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HomeMy WebLinkAbout4.01 Draft Minutes 01-21-1997 It r:.~ i .:. ':.. .:. 'J REGULAR MEETING - January 21, 1997 A regular meeting of the Dublin City Council was held on Tuesday, January 21, 1997, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:07 p.m., by Mayor Houston. ............................+. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Lockhart 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. .n.n______n__.......+.___ INTRODUCTION OF NEW EMPLOYEE' 7:08 p.m. 3.1 (700-10) Community Development Director Peabody introduced Terry Gubera, who began her employment with the City a cou pIe of weeks ago. Terry is an Office Assistant II in the Planning Department. ................~.... PROCLAMATION TO FORMER POLICE CHIEF JIM ROSE 7:09 p.m. 3.2 (610-50) Mayor Houston read a proclamation expressing the City's sincere appreciation for the time and effort expended by Captain Jim Rose in serving the needs of our community and wishing him well in his new assignment with the Sheriffs Department. Mayor Houston advised that the Proclamation will be presented to Jim at a farewell dinner to be held at the Shannon Center on January 24. ....--.----------.~.-- Neig:hborhood Parking: Complaints (570-30) Wayne 11asten, 4235 Hayford, Pleasanton, stated since 1978 he has had a home at 8645 Ardmore Court and there is a problem with limited parking in the court. One person on the court has several automobiles and children often run out between the cars and have come very close to getting run over. He has contacted the Police CITY COUNCIL MlNUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 22 4.1 ITEM NO. If r~' 1.. Department to try to get something done. They use a musical chairs type of thing to get around the 24 hour limit. The Police Department has tried to do something about this, but it doesn't work. One guy works on appliances and the place is just plugged up. He asked that the City Council try to get this resolved. Talking to people just doesn't work. The people have too many vehicles. There ought to be some limit to the number of cars people can park on the street. .. Mr. Ambrose stated the limit is 72 hours which cars can be parked legally on the street and on a number of courts in town, this has proven to be a problem. Currently our ordinance does not preclude the legal parking of cars with the exception that they can't remain in the same location more than 72 hours. They have to be operable and licensed, etc. .---_._......_._-------_._._~,.. Hansen Hill Development (600-60) Cm. Burton commended the Hansen Hill project people for filling in and redoing the gravel on Silvergate Drive. They chose different ways of filling in the space and it looks very nice. Everybody seems to be pleased. .............----------.......-- Bingo Back In Dublin (950-40) .: Lee Carpenter, representing the DHS Band Boosters stated Bingo is now back in Dublin at the Senior Center and he thanked everyone for making this possible. An appreciation plaque was presented to the Mayor and City Council. -------.......+.-------.-......... CONSENT CALENDAR 7:16 p.m. On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of January 7, 1997; Received (4.2 290-30) a Report related to the Mape Memorial Park Renovation/ Dedication; Accepted (4.4 600-30) improvements constructed under Contract 96-06, San Ramon Road Drainage Improvement Project; CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 23 . . . . Received (4.6 320-30) the City Treasurer's Investment Report for the 2nd Qualier of FY 1996-97; Approved (4.7 300-40) the Warrant Register in the amount of $586,981.88. Cm. Howard pulled Item 4.3 from the Consent Calendar and requested an update on tlIe banners. Some of the people who don't have storefronts put 'now hiring" signs on their windows and they are now receiving leffers saying these are illegal Mr. Peabody stated they are not looking at Ivindow signs. Theyare dealing with long tenn banners sitting outside businesses. 71Iere are a lot that have been up for a long time. These need permits. A10st of the ones they are seeing have been up for a ve.zy long pen'od of time. On motion of Cm. Howard, seconded by Cm. Barnes, and by unanimous vote the City Council received (4.3 530-20) a Report related to the Banner Compliance Program. Cm. Burian pulled Item 4.5 from tlIe Consent Calendar and asked for more information about this. He wanted to know if this is going to become a new process and how many and how complicated it W11l be. 71Iey have to go and fix them and replace batteries. l-Vhat if we have a dozen companies that come and want to do the same thing - wI11 this be a problem? AIr. Rankin stated the Cities of Dublin, Pleasanton and San Rllmon will be looking at franchise issues and we need to treat different modes of providers as well as provide everyone the same access. This particular group anticipates using approximately 30 poles and we have about 1,000 in town. Staff feels and it has been expressed that we are a weak link in their area. The tenns of the agreement provides the City with some compensation. Pleasanton has many up in operation and they are about the size of a shoe box. Cm. Burton asked how people will know it's on tlIe pole. Chnstopher Sinclair with A1etricom explained that they are about the size of a 5 lb box of See's Candy. Theyattach directly. They are not batte.zy operated It uses less than 1 watt of energy. Mr. Rimkin added we can cancel with notice after 5 years. VIe rate changes each year. On motion of Cm. Burton, seconded by Mayor Houston, and by unanimous vote, the Council adopted (4.5 600-30) RESOLUTION NO. 4 - 97 APPROVING A PERMIT WITH METRICOM, INC. TO AllOW ATTACHMENT OF WIRELESS RADIOS WITHIN THE PUBUC RIGHT-Of-WAY ... .......,.~..... CITY COUNCIL MlNUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 24 WRITIEN COMMUNICATIONS - REQUEST FOR SKATE PARK 7:25 p.m. 5.1 (950-10) Parks & Community Services Director Lowart advised that correspondence had been . received from Dublin resident Doran Erenberg requesting that the City consider building a skate park in Dublin. At this time, the 5- Year CIP does not include funds for construction of a park such as this, so Staff recommended that the Council refer the matter to the Parks & Community Services Commission for further consideration. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council referred this matter to the Parks & Community Services Commission for further consideration. "".""""..'''....+- RESPONSE FROM TCI REGARDING RESTORATION OF A&E & STATUS OF SYSTEM UPGRADE CONSTRUCTION SCHEDULE 7:27 p.m. 7.1 (1050-20) Administrative Services Director Rankin presented the Staff Report and advised that the City Council requested that TCI address the recent actions by TCI regarding changes in service to Dublin subscribers. In addition, the Council requested a status report regarding the proposed system upgrade. The Council also requested an opportunity to evaluate other measures which may be taken to address cable TV service issues, in the event that the response by TCI did not meet the City's needs. Mr. Rankin discussed the response by TCI regarding restoration of A&E; regulations regarding notice; customer credit for failure of Bay TV to broadcast clear picture; lack of notice regarding changes; construction schedule; and City Council decision regarding further review of TCI Franchise compliance. .. Mr. Rankin advised that in accordance with Tom Baker's response letter dated January 15, TCI states they have a plan to restore A&E as early as the end of January. In order to accommodate this change, it will be necessary to eliminate a channel currently carried on the Dublin and San Ramon systems. TCI has decided to eliminate the programming currently carried on Channel 0 which is a shared Channel including CSPAN2 and the California Channel. In the evening, the Channel carries the Playboy programming, a premium pay television service. Mr. Rankin eXplained that in order to accommodate the proposed change, TCI is requesting that the City of Dublin waive the requirement for 30-day written notification. He pointed out that Tel also has an obligation to provide written notice of changes in the channels provided. In addition to the notice to customers, the firm is required to make every reasonable notice to the City in advance of the customers. In his response, Mr. Baker indicated that the firm provided a small notice in the newspaper which they acknowledge was inadequate. CITI' COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 25 . TCI will provide a $ .43 credit on the next billing for customers receiving the Satellite Value Package to account for the period of time that Bay TV programming could not be viewed by local subscribers. ..:. Mr. Rankin stated no response had been received by the time the Staff Report was prepared related to a time schedule for starting the upgrade. Given the extent of the upgrade project and that we are approximately 11 months away from the stated completion date, it would seem reasonable that TCI should be capable of providing information such as: a. What is the estimated construction time frame to be included in the contracts? b. What is the status of securing a location for the "head-end" site? c. What is the status of construction documents related to this project? (Both the "head-end" and transmission lines.) . In summary, Mr. Rankin suggested that the Council provide an opportunity for Mr. Baker to provide any supplemental information which was not available at the time the Staff Report was prepared; authorize the ktter related to the waiver of notice by the City as the Franchising Authority, in order to make the changes necessary to reinstate A&E; determine whether TCI has provided adequate information related to the status of the upgrade construction. If not, provide Staff with additional information related to the information required and/or direct the City Attorney to evaluate potential courses of legal action. Determine whether there is a desire to pursue an annual performance review as specified in the Municipal Code. In the event that this alternative is selected, Staff suggested that the date of the hearing be established as March 18, 1997. Determine whether the City Attorney should prepare a draft ordinance for consideration at a public hearing which would establish a penalty schedule as allowed under State Law. Tom Baker, TCI General Manager stated he had a proposal to add A&E back to the Dublin lineup. They hope to do this as early as next Monday, January 27. They have stalied contacting their Playboy customer base. He has only received one phone call expressing consternation over losing the other channel. He discussed the small notice in the paper and they also had a notice on CTV 30. He did not notify the City in advance. He did not do this on purpose because he thought he would be able to affect the change. It is true that TCI has discontinued its channel expansion activities. They are using other technology however, allowing them to use lines already in place. It behooves them to completely explore these alternatives. The pace of technology changes dramatically but they feel the changes and upgrades in Dublin will be more cost effective. They do not foresee commencement until at least the beginning of the second quarter. They remain committed to the channel expansion before the end of this year. Much of Dublin's plant is overhead on utility poles. Cm. Burton asked how many channels we will get with the new retrofit. . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 26 Mr. Baker indicated that in Pleasanton and Livermore they offer 62 channels and we will have at least this number. Livermore pays $2.70 more per month than Dublin subscribers for cable service. The rates they charge are all FCC formula driven. -. Mayor Houston asked at what point they will decide whether they will go with the new technology or not. When will they make a decision? Mr. Baker stated they would have to make the decision no later than the summer. They have done a lot of preplanning. They just closed on their hub site a month ago. They have done the system design. Mayor Houston asked about the risks to the City with this new technology. Mr. Baker stated it is like any new technology and this is the reason they want to thoroughly investigate it. This is why they don't plan to start before the second quarter. They are testing it in Fremont now so there will be some track record. Cm. Howard asked when they will send a list of the channels to homes. Mr. Baker stated quite frankly, he is embarrassed by their customer communications. He was informed by their marketing grou p that some of the channel line ups were hitting various markets in the Bay Area. He doesn't have his yet. He offered no excuses; it was a poor example of customer service and they realize they have to do it in a much different manner next time. .'.-- " Cm. Barnes asked if the new technology means 60+ channels. Mr. Baker stated it actually means Dublin will get more than 60 channels. Mayor Houston stated he spoke with 11ayor Morrison in Fremont and they are monitoring the results. Cm. Barnes stated at the League Conference last week in Sacramento, TCI was a word used often. It seems no one is too happy with them. Mayor Houston stated he was in Washington, D.C. last week and there was a representative from A&E speaking about some of their programming. The representative said she knew exactly where Dublin California is. Houston Texas is also going back to A&E after having it involuntarily removed. He stated he appreciated Mr. Baker's efforts. If the first quarter ends and nothing is happening residents will want to know. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 27 ." , . . . , . , - - , ." .' .. -. . '- . - , it f'. --. . . Doris Battin, 11432 Betlen Drive stated she was in on this even before a lot of people found out what was happening. She saw a notice on CTV30 saying channel 19 was going off the air at the end of December. They incorrectly called it I&E. The person she contacted told her they were taking it off because it is too expensive. They counted the number of stations all the other cities get in comparison to Dublin. We're at the lowest number on the list. Pleasanton used to pay $.4 7 more a month than we pay. She wanted to know why we aren't getting a lower rate because of the lesser service. We need a rate refund of some kind or at least a rate reduction. People didn't realize this until the A&E situation occurred. Elliott Healy, 11362 Betlen Drive thanked the City Council for the prompt manner in responding to this. Tel has agreed to give the channel back. He is leery of things they say, however. He also was concerned about the rates we pay. A Danville statement shows on the back several upgrade/downgrade addressable items. He read a newspaper article indicating a required 30 day notice to consumers about changes. The article also discussed other expansions. 70,000 subscribers left TCI during the summer. People are upset and willing to switch to a satellite dish. He was not aware of the fact, but his son informed him that satellite dish companies only provide channels that are not local. There is another company that will soon be able to provide dishes with local channels. He stated he would advocate an annual review of TCL Marjorie laBar, 11707 Juarez Lane asked the City Council to institute a yearly review and get on with an ordinance in place to fine these folks. Our service has been marginal for years; the quality is far lower than elsewhere in the valley. She is personally starting to study satellites. We should lobby to have the laws changed to keep the satellite companies from competing with the cable companies. Mr. Baker commented rates are audited and the firm found no discrepancy in the rates they were charging. There are a myriad of factors that go into the rates. They are charging according to FCC formulas. He explained the differences referenced by Mr. Healy on the Danville billing. No public notice was mailed, but it was put in the newspaper. He heard from everyone and it will be done differently next time. He clarified that they have no intention of introducing a new product tier at this time here despite what the newspaper article said today. Mayor Houston felt we need to have something in place with regard to enforcement. TCI and other cable companies are stuck with a lot of must carry rules. This is currently being reviewed back in Washington, D. C. In the short term we need to have a review back from Mr. Baker regarding the status of the upgrade. Cm. Barnes felt it is also important to understand that in December they don't want to hear from people that it's not done. We should look at ordinances or laws or whatever it takes so we have something to fall back on if we don't have something in place. CITY COUNCIL MlNUTES VOLUME 16 REGULAR MEETING January 21,1997 PAGE 28 ~-;:. On motion of Cm. Burton, seconded by Mayor Houston, and by unanimous vote, the Council authorized the letter be sent related to the Waiver of Notice by the City as the Franchising Authority in order to make the changes necessary to reinstate A&E no later . than January 30, that there be an annual review of TCI's performance pending satisfaction of the starting time of the upgrade and also that the upgrade is finished by December 31. The City Attorney should start developing an ordinance establishing a penalty schedule. We will hold the annual review over their head if they don't start the upgrade. 