HomeMy WebLinkAbout4.01 Draft Minutes 03-12-1996
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REGU~R MEETING - March 1 Z, 1996
A regular meeting of the Dublin City Council was held on Tuesday, March 12, 1996,
. in the Council Chambers of the Dublin Civic Center. The meeting was called to order
at 7:13 p.m., by Mayor Houston.
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ROLL CALL
PRESENT:
ABSENT:
Councilmembers Barnes, Burton, Howard and Mayor Houston.
Councilmernber Moffatt.
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PLEDGE OF ALLEGIANCE
Mayor Houston led the Council, Staff and those present in the pledge of allegiance to
the flag.
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1995 ORGANIZATION OF THE YEAR
7:13 p.m. 3.1 (610-50)
. Mayor Houston stated the nominees were: Dublin 4-H Club, Dublin Lions Club,
Dublin Little League, Dublin Sister City Association, Resurrection Lutheran Church and
Women's Club of Dublin. The winner of the 1995 Organization of the Year which
was announced at the reception held just prior to the City Council meeting is the
Dublin Sister City Association.
Mayor Houston read and presented a proclamation to Officers who serve on the Board
ci~A ' .
Tom McCormick and Chris Castelluccio accepted the proclamation. Tom stated he
accepted it on behalf of the President, Beth Howard. This is a remarkable organization.
They are also participating in the Dublins of the World event which win be in Dublin,
Ireland in the year 2000. Several members of DSCA who were present in the audience
were acknowledged.
Eddie and Pauline Breen and their daughter Sara were introduced and welcomed. The
Breens are visiting here from Bray, Ireland.
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ITEM No.ll
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~~~5 CITJZ.EN Of THE YEAR
7:17 p.m. 3.2 '(610-50),
Mayor Houston stated the nominees were: Wayne Barnes, Margaret Garlock, Mae .'
Hernandez" Eddie JO Mack and Adib Nassar. The winner of the 1995 Citizen of the
Year as-announced at the reception held just prior to the City Council meeting is Eddie
Jo Mack. ,
Mayor Houston read and presented a, proclamation to Ms. Mack
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Ms. Mack stated she was overwhelmed. She than'Kecrallo her' friends arid the City'of ., .,'
Dublin and the Women's Club of Dublin for this honor. '
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CONS,ENICl\LENDAR
7:21 p.m.' " "
On motion of Cm. Burton, Cm.Barnes, seconded by and by unanimous vote (em.
Moffatt absent), the Coun,eil took the,following actions:
Approved (4.1) Minutes of AdjoUrned Regular Meeting of February 21, and Regular
Meeting of February 27, 1996;
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Authorized (4.2 350-20) Staff to distribute a Request for Proposal for Consultant
Services (computer) to evaluate certain elements of the City's Information Systems
Master Plan;
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Accepted (4.4 600-30) improvements constructed under Contract 95-03, Sidewalk
Safety Repair (Grinding);
Accepted (4.5 600-30) improvements constructed under Contract 95-05, Dublin
Sports Grounds Renovation, Phase I, and authori~~_d r:etention payment of $15,548.30
to Jensen Corporation; =-- - -- - " "
',~uthorized (4.6 600-30) the Mayor to execute an amendment to the Municipal
Dispute Resolution Consulting Services Agreement with Dr. David Stiebel at no
additional cost to the City of Dublin;
Approved (4.7 300-40) the Warrant Register in the amount of $778,983.15.
Mayor Houston pulled Item 4.3 related to Mape Park from the Consent Calendar and
acknowledged two young ladies who wished to speak on this topic.
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Karen Vogel who lives on San Sabana Road and Kathy Mine who lives on Calle Verde stated
they wanted to persuade the City CouncI1 to include a bridge across Martin Canyon Creek.
They carried a large map drawing of the area and explained some of their reasons for
wanting a bridge. It is very slippery and wet,' there is a lot of glass and trash down there; it
would be a shorter distance; plus, the Nielsen kids have to walk around and a lot of ldds
don't like to walk. Lots of people walk their dogs and they just cut through and they get all
wet and it~ very gross. They got a petition and 22 households agree with them. A lot of
people weren't home.
Ms. Lowart stated the City CouncI1 is being asked to approve an agreement for a master plan
for the park tonight. There wI11 be neighborhood meetings held to get input from residents
and then they wHl go to the Parks & Community Services Commission and then to the City
Council for final adoption of a plan. Ms. Lowart stated Staff Wi'll be sure to let them know
when the meetings wI11 be held They will probably start within the next month. It may be
necessary to ask for more money for this item and/or other amenities in the park may have
to be cut back. It will also be necessary to talk with the other property owners about their
bridge proposal.
On motion of Cm. Howard, seconded by Cm. Burton, and by unanimous vote (Cm.
Moffatt absent), the City Council approved (4.3 600-30) a Landscape Architectural
Services Agreement with John Nicol & Associates, Inc., for the renovation of Mape Park
($15,800).
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VOLUME 15
REGULAR MEETING
... lVIarch ::12, ::1996 ...
P.A..G E ::1::12
PUBLIC HEARING - PROPOSED AMENDMENTS TO
TITLE 9 (SUBDIVISIONS) OF THE DUBLIN MUNICIPAL CODE
7:28 p.m. 6.1 (410-50)
Mayor Houston opened the public hearing.
