Loading...
HomeMy WebLinkAboutItem 4.01 Draft Minutes 08-18-1998 (2) '. REGULAR MEETING.. August 18,1998 A regular meeting of the Dublin City Council was held on Tuesday, August 18, 1998, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 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. ... . First Annual California Cowboy GatherinS!: & Ranch Rodeo (950-40) Marie Cronin, Dublin Canyon Road stated she was present to make the Council aware of the Cowboy Gathering in October. She wrote a memo to Diane Lowart and stated Dublin has been chosen as the host city for the first annual Cowboy Gathering and Rodeo. Friday evening, October 9, there will be a concert in Pleasanton. Saturday and Sunday activities will be at the Rowell Ranch Rodeo grounds, just south of our new City boundary. The highlight of the weekend will be the ranch rodeo. Real working cowboys from 5 states will compete for prizes and money and a chance to go to the world championships in Amarillo, Texas. On October 8 there will be a reception and they hope they can involve the City as much as possible and hope to hold the reception at the Civic Center. They are requesting use of the courtyard, the lobby and the meeting room from 7 to 9 p.m., on October 8 and hopefully, the fee can be waived. They have written an official memo to Diane Lowart. She passed out packets of information to the Council. No copy was provided to the City Clerk for inclusion in the record. Mayor Houston asked about the local beneficiary. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING August 18, 1998 PAGE 372 ITEM NO. ~ gj . 1\.1s. Cronin stated it will be the Dublin Library and there will be a shelf showing the early California culture on display at the Library. This will be of benefit to . our community. .. CONSENT CALENDAR 7:09 p.m. Items 4.1 through 4.8 On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of August 4, 1998; Authorized (4.2 640-80) the Mayor to execute a letter to Presiding Judge Sarkisian with a copy to Neil B. Goodhue, Foreman responding and commenting on 1997-98 County of Alameda Grand Jury Recommendations 98-35 & 98-36; Adopted (4.3 110-30) RESOLUTION NO. 129 ~ 98 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE YOUTH ADVISORY COMMITTEE . Adopted (4.4 110-30) RESOLUTION NO. 130 M 98 ADOPTING AMENDED BYLAWS At\!D RULES OF PROCEDURE FOR THE PARKS & COMMUNITY SERVICES COMMISSION AND RESCINDING RESOLUTION NO. 93~94 Authorized (4.5 600-30) Staff to advertise Contract 98-12, San Ramon Road Slope Repair, for bids; Adopted (4.6 600-30) RESOLUTlON NO. 131 M 98 AWARDING CONTRACT 98M07 MAPE MEMORIAL PARK PEDESTRIAN BRIDGE TO BELAND CONSTRUCTION CO. ($35,720) CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING August 18, 1998 PAGE 373 . . . . Approved (4.8 300-40) the Warrant Register in the amount of $1,702,975.48. C1ll. Burton requested that Ite1ll 4.7 related to the Dublin Pasta & Jazz Festival be puIIed frOlll the Consent Calendar for discussion. He stated he felt this desel1Tes lllore publicity than it gets on the Consent Calenda1: EconOlnic Develop1llent Director Reuel gave an update and stated we are 011 track He passed out T-shirts to the City CounciL We have an opportunity to 1nove in a direction where we wil1 have a festival equal to and as dynaJnic as the St. . PatJicks Day FestivaL He went through a few of the events that W1l1 be happening. The event will utilize all of Amador Plaza Road and the prOllloter wil1 have a chJ1drens area? and a car show with Mustangs 011 Saturday and Corvettes 011 Sunday. The entire road will be filled with artisans and vendors. A nU1nber of restaurants will COllle in and sel1 specialty 1neals. There will be 200 vendors aJld 20 restaurants participating. Staff has worked with GoodTilnes PrOlllotions and as of todaY7 al1 the pennits have been issued. There is the potential to bling in 40,000 to 45;000 people. There wiIl be live entertai111nent the whole ti1ne. Cin. Burton asked about parking. Aft Reuel stated there wiII be a lot of extra parking avaJ1able up in the TaJ;ge~ A10ntgOlllelY Wards? and Toys R Us areas. We think this will work extrelnely welL With regard to advertisin~ GoodTilnes feels that 2 to 3 weeks prior to the event is the best tiille to get the word out We have great expectations that this W1l1 be spectacular. Dan Mays" Marketing Director with GoodTilnes PrOlnotions stated his parents 1noved to Dublin in 1962. He is proud to be a part of this event He lllentioned the great location and the positive feedback he got from inany of the restaurants. A specific area will be identified as a pasta pavilion where 20 restaurants will serve pasta. The Inajor advertising will start the week of August 31st. Mr. Reuel stated the OW11ers of the fonner Red Lobster who also owns Olive Garden have indicated they wiIl be there participating. C1n. Lockhart asked what other types of food will be there. Mr. Mays stated there will be hot dogs" snow cones" and cotton candy for the chJ1dren and a cOlnpany W1l1 COlne in and do