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HomeMy WebLinkAbout4.01Draft Minutes 11-4-97 . . . REGULAR MEETING - November 4, 1997 A regular meeting of the Dublin City Council was held on Tuesday, November 4, 1997, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 :06 p.m., by Mayor Houston. ~ "..' ROLL CALL PRESENT: ABSENT: Councilmembers Burton, Howard, Lockhart and Mayor Houston. Councilmember Barnes -+'. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. .' CLOSED SESSION 7 :08 p.m. The Council recessed to a closed session to conference with Legal Counsel 10.1 (640-30) Anticipated Litigation - One Case pursuant to Government Code Section 54956.9 (b)(l) - Facts & Circumstances: Claim by Kaufman & Broad for refund of In-Lieu lnclusionary Housing Fees 10.2 (640-30) Pending Litigation - pursuant to Government Code Section 54956.9(a) - Silvergate Highlands Owners Association vs. City of Dublin - Alameda County Superior Court No. V -013836-3. REPORT ON CLOSED SESSION ACTION 7:29 p.m. Mayor Houston announced that no action was taken. The meeting was reconvened with all Councilmembers present except Cm. Barnes. .' CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 427 4. ITEM NO. INTRODUCTION OF NEW EMPLOYEES 7:29 p.m. 3.1 (700-10) Community Development Director Peabody introduced Anne Kinney, the City's new Assistant Planner. She was a Zoning Technician with the City of Fremont for the last year and a half. She is from Dublin, Ireland. . Ms. Kinney stated it was nice to be here. Public Works Director Thompson introduced Saied Aminian, the City's new Engineering Technician. His last assignment was with the City of Livermore in their traffic engineering division. He has a BS degree from San Diego State. Mr. Aminian thanked everyone for this opportunity. +' APPOINTMENT OF TENANT COMMISSIONERS TO DUBLIN HOUSING AUTHORITY 7:32 p.m. 3.2 (110-30) Mayor Houston stated 4 people applied for the 2 Tenant Commissioner openings on the Dublin Housing Authority. Applicants included: Ronald E. Borden, Stanley J. Mach, Bonnie G. McCamon, and Shirley Lee O'Callaghan. One of the Tenant Commissioners . has to be over the age of 62. His recommendations for the appointments were Bonnie McCamon and Shirley O'Callaghan. ~. McCamon thanked the City for this opportunity to try to serve the community in a good way. This will be a real heartfelt decision to even have submitted for it and she intends to do her best. Shirley is ill and was unable to attend. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote (Cm. Barnes absent), the Council adopted RESOLUTION NO. 130 - 97 APPOINTING TENANT COMMISSIONERS TO THE Dublin HOUSING AUTHORITY TO TERMS EXPIRING MAY 31, 1999 (Bonnie McCamon & Shirley O'Callaghan) .. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 428 . . CONSENT CALENDAR 7:34 p.m. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote (Cm. Barnes absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of October 21, 1997; Received (4.2 330-50) the preliminary Financial Report for the month of September, 1997; Approved (4.3 1020-30) the Budget Change Form for $7,815 appropriation from unallocated street light assessment district reserves in order to pay PG&E invoice in the current Fiscal Year (Underground Utility District No. 95-1); Approved (4.4 1020-50) Budget Change Form for funding new Capital Improvement Project to purchase equipment in FY 1997-98 and authorized Staff to apply for PG&E rebate for LED (Light Emitting Diode) Traffic Signal Conversion; Approved (4.5 600-30) Consultant Services Agreement ($10,500) with Water Technology, Inc., for Dublin Swim Center Master Plan Study; . Approved (4.6 300-40) the Warrant Register in the amount of $1,535,653.02. +' PUBLIC HEARING - PARK SIERRA APARTMENTS MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT AND PLANNED DEVELOPMENT REZONE PA 97-019 7:34 p.m. 6.1 (450-30) Mayor Houston opened the public hearing. Mr. Peabody introduced Jerry Haag and stated he would make a brief presentation about the project. . Planning Consultant Jerry Haag presented the Staff Report and stated this project is located on the west side of Dougherty Road at the Southern Pacific Right-of-Way. In May of 1996, the City Council approved a GPA on the site from Light Industrial to Medium Density Residential to allow for a 92-unit single family development project. That project was never built, and the