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HomeMy WebLinkAboutItem 4.1 Draft CC Minutes 12-16-1997 (2) \ ' . . . REGULAR MEETjNG - December 16, 'I g9i A regular meeting of the Dublin City Council was held on Tuesday, December 16, 1997, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 :03 p.m., by Mayor Houston. +. ROLL CALL PRESENT: ABSENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. None +. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. ,,~. PROCLAMATION 7:04 p.m. (610-50) 3.1 Mayor Houston read and presented a Proclamation to Vince Harris in recognition of his service on the Alameda County Transportation Authority. Mr. Harris has served as Executive Director since 1995 and prior to that he was Deputy Director for Project Development. He recently announced his plans to return to the private sector as a transportation engineer. Mr. Harris thanked the City for this acknowledgment for not only his work, but the work that the transportation authority has done. He personally thanked Mr. Ambrose, Mr. Thompson, Mehran Sepehri and the Mayor for their help. + CLOSED SESSION 7:07 p.m. (640-30) The Council recessed to a closed session in order to Conference with Legal Counsel - Pending Litigation - pursuant to Government Code Section 54956.9(a) CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 16, 1997 PAGE 476 ITEM NO. . . .. ,. 10.1 Ball vs. Dublin - Alameda County Superior Court No. V-013802-6 10.2 Silvergate Highlands Owners Association vs. City of Dublin - Alameda County Superior Court No. V -013836-3. 10.3 Dublin vs. PG&E - Alameda County Superior Court No. V-011583-4. . REPORT OF CLOSED SESSION ACTION At 7:34 p.m., Mayor Houston called the meeting back to order and announced that no action was taken in closed session. All Councilmembers were present. . CONSENT CALENDAR 7:35 p.m. Mayor Houston stated there had been a request to pull Item 4.9 from the Consent Calendar for discussion. 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 December 2, 1997; Accepted (4.2 150-70) $600 gift from the Altamont Cruisers for Dublin Police Services to purchase presentation supplies and equipment to be used in the City's existing drug resistance education program; approved Budget Change Form; and directed Staff to prepare a formal acknowledgment to donor; Accepted (4.3 150-70) $300 gift from Secure Horizons to offset cost of Senior Center Holiday Luncheon; directed Staff to prepare formal acknowledgment to donor; approved Budget Change Form; Received (4.4 330-50) the Financial Report for the month of November, 1997; Approved (4.5 140-20) a League of California Cities proposed 2% dues increase for 1998 and 2% for 1999 and instructed the City Council's representative to the East Bay Division to communicate the Council's action; Awarded (4.6 350-20) purchase order for LED Modules for Traffic Signals to Synchronex $44,536.70) and approved Budget Change Form; CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 16, 1997 PAGE 477 . . . . Received (4.7 310-30) the Final Financial Report for FY 1996-97 and Annual Audit Report; confirmed the designation of Fund Balance in the Measure D Special Revenue Fund of $24,550 for Non-Residential Recycling Programs; and approved budget change to the Engineering Budget in the General Fund for FY 1996-97 in amount of $1,405; Adopted (4.8 600-30) RESOLUTION NO. 149 - 97 AWARDING CONTRACT NO. 97-13 SHANNON COMMUNITY CENTER FLOOR REPLACEMENT PROJECT TO FLOORING SOLUTIONS and approved the $4,849 Budget Change Form and authorized the Mayor to execute the agreement; Approved (4.10 300-40) the Warrant Register in the amount of $480,551.42. Mr. Thompson stated a revised Resolution had been distributed for Item 4.9. The engineer's estimate came in a lot higher on the bonding than it needed to be. . Cm. Burton asked if we are breaking up the major parcel into 4 parcels. Mr. Thompson stated there will now be 10 parcels out of the upper 2 parcels. Cm. Burton stated he was afraid that once parcels are broken up you can7t get a solution to a situation when you have a problem with absentee landlords. U'hen you break up major parcels we have to deal with a lot more people. Mr. Thompson stated CC&R's are being filed along with this subdivision which requires a lot of things regarding access and they are pretty significant. We don7t have these on a lot of the current downtown properties. Mr. Ambrose stated the parcel map was approved by the Community Development Director and there were safeguards placed in it. Mr. Peabody stated when the tentative parcel map was reviewe4 Staff expressed some of the same concerns and the ability for there to be ongoing maintenance that would be guaranteed through the CC&Ks. We put in a condition which is unusua4 that the City is to review any changes to ensure that maintenance and necessary improvements could be accomplished through the mechanism of the CC&Ks. Staff is satisfied that the methods meet the objectives. . CITY COUNCa MINUTES VOLUME 16 REGULAR MEETING December 16, 1997 PAGE 478 Cm. Burton stated his concern was that in about 10 or 15 years; maybe a store goes . broke and they don;t want to put money into maintaining the appearance. He