111'. Rankin explained that the review has to occur by March 30. We need time to request information from TCL Staff proposed to schedule it for March 18. We can request that they address the upgrade at that time. Cm. Burton changed his motion to include the fact that the Council determined a desire to pursue an annual performance review as specified in the Municipal Code and that the date of the hearing be March 18, 1997. TCI should provide a status report of their work to complete the upgrade by December 31 of this year. Mayor Houston asked when they could schedule an ordinance to be in place regarding penalties. Ms. Silver stated it could also be on the March 18 agenda. ".HHHHHH'~'H INITlA TION OF GENERAL PLAN AMENDMENT STUDY FOR A 200 ACRE PORTION OF THE NIELSEN RANCH 8:07 p.m. 8.1 (420-30) Community Development Director Peabody presented the Staff Report and advised that Vince Fletcher, Applicant, is requesting a GPA Study for 200:t acre parcel east of the terminus of Brittany Drive and Brittany Lane in West Dublin. . Mr. Peabody explained that the Applicant has stated they would pay for all processing costs for the GPA Study and associated other entitlements. This project is not a high priority on the 1996-97 Council adopted priority list and adequate City Staff time is not available for completing this project in a timely manner. A Contract Planner will need to be retained if the Council authorizes the Study. No costs will be borne by the City. Mr. Peabody stated if the Study is initiated, subsequent public hearings will be held before the Planning Commission and City Council covering potential annexation, General Plan, Planned Development and other entitlements. Cm. Burton asked how many acres are being developed. . CITY COUNCIL MINUTES VOLUME 16 REGULAR M:EETING January 21, 1997 PAGE 29 f ( -. . . Mr. Peabody stated there is no development being proposed tonight. This is not really the issue at this time. This is just for consideration of a study. Vince Fletcher stated the Nielsen family is requesting this study. They have met with homeowners half a dozen times and will continue to meet. 111eir proposal is for about 72 units. They would not be proposing access to any of the surrounding parcels so this is the last development that could be accessed by Brittany Drive and Brittany Lane. All the grading will be done on site; there will be no infill or exporting of dirt. They are working with EBRPD on a regional trail. Cm. Burton asked how much of the 200 acres will be developed. Mr. Fletcher responded probably 10% or less of the 200 acres will be developed. Emergency vehicle access will come from Brittany Drive. They will have bollards to prevent traffic through there. They would like to deed rights to the City and the Nielsens would like to run cattle grazing on the open space. Bud Nielsen, 11637 Allegre Drive gave a short history of the property. It has been in the Nielsen family for 70 years. He was born in Dublin in 1926 and his father bought this ground from the Doughertys in 1927. The land has been used for cattle grazing and has no agricultural value other than for cattle. It is located in a place where it can provide some beautiful view lots. This project will be an asset to the City. David Lawson, 8319 Brittany Drive stated he bought his house about 5 1/2 years ago and enjoys seeing the cattle grazing. He was told there would be no further development. There is a lot of wildlife in the area and they are losing area so this is of concern. Who will pay for this? Mayor Houston responded the applicant will pay. Gary Oehrle, 11331 Champagne Place thanked the Nielsens for providing such a wonderful piece of property. They enjoy the deer, the foxes, and the view from atop the hill. He is concerned that we will lose a very valuable asset of the green hills. 200 acres and 70 units just doesn't seem to add up. Something tells him something else will go in up there. Before we know it, we will look like the Oakland hills. Possibly the City could look at some way of compensating the Nielsen family for the 70 units. Paul Brewer, 8123 Brittany Drive stated he is the newest resident up in that neighborhood. He and his wife researched thoroughly where they wanted to live. They put flyers in the mailboxes in the area where they wanted to live. It's important that we don't change the nature of the area. Those that bought homes felt it would stay pretty much the way it is. They understood development would occur in the east. He requested the City Council to turn down the request. CITY COUNCIL MlNUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 30 Diana Vrba, 8115 Brittany Drive thanked the City Council for their time and attention. It has been brought to the City Council time and time again. It always gets voted down. Residents want them to build to the east. Developing piecemeal will not be :,.' enjoyable for our hills. Everyone on the Council stated in the past that they supported not building in the western hills and that they would uphold the will of the people. The referendum passed 3 years ago and the people spoke loud and clear. She requested the Council to please vote no on this. David Bewley, 11166 Brittany Lane felt the main issue is do we study and do we allow a study for the annexation of ZOO acres of residential development in the western hills. Should it be appropriate in this manner? Should we look at a single parcel of land rather than looking at the entire western area? It is inappropriate to study this by itself. He discussed some background related to western growth and development. One of the main selling points in the previous plan was that it would be back in the hills and not seen from existing Dublin. The Council said previously that even if development occurred in western Dublin, the Milestone property would not be developed. They said no development would be visible. This was referended by a vote of almost 80%. He appreciated the fact that Vince Fletcher met with them. Prior to this, this was not the protocol. The referendum changed this. A lot of people still have reservations about the Schaefer development. He was bothered by the fact that we looked at this as a single parcel. While he appreciated their comment about no further development, they have no legal right to stop other development. Others are all interested in developing in the western hills. He respected the fact that the Nielsens have been here for a very long time. This in itself is not justification for development. They do not have a legal right to develop up there; only the City Council can grant that right. Milestone and 11achado too want to develop. If we are to develop, look at the whole area and then let the voters decide. The City would be hard pressed to find other than a small minority of people supportive of development in this area. -:. " 11ayor Houston read comments submitted by Cherie Harris, 8383 Brittany Drive. "1 firmly oppose the proposition to bUild hOlnes on the hills ilmnediately behind Brittany Drive and Brittany Lane. It will increase undesired traffic and devalue Iny hOlne. 1, among other residents chose our hOlne for its location &- tranquillity as a result of the hills behind and finnly desire that the area relnain unchanged " Mayor Houston read comments submitted by Linda Harris/Calvin Harris, 8383 Brittany Drive. "1 strongly object to the proposed GPA Study for Nielsen Ranch. We bough (sic) our hOlne because of the location and privacy the open land provides. There are enough new divisions being bUIlt on West Dublin. The linpact of traffic &- schools, not to mention devastating the landscape &- wildlife is sOlnething we do not wish to see. Please do not change the General Plan. Reiect This vlease. We also feel this land could possibly be purchased by the Regional Parks &- keep it open - - or Inake it into a park area - - but not into a residential area. " :. CITY COUNCIL MINUTES VOLUME 16 REGULAR :MEETING January 21, 1997 PAGE 31 i..