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HomeMy WebLinkAbout10-20-1998 CC Adopted Minutes REGULAR MEETING - October 20, 1998 A regular meeting of the Dublin City Council was held on Tuesday, October 20, 1998, 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: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. ABSENT: None. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was led by Cub Scout Pack 930 {Joel Armstrong, Chris Dyer, Bryan Wells, Jared Kahn, Brendan Petersen, Ryan Bye & Jimmy Kelly). The troop then sang happy birthday to Mayor Houston. The boys created two posters regarding what being a good citizen means to them. The posters were presented to the City. Mayor Houston stated the posters would be hung in the Bray Room. 7:08 p.m. Doughertv Road Improvements (820-20) Dan Rodriguez stated he noticed that Dougherty Road is partially completed. He keeps running over the metal covers in the road. He asked about the status for completion. Public Works Director Thompson stated the remainder of the work is being done by Park Sierra I and they have run into some conflicts with utilities. Hopefully, they should be done in a couple of weeks. A traffic signal will go in next Spring. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, 1998 PAGE 469 Recycling (810-60) 7:10 p.m. Mark Dorazio stated he lives in San Ramon. He was here two weeks ago and he is not satisfied that his concerns have been addressed. He has three concerns about recycling. The first is recycling at commercial establishments. There are no cardboard recycling bins. Second concern is with Shannon Center. He requested Staff to activate the recycling bin. What they did was replace it with a cardboard recycling bin. It is locked. Cardboard boxes were in the trash dumpster. We have the same thing here at the Civic Center; nothing for cardboard. Third concern is with labels. Some bins still have the old labels. The program was expanded to take more materials. He stated he would like the City Council to convince him that action will be taken on his three concerns. Administrative Services Director Rankin stated there has been contact with Livermore Dublin Disposal (LDD) regarding labels and we are currently working with them on a commercial recycling program; however, it will be on a subscription based program. It is currently available and we are looking at slightly modifying it. Some commercial accounts have signed up and are using the program. It has been partially delayed due to staff changes. It will probably be the first quarter of 1999 before we have an agreement. The School District is participating in the current program and we have identified some additional grant monies toward making that portion of the program more successful. There is a full line of recycling carts available at Shannon Center and they are being fully used. Cm. Burton stated at one of the candidate debates Claudia McCormick mentioned that Shannon Center did not have a recycling container available for a recent event held there. Mr. Rankin stated aluminum can receptacles are available for outdoor events but sometimes they get contaminated when people use them for other garbage. CITY COUNCIL I'41NUTES VOLUI'4E 1 7 REGULAR MEETING October 20, 1998 PAGE 470 CONSENT CALENDAR 7:17 p.m. Items 4.1 through 4.7 On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of October 6, 1998; Received (4.2 320-30) the City Treasurer's Investment Report for the 1st Quarter of FY 98-99 indicating the City's investment portfolio totals $39,459,440.26 (market value), and that funds during the 1st Quarter were invested at an average yield of 5.691%; Received (4.3 100-80) the bi-monthly 1998 Goals & Objectives Status Report; Authorized (4.4 600-30) Staff to advertise for bids for Contract 98-13, Kolb Park Tennis Court Resurfacing; Authorized (4.5 600-30) Staff to advertise for bids for Contract 98-14, Heritage Center I-IVAC System; Adopted (4.6 670-40) RESOLUTION NO. 147- 98 RECISSION OF REJECTION OF OFFER OF DEDiCATiON OF STORM DRAIN EASEMENT ACROSS LOTS I AND 2 OF BLOCK B OF TRACT 4077 AND ACCEPTANCE OF OFFER OF DEDICATION and directed Staff to record the City's acceptance of the easement with the County Recorder once documents have been received from the owner of 11565 Padre Way allowing for access and floodway; and directed Staff to develop a project to add trash barriers upstream and to contact the Nielsen family regarding an easement for access, installation and maintenance of upstream trash barriers; CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING October 20, 1998 PAGE 471 Approved (4.7 300-40) the Warrant Register in the amount of $881,513.75. PUBLIC HEARING CONSIDERATION OF APPEAL OF THE PLANNING COMMISSION'S DENIAL OF PA 98-046, MORGAN STONE'S LUBE 'n' LATTE, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW 7:17 p.m. 6.1 (410-30) Mayor Houston opened the public hearing. Assistant Planner Anne Kinney presented the Staff Report and advised that this item is for the City Council to consider an Appeal by