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HomeMy WebLinkAbout06-01-1999 CC Adopted MinutesREGULAR MEETING – June 1, 1999 A regular meeting of the Dublin City Council was held on Tuesday, June 1, 1999, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Houston. ROLL CALL PRESENT: Councilmembers McCormick, Zika, Vice Mayor Lockhart, and Mayor Houston. ABSENT: Councilmember Howard. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. CLOSED SESSION 7:07 p.m.10.1(600-30) The Council recessed to a closed session Public Employee Performance Evaluation, Title: City Attorney, in accordance with Government Code Section 54957. REPORT ON CLOSED SESSION ACTION At 7:23 p.m., the public session reconvened with all Councilmembers present (Cm. Howard absent). Mayor Houston reported that no action was taken in the closed session. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 308 PROCLAMATION 7:23 p.m.3.1(610-50) Mayor Houston read a proclamation declaring the week of June 6-12, 1999 Affordable Housing Week and called upon all residents of Dublin to learn about and honor the contributions of affordable housing by participating in activities held throughout the week to commemorate this observance. Senior Planner Carol Cirelli accepted the proclamation. PROCLAMATION 7:25 p.m.3.2(610-50) Mayor Houston read a proclamation declaring the weekend of June 26-27, 1999 “Relay for Life Days” and encouraged all citizens to educate themselves about cancer, remember someone in their life who has been touched by this disease and support the event at Dublin High School to raise money and awareness. The proclamation was presented to Vice Mayor Lockhart. Traffic Enforcement in Eastern Dublin (590-30) Susan Mills, 4864 Central Parkway, stated she is concerned about traffic in East Dublin. The intersection of Hibernia and Central Parkway recently opened up and it will run between the two new apartment complexes. There is not a lot of visibility. This is a site for a new school also. She is concerned about future safety and hopes we will consider a 4-way stop. Central will eventually open up to Tassajara. Also, she questioned when bus service will ever come to East Dublin. Mayor Houston asked Mr. Thompson to respond once we have had a chance to look at this. We will send her a letter after we follow up with WHEELS. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 309 Request for Dog Park (920-30) Rose Rose, 10738 Inspiration Circle, stated she lives in Western Dublin. She has spoken with dog owners in Dublin and they have talked about wanting to have a dog park somewhere in the City where dogs can run and play and have a good time. She asked if there is anything planned. Mayor Houston stated her comments would be referred to the Parks & Community Services Commission. He stated he thought they had discussed this in the past. CONSENT CALENDAR 7:33 p.m.Items 4.1 through 4.10 Items 4.5 and 4.8 were pulled from the Consent Calendar for discussion. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Cm. Howard absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of May 18, 1999; Adopted (4.2 600-30) RESOLUTION NO. 96 – 99 APPROVING AGREEMENT WITH CCCM, INC. FOR CONSULTING INSPECTION SERVICES Authorized (4.3 720-10) the City Manager to execute the necessary documents to change Life/AD&D, LTD and STD insurance carriers; Approved (4.4 600-30) an amendment to Commercial Recycling Program, authorizing Waste Management (Livermore Dublin Disposal) to purchase commercial recycling containers, using a City grant ($9,850) from the Alameda County Waste Management Authority; CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 310 Adopted (4.6 1060-90) RESOLUTION NO. 97 – 99 APPROVING THE ALAMO CANAL BICYCLE PATH CAPITAL IMPROVEMENT PROJECT AND DIRECTING STAFF TO APPLY TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDING Accepted (4.7 600-30) improvements constructed under Contract 98-13, Kolb Park Tennis Court Resurfacing, authorized $5,355 payment to Sheldrake & Mumford, Inc., and release of $595 retention after 35 days if there are no subcontractor or supplier claims; Adopted (4.9 360-20) RESOLUTION NO. 98 – 99 APPROVING PRELIMINARY ENGINEER’S REPORT, STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH) and RESOLUTION NO. 99 – 99 RESOLUTION OF INTENTION STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH) Approved (4.10 300-40) the Warrant Register in the amount of $1,739,322.56. Item 4.5 600-30 Acceptance of Improvements, Tract 5766 (Hansen Hill, Phase I) was pulled from the Consent Calendar for discussion. Michelle Giovanola, 11323 Bay Laurel Street, stated she lives on the corner of Bay Laurel Street and Court and she and her toddler were in her back yard when there was a crash last week. The stop signs we have aren’t working. People are blatantly ignoring these. If something isn’t done, there will be blood. Something else needs to happen; the stop signs just aren’t working. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 311 Tina Corno, 11220 Bay Laurel Street, stated her kids are in middle school and high school. When she takes them to school, she sees police, school zone, etc., but in her neighborhood, they don’t have all these things. They have pictures of the serious accident of last week. They have 1,500 kids up at the school now and there is nothing. It needs to be equal for fairness. People want to race up and down those hills. Rose Rose, 10738 Inspiration Circle, stated she has lived on Inspiration Circle since July and she has noticed speeding cars. They tend to be younger individuals who are joy riding. She stated she has called the police on more than one occasion. Todd Kemmerling, 10758 Inspiration Circle, stated he has lived in the community for about 9 months and they have had an ongoing problem with vehicles going at high speed and which are on the verge of non-control. He has called the police at least 3 times. The stop signs are pretty much universally ignored. A number of contractor’s trucks just blow off the stop signs as well as some people from the school. There are some serious design problems with the road. He stated he would like to ask someone to look at this from a design standpoint and look at options other than stop signs. Maybe speed bumps would help. There is a large population of children there. This is a real serious safety issue. Sue Rainey, 11157 Bay Laurel Street, stated they have pleaded to correct this situation for a year and a half. Stop signs are ignored. Double yellow lines are ignored. They feel they have been viewed as over reacting to the problem. She stated she was happy to see the turn out tonight. They have attempted to warn the City of a potentially serious accident and one did occur last Friday night. Another one occurred in January by a student at VCC. The accident last Friday was just incomprehensible. She is surprised that nobody was hurt. They have been saying all along that something is going to happen. They live with this every day and it is unbelievable that it continues. The structure of their streets and non-residents using it as a shortcut to the school. Friday’s accident was a person from Diablo. She is disappointed with the City and the developer for allowing this street to be built and allowing it to continue. The City is more concerned about saving the school commuters a little time than they are about the safety of this neighborhood. The street is not capable of handling this amount of traffic. They feel something should be done to close the street to through traffic. The street goes nowhere but in and out of their development and to use as a shortcut. They have proposed that the street be closed except for local access. They have cars 6 or 7 backed up to make a left CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 312 turn. Their safety should not be compromised for the convenience of the people at Valley Christian Center. We have created the mother of all traffic conditions up there. The City Council is the only ones who can stop this before somebody gets killed up there. Donna Rodrigues, 11338 Bay Laurel, stated the stop sign is right in front of her house. She calls the police often. Her two kids go up to VCC. The stop signs aren't working at all. Dr. Maureen Huddad, 11556 Bay Laurel, stated about 3 p.m. last Friday she was on the phone with Tina talking about stop signs and they were praying they didn’t have to have an accident to prove the problem. At 3:10 p.m. there was an accident. She passed out pictures. She also showed transparencies of the area where the accident occurred. They have been before the City Council for quite a while. They have had meetings ad nauseum. She stated she is calm now. We have pictures of the almost. We have a formula for death on this street. In the interim of working together, she knows we can do something. We cannot allow another accident in the interim. Her suggestion is that we pull VCC into this situation as part of an interim solution. Can the school itself stop this and put guards up there to turn the traffic away for a while? If these kids lived in SF, their insurance would be even higher. The insurance companies probably don’t know we have a SF street in our town. VCC has told the president of their homeowners association that