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HomeMy WebLinkAboutItem 4.01 Draft Minutes 10-7-97 (2) '" . . . . t REGULAR MEETING - october 7, 1997 A regular meeting of the Dublin City Council was held on Tuesday, October 7, 1997, in the Council Chambers of the Dublin Civic Center. The meeting 'was called to order at 7:02 p.m., by Mayor Houston. ~" ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. ABSENT: None ~. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. . ~" PROCLAMATION 7:03 p.m. 3.1 (610-50) Mayor Houston read a proclamation declaring the month of October 1997 Crime Prevention Month and urged all citizens~ government agencies, public and private institutions, and businesses to recognize the power of prevention and to work together for the common good. .. Chief Thuman accepted the Proclamation and advised that a number of programs are planned for the upcoming weeks. October 23-31 will be Red Ribbon Week. Cm. Burton crime is down on every issue except aggravated assault. Congratulations. ~ T" CONSENT CALENDAR 7:06 p.m.. On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 16, 1997 CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING . october 7 J 1997 PAOE 386 ITEM NO. , .., . i Approved (4.2 600-30) designation of Mayor Houston and Cm. Barnes as the City's representatives to negotiate conditions of employment with the City Manager; . Accepted (4.3 150-70) gifts for the Dublin Senior Center ($300 donation from Secure Horizons) and (a Lowrey Carnival Organ from Mr. & Mrs. Matt Gowdy); directed Staff to prepare formal acknowledgments to the donors; and approved the Budget Change Form; Authorized (4.5 600-30) Staff to advertise for bids for Contract 97-12, San Ramon Road Landscape Repair/Silvergate Drive Median Landscaping Phase II; Adopted (4.6 670-40) RESOLUTION NO. 114 - 97 APPROVING GRANT OF EASEMENT TO DUBUN SAN RAMON SERVICES DISTRICT FOR WATER UNE ON DUBUN BOULEVARD EASTERLY OF DOUGHERlY ROAD (to serve BJ Dublin Co....ercial property) and authorized the Mayor to execute the deed; Adopted (4.7 410-50) RESOLUTION NO. 115 - 97 . APPROVING SUBSnTUTION OF SECURllY FOR TRACT 6644 (PARCEL MAP 7109) - DOUGHERTY ROAD and authorized the Mayor to sign the reconveyance document in the amount of $102,500; Adopted (4.8 320-30) RESOLUTION NO. 116 - 97 ADOPTING A REVISED POLICY FOR CllY INVESTMENTS Received (4.9 330-50) the preliminary Financial Report for the Month of August 1997; Received (4.10 100-80 the Bi-monthly Update to the 1997 Goals & Objectives Status Report; CITY COUNCll.. MINUTES VOLUME 16 REGULAR MEETING october 7 J 1997 PAOE 387 . . . . Approved. (4.11 600-30) a Consultant Services Agreement for the City Park Master Plan with David L. Gates & Associates and authorized the Mayor to execute same; Approved. (4.12 300-40) the Warrant Register in the amount of $1,296,015.69. Cm. Burton pulled. Item 4.4 related to Drug Free Workplace from the Consent Calendar for discussion and asked. how this will affect our subcontracts. Assistant fo the City Manager Texeira advised that this applies only to City employees, however, most of our contracts have stipulations in them with similar policies. Assistant City Manager Rankin advised with regard to private enterprise, in the event they were providing services on a project in which federal funds are involved, they would be required to have this policy. On motion of Cm. Burton, seconded by Cm. Locldtart, and by unanimous vote, the Council received (4.4 700-40) a Report on Drug Free Workplace Policy. +- REPORT ON FEASIBILITY OF BRIDGE OVER CREEK AT THE HERITAGE CENTER 7:08 p.m. 8.1 (295-30) Public Works Director Thompson presented the Staff Report and advised. that the City Council asked Staff to look into the feasibility of installing a recycled flat car bridge at the City's Heritage Center to access the Dublin Historical Preservation Association's parcel to the south. Mr. Thompson advised that DHPA owns a one-acre parcel of land located between the City's Heritage Center and 1-580 off Donlon Way. The parcel is separated. from the Heritage Center land by a large creek. DHPA has leased this parcel to the Clampers for 99 years for the construction of a meeting hall to be used by both DHP A and the Clampers; however, the lease will only remain in effect if the lessee obtains the legal right to construct the building. The property is zoned for agricultural use and would require rezoning and a Conditional Use Permit before a community clubhouse could be built. The parcel has vehicle access from Donlon Way; however, the access narrows to 12 feet, which is too narrow to meet the Fire Department's requirements of 20 feet for emergency vehicle accesS. Mr. Thompson advised that the Clampers have not been successful in purchasing additional land for access from either the property owners to the east or from Caltrans on the south. CITY COUNCll.. MINUTES VOLUME 16 REGULAR MEETING october 7 J 1997 PACE 388 Mayor Houston stated he wished to limit discussion to the bridge, and read from the minutes when he requested that this be agendized. There has been a lot of fervor and . excitement in the newspapers. This does not relate to the good or bad of oI:ganizations or businesses. We will not be discussing people. Tom McCormick, 7170 Emerald Avenue, Dublin thanked the Council for letting him speak first. He has lived here in Dublin for 26 years and is on the Board for DSRSD. He is a charter member for the DHP A which has been in existence for 2Z years and he has been President or VP for 18 years and is also a member of E. Clampus Vitus. He is pleased that the City Council is considering the bridge in the Master Plan. They have intended to put in a bridge since 1976 to use the