Mr. Morgan Stone, of the Planning Commission's denial of a CUP/SDR for Lube ~' Latte to allow the operation and construction of a 4,344 sq. ft. drive-through auto service providing oil changing services and routine car maintenance. They would operate from 7:00 a.m. to 7:00 p.m., 7 days per week. The site is on the northwest comer of Arnador Valley Boulevard and Village Parkway. Ms. Kinney advised that the item was heard before the Planning Commission on September 22, 1998. The project was denied by a 3-2 vote. The Applicant appealed the Planning Commission's decision on September 29, 1998. Ms. Kinney explained that under the City's Zoning Ordinance, the City Council may affirm, affirm in part, or reverse the action of the Planning Commission, based upon findings of fact. Morgan Stone stated he felt the Planning Commission was a little hasty in denying the use. This would work very well at this location. He will remove one of the bays and make 4 additional parking spots making a total of 11 spaces. This is a very low key operation. This is not a low budget application. He plans to spend upwards of $1 million on the project. He does not want to take away from the appearance of the City, but set a standard for improvement. He will not compete with Oil Changers, whose building is somewhat dated. Oil Changers charge about $25 to $30 for an oil change and he plans to charge about $40. They will provide more service rather than just volume. Most of the CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 2.0, 1998 PAGE 472 clientele will come as a result of repeat business. The t/me has come for automotive shops to do something different. Grants Pass and Oakland have similar shops going in. He will be opening in Antioch in a couple of weeks. He felt the City would benefit from this use. Staff basically recommended this 9 months ago and he has spent $40,000 to get this far. Mr. Stone stated comments he made in a SF Chronicle newspaper article were apparently not received favorably. Ninety percent of what he said did not get published. He said a lot of positive things. He also felt badly about the negative publicity. It was not intentional. Leadership in Dublin is moving in the right direction. It would give him great pride to be able to move forward with this item. He is willing and quite capable to do whatever the City wants. Tony Oravetz, 7748 Squirrel Creek Circle stated as a Planning Commissioner, he voted against this, mainly because of parking issues and no shared parking agreement with adjacent properties. There was also a concern for the image of Dublin. How many oil changers does Dublin need? The Downtown Business Task Force should continue their good work. He quoted from the negative newspaper article. He stated he has lived here since 1970, and he is tired of people saying bad things about Dublin.. He hoped the City Council would throw the knock out punch against this use. Gene Baker stated he is the owner of the property, and he hoped he could have some of these people around when it comes time to pay his taxes. Maybe they would like to purchase it. The highest and best use is for automotive, which it has been since even before there was a City. His feeling is this is the best use for the least amount of traffic. Some kind of a bakery would have to have 100 to 200 people come in to pay for a corner such as this. His tax dollars pay for traffic and city street lights and he is now being told we have a traffic problem down there. He feels Mr. Stone will give us a good use on the comer. When you put 3 or 4 shops on the site where the old BP Station was across the street, there will be worse traffic problems. He will build a state of the art building. If Dublin has a better use for the property, he requested that they please call him. He would be willing to put up a shamrock there, but this man is willing to put in dollars there. He spent thousands of dollars on architectural drawings. If the City has a masterplan, they should have told him before he got all involved with this. This is not respect for someone who wants to invest in a City. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Octot~er 20, 1998 PAGE 472~ Charles Smith stated he is a local business person who happens to be an Architect. He met Mr. Stone briefly a week ago. Mr. Stone has invested a lot of time and money and was encouraged to do so by the Planning Department. Why wasn't he given more information? If this project goes ahead, it will be the best looking building on Village Parkway. It will not have the impact of many other types of retail stores that have been suggested. This is really not fair and it is not just to put a halt on this type of a project after this type of investment has been committed on his part. Jennifer DeLuca stated she was beside herself and was thrilled to see that people have a voice. Her husband, Dr. DeLuca is right next door to this property. She understands their frustration. She is a mom and has two boys. They were initially concerned about contamination. They've