understands the objective of getting the lots sold but he was concerned that the lots are getting broken up this early in the game. Mayor Houston felt on the flip side you can have the same thing happen with one large owner. If it~ too large; they may not have the wherewithal to correct the situation. He stated he feels pretty good about this. Cm. Burton stated he just wanted to make sure everyone understands the risk If a business goes broke and nobody takes care of the bui1din~ who does what? Robert O;Gonnan with Opus West stated basically they are dealing with national retailers and certain companies have needs to own rather than lease their buildings. This center is in excess of half a million square feet He explained that the CC&Rs which they control wilI take care of certain things. They have mechanisms in place whereby if a business goes broke; there are means to deal with maintenance. Mayor Houston stated if a restaurant leaves; and doesn;t take care of the maintenance he asked if there is a way the master lease can allow them to maintain it to a degree and then be reimbursed down the road Mr. O;Gonnan stated absolutely; when they purchase the prope~ they have to abide by the CC&Rs and they wilI enforce those. Should they have no money at al4 he will need to do something to protect his interests. Were talking about a lot of dollars that SOlneone is going to look after. . On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted (4.9 410-50) the revised RESOLUTION NO. 150 - 97 APPROVING PARCEL MAP 7223 HACIENDA CROSSINGS COMMERCIAL CENTER PROJECT (SOUTHEAST CORNER OF HACIENDA DRIVE & DUBLIN BOULEVARD) +- CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 16, 1997 PAGE 479 . ,'" . . . PUBLIC HEARING - REVISION TO DEFINITION AND PRE-APPLICATION FEES TO PLANNING DEPARTMENT FEE SCHEDULE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT 7:47p.m. 6.1 (390-20) Mayor Houston c ~:;2r:~;:: ::1e public hearing. Community Development Director Peabody presented the Staff Report and advised that Staff was proposing enactment of a fee schedule which will enable the City to f6":O,,-cr more of the development costs being incurred by the City. Various amendments to the fee schedule have been made over the years to accommodate the constant changing and ever growing array of services that the City of Dublin offers. iil addition, the City Council has adopted a new Zoning ordinance which has changed several of the previous permits issued by the City. At present, most major projects are charged on a "cost" basis which reflects the actual staff hourly charges and consultant hourly charges directly attributable to the individual case. Mr. Peabody advised that two issues were being presented: 1) Modification to the Planning Fee Resolution to identify appropriate fees for all projects consistent with the new Zoning Ordinance permits and without increasing any existing fees; and 2) Establishment of a new pre-application submittal fee to cover staff costs directly related to preliminary review of anticipated development plans prior to formal submittal applications. The net result of these changes would be: 1) No increase in fees for regular services performed (retitling various permits as changed by the new Zoning Ordinance); 2) Continuation of free public and potential applicant staff time for normal counter, phone and staff contacts (2-3 meetings, up to a maximum of 12 staff hours on average); and 3) Pre-application deposits would be required after expenditure of 12 staff hours for applicants who are serious about filing a major application. Fees for pre-application time would be at cost. Mayor Houston indicated he just wanted to make sure we don't chase casual inquiries away. Cm. Burton agreed that the 12 hours seems reasonable, and also, we give back the money we don't use. When is it a different application? He asked for clarification. Mr. Peabody stated it is by project; someone who anticipates filing an application for a CUP or a major PD development. Generally these people are well known. He discussed a current project that is just about ready to go to the Planning Commission and Staff has spent about 4 months on it. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING De(ember 16,1997 PAGE 430 ", Cm. Burton questioned projects that go through different owners and referenced the . project on Starward Drive. Mr. Peabody stated in the case of Starward there's only been one that has required more than 12 hours of Staff time. They will have to use their judgment. No public testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. The amendments to fees made by this Resolution shall be effective 60 days after adoption. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 151 - 97 APPROVING AND ESTA8L1S~UNG A PRE-APPLICATION SUBMITTAL FEE AND MINOR REVIS!