~- t:: '. . . Scott Dykes 8257 Brittany Drive has been a resident for 10 years. He learned about this issue at 7:20 p.m., this evening. No one in the area would think kindly of this. He did not understand why the City is even talking about this. He was shocked to find out that the 2 developments went in up there because they voted against this. He sees a pattern of piece by piece development being approved. He hoped that the City Council would take into consideration that a precedent being set is a very dangerous one. He was told 6 years ago that there would be no further development up there. He came down and looked at the record. Increased traffic will make this a dangerous street for children. People drive very fast down the hill. He used to live on B Street in Hayward and he couldn't sleep because there was so much traffic going back and forth on that street. This could be the same situation on Brittany Drive. He paid $448,000 for his home 6 years ago and he asked how the Council would feel if all this additional traffic was put on their street. He asked that the Council not approve this. Mayor Houston explained that the two projects, Hansen Hills and Kaufman & Broad were approved back in 1989 but they did not start to build until this past year. Kathleen Gatzke, 8381 Creekside Drive stated she and her husband Mark have been residents for the past 11 years. She grew up in Southern California and her memories of the hills between Los Angeles and San Diego are now just a blur. It slowly became a united string of mankind. She has raised her children on Creekside Drive and has enjoyed the hillside and wildlife. A family quality of life cannot be found in many communities such as this. She urged the Council to keep the quality of life we enjoy now. They watched the birth of twin deer on Mr. Nielsen's property. Fox look in at them when they are having breakfast. Where can her children go to experience these things? She is aware that this is one of the fastest growing areas in the state and she hoped we would hang onto our green hills and reject this idea. Brian Blattel, 7657 Martin Canyon Road stated he is a member of the Silvergate Highlands Association and he became aware of this proposed issue this past weekend. He appreciated the opportunity to talk and state his strong opposition. He has lived here 3 years because of the scenery and unique beauty. He watched Southern California become the great urban metropolis that it is. He wondered about the water availability. Where will the water come from? He is concerned about traffic increases and also concerned about the geology and possible landslides. Wildfires and earthquakes are also of concern. There is an impact to wildlife and each development eats away at more of their habitat. Impacts of any proposed development on the creek should be reviewed. No time or money from any place should be spent on this. He is strongly against this. Don't waste time on it. Rory Maclean, 8341 Creekside Drive learned about this yesterday upon returning home from a trip. He was very sl:lrprised. He has been a resident for only 3 years and cherishes the quality of life we have here. When they purchased their home they did CITY COUNCIL MlNUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 32 so because it was fairly isolated. There are a lot of young children around them and they are concerned that cars already speed down the hills. He suggested that the City Council is their elected representatives and they have a responsibility to citizens of . Dublin and the Bay Area. They have to weigh the rights and benefits of certain people against the rights and benefits of other people. Mr. Nielsen's rights are quite legitimate and the developers and then the rights of the citizens who live next to that property should be considered and the rest of the people who live in Dublin. This is a Bay Areawide issue. How does the scale tip? Everyone in this Country has rights that we need to protect. Who's rights outweigh in this case? Mayor Houston commented that it appears that a lot of neighbors are speeding and perhaps the Police Department needs to provide some increased patrol of the area. Cathy Kuhn, 8429 Creekside Drive noted that she attended the previous City Council meeting when they asked for a postponement for input. He talked to the people on Brittany Lane but not those on Creekside Drive. She noticed that Pleasanton puts in the paper items they are going to address in the newspaper and Dublin should do this as well. She is at the direct edge of the City Limits and her back yard meets with Mr. Nielsen's property. At this time she has an unobstructed view and a sense of privacy. If they develop, she has no way of knowing if there will be 2 or 10 homes behind her. She has no faith in the developers to be able to grade the hills so that there would not be slippage into her house. What will it do to existing homeowners? She has no faith in the grading that was done in Hansen Hills. The hills need to be left alone. The hill behind her appears to now be stable. In 1993, the General Plan did not allow for . development behind her house. She strongly recommended against allowing an amendment to the GP. If the Council overrides all the homeowners in the Council Chambers, she requested that the City allow them notice so they can fight every step of the way. Don Clemetson, 3420 Claridge Drive, Danville and a property owner in Dublin since 1968 had business that he had to give up for health reasons. Almost every development has organized opposition. Most of the people living in housing here had people oppose them. Most of the development on the west side has been a boon to the economics of Dublin and it has become a fine place for people to live and raise their families. He hoped the City would consider this as it would further enhance Dublin's Image. Vickie Hathaway, 11264 Rothschild Court stated she was embarrassed that she was sitting next to the Nielsen family and clapping in support of previous speakers. Their land is really beautiful and she sees it every morning. She loves the way it looks now and when you think of Dublin you think of green. Our hills aren't renewable resources. When they're covered with houses, they're gone forever. Before they bought they looked in San Ramon and when she looked out she could see were houses CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 33 :. f't. '. . . all over just like hers. It didn't look like houses anymore; it started looking like greed. She felt somewhat hypocritical saying don't build in my back yard, the old NIMBY thing. She had her share of seeing slides and animals get moved further and further out while living in the Oakland Hills. Her job takes her all over the Bay Area and she sees slides. Drainage is not adequate and she sees topsoil down to the rock underneath. The Hansen Hill project she watched as the creek became changed and more dirt began falling into it. The City fined them for not taking care of the creek like they should have. She did not feel the people building the houses will live there. They will go somewhere else. They were told the hills would remain open and green and the way they are when they bought their house. She wished the Nielsens could somehow be compensated for their land in order to preserve it the way it is. How does a developer figure a development will raise her property value? With regard to emergency access, you have to plan on emergencies and consider the worst case. Marjorie LaBar, 11707 Juarez Lane felt this to be a very bad idea. There is a lot of flat buildable land in east Dublin. Planning Staff doesn't need to be distracted from all they have to do to get east Dublin going. The Hansen development was ill advised to begin with. Development along the creek is problematic at best. Put energies toward the eastern side. Leave the western hills as a backdrop. She suggested stiffening the language related to the hills and state one unit per 100 acres. Tom Ford, 7262 Tina Place, which is in the Briarhill area expressed concern because they are his neighbors. The Preserve Area Ridgelands Committee met with Mr. Peabody about the entire western area. Margaret Tracy and Harvey Scudder also met related to concerns about piecemeal development. He discussed the park situation as it ties into this area. There are only 28 acres of park on this side of town and it is 22 acres short of the desired 50 acres. The ridge area is the last open area for park acreage. This area is not well suited for residential development. Taxpayers have paid for parks, most of us, over 30 years. $800,000 should be invested in open land. He suggested the City reject this request. Schaefer Heights went through the process very carefully and it went to LAFCO for approval. They said they have no confidence that DSRSD will be able to service the area. The reality is these services will not be available for several years. There are no hook ups available. They should get behind the Schaefer project. Susan Nelson Bewley stated currently she sees large tire tracks on Brittany Lane. It could be the waste disposal company or other delivery trucks. She also sees skid marks on Rolling Hills down by Martin Creek. Both of these areas are where kids play. Maybe they are playing there because there are not sufficient parks. The streets are very steep and they are residential. One street taking 700 additional cars daily is a real abuse of a residential street. The Hansen homes are staliing to look like Daly City. All of the homes in this proposal would be clustered in one large remaining flat space. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 34 They could not get more visible. This Council is leaving a legacy; there aren't many of these greenbelts left. Even brown hills look nice because it's not homes. Roxanne Nielsen stated she wanted to comment that even though the development they live in was protested the very same concerns were brought up before they had the opportunity to buy their homes. The quality of their concerns is not lost. The beauty was not lost when their development occurred. They should remember this. . Lynelle Holt Willinberg (no speaker slip completed) stated she lives on top of Creekside Drive and she is fourth generation Californian. This is a very emotional issue for most. Her family started here in 1860 and mostly centered in Alameda County. She has watched the over development of the counties. She hates to see anymore lost. She owns property in San Joaquin County, has large animals and is one of the evacuees. We need to finally stop and say we're tired of this continual development. We don't want to look like Daly City with little tiny houses on the hill. She is tired of seeing over development. She is tired of the water issues. We have to think of our resources and our schools which are not doing well. We need to look ahead 100 years. She has family pictures showing what has happened in California. She would like to see things slowed down. This will be emotional for everyone's children. Bob Kemp, 8477 Creekside Drive thanked the City Council for their patience. Traffic issues and environmental issues and quality of life should be looked at. He is sure Mr. Nielsen would do a good job but the question is really quality of life. He has been abroad for several weeks and seen some beautiful places but was glad to get home and see our beautiful green hills. He encouraged us to look at the GP and see what we want the western hills to look like. He urged the Council to deny study on this basis. ",'. .; .., :-. Michael Fisher, 8365 Creekside Drive felt this proposal directly conflicts with the GP requirements of not having direct access to a subdivision by existing streets. If this is endorsed they may have to go back and deny a plan later on. This would give the NieI-sens false hopes. The existing GP doesn't allow it. Why go through the process? .-' Mr. Peabody stated he did not feel this statement is in the GP. Access would generally have to come via a nearby street. Mayor Houston asked how it would happen any other way. John Anderson, citizen of Dublin (no speaker slip completed) felt some very salient points had been made against this and Nielsen made some strong points for it. He suggested the City Council revisit the EIR plan done for this area. There was some strong geothermal issues to be considered on this particular parcel. There are some faultlines that cross the area and some debris flows in the area. There are many safety reasons and when you couple this with the steepness of the streets, we're already at ..., CITY COUNCIL MlNUTES VOLUME 16 . REGULAR MEETING January 21, 1997 PAGE 35 "-" f:r"-:_ 'f to -. .:. .... about 12% on Brittany Drive and Brittany Lane. Neither are collector streets and we would be taking development through there when it was not designed for this. Scott Dykes spoke again and stated there is a problem with an odor emanating from Creekside and Rolling Hills and he understands this is due to some working of the land. It is possible if they grade the land up on the hill this may be made worse. Now it is fairly localized. Right now in the neighborhood of Creekside downhill there are 2 problems with landslides. One of them emanates from the Nielsen Ranch and a geological survey company was hired to take a look at these. Supposedly there was going to be no problem with any landslides when the development was put in. There could be some severe landslides if they put homes near the watertank. Why are they even suggesting that collector streets be used? \Vhy can't they use San Ramon Valley Boulevard? Morgan King, 8348 Creekside Drive stated since he is a Lawyer he thinks about things in this manner. It is easy to identify a lot of reasons why the City should even consider doing this; safety, quality of life and the asset of the hills the way they are now and the overburdening on Nielsen School. Why should the City consider this? There is a GP. The plan can only be amended if it is in the public interest. There has to be a reason why the City would even allow the study. There has been no reason in the public interest shown. From a human point of view, the public has voted unequivocally about their feelings on development there. There is no reason in the public interest for the City to consider this. He told of an incident where he chased after a car in his neighborhood that was going 50 miles per hour. He gave him a major piece of his mind. Mayor Houston stated he lives about 30 yards from Silvergate Drive and he absorbs all the traffic on a daily basis. Marc Shingo 11230 Creekside Comi (no speaker slip completed) stated he grew up and watched the Bay Area get marred by development. San Ramon looks like a Daly City. When they decided to move to Dublin 3 years ago it was because of the open hills. There's no development above the hills in Dublin. He is an architect by profession and feels growth is impoliant for a City, but it must be done in a correct way. There should be a masterplan and not done piecemeal. If any development is to occur it should be behind the hills. One of his concerns is mudslides. Dublin has the best kept secret insofar as how it has developed the west and it should keep it this way. Vince Fletcher stated when the Nielsens subdivided the property many of these people live on many years ago, they made it clear they planned to develop further. They want to develop 20 or 30 acres out of 200 acres. They have done soils studies and there are no problems with the soils where they plan to build. They will not stu b streets to other adjoining properties. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 36 Bud Nielsen pointed out that the Dublin City Council heard the development where these people are living now and heard almost the exact arguments. He appreciated people's sincerity, but people have to have a place to live and they have a place that ." can furnish some nice view lots. It will be an asset to the people of Dublin. Cm. Burton stated he had heard this story time and again with people saying they don't want development on the west side. People are sincere with the reason they bought. The City Council must consider the ownership question. All or most of the property where these people live was at one time owned by Mr. Nielsen. He discussed metes and bounds. Local control is important. This property is currently in the County and they could go to the County and request development. He asked everyone to consider what is fair. All that is being requested is to look at the issues. He discussed the traffic issues and stated when people start saying 700 cars this is inaccurate. The development will occur on only a small piece. Everybody was really ticked when they opened up the Nielsen propeliy for development. The view costs about $6 or $7 million. Are they willing to pass an assessment for this? There are rights of future owners to be considered. They won't be building on the ridge. The process will take Z or 3 years. Don't go along with drawbridge mentality. They deserve an opportunity to do a study. Cm. Barnes stated she also was here sitting on the Planning Commission many years ago. The quality of life has been maintained over the years. We have to stop and say do we close the door now that I've got