t~lked about what neat thing could go on this property. Her husband is in the process of purchasing the building next to Mr. Baker's property. She stated she was almost in tears when she read the newspaper article. She realizes the City Council has a very difficult job. She knows where Dublin is headed. It wouldn't be fair to the current business owners. Telling him no is someone who knows the future of Dublin and has a vision for the City. She was very glad that the Cub Scouts were present and can see how government works. Claudia McCormick stated she had heard a lot about investments. She lives about a block and a half away and she has made an investment in her home. The City Council recently has raised the bar and want more quality shops in the area. She urged the City Council to uphold the Planning Commission's decision. Say no to this one. It belongs in Antioch. Dan Rodriguez stated this was his first look or contact with this project. This corner is kind of busy and whatever goes in there will create a lot of problems. The City Council needs to weigh this in the scheme of things. Mayor Houston read comments on speaker slips which were turned in. Dawn Buchholz, 7060 Brighton Drive stated, ~I am strongly opposed to hauing another automotive based business in the location in question. There are plenty of places to get coffee & a tube in the immediate area already. I support the re. zoning currently in place." CITY COUNCIL MINUTES VOLUIviE 1 7 REGULAR MEETING October 20, 1998 PAGE 4.74 Dorenda Rutherford, 7686 Quail Creek Circle stated, ~I strongly oppose Morgan Stone's Lube "n~ Latte. I feel the City of Dublin would not benefit from one more automotive business along this proposed corridor. I applaud the rezoning that was previously approved. Thank you for the opportunity to voice my opinion." Mr. Stone discussed the car count and gross sales and million dollar budget. With regard to the outrage over his comments, he stated it was not intentional. He was just making conversation with a reporter over the phone and he had a lot of positive things to say about Dublin. He would like to work with the citizens of Dublin to try to correct what has been done to our reputation. It is unfortunate that it doesn't make news to say nice things about people. He is not proud of what he said that got printed. He apologized and stated if there is anything he can do to correct the situation, he is willing. Mayor Houston closed the public hearing. Cm. Lockhart stated when she read the article she was as offended as everyone else in Dublin. It has been hard to separate those feelings from facts about this project. She has tried real hard to do this. The reporter had her point of view before she even started the article. She is very disappointed in the reporter and in the San Francisco Chronicle. None of the comments were real great. She can let go of this because she knows reporters can do things like this. It will challenge all of us when we see it being attacked. She stated she is concerned about the idea of implied consent. Simply because Planning works with a project it doesn't mean it will be supported by the Planning Commission or by the City Council. She appreciates that everybody that gets a project has put in a great deal of time and money. The Planning Department does its job and there is no implied consent. She stated she was also concerned about a land owner being surprised that the City is trying to change the image of Village Parkway. Many articles have been written and there was a thorough discussion about this a couple of months ago when they discussed the old BP site. The City Council has made a strong commitment to change the face of Village Parkway. This is not news that an automotive use is not going to be encouraged by residents of the community. She does not see this as a big shock that there is not support for this use. Cm. Barnes stated she is disappointed in the City today. At almost every meeting there have been comments about this site. Most of Dublin's homes are CITY COUNCIL MINUTES VOLUME 1] 7 REGULAR MEETING October 20, ! 998 PAGE 475 on a larger plot than this site. This is a suitable use for this land. Mr. Stone came to the City in February and the people sitting on the City Council changed the rules of the game. We want something there; we are sick of looking at a falling fence and weeds. Nobody can question her pride and love for this City; yet she is embarrassed tonight. They all know how it happens that one half of what is said gets published in a newspaper. This reporter was totally slanted and this should embarrass all of us. This piece of land is too small for anything else. Cm. Burton asked technical questions and stated he would like to know all the possible uses that somebody might have in mind for this lot, plus the small lot just to the north. What could this lot be used for to fit the size? Mr. Peabody stated this is a C-N district and there is a whole list of uses possible and allowable. He responded no, Staff has not seen any other