~NS TO APPLICATION DEFINITIONS (& AMENDING EXHIBIT 6 OF RESOLUTION NO. 96-84) .' AMERISUITES HOTEL - SITE DEVELOPMENT REVIEW PA 97-042 (A PART OF HACIENDA CROSSINGS) 7:56 p.m. 8.1 (410-30) . Community Development Director Peabody presented the Staff Report and advised that this application for SDR is for the 1 2S-suite AmeriSuites Hotel, proposed to be located in the Hacienda Crossings Entertainment and Retail Center at the southeast corner of Hacienda Drive and Dublin Boulevard. The 2.3 acre parcel is part of the 53 acre Hacienda Crossings Entertainment Center. Mr. Peabody reviewed the project site plan, floor plans, landscape plans and building elevations. The hotel will be 6 stories high. At the top of the highest parapet, the wall will be 75 feet high. Mr. Peabody stated Tentative Parcel Map 7223, recently approved by the City, requires that the property line be adjusted around the corner element so that it is part of the Center and not part of the public right-of-way. The maintenance and any other costs CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 16,1997 PAGE 481 . . will be the responsibility of Hacienda Crossings Entertainment Center rather than the City. Mr. Peabody summarized that the Council's approval would allow for the development of the AmeriSuites Hotel as part of the Hacienda Crossings Entertainment Center. The design of the Hotel is consistent with the Eastern Dublin Specific Plan and Planned Development Zoning Ordinance for the site. Additionally, the diagonal placement of the hotel on the site has provided an opportunity to create a unique and substantial corner statement at one of the City's major intersections. The Planning Commission held a public hearing and unanimously approved the project. Mr. Peabody stated in terms of parking, the applicant submitted and Staff spent quite a bit of time reviewing what we felt was appropriate for the site. The suite type hotel requirements are not the same as a regular hotel. There may be blocks of rooms rented by a particular company. There is additional parking immediately adjacent to the hotel. One hundred five are provided on site and several hundred others are in close proximity. Cm. Burton asked if there are any cooking facilities provided in the suites. The response was that there will be microwave ovens in each suite. . Cm. Burton asked if the footprint of the building is at maximum and how the parking relates to our ordinances. Mr. Peabody explained two points. One is the character of the hotel and the conclusion is there will be less parking and there is a lot of additional parking adjacent. The normal conflicts are vastly minimized by the nature of this project. Cm. Lockhart asked if they will offer valet parking. Cm. Barnes clarified that there will be 128 rooms, and 105 full size parking spaces. Dave Babcock, SG Architecture & Planning stated he was present to present the last piece of the puzzle. They have worked closely and he felt the puzzle piece is a good fit. He gave an overview of what they have done. This project adds another level of dimension to the overall project. They will be a good neighbor and present a good blending which will add to the success of the center. This will be one of the biggest buildings on the site. It was situated in such a way as to orient the hotel to the rest of the center so it will be very convenient for guests to go to a restaurant, shopping, to the theater, or all three. The overall parking guidelines for the total PUD have been exceeded. The orientation of the building on the lot far exceeded the concern of parking. . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 16, 1997 PAGE 482 ~. Cm. Burton stated we are delighted to have them and their 6 story building. The . problem was the part that people will see is the end of the building. There should be some way to enhance the ends. He noted there is no meeting rooms. It might be appropriate for solarium type meeting rooms on the ends as there's no place for people to go sit down. Mr. Babcock stated there is a lobby/meeting room. Cm. Burton felt there is a great view that could be had from the higher floors. This is Dublin's very first tall building. Mr. Babcock stated they looked to incorporate elements all around the building. They wanted to convey that all 4 sides are being designed equally because it is going to be visible. em. Burton explained that the City Council is acting as a Design Review Committee. He personally would not accept it the way it is without something done to the ends. Mayor Houston felt in the front there is definitely a lot of definition and the back will look out on all the landscaping and the fountain. On the sides, there isn't a lot. We don't want to see a flat look. Maybe the sides could be rounded or something to give it a different look rather than just having it flat. Since this is a very prominent corner, we . want this to be a showpiece just like all the other buildings on the site. Cm. Barnes asked if the windows on the sides are rooms. Mr. Babcock stated these windows are at the ends of hallways. Cm. Lockhart felt residents will be calling when they see such a large structure going up. Mayor Houston suggested having the elevations looked at further in the future so as to not slow down the project. Angelo Stambules, Architect, stated he was present to answer questions. Cm. Barnes was concerned about the staffing of the hotel. Mr. Stambules stated there will be about 20 full time equivalent (FTE) employees. Cm. Barnes expressed frustration and was worried about 128 rooms and 20 FTEs and only 105 parking spaces. She stated she used to travel quite a lot for business and was CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 16, 1997 PAGE 483 . .