property was sold to Shea Properties. The new applicant has applied for a PD Rezone from Medium Density Residential to Medium-High Density Residential and a GP A and is proposing an apartment project which would CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 429 consist of 209 rental apartment dwellings arranged'in a linear fashion along the site. A . Mitigated Negative Declaration has been prepared for the project. Each unit would have one covered parking space and one open space. Mr. Haag stated approval of the GP A and associated PD Rezoning will allow the construction of higher density housing in the community, adjacent to a transportation corridor. The Mitigated Negative Declaration will assure that potential hazards and other possible environmental constraints can be successfully reduced to levels of insignificance. At their meeting of October 14, 1997, the Planning Commission approved the request and adopted documents recommending approval by the City Council. Mr. Haag stated because of the late submittal, copies of correspondence from EBRPD was distributed tonight along with Staff's response. em. Burton stated he noted we did not comment if we will accept their comments regarding the Iron Horse Trail. Mr. Haag stated the District requested funding and therefore we respectfully say the applicant has met the City's requirements and no additional requirements are necessary. . They have paid for improvements and no additional mitigation will be required. Mr. Ambrose stated there had been some disagreement between the City and EBRPD in attempting to get funds for the trail. Cm. Burton stated in reading the notice, he felt the Park District is getting pretty presumptuous. Mr. Ambrose stated the County of Alameda, who owns the Southern Pacific Right-of- Way is in the process of granting a license to the District to maintain the trail. We were a little dismayed that the County Public Works went through this before discussing this with us. Mr. Haag stated the Parks District has asked to be consulted on elevations and what the project would look like as one proceeds down the trail. The City maintains control of the project. They want to make sure it is pleasing from the trail. em. Lockhart commented about the soundwall and asked if we had given any thought to the design of the wall so we aren't just putting a big graffiti target there. CITY COUNCIL MINUTES VOLUME 16 REGULAR :MEETING November 4, 1997 PAGE 430 . . Mr. Haag stated fast growing vines would be planted. Cm. Howard asked about the parking. Don Gauze with Shea Properties explained where the soundwall would be. There will be holes in the wall for vines to grow through. An automatic gate for emergency access is included. Facing Iron Horse Trail, there is a 6 foot high steel fence with pickets. Colors will be beiges and taupes with blue on the rails at the request of the Planning Commission. A 3-way signal on Dougherty Road would allow for safety and left turns. This will be a gated community. Residents have transmitters and visitors can be beeped in. Each unit has its own garage. Also they have parking along the main road and in loops. The ratio is 2 spaces for every unit. They will bring in fiberoptics for fast access to the Internet. Cm. Burton asked about the emergency access to the industrial park. There will be egress for residents. He was glad to hear this. He questioned what they have done about inclusionary housing. Mr. Gauze responded that they will pay the in-lieu fee as it is not included. . No public testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote (Cm. Barnes absent), the Council adopted RESOLUTION NO. 131 - 97 ADOPTING A MITIGATED NEGATIVE DECLARATION FOR PA 97-019, PARK SIERRA APARTMENT PROJECT, GENERAL PLAN AMENDMENT, PD REZONING AND SITE DEVELOPMENT REVIEW and RESOLUTION NO. 132 - 97 APPROVING A GENERAL PLAN AMENDMENT FOR PA 97-019, PARK SIERRA APARTMENT PROJECT, SHEA PROPERTIES . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 431 and waived the reading and INTRODUCED an Ordinance amending the Zoning . Ordinance to permit the rezoning of property located west of Dougherty Road along the Southern Pacific Right-of-Way (APN 941-0205-006-010) and adopted RESOLUTION NO. 133 - 97 APPROVING AND ESTABUSHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING CONCERNING PA 97-019, PARK SIERRA APARTMENT PROJECT, SHEA PROPERTIES .. PUBLIC HEARING - URGENCY BASIS AMENDMENT TO PURCHASING ORDINANCE TO ALLOW FOR WAIVER OF COMPETITIVE BIDDING REQUIREMENTS 7:50 p.m. 6.2 (380-10/350-20) Mayor Houston opened the public hearing. Administrative Services Director Rankin advised that the City's Purchasing Ordinance only allows for exceptions to the competitive bidding requirements under certain conditions. The stated exceptions do not include cooperative purchases, where one . public agency may complete a competitive bid process, and the pricing is extended by the vendor to other agencies. This type of cooperative purchase can be beneficial to the City. The proposed amendment would add two additional exceptions to the Purchasing Ordinance. One exception involves the cooperative purchase in conjunction with another agency and the second involves the purchase of vehicles. The City Council must authorize the use of these exceptions if the purchase price exceeds $5,000. All Public Works Projects over $5,000 are required to be competitively bid under the Public Contract Code. The Ordinance is presented as an urgency ordinance due to a pending need to acquire a Fire Engine. No public testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. . On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote (Cm. Barnes absent), the Council waived the reading and on an urgency basis, adopted CITY COUNCIL MlNUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 432 . . . . ORDINANCE NO. 21 - 97 AMENDING DUBLIN MUNICIPAL CODE SECTION 2.36.050 TO PROVIDE AN EXCEPTION FOR PURCHASES WHICH ARE SUBSTANTIALLY SIMILAR TO BIDS ADMINISTERED BY ANOTHER PUBLIC AGENCY .. MODIFICATIONS TO ZONING ORDINANCE ENFORCEMENT POLICY (POLITICAL SIGNS) 7:55 p.m. 7.1 (400-30) Community Development Director Peabody presented the Staff Report and advised that on August 19, 1997, the City Council requested that Staff prepare a report with recommendations regarding possible priority changes regarding Temporary Political Signs and temporary off-site outdoor sales operations. Staff and the City Attorney have researched state law regarding the location of political signs within 660 feet of 1-580/ 1-680 within the City. Caltrans has confirmed the following: Political Signs that are visible along designated landscaped freeways are prohibited; All of 1-680 within the City of Dublin has been classified as a landscaped freeway; and Portions of 1-580 within the City (near Tassajara Road to 1-680 interchange) have been classified as a landscaped freeway. Mr. Peabody stated as noted by the City Attorney, local ordinances may not conflict with state law. The City Council may wish to make minor changes to the sign ordinance that prohibits temporary political signs just along 1-680 and those portions of 1-580 mentioned above or leave the language as is (Section 8.84 K-4 on page 84-26 of the Zoning Ordinance). Section K currently states: .1( Temporary Political Signs. Temporary politico.J signs provided they shalL' 1. Be removed within 10 calendar days following the election. 2. Be placed on private property. 3. Be no more than sixteen (16) square feet per side in area per individual sign and up to eighty (80) square feet of maximum aggregate area per lot. 4. Not be placed within the public n"ght-of- way or within 660 feet of and visible from the right-of-way of Interstate 580 or Interstate 680.>> Mr. Peabody explained that if the Council wishes to make the removal of temporary political signs a top priority, Staff recommended that the Council amend the Zoning Ordinance Enforcement Policy to enable Staff to take action regarding political signs without a complaint. Mayor Houston stated he was trying to digest what this actually meant. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 433 Mr. Peabody stated because 1-680 is elevated you probably wouldn't see any signs. Other. locations were discussed. Mr. Ambrose discussed practical examples. Mayor Houston asked if this would apply to any temporary signs such as in the east area. According to state law they should not be there. There seems to be a proliferation of signs out there. Mr. Peabody stated in the public right-of-way we could make them take them down. In the case of gun shows, gym shows, etc., we have told people to keep their signs out of Dublin. Surprisingly, they are cooperating. Ms. Silver clarified that state law already pre-empts advertising display within 660 feet