mine. The operative word here is study. They,.,._, may come back and say it can't be done. Cm. Lockhart expressed concern with telling people you don't even have the right to even present us with a plan. The rest of the community might want to find trails they can go on up there. If we close it off simply to protect their view, what are we telling the rest of Dublin. She would like to hear what the Nielsens have to offer and add to the community. It must be balanced out and we don't know yet what they will offer. There is no way accurate information could have been circulated when a plan has not even been developed. Cm. Howard stated she originally okayed a plan in western Dublin which went down with the referendum. She was concerned that we would be going along with piecemealing. We should look at one large picture. Mayor Houston asked about deeding development rights to the City and what this entails. Ms. Silver stated without having discussed this she would assume they are suggesting a conservation easement and the property can be used for open space type uses, agricultural uses, any open space use but no development can occur on the property. CITY COUNCIL MlNUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 37 . ~: --. . . Ownership would remain with the Nielsen family and they could use it for grazing and open space uses. The easement would be held presumably by the City. Cm. Howard asked if this could create problems similar to what we're having up on Topaz Court with slippage. Ms. Silver felt there are means by which a property owner can restrict the use of his land. By virtue of this deed he has taken away his rights to develop this property. Mayor Houston commented on past deeding of property to the City and problems. The City owns the property. He clarified that this would still be retained by the Nielsens. He also agreed that they are entitled to work on and bring a plan forward. Saying there will be 700 cars, we don't know this. All the issues may come back and it may not be appropriate at all, but they deserve the right to bring a plan. On motion of Cm. Burton, seconded by Cm. Lockhart, and by majority vote, the Council adopted RESOLUTION NO. 5 - 97 INITIATING A GENERAL PLAN AMENDMENT STUDY FOR THE NIELSEN PROPERlY Cm. Howard voted in opposition to the motion. A letter was given to the City Clerk following discussion of this item. 'January 217 1997 Dear City CounCil Melnbers) 1 and lny husband wJ1l not be able to attend the meeting tonight for the discussion of the Kiper Developlnen~ Inc. request to alnend the General Plan for developlnent of the 200 acre parcel located east of the terminus of Bnltany Drive) we strongly oppose and object to a change in the General Plan to allow this developlnent. Please put it on record that we do not approve of this residential proposal Sincei"ef;j Mary Collins" Cliff & Mary Collins, 11578 Rolling Hills Drive, Dublin, CA 94568 '..-----------.-...........+'---------.--.--..........-. RECESS 10:07 p.m. Mayor Houston called for a short recess. At 10: 14 p.m., the meeting was resumed with all Councilmembers present. ...................~. CTIY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 38 \.'- {" KAUFMAN & BROAD REQUEST FOR INTERPRETATION OF THE INCLUSIONARY ZONING ORDINANCE FEE CALCULATIONS AND TIMING OF PAYMENTS 10:15 p.m. 8.2 (450-20) Community Development Director Peabody presented the Staff Report and advised that Kaufman & Broad is requesting a determination of whether in -lieu fees should be calculated on the basis of the square footage of the entire residence or that of the living area and whether the fee should be paid at the time of Final Map, first Building Permit, or each Building Permit for each residence. . Mr. Peabody discussed Options A, B, and C. Option A would allow payment at the time of building permit and to calculate fees based on total square footage of the structure (building and garage). This is Staffs recommendation and would result in no loss of revenue for the City. Option B would allow payment at the time of building permit based on just building square footage (excluding garages). This is K&B's request and would result in about a 25% loss of revenue to the City. Option C would reaffirm the City's existing Ordinance to collect payments before issuance of the first building permit based on total square footage of the structure and would result in no loss of revenue to the City. Cm. Burton commented on the survey of cities including garages. There's nobody around here doing it. Mr. Carrington stated typically they charge a flat fee. . Cm. Burton felt the objective is to build affordable housing. The idea of charging a fee on the garage could affect possibly having smaller garages. This doesn't have anything to do with making affordable housing. He did not feel we should be charging on the garage but he agreed with having the fee go on at the time of a building permit. Cm. Barnes clarified between options a and c - and asked if both include garages. One is before the building permit and one is at the time. Mr. Ambrose stated c says you collect all the money at the time. Cm. Lockhart questioned why we choose to be a little unusual in the way we do it. Mr. Carrington stated this is the way the ordinance was prepared when it was adopted last year. Pleasanton charges a flat fee of $1 ,800 unit for single family unit and a different amount for multi-family and a different amount for commercial. It varies radically from one ordinance to the next. He felt $1,800 is not that far off from where we are. .. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21,1997 PAGE 39 .1:.~. l{ . . . em. Lockhart asked if it would be possible for a developer to come in with a plan and then change the plan so if we collect it now we may have to go back and give credit. Mr. Carrington stated this is already happening. They come back with substitutions. It makes more sense to have them pay at the time of pulling the permit. The garages are a significant portion of the structure. One quarter of the home would be garage. Cm. Lockhart stated she would feel better if Staff could present some uniformity with surrounding agencies. Mayor Houston felt from his perspective that garages were never mentioned and it never occurred to him that we would include the garages. When you buy a 2,000 sq ft house the garage is not included as part of the square footage of the house. When he voted on this, it never occurred to him that they would be including garages. What about a car port? Would this count? Mr. Carrington stated if we use these funds to build a portion of an apaliment complex, this is what we would have to fund. 11ayor Houston stated he was concerned with calculating the fee. There could be some inequity because single family will have garages and multi-family could have carports. He thought they were talking about livable square footage. He supported Option B. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council selected Option B and pay at time of building permit. Also included in the motion was direction to modify the ordinance. 11att Koart, K&B asked for direction from City Council regarding their agreement. Mr. Ambrose stated the current ordinance does not allow them to pull any building permits until they have an agreement with the City regarding affordable housing. They are concerned about 15 units. Mayor Houston talked about the old rental availability ordinance and they said if the ordinance passed, they would get a refund. They had to pay the higher fee and then there was credit at the next building permit stage. Mr. Ambrose clarified what was being asked tonight was an interpretation related to garages. The ordinance says they can't pull one building permit without an agreement. We have to revise the ordinance with respect to the timing of the payment. They have to have an affordable housing agreement before they can pull even one building permit. It will take 60 days to amend the ordinance. The question CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 40 is whether Staff should be allowed to issue the permits pending the approval of the Ordinance. Cm. Burton asked if 25 units would be reasonable? .... .' Mr. Koart stated if this was in their control it would be done already. Mayor Houston asked the City Manager how they should proceed. What is a reasonable amount of permits and time to get this done otherwise they couldn't get any more permits. Mr. Peabody stated they have 17 sitting on the desk waiting for permits now. We need the housing agreement effectuated. It would be fair and reasonable to allow them to proceed with the 17 units, but no more until the housing agreement is signed by the City Manager. We don't want to have problems like Hansen Ranch. We need a guarantee of how and when the units will be built. Mr. Koart felt there is adequate security for the City in that they have plans for 280 homes. Approximately 30 homes have already been sold. The people are obviously anxious to move in. 11ayor Houston felt this seemed like a Staff issue. He asked if the Council could grant 1 7 and then come back to the next meeting. '.e-:; - - . . . . . - - . . Cm. Barnes felt nothing they had done tonight was holding up the document. 