Public Works Director Thompson presented the Staff Report and stated revisions to the
Subdivision Ordinance are primarily changes to bring the City's Ordinance into
conformance with State Law changes. There are other changes recommended by the
Consulting Engineers and Land Surveyors of California to ease the requirements for
filing a Vesting Tentative Map. = '=-C-, = -" ",' "
',Mr. Thompson referenced a letter from Pinnell & Kingsley, Attorneys representing the
'bublin Unified School District which had been received after the agenda was
distributed. They provided sample wording and recommended: 1) that a new section
be included in Chapter 9.36; 2) that Section 9.36.140 be modified; 3) that a new
Section F be added to Section 9.36.110; and 4) that Section 9.36.120 be amended.
Ms. Silver stated the City received a letter from Attorneys representing both the Dublin
Unified School District and also the Livermore School District expressing concerns
about Chapter 9.36. She prepared a letter which was in the packet responding to the
Livermore School District and she spoke twice to the Attorney representing the Dublin
Unified School District and explained that we are just trying to bring our Ordinance
into conformance with State requirements.
She stated she would explain that the provisions in 9.36 relates only to interim school
facilities and there are means available to finance permanent school facilities. The
Attorney for the Dublin School District indicated concern that developers could
construe Chapter 9.36 as exclusive requirement for payment of fees to mitigate school
overcrowding. She explained to him that she would clarify the various fees which
developers may be required to pay for schools. There are basically 3 types of fees
which developers may be required to pay for school facilities: 1) Chapter 9.36
provides the authority to require developers to pay fees for interim school facilities; 2)
Other provisions of the Government Code (Section 65995 - the Stirling Act) authorize
school districts to charge a fee, currently $1.84/ sq.ft. residential and $.30 sq.ft.
commercial) for permanent school facilities; and 3) The City Council may condition
approval of a legislative act (approval of a general plan amendment or rezoning) on
payment of school impact fees in excess of those authorized by the Stirling Act.
Ms. Silver stated the provisions of Chapter 9.36 relate only to interim school facilities
and do not preclude the imposition of fees by a school district pursuant to the Stirling
Act or by the City Council when approving a general plan amendment or a rezoning.
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Ms. Silver stated the Dublin School District's Attorney indicated that this explanation of
the City's ability to impose fees would satisfy the District and the comments in their
March 8 letter could be disregarded.
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She reviewed the letter from the Dublin School District and she did not feel the
changes and suggestions were necessary although she recommended that the City
Council make 2 minor changes, if the Council moves to adopt the ordinance: 1)
Change Section 9.36.110 to add "All information required by Chapter 4.7 and" at the
beginning of subdivision E of Section 9.36.110; anq ~tChang~Section9.36.1Z0 to
add "within the time periods specified in Chapter 4.7" at the end of Section 9.36.120.
These are non substantive changes and do not require the City Council to reintroduce
',the ordinance.
Cm. Burton felt all of this was very impressive, but asked if any of this will weaken our
position about Dublin students attending Dublin schools. He asked if we are opening
the door to negotiations.
Ms. Silver explained that the issue is funding of schools. It doesn't have anything to do
with students. She felt the concern from both districts was that everyone understand
that the provisions in the ordinance only apply to interim schools. She said she would
make the statement for the record. The Stirling act allows fees for interim schools and
the City Council has the ability to enact fees for permanent school facilities.
. Mayor Houston closed the public hearing.
Cm. Burton stated he would like to move for adoption of the ordinance and asked if he
could just refer to Ms. Silver's statement with regard to the changes.
Ms. Silver repeated the changes: 1) Change Section 9.36.110 to add "All information
required by Chapter 4.7 and" at the beginning of subdivision E of Section 9.36.110;
and 2) Change Section 9.36.120 to add "within the time periods specified in Chapter
4.7" at the end of Section 9.36.120.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (Cm.
Moffatt absent), the Council waived the second reading and with the above changes
adopted
ORDINANCE NO. 4 - 96
AMENDING CERTAIN CHAPTERS OF TITLE 9
OF THE DUBUN MUNICIPAL CODE
RELATIVE TO SUBDIVISIONS
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PUBLIC HEARING
PUBLIC FACILITIES FEE
7:38 p.m. 6.2 (390-20)
Mayor Houston opened the public hearing.
Parks & Community Services Director Lowart presented the Staff Report and stated the
cost of facilities to serve growth in Eastern Dublin are estimated to be $84.8 million.
Ms. Lowart reviewed the information contained in the Staff Report related to
Consistency with Planning Documents, Burden on- Exfstl'ilg taCiHii'es,Purpose of Public
Facilities Fee, Amount of Fee, and Fee Comparison.
';"Ms. Lowart summarized that the purpose of the public facilities fee is to finance
municipal public facilities to reduce the impacts caused by future developments in the
City of Dublin and Eastern Dublin. As indicated in the Eastern Dublin General Plan
Amendment and Specific Plan, the Parks and Recreation Master Plan, and other related
studies, future development in the City of Dublin and in Eastern Dublin will generate
the need for the facilities that are the subject of the Public Facilities Fee Justification
Study.
Ms. Lowart pointed out that the adoption of a public facilities fee which is applicable
to properties within the Eastern Dublin Specific Plan area will not preclude developers
from picking and choosing from the various financing options available to them.
