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Home My WebLink About4.01 Draft Minutes 12-27-1994 - . . REGULAR MEETING - December 27, 1994 A regular meeting of the City Council of the City of Dublin was held on Tuesday, December 27. 1994, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:32 p.m.. by Mayor Houston. * * * * ROLL CALL PRESENT: ABSENT: Councilmembers Burton. Moffatt. Barnes and Mayor Houston None **** PLEDGE OF ALLEGIANCE Mayor Houston led the Council. Staff and those present in the pledge of allegiance to the flag. **** OATH OF OFFICE (640-601 City Clerk Kay Keck administered the Oath of Office to newly elected Council member Barnes. Cm. Barnes stated she was honored to be seated as a Council member. She commented that she sat in the same chair she occupied for many years on the Planning Commission. She thanked the voters for their support. She stated her telephone number is published and her mail box is open to all residents. She urged people to keep in touch with her. ... Several family members and friends who were present in the audience were introduced. * * * * CLOSED SESSION ADDED TO AGENDA (640-301 On motion of Cm. Burton. seconded by Cm. Moffatt. and by unanimous vote. the Council added a closed session item to the agenda. The closed session was added as Item 10.1 pursuant to Government Code Section 54956.9(b)(1), relating to litigation (640-30). The Council found there was a need to take immediate action to hold a closed session prior to consideration of adoption of a traffic impact fee and that the need to hold the closed session arose after the posting of the agenda. The existing facts and circumstances on which this motion is based are set forth in Government Code Section 54956.9(b)(3)(A). as well as written correspondence received today from ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 368 ---------------------------------------------------------------------- ITEM NO. 4~j_ COPIES TO: _00'" .<',"'~"""',;. ,,' -... /~7-.. e e Cassidy & Verges (representatives of property owners in North Pleasanton), Allwin Development and Reynolds & Brown. This m()tion was made pursuant to Government Code Section 54954.2(b).' ,_i .,' - At 6:37 p.m.. the Council recessed to closed session. At 6:55 p.m., the Council returned from closed session and the Mayor announced that no action was taken. * * * * INTERVIEWS OF CITY COUNCIL APPLICANTS (610-30) Mayor Houston advised that he had talked to several cities about processes they have used and decided that there was no clear right or wrong way of going about this. He advised that the City Clerk would draw the names at random and each candidate would be given about 5 minutes to speak and then the Council could ask questions. The Council discussed the procedures and determined that each individual would be given a specific time limit to address the Council. Mayor Houston stated it was his intention that if a person is selected that they be sworn in immediately. Fourteen individuals completed and submitted applications to the City Clerk by the deadline of 5:00 p.m.. December 22, 1994. All applicants were sent a copy of the Staff Report along with a letter advising them that the Council would be conducting the interviews at this meeting. The City Clerk placed the names of the applicants in an envelope and randomly drew the names in the order that they were to be interviewed by the Council. 1) Gloria Husick/Hoxsie, 8051 Brittany Drive 2) Lisbeth Howard, 11782 Dublin Green Drive 3) Marjorie LaBar, 11707 Juarez Lane 4) Timothy Sheckler (Not Present), 7775 Tuscany Drive 5) Ralph Hughes, 7581 Brighton Drive 6) Tony Oravetz, 7748 Squirrel Creek Circle 7) Nancy Anne White, 11623 Castilian Court 8) Betty Heller, 7211 Burton Street 9)" Bob Fasulkey, 7776 Topac Circle 10) Karen Jacobs, 8325 Rhoda Avenue 11) Bill Foster, 8171 Brittany Drive 12) Lorri Faile, 7462 Brighton Place 13) George lika, 8046 Peppertree Road 14) Janet Lockhart, 8136 Creekside Drive ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 369 e . Following the interviews, Cm. Burton stated he had gotten a number of calls from people wanting to know how Ms. Lockhart could serve on the Chamber and be on the City Council. There might be issues that involve businesses that are not necessarily Chamber members. Ms. Lockhart stated she looked at the Chamber as being a helping hand to the City. She felt the Chamber's goals and the City's goals are pretty much the same. She explained that if it were to be a stumbling block to the community, she would view a position on the City Council as being more of a commitment on her part than being President of the Chamber of Commerce. If would not be difficult to fill the position of President on the Chamber Board. It's more of a "glory perk" that was given to her after having worked on the Board for 7 years. She stated she was prepared to resign as President if she is selected. Cm. Moffatt expressed concerns over what might be perceived as a conflict of interest on the part of Janet Lockhart. He felt she was jeopardizing the position of President of the Chamber. She has control over the money they make and the decisions they make, etc. He felt there was a huge conflict of interest. Mayor Houston stated members of the Council are all members of various clubs and stated he did not see where any conflict existed in any way whatsoever. He asked Ms. Silver to comment. Cm. Moffatt pointed out that he is not an officer of the Lions Club and Mayor Houston is - not an officer of the Rotary Club. They would have to abstain from discussion over any item involving the clubs if they were on the Board. City Attorney Silver stated as a Board member oran officer of a non-profit corporation, she would have to disqualify herself from participating in or taking any action where the City was contemplating entering into a contract with the Chamber of Commerce. She would have to disclose it and disqualify herself. The same would be true if any other Council members were members of a Board and the City was contemplating entering into a contract with one of those organizations. Mayor Houston pointed out that in the past, members of the Council have served on the Board of the Dublin Fine Arts Foundation and have had to abstain from voting. He did not feel this had caused any problems. Ms. Lockhart stated as President, she does not even have a vote. She does not lead the discussions and only votes if there is a tie. Tom McCormick stated as a member of the DSRSD Board, he supported Janet Lockhart. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 370 ~ e Joellen King spoke in favor of Lisbeth Howard. . Leslie Roe spoke in favor of Janet Lockhart. A man who did not identify himself for the record spoke in favor of Janet Lockhart. Bill Brownell spoke in favor of Janet Lockhart. As the next step in the process. each Council member wrote the names of two individuals to participate as finalists. The slips of paper were given to the City Clerk. Mayor Houston agreed and stated he would be personally tracking these 14 people down in two years to remind them that we need more people involved in the community. There will not only be Council positions open, but there are task force openings from time to time, etc. These openings provide people with the experience and also help to get them known in the comm'unity. The City Clerk announced that Mayor Houston selected Janet Lockhart and Bob Fasulkey. Cm. Barnes selected Lisbeth Howard and George lika. Cm. Burton selected Beth Howard and Janet Lockhart. Cm. Moffatt selected Lisbeth Howard and Ralph Hughes. Cm. Burton stated he didn't know if there were first and second choices, but brought up the fact that since Lisbeth Howard had gotten 3 votes, she should be appointed. Mayor Houston felt this was just a reduced finalist list consisting of 5 people and stated he had further questions he wanted to ask the finalists. Mayor Houston asked if the other Councilmembers had any questions for the finalists. No one had further questions. The Mayor then stated he would like to question each of the 5 finalists for their views and positions on several topics. including: 1) City Funding for CTV 30; 2) The Need for a Business Commission; 3) Reporting Structure of the Heritage Center Advisory Committee; 4) Toll Road Concept; 5) Youth Activities; 6) Fireworks Sales in the City; 7) Term Limits. LISBETH HOWARD Lisbeth Howard stated she did not feel the City should continue to fund CTV 30 and should let them get on their own. It should be done gradually, however. She found herself in a very touchy situation, being a board member and also being on the Council. She did have to support and fight for the money for their budget, and this put her in a touchy situation. She would recommend that in the future we not have a Council member on the CTV boord in order to not have this conflict. ***************************************************************************************************** . , CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 371 e . Mayor Houston asked if she was the only Council member on that board. Ms. Howard stated the rest were community members selected by each city and some at large. Ms. Howard stated on the topic of the Economic Development Manager and Business Commission, she felt it was important to give the person a chance to see what is needed. He might want a Commission like this or we may find that we don't need him but we need a Commission. It will all stem on what's going to happen in the future when we see what the person will accomplish. Ms. Howard felt the Heritage Center Advisory Committee should be under the Park & Recreation Commission. The Council should control what's going to happen at the Heritage Center because the City is putting money into it, but the Committee should not be a separate body reporting to the Council. Ms. Howard stated as a former School Board member, she felt there was opportunity for the City and School District to work together with a very good partnership. She felt the liaison committee should be doing a little more and actually sit down and discuss the issues. She was interested in pursuing the issues surrounding the Joint Use Agreement. She felt they had worked well to get agreement related to the crossing guards. That shows we can work effectively with them. We can work with them to find out if we need teen centers. what kind of programs we can fund that they can't, issues like that. Mayor Houston asked if she was happy with the way the crossing guard situation was now. Ms. Howard pointed out that a year ago, she was the only one that voted for crossing guards. On the City's current policy to allow the sale of fireworks in the City, Ms. Howard stated she would rather see us have the sale of fireworks in the City than to let the kids come into the City with illegal ones. Working with DRFA, she has learned that almost all fires are caused by the illegal ones. Kids tend to go to areas where they can hide and not get caught. The sale brings money into organizations that they put back into our community. Mayor Houston asked for her thoughts on term limits and if she thought Dublin should consider an advisory measure on the ballot like Pleasanton did. Ms. Howard said she would just as soon put it on the ballot to see how people feel about it. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 372 e e , Mayor Houston asked her opinion on the toll road and whether it's public or private, and if this is a possibility to solve some of the traffic problems in the area. Ms. Howard stated until more details were available such as how it would be run, where it would be, etc., she did not want to make up her mind. BOB FASULKEY Bob Fasulkey felt that considering the fiscal constraints that must be dealt with, CTV 30 funding would be one of the first things he would let go of. Mayor Houston commented on the project Mr. Fasulkey had worked on with his homeowners' association and the partnership situation with the City. He would like to see more partnerships like this with the School District for the benefit of young people. He asked what types of programs and facilities Mr. Fasul~ey would like to see. Mr. Fasulkey stated he had followed the discussion of a teen center over in Livermore very closely. Some of the Principals are acquaintances of his. He would take a half step back and observe how they go through the process a little further. You have to look at the issue of responsibility; how much should fall on the City and how much should fall on the shoulders of either the School District or youth organizations here in the City. He works with the Boy Scouts and felt the responsibility needs to be shared. We need to make sure we have those organizations in place to take some of the responsibility. He would wait and look at the Livermore group to see if they set some' precedent. Mayor Houston asked if he was interested in two years in running for a full term of office. Mr. Fasulkey stated yes, it sounded appealing. Mayor Houston asked if he thought the Heritage Committee should be under the auspices of the Parks & Community Services Commission or a separate body. Mr. Fasulkey stated certainly the Heritage Center represents a large piece of Dublin as a community and establishes our identity as a historical City that cares a lot about its history. The more we can bring this into the venue of the City, the more we can do in terms of leverage. Mr. Fasulkey stated he thought a lot of false promises come with toll roads. He would have to challenge very heavily any discussion and agreed with Ms. Howard that there isn't enough information out there today. He would be very critical of information as it is released as he felt there were a lot of false promises that come with that type of establishment. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 373 e e Mr. Fasulkey felt the issue of the sale of fireworks was a tough one. It certainly generates a lot of revenue for a lot of non-profit organizations. In his own judgment, he felt the level of fireworks that are sold are a fairly safe and controlled situation. More hysteria seems to be generated than is absolutely necessary'i He felt they are safe and should be continued. With regard to term limits being put on the ballot, Mr. Fasulkey felt that from a Council position, this was a decision that citizens should really make, and if a citizen is willing to come forward and have that placed on the ballot and champion the cause, it would certainly deserve consideration. He would probably support it, but questioned if it was necessary for a Councilmember to make that decision today. He did not think so. Mayor Houston stated whether real or perceived, we have had sub-par relations with some of our neighboring cities and agencies and he asked Mr. Fasulkey how he thought he would fit in as far as helping solve some of these problems and be a facilitator. Mr. Fasulkey stated he hoped he had demonstrated how he gets along working with agencies. Pleasanton has certainly had its difficulties with Dublin. He thought one of the best things we could do as a City is to communicate more freely and openly to make sure that we don't have agenda items that aren't necessarily published agenda items. We need better communication with the City of Pleasanton specifically. GEORGE llKA Mayor Houston asked how he saw himself as a facilitator in working with neighboring communities. Mr. lika referenced a job project where he had to negotiate between the American Petroleum Institute and the Petroleum Markers Association, the IRS, 'EPA and FAA to get a color on the die of the diesel that wouldn't impact on FAA regulations and EPA regulations and wouldn't upset everyone else. Bringing all these people together and convincing the IRS of the way the regulations had to be written was a tough project and getting everyone to buy in took good mediation. He felt Dublin could do a lot more direct talking if we don't have hidden agendas. He doesn't deal well with hidden agendas. He feels very strongly about dealing directly with people and saying this is where we can compromise and this is where we can't. If we can reach agreement fine, and if we can't, then sorry, we'll have to go to court. You can compromise so far, but there are certain things you just can't compromise on. Pleasanton has had its problems. He did not feel Dublin has had the problems; we have not lost the cases. Mr. lika stated he did not have a big problem with the sale of fireworks in the City. It raises a lot of money for a lot of organizations. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 374 e Mr. lika stated he liked term limits. e Mr. lika commented on the subject of CTV 30, other than the Mayors' Report, and maybe the 580/680 News once in a while, this was all he really gets out of it. He agreed with the previous speaker that this would be one of the first things to cut when we're short of money. Mr. lika stated the little bit that he knew about the toll road situation, he did not believe the money figures. He thought it would cost more than they think and did not feel that it would ever pay for itself. He would not be in favor of this and did not feel it would be a solution. It would not do anything for us. Mr. lika felt the joint use agreement with the School District was very definitely a good idea. This may be an'alternative for the teen center. He cautioned, however, that we should go out and look at ones that work and have had at least 2 or 3 years of success, " rather than just start throwing money and creating programs because someone has a good idea and it sounds good. He did not feel we always have to be out in the lead or on the edge; some of those people fall off. We should follow someone who has a proven program. Mr. lika felt the Heritage Committee belongs under the Parks & Community Services Commission. JANET LOCKHART Ms. Lockhart felt with regard to the Heritage Center Advisory Committee that Diane's leadership in turning the Heritage Center over to the City had been exemplary and as a member of DH P A she appreciated the way the City worked with them on seeing that this happens. Her one concern was not throwing out the baby with the bath water and simply because the City is taking over the project, !'osing the input and wisdom of a good group of people that have been involved in the Heritage Center in keeping it alive for a long long time. She would like to see some consideration given to some kind of an advisory group that would work with Parks & Community Services and would take advantage of the long history that people have committed time and energy over the years to the Heritage Center and making it what it is today to give to the City. Ms. Lockhart stated with regard to Channel 30, Mayor Houston had probably come across one of the biggest fans of CTV. On a personal level, she gains a lot by watching CTV 30. It is one of the very few very open and very honest communications within the Valley. She takes advantage of being able to sit at home and watch the Pleasanton City Council meetings and to see what's going on over there and why they are saying the things they are saying and doing the things they are doing. As a public entity, perhaps it needs some kind of support to remain public and not private. On the other hand, with all that's happening with networking and programming in television, there ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page ~75 e e will be some real good changes coming down the line. Community TV, like everybody else, has to get on the self-serving bandwagon and try to figure out how to become self-sufficient. That would be a real good job for the cities to cooperate on, to wean them from city funds and into some kind of a situation where the community can actually support the programs that they want. This could be through membership or all kinds of fund-raisers, etc. Others have done it. Ms. Lockhart stated she lives by the principles of respect and communication and being able to listen to what other people are really trying to tell her. With regard to relationships with our neighboring cities, we need to take it slow and we need to really listen to where the communities are coming from and not get defensive immediately and not take a stand that later on we can't bend on. Listen carefully, give them the respect of listening to what they have to say, give it the consideration that it needs, and then stand firmly on our decisions. While our decisions affect the entire Valley, w.e are most responsible to Dublin citizens. Ms. Lockhart stated with regard to the sale of fireworks, a lot has been quoted with the dollar value. While she agreed, having served with an organization that was certainly able to give a lot more back to the community because of working fireworks booths, from a different perspective, to her the 4th of July is fireworks. It is a celebration not just of our City, but of our Country and it is something that has always been done and something that we can't take from the people simply by telling them they can't have it. We have found a mechanism in our community to provide safe fireworks; fireworks that have never caused a fire in the City of Dublin. People are allowed to go out in their driveway and allowed to have their street blocked off legally and do their fireworks in a safe and sane manner. If surrounding communities looked at it in fhat way, instead of as a threat, they may find that there are a lot of positives to allowing people to celebrate this way. She has a lot of personal pride in the fact that Dublin has stood strong on this issue. It has not hurt one Dublin resident having safe and sane fireworks. On the issue of term limits, Ms. Lockhart stated she did not have a problem with an advisory vote on the issue. She felt it was a good idea for everyone going in to know what the rules are. This promotes the ability for everybody to be up front about where they are coming from, what they have planned, and what their m'otives are. She agreed with Bob that this is an issue that should come from the community. If the community is interested in an advisory vote on something like this, she would certainly support citizens rights to do that. Ms. Lockhart stated as a Chamber of Commerce Board Member. she had sat through a couple of presentations related to the toll road. She noticed that there had been quite a swing in attitude. She felt that down the road, there will most likely be a toll road running through this Valley. We can look at it as something to fight and worry ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 376 _ It about, or we can look at how it can best serve our Valley. She thought that having a toll road that runs north and south and which keeps big trucks off of the 1-580/1-680 Interchange would be very beneficial to our community in the future. There is still enough positioning that will happen on the whole issue and a lot of the issues that people are afraid of right now will be resolved. The contract with the toll road company will be a lot stronger than it started out to be. She felt safeguards will be built in that will protect us. We cannot just turn our backs on the whole concept. With regard to working with the School District, Ms. Lockhart asked what better place to start than with the experts; the kids in the community. The main focus of the School District is on the youth. She has a lot of respect for the people over there. She has . attended numerous School Board meetings and definitely sees the need for a good strong liaison committee. In the process, there has been some misunderstandings in the past about the agreements. She hears two different sides to the same issues. This is one of the issues that really needs to be addressed in 1995; the communications between the School District and the City. Everybody has the students best interest in mind. The new School Board is something to really be proud of and she felt that working together, we can do a really fine job for our youth. RALPH HUGHES With regard to the City providing funding to CTV 30, Mr. Hughes felt this should be discontinued. He disagreed with using public funds to support private enterprise as a concept. They should stand or fall on their own, like any business. Mr. Hughes stated he felt we should continue working jointly with the School District. No one has yet to come up with a better option. Economically, it makes the best sense to . use existing facilities and existing personnel that are well trained and experienced. He is not in favor of expanding government; we have way too much government and too many laws already. If we can take advantage of what we already have. we should. Mayor Houston asked if he felt the Heritage Commission should be its own separate Commission or whether it should be under Parks & Community Services. Mr. Hughes felt Dublin has a great deal to be proud of because of its heritage. A lot of work went into moving the school many years and creating the mUseum. He was involved in a peripheral way with that several years ago. The group that did this was able to accomplish this without a great deal of public financial support. We have to protect that to make sure we don I t lose that heritage. He did not agree with setting up more Commissions and more groups; we already have too many. The Parks Department is and has been for many years very good at what they do and the administration is run very effectively. There is no reason to believe that they would run. this part of it any less effectively. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 377 e e Mr. Hughes stated with regard to toll roads, it was interesting that a few weeks ago he was down in Mexico and used a toll road for the first time he could remember in his life It was an absolutely beautiful highway than ran for miles and miles and he thought his was the only car on the road. It would depend a lot on what the cost is going to be here and how effectively it could be operated. In the short term, we will find that because the trucking industry is so strapped for money, even though it may save time to have a toll road, we will find that a lot of the trucking industry may not use It all that much. Long-term, if it can be done correctly, it could be quite an advantage to the community. All you have to do is go through the interchange at rush hour and it's pretty easy to see that we don't have enough asphalt that takes us from county to county. If someone is willing to build it and maintain it, it should at least be something we're willing to look into. Mr. Hughes thought the sale of fireworks should continue. Politically, this is probably not the best thing to say, at least in our region. Virtually every other city has outlawed the use of fireworks. It is an opportunity to bring families together. It is an absolute nuisance for motorists like himself; it is noisy; it litters the streets, etc. It is, however, one of the few things left that people do as a family and he would hat to see it disposed of. Again, there's too many laws, so if it would require drafting another ordinance, he would be against it. Mr. Hughes stated he was split on the idea of putting the issue of term limits on the ballot. He felt the right to vote is probably the most important right that citizens have. He understands why there is such a push on the national level. You don't have the same problem on a local level and the best evidence is over the last 8 to 10 years, there has been a great deal of turnover, even on the City Council here. If this is important to the public, however, they certainly have the right to examine it. This ought to be something that is done by the public. ' Mr. Hughes felt he would be most useful in dealing with neighboring cities. He has negotiated big deals all his life. He's alive today because he is a good talker on the streets of Oakland. The ability to meet with people and show them a certain amount of respect Is very important. A true negotiator has to understand where everybody else is coming from and has to understand that everybody has their own agenda. It's naive to believe that you can take the Cities of Dublin, Pleasanton and Livermore and everybody is going to be on the same wavelength or speaking from the same page. This is not going to occur. The reason is everybody has a different agenda; especially in politics. You have to pay attention to what the public is looking for. His entire life for the past 20+ years has been involved in resolving disputes both as a Judge in Pleasanton, as a Mediator, as an Arbitrator, etc. He sits down with people on a daily basis in an effort to try to resolve some type of dispute.or problem, which includes municipalities. If there was any place where he could be effective, it would be in dealing with the problems between Dublin and other cities. ***************************************************************************************************** ' CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 378 e e em. Burton stated he felt that everybody who appeared was qualified to be on the City Council. One person, Lisbeth Howard, Is unique because over 3,000 people supported her and wanted her to be on the City Council. He sta'ted he had a real problem when the opportunity was there for people to run and then to ignore what 3,000+ people are telling them. Term limits or not, he stated he would not be running again 4 years from now. This opening is for a 2 year term. For this reason, he supported the appointment of Lisbeth Howard. He stated he would make a nomination that Ms. Howard continue on the Council. Mayor Houston stated he was not yet ready for a motion to be made. Cm. Barnes stated she would also go along with supporting Ms., Howard. Cm. Moffatt stated everyone who came before the Council was really outstanding and he hoped to see at least half of them when he is running again In 2 years, as he would certainly love to be defeated by anyone of the folks. He did feel that the citizens spoke in the last election, and there was something like a 2% difference in the City Council winners and losers. He therefore went along with Cm. Burton's suggestion and supported Beth Howard. Mayor Houston stated he agreed there were lots of great candidates. The fact remains that Ms. Howard came in 4th in a 4 horse race. He discounted the argument that she got 3,000 + votes; she still came in 4th. The question of experience of being on the Council and the fact that it's a 2 year versus a 4 year term doesn't make much difference either. He stated he still supported Janet Lockhart. She's active In the community; she has the time; and she's been in key positions all over the City. She knows the issues and she's been a leader. He commented that even though it didn't look like he was going to win this one, Janet Lockhart was the person he supported for the City Council position. On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the Council appointed Lisbeth Howard to fill the vacant Council seat with a term ending in November, 1996. Cm. Burton stated this was a very difficult time and he appreciated everyone taking the time to come down here. He hoped he had not lost the respect of his friends. City Clerk Kay Keck administered the Oath 'of Office (640-60) to Cm. Howard and she was seated on the Council. **** ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 379 '\ , e . EASTERN DUBLIN TRAFFIC IMPACT FEE/AREA OF BENEFIT FEE (390-20) Mayor Houston opened the public hearing. Public Works Director Thompson advised that a lot of written comments had been received on this item, some of which were included in the packets. Some fairly thick ones were received late last week and today and Staff had not had time to adequately respond to all the comments. Because of this, Staff recommended that the Council take public testimony this evening and then continue the hearing until January 9, 1995. At that time, Staff will make a full presentation and attempt to answer all the questions that have been received. Carolyn Morgan read a statement from residents of Doolan Canyon, liTo the Dublin City Council: Even though Doolan Canyon is being excluded from traffic impact fees and area of benefit fees, we believe that any fees being imposed on any landowners who are outside the annexation area is in violation of Dublin I s General Plan. Dublin 's General Plan states that development will pay its own way. Only landowners who are in the annexation area will be allowed to develop. This development will be the cause for new roads being needed. Landowners who can develop should bare the costs for all the roads they need. Why should landowners outside the annexation area pay fees to benefit landowners who can develop? Landowners outside the annexation area do not need new roads. Be consistent with your General Plan. Make development pay its own way. Thank you for this chance to speak. The Pattersons, 5661 Doolan Canyon, The Foscalinas, 5200 Doolan Canyon, The Morgans. 5184 Doolan Canyon, The Akins, 5111 Doolan Canyon, The Steffens, 5033 Doolan Canyon. The Ogelvies, 5360 Doolan Canyon." The letter was not signed. City Attorney Silver advised that if the fee is adopted, the fee can only be imposed by the City on properties within the City limits. The fee would not be effective in areas not within the City. When those areas come into the City, it would then become effective. Right now, for exqmple, part of the area within the Eastern Dublin Specific Plan area, the County-owned property, is within the City, so if the fee were adopted now, it would be effective and applicable to development on the County property because it is within the City. It would not be effective in any other area within the eastern Dublin area. When the proposed 1,500 acres are annexed to the City, them the fee would be applicable to those 1 ,500 acres. Then when property to the east of that is annexed, it would be applicable there. Ms. Morgan stated the letter she received in the mail stated that the fee would be imposed on all areas within the Eastern Dublin General Plan with the exception of future study area, so that meant lands outside of the annexation area. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 383 e e Ms. Silver stated the fee will only be imposed when an applicant comes to the City and seeks a building permit. and no one is going to come to the City to request a building permit until the property is within the City limits. She stated Staff would try to clarify this issue in the Staff Report at the next meeting. City Manager Ambrose advised that the City had to send notice to everybody that was within 300 feet of the area, so there were a lot of people that got notices in both Pleasanton and surrounding areas who aren't directly affected. Ms. Morgan stated the notice she received did not state this. Mr. Ambrose advised that Staff would prepare and send out another notice to make certain this is clear. Cm. Burton made a motion to continue the public hearing. Mayor Houston announced that the public hearing was continued to January 9, 1995. * * * * AWARD OF BID CONTRACT 94-04A - DOUGHERTY ROAD IMPROVEMENTS (600-30) Public Works Director Thompson stated on this project, the low bid received exceeds funds budgeted for construction. The project will add a traffic signal at the Dougherty Road/Sierra Lane intersection and construct median and channelization improvements on Dougherty Road between Sierra Lane and Dublin Boulevard. A large portion of the construction cost of this project is being funded by a FederallSTEA grant, which was obtained in Fiscal Year 1993-94. Caltrans has reviewed the proposal submitted by the low bidder, Grade-Tech, Inc., and has given concurrence to award the project. Cm. Burton asked the location of where the City entrance signs would be. He found it interesting that the extra paving was about twice the amount th9t Staff estimated in all the bids. He asked for an explanation. Mr. Thompson stated the entrance sign would be about halfway between Dublin Boulevard and Sierra Lane. Mr. Thompson stated they talked with the contractors and they basically said costs were greater because it was such a small job and they would have to come In with back hoes and small equipment, plus the fact that there is a lot of traffic control needed there. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 384 e SELECTION OF VICE MAYOR (610-20) e Government Code Sections 34905 and 36.801 require the City Council to meet after a General Municipal Election and choose one of its members a~ Vice Mayor/Mayor Pro Tempore. In the absence of the Mayor, the Vice Mayor would become Mayor Pro Tempore and would assume the temporary responsibilities of the Mayor. Mayor Houston stated he recommended that Cm. Burton continue as Vice Mayor. On motion of Mayor Houston, seconded by Cm. Moffatt, and by unanimous vote, em. Burton was selected to continue as Vice Mayor for 2 years. * * * * CITY COUNCIL COMMITTEE APPOINTMENTS (110-30) Mayor Houston stated he had prepared a calendar showing the meeting days and times and also a list of the appointments he wanted to make, as well as some changes. Copies were distributed to the City Council and ,City Manager. COMMITTEE REPRESENTATIVE II II II II II II Howard Howard Houston Moffatt Barnes (Alternate) Moffatt Linda Jeffery Barnes/Howard Edy Coleman Alameda County Housing Authority Alameda County Library Advisory Commission Alameda County Mayors' Conference _ Alameda County Waste Management Authority JPA Association of Bay Area Governments Gen 'I Assy BART Art Project Citizen/Organization of the Year Community Television Corporation II II II Congestion Management Authority II II II II II Moffatt Burton (Alternate) Houston/Barnes/Howard Burton/Moffatt (Alternates) Houston/Barnes Houston/Burton Moffatt Barnes (Alternate) Howard Burton II II II Dougherty Regional Fire Authority II II II II DSRSD Liaison Committee Dublin Unified School District Liaison Committee East Bay DiVision/League of CA Cities East Bay Regional Park District Liaison Committee Job Training Partnership Act/PIC ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 380 e League of CA Cities Voting Delegate & Alternate League of CA Cities Committee on Economic Development & Housing League of CA Cities Legislative Delegate Program Livermore-Amador Valley Transit Authority JPA II II II II II II Pleasanton City Liaison Committee San Ramon City Liaison Committee Tassajara Valley GPA/EIR Committee Transportation Committee 1-580/Hwy 84/ Altamont Tri-Valley Affordable Housing Committee II II II II Tri-Valley Transportation Council II II II lone 7 Liaison Committee e Moffatt /Barnes Moffatt Houston Burton/Moffatt Howard (Alternate) Houston/Moffatt Houston/Burton Houston Moffatt Barnes Burton (Alternate) Houston Barnes (Alternate) Barnes/Moffatt Following discussion, Mayor Houston declared the list finalized. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council confirmed the appointment's list. * * * * CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions:' Approved Minutes of Regular Meeting of December 12. 1994; Approved the City's continued participation in the NORCAL Employment Relations' Training Consortium and authorized the City Manager to execute the agreement (600-30); Approved the parade route for the St. Patrick's Day parade (950-40); approved the location of the community celebration; and adopted RESOLUTION NO. 123 - 94 SUPPORTING THE 1995 ST. PATRICK'S DAY CELEBRATION Approved the Warrant Register in the amount of $267,084.52 (300-40). * * * * CITY COUNCIL MINUTES VOLUME 13 ***************************************************************************************************** , DECEMBER 27,1994 REGULAR MEETING Page 381 - NOISE MITIGATION FEE ORDINANCE (390-20) . Mayor Houston opened the public hearing. City Attorney Silver presented the Staff Report and advised that one of the mitigation measures required as part of the adoption of the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report was that the City should develop a noise mitigation fee to pay for mitigation measures such as noise barriers, earthen berms or retrofitting existing structures with sound-related windows. Adoption of this enabling ordinance is not subject to CEQA. Government Code Section 65913.2 requires the Council to consider the effect of an ordinance such as this with respect to the housing needs of the region in which the City is located. The City would have to refrain from imposing regulations which would make housing infeasible for any segment of the community. This ordinance would not make housing infeasible for any segment of the community because it is necessary to allow development to occur. This ordinance will have a beneficial effect on the housing needs of the region and it will help the City to meet the ABAG projected housing need in Dublin. The ordinance is the first step. It is an implementing ordinance which, if adopted, will establish the mechanism for imposing a noise mitigation fee. No fees will be imposed by the ordinance. Ms. Silver stated the cost of preparing the Noise Mitigation Fee Ordinance can be recovered from property owners applying for approval of development in Eastern Dublin. Cm. Burton asked if this was a new concept. He was concerned about how we will be able to provide affordable housing. Cm. Moffatt asked if a developer could mitigate by putting in soundwalls or something like this. Ms. Silver stated yes, they would have an option of putting in some of these measures rather than paying the fee. No testimony was presented by any member of the public relative'to this issue. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt. and by majority vote, the Council waived the reading and INTRODUCED the Ordinance. Cm. Howard abstained as she had not had a chance to review the Staff Report on this item. * * * * ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 382 '.'-1 e e Ms. Silver stated the fee will only be imposed when an applicant comes to the City and seeks a building permit, and no one is going to come to the City to request a building permit until the property is within the City limits. She stated Staff would try to clarify this issue in the Staff Report at the next meeting. City Manager Ambrose advised that the City had to send notice to everybody that was within 300 feet of the area, so there were a lot of people that got notices in both Pleasanton and surrounding areas who aren't directly affected. Ms. Morgan stated the notice she received did not state this. Mr. Ambrose advised that Staff would prepare and send out another notice to make certain this is clear. Cm. Burton made a motion to continue the public hearing. Mayor Houston announced that the public hearing was continued to January 9,1995. * * * * AWARD OF BID CONTRACT 94-04A - DOUGHERTY ROAD IMPROVEMENTS (600-30) Public Works Director Thompson stated on this project, the low bid received exceeds funds budgeted for construction. The project will add a traffic signal at the Dougherty Road/Sierra Lane intersection and construct median and channelization improvements on Dougherty Road between Sierra Lane and Dublin Boulevard. A large portion of the construction cost of this project is being funded by a FederallSTEA grant, which was obtained in Fiscal Year 1993-94. Caltrans has reviewed the proposal submitted by the low bidder, Grade-Tech, Inc., and has given concurrence to award the project. em. Burton asked the location of where the City entrance signs would be. He found it interesting that the extra paving was about twice the amount that Staff estimated in all the bids. He asked for an explanation. Mr. Thompson stated the entrance sign would be about halfway between Dublin Boulevard and Sierra Lane. Mr. Thompson stated they talked with the contractors and they basically said costs were greater because it was such a small job and they would have to come in with back hoes and small equipment, plus the fact that there is a lot of traffic control needed there. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 384 e e Mr. Ambrose advised that the City had a fairly favorable year-end balance in its Gas Tax fund. Secondly, Dougherty Road doesn't present the most positive image for our City. This would be the first step toward cleaning that up. If we put dirt in there, there will be more maintenance responsibility. Cm. Burton stated he was not impressed with paving stones and would like to see the City leave this off and cut down the total amount. We should not spend this on paving stones. He felt we could do better sometime down the line. Cm. Barnes pointed out that it will cost us more down line as the job already is small. Mayor Houston stated this area of town looks terrible and we should do whatever we can to upgrade it. When he was walking during the campaign, he discovered that there is really an image problem out there. We have unallocated gas reserves that can be used. Cm. Moffatt asked if recycled materials would be used. Mr. Thompson stated yes, this had been figured In. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote. the Council adopted l RESOLUTION NO. 124 - 94 AWARDING CONTRACT 94-04A DOUGHERTY ROAD/SIERRA LANE IMPROVEMENTS TO . GRADE-TECH, INC. ($273,573.50 Including Two Alternates) and approved a budget change form in the amount of $35,252 to provide for construction of base bid and alternate items ($14,238 will be transferred from projects that came in under budget earlier this year. and $21.014 will come from unallocated Gas Tax reserves). **** AWARD OF BID CONTRACT 94-07 - HERITAGE CENTER RENOVATION (600-30) Parks & Community Services Director Lowart presented the Staff Report and advised that 4 bids were received for the Heritage Center Renovation project. The low bidder was Skyline Construction, with a base bid of $168.500 and deductive alternates totaling $10,800. The base bid exceeds the available budget by approximately $18,107, however, if the bid alternates are deducted, the shortfall is reduced to $7,307. This amount does not include a contingency for change orders. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 385 e e Ms. Lowart discussed eliminating various alternates and the cost savings that would be realized. Ms. Lowart stated although the City Council has requested that consideration be given to having volunteers complete portions of the project, to date, volunteer labor has not been forthcoming. Staff also expressed concerns about volunteers taking on several of the alternates due to the technical nature of the work involved. Additionally, the City could be placing itself at some risk if volunteers were involved in lead abatement. Cm. Moffatt asked if we had received the Measure AA money yet or if it was still with the East Bay Regional Park District. Ms. Lowart advised that we requested a 10% advance which is allowable under the guidelines of the grant program and the remainder is on a reimbursement basis. Cm. Moffatt asked where the interest is going on this money. Mr. Rankin stated the East Bay Regional Park District has the biggest bureaucracy and it takes forever to get funds released from them. ' The endowment fund was discussed for maintenance of the cemetery. These funds cannot be used for the renovation. John Merz. the second low bidder on the project, addressed the Council and stated if they take into account the deduct items, then he would be low bidder. He requested that the Council consider the savings that would be realized by eliminating the options and awarding the bid to his company. Cm. Moffatt stated his understanding of the volunteers was that it was to be prison guards volunteering their time to paint. Ms. Lowart stated she was advised that they only do one project at a time and they are now working on the DSRSD building relocation out to the prison grounds. It has been determined that there is lead in the paint and the lead has to be abated before it can be painted, so this is something we may not want volunteers to do~ Cm. Burton discussed the engineer's estimate compared to the base bids submitted on Alternate #4. Mr. Merz stated they felt this was a very labor intense job and was worth more money than the engineers estimated. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 386 e e Mayor Houston noted that the base bids were very similar and aside from the dollars, he asked if other criterion was used to choose. Ms. Lowart stated as a public contract, we are required to gO,with the lowest responsible bidder. Mayor Houston stated he felt it was good to go with the full scope of work. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 125 - 94 AWARDING CONTRACT 94-07 HERITAGE CENTER RENOVATION TO SKYLINE CONSTRUCTION ($168,500) approved the Budget Change Form and authorized the Mayor to execute the agreement. * * * * REQUEST TO SUBMIT FEDERAL GRANT PROPOSAL FOR COPS FAST PROGRAM (580-40) Police Chief Rose stated the Federal Government has authorized up to $165 million in grants to be made to state, local and other public law enforcement agencies which serve populations under 50,000. The grant will pay 75% of the salary and benefits, up to a total of $75,000 spread over 3 years. The remaining costs must be picked up by the City. Over the 3 year period covered by the grant, these additional costs are estimated to be $156,000. . Chief Rose stated if the City is awarded the grant position request, a plan would have to be developed to utilize the position in some form of community based policing program. If the City is awarded the grant, the Alameda County Sheriff's Department has agreed to amend the existing contract, certifying that the Sheriff's Department meets and complies with all Federal legal requirements regarding any personnel employed with grant funds. ' Chief Rose advised that at this time, all the requirements to receive this grant are unknown, however, there is a December 31, 1994 deadline for filing the application. Cm. Moffatt asked if this was the same program that he brought information back on from the League conference in Long Beach. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 387 e e Chief Rose stated there has been so much information on this as part of the Crime Bill that he wasn I t sure. Cm. Burton stated he felt this was just another suction program and he would not support it. . ' On motion of Cm. Moffatt, seconded by Cm. Barnes, and by majority vote, the Council authorized Staff to submit the grant application. Cm. Burton voted against this motion. * * * * Mr. Ambrose stated he had received a call from the School Superintendent who suggested two dates for a liaison committee meeting: January 11 th or 18th at 3:00 p.m. Mayor Houston and Cm. Burton checked their schedules and determined that January 18th would work best. Mr. Ambrose stated the location would be determined and an agenda will need to be put together. * * * * Council Committee Assiqnments (110-30) Mr. Ambrose discussed several committee assignments that Mayor Houston had left off his list. These were agreed upon and added to the list. * * * * Comments from Cm. Barnes re Orientation (610-05) Cm. Barnes stated she wished to thank Mr. Ambrose and his Staff for the great orientation session they put together for her. **** Commission/Committee Appointments by Mayor (110-30) Mayor Houston stated with regard to his appointme'nts to the Commissions, he will be putting this on the January 9,1995 agenda. Hopefully, the people he's appointing will be there and resumes will be distributed. * * * * ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27,1994 Page 388 e e City Council Meetina Startino Time (610-201 Mayor Houston stated he would like to revisit the issue of starting the Council meetings at 6:30 p.m., and requested that this item be placed on a future agenda. * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11 :45 p.m. * * * * Mayor ATTEST: City Clerk * * * * ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 389 e e REGULAR MEETING - January 9,1995 A regular meeting of the City Council of the City of Dublin was held on Monday, January 9, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:35 p.m., by Mayor Houston. .uu.............,.."" +..uu,... ROLL CALL PRESENT: Council members Barnes, Burton, Howard, MoffaH,and Mayor Houston. ABSENT: None uuuu,.,...,....:...., +.........,.. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. ............................+., INTRODUCTION OF NEW EMPLOYEES (700-10) Police Chief Rose introduced new employee, Rose Macias, Community Safety Assistant. The City is happy to have Rose back. City Manager Ambrose advised that Gregory Reuel, Economic Development Manager was unable to get to Dublin this evening because of flooding, so he will be introduced at the next meeting. u..'.......+'..''''............ u AWARD FOR EXCELLENCE IN FINANCIAL REPORTING (150-20l Mayor Houston announced that the City had received the GFOA Certificate of Achievement Award. This prestigious national award recognizes conformance with the highest standards for preparation of local government financial reports. The City's financial reports for the period ending June 30, 1993 has been recognized by both the California Society of Municipal Finance Officers (CSMFO) and the Government Finance Officers Association of the United States and Canada (GFOA). ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 1 e - The plaque and certificate were presented to Paul Rankin, Administrative Services Director. Mr. Ambrose stated this recognition, which we've received for the fourth year in a row, provides added credibility to the City's reports when they are reviewed by members of the financial community. This can be helpful in maintaining a good credit rating, which reduces the cost of borrowing. ..,"""""""",.......,+.,"",u,",.....,"""',. APPOINTMENTS BY MAYOR HOUSTON (110-301. Mayor Houston announced his appointments to the following Boards: Planning Commission - Steven L. Lockhart and Don D. Johnson; Parks & Community Services Commission - Marjorie Wong-Gillmore, George Cramer and Jeffery B. Chapman; Senior Center Advisory Committee ~ Barbara Gifford and Bob Cocilova. He requested that the City Council confirm his appointments. Cm. Moffatt suggested that the appointments be deferred until such time that the Council can look at all the applications submitted. He would like to see the qualifications of the other people who have applied. Mayor Houston stated he had made his nominations. Cm. Barnes stated she was worried about a 2-person change on the Planning Commission at this crucial time when the Planning Commission is coming up with some heavy East Dublin issues. Mayor Houston stated there is never a good time. Cm. Howard felt it was unusual not to get all the applications to see who else applied. She also indicated she would like to see the rest of the applications. Mayor Houston asked if the commissions are not filled tonight if they could be declared vacant until they are filled. City Attorney Silver stated the rules say that current members continue until they are replaced. Mayor Houston asked if this could go on indefinitely if there is a stalemate. *****************************************~************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 2 e . em. Howard stated it would not be indefinite. The rest of the Council just wants to look at who applied. Cm. Barnes felt 2 new people at this time would require a lot of catch up. She was asked to stay an extra 7 months because of the potential catch up time when the City was trying to adopt the East Dublin General Plan Amendment. Cm. Burton stated prior to this, individual Councilmembers made appointments; however, they are now 2 years into this new procedure and authority. He felt it is the prerogative of the Mayor to decide who is going to be on the Planning Commission. The authority lies with the Mayor. The Mayor appoints with the agreement or endorsement of the Council. Cm. Moffatt stated he would like to see what the choices are. Cm. Burton pointed out that Cm. Moffatt has no choices. The choices are the Mayors. Mayor Houston again stated he had made his nominations. Cm. Moffatt stated he would like to see the appointments tabled for 2 weeks. Mayor Houston asked if there were any other problems with his candidates. Cm. Moffatt stated he had no other problems with the nominations. Mayor Houston stated he wonted it confirmed for the record that Cm. Moffatt stated he had no other problems. Cm. Burton made a motion, which was seconded by Mayor Houston to confirm the Mayor's Planning Commission appointments, Steve Lockhart and Don Johnson. This motion was defeated by NO votes cast by Cm.'s Barnes, Howard and Moffatt. Mayor Houston asked that the Council confirm his nominations on the Parks & Community Services Commission. Cm. Moffatt stated he had the same problem. He would like to continue these appointments for 2 weeks in order to see the additional resumes. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 3 e e Cm. Barnes stated her understanding was that all the Councilmembers were to get copies of all the applications. In response to an earlier comment, she clarified that when Pat Geist was appointed to the Planning Commission, she was the only candidate. Mayor Houston clarified that everybody wants copies of all the applications. Mayor Houston made a motion, which was seconded by Cm. Burton to confirm the Mayor's appointments to the Parks & Community Services Commission, Marjorie Wong-Gillmore, Jeff Chapman and George Cramer. This motion was defeated by NO votes cast by Cm.'s Barnes, Howard and Moffatt. Cm. Howard stated that since there were only 2 people who applied for the openings on the Senior Center Advisory Committee these could be confirmed. On motion of Mayor Houston, seconded by Cm. Barnes, and by unanimous vote, the Council confirmed the Mayor's appointments of Barbara Gifford and Bob Cocilova to the Senior Center Advisory Committee with terms ending in 1998. ...........................'+. BUSINESS TASK FORCE lBTF) COMPOSITION (470-50/110-30) In July, 1994, the Council directed that the Business Task Force be reconstituted to meet with Staff once the Economic Development Manager was on board in order to provide background related to the recommendations made and accepted by the City Council. Mayor Houston has also requested that the Council consider expanding the composition of the BTF to include additional members, J. David Bradley, Robert M. Fasulkey, Karen B. Jacobs and Janet S. Lockhart. The BTF will be meeting on January 17 to start planning a program for the Economic Development Manager. Mayor Houston stated he did not perceive that the number is critical. This would also have a caveat of a 6 month period. After that time, the Council would revisit the whole thing. Three of the people applied for the City Council opening and David Bradley applied for the Planning Commission. All of these ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 4 - - people would be very good, and this would be a good way for them to participate. Cm. Howard stated she had gotten some telephone calls from Chamber of Commerce members and they wanted .to know why they were not asked to add more members also. Mayor Houston stated it is a City organization and so he just decided to do it. He would welcome them to add others to the BTF if they want. Cm. Howard stated they felt it would be too unruly to have too many people on it. She asked about Kathi Schultz and if she would still be on the task force. Mayor Houston stated as long as she wants to participate. she would be welcome. No one has been replaced. The number is not important; he just felt these people have something to offer. Cm. Burton commented that one of the pr6posed new people is the President of the Chamber of Commerce. Mayor Houston stated he was nominating her as a citizen of Dublin. If the Chamber wants to nominate someone else. they should be able to do it. There is one actual vacancy on the task force. He also got a note from Ron Nahas stating he would be happy to continue or if the Mayor wanted to replace him, he would give up his seat. Cm. Burton stated he would like to add someone who is very important and a major land owner in Dublin; Robert Eneo. He would like to see him make a contribution on the BTF. Cm. Moffatt asked the purpose of expanding the committee. The people who wrote the book should be able to tell their own story. He asked if there is another purpose. Mayor Houston used the letter from Ron Nahas as an example. If we call them back, they mayor may not be able to come back in the future. This is something that will go on on a quarterly basis to meet with the Economic Development Manager and to promote ideas for the City. Cm. Moffatt asked for clarification if we were expanding the committee to develop ideas rather than what was done in the past. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 5 e e Mayor Houston stated all the work has not been done yet. Cm. Moffatt stated the recommendation of the BTF indicated they wanted to have an independent individual and then to see what kind of ideas and concepts would be viable before we start micro-managing this department. He had no problem with the people coming to the meeting, but the other people want to get something done. Mr. Ambrose discussed some of the recommendations made by the BTF. There was no priority order established. The thought was at the initial meeting, the BTF would go over the recommendations and review the background and at some point, there needed to be a prioritization. Some of the ideas were pretty general. There was consensus that the BTF would meet on approximately a quarterly basis. Cm. Burton stated we have to address what's eventually going to happen to existing downtown Dublin. He got 3 calls and people want to know if we are treating the new people who will be coming in the same way as existing people. They will be very sensitive about the treatment the new people get. We need to protect what we have. It is very important to have the BTF be very active. Cm. Moffatt pointed out that all of the people on the BTF came from the core area. In bringing in new folks, they may have new ideas and concepts. We should try what the BTF said first and then maybe we can move ahead. Mayor Houston stated heaven forbid that new concepts and ideas be proposed. Cm. Moffatt stated he felt all of the people are qualified. They live in Dublin, but he questioned if they have businesses here also. Mayor Houston stated one has a business in Dublin. He was trying to bend over backwards to please Cm. Moffatt. On motion of Cm. Burton, seconded by Mayor Houston, and by unanimous vote, the Council approved the Mayor's recommendation to expand the BTF and appoint new members David Bradley, Bob Fasulkey, Karen Ja<::obs, Janet Lockhart and Robert Enea. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 6 e e Cm. Howard clarified that the committee will not dictate to the Economic Development Manager. Mayor Houston stated their charge has not changed, we just have more people who can add ideas. Ron Nahas should be asked to stay as he is a great asset. em. Barnes questioned the amount of time. Mayor Houston stated they could revisit it in 6 months. This is not set in stone. This is something that will revolve over the years. Mayor Houston directed Staff to send a letter to the Chamber of Commerce asking if they also want to add people to the BTF. .u,uu " +~,.. PRESENTATION ON EAST DUBLlN/PLEASANTON BART STATION (1060-30) Planning Director Tong advised that recently completed plans for the East Dublin/Pleasanton BART Station call for approximately 2,600 parking spaces split between the north and south sides. Plans for the north parking lot have recently been revised to include a radio tower which will be about 120' tall, with a small out building. Mr. Tong introduced Chuck Middlebrook, with BATC and Marv Dalander with BART who made brief presentations and showed slides of the project. Cm. Burton questioned the location of the 'kiss & ride' drop off. Mr. Middlebrook pointed out the location on the slides of where the drop off points would be. Cm. Barnes asked if cars could go from the north to the south. Mr. Middlebrook explained that they could not. Cm. Moffatt asked if there was any concept of double stacking the parking. Mr. Middlebrook responded no, they have not been asked to do anything, but it is entirely feasible. This plan should meet capacity through 2005 and then they would need to look at ways of providing additional parking. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 7 e el Cm. Howard asked about the location of the 120' tower and the reason it was put in that particular spot. Mr. Middlebrook stated they looked at several different locations and the one selected was the one that worked. This seemed the best place. It is obviously impossible to hide a 120' tower. Marv Dalander pointed out that it is also a temporary tower. Mr. Middlebrook stated BART is looking at converting to a fiber optic system in the future. .. Cm. Moffatt complimented them on the new BART bus angle parking and thanked them for their presentation. Later in the meeting, this subject was reopened for further discussion. John DiManto stated he was not clear on the action on the BART antenna and also asked how long it would be there. It seems like Dublin gets all the lesser profile things. He was concerned that in the text of the whole East Dublin Plan, there's no mention of this and all of a sudden a 120' tower is being put in. What would stop a developer from coming in now and asking for a 120' sign. Dublin should not just take the word of BART that it has to be in that particular spot. Mayor Houston felt BART Staff should be asked to explain what temporary means. Ms. Silver clarified the BART Station is not within the East Dublin Specific Plan area. Marjorie Labar stated she had problems with the fact that the 120' tower is within the Airport Protection lone. Mr. Dalander stated they have gotten clearances from all the agencies involved. There won't be any blinking lights. At the beginning of this extension project, there was talk about having a fiber optic system and then about a year ago, the negotiations weren't going too well so they went to Plan B, line of sight towers. They have 3 of these. They ore currently negotiating for a fiber optics system. They had to have a special agreement with the State of California to put a fiber optic system on a state highway. They have finally agreed to allow ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 8 e e this fiber optic system. and they should have a system within 5 years or so and then they would not need the tower. Cm. Burton asked what would be involved with putting it further east on the County property, near the California Highway Patrol facility and the animal shelter. Mr. Dalander stated he did not know. They would have to talk to the communications people. Cm. Burton stated he would like to see this addressed. Mr. Middlebrook advised that the antenna had already been bought. Bob Fasulkey asked questions about the 120' tower. There is technology that makes this unnecessary. He asked if it was strictly for communications with the trains. Mr. Middlebrook responded yes, it is for communications with the trains and with police up 1-680. . Mr. Fasulkey stated he would still stand opposed and felt it was unnecessary. ...""""".."""""".+"""""""."""""'" Request to provide help to Childrens' Theatre Workshop (900-40) Lyn Dinelli, 6979 Portage Road stated she was a 15 year resident. She discussed the recent article in the newspaper about the Childrens' Theatre Workshop and the money and space problems they are having. The Dublin Unified School District has agreed to give them a hand and they would like to speak to the City Council about this. During campaigns, several people expressed concerns about activities for the kids and this group provides a wonderful outlet for kids. She requested that the City Council place this issue on the next City Council meeting agenda in order to discuss some things the City can do to help them find a home. She would like to see this group call Dublin home. Mayor Houston asked about the discussions with the School District. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 9 e e Ms. Dinelli stated it was her understanding that Kids Stage, which is for kids up to age 13 holds workshops. She thought they had been given a place to practice and the School District is providing this space. Mayor Houston advised that the City and School District liaison committee will be meeting next week. He felt it would be a good idea to have them on the City Council agenda to see what their needs are. By a consensus, the Council directed Staff to invite the director of CTW to the next meeting to provide an informational report. .....,_...............,+~,....,.., CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council took the following actions: Received the City Treasurer's Investment Report as of December 31.1994, showing the City's investment portfolio to be $22,055,322.74 with funds invested at an annual average yield of 5.697%; (320-30); Authorized the Mayor to execute an Agreement (600-30) with Recht Hausrath & Associates to prepare a Public Facilities Fee Program at a cost not to exceed $10,500 and authorized an additional appropriation of $10,500 to be repaid from development fees; Received the Final Financial Report for Fiscal Year 1993-94 and the Annual Audit Report, including the report of the Independent Auditors (Maze & Associates), and Staff's response to the Management Letter (310-30); Approved the Warrant Register in the amount of $1,318,217.86 (300-40). Mayor Houston requested that the minutes of December 27, 1994 be removed from the Consent Calendar for discussion. Mayor Houston felt the minutes related to the Council interviews were a little bit skimpy, in particular the questions and comments from the 5 finalist candidates. He asked that this be revisited with answers from the finalists included in a more detailed form. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 10 e e On motion of Mayor Houston seconded by Cm. Burton and by unanimous vote, the Council directed the City Clerk to provide more details in the minutes on this item. """""""""."""."+.""'" PUBLIC HEARING NOISE MITIGATION FEE ORDINANCE (390-20) Mayor Houston opened the public hearing. City Attorney Silver advised that at the December 27, 1994 City Council meeting, the Council introduced this enabling ordinance which is one of the mitigation measures required as part of the adoption of the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report. A noise mitigation fee would pay for mitigation measures such as noise barriers, earthen berms or retrofitting existing structures with sound-related windows. Adoption of this enabling ordinance is not subject to CEQA. The next step, adoption of a resolution setting the fee, requires a public hearing. It also requires that information regarding the amount of the proposed fee be available to the public at least 10 days in advance. This information would be in the form of a study or Staff Report which would show the relationship between development projects and the mitigation measures for which the fee is proposed to be charged. Cm. Burton stated he didn't like this. He asked questions about how it would work if one subdivision is built and charged a fee and then another comes along and builds on the other side of the road. Who makes the determination on who pays what? People are still fighting Caltrans over soundwalls. Do we have any control over this? Will it be subject to all kinds of nit-picking? Ms. Silver stated the purpose of the fee is for existing residents out there. Cm. Burton wanted to know where it will stop. He felt this will be trouble. Ms. Silver explained that individual projects will have to provide their own noise mitigation measures. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 11 e e Mr. Tong stated each subdivision that comes in will have to address their own noise mitigation measures. The intent is to address those very few existing residents primarily along Tassajara Road. Ms. Silver stated the EIR looked at the impact on existing residents in May. 1993. It can't be used for other purposes. The EIR discusses existing residences. Marjorie LaBar felt other areas of the community will be heavily impacted by the increased traffic and asked if anyone had considered the impacts to existing residents on east and west thoroughfares. The noise on Amador Valley Boulevard is difficult and it is going to get worse. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO.1 - 95 ADDING CHAPTER 5.112 TO THE DUBLIN MUNICIPAL CODE ESTABLISHING A NOISE MITIGATION FEE FOR FUTURE DEVELOPMENTS WITHIN THE CITY OF DUBLIN '....':................'..--'+'..............' PUBLIC HEARING - SANTA RITA COMMERCIAL CENTER RElONE & PROPOSED NEGATIVE DECLARATION PA 94-001 (450-30) Mayor Houston opened the public hearing. A public hearing was noticed on this item, however, the Planning Commission continued its hearing on the matter to January 17, 1995. The request is to rezone approximately 75 acres from Planned Development - Business Park/Industrial (Low Coverage) to a standard Planned Development to allow an approximate 800,000 square foot commercial center. Also included is a request for approval of an ordinance permitting a Development Agreement between the City of Dublin, the Surplus Property Authority of Alameda County and the Homart Development Company. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 12 e e Staff recommended that the City Council cancel the public hearing at this time; it will be rescheduled for the January 23, 1995 City Council meeting. Mayor Houston canceled the public hearing. ..... ............