property which was donated to them by Hexcel. The Fallon House was to -have been accessed. The bridge would access the property and make the Heritage Center area a better asset for the community. They would like the bridge to access a facility for the Clampers. This would also be great for use with weddings. It would greatly enhance our ability to publicize and bring POOple to Dublin. There would be a church, a museum and a large meeting hall. The arrangement with Caltrans is not a completely closed issue. He requested that the Council consider going ahead with the feasibility study. Mayor Houston asked if copies of minutes exist of their master plan. Marie Cronin stated she hoped to be able to find them in some of her records. . Susan Hagan 6572 Donlon Way, Dublin felt we need to take a long hard look at this proposal. She had petitions with concerns such as zoning, hours, and that the bridge will go to private property for benefit of a private group. Will this proposal benefit the majority of Dublin citizens? She has been overwhelmed with support of over 400 signatures of Dublin residents opposed to this. Approximately 98% reside in Dublin. The newspapers too saw the importance of this. After the story ran, she received many calls and faxes from POOple also concerned. E. Clampus Vitus tried to build on this property for years. This proposal is not legal. This would be a gift of public funds and the law will not allow this. For many, the cemetery is of great concern. She is not doing this for selfish concerns as stated by the Mayor in the newspaper. She is not in this alone. There are hundreds who feel as she does. When all the other projects are completed which benefit all the citizens, they still would not want this one small group to benefit. Mayor Houston stated prior to deeding of the property it was all private property. It is now public property. The City would never give funds without ownership of the property and control. The issue of a gift of public funds is not even to this point yet. We are only discussing the bridge. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7, 1997 PAOE 389 . . . . Gordon Rasmussen 6000 Highland Road, Pleasanton'stated he was the last president of the Dublin Cemetery. He corrected the statement made that the cemetery was given to the City by the historical society. About 4 years ago, the Dublin Cemetery donated it to the City which includes where the Murray School is. They also gave the City $60,000 as an endowment for the perpetual care and also in the deed is a restriction on how the property is handled. It was given with the idea of keeping the dignity of family members who are buried there. They said they don't want to build right up to Donlon Road and they said there would be no more burials. Now, all of a sudden they're talking about a bridge. They feel they gave it in good faith to have the City keep it as a cemetery. If not, it is to go back to the cemetery group. Why are we even talking about a bridge which will have no meaning to the cemetery? This is not the pUrPOse of the cemetery. It is dedicated to the pioneers of the valley. Don't taint it with foolishness. Geor.ge Zika, 8046 Peppertree Road, Dublin questioned if they don't talk about what property connects what property, they don't need a bridge. This is still a private organization. We don't give to the Soroptimists, Lions, etc., so this is a gift of public funds. If the DHPA would give the property to the City, we would be playing a shell game because of the 99 year lease to the Clampers. We have no guarantees that it would be used for public good other than what they feel is good. The bottom line is we are spending public funds on a private organization. If they want to build the building and give it to the City, this would not be very smart on their part, but it could be more beneficial. The bridge will benefit very few Dublin residents. Instead the money should be spent on additional library hours. Donna Miller, 11933 Dublin Canyon Road, Pleasanton, stated it was after she read about this in the paper, the petitions going around were for Dublin residents and she called to say there are a lot of people who have loved ones in the Dublin Cemetery. It should be respected as a cemetery and building a bridge is not proper to be going through the cemetery. She is not in favor of the bridge and hoped the City Council would respect those buried there and those who have plots there. She had a map showing a foot bridge. This was on the plans between DHPA and the Clampers. She did not know who drew the map. It might have been drawn up by their Attorney. Paul Moffatt, 11724 Solana Drive, Dublin stated. he was really happy that we publish the agendas on the Internet. It is a great thing to do. He came primarily to express concerns about the bridge. Mayor Houston clarified some of the things such as the City needing to own it. It is kind of a shell game. He was at the cemetery a while back and took some photos of where a bridge would go. It would have a deleterious affect. In the back of the cemetery there is a tree across the creek. This is a very dangerous situation and he hopes no one falls the 15 or so feet. He hopes there is sufficient insurance to cover this. He had pictures of this situation also. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7, 1997 PACE 390 Mayor Houston asked who owns the creek and if it is a part of the Heritage Center. Mr. Thompson stated he thought the creek actually belongs to DHPA. Marie Cronin stated the property line is in the center of the creek. Mr. Moffatt stated he and 2 other former Dublin Mayors say no to this bridge. Marie Cronin, 8989 Dublin Canyon Road stated she has been involved 40 years with helping preserve the heritage of Dublin. She gave a brief history of some of the accomplishments over the years of the historical group. For over 20 years, hundreds of community people have worked dn the historical center to bring it to what it is today. Working out the details of a lease could certainly be done. A bridge has always been part of the master plan for the historical association. They formed a committee. Mr. Claudell was a bridge engineer and he worked on the drawings with the concept of using a rail car. They originally established 4 goals and this is the one objective yet to be accomplished. Minor issues can be resolved. Many of the service or:ganizations in the community were who bought the supplies to get the work done. This is a 40 year project. Do we want a heritage center that can function? Can we offer a more community oriented facility? If we work together, we can accomplish this. The big picture is worth pursuing. Rosemary Brassea, 11615 Circle Way, Dublin felt the fact that the City Council is even considering this is fundamentally wrong~ There is no need for an additional meeting hall. Shannon Park and Dublin Civic Center are available for public meetings. It is inappropriate to build this bridge next to our cemetery. None of our historic buildings are equipped with sprinklers. Money, if it is available, could be used for other things. She herself got 90 signatures and there was not one positive comment about a bridge. She requested that the Council consider all the other things that could be done for the community. Denis Kenny, 1 Embarcadero Center, SF stated he is an Attorney in SF and was asked to speak by Sue Hagan to discuss the legal issues. He highlighted additional issues. This is a land locked parcel zoned for agricultural uses. Another aspect is where will the bridge go - over an existing watercourse and this would require an EIR. This would cost taxpayers substantially. You would have to take down some native trees that could heighten the environmental issues. More fundamentally, people have addressed the pastoral setting of the cemetery. The natural setting would be affected by a 20 foot bridge and a parking lot. The legal obstacles are too great to even seriously address this further. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7. 1997 PACE 391 . . . . Mayor Houston stated he was absolutely right. The Council would need to address each and every one of these issues plus some more. Cm. Burton stated he had been President of DHPA and on the Board and they looked long ago at every way to save the buildings. The Clampers were definitely there when they were needed. We have to give them this recognition. We are not discussing whether to build a building or use of the property by any particular group. The only question was one of the potential requirements posed by the Fire Department of the easement. It is not land locked. The bridge is an alternative and mayor may not be a good idea. He does not feel this is the best use of that area of the property. The property is obligated to the Clampers and there is going to be some kind of an effort to build some kind of a building. The original plan was for a foot bridge. Tonight is a hearing on what is the feasibility of using a rail car as a bridge. A lot of bad publicity has come of this. The real question is what is the best use of the land. He was inclined to turn this back. It is a moot question because of all the unknown issues. There may be a red toad discovered. He would rather see this put off until there is a plan submitted for land use, zoning, Planning Commission consideration, etc. . Cm. Lockhart commented she felt Cm. Burton hit on a valid point. This cart is so far ahead of the horse, it can't catch up. If we put in a bridge, would this benefit the City. She was disappointed that people jumped in and made up their minds on issues that are far from decided. She hoped the public would have more faith in our City Attorney and City Staff. People jumped way too far ahead of what the real issue is. She understood that the bridge was for emergency access. We only have to decide whether or not to even look at this and whether the land will benefit the City. She owns a plot and has a family member buried there. She is not or has she ever been a Clamper. She felt there is still room to have a conversation. Nothing has been decided. The Council has a right and a responsibility to look at this. Cm. Barnes commented on the cost of $80,000 and she knows there is never enough money to do what we want to do. She would like to not ask Staff to look at a bridge. She was confused by hearing tonight there is a master plan for the property. This amount is so crucial to the community right now; this is not the place to spend $80,000. This should wait in line for its turn to corne up. If this is emergency access, she asked where other access would be. This was discussed. She opposed a feasibility study for this bridge. Cm. Howard did not feel we should spend extra Staff time and/or money on this. She would rather see extra money put into the Senior Center or Library hours. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7, 1997 PACE 392 . Mayor Houston felt what he wanted from Staff they"came up with. It would cost $80,000 to do this. The agreements with the cemetery association and deed restrictions, . he is not clear what this entails. This next spring we will be doing improvements to the parking lot and he wanted to know what restrictions are placed on the City for any type of improvements. Is this just access type issues or uses or both? He proposed that in February at the Goals & Objectives meeting when the City Council ranks the goals for the City that this be considered with all the others. He would like to see a Staff Report on the cemetery agreement. Regarding the gift of public funds, he did not know all the interactions of the various historical groups with each other over the last 40 years, nor did he want to know. Now that the City has been in absolute control, we have spent about $250,000 on improving the center. We are expending public funds for the City's use. Any project contemplated would be under the same set of goals. They know the rules as far as a gift of funds. The City would have to be in charge. He commented Staff had done as he had asked and provided information that a bridge would cost $80,000. He proposed that they accept the report. There is not even a need to table this. It will be on the list at Goals & Objectives time to rank. Consensus of the Council was that this was fair. Speaker slips were completed and tumed in by several people who requested that their comments become a part of the public record. These included: Mrs. Kobert Pe1TJ'7 5848 Sanjuan Wa)j. Plea.santon;! CA . Emily Taylor, P. o. Box 11504 (777 Palomino) Pleasanton;! CA 94588 Lila. D. Freeman;! P. O. Box 11504 (777 Palomino/ Pleasanton;! CA 94588 Kim Caudle;! 6873 Herrin Cou~ Pleasa.nton;! CA 94588 Priscilla Kramer, 242 Canyon Lakes Place;! San Kamon;! CA 94583 Gary ~ Johnson;! P. O. Box 428~ (city illegible) CA 95634 ~ "..' 8:04 p.m. Mayor Houston called for a short recess. At 8:11 p.m., the meeting was reconvened with all Councilmembers present. .+" THIRD AMENDMENT TO HANSEN RANCH DEVELOPMENT AGREEMENT (HANSEN HILL PROJECT PA 91-099) REGARDING TIMING OF PUBLIC IMPROVEMENTS AND ASSIGNMENT OF DEVELOPMENT AGREEMENT _ 8:12 p.m. 8.2 (600-60) Community Development Director Peabody presented the Staff Report and advised that California Pacific Homes, Inc., requests approval of a Development Agreement CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7 J 1997 PACE 393 . . Amendment to modify Condition No. (a) of Subparagraph 5.3.2 of Exhibit B of City of Dublin Development Agreement for the Hansen Hill Ranch project. The proposed modification will allow occupancy of a limited number of homes in Phase II and for issuance of building permits up to the 135th unit prior to the completion of creek improvements, construction of the access road, and access trail, and will give the City certain financial assurances should the necessary creek improvements not be underway by July 1, 1998. Mr. Peabody advised that amendments were made last year to allow up to 93 building permits. There was attempts this last year to get approval of improvements to Martin Canyon Creek. It is now anticipated that plans will be approved by July 1998 and construction anticipated from July to October for the creek improvements. . Mr. Peabody stated the original developer, Donald Bren requested the City Council approve an assignment of the agreement including all their obligations. Copies of the 2 letters were a part of the record. No more permits beyond 93 can be issued and the applicant is asking approval to release 42 new permits up to 135 and stated they want to do everything in their power to get the federal agencies to approve the improvements by July of next year. Given their request, Staff inserted several conditions to provide some safeguards for the City. We are asking them to provide cash or a letter of credit as a last resort if the improvements are not made. There would be a mandatory referral back to the City Council if this turns out to be the case. This would give the City financial assurance if the improvements don't occur and aren't completed by January of 1999. Warmington assumes all responsibilities formerly held by Bren. Mr. Peabody stated the effect of the approval of the assignment to Warmington Homes is that California Pacific Homes, Inc., is released from all obligations under the Development Agreement, as provided in the Development Agreement itself. Cm. Burton asked if anything is specifically set regarding amount of money. Mr. Peabody stated the 130% estimate of cost figure was determined by the Public Works Director as an appropriate amount in the event we must complete this. We would accept cash or a letter of credit. Cm. Burton asked if we could be delayed years and years by them making new requirements and having to do more than what we know today? Mr. Peabody stated the agreement is designed to state if it is not designed and approved by 1998, it will be back before the Council. The City has certainly tried to work with the developers but we aren't there yet. Every good expectation is that we will have all the necessary documents signed by July of next year so construction can occur. If they do . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7, 1997 PACE 394 have a signed agreement but haven't completed the work by January 1999, again, they are back before the Council. . Cm. Barnes asked about the agencies involved and if both Warmington and City Staff had been working on getting things through. Mr. Peabody stated the agencies include Fish & Game, the Water Quality Board, and U. S. Fish & Wildlife. Warmington and City Staff have both been working with them to gain approvals. Mayor Houston asked with regard to the issues they are apart on, if the 130% would be substantial enough to solve the problem. Mr. Peabody stated yes, they have to build a trail as an original requirement of the zoning. Everybody involved is working on it. Cm. Lockhart asked how the date of July 1998 was determined. Mr. Peabody explained that it is anticipated that all of the permits from all the agencies would be accomplished by July 1 st. They need to get them completed in the next season. em. Lockhart