Following adoption of the public facilities fee, administrative guidelines will be
prepared which will assist in implementing the Public Facilities Fee Program. It is
recommended that the City undertake annual and longer term (perhaps five year)
reviews of the program. The annual review, required by law, will verify that the
assumptions on which the fees are based remain generally applicable and will make
adjustments for inflation.
Ms. Lowart stated Government Code Section 65913.2 requires the Council to consider
the effect of a resolution such as this with respect to the housing needs of the region in
which the City is located. This resolution is one step in the implementation of the
Eastern Dublin Specific Plan which contemplates close to 13,906 dwelling units at
buildout, which will have a beneficial effect on the housing needs of the region.
Adoption of the public facilities fee is consistent with the General Plan and the Eastern
Dublin Specific Plan and will implement those plans. The Parks & Community
Services Commission has reviewed and approved the Public Facilities Fee in concept.
Ms. Lowart showed several charts, including one illustrating some sample fee
calculations. She advised that Sam Junkins with the Consulting Firm was present to
answer any questions.
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Cm. Burton questioned the annual review.
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Ms. Lowart stated by law we have to review it every year to make sure our calculations
are still valid.
Cm. Burton stated this bothered him because a developer cannot get a project through
In one year.
Ms. Lowart stated once a development agreement i~ a-f>proved,. thi~. is what they would
operate under.
)y1s. Silver stated the development agreement would be entered into typically at the
time of the tentative map and it would lock in the amount of the fees.
Mayor Houston commented on us being competitive and asked what others charge for
a fee as a whole.
Mr. Ambrose stated Staff attempted to do an analysis and got about half way through
and realized it was a fruitless effort. We attempted to do this, but did not have a lot of
success.
Mayor Houston stated he felt all the fees need to be looked at in the aggregate. It is
built into the plan that developers can make improvements. He asked if this in the
. plan or if it will have to be done in the future.
Ms. Lowart stated it says developers can make improvements. Once the fee is adopted
Staff will start working immediately on the administrative guidelines.
Mayor Houston stated he hoped this wasn't a maybe, but rather an option for them to
do the work.
Cm. Burton asked how the facilities proposed compare to the existing City facilities.
Are we adding an extra burden to the new area or is it the same?
Ms. Lowart advised that by law we cannot require new facilities to be constructed at a
higher level than our current service. She discussed existing deficiencies. There is a
deficiency that the City will need to fund and this was explained.
Pat Cashman, representing the Alameda County Santa Rita property, stated they have
people who understand how the nexus studies are put together. They take no
exceptions, but have a lot of questions and Ms. Lowart answered them very clearly this
last week and they understand the fee structure. They are concerned that it is high
and it will make the homes that much harder to sell. The needs, however, are very
.clearlY defined and they see no flaws.
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Cm. Burton asked if they are planning to put an assessment district together or load
the front in or reduce costs by reducing the size, or what? He stated he was asking
from a principle standpoint. .
Mr. Cashman responded this works dollar for dollar. Fortunately they own enough
property that when the park takes place in 3 or 4 years, this will bring value to their
property. A high quality level will create more value for them. They are taking a very
old fashioned approach because they own the land. They are trying to build
everything out of the proceeds of the land sales. They_ar~l!Yiflg to get this going and
are priming the pump. They are working with K&-B Homes. These fees will raise the
prices and make the homes more difficult for them to sell.
'em. Burton congratulated the County for stepping into the capitalistic world.
Mayor Houston stated there are tangible benefits to having these things. He questioned
how the County will be able to take advantage of this.
Mr. Cashman stated it will be piecemeal and they will be dealing with 4 or 5
developers. They have been looking for an opportunity to see if there could be enough
public facilities fee to work with implementation as there are tremendous economies to
working with one developer.
John DiManto stated he would pass and did not wish to speak.
Mike Maples, 6375 Clark Avenue, felt anyone who lives and works in Dublin dreams
of these things. We need to be realistic, however. We have to have a reality check. He
encouraged the City Council to look at the scope of things. They are concerned about
the overall fees. They suggested phasing the fees in over 2 or 3 years and the market
may be better able to absorb this. Their project is infill.
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Cm. Burton commented they are in existing Dublin and asked if this ordinance will
impact everyone who builds anywhere in Dublin.
Ms. Silver stated the fee applies to anyone building in Dublin; infill in existing areas as
well as in Eastern Dublin. It is not calculated though to include Western Dublin.
Cm. Burton asked about options with regard to how far they go and if they can put
some kind of progression in. His concern is he would like to have homes for people
who work in Dublin, and he realizes this is just one fee. We are over $30,000 now.
Mr. Ambrose pointed out that a lot depends on what the school district fee is.
Cm. Burton commented this is a lot of money for front end expenses. Do we have an
option in making this or does it lock us in?
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Ms. Silver stated the resolution includes a provision that this would be reviewed on an
annual basis. The City Council can review it as often as they want and adjust the fee
based on changes up or down. The fee is based on what it would cost to bring in all
the facilities listed. The developers are required to bring in a financing plan on how
they will fund the improvements. They could finance some through an assessment
district so that property owners end up paying the fee over a 15 or 20 year period of
time. A Mello-Roos District would be another way. The City Council adopted the
Specific Plan and the Park and Recreation Master Plan and those serve as the standards
and this report figures out how much it will cost to build the improvements to the
standards the City Council has established. The cIty C6urtcit can' a:lways change the
standards, but several documents would have to be amended.
Cm. Burton asked if we could predict where we will draw the line in a phase or if we
are locking in the total picture.
