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HomeMy WebLinkAboutItem 4.01 Draft 1-4-05 CC Min B.EGULAR MEETING - JANUARY' 4. 2005 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel 1. CONFERENCE WITH LEGAL COUNSEL - ANTlCIPA TED LITIGA TION Government Code Section 54956.9, subdivision c (four potential cases) A regular meeting of the Dublin City Council was held on Tuesday, January 4,2005, in the Council Chambers of the Du blin Civic Center. The meeting was called to order at 7:12 p.m., by Mayor Lockhart. · ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart. ABSENT: None. · PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. · REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that there was no action taken. · ACCEPTANCE OF GRANT FROM ALTAMONT CRUISERS CAR CLUB OF LIVERMORE 7:13 p.m. 3.1 (150-70) Police Chief Gary Thuman advised that the Altamont Cruisers has donated $1,000 to Dublin Police Services for purchase of two digital cameras with printer to be used by students that attend the annual Police Youth Academy. CITY COUNCIL MINlJTt<:S VOLUME 24 REGULAR MEETING January 4, 2005 PAGt<: I 4.1 ~ The Council thanked the Altamont Cruisers Car Club for their continued support of Dublin Police Services. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the City Council accepted the grant from the Altamont Cruisers Car Club; approved the Budget Change in the amount of $1,000; and directed Staff to prepare formal acknowledgement to the donor. . PROCLAMATION DECLARING JANUARY 2005 AS VOLUNTEER BLOOD DONOR MONTH 7:15 p.m. 3.2 (610-50) Mayor Lockhart read a proclamation declaring January 2005 as "Volunteer Blood Donor Month," and urged all citizens to pay tribute to those among use who donate for others in need. Carmel O'Connor Jones, Blood Services Community Relations Director for the Northern California Region of the American Red Cross, accepted the proclamation and thanked the Council for helping create public awareness regarding the enormous need for healthy blood donations. She also encouraged the public to donate toward disaster relief to victims of the Southeast Asia tsunami. . CONSENT CALENDAR 7:19 p.m. Items 4.1 through 4.5 On motion of Vm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) the minutes of the Regular Meeting of December 21,2004; Adopted (4.2 390-20) RESOLUTION NO. 01 - 05 MAKING FINDINGS REGARDING UNEXPECTED DOWNTOWN TRAFFIC MITIGATION CONTRIBUTIONS FOR FISCAL YEAR 2003-2004 CITY COUNCIL MINUfES VOLUME 24 REGULAR MEETING January 4, 2005 rAGE 2 Accepted (4.3 330-50) Financial Reports for the Month of November 2004; Accepted (4.4 600-35) improvements under Contract No. 04-09, Central Parkway/Persimmon Drive Safety Improvements; and authorized release of retention after 35 days if there are no subcontractor claims; Approved (4.5 300-40) the Warrant Register in the amount of $1,447,274.08. . PUBLIC HEARING - AVALON BAY COMMUNITIES DEVELOPMENT REZONING, SITE DEVELOPMENT REVIEW (SDR) AND DEVELOPMENT AGREEMENT (DA) PA 03-058 7:20 p.m. 6.1 (410-30/600-60) Mayor Lockhart opened the public hearing. Mamie Nuccio, Assistant Planner, presented the Staff Report and advised that Avalon Bay Communities is proposing to construct a multi-family residential apartment community of 305 units and approximately 12,750 square feet of ground floor retail on approximately 3.57 net acres of land within the Dublin Transit Center project. The Dublin Transit Center is located generally between the Iron Horse Trail to the west, Dublin Boulevard to the north, Arnold Road to the east and the Dublin/Pleasanton BART Station to the south. Mayor Lockhart asked if the proposed Village Green would be public or private. Ms. Nuccio advised that the one-acre park-like setting would be private. Mayor Lockhart asked why it would not be fenced. Ms. Nuccio advised that the Stage 1 Development Agreement did not identify a fenced area and the open area would connect the Village Green to the adjacent residential communities. Although it might attract users from future office or retail uses, the intent was to provide recreational amenity for the residential communities. Mayor Lockhart expressed concern about the public, including those coming from the BART station, using a private park, and stated that it should be fenced. If it was unfenced and open to the public, how would the residents react? It should be clear as to whom the CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PAGE3 park was intended. She expressed concern about children playing in an unfenced area in such close proximity to the BART station. City Manager Richard Ambrose advised that, as part of the Transit Center approval, the public parkarea identified was across Dublin Boulevard. The Village Green was proposed as part of the County's master plan. Avalon Bay would own it, but an HOA would maintain it. It was set up as a common