asked if the new building permits will impact on the improvements and if . they're still accessible. Cm. Burton clarified they would be approving 42 additional units. Mr. Peabody stated this would be the second phase of the second subdivision. There would still be a goodly amount left. Craig Page, representing California Pacific Homes stated he appreciated the City's understanding. They've obtained 2 of the 3 permits and they're working on a revised concept to obtain that permit. In the Spring of 1998, they exPect it to be approved. The second part of this is assigning the agreement to Warmington and adding a stipulation to release California Pacific Homes. em. Barnes asked if the rules were constantly being changed for them to get their permits? Mr. Page discussed amendments by FEMA, the red legged frog, and advised that the Army Corps of Engineers permit expired at the end of 1996. They have been struggling and wish they had the permits. CIlY COUNCIL :MINUTES VOLUME 16 REGULAR MEETING october 7, 1997 PACE 395 . . ' . . . George Zika stated he had a couple of concerns. The history of this project has not been too good. They got heavily fined for polluting the stream. They got an amendment last year and now they are asking for another year. What is the liability if we grant this amendment and if we get the colossal rains we're expecting. Mr. Thompson stated the last 2 years when they had erosion, they have made substantial improvements. Originally they hydroseeded the hills, but a lot of these requirements have changed. On the creek, improvements are not to increase the flow of the channel, but to correct some of the oxbows and to slow down some of the water a little bit. Not having the improvements will not affect the flooding downstream. It is a big channel and it will hold the water. Mr. Zika stated given their history and our history of not being able to estimate costs too well, he suggested we increase the cost to 150%. They were originally supposed to do this work before they got any occupancy permits. Cm. Burton felt they were looking at whether 45 homes would make any difference in the creek. Mr. Thompson explained there is a big watershed there. This is a small part. The problems of 2 years ago was about 80% of the siltation came from down cuts in some of the areas and all the silt was just brought down. Mr. Ambrose pointed out that the major -problem areas were outside the actual City limits. On motion of em. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 117 - 97 APPROVING THE THIRD AMENDMENT TO THE HANSEN RANCH PROJECT DEVELOPMENT AGREEMENT (PA 91-099) AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT and RESOLUTION NO. 118 - 97 APPROVING ASSIGNMENT OF HANSEN HILL RANCH DEVELOPMENT AGREEMENT .. CITY COUNCIL MINUTES VOLUME 16 REGULAR :MEETING october 7, 1997 PACE 396 A~OPTION OF GENERAL PLAN AMENDMENT POLICY . 8.32 p.m. 8.3 (420-30) Community Development Director Peabody presented the Staff Report and advised that at the direction of the City Council, Staff prepared a GPA Policy. The proposed GPA Policy identifies several benchmarks such as: 1) what actions should be taken by an applicant to demonstrate progress; Z) a time table to prepare a specific application; 3) progress reports to Staff and the City Council; and 4) after 6 months, either revocation or continued processing of the application based on progress. Cm. Lockhart asked if at the end of 6 months they have to complete the environmental check list, or if he meant have the check list complete. Mr. Peabody explained the check list should be done. This goes along with any application we have. It shows the issues to be looked at. em. Burton stated he was under the impression we were going to do this in a year. When you think of all the things that have to take place, 6 months is a short time for a major project that changes the General Plan. He thought the general policy would be a year. Mayor Houston asked how much external forces would play into this and stated he thought most of them, the applicant will have to do. . Mr. Peabody stated usually the applicant has done -most of the things within a 6 month period. This would indicate they've got things going on. Cm. Burton stated these are major things, not just building a house. He felt six months is too short and unreasonable. He suggested a year be given. Cm. Barnes stated she was definitely in favor of 6 months. They should be able to determine what kind of project, start land use, begin discussing alternatives and give a written report. This should be adequate. We're not asking that anything be completed, just started and have some progress. Mayor Houston stated he agreed. with most of the issues listed as a) through f) in Item 1 of the Policy. Maybe the proper thing would be to have #1 be 6 months and for a) through c) of Item 2 have a longer time. KEQUIRED AC'nONS BY GPA APPLICANT wrrHIN 6 MONTHS OF AUTHOKIZATION 1. Start Planning and Environmental Studies a) Detennine what kind of project should be considered CITY COUNCn. MINUTES VOLUME 16 REGULAR MEETING October 7. 1997 PACE 397 . . . . 