Mayor Houston felt all the projects will have to be phased to some extent.
Cm. Barnes felt the City Council had already established the high standards it wants to
see.
Mr. Ambrose stated the park implementation plan would be brought back to the City
Council in order to determine the phasing process. The numbers are based on our
actual experience; or a public agency's cost of doing business. Several developers feel
. they can do it for less.
Cm. Burton asked if different projects would have different ways of paying these fees.
Mr. Ambrose stated we will need to sit down with Dublin Unified School District and
DSRSD to determine what their zoals are for financing their costs. This is a means of
spreading the acquisition costs of parks for all development. He referenced the
impacts of stabilized land prices as indicated in the Staff Report.
Mayor Houston stated we don't have that many infill projects and there are not that
many parcels left. If we aren't including West Dublin, what is the nexus of thinzs
going on in East Dublin and existing Dublin. Is it fair that infill is going to be
charged?
Ms. Lowart stated when the fee was put together we looked at potential for developing
of land that was currently zoned for residential. We would need to look at this if their
project is approved. The infill projects actually buy into the existing facilities currently
in the City now.
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Mr. Ambrose reminded the City Council that we have a deficiency now and somehow
there needs to be some recognition of this. We need to see what their impact is on the
system. ~
Mayor Houston stated whenever some of the parcels begin to develop in town, there
has to be some fairness. Several parcels were referenced.
Ms. Lowart stated some of the properties have already been identified. Trumark
Homes is the only one where there is a different situaJion!1ght w?w.
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Bob Harris, 62 West Neal Street, Pleasanton representing the Jennifer Linn Company
'o{lsked for a continuance for a couple of weeks. There are some loose ends. Out of the
96 acres, they have 77 acres of excess park land. They would like to talk further with
the City regarding this, or have agreement that there will be a comprehensive review
of the fee within one year; not just a surface review. Secondly, make it very clear that
there is a possibility that the developers can build the facility. The language is vague
now. The developer might want to build a community building, recreation center, etc.
The issue that has to be addressed is the acres of land shown in the Specific Plan, but
there is 96 acres difference between the Specific Plan and our ordinance. This is the
land the City would have to purchase or somehow credit. They want to get a better
handle on this.
Mr. Ambrose stated when the City Council adopted the East Dublin Specific Plan, the ~
project being considered was a much larger plan and when we developed the land use ,.,
the parkland was 250 acres, but we no longer have an estimated 18,000 population,
so now there is about a 90 acre difference. The City Council didn't go back and
change the land uses when they adopted the plan.
Cm. Burton asked if a developer can develop the excess?
Mr. Ambrose stated the City Council would have to determine if they want to reserve
some of the land as a community park to accommodate future growth. They will have
to make this determination at some point in the future. He felt they would probably
come in with a development plan and calculate what their requirement is and how
much land is surplus and would probably come in and ask for an amendment to
convert it to some other use.
Mr. Harris asked for a continuance to the next meeting.
Matt Koart, K&B referenced a letter in the packet. They have no objection to paying
their fair share. They don't know yet what acquisition costs will be. Yearly updates
will not be of benefit to them. They request that we phase in the fee as there is plenty
of time to adjust. They also requested consideration of looking at joint use with school
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districts of parks. They will abide with whatever the City Council decides. He
complimented Staff for being so responsive.
. Ms. Silver stated land values are based on surrounding land use designations of sites
surrounding park sites. When you acquire parks, you have to pay fair market value
for that land. This is an educated guess because no one has a crystal ball. If we update
the report every year, we can determine more precisely what the land will cost that we
have to purchase.
Mr. Koart stated they do not know what the acquisition costs will be, So those builders
who pull permits early will be out of luck.
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Mr. Ambrose stated it certainly makes a lot of sense in looking at the County's
property, the residential units will not generate a need for 50 acres of park land. He
would anticipate that all the property would be dedicated whether it be valued at $1 or
$1 ~million.
Mr. Koart stated they have a very good relationship with the County. There will be no
battle or argument, but these items should be considered.
Mayor Houston felt the land prices are kind of like funny money.
Mr. Ambrose stated the people who don't have parkland will have to pay cash. We
. will have to take cash from properties that don't have land to dedicate and then buy it
from the ones who do.
Mark Stechbart, BIA representing home builders in the Bay Area Counties also urged a
continuance for 3 weeks. This was the first time he had seen the chart. With
$84,000,000 at stake, he stated he would like to be more informed and comfortable
with the information presented. He suggested that school facilities are available after
hours. This could be explored. The guidelines are what should be discussed in more
detail during a continuance. He would like to see a sample contractor memo of
understanding. He would like assurance that the builder has the first right of refusal
of a job. The fee credits should be discussed in more detail. He would like to see some
parameters and time lines. Compliance issues - he doesn't know what this means.
Assessment districts, Mello-Roos and certificates of participation will disappear
quickly. What is the total number of fees on these houses? These details need to be
ironed out.
Mr. Ambrose clarified that construction savings only include parks. These savings
estimates were derived from the private sector.
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Mr. Ambrose stated we are kind of the traffic controllers and he understands that the
school district, DSRSD and EBRPD has to come to the City because you can only put so
much burden on the land. It's what the debt ratio can be on the land.
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Ms. Silver stated there is a rule of thumb used by bond underwriters. Once you get to
that point, you cannot issue bonds.