application for that parcel. It would obviously have to be a very small building that could be located on the site unless there is some reciprocal parkJng arrangement with adjacent properties. Cm. Burton talked about the lot to the north. Mayor Houston stated this is where the dentist office is located. Mr. Stone stated reciprocal parking was not necessary because he will provide adequate parking on site. Cm. Howard stated she liked the looks and design of the building. She is very worried about traffic going in and out of that corner and also concerned about it being across the street from the other jiffy lube. She doesn't feel this is the proper place to put this. Cm. Burton asked ff this was discussed by the Downtown Dublin Task Force. Cm. Lockhart stated Village Parkway will be addressed in the report. It is going to take 15 or 20 years to change the look. If we don't make a statement and a commitment to change the look, it will never happen. We need a starting point for change. The Task Force looked at and responded to that. C~TY COUNCIL MINUTES VOLUME ! 7 REGULAR MEETING October 20, 19?8 PAGE 4 76 Mayor Houston explained the Council's role in this. Staff gives good honest advice, but the City Council makes the final decision. It is regrettable that the newspaper article ever occurred. He felt we need in Dublin to get out of our box of what was and look at what we will be. A reporter called him talking about this issue and reference was made several times to downtown Pleasanton. He grew up in Pleasanton and it used to be scary downtown at night. They went through a time of lots of failed businesses. Pleasanton is beautiful today. We want something like this too, but we have to start the transition. Buildings that were built in the 1960's have served us well. He tried to see different configurations all along Village Parkway. Every time there is an opportunity for change, we need to take advantage of that opportunity. If we want to make something outstanding in the City, we cannot say he went through the process, so we~l just let that go. Pleasanton won't do that; Danville sure won't do it. Why should we? He received an e-mail from a new East Dublin resident saying how pleased they were with new development and they felt Downtown Dublin should be something special. We need to have a study on the whole of Village Parkway. It will take time, but it will happen. With the hook ramps coming in, it will happen. If we violate the vision or dream, it won't happen for another 20 or 30 years. He stated he will support denial of this project. Cm. Burton stated he shared Cm. Barnes concern that we got this far and it didn't fit. He hoped everybody will get the message that we do mean to fix up our downtown. He agreed that everything should be studied, not just lot by lot. On motion of Mayor Houston, seconded by Cm. Lockhart, and by majority vote, the Council adopted RESOLUTION NO. 148- 98 AFFIRMING THE ACTION OF THE PLANNING COMMISSION DENYING PA 98-046 MORGAN STONE'S LUBE 'N' LATTE, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR A 4,344 SQUARE FOOT DRiVE-THROUGH AUTO BUSINESS PROVIDING OIL CHANGING, ROUTINE CAR MAINTENANCE AND COFFEE BAR SERVICE AT 7375 VILLAGE PARKWAY Cm. Barnes voted in opposition. We should say what is happening there. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, 1998 PAGE 477 Mr. Peabody stated the Planning Commission will talk about the study at their meeting on November 13t~. PUBLIC HEARING TASSAJARA MEADOWS RESIDENTIAL DEVELOPMENT PA 98-035 8:04 p.m. 6.2 (450-30) Mayor Houston opened the public hearing. Associate Planner Tasha Huston presented the Staff Report and advised that this request by Mission Peaks Homes is for City Council approval of a Planned Development Rezoning and Development Plan for a 95 lot subdivision on an 11.7 acre site at the northwest corner of Tassajara Road and Gleason Drive. The site is designated for Medium Density Residential in the Eastern Dublin Specific Plan. This Ordinance was introduced at the October 6, 1998 City Council meeting. A map showing the overall Eastern Dublin Specific Plan area was provided showing where parks and schools would be located. Cm. Barnes stated she requested that the maps be available so people can see we have a very varied mix of small and mixed lots. We have a varied mix to suit everybody's needs. No 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, the Council waived the reading and adopted ORDINANCE NO. 15 - 98 CiTY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, 1 ?98 PAGE 478 AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED AT THE NORTH EAST CORNER OF TASSAJARA ROAD AND GLEASON DRIVE (APN: 986-0005-003-01) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR THE TASSAJARA MEADOWS PROJECT (PA 98-035) PUBLIC HEARING - PA 98-007 GENERAL MOTORS AUTOMALL - PLANNED DEVELOPMENT REZONE 8:!1 p.m. 6.3 (450-30) Mayor Houston opened the public hearing. Associate Planner Tasha Huston presented the Staff Report and advised that General Motors has requested approval of a