~ . . . upset when she would come back to a hotel in the evening and have to park way out in left field. Mr. Stambules explained they are not really a residence hotel. In many cases, their guests will be traveling with others and not always one person with one car. This would not require a one to one count the way some residence hotels do. They've done a number of studies. The ratio they look at as being most appropriate is .7. Mayor Houston felt the way the property is being laid out, it is adjacent to and has access to a lot of parking. Cm. Lockhart questioned if this sharing would be a problem for other merchants. Mr. Stambules stated the retail hours will be complimentary. Cm. Lockhart asked if there will be breakfasts for guests. Mr. Stambules stated all guests will be offered complimentary breakfasts.. The area will be roughly 1200 square feet meeting room. It is mainly geared for people staying at the hotel. Occasional Chamber mixers could also be accommodated. Cm. Burton felt the City Council would like them to dress up the ends so they are not stark flat walls. He stated he would make a motion for adoption of the resolution with the proviso that architectural renderings be brought back to the City Council Cm. Lockhart seconded the motion. Mr. Peabody suggested that it be brought back before the building permit is issued. Cm. Burton added this to his motion. Cm. Lockhart amended her second. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted, with the above provision RESOLUTION NO. 152 - 97 APPROVING PA 97-042 SITE DEVELOPMENT REVIEW APPLICATION FOR AMERISUITES HOTEL -+ CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 16, 1997 PAGE 484 " HOUSE OF REPRESENTATIVES BILL 1534 AND SENATE BILL 1256 REGARDING . POSSIBLE FEDERAL COURT INTERVENTION IN LOCAL LAND USE AUTHORITY 8:39 p.m. 8.2 (660-50) Community Development Director Peabody presented the Staff Report and advised that HRB 1534 and SB 1256 provides for potential Federal Court judicial relief if local land use decisions are denied. These bills attempt to usurp local land use authority and they made some headway before Congress adjourned this year. If enacted, these bills will interfere with less litigious approaches to what are essentially local issues. They will encourage more litigation against cities by forcing federal courts to intrude prematurely into local resolution of land use disputes. Mr. Peabody explained that in addition to the League of California Cities, these bills are opposed by the National League of Cities, the U. S. Conference of Mayors, the attorneys general of more than 40 states (including California), the National Conference of State Legislatures, the U. S. Judicial Conference and others. Mayor Houston felt we have to deal enough with government red tape without adding the feds. On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the . Council authorized the Mayor to sign the letters to Senators Feinstein and Boxer and Congresswoman Tauscher opposing HR Bill 1534 and SB 1256 regarding possible Federal Court intervention in local land use authority. '" CITY COUNCIL/COMMISSION TEAM BUILDING WORKSHOPS 8:41 p.m. 8.3 (610-20) City Manager Ambrose stated as part of the City's 1997 Goals & Objectives Program, the City Council identified the need to conduct Team Building Workshops with the City's Advisory Commissions! Committees. Mr. AmbrOSe reviewed several options identified in the Staff Report and in order to have the most productive Team Building Workshops, stated Staff recommended that the City Council meet separately with the Planning Commission on Planning issues. With respect to the Parks & Community Services issues, several meeting format options were ' presented. These included: 1) the City Council would meet jointly with the P&CS CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 16, 1997 PAGE 485 . .I'- . . . Commission, the Senior Center Advisory Committee and the Heritage Center Advisory Committee (one meeting); 2) the City Council would meet individually with the P&CS Commission, the Senior Center Advisory Committee and the Heritage Center Advisory Committee (three meetings); 3) the P&CS Commission's liaisons to each of its Advisory Committees could meet with each Committee to identify issues relative to each area and report back to the P&CS Commission. The City Council could have one meeting with the P&CS Commission which would represent the issues of each of its Advisory Committees (one meeting); and 4) as a variation to option 3, the entire P&CS Commission could meet with each of its Advisory Committees in order to identify issues. The City Council would then meet with the P&CS Commission which would represent the issues of each of its Advisory Committees (one meeting). Mr. Ambrose stated Staff recommended that each Commission and Committee at their regularly scheduled January 1998 meetings, develop a list of issues that they would like the Council to discuss. At the first City Council meeting in