amenity between Sites B-1 & B-2. The Council discussed the possibility of the public, especially those with young children, using the private park, and agreed that it could cause a problem between residents and non-residential users. Cm. Hildenbrand expressed the need to maintain the flow of non-resident's using the park and questioned how the police would monitor the private park. The area could become a hangout for people walking to and from the jail, as well as people coming from the BART station. City Manager Ambrose advised that the Applicant could be asked to modify the design through the Site Development Review process so as to not to attract children. The Police would have adequate access to patrol the area. Mayor Lockhart stated that the park should not create mixed messages; everyone should be aware of the intended use of the open space and it should be set up to attract the intended users. The Council and Staff discussed the Village Green concept and the need for everyone to be clear on the intended use of the park, which could be defined by what was put in it. Planning Consultant Mike Porto explained the background of the project and advised that the Village Green area sits over a storm drain so it was not possible to develop buildings over it. The Village Green area was originally intended to be a public gathering space for residents and campus office employees. Avalon Bay was required to build and maintain the Village Green, but it was meant as an amenity for all the people using the Transit Center. Public uses for the Village Green could include a farmers' market or art shows, etc. City Manager Ambrose asked if Staff had looked into the possibility of moving tot lots into the complex courtyards. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PAGE 4 Ms. Nuccio advised that rough measurements had been taken to see if both tot lots could be relocated onto the Avalon Bay Site. It may be too small to accommodate "fall zone" safety regulations; however, Staff could study its feasibility. City Manager Ambrose advised that tonight would be the time for Council to articulate concerns about the site design, and that it would be helpful for the Council to provide Staff with an idea as to what would be acceptable. Mayor Lockhart stated that more time should be spent on the Village Green. It does not meet the needs of families or the community and hasn't been clearly defined. More examples of other Village Greens would be helpful since this is Dublin's first attempt. She was not comfortable with putting two tot lots and a water feature in front of the BART Station. It does not make sense and does not fit the Council's vision of the community. The right atmosphere needs to be created for that area. More time should be spent to understand what could be accomplished there and bring the whole Village Green issue back before the CounciL A public gathering space next to public transit made sense to her. City Manager Ambrose suggested that the Council, during deliberation, give direction to Staff for alternative studies for design. Vm. Zika expressed concern about protecting the planned two-hour parking on Iron Horse Parkway from BART riders, and asked if Avalon Bay would pay for extra Police patroL The plan would set up a war zone between retailers and BART parkers. Police Chief Gary Thuman advised that "no parking" between 7 a.m. ~ 9 a.m. would be feasible if there were no retail uses that would be open that early, such as a coffee shop. There would have to be sufficient deterrent, such as higher fines or towing, for motorists to modify their behavior. "No parking" would be Police Staff intensive. The Council and Staff discussed various parking options, including "no parking" zones or metering. City Manager Ambrose advised that this was a unique project and the City does need to provide some services. There would be some additional costs depending on how the Council wanted to approach it. The Council and Staff engaged in a question and answer session regarding parking options, as well as discussed various options to accommodate future uses. CITY COlJNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PAGE 5 Pat Cashman, Alameda County Surplus Property Authority, advised that the Village Green would be privately built and maintained, but be a passive space open to the public. It is approximately 800 feet from the BART Station, and people walking to it would be primarily residents. The concerns about the tot lot might be valid. Hopefully, the Village Green can continue to go forward and not hold up the approval process. The programming of the Village Green can be determined later. Retail was defined in the plan approval as auxiliary retail, which required no parking. The Developer recognized, however, that there would be some pragmatic level of parking. The real support for the retail will be