Jim Parsons, representing Schaefer Ranch agreed that we need a continuance. They
are in western Dublin, but if we adopt a citywide ordjnance, a_s soon as they annex,
they are subject to the ordinance. They don't want to-have to come back and ask for
some special exception. They do not object to paying their fair share. Sixty percent of
':",their property will be in open space or some form of recreation. They are concerned
about this fee as they look at their fees which are approaching $50,000 and a lot of the
fees are square footage based. They are proposing very large homes. Clarifying
language would make them feel more comfortable in moving forward.
Mayor Houston closed the public hearing.
Cm. Burton felt this was complicated and he wasn't satisfied that they had heard all
the problems and what might be coming up. This is a long term project and he
recommended that this item be continued until April 9th to give Staff and the
developers time to answer some of the questions brought up and they can feel they
have been heard. This is too complicated without having more time to study it.
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em. Howard pointed out that Cm. Moffatt was absent also.
Ms. Silver stated if the public hearing is reopened and continued it would not have to
be renoticed.
Mr. Ambrose asked about specific issues Staff should address. The question becomes
do we delay a project?
Cm. Burton stated he did not hear people attacking the amount, but rather the decision
making process and how the fees are going to be assessed.
Mayor Houston felt the scope of work is something they are in favor of but some of the
ideas such as one year analysis and developers have the right of refusal of work. These
can be worked out in a 2 week timeframe. Other issues are far into the future. We do
have projects pending.
em. Burton stated he wants to be sure that everyone gets a chance to look at this and
has a shot at resolving it.
Mr. Ambrose stated the turn around time we may be looking at 4 weeks minimum.
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Ms. Silver stated within 2 weeks we can make it clear that the guidelines will make it
possible for the developers to build projects. This could be incorporated into the
resolution.
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Mayor Houston felt aquatic parks and libraries could be on the table for discussion.
Certainly no one will be doing the tenant improvements at the Civic Center. The
citizens could possibly get things done sooner.
Cm. Barnes asked why this couldn't come back ol1Jh~:March .?_6 IT).~eting agenda.
Mayor Houston reopened the public hearing and stated if Staff is ready, it can be
."~rought to the next meeting.
On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote (Cm.
Moffatt absent), the Council continued the item to the next meeting.
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PUBLIC HEARING - AMENDMENT TO CHAPTER 9.28
OF THE DUBLIN MUNICIPAL CODE - QUIMBY ACT ORDINANCE
9:05 p.m. 6.3 (390-20)
Mayor Houston opened the public hearing.
Parks & Community Services Director Lowart stated proposed amendments to Chapter
. 9.28 of the Dublin Municipal Code, the Quimby Act Ordinance pertain to the amount
of land to be dedicated, the calculation of in-lieu fees, and credits for open space and
recreational facilities.
Ms. Lowart stated since the Council continued the Public Facilities Fee item, this item
should also be continued.
On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote (Cm.
Moffatt absent), the City Council continued this item to the next Council meeting.
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EASTERN DUBLIN SCENIC CORRIDOR ADOPTION AND
EASTERN DUBLIN SCENIC CORRIDOR POLICIES AND STANDARDS
9:05 p.m. 8.1 (420-20)
Senior Planner Cirelli presented the Staff Report and advised that in order for the City
to be in compliance with the Eastern Dublin Specific Plan Action Program 6Q, the City
is required to officially adopt Tassajara Road, 1-580 and Fallon Road as designated
scenic corridors and adopt scenic corridor policies and review procedures and
standards for projects within the scenic corridor viewshed. The intent of these scenic
corridor policies and standards is to minimize the potential project development
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impacts of altering the character and obscuring the view of prominent ridgelines,
watercourses, and distinct landscape features, and altering the visual experience of
travelers on scenic routes in Eastern Dublin. .'
Ms. Cirelli discussed the Policies and Standards as well as implementation. Any
changes that are deemed not in substantial conformance with the document's policies
and standards would require City Council adoption of a resolution. Any minor
modifications would be subject to the Planning Staffs review and approval. Planning
Staff will make the initial determination of confon:nity. ~.
Ms. Cirelli discussed a request made by Mr. John DiManto (Dublin Land Company) for
.;.certain revisions. Following review, Staff concluded that Mr. DiManto's request did
not meet the intent of the Eastern Dublin Specific Plan policies and programs
regarding preserving scenic vistas.
Ms. Cirelli advised that the Planning Commission concurred with Staff and approved
the resolution recommending that the City Council officially adopt the 3 scenic
corridors and approve the policies and standards document.
Ms. Cirelli stated Linda Gates was also present to answer any questions.
Cm. Burton asked how they arrived at 40' for viewpoint Z. This is not a very high
building for commercial.
.
Ms. Cirelli stated the elevation that needs to be taken into consideration is the elevation
of that particular viewpoint. The highest the building could be without blocking the
view of the ridgelands would be that 40' setback.
em. Burton felt most of these hills will be built on. He has a problem if we are getting
like Livermore and stated he would not support this. He did not feel we have a view
there; these are just little rolling hills.
Ms. Cirelli stated our Specific Plan as well as the EIR did specify those ridgelands
which need to be protected. We have to comply with the policy in the Specific Plan.
Mayor Houston asked where the view is from, or from what point of reference is this
view taken?
Ms. Cirelli stated they would be taken from 1-580 as you drive either east or west as
well as the overpass at Fallon Road and then along Fallon Road up to the County Line
and up Tassajara Road up to the County Line.