11ayor Houston summarized that they can go with 1 7 units and keep it open and it can come back at the next meeting if there hasn't been resolution. Mr. Peabody stated Kit Faubian from Ms. Silver's office has put together a draft. We are still waiting for information from K&B with their plan. ---_...............~' LONG TERM. PERMIT OF SURPLUS LAND AT CAMP PARKS 10:41 p.m. 8.3 (130-80) Parks & Community Services Director Lowart presented the Staff Report and advised that this item deals with the City determining whether to submit a request for a long term permit for surplus land at Camp Parks. The land in question has been earmarked for development by Dublin United Soccer League for additional soccer fields. Staff has been in contact with DUSL to inquire as to the status of the request and has learned that a draft letter requesting the long term permit was under development, but has not yet been submitted to CoL Bain. They indicated they would defer to the city if it was ..... - . '.' CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 41 \~" f. the desire of the City to pursue the long term permit. They did, however, want an assurance that they could still pursue development of the propeli)' as originally _. proposed. Mayor Houston stated Adib Nassar, the DUSL Project Coordinator was present and wanted to give update on the current project. Adib Nassar presented a status repoli on the project. $20,000 approved by Dublin City Council as a donation to be used by the Soccer League in developing a soccer field at Camp Parks. An additional $15,000 is to be raised by DUSL. Memorandum of Agreement between Parks RITA, DUSL and City of Dublin have been issued on June 3, 1996. Agreement between the City of Dublin and DUSL regarding the disbursement of the $20,000 have been issued on July 26, 1996. Long term lease request drafted to Washington but not executed on the recommendation of Co!. D. Bain of Camp Parks. Radiation Survey and Lead Based Material Phase II Environmental Site Assessment resulted in a clean repoli on July 31, 1996. Field disked and graded; Excavation and Hot Tapping for Water supply done. Contractor identified and agreement signed. Expecting at least 65.8% of the irrigation materials to be donated. Project not on schedule due to unanticipated environmental testing, identification of water supply, scheduling donated heavy equipment, negotiating for donated materials, manpower allocation and the rain at a later stage. Contractor is expected to stali by mid February 1997 and finish the project by mid April 1997; field to open by mid August for the 1997 soccer season. Pacheco Brothers will start the project next month. . Mr. Nassar stated he lives on Rolling Hills just adjacent to Mr. Nielsen's property, and that he would support the project if he were to put in a soccer field there. Mayor Houston felt we always were concerned with having a long term lease. We can then study the possibility of doing something. On motion of Cm. Barnes, seconded by Cm. Billion, and by unanimous vote, the Council directed Staff to submit the drafted letter to CoL Bain. " "',.........., DUBLIN ELEMENTARY SCHOOL SPORTS FIELD/PARK DEVELOPMENT 10:47 p.m. 8.4 (280-30) Parks & Community Services Director Lowart advised that the Dublin Unified School District has contacted the City regarding a potential joint project for the renovation of the Dublin Elementary School fields. The project would be divided into two phases with the District funding Phase I and the City funding Phase II. The completed project would result in additional athletic fields and a children's play area for both school and community use. Phase I would entail the development of a children's play area and . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 42 also a larze turf area which could be used as a practice sports field. The preliminary cost estimate for Phase I is $368,365. Phase II would entail the development of the remainder of the site and would include two 60' baseball fields and one full size soccer . field. The preliminary cost estimate for Phase II is $585,575. Ms. Lowart explained that at the present time, there are insufficient Park Dedication Funds to completely finance the Phase II improvements. Ms. Lowart reported information related to discussions by the Community Facilities Task Force and the City/District Liaison Committee. In summary, Staff identified several options for consideration by the Council. These included: 1) Decline participation in the joint project due to lack of available funding; 2) Pledge the available Park Dedication Funds to the joint project and request that the District fund balance; 3) Direct Staff to report back to the Council as part of the 1997- 98 Budget with a plan to fund the project. If the City were to come up with a plan to fund the project, construction of the improvements would not be completed until Fall of 1998. 4) Proceed with design for the project using the balance of the FY 1996-97 Park Dedication Funds (approximately $29,532) and direct Staff to report,back to the Council as part of the 1997-98 Budget with a plan to fund the balance of the project. Cm. Burton stated he was pretty sore about what happened at the High School. He understood we would have some use of it after putting in millions of dollars. Cm. Lockhart felt this is sorely needed in this part of town and would be a great addition. Mayor Houston stated he was in favor of Option 4. The Council should look at it during budget time and start making some decisions. The liaison committee can review it also. Cm. Barnes asked about more of a joint process in working with the School District. Mayor Houston felt a combination of Options 2 and 4 would work. We could say go with option #4 and add combined budgets of the School District and the City. CIlY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 43 . F::' , . . '. -. On motion of Cm. Barnes, seconded by Cm. Lockhart, and by unanimous vote, the Council agreed to pledge the available Park Dedication Funds to the joint project, request that the District look for additional funding and to proceed with design for the project using the balance of the FY 1996-97 Park Dedication Funds (approximately $29,532) and directed Staff to report back to the Council as part of the 1997-98 Budget with a plan to fund the balance of the project. .......................'+ REVIEW OF CITY FIREWORKS ORDINANCE PERMIT PROCESS 10:55 p.m. 8.5 (650-60) City Manager Ambrose stated in accordance with Council direction, Staff was asked to place the Fireworks Ordinance on a future agenda in order that the Council may discuss whether or not the Ordinance should be modified in a manner so as to allow the issuance of fireworks sales permits to youth organizations only. The City's current Fireworks Ordinance has the following prerequisites to apply for a fireworks permit: 1) Only non-profit organizations or corporations which have obtained tax exempt status from the State Franchise Tax Board under Section 2370(b),(d),(t),(g) or (1) of the Revenue and Taxation Code; 2) an organization which has its principal and permanent meeting place in the City limits and maintains a bonafide membership of at least 20 members; and 3) the organization must have been organized and established within the City for a minimum of 1 year continually preceding the filing of the application for the permit. Cm. Burton asked how a youth organization would be defined. Mr. Ambrose stated this would be up to the Council to define. Cm. Burton stated the Briarhill Homeowners Association is really the youth swim team. em. Barnes stated when you file your 501 C 3 papers you have to state your purpose. It would be relatively easy to tell if this is a youth program. Cm. BUlion stated the Rotary Club has scholarships in two high schools, lunch for students and leaders, money for Interact Club, sponsor food booth for youth groups in St. Patrick's day celebration. They pay for speech contest, recognition cash and plaques, Arroyo Vista youth program, YMCA, ROP career fair, Wells Middle School Band, DHS yearbook, French club, and others. Leslie Roe, 7147 Hansen Drive representing Soroptimist International of Dublin advised that they do the same kinds of things. Their mission is to su pport issues supporting women and children. 