sausages. They will be located along Alnador Plaza Road The pasta pavilion wiIl serve pasta dishes only. CITY COUNCIL MINUTES VOLUME 17 REGU LAR MEETING August 18, 1998 PAGE 374 On. Lockhart asked about promotional balloons. . A1r. Mays stated Mike Nohr is trying to get a large balloon to promote the pasta festival at each end em. Lockhart asked which restaurants Will be participating and if they have signed jazz groups. A1r. Mays stated right now he doesn't like to say yes a particular restaurant Will be there untJ1 lzegets their $200 deposii: They've been in touch with 65 restaurants so far. There Will be some that have participated in the past and some new ones. l1zey have Maria A1uldair confirmed and are also working to get the Drifters and the Coasters. Septelnber 12 and 13 is the date of the Dublin Pasta &Jazz Festival On. Burton stated he presumed there will be a separate area for wine and beer. A1r. Reuel stated Police has reviewed the request and they will allow certain areas and booths to sell alcoholic beverages. They are not confined to an area but will be able to carzy beverages throughout the entire festival On. Barnes asked about volunteers. The Dublin Women-s Club is quite active. She will . be working booths both Saturday and Sunday. Aft Mays stated they got a call from Cal State Hayward and they will be confinning application fonns next week for participants. People wishilzg to volunteer may contact them. Their phone number is 803-4050 and people should ask for either Shelby Martin or Dan Mays. On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council received (4.7 950-40) the report on the Dublin Pasta & Jazz Festival Update. .... PUBLIC HEARING - PA 98-007 GENERAL MOTORS AUTO MALL - PLANNED DEVELOPMENT REZONE 7:24 p.m. 6.1 (450-30) Mayor Houston stated the City had received a letter on Monday requesting that this issue be continued for 30 days. CITY COUNCIL MINUTES VOLUME 17 REGULAR !~EETING August 18, 1998 PAGE 375 . . . . This would have been the second reading of an ordinance which was introduced at the August 4, 1998 City Council meeting. The Planned Development involves a 15 acre Auto Mall on 3 parcels on the south side of Dublin Boulevard, east of Tassajara Creek and the approved AutoNation project. In the letter Timothy R. Miller, Western Regional Manager of GM Worldwide Real Estate stat~d Argonaut Holdings, Inc., has encountered difficulties related to the proposed relocation of the General Motors franchises to the subject site Mayor Houston announced that the item is continued to the meeting of September 15, 1998. .... PUBLIC HEARING EMERALD POINTE DEVELOPMENT AGREEMENT AND "INTERIM" AGREEMENT PA 98 - 025 - ?4 I :... p.m. 6.2 (600-60) Mayor Houston opened the public hearing. Senior Planner Jeri Ram presented the Staff Report and advised that this public hearing is for the Council to consider a proposed ordinance approving a Development Agreement between the City of Dublin and the Alameda County Surplus Property Authority. The DA is required by the Eastern Dublin Specific Plan. Items included in the DA include, but are not limited to, the financing and timing of infrastructure and the payment of traffic, noise and public facilities impact fees. Additionally, the City Council will consider adoption of an Interim . Agreement which would be in effect until the effective date of the DA. The Interim Agreement would include similar items addressed in the DA. Ms. Ram advised that the City Council approved an amendment to the EDSP for the entire Santa Rita area in October, 1996. As part of that action, this site was given a new SP and GP Land Use Designation of Industrial/Campus Office (I/CO) SP designation was created on the property. In March, 1998, on the Planning Commission's recommendation, the City Council approved a PD Rezone for the site. Ms. Ram stated approval of a DA is a process that involves at least an 8 to 10 week hearing process and then a 30 day wait before the Ordinance becomes effective. Opus West has requested that they be allowed to proceed with CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING Aug!l~ 18, 1998 PAGE 376 construction of their site (foundation permit) prior to the effective date of the DA. . Thus, the Interim Agreement is being presented for consideration by the Council. The intent of this additional agreement is to allow the project to proceed and to provide adequate protections for the City's interests. Once the DA is effective (on approximately October 1st), the interim agreement would no longer be necessary. em. Burton commented that on paragraph 1 of the second page, the last sentence bothers him in that they can have a certificate of occupancy when they haven't completed the project. What is our protection? We've had subdivision where they walked away half done. We still don't have the landscaping or the drainage, etc. He questioned why we are putting this in. 1\.15. Ram stated there are certain items required that are very long range off-site improvements such