Linda Gates showed some exhibits. Responding to a comment about soundwalls, she
stated hopefully a soundwall along there wouldn't happen because we have zoned it
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commercial. She explained that they used the Specific Plan as their guideline. The
Specific Plan identified certain ridgelands. They went out to the area to figure out
what is possible.
Cm. Burton asked if she had seen the plans for Tassajara Road. With all the trees
planned there, that is all you will see.
Ms. Gates stated the only view they are looking at is the view from the freeway. Once
you are down at grade, it will be a nice treatmenl~~ ~iI'eet ~g~. 'f~e restrictions don't
drop that far into the site. Any high rise or tower could block 25% of the view within
a cone area.
John DiManto requested that a display of their parcel be displayed and stated this is a
very impacting issue. He distributed maps to the Council. This study came as quite a
surprise as to the impact it could have on the adopted General Plan. The real view is
straddling Tassajara as you view Mt. Diablo. The better views are from the boulevards
parallel to 1-580. His problem is in marketing and people come to town and want to
see 2 or 3 sites. They bring someone in and they are shown all the restrictions. He
hoped the Council would keep in mind all the flexibility's they have discussed in the
past. Every problem we stack up tends to scare away the major tenants. People who
are big league players leave the area and go down the freeway. Some of these things
are so overburdening and frightening. The real beautiful view is of Mt. Diablo. Over
. 2500' of their frontage is a scenic corridor, but not of Mt. Diablo. If this remains, they
will not be able to set anything higher than a cereal box there. If this is passed, he
would request that the property be condemned as undevelopable.
em. Burton asked if based on our previously passed General Plan we have to do this?
Ms. Silver stated these policies and standards are required by the Specific Plan and
requirements are indicated in the Staff Report.
em. Burton asked what would be involved to change this.
Ms. Silver stated they would have to change the Specific Plan as far as designating
those particular roads.
em. Burton stated this is commercial property and this bothers him. We are trying to
accommodate a verbal layout and it doesn't make any sense to shut off major
commercial property along the freeway.
Ms. Silver stated they have discretion with regard to the policies they adopt. They can
interpret this.
.
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Mayor Houston stated he has problems with having a view from the freeway from
moving vehicles. What are we really accomplishing with this? It makes a lot more
sense back in the hills, to save some of these areas. We want the most intensive .
development along the freeway which brings in revenue for us. He would like to look
into an elevation to save the true views, but the standard from the freeway is not the
best way to protect.
Ms. Cirelli stated the Specific Plan and the EIR did do an analysis of the scenic vistas
and basically it was concluded that there is a rur&ch~~acter that, publin should try to
protect. The distant ridgelands are what we want to protect to preserve this rural
character. We should be sensitive to grading, topography, etc. She and the consultant
.~really worked hard to make sure there weren't restrictive policies, particularly in this
area.
Ms. Silver referenced Policy 6-30 of Exhibit C, ''Structures built near designated scenic
corridors shall be located so that VIeWS o/the backdrop ridge (identified in figure 6.3
as "visually sensitive ridgelands - no development'') are generally maintained when
vkwed from the scenic corridors'~ The City Council would have the discretion to
change the percentage to 30/70 if they wished.
Cm. Burton asked if they would be accomplishing the objective by having trees along
the scenic corridor?
Ms. Silver stated this policy relates to development on the ridgelands, and, the public is .
supposed to be able to see the ridgelands along certain corridors.
Cm. Barnes pointed out they have plans and have worked many, many years on
preserving the beauty of the hills. Filling this area with ugly buildings and not
preserving the views is of concern to her, particularly with all the work and statements
that have been done in the past. We really have to be sensitive to what we are
building in the future.
Mayor Houston felt whatever is built on this property, the City Council will have the
same sensitivity on front and back visual impacts.
em. Barnes said we have said preserve the natural and open beauty of those hills.
Where do we go to see those hills? We don't want a New York skyline.
Cm. Burton stated this sounds good, but he was also concerned about restricting
opportunities for our community.
Cm. Barnes felt we should not give carte blanche and give things away just to bring
money into the City. People will come to Dublin or to any other beautiful community.
They will know the guidelines.
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Cm. Burton stated he was not for having the scenic corridor restrict the development
until he sees what the development is. Tassajara will have wall to wall trees. He
. would like to see a different approach.
Cm. Barnes made a motion, which was seconded by Cm. Howard to adopt the
resolution. This motion was defeated due to NO votes by Cm. Burton and Mayor
Houston.
Mayor Houston stated he was not happy with this._eitb~r.~e h.ave protected the hills.
We will look at other projects on an individual basis. The hills are not being built on
and this is what's important.
On motion of Cm. Barnes, seconded by em. Howard, and by unanimous vote (Cm.
Moffatt absent), the Council agreed to continue this item to a future meeting.
............
,A~
._........_..~ ."..".."....", ..
CONSIDERATION OF REQUEST TO INITIATE A GENERAL PLAN
AMENDMENT TO REPEAL THE RENTAL AVAILABILITY ORDINANCE
9:54 p.m. 8.2 (420-30)
Senior Planner Carrington advised that the purpose of the Rental Availability
Ordinance is to provide rental housing in the City by requiring 10% of the total
. number of units in all new multi-family projects of more than 10 units be maintained
as rental units for a period of 5 years. The obligation to provide rental units may be
satisfied by an applicant's payment of In-Lieu Rental Fees.