2. b) Begin environlnental reconnaissance analysis of site c) Start land use feasibility of proposed uses and the benefits of the project to the City d) Contact staff about the applicant's planning team e) Begin discussing alternatives with staff f) Give staff a written monthly report on progress related to activity File a completed General Plan amendment application and Environmental Check list a) Prepare and sublnit application for a General Plan Change b) complete environmental checklist regarding the proposed change c) Pay appropriate fees for staff review Cm. Barnes felt we could give 6 months after approval to start the study. We would just like to see them move along. Mr. Peabody stated they will file something. Mr. Ambrose stated the application is a starting point for us to start reimbursing ourselves for review. Cm. Burton stated he was not concerned about #1, but #2 is quite a ways down the road. Mayor Houston pointed out that with #2 you have to pay the fees. He asked what defines what the fee will be. Mr. Peabody stated with a GPA we take a deposit, but we don't collect the fee until they file an application. The deposit depends on the nature of the size of the GPA and is determined at the time they file. Cm. Barnes felt at 6 months, they should know whether or not it is feasible. A year is too long to expend Staff energies. Cm. Burton asked about the situation on the open market. How will this appear to developers as compared to what is done in other areas and how we are looked upon. Mayor Houston asked if other cities have procedures such as this. Mr. Peabody stated he was not aware of any other city that has these types of procedures. In most cities, you simply file and pay your fee and away you go. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7, 1997 PACE 398 Cm. Burton made a motion to accept 6 months on #i and I year on #2, but fees would . be with #1. After 6 months they would pay fees for staff review. em. Lockhart seconded the motion. The motion was defeated by NO votes cast by Cm. Barnes, Cm. Howard, and Mayor Houston. On motion of Cm. Barnes, seconded by Cm. Howard, and by majority vote, the Council adopted RESOLUTION NO. 119 - 97 ADOPTING A GENERA.L PlAN AMENDMENT POUCY Cm. Burton voted in opposition to the motion. +" REVIEW OF A GENERAL PLAN AMENDMENT (GPA) STUDY FOR 200 ACRE PORTION OF THE NIELSEN RANCH CONTINUED FROM THE SEPTEMBER 2, 1997 CITY COUNCIL MEETING 8:53 p.m. 8.4 (420-30) Community Development Director Peabody presented the Staff Report and advised that . Staff was requesting that the applicant be allowed to proceed in accordance with the Council's new GPA Policy and complete'the GPA application within 6 months. em. Burton felt they were now changing policy and informing him he has a certain length of time. In the past there was no time requirement. He felt we should give him a chance and make it a year, but in light of the new policy it would probably be fair to give him 6 months from this time. Cm. Barnes reminded that this was approved on January 21.. She would go along with 6 months, since it has already been 10 months. Mr. Peabody stated nothing has been accomplished up to this point. On motion of Cm. Burton, seconded by em. Lockhart, and by unanimous vote, the Council directed Staff to continue processing the GPA for the Nielsen Ranch and to inform the applicant to complete necessary processing in accordance with the newly adopted GPA policy. +. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7 J 1997 PACE 399 . . . . SITE DEVELOPMENT REVIEW FOR THE RETAIL AND ENTERTAINMENT VILLAGE PORTION OF THE HACIENDA CROSSINGS ENTERTAINMENT CENTER PA 97-003 8:57 p.m. 8.5 (410-30) Mr. Peabody stated this is a third in a series of approvals which have come before the Council at Hacienda Crossings as well as Auto Nation. On behalf of Staff it has been their distinct pleasure to work with them and to enjoy a good working relationship. The results are very exciting on a very important piece of property for the City. Associate Planner Ram presented the Staff Report and advised that the Council would consider a proposed Resolution approving the Site Development Review application for the second phase of the 53 acre G<:,mmercial center formerly known as the Santa Rita Commercial Center consisting of 305,000:!: square feet of retail space. The proposed project will be located at the southeast corner of Hacienda Drive and Dublin Boulevard. As outlined. in the Staff Report, Ms. Ram discussed the Center Design, Design Team, Site Plan, Elevations, Retail Center Elevations, Retail Center Elevations/Dublin Boulevard, Entertainment Village Elevations, Landscaping, Consistency with the General Plan, Eastern Dublin Specific Plan and Zoning Ordinance, and Environmental Review. Ms. Ram advised that the Architects, SGP A, took a lot of elements from the design of the theater and worked them into the design of the center. The developer is providing more parking than is called. for. Staff will keep encouraging them to include some type of public art and perhaps replace the misting boulders. A model of the treatment of the backs of the buildings which will face Dublin Boulevard and/or AutoNation Drive was displayed. A new condition #58 would replace the selected yellow color Tusk Tusk with a lighter color, Swiss Coffee. Mr. Peabody stated the objective of doing a model was to show the solution to help soften the impacts of the long run of buildings. It will take a while for the trees and plants to grow up. There will be trellises and architectural elements. Staff feels this is a good solution, but wanted. the Council to see it. Ms. Ram described in detail the model which was displayed. em. Lockhart asked about the time required for the growth of trees and if they would lose their leaves. Mr. Thompson stated. the proposed Sycamore trees would lose their leaves. We have them all up and down Dublin Boulevard and they've been in for 5 or 6 years. We put them in as 15 gallon trees. They're one of the fastest growing trees. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7. 