PD Rezoning to design a 15-acre automall on 3 parcels with 3 auto dealerships on the south side of Dublin Boulevard, east of Tassajara Creek, and the approved AutoNation project. This Ordinance was introduced at the August 4, 1998, City Council meeting. On August 17th, the City received a written request from GM for a 30-day continuance due to difficulties between the applicant/developer and the local Chevrolet dealer related to the relocation of the automobile franchise. On September 25t~, the applicant again requested a continuance to the October 20t~ meeting. Cm. Burton asked how long before we see groundbreaking. Ms. Huston stated building permits will need to be reviewed. The grading plan review is one of the shortest. They still don't have a Development Agreement. They are ready to file their parcel map tomorrow. Cm. Lockhart stated she too is excited to see them getting back on track and moving forward. What is near the property concerns her. Car dealerships typically have an outside sound system that blares. She is concerned with CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, 1998 PAGE 479 residential on one side and a hotel nearby. She asked when this would be addressed. Ms. Huston stated a condition could be placed that would restrict an outside sound system. The width of Dublin Boulevard would provide for a natural buffer. They can incorporate a restriction in the DA. Cm. Lockhart noted AutoNation seems to have a system set up that doesn't require loud speakers. This can be pretty intrusive. Mayor Houston brought up the name of t_he street, Miller Court. Mr. Miller is someone who obviously thinks very highly of himself. The City Council should name the streets. Ms. Huston stated the map displayed was an old one. They have noted that this name will not be on there. Mayor Houston stated historically, names of pioneers, etc. have been selected We have an opportunity to name the streets and be the ones in charge of this. Claudia McCormick stated as part of the DSAC they have discussed this and hoped there would be an opportunity to provide suggestions. They would like to see the name Bray Court. They would like the opportunity to share this with a delegation from our Sister City of Bray that is coming next year. Mayor Houston asked about a time table of when the name would be selected. Ms. Huston stated they could do it at the final map stage, or about 3 months from now. Mayor Houston closed the public hearing. Cm. Lockhart asked about where the issue of loud speakers stands. Mr. Peabody stated they will address this with the applicant. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council waived the reading and adopted CITY COUNCIL I~flNUTES VOLUblE 1 7 REGULAR MEETING October 20, 1998 PAGE 480 ORDINANCE NO. 16 - 98 AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF DUBLIN BOULEVARD, EAST OF TASSAJARA CREEK (APN: 986-0001-001-10, PORTION) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR THE GENERAL MOTORS AUTOMALL PROJECT PA 98-007 PUBLIC HEARING - PA 98-042 PLANNED DEVELOPMENT REZONE TO REPLACE EXISTING C-N (NEIGHBORHOOD COMMERCIAL) ZONING REGULATIONS WITH PD ZONING DISTRICT FOR THE PORTION OF THE SAN RAMON ROAD SHOPPING CENTER OWNED BY THE DUCKETT - WILSON MANAGEMENT COMPANY 8:21p.m. 6.4 (450-30) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and advised that this project is located on a 2.15-acre property at 8913-8952 San Ramon Road at the southeast corner of San Ramon Road and Alcosta Boulevard. The requested rezone is to allow the Animal Sales and Services Use Type, the Eating and Drinking Establishment Use Type and the parking Lot/Garage - Commercial Use Type as conditional uses and to allow the Health Services/Clinics Use Type, Retail-General and School-Commercial Use Types as permitted uses on the subject property located on San Romon Road and Alcosta Boulevard. The proposed uses would be in addition to the uses already permitted and conditionally permitted in the C-N Zoning District. There is no request to change any of the buildings at this time. The nearest residence is about 225' away, so Staff did not see this as a problem. Mayor Houston asked if anyone knew the status of the lease with Lucky's for American Furniture. CITY COUNCIL IvlINUTES VOLUME 1 7 REGULAR MEETING October 20, 1998 PAGE 481 An unidentified member of the audience stated with options, they control it for a long time. Mayor Houston stated in the future as we get development agreements, we need to look closely at deed restrictions. Lucky has killed this center. As long as they hold on to this, it will continue to be this way. If we continue to let things go and say, that's okay, we can lower our standards, things will never change. This is a blight on the City. We need to get the property owners to see that Dublin is a nice place and they can change it and make some money. Cm. Barnes stated in the last 4 years, there has been many complaints about the lack of grocery stores. Lucky has veto power over what goes in there. Mr. Peabody stated the applicant