as off ramps that we are tying into almost all of the projects in Eastern Dublin. It depends upon how long it takes for development to occur. \Ve will require them to post bonds for things that are to be accomplished after occupancy. These same requirements have been required in all of the Development Agreements. Some of these continue beyond the term of 5 years of the DA. Cm. Lockhart commented that on Exhibit B Page 29 A. Condition 46 of Resolution No. 2-98 shall be revised to read as follows: (:4 J2~~ left-turn pocket shall be . installed on northbound Hacienda Drive to allow left turns into the easterly driveways of the Project The leff-turn pocket shall be installed no later th/111 Certification of Occupancy for the first building. MinilnUln turn length shall be 250~ with a 90~ taper. The Inedian break shall be constructed to accommodate a future left-turn pocket of identical dilnensions in the westbound dinxtion at the Project entrance. ~~ Then, the next paragraph states, .Wotwithstanding the foregoing, the City engineer Inay eliminate the leff turn lane and prohibit the leff turn Inovelnent into the easterly driveway of the project if the City Engineer detennines that the leff hand turn Inovelnent is unsafe due to turning Inovelnents~ traffic congestion or other reasons. ~, Cm. Lockhart stated this seems to be conflicting information, and she did not understand what we're saying. lv1.s. Ram stated this was something where we did a special traffic study to see if a left turn would work. We wanted the ability and notification to go to developer that it could possibly be eliminated in the future. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING August 18, 1998 PAGE 377 . . . . Mr. Thompson stated we are giving them the ability to put the left turn in and TJKM says it does look like it will work there. If, for some reason traffic changes in the future, we have the ability to close it. l\1s. Silver stated legally we have the ability to close it, but we've included this language to basically put the developers on notice. It would be at our cost. Cm. Lockhart stated page 32, sections H and I talk about a traffic signal on Hacienda and Gleason Drive. ..... To the extent practical, the l10tice shaIl be tilned so that the work shaIl be cOlnpleted iln111ediately pJioT to the point where Level of Service E occurs on Hacienda Drive. ~~ Isn't that going to be pretty bad before we do something about it? Mr. Thompson stated we have set the level that it can't get worse than D. If it gets to that level we would write them a letter. Cm. Lockhart felt this seems like we are letting it get really bad before we do anything. l\1ayor Houston asked if we should consider making it Level C. Mr. Thompson stated in our SP we strive to not let things get worse than level D. It is right at the cusp on when people feel traffic is really getting congested. It would take 6 or 7 months to get it designed and installed. Hopefully, we can anticipate it. The City Council has set the criteria at Level D. Mayor Houston asked if there is an example where we know it got to a certain point, Level D and what the lag time was before improvements. Mr. Thompson stated Dougherty Road and Dublin Boulevard got there" real fast. This was something we really couldn't anticipate. We are now doing design to try and alleviate this. We have upgraded the Dublin Boulevard/San Ramon Road intersection several times. The level of service has gone up and down. Cm. Barnes asked if the Development Agreement is the one we use for everybody? Ms. Silver stated they are doing 2 things. The standard DA is presented, but the issue for the developer is to get a permit for foundations before the ordinance is effective. The purpose of the second agreement is to allow Staff to issue the foundation permit and it makes it clear that the developer proceeds at his own risk. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING August 18, 1998 PAGE 378 Cm. Barnes wanted this clarified; this is a standard DA. . George Zika, 8046 Peppertree Road stated Opus has been around for 4 years and he questioned why all of a sudden a 30 day delay is so critical? He asked if they are subject to the impact fees subject to the interim agreement or the normal time line. Mayor Houston stated they will be su bject to the same fees as everybody else. Assistant City Manager Rankin pointed out there is a change in the fees in the next 60 days. Ms. Ram stated they would be charged at the time they pull their permits for building improvements. The fees are not frozen by either agreement. It depends on when they pull their permits. Opus has been processing this since sometime in the Spring. Mr. Zika stated he felt he was getting two different answers. Ms. Silver stated the City Council adopted a Resolution adopting a Tri - Valley Transportation Development fee which is effective September 12. On this date, Section g, Tri-Valley Transportation Development Fee will be replaced with what . is a greater amount. Subsection g states, .VEVELOPER shaIl pay the Tri- Valley Transportation Developlnent Fee in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or any subsequent resolution which revises such fee if such fee is effective at the time of issuance of any building pennits for the ~*ct>> ' Ms. Silver stated after September 12, any developers pulling permits will be paying higher fees. Mayor Houston stated the extra fee will have no impact on the City of Dublin whatsoever. Cm. Barnes clarified that approving this tonight does not freeze the fee. Mr. Zika stated if they have to go through the normal process, he asked if they would have to pay more fees or less or the same fees? Ms. Ram stated it will be the same fees. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING August 18, 1998 PAGE 379 . . . . Mr. Zika stated on page 13 it states once the interim agreement is signed, the City shall not require payment of any other fees. He stated he is concerned if there is going to be some kind of fee change between now and the normal process time, they won't have to pay the increase. Ms. Silver read from page 13, 8.1, and what the first sentence of the paragraph states. This refers to the fees which have been adopted by the City and which are addressed in the various approvals. They will pay fees in effect on the date they get their permit. . Mr. Zika asked that the agreement be amended to say if they went through the normal time frame that they pay whatever the fees will be at that time. Mr. Rankin stated the section states they pay in accordance with this agreement. Exhibit B of the agreement says traffic impact fees shall be at rates in effect at the time of issuance of permit. It is covered in Exhibit B and they are agreeing to this. Mayor Houston stated he does not see us raising any fees in the next 60 days. Mr. Rankin stated the TVTD fee will be effective September 1 Z. Mr. Zika again requested that we change the agreement and add the verbiage. Robert O'Gorman with Opus West Development Company, stated he was very happy to be here. This is a very exciting project. They feel this office environment they will be building is something everybody will point to as the first of many within the City. Pat Cashman and his group has worked hard to create something like this for the people. He thanked everyone in the City who has worked very hard with them to make this a very nice project. They are asking for this interim project as a 30 days window to help them get into the dirt to beat the rains. This whole Tri - Valley Area is hot and is one where tenants are out there right now. They want to capture them. Other areas have development proposals and they see the window to try and attract people now. They will pay all the applicable fees. They don't anticipate pulling their building permit until October. This 30 days will allow them to do the dirt work and their foundations so they'll be prepared to move forward when the Development Agreement vests. He introduced several design team members. Cm. Barnes asked when they will actually see what shows on the pictures out there. Mr. O'Gorman stated they expect to move the first tenants in by June 1, 1999. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING August 18, 1998 PAGE 380 I\1ayor Houston felt the first urgency is weather. It is important and he would . like to see it go forward. Cm. Burton asked if they will put in all 4 foundations at the same time. Mr. O'Gorman stated there are 3 foundations and they will start with a 4-story building and then they could follow up with the other Z buildings very quickly. The first building is only 200,000 sq. ft. The footprint is 50,000 sq. ft. Hacienda Crossings should be opening by this Christmas. Cm. Lockhart felt they are all working in good faith on this project. The benefit to the community far outweighs any difference in fees. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance and adopted RESOLUTION NO. 132 M 98 APPRO\'ING PA 98M025, H~TERIM AGREEMENT BETWEEN ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY AND OPUS WEST (EMERALD POINTE PROJECT) . and continued the public hearing to September 1, 199.8. .. MANAGEMENT SERVICES FOR ST. PATRICK'S DAY rESTIV AL 7:57 p.m. 7.1 (950-40) Mayor Houston requested that this item be deferred until after the Pasta & Jazz Festival on September 12 & 13, 1998. He felt there is some question on Staff's part with performance of GoodTimes Promotions, and he did not feel there is any urgency on this. Cm. Lockhart stated she would like to hear from both applicants on whether it would be a problem waiting. Ms. Lowart stated both were here and could address the concerns. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING August 18, 1998 PAGE 381 . . . . The Staff Report indicated that as directed by the City CouncJ1 at their meeting on June 1 ~ 199~ Staff circulated a Request for Proposal for managemellt services for the St. Patrick's Day Festival to several fi1711s in Northern California. After a review of the professional qualifications of the two fimlS who responded to the proposa4 Staff is recomlnending that the City enter into an agreement with Teny Pimsleur & Compan)j Inc.) to produce and manage the 1999 Sf. Patrick's Day Festival em. Barnes stated she agreed that it could wait until after the Pasta Festival. On motion of Cm. Burton, seconded by Cm. Howard, and by majority vote, the Council agreed to defer consideration of this item until after the Pasta Festival. Cm. Lockhart voted against the motion. Mr. Rankin clarified that October 6 would be the first agenda after the event, and then Staff would have to come back with an agreement based on direction at that time. Cm. Barnes suggested placing it on the September 15 agenda. Mayor Houston stated this would be right after the event. It would be difficult to do it then, but not impossible. He agreed that it could be done on September 15. Mr. Rankin asked what would be needed from Staff, and clarified that the Staff Report doesn't say one vendor can't perform. The recommendation tonight came forward as a result of presentations made by the two firms, Staff review, and input from outside individuals on the selection committee. He asked if there was additional information the Council was looking for. Mayor Houston stated he felt the success of the September event would impact his decision. . . em. Burton stated while Staff had made a long explanation, he was not that dissatisfied with what occurred last year. He did not know why we wouldn't continue with the same people. Ms. Lowart clarified that Staff wouldn't have an opportunity to provide, as part of an agenda item, an evaluation in time for the September 15 meeting. They would simply bring back the same information and recommendation. The Council clarified that they would do the critique and evaluation of the event. .... CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING August 18, 1998 PAGE 382 OTHER BU SINESS . 8:05 p.m. Tri-Valley Council MeetinS!: (140-80) Mr. Rankin reported that we had received notice today that the next Tri-Valley Council meeting is on August 31 at the Pleasanton Hotel. T!ie official signing of the Tri - Valley Transportation Development Fee JP A will occur. They said an agenda would be forthcoming. .. Sign Ordinance (400-30) Cm. Lockhart reminded everyone that the Council had stated they want to look again at certain parts of our Sign Ordinance, specifically balloons and banners. She realized the agendas coming up were pretty packed, but she did not want this to be overlooked. .... . Property Maintenance Issues (530-20) Cm. Lockhart stated at the former service station site on the northwest corner of Village Parkway, the fencing is all down, but the weeds are up. She asked if there is any weed abatement process happening there? It is starting to look pretty bad agaIn. Mayor Houston asked about the latest information on this site. Community Development Director Peabody stated the applicant is going forward on an automotive use on the site. Staff will look into the weed situation. Cm. Burton commented that on the site behind Grand Auto, there's lots of high weeds there also. This is the Sees Candy site. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING August 18, 1998 PAGE 383 . . . . Mr. Peabody stated a building permit was issued for an adjacent vacant restaurant, and this site is going to be a drive in Italian Restaurant, "That's Amore" . Cm. Barnes commented that up until just recently, the Red Lobster site has been kept up very nicely. In the last two weeks, it looks very bad and maybe somebody shut off their water or something. Cm. Barnes also stated she still has her eyes on the Workbench site. It has been a year and a month since the building burned down. He did take down one fence, but left the posts. She requested that Staff have them remove the posts. The site is still ugly. Mayor Houston agreed and felt it would be easier to just remove everything. .... League of CA Cities Prog-ram (140-20) Cm. Barnes stated last week she went to Sacramento and learned more about the "Know Your City" program and there is a very large program being planned for next year. The League will be putting information on the Internet. This is a program throughout the State of California and she was sure they will be hearing a lot more about it in Long Beach at the annual conference in October. .. Library Services (940-10) Cm. Burton proposed that we look at opening the Library on Sundays. He called Linda Wood and she wrote back a letter. It would cost $53,000 for 4 hours on Sunday. He felt the City has the money and we should use it for services for the community. Mr. Rankin stated this is a report that will come to the City Council on September 1st. .... CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING August 18, 1998 PAGE 384 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:09 p.m. A TrEST: Mayor City Clerk ~ CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING August 18, 1998 PAGE 385 . . .