from the edge of the right-of-way and which is visible from a state highway except for certain types of signs. Mr. Ambrose stated the regulation is somewhat different for other types of advertising signs and Staff could research this further. Mayor Houston expressed frustration because many times, the advertising doesn't even . have anything to do with our community. Mr. Peabody explained how Staff tries to get cooperation. Mayor Houston summarized if we just enforce state law, if you can see it from the freeway, you can't do it. Mr. Ambrose stated our ordinance is different from state law because of their definition of a landscaped freeway. Mr. Peabody stated the other issue was that there were political signs up last time that were up long after the election. Staff can look for them and get them removed without a complaint. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote (Cm. Barnes absent), the Council adopted CITY COUNCIL :MINUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 434 . . RESOLUTION NO. 134 - 97 ESTABUSHING THE ENFORCEMENT POUCY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERlY MAINTENANCE ORDINANCE, AND RESCINDING RESOLUTION NO. 104-97 ~' CAMP PARKS AFFORDABLE HOUSING INITIATNE REQUEST 8:08 p.m. 8.1 (430-80) Senior Planner Cirelli presented the Staff Report and stated a request had been received from Parks Reserve Forces Training Area (Camp Parks) to enter into a partnership with the City for purposes of meeting the housing needs of soldiers. Camp Parks is offering the City a 20-acre site for developing approximately 50 housing units for soldiers and additional housing units for civilians and possibly an additional 20 acres for a park. Cm. Burton asked for an explanation on how this would be reflected in our low cost housing stock since we won't be the owners, and since a private owner will manage. . Ms. Cirelli stated a private developer could develop the project and manage the units. Cm. Burton felt this is a very creative idea. Mayor Houston stated as long as the rents are at the required level they can qualify for the category of the actual cost and will go toward our total count for the City. Colonel Thomas Black, Commander of Camp Parks stated this is a preliminary meeting on this proposal. If we work together, he's got the land and we can both turn out winners on this. Cm. Burton asked if, in the unlikely event that Camp Parks were to close, what happens to the property in the long run? Cot Black stated this depends on how it is conveyed to the City. It could be conveyed or deeded to the City at no cost. This would be the benefit to the City. He stated Parks is not, however, closing. Cm. Lockhart asked if we have a timeline to do something rapid on this. . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 435 Mayor Houston felt we want to work on this and take it seriously. We need to evaluate it . in light of some of the other projects in the City. We want to get it done. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote (Cm. Barnes absent), the Council approved in concept, the Camp Parks Affordable Housing Initiative, and directed Staff to return within the next 6 weeks with a preliminary work program and detailed cost analysis for completing the project. +' AUTHORIZATION TO WAIVE COMPETITIVE BIDDING REQUIREMENTS AND TO PURCHASE A FIRE ENGINE FROM PIERCE MANUFACTURING 8:18 p.m. 8.2 (350-20) Administrative Services Director Rankin presented the Staff Report and explained that the City is scheduled to purchase a Fire Engine in the current Fiscal Year. The City has been presented with the opportunity to purchase a Fire Engine at a competitive price, provided the order is placed by November 5, 1997. The Fire Engine being considered is one of several standard engines which are also being purchased by Alameda County and the City of San Leandro for service in other areas served by the Alameda County Fire Department. The pricing received by the City is comparable to a 1996 competitive bid by the City of Oakland and is within the adopted Dublin 1997-98 Budget for this project. . Mr. Rankin stated the manufacturer, Pierce Manufacturing, Inc., has offered pricing to the City of Dublin which is consistent with costs paid by the County and the City of San Leandro. Projected costs are: Base Cost Triple Combination Pumper $ 267,131.00 Sales Tax 22,038.31 Total Base Vehicle s 289,169.31 