Mr. Carrington stated Kaufman & Broad submitted a request that the Rental
Availability Ordinance be deleted from the City's Housing Element of the General Plan.
Mayor Houston stated he was sad to see that some of the data they got at the joint City
Council/Planning Commission meeting was not included in the Staff Report. This data
was to have been verified by Staff. We have 20% or more rental units now. He
favored giving direction to delete this ordinance. Our goals have been met by the
market and there is no reason to have this in the future. We should initiate the study.
On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote (Cm.
Moffatt absent), the Council agreed to initiate a General Plan Amendment to amend
the Housing Element of the General Plan to delete references to the Rental Availability
Ordinance and directed preparation of an ordinance repealing the Rental Availability
Ordinance.
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PAGE 126
SLIDES ABOVE JADE CIRCLE AND CROSSRIDGE ROAD
9:59 p.m. 8.3 (Added) (550-10)
Public Works Director Thompson stated in accordance with City Council direction, .
Staff issued a Request for Proposal and the City contracted with Berlogar Geotechnical
Consultants to conduct a study of the slopes above Cross ridge Road and Jade Circle on
the east and west sides of the Dougherty Hills open space so that a Capital
Improvement Project to repair and mitigate the slides could be developed for the
1996-97 Fiscal Year.
Mr. Thompson stated a meeting was held with the property owners alonz Crossridge
Road and Jade Circle late last week. The property owners expressed various concerns/
';requests. "1) The contracted soils investigation work is limited to the existing slide
area problems and will not address the entire length of the slopes. There was concern
that there may be potential problems with other areas of the hillsides. The request is to
extend this soils study to cover all of the Crossridge Road slope. 2) Concern was
registered that if the City does not accelerate the timing of the prqject, the repairs
could run into next winter. The request is to do the design work and go to bid this
fiscal year with construction beginning in JUly. 3) Extensive underground water is
entering the yards of the homes along the toe of the slopes and that the subdrain may
not be working. The request is to check the subdrain for blockage. With respect to
this item7 the subdrain does run through private property, and it would be the
property owners' responsibility to make any needed repairs or work with the developer
to make repairs, if needed 4) There might be a settlement in a portion of the Vee ditch .
above Crossridge Roac4 and the capacity of the Vee ditch may be insufficient to carry
the runoff because of the length between downdrains. It was requested that further
investigation be done on the concrete ditches and that improvements be made to these
ditches. "
__ ......._~ .-_" .. ~ "II
Mr. Thompson stated Staff had obtained consultant fee estimates from Berlogar
Geotechnical Consultants and from Santina & Thompson for the above work, with the
following results:
1) Berlogar Geotechnical Consultants - to extend the geotechnical work to cover the
rest of the Crossridge Slope: $10,000 to $15,000
2) Santina & Thompson - to provide a study for the Vee ditches - $5,000; to provide
engineering plans and specifications - $14,000
3) Cost to televise the subdrain (DSRSD has agreed to allow us to use their unit at no
cost) - $ -0-
4) Staff time to coordinate this work - $5,000.
Total - $34,000 to $39,000
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Mr. Thompson stated Staff agreed that it would be beneficial as far as timing is
concerned if the project could go to bid this fiscal year in order to allow additional
. time to complete the repair. Staff will proceed with televising the subdrains, but if
they are blocked, it will not be possible to get past the blockage.
The original grading plans were displayed.
Cm. Burton commented that this is sure ratcheting up and it's a lot of money just to
study this. -=-- -,":~,,=- --
Cm. Howard asked how you televise a drain.
Mr. Thompson explained the process of how this would occur.
Mayor Houston clarified that Staff was recommending that they move the bid up and
check the subdrains.
Mr. Ambrose stated Staff would still have to bring back the engineer's estimate and the
scope of the project. The developer's liability would also have to be looked into.
Janine McCune thanked Mr. Thompson for inviting all the homeowners to the
meeting. This was a very useful step. She was concerned with item 5 that the
maximum dollar amount is $39,000. If it turns out to be higher, she urged the City
. Council to consider the total. Crossridge Road looks horrible and the City Council
earlier was discussing the views of the rolling hills. Since the hill was engineered and
graded incorrectly and somebody approved it 8 years ago, all she cares about is that
it's fixed and fixed this year before the rains start again. This would be no later than
September. She feels her safety is involved and we need to fix those 4 slides
immediately. Hydroseeding the hill, which the engineer spoke about last week, will
eat up at least $5,000. This situation is definitely affecting their real estate values. It is
becoming tiresome looking at the tarps. If the City goes after the developer, that is
between the City and the developer, but they need to get this fixed.
The City Council clarified that the $39,000 is on top of the $27,000 already approved..
Lethal' De Temple, commented on recommendation 5. He thanked Mr. Thompson for
the meeting last week. He felt this could be a very large expenditure, even six figures
to fix this problem right. We should not back into the solution by saying we have only
$50,000 or whatever the amount is. This could go into a considerable sum.
Greg Pallotti, reiterated his comments sent in letters to Mr. Thompson. They are lot
#129, which is near the V-ditch. Their swimming pool has been filled with mud. He
felt the V -ditch has settled over the years and the water now cascades down. In
addition, there are several cracks and holes that have not been repaired. He
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understood that they pay for maintenance of the hill. Weeds have grown through the
cracks and the water goes through and this exacerbates the problem. There are more
than just the slide areas to consider and that is why they asked that the project be .
expanded.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (Cm.