+.,.... PUBLIC HEARING EASTERN DUBLIN TRAFFIC IMPACT FEE/AREA OF BENEFIT FEE (390-20) Mayor Houston opened the public hearing. Public Works Director Thompson distributed 2 additional comment letters which he stated had been received today. Mr. Thompson stated this was the third public hearing on this item. Dublin needs to provide a funding mechanism to pay for all the new streets and those transportation facilities that will be impacted by new development in eastern Dublin. The Staff Report was presented in its entirety. The Eastern Dublin General Plan and Specific Plan requires that this plan area pay for the transportation needs of the area, as well as improvements to existing facilities that are identified as being impacted by the development in the area. This proposed Traffic Impact Fee is planned to be the vehicle for assuring that the major transportation infrastructure is funded and constructed. The GP A outlines future land use plans for the approximately 4,176 acre eastern Dublin sphere of influence. Approximately 13,906 dwelling units and 9.737 million square feet of commercial/office/industrial development are anticipated in the GPA area, in addition to parks, open space and institutional uses. The SP provides more specific detailed goals, policies and action programs for the approximately 3,313 acre portion of the GPA nearest the City. Approximately 2.744 acres to the east of the City's sphere of influence are designated on the Land Use Map as "Future Study Area". The GPA does not outline future land uses in this area and this area was not considered in developing the Traffic Impact Fee. Mr. Thompson stated there is pending development in the area and we need to make sure that this development does pay its fair share of traffic improvements. The TIF Study that Barton-Aschman has prepared basically started out with the Specific Plan and the EIR which have already been approved and these two documents identify the major roads. how wide the roads are going to be, and ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 13 e e other necessary transportation mitigations to build out the eastern Dublin area. The task of the study was to take the cost of oversizing the major roads, the costs of the mitigations and spread these costs on a roughly proportional basis by traffic generation and by the actual need for traffic improvements out in east Dublin. The area of the proposed fee includes only those properties within the recently approved eastern Dublin Specific Plan and the General Plan, excluding that area that was assigned as a study area. Those properties will then only be charged the fee once they annex and they actually want to do some development. It won't cover anybody that's not in the City or somebody that doesn't want to develop. The fee for non-residential development would actually pay the fee at time of building permit and the residential developers would pay their fee at the time of final building inspection. We anticipate that these fees will be reviewed at least on a yearly basis, and more if necessary. That's basically to allow for increase in cost of construction. We have some loans running that have interest on them and if anything else comes up during the time period that we need to make some changes on, so you will be seeing this on a regular basis. Mr. Thompson stated the draft resolution also imposes an Area of Benefit Fee which is kind of a backup to the Traffic Impact Fee. City Attorney Silver was requested to speak on this. Gary Black with Barton-Aschman will then go through his report. Ms. Silver stated the draft resolution would do two things; it would impose a Traffic Impact Fee and would also impose an Area of Benefit Fee. The Area of Benefit Fee would only be effective if for some reason the Traffic Impact Fee were declared to be invalid. The State Subdivision Map Act authorizes an Area of Benefit Fee and the Council adopted an Ordinance a couple of months ago which authorizes the establishment of an Area of Benefit and the imposition of an Area of Benefit Fee. You can only impose an Area of Benefit Fee for major thoroughfares and bridges, so some of the improvements for which the Traffic Impact Fee will be Imposed cannot be collected through an Area of Benefit Fee. Ms. Silver stated to establish an Area of Benefit Fee you have to provide the opportunity to property owners to protest the imposition of the Area of Benefit Fee and to date, Staff has not received any written opposition to the Area of Benefit Fee. There are a number of written comments, but none of them specifically object to the Area of Benefit Fee. The adoption of the Traffic Impact Fee and the Area of Benefit Fee are both consistent with the Specific Plan and will implement the Specific Plan. If only the Area of Benefit Fee were adopted, ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 14 e e you would still have to do something to impose additional fees to mitigate the Traffic Impact identified in the EIR in order to approve projects. because you have to find that the project is consistent with the Specific Plan to approve it and to approve a project you have to find that there has been compliance with all the mitigation measures in the EI R as well as the provision of the facilities in the eastern Dublin area. Ms. Silver advised that there were a couple of changes to the Resolution and one change to the Staff Report. A revised Exhibit 7 to the Staff Report was distributed which was a copy of Government Code Section 65913.2. The wrong code section had been copied. Other changes were made to page 2 in both the Resolution and the alternate Resolution related to dates of the Santina & Thompson report. There was also a change on page 4 of the Resolution and the alternate Resolution related to public hearing dates. Cm. Moffatt stated he noted things had changed on how we charge for commercial and it went from per square foot to number of trips. Mr. Thompson stated it had been the same all the way through, but there is a sheet that shows what each use would be. Non-residential (or commercial) has always been based on so many dollars per trip. He thought it was $293. Then each use has a table based on the uses. Each use has its own traffic generated per thousand square feet and then you multiply those two numbers to get the amount of the fee. They think that most of this area will develop in blocks and not just individual uses. Gary Black stated he had gone through the impact fee program before, but the City received quite a few questions about It, so he stated he would go through it in more detail tonight. Hopefully all the questions will be clarified. The costs that would have to be paid by non-residential development equals the traffic fee per trip times the number of daily trips that that project would generate. For residential development, they took that one step further and translated the fee per trip Into the cost per unit so the cost for residential development is strictly the number of units times the cost per unit. He described how they derived the traffic fee per trip and how and why they used daily trips. That would be determined by the City Staff using average trip rates and the important word is average trip generation rates by land use category from recognized traffic engineering sources. Two of these are listed, the Institute of Transportation Engineers (ITE) and there is also a reference to SANDAG, San Diego Association of Governments. Both publish industry standards on trip generation. It's important to recognize that these are average rates. They ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 15 e e recognize that some individual projects will be a little more or a little less. In order to be fair and equitable for all projects, they use the Industry standard average rate and this is what they are recommending. Mr. Black stated traffic and transportation impacts of the Eastern Dublin SP and GPA areas were evaluated for the year 2010. In order to compare traffic impacts for the year 2010, certain arterial and regional roadway facilities and facility sizes were assumed. Impacts from land uses for all development in the Tri-Valley area, excluding the eastern Dublin development, were compared with impacts from all development in the Tri-Valley area including the eastern Dublin development. For any impact that was considered significant. mitigation measures were developed and included in the EIR. Impacts were considered significant if the Project would cause traffic operations to exceed Level of Service E on study freeway segments, if the Project would cause traffic operations to exceed LOS D at designated study intersections, or if the Project generated traffic that would cause significant safety hazards. The Eastern Dublin Impact Fee is designed to pay for the Project's proportional share of the assumed 2010 base network and for the roadway and transit improvement projects specified in the mitigation measures to the EIR. Mr. Black stated the Eastern Dublin SP area and GP A area. as illustrated on Figure 1 did not include the area designated on the figure as Future Study Area Agriculture. The majority of the land in the area is presently undeveloped. Existing land uses in this area include some Camp Parks buildings, some Alameda County facilities, and a few low-density residential homes or ranches. Mr. Black explained that the existing transportation network in the Eastern Dublin SP area and GPA area is very sparse. Dublin Boulevard extends as two lanes from Dougherty Road to Tassajara Road. Tassajara Road is a two-lane roadway. Fallon Road and Doolan Road are two-lane local roadways that dead-end north of 1-580. There is no existing transit service in the Eastern Dublin SP area. The Eastern Dublin SP includes new and improved facilities in or near the Project area that would be built in conjunction with new development through year 2010. In addition to those facilities in or near the project area, the SP EIR includes future transportation improvements in the entire Tri-Valley area for the year 2010 either as assumed background network or as project mitigation. The Eastern Dublin SP and GP A area is expected to contribute to funding for these regional road and transit improvements. **************************************~***~************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 16 e e Mr. Black stated there had also been some questions about daily trips rather than some other way to measure the use of the road system. The question has come up about how the road system was sized in the eastern Dublin plan. It was sized based on peak hour usage. Everyone recognizes that traffic in the middle of the night doesn't require a 6-lane Dublin Boulevard extension, but peak hours do. However, it is their recommendation to base the fee on daily trips rather than peak hour trips, because the peak hour differs from one area to another. In some areas, it is in the morning and others it is in the afternoon. It would be a nightmare to administer a fee that is on a peak hour trip generation and have different peak hours in different areas. You would end up being unfair to some uses by doing that. It is a lot more fair and equitable to base the fee on daily trips and that was how that decision was made. Mr. Black next focused on how they calculated the traffic fee per trip and stated that is simply the cost of the transportation improvements divided by the total eastern Dublin daily trips. The other part of the equation is costs; costs of the transportation improvements. This is dictated by the eastern Dublin Specific Plan and the EIR. These costs will be broken down into 3 components and each was explained. These were: 1) Improvements for which Eastern Dublin developments are responsible for 100% of the cost; 2) Improvements elsewhere in Dublin for which Eastern Dublin developments are partially responsible; and 3) Regional improvements for which all jurisdictions in the Tri-Valley area, including' Eastern Dublin, are responsible. . Eastern Dublin includes two development areas. The first includes only growth projected in the SP area. The second, called the Project, includes all the development in the first development scenario plus additional development in the GPA area. The impact fee is designed to cover the Project development scenario. Land uses projected for this scenario include low-density, medium- density, medium-high density, and high-density residential, retail, office, industrial, public school, and parks. Mr. Black stated trip generation for the land use in the Eastern Dublin SP and GP A area was projected based on trip generation rates that relate the type and size of a land use to the number of persons or vehicles traveling to or from the land use. The traffic generation rates used for the Eastern Dublin land uses were based on the Institute of Transportation Engineers, Trip Generation and specific counts of traffic generation conducted by DKS Associates for the SP EIR. The rates were adjusted based on local conditions. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 17 e e Using the adjusted trip generation rates, the Project is expected to generate 423,787 daily vehicle trips. This number is reduced to 346,525 when pass-by trips are taken into account. Pass-by trips are comprised of vehicles that stop at certain land uses, such as restaurants and stores, while on the way to somewhere else. Since these trips are not new trips, but merely diverted trips, a pass-by reduction can be applied to the total number of trips generated by such uses. For the purposes of the traffic impact fee calculation, all retail land uses were assigned a pass-by reduction of 35%. The Institute of Transportation Engineers Trip Generation gives a range of pass-by rates for retail development from 12% to 89%. Mr. Black pointed out those transportation improvements which should be funded solely by Eastern Dublin development. These included: 1) Dublin Boulevard; 2) Hacienda Drive; 3) Hacienda/I-580 Interchange Improvements; 4) Transit Spine; 5) Gleason Drive; 6) Tassajara Road; 7) Tassajara/Santa Rita Road/I- 580 Interchange; 8) Fallon Road; 9) Bicycle Path along Tassajara Creek; 10) TIF Study; and 11) Street Alignment Study. Dublin projects with partial eastern Dublin developer responsibility include: 1) Dublin Boulevard; 2) Scarlett Drive (Southern Pacific Right-of-Way Connector); 3) Dougherty Road; 4) 1-580/Fallon/EI Charro Interchange Upgrade; 5) Airway/I- 580. Tri-Valley jurisdiction regional responsibility projects include: 1) 1-580/1-680 Interchange; 2) 1-580 Auxiliary Lanes; 3) Route 84; 4) Improve Transit Services. Mayor Houston asked about the mechanism for collecting fees from Contra Costa County. Mr. Black stated he could only speak to the fact that the City is now in negotiations to work out the details. Contra Costa County's share is based on current information. Mr. Thompson stated we had not gotten that far, but he anticipates that they will have a similar traffic impact fee that would be for off-site type improvements similar to ones that we have. This is being negotiated right now. Contra Costa County passed a resolution last year or the year before saying they would pay their fair share of our streets as they go through them if we would pay for theirs. The way it works out is they are using our streets a lot more than we are using theirs. This sets us a disproportionate share that they will have to pay. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 18 e e Mr. Black stated there is also recognition that Dublin's traffic will affect Pleasanton and Livermore and vice versa, but that each jurisdiction will be responsible for those that are inside their boundaries. Mr. Black explained that there are some improvements specified in the EIR that are not included in the three sections above. These improvements are: 1) 1-680 HOV Lanes between Rudgear Road and 1-580: 2) North Canyons Parkway extended to Vasco Road: 3) Bollinger Canyon Road extended as a four-lane arterial to Dougherty Road; 4) 1-580 improvements widen to eight lanes plus two auxiliary lanes between 1-680 and T assajara Road; 5) Other local improvements in San Ramon, Pleasanton, and Livermore south of 1-580 consistent with adopted general plan circulation elements. The costs for interchanges, roadway systems and studies for the first two categories of improvements were calculated by the City of Dublin's consultant Santina & Thompson or City of Livermore. These roadway cost estimates were prepared based on the premise that within the Eastern Dublin SP area and GPA area, developers adjacent to the road would be directly responsible for the parkway and 20' of roadway improvements next to the parkway, including right-of-way dedication for this area, essentially creating a two-lane access road. The adjacent developer to a bridge does not have to directly pay for the parkway area and 20' of roadway improvements for the bridge. The impact fee will cover the cost of building the necessary roadway width beyond the minimum two-lane cross-section. The additional width is needed to serve the traffic of all Eastern Dublin development. Mr. Black discussed how the traffic impact fee was calculated and referenced pages 10 - 14 of the Barton-Aschman Associates, Inc., report. Mr. Black discussed the process to be used for updating the traffic impact fee and outlined the application of the traffic Impact fee on an individual project basis. Developers will receive credit for portions of the fee network that they build and for the dedication of right-of-way needed for the completion of the fee network. Credit will not be given for any roadway construction required solely by the project, such as a right-turn lane into the project site that is only used by project patrons or residents. Certain land uses, such as parks and public schools are exempt from the traffic impact fee. Their cost of the roadway fee network is absorbed by the residential and office development that necessitates the need for such facilities. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 19 e e Public facility land uses, such as post offices, city buildings and libraries are also exempt. Cm. Burton asked if this was to be a first and only one-time fee. He then asked how a situation would be handled whereby someone opened up a shop and didn't have much traffic and then his place is rented or sold to somebody else who does create a lot of traffic 5 years down the road. Does the TI F get put on the new guy or is it considered already paid. Mr. Thompson stated it would already be paid, and there is a specific category that has a little catch-all for people that are doing spec type buildings. It is an averaging type thing. A lot of people do this; they just go ahead and build a building and then go out and find tenants. If they don't have a tenant when they come in, they will fall into the general category. Mr. Ambrose stated there are two ways to look at this. You can always find somebody who would argue that they are using less than the average, but the benefit of going with this is the developer knows on the front end exactly what the costs are and we don't have to conduct another study and force the developer to have to pay for it and delay the project. The idea is to assist the development community by identifying what. the costs are early and up front before they begin the project or before they are too far into it. We do it on a case-by-case basis now and there is a lot of time delays, as well as a lot of Staff time expended attempting to negotiate what the TIF should be on each particular use. Cm. Burton asked if it would be based on zoning. Mr. Ambrose stated the ITE manual has 1,000 categories of different types of uses, so we will need to par down the list. It's not based strictly on land use or zoning designation, but it is on use. Sometimes traffic studies take 6 to 8 weeks and then there is a negotiation period. Developers want to get their financing in place early on. Mr. Thompson emphasized the way the properties are set up, it is anticipated that a lot of these will be in a shopping center or a block of spaces. There won't be individual buildings just popping up. We have categories for shopping centers of a certain size has an average traffic generation. Then it doesn't matter if you have a high generator on one end and a low on the other end. It evens out. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 20 e e Cm. Burton asked if this will apply to the present downtown area. Mr. Thompson stated no, we will have a separate downtown traffic impact fee study. Cm. Moffatt asked if this includes all the regional fees also. Mr. Thompson stated the Environmental Report and the SP identified certain things and Category 3 are the regional improvements that they've assumed have been put in that weren't totally funded. The TVTC may come up with a totally different thing that may have to be plugged in if the 'Council wants to do that. Ms. Silver stated the draft resolution recognizes that the TVTC has prepared a draft planthat hasn't been adopted yet. If it is approved, the Council would then revise this to reflect that. We need to comply with the EIR's requirement that we impose a fee for regional impact. either based on the TVTC study or another similar study. ' Cm. Burton mentioned the 2 sources referenced for trip description by function or business and asked if this would be the Bible that would be used when people come in. Mr. Thompson stated no, contained in the packet was a 2-page document that they can go through to pick out the land uses. It will say what the traffic generation is. Ms. Silver advised that Exhibit E to the resolution provides the amount of the fee to be set. It specifies the fee for single family residential which is $3,355 per unit and multi-family residential which is $2,350 per unit, and then all development other than residential pays at a rate of $295 per trip based on the table that follows. Mr. Thompson briefly went over the comments that had been received over the last month or so. The first letter received was from Alameda County and they had some technical questions and comments which Staff did incorporate. The City of Pleasanton sent a letter and they basically wanted Dublin to share in the cost of 3 interchanges that they had already built portions of and because this would take a whole other study and Council direction to do this, there was not time to do it at this point. If Council wants this done with the next update, Staff could go ahead and take a look at that. TJKM, who was representing the Lin ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 21 e e property, had mostly technical questions and Staff tried to answer these. McKay & Somps dropped off a letter today and copies were distributed. A lot of the same things that were in TJKM's letter were in McKay & Somps' letter. CCS submitted a letter for the Pao Lin property and it basically recommended that since the town center land uses encourage pedestrian, bicycle transit that it be given a lower traffic generation and a iower resulting fee. They took a look at this and basically, almost all of the multi-family residential uses either fall in the town center or in village centers. There is just a little that falls in the County that is outside of that. Both the town centers and the village centers have the same encouragement for pedestrian, transit, etc. If was felt that what is in there is satisfactory. The Attorney for Pao Lin called today and requested that this be postponed for 2 weeks because they were unable to be here this evening. The next letter was from Cassidy & Burgess. representing Pleasanton NPID owners, regarding Dublin helping to pay for those interchanges and they also had a lot of other technical comments and the City Attorney and Staff wrote back and answered those comments. We got a letter from Heller, Erman, White & McCullough representing the Pao Lin property with comments similar to the CCS letter requesting us to reduce the fees for the town center area. . They also requested that no fees be put on the town center area until the next review of the fee resolution. Mr. Ambrose pointed out that those fees aren't applicable unless you are annexed to the City and you have a development plan, which that property does not. Mr. Thompson stated we received a BART letter and they were basically requesting a reduction In our fee to help them out with some of their improvements. We advised them that since their BART station was already funded, we didn't include it in our fee, but we do have some money in for service to the BART stations. We got a note from C. Silva protesting any taxes for traffic impact fee stUdy. They were not in the area that will have the fee on it at this point. AI Hunter, Jade Circle, member of the Business Development Task Force asked where this would put Dublin with regard to other cities. In looking at the number of trips per day, he felt the numbers may be a nttle high. He was more concerned on the business side, however. If you take an average 4,000 sq. ft. office space unit, what kind of fees will they be looking for and how does this compare with other cities in the valley? Also, how does it compare with communities outside the State of California since we are competing with them ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 22 e e also. He questioned who else is using this type of approach and how do we compare. Mr. Thompson reminded everyone that we are starting from scratch. A lot of other cities that have fees may be picking up capital improvement things that they want to do around their city. We are building all the street infrastructure, so we are fairly high compared to some of the cities that don't have to start from scratch. The way this was approved was that eastern Dublin must pay its own way. The City can't help them out. If we do get grants in the future we can go back and look at reducing this fee. Mr. Hunter recommended that on any proposed future fees or taxes, it would be nice to have a comparison with other cities as part of the package. Pleasanton and Livermore, as they expand. will try to capture a lot of the same businesses that we are trying to get. Mayor Houston felt this would be a good idea in order to compare apples to apples. ' Mr. Ambrose advised that this information was provided in the December 12th packet. Francis O'Connell, Registered Civil and Planning Engineer with CCS Planning & Engineering stated she represented the Pao Lin property, about 300 acres. They submitted a report and also the Attorney representing interested parties submitted a letter. They are very concerned that the methodology of computing charging impact fees unfairly penalizes the town center area. She discussed the figures derived using the ITE handbook for single family housing and multi-family housing. Some adjustment factors can be used. The Attorney suggested some modifications to the resolution if it is to be adopted tonight. She discussed factors used to determine low-income housing. The Santa Clara County CMA allows for up to 30% of trip reduction for mixed use development. The property owner's problem is that while they will spend a lot of money in the town center area to create a situation of encouraging bicycling, pedestrian transit use during the development phase, but there is really no incentive for that and there is really no credit applied for that. The Attorney suggested that language be added, "except that the amount of such fee shall not apply to residential or non-residential development in areas designated for town center use in the GPA, SP, or GP until completion of the subsequent study of the traffic impacts of such town center development described in Section 8 of the resolution". With reference to subsequent analysis of the fee, they want to add ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 23 e e language, lithe City shall conduct a further study and analysis to determine the traffic impact fee of residential and non-residential developments within town center areas as designated in the GPA, SP or GP. When such additional information is available, the City Council shall set the fee for such town center development in amounts which are reasonably related to the impact of such developmentll . Cm. Burton stated all the things she was asking for, she was asking at the last minute. These were some major concerns and he asked if she could give one or two of the most major changes they would like to see changed. Ms. O'Connell stated some credit, some incentive for the town center area of development because in order to provide for the developer to come forward with a development, they will have to make an investment to make that kind of amities and yet, they also know they have to pay the same fee as all the other developers outside the town center area. That's what they feel is the most unfair. Housing will be very near the jobs, within walking distance. They also would like to provide residential on the top dnd commercial right below it in a two-story development. There will definitely be a lot of trip reduction which is different from other types of development within this town center area. Cm. Burton asked if when a project of this type comes in and they prove that some incentives for affordable housing are provided, do we have in this process an opportunity for someone to come in and ask for specific reductions. Mr. Thompson stated the only way they could get a reduction would be if the Council changes the resolution to allow something lower. The problem is if you give someone else a lower one, you have to bump somebody else up. Mayor Houston asked about the purpose of the annual review. Mr. Thompson advised that this would be something the Council could look at as part of the annual review. The other things that the annual review would show would be as we get more and more of the infrastructure built, how close are we to the cost that we estimated. The costs will be going up over the years, just from inflation. Cm. Burton asked if this would satisfy her that there will be a review process in the future. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 24 e e Ms. O'Connell stated this did not satisfy them, because there was no assurance that they would take this into consideration. They recognize that someone has to pay for these improvements to allow development to happen, but they are talking about fairness. They want to be recognized for being in the town center area and would like to pay just a little bit less. If the Council doesn't take the Attorney's suggested language into consideration, they have a fear that it will never get changed in the future. Later on, they will have to spend more efforts to try to make their point again. She requested that the Council defer the town center area for a while. Cm. Burton stated he appreciated,what she said and felt she brought up some good points. He didn't feel the City could start over tonight, however. All 5 people sitting on the Council are interested in a good project of starter homes and affordable housing. If they bring in a good project, he suspected that maybe there would be a willingness to go back and find a way to make it work. Mayor Houston stated we do have this review process in place, so the mechanism is there. ' Cm. Moffatt felt we have this new dream and unfortunately, it takes a lot of money to do all these things. The SP says the area out there has to pay for itself in a sense. Francis P. Croak submitted written comments for the record. As a property owner in the east Dublin area, he resisted being exposed to transportation fees and/or assessments in advance of the development of specific properties. He felt the City Council had contradicted itself with some of the comments and he felt like he was looking down the end of a loaded barrel. Cm. Burton asked if he realized he wouldn't pay any fees until he builds or develops. John DiManto stated he had read all the correspondence and was impressed with the articulate answers and correspondence in the packet. What is surprising to him is that Staff seems to always want to defend the hired help, Barton-Aschman. Whatever happens in this east Dublin traffic fee should put everybody on the same basis. They are part of the future spine. His property is impacted identical to the Lins. Those mixed uses that straddle the spine should not be overlooked. Cm. Burton asked if he would accept the figures presented. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 25 e e Mr. DiManto responded that he was not qualified to compile the figures or challenge them. We are a little high now, but we have an opportunity to review it. There are not too many cities that build a spine to use for comparison purposes. Marjorie LaBar asked questions related to the levels of service. If all of these improvements are put into place. will this bring all of our intersections to an LOS of D. Will we still have areas that will be LOS E and F. She suggested that if the City did not have trip reduction amenities built into this plan the individual fees per unit would be considerably higher as we would have to build more infrastructure. On low cost housing we may want to figure s'ome sort of a factor in for high densities as part of the State's requirement for the Housing Element. She discussed short trips where people would be more inclined to walk as opposed to those that have to go 2 112 miles to get a quart of milk. We should look at the very high end and the very low end. Mehran Sepehri stated those types of things were included. Different numbers were used for single and multi-family areas. 'As far as the LOS, by improving all those road facilities, we will meet the EIR LOS required. As far as the Trip Reduction Ordinance. the EIR and the Barton-Aschman report, they all include requirements that must be met. We have to meet the air quality and that has been assumed in the model. Ms. O'Connell said she was frankly a little bit tired of hearing these same comments. She wished to strongly point out that they are not arguing about this but they are trying to say that the town center area is a very unique area. They want to put forward a good project where the trips will be even lower. If you apply a 30% factor, it could be 5 trips per unit. They heard all the concerns and they accept we may hear back from them again. It really does not reflect their comments at all. Bobbie Foscalina, Doolan Road commented that the percentage used to determine fees is how you are going to charge the developers. If one of the percentages is wrong, she asked who would pick up the differences and how will shortages be made up. Since Dublin, Pleasanton and Livermore have agreed to pay for their own roads, who pays for the percentage that was designated to Livermore and Pleasanton. Does it come out of the general fund, which is the existing people of Dublin? . Mr. Thompson stated there were a couple of issues involved. With regard to interior streets, everyone agreed that they would do their own interior streets. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 26 e e Freeway improvements will be more of a regional type thing arid hopefully, the TVTC will come along or each City will have their own and get together with some money and do some improvements on that. She asked what happens if we are wrong and we don't get enough money? This is why we will review this on an annual basis and if we find we are getting behind, they we will have to raise It. Ms. Foscallna commented that the designations were quite high for Livermore and Pleasanton at certain intersections. If Dublin has no way of collecting from them, what happens? You've already said you're going to pay your own way on your own streets. She did not feel she got a definite answer as to who is going to pay. Mr. Thompson responded that the other cities that have developments coming in in the future will have impacts on interchanges. They will have to pay through some sort of a traffic impact fee on the particular project or they're going to have to get an overall one. We will be watching them too to make sure they pay their fair share. Ms. Foscalina stated she firmly believed that new development creates the need for new roads and improvements and it should pay for them. She also felt all fees should be paid prior to receiving building permits. Property owners should not be penalized because they choose not to develop or to develop at a later date. The EIR says you have LOS E and F on a lot of the main arteries and interchanges and yet when the policy was set by the judge at the end of the lawsuit last year, it was designated that you should have no lower than Level D. How are we going to rectify levels E and F to be consistent with the policy that was set by the judge. Ms. Silver stated with regard to the lawsuit challenging the EIR for the General Plan Amendment and the SP, the court found in the City's favor and found that the EIR was adequate and that the SP and GPA were properly adopted. Ms. Foscalina stated it was her understanding that the level should not be lower than D and if some of our streets are LOS F, that's not consistent with what the policy is. Ms. Silver stated this was a misunderstanding because the petition was a petition for a Writ of Mandate and the court denied the Writ of Mandate and held that the EIR was adequate. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 27 e e Mayor Houston suggested that if Ms. Foscalina has access to the document, she should review it as our City Attorney does not have the same interpretation. Ms. Silver stated Ms. Foscalina was referring to the Court's Notice of Intent to Decision, and a Notice of Intent to Decision has no legal affect, it's the judgment that has the legal affect and the judge refused to grant the Writ of Mandate and there is no appeal for that. The important fact is that the judge found in Dublin's favor on all points. Mayor Houston closed the public hearing. Cm. Burton felt there should be some way to have starter homes and housing programs. There are some out there and he realized it's a marketing decision. There's no such thing as low cost housing anymore. We should be able somehow to attract somebody that has some creative ideas on affordable housing. Cm. Barnes stated she was comfortable with the fact that we have the annual review. Cm. Howard agreed and stated she had no problems with it. Cm. Moffatt stated he had no problems with it. Mayor Houston stated he did sympathize with some of the comments made and we will try to make it easy by having two categories. There are several categories in the densities. The annual reviews are very important and they should take advantage and capitalize on them. Ms. Silver explained that the recommendation was that after the public hearing is closed, the Council determine the value of protests to the Area of Benefit Fee. The Council should, by motion, determine the value of protests and that there are insufficient protests received. Actually there were no protests received to the adoption of the Area of Benefit Fee. em. Burton made a motion and stated they had evaluated the value of protests on the Area of Benefit Fee and determined that they are not sufficient. This motion was seconded by Cm. Moffatt. The motion was passed by a unanimous vote. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 - REGULAR MEETING January 9,1995 PAGE 28 e e Cm. Burton asked if the one year for review purposes should be put into the Resolution. Ms. Silver stated the way it is written now. it provides for this particular fee to be in effect for 20+ years. Page 11, paragraph 8 was referenced. It might not be necessary to review it every year, although this is Staff's Intent. This is sufficient and provides flexibility. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO.1 - 95 ESTABLISHING A TRAFFIC IMPACT FEE AND AREA OF BENEFIT FEE FOR FUTURE DEVELOPMENTS WITHIN THE EASTERN DUBLIN AREA .u..u................."+............................ REQUEST BY MAYOR HOUSTON FOR RECONSIDERATION OF CITY COUNCIL MEETING STARTING TIME (610-20) On December 27. 1994, Mayor Houston requested that the issue of Council meeting starting times once again be agendized for discussion by the Council. Mayor Houston stated this was discussed last year or the year before and he would like to move the meeting time to 6:30 p.m. This would better accommodate some of the Staff who cannot go home and he also felt more people would attend the meetings. Some of the Dublin Housing Authority meetings could be conducted out at Arroyo Vista, and they're canceled a lot of the time anyway. They only met 5 or 6 times last year. Those meetings could start at 6:00 p.m. Cm. Moffatt discussed the survey that was done in April of 1994. Very few people indicated they were interested in starting at 6:30 p.m. More people favored a 7:30 p.m., or 7:00 p.m.. starting time. He stated he would be agreeable to trying a new starting time for 3 months to see how it works. Mayor Houston felt a trial period was unnecessary and that 6:30 p.m., was fine. Cm. Barnes stated a lot of people she spoke with laughed at a 6:30 p.m., starting time. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 29 e e Marjorie LaBar felt that getting to a meeting by 6:30 p.m., would be impossible for people coming from out of the area. People would be more upset over issues if they have to rush home, rush through dinner, and then rush to get to the meeting. The Council briefly discussed other meetings which might conflict on Mondays. On motion of Mayor Houston, seconded by Cm. Burton, and by unanimous vote, the Council agreed to a 7:00 p.m., starting time for future regular City Council meetings. Ms. Silver stated it would be necessary for Staff to incorporate the change into the Council Rules Resolution, and this could be brought back at the next Council meeting for adoption. The new time could then become effective with the next regular meeting. .,",..,""",.,.,""",.,'...,""""',.,""'"",,'. OTHER BUSINESS Reception/Recognition for Outqoinq Commissioners (110-10) Mr. Ambrose reminded the Council that we need to recognize outgoing Commissioners and he had discussed with the Mayor holding a reception just prior to the next City Council meeting. It would now be appropriate to schedule the event for a later date after the appointments are confirmed. ........................,....,..:......,",........,.. Upcomina Meetina Reminders (610-051 Mr. Ambrose reminded the Council of the LAFCO hearing to be held on January 12, 1995 at 4:30 p.m. Mr. Ambrose advised that the Business Task Force will t;>e meeting at 7:00 p.m., on January 17, 1995. Mr. Ambrose advised that the Dublin Fine Arts Foundation will be holding an Art in the Parks reception at the Civic Center on January 27, 1995, from 5:00 p.m., to 7:00 p.m. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9,1995 PAGE 30 . e Mr. Ambrose stated there has been a change in the date for the next Tri-Valley Council meeting. San Ramon will be hosting the meeting on February 1, 1995 at 6:30 p.m. Any desired agenda items should be communicated to San Ramon. .' ---.........,.... + ....................,-.- CTV Broadcastinq of Council Meetinqs (1050-501 Cm. Howard advised that it costs Pleasanton about $30,000 to televise their Council meetings and then there is a per-hour meeting cost. San Ramon will start to tape theirs, but they can't be broadcast live. It will c,ost them about $365 per meeting. Dublin could not be live at this time because Contra Costa County uses Channel 30 on Monday nights. ,......w.............,.,ww,.,...,+"',.,.,',."....,...,.,.,.,.,.,.,.,.........,.,.,. Teen Task Force (950-801 Cm. Barnes stated she would like the topic of a Teen Task Force placed on the next City Council agenda for discussion. She would like to see a Teen Task Force formed with kids from Wells, Valley High, Valley Christian School, etc., and maybe with a Chamber of Commerce member, and to give them a charge. The Council concurred with this request. ..........................."+.' ....n________.......... Graffiti Task Force (530-20/580-40) Cm. Moffatt asked when the graffiti meeting would be and also who staffs this. Mr. Ambrose advised that we have had limited success in getting people in the community to participate. The City has representatives from the Police Department, the Public Works Department and his office attend these meetings. Cm. Barnes asked if a letter had gone out to the service clubs. ' Mr. Ambrose stated all the service clubs were sent information. Bo Barker takes care of the noticing. The next meeting will be on January 18. 1995 at 4:00 p.m. Cm. Moffatt stated the Dublin 4-H Club is interested in participating in this program. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 31 . . Mr. Ambrose advised that everybody is welcome to attend. Right now, we are trying to develop some ideas. Cm. Burton said he had heard of a program to fine property owners that allow graffiti to stay on longer than 3 or 4 days. He liked this concept and thought it could be a fine of about $35 or so. Also, he would like to see us have a reward of $1,000 paid if a person is convicted. Mr. Ambrose advised that Staff will be bringing back some recommendations to the Council in the future. Cm. Moffatt stated the City of Richmond has an Ordinance that allows them to go onto private property and suggested that City Staff get a copy of this. ...........'.......'......,.'...., ,.....,., +....... ...... Service Club Sians (130-10/400-30) Mayor Houston asked who was in charge of the sign listing the service clubs in town that is located on the corner of Amador Valley Boulevard and San Ramon Road. He thought the Chamber of Commerce put it up and someone pointed out to him that these types of boards are usually put at the beginning of town. The service clubs may want to look at this. Also. we may want to consider another sign at the north end of town. He had spoken to the property owner behind Coco's Restaurant and he is willing to have a board put up on his property. Janet Lockhart, President of the Chamber of Commerce stated they have a Board meeting on Wednesday, and she would be happy to bring this up. ....'..........'."'.....""."".'.+".............,....................."..... Commission Appointments (110-30) Mayor Houston asked for clarification regarding the open seats'on the Planning Commission. Could the City be legally challenged if a Commissioner whose term has expired votes on issues. He requested that Staff review this in more detail. Ms. Silver referenced Dublin Municipal Code Section 2.12.020 (A) . . . Terms shall begin in December of even-numbered election years and end in November of even-numbered election years (or until successors are appointed). ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 32 e e Ms. Silver stated this clearly authorizes existing members to continue to serve until their successors are appointed. .................'''........+''........'...... Special City Council Meetinq Needed on January 31, 1995 (610-10) Mr. Ambrose advised that it is possible that a special City Council meeting may need to be scheduled for Tuesday, January 31,1995, related to the Homart project, so he asked the Council to mark their calendars for that date. The Council indicated their availability on this date. ..'........................+'..........' ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11 :25 p.m. ..........~.... Mayor ATTEST: City Clerk .....'.....""....."'..'.+'.."""".'.".. ******************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 9, 1995 PAGE 33 e e REGULAR MEETING - Januarv 23, 1995 A regular meeting of the City Council of the City of Dublin was held on Monday, January 23, 1995. in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:37 p.m., by Mayor Houston. ...'............"'.........'..".'...'.........'+'",. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston. ABSENT: None ...........................'+............ PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. .............'....""'+- CLOSED SESSION In accordance with Government Code Section 54956.9(b)(1) and (3)(A), the Council recessed to a closed session for a conference with Legal Counsel, related to anticipated litigation, significant exposure to litigation. At 7:50 p.m., the Council returned from closed session and the public meeting was reconvened. The Mayor announced that no action was taken in the closed session. .... ......................................,.......'...T~ ..................,......,...,.,.,.,.,.,. . INTRODUCTION OF NEW EMPLOYEE (700-10) City Manager Ambrose introduced Gregory Reuel, the City's new Economic Development Manager. "...........+'''...........' ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 34 e e Meetina Procedures (610-201 Mayor Houston announced that the agenda was quite lengthy and the meeting would be adjourned at 11 :30 p.m., and any remaining items would be carried forward to the next meeting. Mayor Houston stated he also wished to move a couple of items forward on the agenda. Immediately following the Consent Calendar, the Council would hear Item 8.1 (Proposed Teen Task Force), followed by Item 7.1 (Garbage and Recycling Services Draft Request for Proposal and Draft Agreement). (NOTE from City Clerk. The items will appear in the minutes in the same order as listed on the agenda.) ..........,.,..............,+......"....,..,:.."""". APPOINTMENTS TO PLANNING COMMISSIONlllO-301 Mayor Houston recommended that the Council confirm his appointments to the Planning Commission, Steve Lockhart and Don Johnson. Applications from everyone who applied were distributed to all Council members per their request at the last meeting. Mayor Houston asked City Attorney Silver to clarify how appointments are made. City Manager Ambrose discussed how the terms were established. Mayor Houston stated he felt Cm. Barnes had a good idea with regard to the Homart Project. He stated he was willing to put off the new appointments until the Homart Project is put to rest. The City will keep the present Planning Commission in place until this issue is resolved. He asked Mr. Tong is there are any other large projects that are currently midstream. Mr. Tong stated the only one that might fit that bill would be the Hansen Ranch Project, Phase I. The Applicants have indicated they will be processing Phase II shortly. No other ones have come before the Planning Commission yet. Mayor Houston asked if the Council should confirm the appointments tonight or if the item should come back for a vote. ~~~~*****~**~~~~~~*~~**************************************************************** CITY COUNCIL MINUTES VOLUME 14 . REGULAR MEETING January 23, 1995 PAGE 35 ,e e Ms. Sliver stated it eQuid be done either way. Mayor Houston stated he would recommend that the Council wait to confirm these appointments. None of the other Councilmembers indicated any problem with doing this. .,"""""""""""""+.,"""",.,"',.:,."..,., APPOINTMENTS TO PARKS & COMMUNITY SERVICES COMMISSION (110-30) Mayor Houston requested that the City Council confirm his appointments to the Parks & Community Services Commission, Jeffery B. Chapman, George Cramer and Marjorie Wong-Gillmore. Applications from everyone who applied had been provided to the Council per their request. Mayor Houston advised that Steve Lockhart has resigned his position and will not go back to the Parks & Community Services Commission under any circumstances. Cm. Moffatt stated the City advertised for people to participate and now through the Mayor's ability to appoint, he didn't even consider the other people. He asked if it would be appropriate for the City Council to hear from the slate of people who applied for these positions. Cm. Burton stated the basic policy is the Mayor makes appointments and the Council confirms. He stated he did not understand Cm. Moffatt's objective. Cm. Howard stated she had several telephone calls this week. She asked about potential conflicts with people who sit on the various sports boards. Mayor Houston used an example of one of the people who sits on the board of the soccer group and if the Commission were talking about fees for the group. Ms. Silver cited as an example if the City had agreements to do some work on the Dublin Sports Grounds and if a Commissioner is on the board of one of the groups utilizing the DSG, that Commissioner would have to disqualify themselves on this item, but it would not prevent the City from entering into an agreement with the group. The Commissioner would need to abstain. ***............**************************......*...*...*.