has requested that eating establishments not have to go before the zoning administrator. Mayor Houston stated they want these changes but they have no interest in making any modifications to the buildings. Cm. Howard asked if we know how long the furniture store will be there. Mayor Houston stated this is a different issue. Cm. Lockhart stated she agreed with Mayor Houston on this. It is a blight and it isn't getting any better. Putting a band-aid on it isn't going to improve the center. Mike Trinidad stated he is the leasing agent for property. It has been extremely difficult to fred quality tenants for this center. They get a lot of service type interest because of its location. Ruggie's is looking at space for a catering shop. Mr. Trinidad stated he has begged them for years to rehabilitate the center. They are still tied without a grocery store there. Lucky obviously will not allow a grocery store to go in there. They're trying to expand services. He specializes in retail leasing. They would like to see more destination type uses. If he can get this near 100% leased, he feels the owners would be willing to look at rehabilitating the center. They have been waiting to see what the anchor situation was. They're trying to create other uses to enhance the center. He felt CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, 1998 PAGE 4.82 a veterinary clinic is an excellent use for the center and it is a valuable service for Dublin. Cm. Barnes asked about his use of destination type use and what this means. Mr. Trinidad responded it would be a preplanned destination. Mayor Houston asked if there had been any thought to start looking at what they've really got. They have a great location. The City keeps trying to make this work. He asked if there has been any analysis of trying to make this into something totally different. Mr. Trirddad stated obviously the rents across the street are double. Their biggest concern has been that they don't control the end unit and they're hesitant to spend that much money. They buy and own grocery centers. They need to be in conjunction with the other owner to spend money on their section which they can't do because Lucky owns it. If he can get it 100% leased, perhaps they would be more willing to spend the money. Cm. Burton stated he would like him to take tO them the fact that the Council is anxious to have the center improved. American Furniture is paying something like 32 cents. Now that Albertson's has bought out Lucky's, there might be some change. Mr. Trinidad discussed a center in Pleasanton where they have mixed uses. He wants to get the center full with quality uses. The biggest problem is there is no foot traffic in the center. They have no problem with conditional uses because right now, they are simply not allowed. Cm. Barnes asked if there is anything legal we can do with Lucky. Mayor Houston stated the County could have done something way back when. We can make sure when businesses leave, they do not harness the property. Mr. Trinidad stated this size is obsolete for today's grocery stores. It could accommodate a specialty store such as Trader Joe's. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING October 20, 1998 PAGE 483 George Zika, 8046 Peppertree Road asked the City Council to deny this request. We have no specific proposal at all. They want us to grant them wide latitude. Maybe they can be forced to rehabilitate the center in order to get it filled. Take parking lot garage use out. With regard to school commercial such as a Montessori or daycare center, he also suggested this be taken out. Children don't have a place to play there. Mayor Houston closed the public hearing. Cm. Burton encouraged them to find some specific things they want to have. On motion of Mayor Houston, seconded by Cm. Lockhart, and by unanimous vote, the Council denied the request. PUBLIC HEARING-ZONING ORDINANCE AMENDMENT TO CHAPTER 8.136 OF THE DUBLIN MUNICIPAL CODE {ZONING ORDINANCE) RELATING TO APPEALS 8:52 p.m. 6.5 (450-20) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and advised that at the October 6, 1998 City Council meeting, the Council introduced an Ordinance amending Chapter 8.136 of the Dublin Municipal Code (Zoning Ordinance) relating to Appeals to allow a member of the City Council to appeal an action of the Zoning Administrator, Community Development Director and Planning Commission. No testimony was entered by any membei of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, 1998 PAGE 484 ORDINANCE NO. 17 - 98 AMENDING CHAPTER 8.136, APPEALS OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) PUBLIC HEARING ZONING ORDINANCE AMENDMENT TO CHAPTER 8.84, 8ION REGULATION8 (1/ELATING TO DIRECTIONAL TRACT 8ION8 AND OFF-SITE RESIDENTIAL DEVELOPMENT DIRECTIONAL SIGNS) OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) PA 98-058 8:55 p.m. 6.6 (400-30) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and advised that this amendment to the City's Sign Regulations would eliminate Directional Tract Signs for