January, the Council would identify topics which the Council might wish to discuss with the affected advisory body. Mr. Ambrose stated once these issues are developed, the Council may wish to consider two options for developing the agenda. Option 1) The Mayor and City Manager would meet with the Chairperson and affected Staff member of the affected body to develop the agenda. Option 2) The City Manager would meet with the Chairperson and! or affected Staff member of the affected body to develop the agenda. Mr. Ambrose stated in order to have sufficient time to develop agendas for the workshops and refine the meeting format, Staff recommended that the City Council establish special meeting dates during the month of February to conduct these workshops. Cm. Burton felt the City Council should not try to stretch themselves to meet separately with every committee. He liked the idea of 2 members of the Council to meet with each to get input from each of the groups. Two or 3 hours with each group would be too much. Cm. Barnes stated she supported option one to meet with Planning Commission separately. They could then meet jointly with the P&CS, the HCAC and the SCAC. They have issues that need to be addressed. Mayor Houston stated he envisioned that the meetings would be to share visions and he did not want to meet separately with each of the groups. He felt a group meeting would be better to exchange ideas. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 16/1997 ?,~GE 48,6 ..... Consensus was to meet separately with the Planning Commission and then meet with all the other groups together. . Cm. Lockhart liked the idea of having everyone involved. She asked where Dublin Fine Arts fits into this. Her original suggestion was to meet with that group. Mr. Ambrose stated they are not really an advisory group but a separate foundation. Cm. Lockhart felt we are slowly but surely getting to the point of discussing artwork in the community. The timing is good to include discussion with DFA. It would be a good idea to open up communications as they need to be aware of the Council's feelings. Mr. Ambrose suggested possibly putting an item on the meeting with the Planning Commission to discuss artwork. DFA could be invited to that meeting. Mr. Ambrose stated in fairness to our commissioners, we may want to have a separate meeting to discuss the various areas affecting fine arts. Cm. Lockhart felt we need to do something to get started with the policy for fine arts in new development projects. Mayor Houston asked about a teen group. They should be included. . Mr. Ambrose stated after they have had at least an inaugural meeting, we may want to discuss their ideas. Cm. Barnes suggested because of the various heavy evening schedules and commitments, maybe even meeting on a Saturday and have some lunch provided. Mr. Ambrose stated he had spoken with other cities who get together with their commissions, and was told that usually the meetings don't last more than an hour or two. Mayor Houston felt if we have more than one meeting we may want to back them up on a weekend. We could back them and have lunch in the middle. He doesn't have any evenings to give away. Mr. Ambrose asked the Council to identify a Saturday that will work. The Saturdays in February are the 7th, 14th, 21st and 28th. Someone pointed out that the 21st is a holiday. Cm. Barnes stated she will be gone on the 7th. Valentine's Day is the 14th. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 16, 1997 PAGE 437 . . . " . Mr. Ambrose stated he would be ~one on the 28th. The Council directed Staff to "- tentatively schedule the meeting on February 14th and utilize the Regional Meeting Room. Mr. Ambrose and Mayor Houston will work together to get an agenda. .. OTHER BUSINESS 8:57 p.m. Open House (610-85) Mr. Ambrose stated he had distributed a flyer indicating State Assemblywoman Lynne Leach will be holding an open house on December 19th in Livermore. .. Zone 7 Advisory Committee 0000-70) Mr. Ambrose stated with regard to the Zone 7 Advisory Com~i~~~~? they are meeting tomorrow night to appoint their citizen's committee. One person from Dublin applied for this committee. . .. Library Task Force (940-20) Mr. Ambrose advised that there will be a Library Task Force meeting on Thursday night at 7:00 p.m. .. Holiday Greetin9:s to TV Audience (610-05) The Council wished residents of Dublin in the television audience a Merry Christmas, the happiest of holidays and a healthy new year. .. . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING December 1 6~ 1997 PAGE 488 New:spaper Recycling (810-60) Mayor Houston stated somebody asked him about recycling of newspapers. Is there any way to have some container for newspapers? Mr. Rankin stated typically if they are in a plastic bag this is a problem, but if they're in a paper sack they'll pick them up. Pr, ,-";/-" v- ADJOURNMENT 11.1 There being no further business to come before the Council, the last meeting of the Dublin City Council in calendar year 1997 was adjourned at 9:00 p.m. ~ Mayor A TIEST: City Clerk . ~~- -~ CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING Decemberl6, J997 PAGE 489 , . . . .. . . .