*........................... CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 36 . . Mayor Houston stated mostly, conflict of interest issues deal with money and this Commission does not set fees. The City Council often overrules on other recommendations also, so their decisions are usually not final. Mr. Ambrose advised that the City Council recently changed their policy and in some cases, the Commission does set fees. They set fees for all the classes. Mayor Houston felt the safest thing would be if fees are involved, they should abstain. Ms. Silver advised that if there is a conflict of interest, she would have to look at the facts of each individual situation. There are various tests that are required. Cm. Burton stated the Council wants people with expertise, so it's likely there will be occasions when people come to the Commission who may occasionally have conflicts because of their backgrounds. Randy Cahn who is currently a Parks & Community Services Commissioner addressed the Council and stated he was one of the lucky'ones who got a 2 year term. The P&CS Commission hears from community groups regularly and they have recommended fee increases and decreases for the various groups in the last 4 years. He felt strongly that 4 years ago, people were interviewed and then people were confirmed. He felt he had served the community well in the last 4 years. He felt he brought excellent qualifications to the Commission and pointed out that he does not serve any special interest group. The new process seems to be self-serving to the new Mayor only. He did not feel his application was fairly reviewed. The procedure needs to be seriously evaluated. Councilmembers should be able to provide input in order to make sure that the most qualified individuals are asked to serve. Leslie Roe, 7147 Hansen Drive stated she was shocked by Mr. Cohn's comments. It is the law that says the Mayor has the legal right to appdnt representatives. She trusts his judgment. The City Council has a right to approve or disapprove the candidates. This is a very fair process and with the staggering, we have continuity. It is fair and it is legal. , Cm. Moffatt quoted the Government Code Section related to appointments. The City Council does have a direct interest in developing and appointing to Commissions and Committees. The appointments are made with the understanding that the City Council does have to approve them. Mayor Houston stated it was not appropriate for em. Moffatt to cross-examine anyone and he thanked Ms. Roe for her comments. ' ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23,1995 PAGE 37 e e Jack Hughes, Maple Drive, stated he supported Guy Houston for Mayor. He was disappointed at the last meeting that the City Council did not approve the Mayor's appointments. They understand the process and the Mayor is going along with it. The City Council should back up the Mayor and get some harmony going. Cm. Moffatt asked if he wanted the Council to be a rubber stamp. Mr. Hughes replied definitely not; the community is looking for change. Marsha Vonish stated people voted for a Mayor in this town and he has a right to appoint people. She asked why the Council is giving him such a hassle. Sean Hensley, Peppertree Road stated he did not vote for Guy Houston and was glad to see that the Council is keeping things in checks arid balances. He has lived all over the world and has seen how dictatorships work and it's a great thing to have the City . Council keep the Mayor in balance. Andor Koval, a 12 year citizen stated he also believes in a system of checks and balances, but pointed out that Guy Houston was elected for change. He supports Mayor Houston and felt he is doing a good job. He also supports the Council. Marjorie Wong-Gillmore, Bloomington Way stated she was one of the nominees. She has lived In Dublin for 6 years and basically she came here because this is a very spirited community. She stated she took offense that the Mayor's appointments would be for special interest purposes. She likes working for her community. Dublin Little League, as a whole has gotten more involved in community activities. They bring in a lot of community sponsors. She has asked for a lot of things before the City Council, and all of these things have contributed to the City. She is now working on and setting up and organizing a girls softball league for Dublin. She has been a banker for 14 years and hopes this experience will be good for the Commission. She has a lot of pride in the City and wants to make Dublin a better place to live. The only thing constant is change. We all have to work together. She would like to see the Parks & Community Services Commission work much closer with the School District. George Cramer stated he also is one of the Mayor's appointees. He is the current Vice President of the Dublin Soccer League. He did not feel there is a conflict. His company sponsors a softball team and his family is involved in all the programs in Dublin. He looked forward to serving. ************************************************************************************* CITY COUNCll., MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 38 It e Margaret Garlock, Langmuir Lane, President of the Dublin Little League stated the Mayor's 3 people are well known In the community. You reallydo not even know who is on the Commission except for Steve Jones. They're not visible and active out in the community. Jeff Chapman stated he is the third potential appointee and stated short of asking the Council to be a rubber stamp, he urged them to just look at the qualifications of the people the Mayor is recommending. There are no shortcomings on the part of the others; just look at their qualifications. He was a sports writer for 20 years for the Oakland Tribune and believes he brings something to the table. He works for the Golden State Warriors. He stated he would appreciate being appointed tonight. Mabel Raglin, Larkdale Avenue stated she has been a resident for 32 years and has seen a lot of stagnation in City government. A lot of people probably read her letters to the editor and she assured everyone that there will be others forthcoming. The Council can't pull rank here. We have a Mayor that deserves all our respect. He has this right. Cm. Burton stated he felt they were personalizing the policy. This policy is established by the State and this goes with the job of Mayor. It's a shame that personalities have gotten involved. So much time should not have been spent on this. After the motion was made to confirm the appointments, Cm. Moffatt stated he would like to vote on each one separately. Mayor Houston stated he would not allow this. On motion of Cm. Burton, seconded by Cm. Barnes. and by unanimous vote, the Council confirmed the appointments of Jeffery Chapman, George Cramer and Marjorie Wong-Gillmore to the Parks & Community Services Commission. ...........................,.+..........................., Distribution of City Council Aoendas (610-10) . Jack Hughes, Maple Drive stated not so many years ago, people could sign up for $12 a year and request an agenda. Now it is $44 and this does not compute. If the City wants better participation, it should have a more nominal fee. The public finds out about things 2 or 3 days after the City Council meeting. ~********************************************************************~*~************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 39 e e Mayor Houston pointed out that many times, Staff Is working on what is going to be on the agenda well after Thursday evening. The agendas are often mailed on Friday. CTV 30 might be able to put the agenda on the air so people can see what's going on. He also suggested that the newspapers publish the agenda, but they don't seem to like this Idea. ....,.,...............,"',+..,....."......--.,..,.,.........,.,............',.. CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: (NO minutes were on the agenda for approval.) Mayor Houston noted that the Council had not approved minutes for the December 27, 1994, and the January 9, 1995 meetings. He inquired as to when these minutes would be completed Accepted the Civic Center Cabling Project as complete (600-30) and authorized final payment of $18.433 to Johnson Controls (including Change Orders # 1 and #2); Approved the Warrant Register in the amount of $1 ,652,627.18 (300-40). Cm. Burton requested that the item dealing with the Council rules be pulled from the Consent Calendar for discussion. With regard to the DHA meetings, he did not feel that the direction was for all the meetings to be held at Arroyo Vista, but rather the regular meetings would continue to be held at the Civic Center. They would only meet occasionally at AlToyo Vista. On motion of em. Burton, seconded by Mayor Houston, and by unanimous vote, the Council adopted RESOLUTION NO.2 - 95 AMENDING RESOLUTION NO. 120-94 ESTABLISHING RULES FOR THE CONDUCT OF THE MEETINGS OF THE CITY COUNCIL OF THE CITY OF DUBLIN (610-20 - Starting Time) ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 40 e e, Also as part of the motion, the Council directed Staff to notify the DHA Executive Director of a change in DHA meeting time in order that the necessary amendments to DHA Bylaws may be prepared; uu.................. +'....'..............uu PUBLIC HEARING EASTERN DUBLIN REORGANllATION - ANNEXATION/DETACHMENT NO. 10 (620-20) Mayor Houston opened the public hearing. Senior Planner Cirelli presented the Staff Report and advised that this item is for the adoption of the final resolution ordering: 1) the annexation of 1,538 acres to the City of Dublin; 2) the annexation of approximately 1,542 acres to the Dublin San Ramon Services District; and 3) the detachment of approximately 1,029 acres from the Livermore Area Recreation and Park District. Mark Bigelow, Hansen Drive, stated he is a 10 1/2 year resident. He was really tired of the delays on this project. It has cost thousands ond thousands of dollars; money that could have been used to build a new gym for teenagers. According to his calculations about 1/4 of 1% of Dublin residents are members of the Sierra Club, the group that's been trying to block this. $10,000 was wasted by the delay at the last LAFCO meeting. He requested that the City aggressively pursue SLAP suits or whatever is necessary to avoid further delays. Let's get things over with. Every time we delay, the price for the businesses goes up a little more, and homes cost a little more. Let's go after them and not let a little minority group keep us from what we need to do. Robert Patterson stated if he says everybody is for this thing', he did not look at the results of the referendum election and how close the numbers were. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO.3 - 95 ORDERING TERRITORY DESIGNATED AS IlPA 94-030 EASTERN DUBLIN REORGANllATlON (ANNEXATION/DETACHMENT NO. 10)" ANNEXED TO THE CITY OF DUBLIN AND THE DUBLIN SAN RAMON SERVICES DISTRICT AND DETACHED FROM THE LIVERMORE AREA RECREATION AND PARK DISTRICT ,......., uuu.......... +'....................uu ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23,1995 PAGE 41 e e PUBLIC HEARING NEGAllVE DECLARATION FOR DUBLIN BOULEVARD WIDENING PROJECT (820-20) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that in 1990. the City Council held a public hearing to receive comments regarding the Environmental Assessment for the Dublin Boulevard widening project; however, no formal action was taken at that time. This is a housekeeping item to formally adopt the Environmental Document as a Negative Declaration. Cm. Burton asked if all the businesses had been satisfied on this. Mr. Thompson stated the City is offering to purchase the pieces and Staff will be coming back soon to file a resolution of intent. We still have to go through this process. Mayor Houston closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO.4 - 95 ADOPTING A NEGATIVE DECLARATION AND FINDINGS OF DE MINIMIS IMPACT ON WILDLIFE FOR THE DUBLIN BOULEVARD CAPACITY IMPROVEMENT PROJECT AND TO RATIFY PREVIOUS APPROVAL OF THE PROJECT ........................,..... ...." y...................... PUBLIC HEARING - SANTA RITA COMMERCIAL CENTER PLANNED DEVELOPMENT REZONING AND DEVELOPMENT AGREEMENT PA 94-001 (450-30/600-60) Mayor Houston opened the public hearing. Associate Planner Jeri Ram presented the Staff Report and summarized that this Planned Development Rezoning would allow an approximate 800,000 square foot shopping center on the 75 acre site at the southeast corner of Dublin Boulevard and Hacienda Drive. The associated Development Agreement, Mitigated Negative Declaration and Mitigation Monitoring Program have all been prepared for consideration by the Council. ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 42 e e Homart Development Company and the Alameda County Surplus Property Authority are requesting approval of a rezone of 75 acres from Planned Development - Business Park/Industrial (low coverage) to a General Commercial Planned Development. This project has a General Plan and Specific Plan Designation of General Commercial. The project is proposed to be constructed in two phases. The first phase includes 500,000 square feet, and the second 300,000 square feet. The first phase would be closest to the intersection of Dublin Boulevard and Hacienda Drive. A Development Agreement between Homart Development Co., Alameda County Surplus Property Authority and the City of Dublin is part of the project. The Development Agreement includes traffic, noise and public facilities impact fees, phasing of infrastructure construction and future creek improvements among other items. A Mitigated Negative Declaration and Mitigation Monitoring Program have been prepared for this project. The applicants plan to begin construction on the site in April of 1995, with a proposed opening in October of 1995. Under the Analysis portion of the Staff Report, the following sections were reviewed: Planned Development Rezoning; Development Agreement; Roads; Public Facilities Fee; Noise Mitigation Fee; Traffic Impact Fees; Creek Improvements; Changes to the Development Agreement; Mitigated Negative Declaration; and Fiscal Analysis. The Planning Commission held three public hearings on the project. In addition to the Planning Commission I s recommended approval of the Mitigated Negative Declar~tion, Mitigation Monitoring Program. Planned Development Rezoning to a General Commercial Planned Development and the Development Agreement, In response to items raised by the East Bay Regional Parks District, the PC has recommended that the City Council: 1) support, in concept, the preparation of a Greenway Study along Tassajara Creek; and 2) support continuing to work with the East Bay Regional Park District on trails consistent with the City's Parks and Recreation Master Plan and Eastern Dublin Specific Plan. The City Council could indicate by minute action its support for . these two items. Mayor Houston asked if there were any detailed drawings of what the buildings will look like. Ms. Ram stated they had not yet received a submittal and she understood that they plan to submit an application within the next couple of weeks. ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 43 e e Cm. Burton questioned why the site development review wasn't done at a public meeting, but rather by a Staff review. This is our gateway. We don't have a front door and this is important. He stated he did not want to hold the project up, but felt the site review should be more of a public situation. Store fronts are very important. Ms. Ram stated the Specific Plan gives good guidelines regarding the type of development we are looking for. The guidelines were revised and modified with community input. Cm. Burton felt they should spend some money on what it is going to look like. Cm. Moffatt asked if it would be possible to have information given to the City Council and displayed publicly within the appeal period so that if there are problems, it could be appealed. Mr. Ambrose stated the City Council could make it a condition of their action tonight that the site development architectural review come back to the Council. Mr. Tong stated they typically notice items for public review, but this would not be brought back for a public hearing unless it was required by the Council. . Mayor Houston stated we need to see what it will look like. Mr. Ambrose stated Staff could set up the SDR portion for the City Council to review. Mr. Tong stated they could bring it to the City Council as a condition of approval. Mayor Houston confirmed that this was what they wanted. Elliott Healy asked if, in the eastern development area, the City has any general guidelines as to a particular type of structure. Will they have a uniform look? Mr. Tong stated the City has not established an architectural theme, however, we do have specific adopted guidelines which call out the quality of the design and the need for the design to be consistent. These guidelines were adopted in the General Plan. Adolph Martinelli, Alameda County Planning Director said they are happy to bring forth this first project. The County annexed the Santa Rita property to the City in 1986. This site is directly north and across the freeway from 130 acres designated for commercial in Pleasanton. They have conceptually worked with an understanding that the efforts ' ~~*********************~~~~~~~~~*~*********************~*********~....********~.***** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 44 e e of the County must fit in with the requirements of the rest of eastern Dublin. They have committed over $10 million to build the backbone infrastructure. This project is extremely important to carrying out a logical and orderly development in eastern Dublin. Without this project. costs for the rest of the area would be prohibitive. They will retain in escrow the funds to build the frontage improvements. They have agreed to contribute 15 acres to BART and 2 acres for parking. This was the site of the old Santa Rita Jail. They spent $1.7 million in clearing this site in order to move forward. The County has also contributed right-of-way for the construction of Hacienda Drive. In summary, he stated they are confident the Homart Project will meet the City's standards. Cm. Burton asked if there had been any discussion of developing a theme. Mr. Martinelli stated the Specific Plan sets design standards. The theme will have to do with street landscaping, etc. The conceptual designs are consistent with the standards in the SP. They have not set an architectural motif for the project. Homart is negotiating with tenants. The architectural theme is evolving as they go along. Glen Anderson with Homart Community Centers thanked Staff for all their work over the last 7 or 8 months on their project. Their entire te.am was present tonight and available , for questions in the various areas. Homart is a subsidiary of Sears Roebuck & Co., and was started in 1959 as the development arm. They specialize in community centers. .In 1993, they built about 2 million square feet of commercial and a similar amount in 1994. Homart prides themselves in building quality centers with a unified design theme. They agree that the City Council should be able to participate in the design review process. They will bring forward their elevations as they are developed. Mr. Anderson showed slides of several of their projects. They have hired what they believe is the leading architectural designer in California. Cm. Burton stated they should be aware that Dublin has a character. Everyone becomes Irish on one day of the year. Emerald is another thing that could be projected. AI Hunter suggested that maybe we should have them investigate and address the design to see if we could mitigate the graffiti problem in Dublin. Maybe it could then be added to future projects. Carolyn Morgan stated they have been waiting a long time for this. The only thing holding up the project was that the County had not cleared it. She reminded the ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 45 e e Council if it is bad, they will be blamed for it. The City should also be interested in what the back of the project looks like. Landscaping is also very important. Perhaps we could get away from the standard colors and go with a nice shade of green. There is no theme for eastern Dublin and this is one of the things they have argued about since 1987. It is important for the City Council to retain their right to reject approval for any building that goes up. Marjorie LaBar commented, "Finally, at long last; this project is long overdue." She was very pleased to see this project go forth. She also urged the City Council to retain design review and to make it a public hearing. It should be well publicized as this is our front yard. We have a chance to see what the City Council promised the citizens when individual projects came up. John DiManto distributed a one page comment letter with 12 suggestions regarding the 75 acre Homart Rezone. Included in the comments were his objection to the magnitude of the project. because if it is approved in its present form, it will have an economically devastating impact on the existing West Dublin merchants. If the 75 acres are developed within the next 3 years, it will have a tremendous adverse economic impact on the implementation of the East Dublin Specific Plan as it will be set back about 5 to 10 years. He also felt Homart should be required to produce a scale model of the entire project for public review and comment. He also questioned Staff's preliminary conditions of approval for the project architecturally and aesthetically. Cm. Burton thanked Mr. DiManto for his comments and stated the City looked forward to him bringing in a project on his 80 acres. Tom Ford expressed concerns about affordable housing~ Most of the air rights are very poorly utilized and these air rights could be nicely utilized if they were dedicated to senior housing. Services could be developed to serve this population. The City has an opportunity to use some creative thinking. He hoped that in a year or so after a lo~ of time has been devoted to this project. we don't end up like the K-Mart project in Livermore with things held up because they didn't do their financial homework. He stated he was a little embarrassed being a Dublin resident because the Council really doesn't know where Dublin's downtown actually is. Mayor Houston closed the public hearing. Ms. Silver advised that regarding the comments related to having the SDR come to the Council, Staff had drafted some language to be included as Condition #38 on Page 9 ~************~****************************************************~****************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23,1995 PAGE 46 e e of the resolution approving and establishing findings and general provisions for the PD rezoning (Exhibit I). Condition # 14 on Page 7 of the same resolution should also be revised to provide that the City Council rather than the Planning Department would provide the SDR approval. Condition #38 would read, "Notwithstanding Sections 8-95.0 et seq., of the City's loning Code and Section 8-95.060 in particular, the City Council shall be the approving body for the Site Development Review application for the Santa Rita Commercial Center Project (PA 94-001). The City Council shall consider the Site Development Review application at a public meeting and shall make the findings pursuant to Section 8- 95.070. Notwithstanding Section 8-95.090 of the loning Code, the decision of the City Council on the Site Development Review application shall be effective immediately. Any waiver of Site Development Review shall be consistent with Section 8-95.100. Notwithstanding Section 8-95.110, any revision or modification of the Plan approved shall be heard and decided by the Planning Director." The revised Condition # 14 would read, "Prior to obtaining building permits, the applicant must receive Site Development Review (SDR) approval from the City of Dublin City Council for PA 94-001. Said application for SDR approval shall include a visual survey to ensure scenic vistas as identified in the Eastern Dublin Specific Plan and FEIR are not blocked." Ms. Ram indicated for the record that a letter had been received today from Cassidy & Burgess. Cm. Moffatt made a motion, which was seconded by Cm. Howard to approve Staff's recommendation. With this motion still on the floor, the Mayor called for a motion on the issue. Cm. Burton then made a motion, which was seconded by Cm. Barnes, and which passed by a unanimous vote, to adopt RESOLUTION NO.5 - 95 APPROVING NEGATIVE DECLARATION AND MAKING FINDINGS REGARDING ENVIRONMENTAL IMPACTS CONCERNING THE SANTA RITA COMMERCIAL CENTER **~~*********************~***************~******************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 47 e e and waived the reading and introduced ordinances: 1) amending the loning Ordinance to permit the rezoning of real property located at the southeast corner of the intersection of Dublin Boulevard and Hacienda Drive: and 2) approving Development Agreement for the Santa Rita Commercial Center. The Council also continued the item to an adjourned regular meeting to be held on January 31, 1995. .,............. '."""'+' ",....," GARBAGE AND RECYCLING SERVICES DRAFT REQUEST FOR PROPOSAL AND DRAFT AGREEMENT (810-30l Administrative Services Director Rankin advised that the current agreements for solid waste collection and disposal, as well as recycling services expire in March of 1996. The City's Consultant has assisted Staff in preparing a Request for Proposal which will seek bids on a variety of services. Alternatives are presented in order to obtain costs on services not currently provided. The Consultant has also prepared a Draft Agreement outlining terms and conditions. Also, at a previous meeting, the Council requested an opportunity to reconsider the procurement process for obtaining these services. Mr. Rankin reviewed the summary of key service options to be solicited in the RFP. These included: Residential Garbage Collection Options: Options to Change the Frequency of Special Clean-ups: Expand Recyclable Materials Collected by Curbside Program: Commercial Recycling Program: and Residential Green Waste Collection. The City will be seeking proposals for a firm to provide services for an initial 7 year period. Based upon the current cost of garbage and recycling services, the cost of this agreement over the next 7 years is estimated to exceed $17 million. In summary. Mr. Rankin requested that the City Council receive input on and provide direction on: 1) Service Options: 2) Request for Proposal Evaluation Criteria: 3) Draft Agreement Key Terms: and 4) Method of Procurement. Cm. Moffatt noted that the RFP is to be in place for one year before the changeover. - He asked if the companies need a year to gear up. Mr. Rankin stated actually, it will be about 9 months if we are able to negotiate an agreement by June 30th. There is a long lead time on purchasing capital equipment. Staff feels they are actually pushing it with 9 months. Cm. Moffatt felt that both Waste Management and BFI are large companies and they. should certainly have the equipment to do this. ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 48 e e Scott Hobson, Consultant, explained that in their experience, we are not doing this too soon. There may be some things that might delay the actual award of the contract. There are lead times to purchase new equipment, new containers, etc. There needs to be a plan executed which may provide services which have not been done before day one of the agreement. They actually recommend 18 months to 2 years in advance. There is not a significant excess of time. Cm. Burton asked if there was some financial reason why 7 years was selected and not 10 years. Mr. Rankin said 7 years is calculated for depreciation of the equipment. Cm. Burton stated he would like to see backyard pickup service continued in the RFP because of hardship cases. He asked If this would be in the RFP as an option to the City. Mr. Rankin explained that the way the costs will come back will be a cost for the entire contract. Through a process, we would review what rates generated the revenue. They are asked to provide alternative cases where necessary. Cm. Burton stated his point was the special needs should be included in the RFP. Mr. Rankin referenced Page 15 of the Draft RFP which addressed this. Option A would be current service and Option B would be automated service. Mayor Houston asked if we would be locking ourselves in or if we are just asking for different alternatives. Mr. Rankin stated we will get a price to do backyard service and we will get a price on the other option if they are able to go automated. Mayor Houston stated he just wanted to make sure that we can choose in the end and that our options are open. em. Moffatt asked if this will be a mix and match type thing. Mr. Rankin stated on the automated, it would be an either/or situation. On the recycling, it could be more flexible. ~***~~~******~~~******~~****~~******~~*~*******~*************~~~*****~~*****~~***~*** CITY COUNCIL MINUtES VOLUME 14 REGULAR MEETING January 23,1995 PAGE 49 -- e Mr. Ambrose stated the purpose at this time is to see whether anything should be included or deleted from the RFP. Cm. Moffatt stated he would be interested in knowing the dumping fees for people with pickup trucks that take their garbage to the landfill. Mr. Rankin explained that at some of the landfill facilities, ratepayers have subsidized them and they therefore get special rates. Pleasanton ratepayers constructed a facility and they feel they should get a break. It would be hard for a bidder to incorporate this. We have tried to address this by providing 4 cleanups per year, plus people can get a handy hauler. Mayor Houston asked how the quality of service is factored in. Mr. Hobson stated one of the things they will look at is for proposers to provide examples of where they have provided similar services to other jurisdictions. They will follow up on references. This would be one means of determining whether they have the experience of providing the services. They are very familiar with the large companies and with some of the regional or local companies. They know the type of service they provide and they would balance the information. Mayor Houston asked if he had ever been involved in a situation where the lowest price did not get the bid. Mr. Hobson stated yes, he had seen this happen. Ingrid Register. Sutton Lane thanked the Mayor for letting her call him. She really likes the service we have now and would like to see us not settle for less. She asked if residents will know what the increase will be if grass pickup is decided on. She likes the bonus trash days. Mr. Rankin stated the cost of the yard waste program will be one price increment, so we will know what that price is. Bob Dillon, Via lapata discussed the fact that a couple of months ago, BFI implemented a plan in Fremont. They came in low and then rates went up. His aunt had a problem and it took her 3 weeks to get her garbage picked up. He cautioned the City to look at the numbers carefully. Newark is going through the same process. He urged Dublin to contact both cities. ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 50 . e Elliott Healy, Betlen Drive felt that perhaps the people evaluating this are missing a source. They should survey people in the area to get their opinions. He also heard about someone who lives in Fremont who had a lot of problems with BFI. Gaye Hyde, Prince Drive resident for 25 years. stated she couldn't believe she was down here on a rainy night to talk garbage. The service is so good, she takes it for granted. What brought this to light was the postcards she got from BFI. She was concerned about how they are already doing business. The second card only said we want to see the City go to bid. She questioned where the postcard was that says we would like to see the City negotiate and keep what we have. She complimented the City Council for their accessibility. She hoped the City Council did not feel the cards returned were a mandate. You could subtract 700 from all the houses in Dublin and say the majority want to stay the way we are. She appreciates the free pickups. The service is excellent and dependable. She likes the way Waste Management does business and doesn't like the way BFI does business. Dr. Bonish, Rampart Drive has lived here since 1963. He endorsed the previous speaker's remarks. The question is, what's broken? Frankly", he needs the exercise of taking his garbage out to the curb and he will be happy to continue to take his cans out. He took the opportunity to get his bill out and for january, February and March of 1995, his bill is $15.98. He felt Dublin has a sweetheart deal as far as rates are concerned. He was opposed to the Council fixing anything that is not broken. Anna O'Brien. Valencia Street stated she was glad to hear that everybody is on her side in this issue. She is nervous about changing. The route men are wonderful. Roger Claig, Beverly Lane felt we need to look at green waste. He gave information about how San Diego handles their program. He felt Dublin was getting a great deal on trash service. Mayor Houston asked if all the different recycling options would be available. Mr. Rankin stated the RFP was drafted to only add HDPE recyclables (milk jugs), but it could be expanded. Robert Patterson, Rolling Hills Drive stated he was concerned about green waste and also cardboard. He was sure there is money in this. ~~~~~~~~*~~*~~~~***~~~ftft****~~~~~**ft************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 51 e e Dave Greed, Kingston Place stated he was very happy with the current service. The special pickups are a very good idea. He urged the City Council to pursue a sole source proposal. Tom Ford, Tina Place felt the current service is excellent and the people are courteous. He felt the quarterly service special pickups should occur more often; maybe every other month. He endorses green waste. He has really cut down on the amount going to the landfill. Most people seem to be really happy with the current service. He asked if it would be economical to include the cost as part of the City's tax base. Mr. Rankin advised that the City currently collects on the tax bill for basic service. Any individual who requires additional cans is billed directly by the company. With regard to the gentleman who spoke earlier about his bill, this bill was for service over the base rate that's billed on his property tax bill. Bonnie Moss, Public Affairs Manager for BFI stated they expressed interest last fall to be able to bid in the competitive bid process. They are very interested in showing what they can do. Results of the survey have been distributed. An open competitive process gives the City a choice and gives a better deal to the citizens. She encouraged the City to put forth an open and competitive process as this is the largest contract the City will have. Mayor Houston asked how the survey was devised or put together. Ms. Moss responded they were very happy with the survey. They used a commercial list and,it was sent to about 8,000 households. A 5% response rate is considered outstanding, and In this case, it was about 14%. In Newark they called and talked to many people and asked them to express their views to the Mayor and they gave out the Mayor's telephone number. Marjorie LaBar felt the local service is excellent. She doesn't mind taking the trash out to the curb. She was still concerned about a $17 million contract not going to bid. A , lot of things could be talked about after we see what a competitive bid will do. Maybe. Waste Management will take a closer look at their numbers if they know someone else is after the contract. She would like to see what happens with an open bid process. In the last election, the message was, no more of the same old same old. Mayor Houston asked what a competitive bid means and how it would work. ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 52 e . Mr. Rankin advised the forms included asks them to put down specific prices. It is a sealed proposal. Because of the various alternatives, we won't be able to tell immediately how the proposals are structured. They will be asked to give us an annual number on the cost of basic service then options will be addressed. A period of time will be required to analyze the results. Cm. Barnes asked about the preproposal conference. Mr. Rankin stated this is mandatory. Anyone who intends to submit a bid must be at this conference. We would know who the players are at that time. Mabel Raglin, Larkdale Avenue stated she did not know we had a garbage problem. This is the first she had heard about it. We are already paying additional for recycling. She has not had one complaint in 32 years and they are very finicky. They garbage people have gotten a Christmas present for 32 years. The City Council people gave her an education on Saturday and she stated she really appreciated this. Dan Borges, LDD General Manager stated their company has serviced the City for over 33 years. Dublin had the foresight to start one of the first curbside programs in Alameda County. Every year they collecf more material than the previous year. The program is good and the citizens take recycling seriously. Dublin will be looking at additional programs in the future. They are ready and have the expertise and look forward to providing the programs in Dublin. LDD has been active in the community and the Chamber of Commerce recently honored them for being a memberfor over 35 years. They are involved in the Dublin Fine Arts Foundation program. The success of the recycling programs lies in the children. They work closely with the schools to promote recycling. They support FFA, 4-H programs, and the Dublin Historical Preservation Association. They also enter their recycling truck in the annual St. Patrick's Day parade. They got petitions and residents to sign saying they wanted to keep LDD as their provider; they got 1,100 signatures. They asked for an opportunity to negotiate a new contract with the City. Copies of the survey petitions were passed out to the City Council. Cm. Burton stated even though Dan is a fellow Rotarian, he was the one who called for reconsideration on this issue. It appeared to him that it would look bad down the road if someone questioned how we got to this point. This is a complicated issue. He felt it important as public policy to go to bid. He asked what difference it made to LDD whether we go to bid or negotiate. ******************~****************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 53 e e Mr. Borges stated the difference is cost for a consultant looking at the different proposals. In the end, it will save the ratepayers money to not go to bid. Cm. Burton stated rather than being accused of backroom negotiating, he felt public policy dictates that the City go to bid. Mr. Borges pointed out that they have a proven track record. Cm. Burton reminded him that all these things would be token into consideration. Cm. Moffatt discussed the current rates and the fact that we are about one-half the price of some of our neighboring communities. Castro Valley - $9.95; Dublin - $8.63; Clayton - $26.75; Concord - $23.25; and Pleasanton - $18.93. Weare really getting a good economic deal. Tanya Clark, Gardella Drive stated she Is a 30 1/2 year resident. She was happy to know that a lot of people ore satisfied. She has had a few complaints. over the years, however. It took 4 telephone calls and 9 weeks for her to get the recycling bins. She has had the lid left off her garbage can. Another problem she has had is when she puts her bins out with the recycling bottles. they only pick up the softdrink bottles, even though the others say PET on the bottom. Regardless of what company we go with, it still should be put out to bid. Our Country is based on a free enterprise system. We need to watch monopolies. Give it a chance to work. She suggested that in the RFP something be included for a smaller can with a slightly less rate. A 20 gallon can would be nice. ' , Andor Koval felt the service we have is pretty good. He questioned why the bid only comes up every 7 years and felt maybe it should be every couple of years. Once the contract is awarded, we are locked in for a long time. This could give us more options. Mr. Rankin advised that 7 years is the shortest time you can go because the company has to recover its capital costs. They would be required to charge initially a higher cost. With regard to comparing rates, this is difficult in part because a lot of cities have added other things into their rates. The City's current rates do not include the 17.9% requested by the current provider. Dr. Bonish asked if it was privileged information how much the City is paying the consultants. He questioned if the citizens of Dublin will have a voice in the selection of the vendor to perform the service. ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 54 e e Mr. Rankin advised that the current contract is for $29,000 up to the negotiating phase. It is then billed at an hourly rate with a total contract amount of approximately $45,000' on a $17 million contract. Mayor Houston felt it was important for people to understand that we are going to have a consultant regardless. The selection would be made by the Council at a public meeting. Cm. Howard stated she thought it should be opened up. Cm. Barnes thanked everyone for their input. Some of the people who signed the postcards said they liked the current service. They also signed the sheets to keep LDD. The City will be spending almost $20 million and she did not feel anyone would spend this much money without going out to bid. This is a really important issue. She loves Waste Management. but felt with this much money involved, the City should request bids. This is just a good practice to follow. Cm. Burton added that it is good public policy in 'order to be above reproach. Cm. Burton made a motion to go out to bid. Mayor Houston stated he was not ready for a motion. He wanted everyone to know that we need a consultant either way. We have good service. We have something that works at a good price. We should add the plastic bottle situation and look at all the options. When we discussed this previously. there was precedent in Dublin to not go out to bid. Last year the City Council reviewed Building Inspection Services and did not go out to bid. He felt we should continue to try to negotiate for a contract with the current provider. If there is a problem, we can always go back and revisit this. They should have the first shot. He would like to see us negotiate with Waste Management first. On motion of Cm. Moffatt. seconded by Cm. Howard, and by majority vote, the Council authorized sole source negotiations and determined that the RFP should be directed to ONLY Livermore-Dublin Disposal. Councilmembers Barnes and Burton voted against this motion. .........................+.........,........,.... ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 55 e e PROPOSED TEEN TASK FORCE (950-80) At the January 9, 1995, City Council meeting, Cm. Barnes requested that the matter of a Teen Task Force be placed on the agenda for consideration. The proposed TTF would be comprised on the following representatives: 2 Students each from Dublin High School, Valley High School, Valley Christian School and Wells Middle School; 1 Community Member; 1 Chamber Member; 1 School District Staff Member; 1 Parks & Community Services Department Staff Member; 1 Parks & Community Services Commissioner; and 1 City Councilmember. This would provide for a total of 14 members. The charge of the TTF would be to: 1) inventory what is available to teens in this community and rate these items; 2) inventory what is available in the neighboring communities and rate these items; 3) identify what is needed in the City of Dublin; and 4) setting aside all thoughts of cost, location, etc., identify what the TTF would like to see in our City. ' Staff recommended that the City Council appoint a member of the Council to serve on the TTF and direct Staff to advertise for opening on the TTF. Cm. Barnes reiterated that the teens should be asked to dream and to come up with a list of what they would like. Cm. Howard felt they should know that just because they wish for it, it doesn't mean they will get it, however. Cm. Barnes felt that if more than 2 per school apply. we should go for it. There must be more students than adults on the task force. Mayor Houston stated we will be advertising this in the newspapers and we should take all who are interested. We should open it up and we should not limit it to a certain number from each school. He suggested that Cm. Barnes head this up. Betsy Chapman stated they agree that there should be more than 2 students per school on the task force. Wells has 800 students and there's no 2 students who know everyone. This is for the kids and they know what they want so they should be allowed to come. ~*~*~*****~****~*************************~****************~****~*************~***~*** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 56 e e Nicki Millard, Crossridge Road said we need more kids. There are over 30 kids in the leadership class and they would all want to be on this. Kids do wont to participate in this. They are really motivated by this. Lisa Manskie, Rolling Hills Circle felt we should have a larger number of students on it and suggested 20 or 30 from each school. Trisha Meyer, Calle Verde Road agreed that a lot of people have ideas that could be used. Cm. Burton pointed out that there is a junior high and a high school at the Valley Christian campus. Mayor Houston felt that anyone who wants to can apply, and there would be one Council member. The list as suggested in the Staff Report has no validity. Hopefully, there will be lots of Chamber of Commerce members. Cm. Barnes felt the best way would be to send a' letter to ea<::h of the schools and advertise in the newspapers. Mayor Houston added that the service organizations should also be contacted and the Chamber should get a letter. Cm. Burton felt people will contact Diane Lowart, in Parks & Community Services and Cm. Barnes will take telephone calls. On motion of Cm. Barnes, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the formation of a Teen Task Force with unlimited membership and, appointed Cm. Barnes as the City Council representative and directed Staff to advertise for openings. .,"""""""',..,""",.+.,""',..,""""'""",.. 1995 GOALS & OBJECTIVES/BUDGET STUDY SESSION (100-80) No discussion took place on this item. It was continued to the adjourned regular meeting to be held on Tuesday, January 31, 1995. ".. '.' ........u.'..uu.. +... ...... ~~~********************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 57 ,e e PRELIMINARY REPORT ON GARBAGE RATE INCREASE REQUESTED BY WASTE MANAGEMENT OF ALAMEDA COUNTY (810-30) Administrative Services Director Rankin presented the Staff Report and advised that the City participates in a joint review of garbage rate applications with several agencies serviced by WMAC. The Consultant has issued the recommendations for 1995 rate adjustments. The report outlines various factors contributing to an estimated 17.9% increase in operating expenses. Mr. Rankin discussed the key factors affecting WMAC's request for increased revenues. These related to a change in profit calculation methodology. companywide landfill profit calculation, companywide calculation of collection profit, financial impact of revised profit methodology on Dublin revenue requirement, collection labor costs, disposal costs and projected Impact of changes in service levels. As detailed in the Staff Report, Mr. Rankin discussed: 1) unresolved closure post closure costs; 2) balancing account; and 3) recycling rate adjustment. Mr. Rankin stated Staff recommended that the City Council direct Staff to prepare the necessary documents to consider a rate adjustment at a public hearing scheduled for February 13. 1995. Staff will need to prepare schedules allocating the Projected 1995 Revenue Deficiency among the various classes of service (Residential, Commercial and Drop Box). Cm. Burton asked what we are supposed to do when we don't agree with some of these price jumps. Mr. Rankin stated about 60% of the changes were as a result of the methodology used for determining their profit. Mr. Borges stated for the last 4 years, the record shows that the profit received has not been adequate compared with previous years. Everything Mr. Rankin had reported is true and accurate. He understands the decision to keep the $267,000 in the balancing. account. but if this were to be used, the increase could be brought down to 6%. This could be included in the negotiations. There may be a way to deal with this in the negotiations. Mr. Rankin advised if the same methodology were used. the consultants projected it would be a 12.3% increase. The operating ratios that were being used as a sample to look ct was Keller, Canyon and the consultants felt that was not an appropriate measure so they looked for a different sample. ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 58 e e Cm. Burton asked if we have an alternative to this. Mayor Houston asked if we have to get this on the tax bill right away. Mr. Rankin advised that they are talking about having a deficit of $400,000 for 1995, so the longer we wait, the higher the rate increase will have to be. Mayor Houston asked if this can be incorporated into the negotiations. . Three members of the Council just said Waste Management provides very good service, but this increase is very poor timing on their part. Mr. Ambrose stated the City has an existing franchise agreement that requires us to reimburse them for their services. This is why we do it on an annual basis. Cm. Burton asked who the $267,000 belongs to and commented that it wasn't appropriate to change the rules at this time., Mr. Rankin responded that the money belongs to the ratepayers. The other alternative would be to direct Staff to come back with an alternative that grants them a different level of profit. Cm. Barnes asked about rate increases in past years. Mr. Rankin stated they have bounced up and down. Part of this was due to Measure D. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council directed Staff to prepare documents necessary for a public hearing on February 13, 1995, to consider adjustments to the Solid Waste Collection Rate Schedules. . .........,uu,......,+........., NATIONAL SMALL BUSINESS ADMINISTRATION TREE PLANTING PROGRAM 1995 (530-20) City Manager Ambrose advised that the Small Business Administration (SBA) Tree Planting Program funds grants to states for the purpose of stimulating small businesses and providing incrased job opportunities in local communities. The California Department of Forestry and Fire Protection (CDF) administers this grant program in California. CDF is accepting applications from state or local government agencies at this time for various tree planting projects. Grants are to be used for planting trees on lands owned or controlled by the agency applying for the grant. Applicants must make a match of at least 37% of the total project cost and pay a 20% administrative ' ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 19~5 PAGE 59 e e fee. The match, or in-kind contribution, can include the costs associated with planning and administering the planting project as well as maintaining and caring for the trees during the 3-year maintenance period. Mr. Ambrose stated possible projects in Dublin as listed in the Staff Report include: 1) replace all missing trees in medians and sidewalks on Village Parkway, Dublin Boulevard, Amador Valley Boulevard and San Ramon Road and replace weak and damaged ash trees on San Ramon Road with a more suitable tree: 2) provide additional small trees on Wildwood in the Dougherty Road Assessment District: and 3) provide trees for windbreaks along the south side of the Dublin sports Grounds adjacent to the freeway. Mr. Ambrose stated the total estimated project cost would be $95,815 with the total estimated cost to the City being $32.460. Cm. Burton asked if we get to select the trees. Mr. Ambrose stated Staff would make sure that local small businesses provide the trees. He pointed out that there is no guarantee thatwe will get this grant. On motion of Cm. Burton. seconded by Cm. Barnes, and by unanimous vote, the Council directed Staff to submit the grant application. """""""'.'