the residents, office users and BART users. This will be a dense neighborhood where you might have to drive around looking for parking. Hopefully, that will be part of its charm. Nathan Hong, Senior Development Director with Avalon Bay, reviewed the background of the project and advised that they would be willing to reconsider placing tot lots in the Village Green. With respect to retail, future uses are hard to predict; however, it would generally be neighborhood-serving retail, such as drycleaner, daycare service or coffee shop. There would probably be 2 or 3 smaller separate users, as opposed to one larger user. Mayor Lockhart reiterated the need to define the users of the Village Green. Vm. Zika asked how the 2-hour parking limit would be enforced. Mr. Hong advised that a Master Association between the four sites (B-1, B-2, C-1 and C- 2) would be set up to maintain roads, the Village Green, and parking enforcement, etc. The specifics have not been defined yet, but the cars would be red-tagged. They committed to the 2-hour regulation as part of this approval and would work to that. Mayor Lockhart asked about private security. Mr. Hong advised that they generally do not have private security services, and did not foresee that for the master association. Garages and buildings would have technological security devices. Vm. Zika noted that the HOA cannot issue parking tickets, and BART riders would just scrape off any red tags. Although he liked the project, he could not support it until the parking issues were resolved. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PAGE 6 Mr. Hong concurred with Police Chief Thuman regarding having a sufficient deterrent, such as higher fines or towing, and stated they would work closely with the Police Department to effectuate the proper procedures. Mayor Lockhart stated that every parking issue could not be resolved. The people will have to follow the rules; if they do not, they will get tickets. Cm. Oravetz noted that the future BART parking garage, as well as the future West Dublin BART Station might alleviate some of the problems in time. City Manager Ambrose asked the Applicant about the feasibility of relocating the tot lot within the complex. Mr. Hong advised that they would take a look, but did not foresee enough demographics to build internally. It would be more beneficial to open it to the public for maximum use. 7..oyd Luce, Dublin resident and new BART Board Representative, expressed concern about the current parking situation at BART and stated that the Council must address parking now. If enough parking was not provided, it would continue to create hostile BART riders. He offered his services to remedy the situation. Mayor Lockhart stated the City of Dublin could not take care of BART's parking problems. Mayor Lockhart closed the public hearing. Cm. McCormick referred to the Green Building Guidelines and asked for clarification to the statement "to the extent practical, the Applicant shall incorporate g1'een building measures." Ms. Nuccio advised that Dublin did not have an adopted Green Building Ordinance, so currently the Building Official works with the Developer to incorporate cost effective measures to incorporate green building into their projects. Building Official Gregory Shreeve advised that the City utilizes the Alameda County's Waste Management Multi-Family Affordable Housing Program for Green Building. "Extent practical" means accomplishing items that are practical or structurally feasible in their project. CITY COUNCIL MINUTESrVOLUME 24 REGULAR MEETING January 4, 2005 PAGE 7 Cm. Oravetz made a motion that the Council waive the reading and introduce an Ordinance approving Stage 2 Planned Development Zoning with the Development Plan attached as Exhibit A; adopt the Resolution for Site Development Review with Project Plan attached as Exhibit A; waive the reading and introduce Ordinance adopting the Development Agreement; and direct Staff to work with the Developer to provide the Council with alternative layouts for the Village Green Open Space. Cm. Hildenbrand seconded the motion. City Manager Ambrose recommended that the Council not provide a Site Development Review approval for the Village Green portion of the project. The City Attorney had advised that the Council could pull it out at this time, and the Site Development Review for the Village Green could be brought back to the Council later. The balance of the Site Development Review could be approved, if the Council so chose. Mayor Lockhart clarified that this would allow the Applicant to move forward with everything else. City Manager Ambrose agreed. Cm. Oravetz rescinded his initial motion. Cm. Hildenbrand rescinded her second of the initial motion. Assistant City Attorney John Bakker recommended that the motion approve the Site Development Review, excepting the Village Green. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika opposed), the Council waived the first reading and INTRODUCED an Ordinance approving a Stage 2 Planned Development Zoning; adopted RESOLUTION NO. 02 - 05 APPROVING SITE DEVEWPMENT REVIEW FOR PA 03-058 DUBLIN TRANSIT CENTER (EXCLUDING THE VILLAGE GREEN) SITE B-2 (AVALON BAY COMMUNITIES) LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND IRON HORSE PARKWAY (APN 986-0001-011-00) And waived the first reading and INTRODUCED an Ordinance adopting a Development Agreement. . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PAGE 8 PUBLIC HEARING DUBLIN TRANSIT CENTER SITE B-1, D.R. HORTON, INC., STAGE 2 PLANNED DEVELOPMENT REZONING AND SITE DEVEWPMENT REVIEW. PA 03-058 8:31 p.m. 6.2 (410-30/450-30) Mayor Lockhart opened the public hearing. Mike Porto, Planning Consultant, presented the Staff Report and advised that D.R. Horton, Inc., is proposing to construct a multi-family residential condominium community of 257 units on approximately 3.13+ net acres of land within the Dublin Transit Center project on a portion of Site B (referred to as Site B-l). The Dublin Transit Center is located generally between the Iron Horse Trail to the west, Dublin Boulevard to the north, Arnold Road to the east and the Dublin/PIeasanton BART Station to the south. The Horton portion of the Transit Center project is within the overall confines of the purchase that Avalon made of the entire site. Mayor Lockhart asked if the glass element would be blue tinted as shown in pictures. Mr. Porto advised that the tint would have a blue-green cast, and indicated that the Architect would speak on that later. Vm. Zika noted that the area had a water table problem and asked how that would affect the subterranean parking. Mr. Porto advised that the Applicant was working with the Building Official on this issue. There is a height limit situation relative to the type of building they are trying to construct, and it will be worked out during the building plan check process. Vm. Zika commended the Applicant for providing more than adequate parking. Dean Mills, representing D.R. Horton, advised that they were aware of the water table issue, and have already brought on a waterproofing consultant to determine how to deal with the situation during construction and on a long-term basis. They are very conscious of the issue because these are for-sale units. Vm. Zika expressed concern about the Applicant returning to the Council at a later date asking for an exemption because they did not deal with the issue. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PAGE 9 Mr. Mills advised that they have met with the Building Official and are aware that an exemption is not an option. Glen Tamida, Project Architect, advised that they had elected to go with cool colors to distinguish themselves from the Avalon project, so there would be tinted glass. The windows would be 8-feet high and part of the inside furnishings would be shades. The Council and the Architect discussed the proposed elevations. Mr. Porto explained that, when looking at high density urban environments and looking at scale and mass, there needed to be a way to blend different architecture types so there was no shock value as the buildings changed from one land use to another. The proposed elevations helped the transition from residential to campus office. Ma~ Beth Acuff, Dublin resident, expressed concern about only stairway access for seniors. Mayor Lockhart advised that the plan included elevators. Mayor Lockhart closed the public hearing. On motion of Oravetz, seconded by Cm. McCormick and by unanimous vote, the Council waived the first reading and INTRODUCED an Ordinance approving a Stage 2 Planned Development Zoning; and adopted RESOLUTION NO. 03 - 05 APPROVING SITE DEVELOPMENT REVIEW FOR PA 03-58 DUBLIN TRANSIT CENTER SITE B-1 (D.R. HORTON, INC.) WCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND DEMARCUS BOULEVARD (APN 986-0001-011-00) . DUBLIN TRANSIT CENTER ART PROJECT . 8:50 p.m. 7.1 (600-60) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that, as part of the Dublin Transit Center Development Agreement, the Alameda County Surplus Property Authority is required to contribute $250,000 for Public Art. The City considered three artist submittals for the first phase of the project (Village Green CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PA(;E 10 Center). The Art Selection Committee recommends artist Bryan Tedrick and the Heritage and Cultural Arts Commission recommends artist Yoshio Taylor be commissioned for the project. Ms. Lowart advised that Staff was requesting that the Council consider the recommendations of the Selection Committee and Heritage & Cultural Arts Commission, and select the artist to create artwork for the Village Green or provide Staff with alternate direction Pat Cashman, Alameda