advertising individual residential developments and create Off-Site Residential Development Directional Signs of a uniform design located at major intersections which would advertise several developments on one sign. The signs would be constructed and maintained by a sign company and paid for by residential developers within the City. Mr. Peabody stated the Planning Commission adopted a resolution at its October 13, 1998 meeting recommending that the City Council amend Chapter 8.84, Sign Regulations of the Dublin Municipal Code. Cm. Burton asked who would make the decision regarding location. Mr. Peabody stated he would make this decision. He does not envision proliferating the whole City with these signs. Cm. Lockhart asked if this would do away with dancing vegetables and people with hand held signs. Mr. Peabody responded yes it would. CITY COUNCIL MINUTES VOLUPIE 1 7 REGULAR MEETING October 20, 1998 PAGE 485 Charlotte Zika asked if the signs now sitting on San Ramon Road advertising developments in San Ramon will be allowed to stay. Mr. Peabody stated those are not allowed. They are code enforcement issues. We have picked up a number of them. There are several others that have appeared recently. Mr. Ambrose stated on public land we can take them down immediately, but on private property we have to go through a process. Mayor Houston closed the public hearing. On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance. AMI~NDMI~NT TO AGRI~I~MI~NT WITH ALAMI~DA COUNTY TO INCRi~ASi~ LIBRARY I-IOUR$ AT THI~ DUBLIN LIBRARY 9:07 p.m. 7.1 (600-40) City Manager Ambrose presented the Staff Report and advised that the Dublin Branch of the Alameda County Library is open 34 hours per week. The City of Dublin funds 14 of these hours, at an annual cost of $224,247. On September 1st, the City Council directed Staff to work with the County to develop an amendment to the City's current agreement with the County for the purpose of adding 4 hours of Sunday service at the Library effective January 2, 1999. These additional hours represent an increase of $34,601 in the City's cost for Library Services for FY 1998~99. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council authorized the Mayor to execute the amended agreement and approved the Budget Change Form. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, ! 998 PAGE 486 MASTER SIGN PROGRAM/ SITE DEVELOPMENT REVIEW FOR AUTONATION USA PA 98-027 9:08 p.m. 8.1 (400-30) Assistant Planner Anne Kinney presented the Staff Report and advised that the City Council is being asked to approve the SDR application for the Master Sign Program for AutoNation USA, a proposed automobile dealership located east of the Hacienda Crossings Entertainment Center, and west of Tassajara Creek, adjacent to 1-580. This approval would cover all aspects of signage for the auto dealership including freestanding, directional and wall-mounted signs. The proposed Master Sign Program is currently under construction. Chandler Signs of Texas has prepared the Master Sign Program for AutoNation. Ms. Kinney stated the Master Sign Program is consistent with the General Plan, Eastern Dublin Specific Plan, the Sign Regulations and SDR requirements of the Dublin Zoning Ordinance. This project has been found to be Categorically Exempt from CEQA under Section 15311, Class 11 of the California Environmental Quality Act Guidelines. Ms. Kinney stated in conclusion, City Council approval for AutoNation would allow a comprehensive well planned sign program for the dealership that would compliment the approved Hacienda Crossings Master Sign Program, located to the west of the property. Cm. Barnes stated she and Cm. Lockhart had an opportunity to see their program in southern California and these drawings of signs don't do justice. They were very nice. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unmnimous vote, the Council adopted RESOLUTION NO. 149- 98 APPROVING PA 98-027 AUTONATION USA MASTER SIGN PROGRAM/SITE DEVELOPMENT REVIEW CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, 1998 PAGE 487 COUNCIL TRANSITION FOLLOWING NOVEMBER ELECTION 9:12 p.m. 8.2 (610-20) City Manager Ambrose presented the Staff Report and stated Staff requested direction related to several items in order to provide for a smooth transition following the November election. Staff requested Council agreement related to: 1) November 30t~ Special Meeting; 2) December 1st Regular Meeting; 3) Advertising schedule for openings on various Commissions/Committees; 4) Date for retirement recognition event for outgoing Councilmember(s); and 5) Date for recognition of outgoing Commission /Committee members. Mr. Ambrose clarified that retirement dinner would be paid for by people attending. Mayor Houston commented that the Registrar of Voters has 30 days to provide the certification. Because of the timing, he suggested that we may want to also consider the possibility of holding the meetings on December 14t~ and 15t~. He would be happy to keep it as proposed (November 30th and December 1st) if Staff