Estimated Equipment/Outfitting 35,000.00 TOTAL COST $ 324,161.31 Mr. Rankin advised that the amount appropriated in the Budget was $385,000. Based upon the Alameda County Fire Department specifications, the apparatus is scheduled to be painted red by the manufacturer. Although the current City owned Fire Apparatus are a yellow-green color, there is an opportunity to change this standard with the City's first direct purchase. ACFD advises that studies have shown that the use of alternative colors do not result in increased visibility. Further, the trend among fire departments has been to standardize with red vehicles. Unless directed otherwise, the purchase will be made based upon the color stated in the Alameda County standard specification. Cm. Burton stated he was impressed that this will be standardized equipment. It also matches San Leandro and Alameda County's equipment. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 436 . . On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote (Cm. Barnes absent), the Council adopted RESOLUTION NO. 135 - 97 AUTHORIZING A WAIVER OF THE COMPETITIVE BID REQUIREMENT FOR THE PURCHASE OF FIRE APPARATUS EQUIPMENT +' OTHER EU SINESS 8:23 p.m. City Council Live Call-In Show 0050-50) Mr. Ambrose stated the Council live call in show on CTV 30 has been confirmed for November 17th. Mayor Houston advised that he would not be able to make this date after all and asked that it be rescheduled for November 24th. . .' San Ramon Councilmember Retirement Event (610-85) Mr. Ambrose advised that the City had received an invitation from the City of San Ramon to Councilmember Boom's retirement event on Sunday December 14th. He asked if the Council wanted to make a presentation He asked that they advise Staff. ~ V' Alameda County Fire Department Drill (540-70) The Alameda County Fire Department is having a multi-casualty drill at Camp Parks during the next 2 days, on Wednesday and Thursday. .. . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 4/ 1997 PAGE 437 . Cm. Lockhart thanked Mayor Houston for the photographs of the artwork in Seattle. She asked if we could set up a workshop with our fine arts committee as development comes on line. We are talking about having DFA work with us on planning the art and amenities. It would be good to discuss ideas. She did not want to see what happened in Castro Valley happen here. We could discuss ideas and concepts and maybe we could iron out any differences up front. She asked if this could be examined. Fine Arts (900-10) Mr. Ambrose pointed out that the development community is not required but rather encouraged to include public artwork in their projects. +' City Council/School District Liaison Meeting (610-05) Cm. Lockhart asked if we got a response from the School District related to scheduling a liaison meeting. Mr. Ambrose stated no but he will be meeting with the Superintendent this week and will advise as soon as a date is set. +. . Golf Course in East Dublin (420-20) Cm. Lockhart asked if others were hearing comments about the proposed golf course in East Dublin. Many feel a 5,000 yard golf course is too short and say they won't play it. .' Promotional Signs & Balloons (400-30) Cm. Lockhart commented on a letter received related to thoughts about "Dumpy Dublin" allowing advertising balloons flying overhead; and stated she agreed. Maybe we need to take note that the community is starting to take the time to write and this may have to be dealt with in the future. Mayor Houston stated they were referring to the Shell Station at Dublin Boulevard and San Ramon Road with all their banners and balloons. CITY COUNCIL :MINUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 438 . . Mr. Peabody stated they got a permit for the balloon and the hot dog stand for their promotion. ~ T' Planning Field Trip (420-50) em. Burton thanked Staff for arranging for them to go out on their bus trip to visit a number of developments which were good, medium and excellent and which showed the way they handled large massive buildings and programs. Wheels furnished the bus and they had a box lunch. We should keep this up, especially with 50 projects coming down the pike. This was a very good thing. .. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:31 p.m. . .' Mayor ATTEST: City Clerk -. ~ - ~- -- ~ .- . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 4, 1997 PAGE 439