County Surplus Property Authority and speaking on behalf of the Selection Committee, advised that the Selection Committee wanted to go on record as being unanimous and enthusiastic about the dragon sculpture. It was unique and will become a focus point. The Selection Committee felt strongly about its choice, and he was surprised that the recommendation of the Heritage & Cultural Arts Commission was presented to the City CounciL Mary Beth Acuff, Heritage & Cultural Arts Commissioner and Selection Committee member, explained the seeming conflict between H&CA Commission and the Selection Committee by stating the H&CA Commission did not interview the artists. The H&CA Commission was given to understand, as reflected in their meeting minutes, that its position was just to look at the maquettes and give an idea to the Selection Committee what it liked. She did not have a concept that the H&CA Commission recommendation would come to the City Council as a conflict position with the Selection Committee. Also, when the H&CA Commission considered the artwork, she did not have as well-developed ideas as to what the Village Green would be like, as the Selection Committee had. Mayor Lockhart stated she was not concerned about maintenance of the fountain, if the Developer was willing to accept it. The real issue was trying to force art into the Village Green before its future users had been defined. The City has learned in the past to get resident participation in art selection. She suggested that, if there was no reason to make a decision tonight, the issue should wait to get resident input. Ms. Lowart explained the artist selection process, and advised that it was sometimes more cost effective to have the art installed while the infrastructure was being built. A fountain would require quite a bit of infrastructure and timing was an issue. Mr. Porto advised that construction staging was a problem in terms of location, and the Developer would like to use the Village Green area to stage to construction of the residential units, and put in the Village Green toward the end of the construction project. CITY COlJNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PAGE 11 There is a condition that the Village Green has to be operational prior to a certain number of units being occupied in the building. Mayor Lockhart suggested deferring the selection for resident input since they would be the ones to take ownership and pay for the maintenance of it. The Council discussed the suggested artwork and its maintenance, as well as the possibility of deferring the selection for resident input and agreed that, although the Committee selection was to be respected, the future residents should be allowed to provide input into the artwork selection. Because the Village Green design has yet to be defined, and in light of the area being needed as a construction staging area, it might be appropriate to defer art selection at this time and involve resident input. City Manager Ambrose asked, with respect to the Site Development Review of the Village Green, if the Council would like to see some alternative designs prior to residential occupancy, or should that be deferred as well for resident input. Mayor Lockhart stated that the design and programming of the Village Green was the Council's responsibility, including identifying art placement; however, the al1work should be selected by the residents. Ms. Lowart advised that designs for neighborhood parks usually include public input through public meetings at the Parks & Community Services Commission and City Council meetings. Neighborhood involvement is encouraged. Pat Cashman advised that it would be fine to defer the artwork selection until occupancy, but that may be 3 years in the future. However, there were two issues with the current Development Agreement. First, the Development Agreement required them to do the art in conjunction with the building. Also, it is anticipated that the other half of the money will be spent in conjunction with the BART garage and BART plaza. Does the Council want them to wait for the whole neighborhood to be in place before they do that? Mayor Lockhart advised no, that would be at the BART station, not in the neighborhood. Mr. Cashman stated the Village Green needed to be landscaped and programmed by the time the buildings open. Mayor Lockhart agreed, stating that the Council would work through that issue, and the residents can deal with the art issue. CITY COUNCIL MINUTES VOLUME 24 REGUl,AR MEETING January 4, 2005 PAGE 12 City Manager Ambrose clarified the terms of the County's Development Agreement as it related to public art, advising that the Development Agreement says that the County will give the City cash to purchase public art. Tonight's discussion is different because the Village Green is private property and there would need to be some