1997 PAGE 400 Cm. Barnes stated she was happy to see they are deCiduous because they look beautiful. . Within a year in a trellis you see vines growing and coming out. Cm. Burton commented related to the parking around the theater and how many people could be coming out at anyone time. The response was there will be seating for 4,800. He felt there could be a lot of pedestrian traffic at times and asked if the design was adequate to accommodate this without major gridlock. Cm. Barnes pointed out there are 21 theaters and timings will be staggered so not everyone will be coming and going at the same time. Ms. Ram stated they are looking at circulation plans. They feel adequate circulation has been provided and there should be no problem. em. Lockhart commented down south they have valet parking and she asked if they had considered this. She was concerned that the misting boulders coupled with the Dublin wind may blow every woman's hair apart. She liked the idea of small low fountains. This is very attractive and in the evening there are lights. She would also like to see DF A be involved with some type of fine art and to get their opinion on what would work out there. Cm. Lockhart asked about the fencing for undeveloped areas. . . . . Staff advised it would be chainlink fencing. John Greer, VP Opus West Corporation thanked the Staff. This is a very complicated project. They have already closed on phase I of this development. This project is going to happen and they are very excited about it. They feel they are creating a very unique retail and entertainment complex and they feel it will become a model for this type of project. A lot of people will come into town to take a look at this project. It will be a major draw for visitors and shoppers. It is not only distinctive, but also inviting. He introduced members of the design team. Dave Babcock stated they have discussed valet parking and areas were designed in for easy access along the plaza area in front of the theater. Regal is working on this. With regard to the misting boulders, they have always wanted some strong focal point. He felt it will be a wonderful element. There is a major problem with water elements with kids who then go to the matinees. They wanted to come up with something unique, interesting and provocative. They will continue to work to resolve exactly what this will be. .' CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING October 7, 1997 PACE 401 . . em. Burton asked if they have a theme for marketing and promoting the center. Mr. Babcock discussed the Art Deco style and adding spires and fins to the entire project. Cm. Lockhart asked if the restaurants will be indoor/outdoor in concept. Mr. Babcock stated the plaza will be so strong and it is meant to be a very flexible space. Their initial concept was to break it up so it's not one huge piece of concrete. There's a raised seat wall along the sides of the buildings with a sunken plaza area below. There will be a whole range of potential uses for the space. There are a variety of flexible uses in the space. They would encourage restaurants to have some outdoor seating and spill out into the area. This area is really meant to be the fun space. Sign age will be incorporated into the facade of the canopy. They are working with Staff on the best way to do the signs. They want to encourage exciting signage, but are currently developing guidelines. Mr. Peabody stated a master sign program will come before the Council in early November. All the signs will be identified. . Bob McGorman stated they are looking at all different kinds of retailers. Entertainment will be a big part of this. It's an exciting time. There's a buzz around the industry; their phones are ringing constantly. They are in the final negotiations with about 8 uses. They have been marketing this very hard for B: long time and it has really come together. Cm. Burton commented he felt it would be a good idea for identity since this is a remarkable piece of architecture for this area. Mr. McGorman reported that people are jumping on the bus pretty quick. Consumers will establish this. He assured the Council that they will remember the Irish heritage. Cm. Barnes asked that they be very careful right now with regard to signage out on the site since this is a very sensitive area. On motion of Cm. Lockhart, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 120 - 97 . APPROVING PA 97-003, SANTA RITA COMMERCIAL CENTER, PHASE II, SITE DEVELOPMENT REVIEW FOR THE RETAIL AND ENTERTAINMENT VILLAGE PORTION OF THE HACIENDA CROSSINGS ENTERTAINMENT CENTER .. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING October 7, 1997 PACE 402 Mayor Houston asked where the Auto Nation Drive name came from. . Mr. Peabody stated he thought this was at the request of the applicant, but he would research this. Mayor Houston commented he was not in favor of this and would like to see this come before the Council for discussion. .+" PUBLIC ART POLICY 9:45 p.m. 8.6 (900-10) Community Development Director Peabody presented the Staff Report and advised that pursuant to previous direction from the City Council, Staff worked with Lynne Baer of the Dublin Fine Arts Foundation and prepared a draft Public Art Policy that would encourage new development to contribute public art to the community. Cm. Burton felt it makes sense to have a policy with direction. Mayor Houston felt this is also a way for the Council to have input. Cm. Lockhart stated she agreed with the policy and consultant, but the final decision . needs to rest with elected rather than appointed people. The Council needs to make the final decision. Dr A is a good resource for ideas. On motion of Cm. Barnes, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 121 .. 97 APPROVING THE CITY OF DUBUN PUBUC ART POUCY +. MODIFICATIONS TO ZONING ORDINANCE ENFORCEMENT POLICY (POLITICAL SIGNS) 9:48 p.m. 8.7 (400-30) Community Development Director Peabody presented the Staff Report and advised that this proposed change would enable Staff to take action regarding political signs without first receiving a complaint. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7, 1997 PACE 403 . . em. Lockhart asked about other temporary signs that show up in our City from other cities. Mr. Peabody stated we are contacting people right now and our Code Enforcement Officer is reminding them that they are illegal and there could be a $100 fine per sign. Mayor Houston pointed out these are mainly put up by professional sign companies. Cm. Barnes was glad to see us put some teeth behind this so people will know you can't just come into Dublin and junk us up with signs. Cm. Burton questioned KA. (Wa{be placed within the public right-ol-way or within 660 leet oland visible from the right-ai-way 011-580 or 1-680.7' He stated he understood the public right-of-way requirement, but questioned the other restriction. Mayor Houston agreed you can't have them in the public right-of-way, but we're crisscrossed with freeways, and he also questioned the 660 feet requirement. Cm. Barnes stated we are talking about political signs. She likes the 660 feet visible limit. She thought this had something to do with Caltrans requirements. . Mr. Ambrose stated Staff could bring something back to the Council on this. Mayor Houston made a motion to adopt the Resolution, but to delete the 660 feet restriction. This motion was seconded by Cm. Burton. Cm. Barnes asked that this be tabled until infonnation could be provided. Mayor Houston withdrew his previous motion. Cm. Burton withdrew his second to the motion. On motion of Mayor Houston, seconded by Cm. Burton, and by unanimous vote, the Council tabled the motion until the next City Council meeting. .. OTHER BUSINESS 9:56 p.m. Lea!ZUe of CA Cities Conference (140~20) Cm. Lockhart stated she looks forward to attending the League of California Cities Conference in San Francisco next week. She hopes to get lots of good information there. .... . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7, 1997 PACE 404 . Cm. Lockhart reported that the Business Task Force met and she was impressed with their first meeting. She heard a lot of positive feedback. Downtown Study Task Force (470-50) +- Library Task Force (940-60) em. Barnes reported that the Library Task Force also had their first meeting. Paul Moffatt was selected to be chair and Connie Spence vice chair. They tried to use the first meeting to get to know one another. +" Illegal Signs (400-30) em. Barnes discussed the tour of the City taken back in July at which time they noted several 4 foot x 8 foot signs which were illegal then and which are still illegal. Some of the signs have always been illegal. She was upset that two new 4 foot x 8 foot signs went up today. We want people to believe what the Council says about not putting up with . illegal signs. Mr. Peabody commented that Cm. Barnes saw them before we did. They've been told to take them down. They will get a citation if they don't take them down. em. Barnes felt people should learn to downscale those 4 foot x 8 foot signs to no more than the allowed 16 square feet. ~ T' Site Development Review by Councilmembers (410-30) em. Burton asked if the City Council was interested in considering something. A lot of new projects are coming up and with regard to design review, no elected person is a part of the process. Is this something we could look at to have a member of the City Council on the design review when things are starting to have formative layouts. Mr. Ambrose stated the policy now is that Staff is the reviewing group and about 50 SDRs are approved each year. Some projects involve several meetings. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7, 1997 PACE 405 . . em. Burton felt there is a lot going on and stated he wanted the Council to consider this. Mayor Houston felt the Council as a whole has put together development standards and Staff uses their talents and skills to manage this. He would not like to see the Council micro-manage this. Who is to say anyone of them has the best eye for this type of thing. Cm. Burton commented the Business Task Force is talking about how best to layout downtown Dublin. Maybe the City Manager could put on his weekly report that a project is in Planning and they could go in and look at it. '+' Public Art (900-10) Mayor Houston reported that he had just returned from a trip to Seattle. He did take some pictures of artwork while there. +'.'. . . . Crossin~ Guards (590-50) . Mayor Houston advised that Michael Bischoff, 7609 Landale Avenue, Dublin, had to leave the meeting, but passed him a blue speaker slip regarding the need for crossing guards or additional stop signs near Dublin Elementary School. He asked that the Council consider this issue. Mr. Ambrose stated Staff had planned to have a report on the next agenda. +' No Parkin~ Zones on Laurel Bav (570-20) The Council discussed traffic on Laurel Bay. Mr. Ambrose stated there is some no parking there because of the curvature of the road. Modifications are going on because of construction on top of the hill. Cm. Barnes commented what they gave the people who moved in doesn't match the project. +' . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING october 7 J 1997 PACE 406 CLOSED SESSION 10.1 (600-30) . At 10:11 p.m., the Council recessed to closed session to discuss Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Manager. No action was taken in the closed session. -+. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11 :20 p.m. . +. Mayor A TIEST: City Clerk ~ 0------ ~~ - 1fPi'- . -- ~ CITY COUNCIL MINUTES VOLUME 16 REGULAR :MEETING october 7. 1997 PAOE 407 .