is comfortable with having the results to certify. The Council felt the advertising schedule presented by Staff was okay. With regard to the retirement event(s), Mayor Houston suggested planning something in January. Cm. Barnes stated January is booked for her, and that early December would work better. Cm. Lockhart suggested putting it together for December 5t~. Mr. Ambrose advised that the City would be holding an employee recognition dinner on December 4th. Cm. Barnes stated January would be okay, but she would need to check her calendar. C~TY COUNCIL NIINUTES VOLUME 1 7 REGULAR MEETING October 20, 19?8 PAGE 488 Mayor Houston suggested Cm. Barnes give Staff two possible dates. With regard to recognizing Commissioners/Committee members, Mayor Houston felt a good way would be to have a reception before a City Council meeting and then recognize them at the City Council meeting. By a consensus, the Council selected the date of January 19, 1999, for a reception to be held just prior to the City Council meeting and then presentations would take place at the meeting. Staff was requested to make sure there would be no conflict with a Dublin Housing Authority meeting that evening. OTHI]IR BUSINF_.,SS 9:24 p.m. Parking ~ BART Stations (1060-30) Cm. Barnes stated she was upset because there was no way to get out of the City today because of a little spill on 1-580. She had a Waste Management meeting to attend in San Leandro and her husband had to go to jury duty. She reported that at 7 a.m., this morning, there were no parking spaces left at the BART lot. BART says parking is not their concern. We have spent a great deal of money to make BART work and we seem to have forgotten that ff you can't get people out of their cars, they can't ride BART. Most days, you cannot find a space after 7 a.m., and yet the reports say our ridership is not that good. Mr. Ambrose reminded the Council that we sued BART when this was underway and they adopted a two station alternative. Their own EIR shows they need both stations in Dublin. Cm. Barnes stated we need to get on the bandwagon now. BART maintains parking isn't their job. Mr. Ambrose stated the County and BART cannot reach agreement on how additional parking can occur. Mayor Houston stated Pleasanton is very interested in this as well. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, 1998 PAGE 489 I~680 Freeway Improvements (800-30) Cm. Burton stated he would like to have the City Council consider sending a letter to Caltrans. There have been two major accidents on 1-680 south where the road narrows and to get onto 1-580 east. There have been lots of injuries and one death. If we could move the diamond lane back one mile it would give cars a chance to merge and slow down sooner. Right now, it ends at Alcosta Boulevard. They should move it back at least a half mile. Mayor Houston suggested having Mr. Thompson take a look at this. Cm, Burton stated he had spoken to Chris Kinzel who felt something from the City might be more effective. Study of Village Parkway Property (470-50) Mayor Houston commented he had heard this evening about the timeline to hear about the Village Parkway study. At some point in time, he felt it is appropriate that they look at the whole area and hopefully, they can piggyback on this report coming soon. Business Closures (470-50) Mayor Houston spoke about property owners who leave Dublin. What, if anything, can we do to prohibit people once they leave town to put in restrictions that will severely impact the City and the property and benefit no one. He requested that the City Attorney to look into this. Mr. Ambrose pointed out there could even be a situation of somebody moving within town. Cm. Barnes brought up the situation with the vacant restaurant, Red Lobster. She stated she had heard another restaurant tried to locate there and was unable to do so. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, 1998 PAGE 490 Mr. Ambrose stated we have not had a restaurant use vetoed by the property owners. We've had other requested uses. Mayor Houston felt it would be a good discussion with regard to the pros and cons of what we can and cannot do. It's not good business for someone to tie up property for 30 or 40 years just because they don't want competition. LAVTA Presentation on Bus Services (1060-20) Cm. Lockhart asked the City's LAVTA representatives to consider at their next meeting, the possibility of having a town hall meeting scheduled at the senior center to work with those interested in understanding our bus system better. Many don't understand how DART works, the bus route changes, and have a lot of questions. There seems to be a growing concern in the community. Mayor Houston suggested meetings at the libraries or senior centers in the valley. He agreed that it might be a good idea for LAVTA to do this. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:37 p.m. K2/G : tCC-MTGS~98-QTR4tOCTU 0-20-9811 O-20pr¢.doc Mayor CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING October 20, 1998 PAGE 491