sort of arrangement or modification to that agreement to accommodate the public art on this privately owned location. Mr. Cashman advised that he and the City Manager could work out how to modify the agreement, if necessary. The Council agreed. The Council, Staff and the Developer discussed the timing of the project. As the condition was written, the requirement was to have the Village Green constructed and completed prior to first occupancy. Ms. Lowart suggested that Staff regroup, meet with the Developers, look at the public art opportunities that have been identified in the initial plan, and look at how both the Village Green art and the BART art could be phased in. She believed that the public art opportunities for the BART Station were on BART property, so it may be that BART may need to be brought into this discussion earlier, so that Staff could explain to the Council how it would recommend phasing in these pieces of art. Staff would also work with the County to address any Development Agreement issues. Mayor Lockhart stated that it was good suggestion. City Manager Ambrose clarified that Avalon Bay was responsible for building the Village Green, but the condition applied to the entire Site B. So whoever builds first would have to get the Village Green up and running. Mr. Porto confirmed that the Developers would be able to stage construction on the Village Green for quite awhile. As they got closer to occupancy, they would have to move the construction trailers elsewhere. The Council and Staff further discussed the timing of the project, as well as the infrastructure needed for the selected art. If the art was not selected now, art infrastructure may need to be installed after the Village Green was completed. Nathan Hong, Senior Development Director with Avalon Bay advised that the programming of the Village Green design would need to come first. Wherever the art CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PAGE 13 piece goes or whatever infrastructure was needed to support it would be minor and could come later. When they come back with the design of the Village Green, that would be one component to complete. They would work with the Art Selection Committee to allot a space for the art that would be flexible enough to support whatever design was selected. Cm. McCormick asked if the three original art pieces would be submitted for consideration if the art selection was deferred for resident input. Ms. Lowart stated it would depend on the artist. Bryan Tedrick, Artist, stated that in 3 years time, his piece might not be available for the same price. Although he wanted the residents to be happy, you cannot please everyone. His piece has no real maintenance issue. Regarding the location, the landscape architect had advised that the County had approved the meridian strip as a location in the center of the Village Green, and seemed reluctant to go beyond the original site specifications. The Council discussed the issue and agreed that, although art work prices might go up, it was important to solicit resident input in the selection process. City Manager Ambrose asked if the Council wanted to wait until the entire build out of the project to get resident input or at another point. The Council discussed the issue and agreed that the issue should be brought back at 25% of occupancy of the first two projects, Site B-1 & B-2. City Manager Ambrose advised that Staff would work with the Developer to provide alternative opportunity zones for art. Mr. Porto discussed phasing and advised that it would be approximately two years before occupancy starts. Cm. McCormick asked if the timing would change anything with the artists. Ms. Lowart advised that Staff would discuss the issue with the artists. . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PAGE 14 OTHER BUSINESS 9:40 p.m. City Manager Ambrose advised that a joint Dublin School Board/City Council meeting had been tentatively scheduled for March 8, 2005, at 5:30 p.m. The date and time would be confirmed in the near future. Mayor Lockhart advised that there had been some requests for the City to make a donation to South Asia Tsunami relief fund, as the City did for 9/11, and asked that the item be placed on the January 18th Council agenda. She requested that Staff look to see if we could offer a way for residents to work with us on collecting money in order to make one donation from the community. Many residents are looking for a donation outlet. Vm. Zika suggested matching dollar for dollar. Mayor Lockhart agreed, and suggested that the donation be delivered through the American Red Cross, as we did for 9/11. . ADJOURNMENT . 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:45 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor ATTEST: City Clerk ~ CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING January 4, 2005 PAGE 15