they will do anything the City tells them to do. What is our next step as a City? Kim Taylor 10744 Inspiration Circle, stated she lives on the same street as the school. Her concern is talk about possibly putting up a barricade and she feels this will hurt property values. She is against this. Charles Lopez, M.D., 7513 Bay Laurel Court, stated he is a new resident who moved in a couple of months ago. He is the father of a 5 year old son and is an anesthesiologist and trauma specialist. He has come upon many accidents. It was horrifying to come upon this and to say he lives only 3 houses away. He would like to see something done. He stated he is proud to be associated with his neighbors. Sash Sunkara and James Dye, 11305 Bay Laurel Street, submitted a written statement which Mayor Houston read. “I am current resident of Bay Laurel St., and currently it is quite a dangerous street due to the heavy traffic caused by students & parent travelling to Valley Christian School. I would recommend that Bay Laurel CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 313 should not be made public until this traffic issue is resolved between Warmington, Hansen Hill residents, and Valley Christian. Thank you.” Asma Razagi, 11311 Bay Laurel Street, stated it was her house that took the damage that day. Luckily, she and her family were not at home. She has been concerned that her little sister doesn’t have a place to play. Many people have said in front of their house it looks like a car lot. This is because they can’t get out of their driveway to go to work and school. If the pole hadn’t been there, the car would have come in their house. They are concerned and want something done to take care of the traffic there. It should be made safer for the children and for everybody living on this street. Mayor Houston read a letter from Robert & Sabina Jochim, 11242 Bay Laurel Street. “We will be unable to attend the city council meeting on June 1, 1999. However, this letter will represent our opinion on the traffic problems on Bay Laurel Street. We strongly agree with other concerned community home owners in the Hansen Hill development that the traffic problem has gotten worse. We live right next to a stop sign where we commonly see motorists ignoring the stop sign and continue going through it without regard to the people or the property around them. There are many times that the people who use Bay Laurel Street to drop off and pick-up their children from Valley Christian are in such a hurry that they tailgate my wifes car because they feel she is going to slow when in fact she is obeying the 25 mph traffic sign. Excessive amounts of speeding vehicles is and has been an ongoing problem ever since we have moved into this community. Our biggest concern is the safety of our family and the community. We feel either putting in “speed bumps” or “for Bay Laurel Street to become a gated community” would be a deterrent to help reduce or eliminate the amount of speeding vehicles on our street. If there are other ideas or possible solutions, we would be willing to listen. However, something needs to be done and soon before another accident like the one which occurred on Friday, May 28, 1999 turns fatal. Thank you.” Andrew Walker 7562 Meadow Court, stated he is president of the Hansen Hills Association. He has been criticized in the past by Sue Rainey about not being passionate about this traffic situation. They have used diplomacy and worked with Staff for 2 years. Others have spoken at meetings. He maintains this wasn’t an accident. This was a foolish act by a person who lost total control of their car. There was no evidence that they ever slowed coming down the hill. It was a blessing and God was merciful that day by sparing any deaths. They have been told about a second access requirement and raised dots and the issue of noise and CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 314 speed bumps and that there is a liability issue. Stop signs obviously aren’t working. They talked about restricting left hand turns out of VCC during certain hours. If the City accepts the streets, they hope the City will take responsibility and maybe even put a cement strip in the center and dedicated enforcement up there. He talked with Pastor Mayton this morning and he had not heard about the accident. They do not have control of the students after they leave school. They have even less with the parents. It’s like road rage. They have no concern for our community. There is obviously a design problem and it seems to fall on deaf ears. Maybe there is a problem with our Planner or someone else. It’s time to take some