."""'..'+"""""""""""""" PROPOSED TRI-V ALLEY TRANSPORTATION PLAN/ ACTION PLAN - EXPLANATION OF LAND USE ISSUE (l060-401 No discussion took place on this item. It was continued to the adjourned regular meeting scheduled on Tuesday, January 31,1995. "......., ...."........+'''.......' OTHER BUSINESS ABAG Subreoional Pilot Prooram Grant (140-10) Mr. Ambrose advised that the Tri-Valley Council had gotten their Tri-Valley Subregional Pilot Program grant and they will be holding their meetings at 7:30 a.m., here at the Civic Center. .......------.............+.............'--..'...... ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 60 e e Councilmember Comments/Commendations (610-50) Mayor Houston stated he Wanted to compliment Mehran Sepehri who did a very good job at the Tri-Valley Transportation Council meeting. Mayor Houston commended the Police Chief for the report by Rose Macias on the flood damage. em. Barnes expressed her appreciation to the two ladies who put together the City Council packets because they worked very hard and delivered them in the rain. ............................+............ CLOSED SESSION The scheduled closed session related to a confe~ence with Labor Negotiator Richard Ambrose related to unrepresented City employees was not held, but rather it was continued to the adjourned regular meeting to be held on Tuesday, January 31, 1995. ..""""""'.""+.""""'.'.".""'.".'" ADJOURNMENT There being no further business to come before the Council. the meeting was adjourned at 11 :52 p.m. ..."....................,..+.... Mayor ATTEST: City Clerk ,......,...................+.....,................. ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING January 23, 1995 PAGE 61 e e ADJOURNED REGULAR MEETING - JANUARY 31, 1995 An adjourned regular meeting of the City Council of the City of Dublin was held on Tuesday, January 31, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Houston. ..........""'.'."'.".'...+-..."'."'......."".",... ROLL CALL PRESENT: Council members Barnes, Burton, Howard, Moffatt and Mayor Houston. ABSENT: None ..""""""""""."..'+.."""'" PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. ........., ................+~.,......,.............., CONSENT CALENDAR ~ On motion of Cm. Burton, seconded by em. Moffatt, and by unanimous vote, the Council took the following actions: (NO minutes were on the agenda for approval.) Authorized Staff to solicit bids for one (one year old) unmarked police vehicle and a transfer of emergency equipment (350-20); Authorized Staff to solicit bids for four marked patrol vehicles (350-20); (The cost of replacing three will come from the Internal Services Fund and the fourth will be paid through contribution from Annexation Agreement with east Dublin property owners.) Cm. Burton requested that the item dealing with the Tri- Valley Transportation Plan/Action Plan be pulled from the Consent Calendar for discussion. He was concerned that this is being discussed already by the press and asked for a status. *~*********************************************************************************** CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 62 e It Mr. Thompson stated what happened at the last meeting after the letter was presented, there were some modifications made in the plan to make some concessions to us. Mayor Houston stated a draft letter was presented at the last meeting. Cm. Burton stated he objected to some of the comments in the letter. Mr. Thompson stated the Council did not act on the item at the last meeting. Mr. Ambrose clarified that the Mayor requested modifications to the last letter. Mayor Houston asked if Staff had a copy of his memo. No copy was available. Cm. Moffatt stated this was put on the last agenda at his request but things have happened since that time and the letter needs to be revised Cm. Burton stated he understood that Contra Costa County had a problem with meeting a deadline. Cm. Moffatt stated Mayor Houston did an excellent job getting a compromise which says that any growth constraints would be looked at in the future. We agreed on many poin ts. Mayor Houston felt that at the next City Council meeting maybe we could get a copy of his draft and this would clear up things. All of the City Councils have to approve this. Cm. Burton stated it sounded to him like we had made a decision. Mayor Houston stated it was his position that he didn It want to piecemeal it but rather to see the whole package together. If will come back to the Council on February 13, -' so we can make comments at that time. ' Mr. Thompson stated these same issues were brought forward way back when. Cm. Burton felt that other jurisdictions should not be making the decisions for us. ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 63 e - On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council received an informational report on the proposed Tri-Valley Transportation Plan/Action Plan - Explanation of Land Use Issue (420-70/1060-80). .----.........'..........+'............---- PUBLIC HEARING - SANTA RITA COMMERCIAL CENTER PLANNED DEVELOPMENT RElONING AND DEVELOPMENT AGREEMENT PA 94-001 (450-30/600-60) Mayor Houston opened the public hearing. Associate Planner Jeri Ram presented the Staff Report and advised that this Planned Development Rezoning would allow an approximate 800,000 square foot shopping center on the 75 acre site at the southeast corner of Dublin Boulevard and Hacienda Drive. The Council will also consider the associated Development Agreement. This is the second reading of the Ordinances approving the Rezone to a Planned Development and the Development Agreement. Ms. Ram explained that should the Council so desire, it could adopt by minute action the recommendations by the Planning Commission related to the East Bay Regional Park District's request to: 1) support in concept, the preparation of a Greenway Study along Tassajara Creek; and 2) support continuing to work with the EBRPD on trails consisten,t with the City's Parks and Recreation Master Plan and Eastern Dublin Specific Plan. Ms. Ram advised that at the public hearing held on January 23, 1995, the City Council directed Staff to include a condition to the Resolution Approving and Establishing Findings and General Provisions and Conditions of Approval for a PD Planned Development Rezoning that would require that the Site Development Review Application for the Project be approved by the City Council rather than the Planning Director. Staff added Condition No. 38 and Condition No. 14 was modified in accordance with this direction. An aerial map of the site was displayed. Ms. Ram noted for the record that a letter was received today from Cassidy & Verges. Cm. Burton requested that Staff explain the tiered EIR concept. There are significant impacts not covered by the EIR ~*****~*******~***************~*******~**********************~*********************** CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 64 e e Ms. Ram stated they had just received the letter. In this instance, we did a program EIR and we don't feel that it is necessary to do a tiered EIR. We felt we could do a Mitigated Negative Declaration. Ms. Silver explained that for this project a program EIR was done. A tiered EIR builds onto the program EIR. Cm. Moffatt asked if the EIR we have is a Negative Declaration because there is no significant adverse affect. Ms. Ram stated yes, with the incorporation of mitigation measures there are no significant environmental impacts. Don Casper with Homart Development Co., stated he was present to answer any questions. He stated Pat Cashman with Alameda County Surplus Property Association was also present. They are ready to go with the project and think it will be a great addition to our City. Mayor Houston closed the public hearing. Cm. Burton commented that at the last meeting. the Council requested that the SDR process would include the Council seeing what it is going to look like. He asked if this was still in the works. Mr. Ambrose responded yes, Staff will work with the applicant and get the details and then bring it with a recommendation directly to the Council. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council: waived the reading and adopted ORDINANCE NO.2 - 95 AMENDING THE lONING ORDINANCE TO PERMIT THE RElONING OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DUBLIN BOULEVARD & HACIENDA DRIVE (APN 941-15-1-4 POR) ~~~~~~~~~***************************~~~*~**********************~~~~~~~~~~~~********** CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 65 e e adopted RESOLUTION NO.6 - 95 APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT RElONING CONCERNING PA 94-001 SANTA RITA COMMERCIAL CENTER waived the reading and adopted ORDINANCE NO.3 - 95 APPROVING DEVELOPMENT AGREEMENT FOR THE SANTA RITA COMMERCIAL CENTER Also, as part of the motion, the Council agreed to: 1) support in concept, the preparation of a Greenway Study along Tassajara Creek; and 2) support continuing to work with the EBRPD on trails consistent with the City's Parks and Recreation Master Plan and Eastern Dublin Specific Plan. ............................+.... 1995 GOALS & OBJECTIVES/BUDGET STUDY SESSION (100-80) City Manager Ambrose stated the City Council annually holds a study session meeting to define the City's Goals & Objectives for the upcoming year. This study session provides a means for the Council to provide Staff with guidelines for developing the City's Annual Budget for the upcoming year. Staff requested that the City Council: 1) Determine process to be used; 2) establish meeting date for Goals & Objectives Study Session during the week of March 6, 1995; and 3) determine if the Budget Study Session should be held on the same date as the G&O Study Session or at a separate meeting. Cm. Burton thought the format was good. The only thing that seems to hover as a problem is how each one interprets the numbers. Maybe Staff could again, give them a rule of thumb. This helps a lot. Some members of the Council are more conservative than others in their ratings. Mr. Ambrose stated Staff could provide the definition of the ratings. The Council discussed dates, determined that the process/format should be the same as used in previous years. and by a consensus, agreed to hold the Study Sessions on Monday, March 6 and Tuesday. March 7,1995. .............,..............+....... ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 66 e e DUBLIN EXTENDED PLANNING AREA INFRASTRUCTURE STUDY (l060-90) Public Works Director Thompson advised that in December of '1989, the City Council approved a study for Eastern Dublin which, in part, attempted to assign costs for several interchanges on 1-580. One recommendation of this study was that Dublin and Pleasanton would share the cost of the Hacienda and Tassajara interchanges. In the process of Dublin's developing a traffic Impact fee for Eastern Dublin, the City of Pleasanton raised the issue of repayment to Pleasanton for a share of the interchange improvements. This item requests City Council direction regarding funding mechanism(s) to implement the concept of the 1989 study. The result of the study prepared by John Heindel was that each jurisdiction would build its own interior major street system and that Pleasanton and Dublin would share the costs of the Hacienda and T assajara interchanges based on a proportionate share of each City's traffic generation using the interchanges. Also, it was recommended that the Fallon interchange be improved by Livermore, Pleasanton and Dublin, again based on traffic generation. The Hopyard/Dougherty Road interchange was not included in the Heindel Study Mr. Thompson stated the result of this exercise will undoubtedly increase the Traffic Impact Fee in Eastern Dublin (by about 8%). The preliminary estimate from the Heindel study was a net $8.5 million to be paid to Pleasanton by Dublin developers. Burton clarified that Staff will come back to advise how this will be negotiated. Mr. Thompson stated they are going to dust off the report to see how it all came about and will review it to see how it will work. Cm. Burton commented that he felt that other agencies that call themselves traffic mitigators are going to try to lower the boom on us. Mr. Ambrose stated we don't have a legally binding agreement. We may come back, and indicate more review is required. We are trying to work with our property owners as well as Pleasanton. We may need to move on to another study. Cm. Burton asked if the proposed amount of traffic generated will determine how much we pay? ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 67 e e Mr. Ambrose stated it depends on what level you look at this. If you look at all those other issues, another study may be necessary. We need to do some review to see if we can get by with the Heindel Study. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO.7 - 95 STATING INTENTION REGARDING INFRASTRUCTURE BENEFITING PROPERTIES WITHIN EASTERN DUBLIN ,u.. uu'u'uuu,~'u....u.............". OTHER BUSINESS Viacom Cable Requlations (1050-20) Cm. Barnes stated she had gotten several comments regarding the change Viacom is making with regard to taking off the Nashville N~twork. They have country western music and dancing, programs on arts and crafts and also auto racing. Telephone calls she has received are getting hot' and heavy about getting rid of the Nashville Network. People are upset with the way this has occurred. Cm. Barnes stated she was upset with Viacom's wording about expanding the channel capacity. Community TV issues also concern her. Viacom seems to be in non- compliance with several things. Cm. Howard reported that Don Miller stated in a news article that a decision had been made about taking off the Nashville Network. Mayor Houston asked who we talk to to find out more about this. Mr. Ambrose advised that Staff would contact Viacom Cm. Barnes asked what our recourse would be. One person told her she had written letters. Initially she was told that letters wouldn't do any good because it was a done deal and then someone else told her letters are important. Mr. Rankin stated some of the information he saw wasn't quite accurate. There may be some misinformation going around. ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31,1995 PAGE 68 e e Cm. Howard stated she would like to know more about the must-carry stations. We have 2 Chinese and 2 Spanish Mr. Rankin stated unfortunately because of our geographic location, and the way the bands were drawn, we have a large number of must carry stations. Mayor Houston stated he thought Washington Is reviewing this. People are frustrated that all of a sudden one day it is cut off. If they could make their opinions known, this would be better. He did not know what the lead time is. Mr. Rankin advised in this case they were refusing to carry the station they must put on and they lost, so now they are taking off the Nashville Network to carry this other station. Cm. Barnes requested Staff to ask Viacom when they are going to increase their ca pacity? ....'..................'+.----....................... BART (1 060-30J Cm. Barnes asked what the City Council would be doing with regard to responding to the letter from Bob Fasulkey asking about BART and the 120' antenna. What can be done about this. Mr. Ambrose stated the Council discussed this and gave Staff no direction. They can apply political pressure, however. . Cm. Howard asked if they have a mock up of the BART Station and what it will look like. Cm. Moffatt questioned 'if they would have a model over at the BART, office in Pleasanton? em. Burton stated if they are already going to bid, this is finished. Mayor Houston stated if anything, we just want to know what their concept is. It is kind of late in the game for this. Cm. Moffatt questioned if, under FCC regulations, we have any jurisdiction over antennas? ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 69 e e Cm. Burton stated it can't interfere with other people. Cm. Moffatt stated he thought antennae weren't under the purview of the Planning Commission. em. Burton commented that cities can control antennas. Ms. Silver advised that cities cannot control those that transmit but can control receive only antennas with respect to land use issues, such as height, visibility, distance from street, etc. Cm. Burton felt the best bet would be to ask them to move it somewhere else. ...uuuuu,+ u Hazardous Waste Plan (850-70) em. Moffatt reported that the Waste Management Authority had a Hazardous Waste Management Plan that came out several years ago and because the State was low on money, it wasn't certified. The State has now decided that they will certify it and this will come back within a month or so. . Cm. Burton asked if this was for Household Hazardous Waste? We have 3 pick up centers. Cm. Moffatt stated this has to do with sites that generate. There is an inter-jurisdictional agreement that will come back for re-evaluation. If we don't get involved then the State has the ability to site a hazardous waste generator in the City. The State would come in if we don't get involved. Cm. Burton commented that this sounded like a threat. uuuuuuu , . '~...,..........,..,......u Peddler Permit/License (390-40) Cm. Moffatt stated a citizen had asked him if the City Council would be interested in an ordinance to make it illegal for door to door solicitation to occur, especially if they have a sign that says no solicitors allowed. This came up mainly regarding the safety issue of. homes; ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 70 e e Cm. Burton thought it was a green river law that's been around for a long time. He asked if the City has been giving out permits. Ms. Silver stated Section 4.16 of the DMC requires peddlers to get a permit. There is a difference between peddlers, solicitors, and/or charitable contributions. Peddlers are required to get a permit from the City. There are restrictions regarding what type of ordinance you can adopt because of First Amendment protected activity. em. Moffatt thought the issue was having them come before a certain time in the evening, such as not allowing them after 7:00 p.m. Ms. Silver advised that the courts consider 7:00 p.m. as being too early. Mr. Ambrose stated you can't discriminate between Girl Scouts and other non-profit groups. Ms. Silver stated currently the hours of allowed aCtivities are from 9:00 a.m. to 9:00 p.m. but can't go to locations where "No Peddlers/Solicitors" signs are posted. Cm. Moffatt asked if someone does go to a house with a sign, if an individual could call the police and have this is noted on the application of the individual and then this could prohibit them from getting a permit in the future. Ms. Silver stated a person could be fined or imprisoned for 60 days. This would also be grounds for revoking the permit. We have nothing in place for people going around soliciting for charitable contributions. You can do this, but the limitations can't be very strict. . Mayor Houston felt what we have right now is sufficient. The illegal ones are probably not getting permits anyway. He did not perceive this as a great problem. Monitor it if we must, but keep what we have. Cm. Howard advised you can ask them to show their permit and if they don't have one. you can tell them they can't do this. """"""",.........'.'... ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 71 e e Appointments to Tri-Valley Plannina Council (110-30l Cm. Moffatt reported that he and Mayor Houston attended the Tri-Valley Planning Council meeting and we got the grant to move forward with subregional planning. A MOU will be submitted to the City Council for consideration. Cm. Burton felt this was just another nosy group. Mayor Houston stated their request is to have a Council representative and an alternate. He advised that he would be the representative and Cm. Moffatt will be the alternate. The meetings will be at 7:30 a.m., on Mondays. Cm. Burton commented he has been against this all along. Mayor Houston stated they will report back to the Council. .."""""""""""""'+."".'...""."""""'" Appointments List (110-30) Cm. Barnes requested that Staff provide the Council an updated list of all the committee assignments. .'..'......................'+......'.... St. Patrick's Day Parode (950-40l Cm. Burton asked who was going to sign up to be in the Sf. Patrick's Day parade? He likes the idea of walking in order to work the crowd. Cm. Howard asked what if it rains? Cm. Burton stated he still has the signs that say. "No Dirt in Dublin". Mr. Ambrose advised that Ms. Lowart could handle this for the City Council. Mayor Houston stated they still have plenty of time to deal with this. Everyone can do whatever they want. Beth can ride in a car and they can walk behind. """"""""'..."'.'+..".'..""".""'.""". ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 72 e e CMA Video Beinq Produced 11060-601 Cm. Burton advised that someone from CMA is going to comer around and take videos of each member. This might be worth the City Council knowing what's going on since this will be produced as a public video. He wants to meet with each member and ask about the Issues involving each city. This is serious and scary. He commented that he did not feel it was a good idea to go on tape. Cm. Moffatt stated for Dublin, it has to do with the 1-580/1-680 interchange, Highway 84, etc. Mayor Houston stated this is a professionally done thing and it's not live so there can be editing. ' Mr. Ambrose stated Staff could take a look at what's needed and a script can be developed. Cm. Moffatt stated he had a problem with the City Council trying to muzzle anyone on the Council from saying what they want to say. .,_.._,.........""..~,...................." ConqressmanBaker's Lease (600-20) Mayor Houston stated he had been contacted by Congressman Baker's Office regarding their lease of -space at the Civic Center. Mr. Rankin advised that he had spoken with Earlene DeMarcus, but he hasn't heard back. He needs to get them a draft. Current lease allows them to use copy machine, but not the fax. ._----------, +. School District Liaison Committee (515-30) Mayor Houston reported that he and em. Burton met with the School District Liaison Committee and they will be coming back to the Council regarding putting together a task force to study the whole concept of joint facilities use. ...........................+. .............-- ......, ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 73 . e State Prisoners @ Santa Rita Jail (580-70) Mayor Houston stated he had gotten a couple of calls on the State prisoners issue. Whenever there is a lack of information, people tend to get scared. Lt. Gomes stated the best way to get information would be through the Sheriff's Department Administrative Services They have questions themselves. State prisoners have been housed there before. They will find out exactly how many, how they will be handling them, what type of prisoners they will be, etc. Mayor Houston requested that an update report be given by mid-February? .. ...................."......v.'.......'......."..."..., State Leaislation on Term Limits (660-40) Mayor Houston stated he had gotten something from the League of California Cities legislative bulletin that Senator Kopp is introducing a Senate Bill related to term limits. He would like to see this on a future Council agenda supporting this legislation. This would allow a City like ours to put it on the ballot. Right now, we cannot do this. He believes in this and would like the City Council to take a position. Charter cities can do this now. Cities can choose to do it or not do it. Mayor Houston requested that this be placed on either the February 13 or 27 agenda. ";:" ...............................'.'..'+..'.'.'.'.'...,.....,......,.,.....,........... Appointment to CTV 30 Board (110-30) Mayor Houston stated he had received a communication from Community TV and they have decided to continue with a second appointment on this Board. Edy Coleman is on this Board and the other spot was formerly held by Cm. Howard. Dublin will continue to have two representatives. He reported that he had spoken with Claudia McCormick and she has agreed to fill this vacancy. ...,..............uu,+.,',..".........,.... ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 74 e e CLOSED SESSION At 8:10p.m., the Council recessed to a closed session in accordance with Government Code Section 54957.6(a) for a conference with Agency Labor Negotiator Richard Ambrose (700-20) related to unrepresented City employees: Office Assistant I & II, Finance Technician I & II, Secretary, Recreation Coordinator, Administrative Secretary, Administrative Aid, Secretary to the City Manager/Deputy City Clerk, Assistant Planner, Community Safety Assistant, Engineering Technician, Management Assistant, Recreation Supervisor, Administrative Assistant, Public Works Inspector, Associate Planner, City Clerk, Senior Planner, Assistant to the City Manager, Finance Manager, Senior Civil Engineer, Economic Development Manager, Planning Director, Parks & Community Services Director, Assistant City Manager/ Administrative Services Director, and Public Works Director/City Engineer. Following the closed session, the Mayor announced that no action was taken. "'....""""""."'."+."""'."""""""'.'" ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:35 p.m. '.....................'+".......... ATTEST: Mayor City Clerk ,....... ..,.. ...........,+ ,............,..........., ************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 75