Moffatt absent), the Council approved the appropriation of $39,000 and directed that
Staff proceed with the Options defined in the Staff Report.
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OTHER BUSINESS
'~'10:18 p.m.
Upcoming Meeting Reminders (610-05)
Mr. Ambrose reminded the City Council to bring their disaster plans in so they can be
updated.
Mr. Ambrose reminded the Council that Dublin is hosting the Alameda County
Mayors' Conference tomorrow night at Frankie, Johnnie & Luigi, Too restaurant.
Mr. Ambrose advised representatives of a DSRSD Liaison meeting at 7:30 a.m., on
March 15.
Mr. Ambrose advised that there will be a DRFA meeting on March 18 at 7:30 p.m.
.
Mr. Ambrose reminded the City Council of the upcoming joint City Council/Planning
Commission meeting on March 19 related to affordable housing.
Cm. Burton noted he had an appointment already on March 19 that can't be changed.
Mr. Ambrose stated there will be a March 20 David $tiebel meeting with Pleasanton.
...........................'+............................
Joint Meetings (610-10)
Mr. Ambrose reported that he had received a call from the Dublin Unified School
District and they would like to schedule a joint meeting on either Saturday morning,
March 30 or Tuesday, April 2 in the evening to discuss the school issue.
The Community Development Director is also recommending that the City Council/
Planning Commission have a joint meeting on the Schaefer Ranch project as early as
possible. April 2 is a possible date or it could be tied to a regular City Council meeting.
They will need a couple of hours maximum.
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Mayor Houston stated March 30 was not good for him.
The City Council felt that April 2 is best for the school district meeting. It would be
held over at the school district offices.
.
Cm. Barnes stated that wouldn't be a good week for her, but she could possibly change
things. She asked what time the meeting would start, if it would be 7:00 p.m.
Mr. Ambrose stated they did not give him a starti!!g ti!lle=-.- . ,
The City Council indicated it would prefer a 6:00 p.m. starting time.
'With regard to the Schaefer Ranch issue, the Council stated Staff should shoot for April
9. Staff will check to see if this is workable for the Planning Commission. April 23
would be an alternate date. Cm. Howard stated she won't be here then.
.,..,"',..,.,......,...,...+.,....,."..,',......,..".
S1. Patrick's Day Parade (950-40)
Cm. Barnes asked what they are doing for the parade.
Cm. Howard said they could either ride in a car or walk.
.
Cm. Barnes stated they could hand out Dublin Pride bags. The City Council will all
walk together.
The parade starts at 9:30 a.m. The pancake breakfast starts at 7:00 a.m.
..'...."...+......"....'.....'.......
Dublin Pride Week (150-80)
Cm. Barnes stated we will soon have all our Dublin Pride things out. We have
sunglasses, cups, an art contest and there should be a lot of involvement. Groups are
already starting to plan things for next year.
'----".............,+~......
Citizen of the Year (610-50)
Cm. Howard requested that Staff make reservations for Eddie Jo Mack to attend the
Chamber lunch next week.
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San Ramon Road Banner (270-20)
Cm. Howard asked if the banner over San Ramon Road was ruined by the wind today. .
Ms. Lowart stated she would follow up with Public Works to determine the damage.
.".,.,."'.'a.',..'"..ww.".+ "''''''~''m''''.....w,w.
City Limit Sign (400-30)
~ :=-"=-. ."~ . "II
Savannah Blackwell, reporter for the Valley times reported that the Dougherty Road
City Limit sign is upside-down.
'.
~;...,I
Staff was directed to look into and correct this.
A
L.............................'V........'.......................
Fund Raiser (610-05)
Cm. Howard passed out certificates to Lucky's and stated on purchases made between
March 11-13, 1996, Lucky's will donate 3% of the sales to the Dublin High Grad
Night Committee. She encouraged everyone to go and shop the following day.
..,..,""',..,..........,..+....,.,"",.,."..,......
Publicity (950-40)
.
Mayor Houston asked if it would be possible to get some public service announcements
about the St. Patrick's Day celebration on the Nissan sign.
Ms. Lowart stated she would follow up with Mr. Reuel on this.
..,""""',.,',.,"',.,.,.,.,""""'...,',.,.,.w.','.','.'.'.'.'.'.',',',',...,""
Tour of New Animal Shelter (500-80)
Cm. Barnes thanked Paul Rankin for coordinating the Animal Shelter tour today. They
all went to the dogs.
...........,....,........ ..,............,....
City Council Reception (610-05)
The Council thanked Kay Keck for all her work on the reception just prior to the City
Council meeting for the Citizen and Organization of the Year nominees.
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P.A..GE 131
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Mayors' Conference Entertainment/City Song 020-50)
.
Mayor Houston thanked Kay Keck for arranging the entertainment for the Mayors'
Conference meeting which Dublin is hosting tomorrow night. Steve Stewart will be
there and he will sing all the city songs he has created. These include songs for
Fremont, Union City, Livermore, and of course, Dublin.
.' ...'+.. ........'....,.......
ADJOURNMENT
11.1
There being no further business to come before the Council, the meeting was
..~djourned at 10:39 p.m.
..~. ,\.
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Mayor
A TrEST:
City Clerk
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