME. 15
RE.GULAR MUTING
lYIay 28, 1996
PAGE 268
Mr. Ambrose explained that two of the City Councilmembers of Pleasanton and
Livennore are also members of LA VWMA which will be holding a meeting that night.
Because one of the representatives from each City happens to be their Mayor, they .
would like to have us change the date of our meeting.
Mayor Houston indicated there would never be a perfect time for 25 people to all get
together so we will keep the June 19th date.
Cm. Howard was disappointed in the Mayors' Conference that was held at Frankie,
Johnnie, Luigi Too. She was shocked that there was no coffee or dessert served.
Mayor Houston explained that we got what we paid for. We didn't pay for dessert so
we didn't get dessert. He liked that room because it was a good size room for that size
of a group. He liked being down there.
Cm. Barnes agreed to leave the date for June 19th at Frankie Johnnie Luigi Too, but
there will be dessert and coffee.
Mayor Houston indicated the Council would work with Kay and get the coffee and
dessert.
mm .mm.+.
Iron Horse Trail 9$0 ... 30
Cm. Moffatt asked about the Iron Horse Trail at Alcosta and Fircrest Lane. Evidently,
the City of San Ramon is allowing a storage area to go in there. He was curious as to
whether the 50 foot !ight-of-way would still be there. Would it stop the Iron Horse
Trail ?
.
Mr. Ambrose responded that San Ramon may relocate the Iron Horse Trail through
another segment from just north of the County line to Alcosta.
~. +...... . '-
Staples Ranch Development Lf;({)-SO
Cm. Moffatt announced that Pleasanton was going to start building and developing
Staples Ranch so they have reduced acres to 40 acres redesigning it to commercial!
retail. The assumption is that they will be putting in housing or a 33 acres sports
park. This is right at EI Charro Road which will impact Fallon Road in the City of
ern' COUNCIL MINUTES
VOLUME. 15
REGULAR MEETING
:M::a.y 28, 1996
PAGE 269
.
.
.
.
Dublin. They are asking for comments. He would like to see the impact on the traffic.
Will it allow us to start developing out there faster or slower?
Mr. Ambrose explained that the General Plan Amendment is already a done deal.
.+..
Calendar Items (, I 0 - 05
Cm. Burton asked if there was anything on May 29th for DSRSD? He confirmed that
on June 6th there was the dedication of a new building at the Lab. There is a meeting
on June Srd for the Livermore Amador Valley Transit Authority representatives.
..... ... ...~..~.m..m'_ .+. _ ......''''.. "...,.m ^--"
mJOURNMENT
11.1
There being no further business to come before the Council, the meeting was
adjourned at 10:40 p.m.
,m ..mm.,+...mu..
Minutes prepared by Sandie Hart, Secretary.
Mayor
A TIEST:
City Clerk
.m~. ..... "m.__.+..
ern' COUNCIL MINUTES
VOLUM.E 15
REGULAR M.EErlNG
l.Y.I:ay 28, ~99G
PAGE 270