110st of their funds stay in the community. They CITY COUNCIL MlNUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 44 " support Kaleidoscope, Shephard's Gate and Tri-Valley Haven, CASA, training awards program, youth citizenship award, sports teams, sponsor a little league team, a Babe Ruth team, band, etc. They are as much a youth organization as the soccer group or the football group. She would hate to see funds from the sale of fireworks be taken away as an opportunity. They are grateful for the years they win a permit. . Don Hewell, with Red Devil Fireworks stated his office is in Union City. This issue just came to him this afternoon. He is caught in the middle with all the organizations. In most cities they usually have a stipulation with regard to the type of organization stating those organizations are non-profit youth organizations, service clubs, and the key word is civic betterment organizations. The sale from fireworks comes back into the community. Dublin's ordinance is kind of vague. Over the last 10 or 12 years, every group has at least got a license every 1 or 2 years. Mayor Houston felt this was a tough call. In the case of service organizations such as Rotary and Soroptimists, it goes right back into the community. He wasn't sure service groups should be taken off. Churches would then have to be taken off. Cm. Barnes asked about putting in wording saying money gets put back into the community. It's important to designate where the funds go. Cm. Burton asked if we have had a problem. Cm. Barnes stated she knew how difficult it is for groups to raise funds. Her club has an entire year, but the kids don't have the time to spend an entire year raising the funds. This is a good chunk of money for a short period of time. :-. Cm. Burton pointed out that it takes a lot of people to cover a fireworks booth. The system is working now so he did not feel it should be changed. Mayor Houston stated in a couple of instances more than one grou p has teamed up and worked together in a booth. Cm. Barnes stated she was told this was not legal in accordance with our ordinance. We should provide wording to allow this. Mr. Ambrose clarified that it cannot be legally done at this time. The existing ordinance would have to be amended to allow this. Cm. Lockhart felt we should definitely look at amending this. Her concern is that we are so blessed in our community with people who want to give service she would hate to see this changed. It all goes back into the community. To disenfranchise a group would be controversial. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 45 -. ! , -. . :. . Cm. Barnes requested that the ordinance be changed to allow groups to go together as long as both organizations qualify to have their name in the drawing. em. Lockhart felt everyone should be able to apply on their own and then make the decision independently as to whether they want to split the responsibility and the funds. It should be voluntary. Mr. Ambrose asked if they would allow groups to apply together. The Council felt they could do this; they would not be discouraged. On motion of Cm. BUlion, seconded by Cm. Barnes, and by unanimous vote, the Council directed Staff to amend the ordinance to allow 2 qualified clubs to join together to occupy the booth. They can apply together or separately and then join together after the drawing. ,.., ..nn__n..n.._..,.'............" "'n....' OTHER BUSINESS 11 :20 p.m. Upcoming Events (610-05) Mr. Ambrose reported on several calendar items. There will be a going away dinner for Jim Rose on Friday night, January 24, 1997. There will be a DRFA meeting on January 27. To accommodate the Council's schedule with the live call-in show on CTV 30, the DRFA meeting will be held at the Dublin Civic Center at 5:30 p.m. On January 28 at 7:30 p.m., the County Board of Education will hold a public hearing on the school district boundaries. The meeting will be at Du blin Unified School District Board Room. On January 29, the DSRSD liaison committee will meet at District offices at 7:30 a.m. Feb111ary 1 will be the going away dinner for Paul Moffatt. January 27 is the cutoff date to get tickets. ,.. "...."'+ ""..,,,,,,,.... CITY COUNCIL MlNUTES VOLUME 16 REGULAR :MEETING January 21, 1997 PAGE 46 " .:.-... . Outdoor Sales Permits (650-20) Cm. Howard noted we are having problems in town with some sale items at closed gas . stations. The BP Station on Amador Valley Boulevard & Village Parkway had framed pictures and aliwork spread all around over the weekend. This has gone on several weekends. Mr. ~t\mbrose stated he would consider this a complaint and Staff will look into it. Outdoor sales are prohibited without a permit. .' ... ",.........., ......~. ....................,.,. ".... Warmington Homes Fined (600-60) Cm. Howard asked about the fine money levied against Warmington Homes by the Water Quality Control Board. Where did it go? Mr. Thompson stated we haven't seen any of this money. He thought they were going to use some as training money and teach people to not have runoff problems and to enhance the creek. Cm. Howard stated they discussed this at the League Conference last week in Sacramento and found out that we are entitled to some of the money. The cities that . got money back were very proud of themselves. They petitioned for the funds. We '. . should definitely try it. em. Barnes stated they learned a lot of great things at the conference in Sacramento. ..... ,......,........... .. Il1e~al Signs (400-30) Cm. Barnes stated she had noted that on Friday nights about 5 p.m., a whole row of real estate signs appear on Dougherty road for buildings not in our community. They disappear by 5 p.m., on Sundays. She asked that Staff consider this a complaint and look into enforcement measures. ......,....................'........,... CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 47 . ~,;: -. -. . .. Water & Sewer Connection Fees (960-10) Cm. Barnes stated she was upset in reviewing the Economic Development community update and hearing about another restaurant leaving town before they even get here. We will be the only city in the world that doesn't have any new restaurants coming in. Are our water and sewer fees so out of line or is this statewide? Cm. Lockhart agreed that this is a big issue that needs to be tackled. Mayor Houston stated this will be the number one topic at the liaison meeting next week. ,H'" HHHHHHHH4f""HH Report on U. S. Conference of Mayors 040-05) Mayor Houston reported that he attended the Mayors Conference in Washington, D.C., and he came back with a couple of good ideas. We are facing some of the same issues that big cities are facing. Some don't get it that money will not be forthcoming. He talked with the Mayor from Charlotte NC about truancy ordinance. They talked about transportation issues and ISTEA funding. There are donor and donee states. An adjustment needs to be made in order to get broader support. It will be good for California to keep more money here. Mayor Dailey of Chicago has some different school education reforms going on. Education is the foundation of the community. The whole idea of busing was endorsed in past years, but almost unanimously, the big city mayors feel this is a bad thing because you split apart neighborhoods. They have come back to seeing that neighborhood schools are the way to go. He and all the other Mayors got to meet the President and Vice President. He stated he appreciated the experience of being able to attend this conference. 0" HHHHHHHHHH+-'" ........---........" CLOSED SESSION 11:33 p.m. 10.1 (600-30) The City Council recessed to a closed session to conference with Labor Negotiator - City Negotiators Councilmembers Barnes and Burton - Unrepresented Employee: City Manager in accordance with Government Code Section 54957.6. REPORT ON CLOSED SESSION ACTION No action taken. ,HO HHnHuHu.._+, CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 48 .. " ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11 :40 p.m. . ---'.."+'."'.'.--'-.---"-------.-. Mayor A TIEST: City Clerk ;,. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING January 21, 1997 PAGE 49 '-.