action for permanent solutions up there. Stop walking on the fence and worrying about political consequences. The Pastor up there is not opposed to restricted turns. He has spoken with Chief Thuman and was told the intersection of Dublin Boulevard and San Ramon Road is chief priority for his staff. They need some help up there. Maybe we can appropriate some funds for modifications needed up on the hill because this is a good time with the budget. If we haven’t put in funds, we should modify the budget. There are design problems in Dublin. We could put measures in place before the next school year to get some relief up there. Cm. Zika stated he welcomed Mr. Walker to the bandwagon. The intersection was originally designed for emergency access only. Somehow this got lost in the process. He suggested that we not accept the street because it is missing a street light and in the future, if we accept it, require the developer to put in a guard until we can put a permanent barrier. The Developer should provide a security guard to prevent through traffic going up to the school. He sat up there himself and watched people looking for a squad car. They don’t hesitate to go through the stop sign. It is worse during the school commute hours. He doesn’t know why VCC can’t block off the driveway. It’s a lot of young kids going down having fun. They don’t have the maturity to deal with this. Vice Mayor Lockhart stated she agreed and felt we have a serious combination of affects. What we’ve tried to do in the past aren’t accomplishing our goals. She felt striping would narrow a driver’s focus like we’ve done on West Vomac. She feels striping will definitely help, though this is not the total answer to the problem. She agreed with Cm. Zika that there should be some way we can do no left turn out of the school. Whether this is the responsibility of the school or the developer, we need to check into this. There needs to be resolutions other than what we’ve done in the past. We need to experiment with what will be a more permanent solution. Before the end of the school year, we should do no left turn. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 315 Cm. McCormick stated she felt we need to explore some of Cm. Zika’s solutions. She is not for putting more band-aids there. She would like to look at something to get it solved once and for all. She is concerned about our design and she’s had concerns for a long time. Somebody made some bad mistakes. Mayor Houston stated we put in stop signs and he still feels this is a positive thing, with enforcement. There are lots of different solutions and frankly, it is what the neighborhood will tolerate. He is for putting in speed bumps, dots, narrowing the road, whatever they want to do. He is not for closing the street. Mr. Walker stated he travels West Vomac and the distinct difference is Bay Laurel is a commuter route for parents of a school with over 1,000 students. West Vomac is an afterthought. The volume on Bay Laurel is the problem and requires some kind of dedicated enforcement. He agreed that striping is just a band-aid. They’re still not finished building up there. There will be more houses, plus VCC has a master plan and will be building more also. Mayor Houston proposed Staff come back with alternatives and stated even if you close off the street, this is not a magic bullet. If you don’t do something to mitigate the steepness of the hill, you will have the same situations. Look at all options and solutions. Dr. Huddad asked why the Mayor is so angry and adamant about not closing off this street. Mayor Houston stated if there is a fire up there and emergency services people cannot respond, this is the City’s responsibility. He must consider the big picture. Cm. Zika suggested Staff look at closing it off except for emergency access. Mayor Houston asked about accepting or not accepting the street and what bearing this has on what is or isn’t done. Mr. Thompson stated we have a $1 million bond to require them to fix the street light. If we do not accept it, we may have leverage on the developer. They have been cooperative. If we accept it, we have a little more control over it. Right now, the liability rests with the developer. Ms. Silver stated it seems prudent to delay accepting the street. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 316 Mr. Thompson stated Staff could come back in a month or 6 weeks with the options. Vice Mayor Lockhart questioned our policing ability by not accepting the street. Mr. Ambrose stated we have been enforcing it and have issued a number of citations up there. Vice Mayor Lockhart felt if Staff comes back with recommendations and suggestions, she would like to have striping considered and a sign saying use low gear, and consider the no left turn when the school is going in and letting out to see if this helps alleviate the problem somewhat. Also add to the list, speed dots and speed bumps. Donna Rodrigues said she calls the Police and they usually don’t even respond and go up there. Lt. DiFranco explained that they work speed up there from down below. By the time they catch them, they are usually way down Silvergate. It is a difficult patch to work because of the steepness. He assured her that they do respond. Mayor Houston stated enforcement is not a 100% solution. He requested that Staff come back in 30 days with the options for Council consideration. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, (Cm. Howard absent) the Council agreed to not accept the improvements to Hansen Hill, Phase I, Tract 5766 at this time. Cm. McCormick pulled Item 4.8 related to the contract amendment with South Coast Pool Plastering from the Consent Calendar. With regard to the amount of $25,410 to do plaster repairs to the pool, she asked who pays this? Mr. Ambrose stated it is held back from the contractor. He will not be paid until he repairs that portion. Vice Mayor Lockhart asked if this is common for this to happen? Mr. Thompson stated we don’t really know for sure. It is a large pool, and it probably dried out a little too much on the shallow end. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 317 On motion of Cm. Lockhart, seconded by Cm. McCormick, and by unanimous vote (Cm. Howard absent), the Council adopted (4.8 600-30) RESOLUTION NO. 100 – 99 CONFIRMING AMENDMENT TO CONTRACT 98-16 WITH SOUTH COAST POOL PLASTERING (DUBLIN POOL RENOVATION PROJECT) and authorized $72,117 final payment to contractor and release of 10% retention ($47,455) after 35 days upon receipt of the contractor’s certification that all subcontractors and suppliers have been paid. A fund in the amount of $25,410 to cover repair of the pool plaster shall be created, and the performance bond shall remain in effect pending satisfactory completion of the repair; PUBLIC HEARING AMENDMENT TO DUBLIN MUNICIPAL CODE TO PROVIDE FOR RECOVERY OF ATTORNEYS’ FEES FOR NUISANCE ABATEMENT 8:33 p.m.6.1(660-10) Mayor Houston opened the public hearing. City Attorney Silver presented the Staff Report and advised that this item would add Section 1.04.070 to the Dublin Municipal Code, which would provide for the recovery of reasonable attorneys’ fees for the prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance. This new section would apply to any future effort by the City to abate the nuisance conditions on private property, whether by administrative abatement, judicial abatement, or civil injunction. Cm. McCormick asked for an example of a nuisance and where this would come into play? Mr. Thompson stated if a property owner maintains his property in violation of the Building Code such as requiring a building permit to build a mezzanine and CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 318 one is added without a permit, this is a violation. If property is being used not consistent with zoning for the property such as industrial use with materials allowed to be stored inside only and materials are being stored outside, this would be a violation. Cm. Zika asked if these ever become criminal? Ms. Silver stated yes, any of these could be cited as a misdemeanor and the City has in the last year prosecuted for a number of violations. One property could violate several codes. These can be prosecuted in a number of ways. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. McCormick, and by unanimous vote (Cm. Howard absent), the Council waived the reading and INTRODUCED the Ordinance. PUBLIC HEARING – ZONING ORDINANCE AMENDMENT TO CHAPTER 8.108, TEMPORARY USE PERMITS TO DELETE THE TEMPORARY USE PERMIT (TUP) “TEMPORARY OUTDOOR SALE NOT RELATED TO ON-SITE ESTABLISHED BUSINESS (SIDEWALK SALE)” 8:40 p.m.6.2(450-50) Mayor Houston opened the public hearing. Senior Planner Dennis Carrington advised that this is the second reading of an Ordinance prohibiting a Temporary Outdoor Sale that is not related to the on- site established business (Sidewalk Sale). Cm. McCormick asked about the types of permitted uses and asked if restaurants come under a different ordinance for outdoor sales of food. Mr. Carrington stated we do not have one to allow for outdoor sale of food. There are other ways under a separate procedure. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 319 The Council asked about car washes held by groups as fund raisers Mr. Ambrose stated they are not legal because they are in violation of the Clean Water Act and dump suds down the drain. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote (Cm. Howard absent), the Council waived the reading and adopted ORDINANCE NO. 17 – 99 AMENDING CHAPTER 8.108, TEMPORARY USE PERMITS, OF THE MUNICIPAL CODE (ZONING ORDINANCE), RELATING TO TEMPORARY OUTDOOR SALES PUBLIC HEARING ENFORCEMENT OF VEHICLE CODE ON PRIVATELY OWNED STREETS UNDER CVC (CALIFORNIA VEHICLE CODE) SECTION 21107.5: CENTRAL PARKWAY, HIBERNIA DRIVE, A PORTION OF SUMMERGLEN DRIVE, AND STREETS WITHIN CALIFORNIA CREEKSIDE DEVELOPMENT 8:43 p.m.6.3(590-30) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that these streets are occupied and extensively used by the public, but have not been accepted by the City because of pending completion of items not related to the streets themselves. Adoption of this resolution will allow vehicle code enforcement on the designated streets as a public safety measure. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 320 Denise Adams, who lives on Hawk Way asked when the completion is scheduled. People are parking in all directions and she asked if they would be able to be ticketed. Mr. Peabody stated to get everything done, it will be a while yet. His guess is maybe up to 4 months from now. Cm. McCormick stated California Creekside was mentioned and she thought we have a street called Creekside on the other side of town. Mr. Thompson clarified that California Creekside is the name of the development. Mayor Houston closed the public hearing. On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 101 – 99 APPROVING ENFORCEMENT OF TRAFFIC REGULATIONS UNDER CALIFORNIA VEHICLE CODE SECTION 21107.5 CENTRAL PARKWAY, HIBERNIA DRIVE, MYRTLE DRIVE, HAWK WAY, FAWN WAY, MANGROVE DRIVE, BOXWOOD WAY, FINCH WAY, OWL COURT, SPARROW COURT, PEACOCK COURT, PHEASANT COURT, AND A PORTION OF SUMMERGLEN DRIVE STUDY SESSION ON ZONING ORDINANCE SIGN REGULATIONS AMENDMENTS 8:46 p.m.8.1(400-30) Community Development Director Peabody explained that the Council instructed Staff to evaluate possible changes to Sign Regulations regarding vehicular signs, large balloons and auto dealership signs. The purpose of this study session is to receive comments from the Council regarding these issues. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 321 Staff will then prepare a Zoning Ordinance Amendment if so desired by the City Council. Mr. Peabody stated Staff is looking for direction on what to come back with. They have worked extensively with the City Attorney with regard to constitutional problems, which we must be careful about. Senior Planner Carrington started with vehicular signs, and stated Staff has received complaints about these types of signs being used for the sole purpose of attracting people to a place of business. Staff seeks guidance from the City Council in order to make the regulations more clear and implementable. Assistant Planner Buzz Kalkowski showed slides of several vehicular signs. Mr. Carrington discussed options presented in the Staff Report. 1)What “as close as practical” to a business means. Possible options could be adjacent to the business; near the business but not occupying close-in customer parking spaces as long as it is not parked adjacent to the street; or anywhere on the property. Staff recommends the second option. 2)Should the vehicle be required to be parked in a designated parking space? Staff recommends that the City council make this change to ensure that vehicular signs do not impede circulation in parking areas. 3)What “normal course of business” means. Possible options could be driving the vehicle on a daily basis; driving the vehicle over 5 miles a week; moving the vehicle (i.e. moving the vehicle a few inches or around the block); or no requirement at all. Staff recommends that the second option be chosen because it would set a clear but reasonable standard. 4) What size limitations should apply to Vehicular Signs? Possible options could be one 4’ x 4’ sign on each side of a vehicle; one 2’ x 2’ sign on each side of a vehicle; or no limitation on sign size. Staff recommends that the Council choose the first option because it provides a useful sign area and prevents large “billboard” signs on vehicles. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 322 Mayor Houston stated he felt to help the situation, we should make sure they are parked in a designated parking space. We need to know what the approved parking configurations are. He stated he thought traffic rules and regulations in a parking lot are kind of tough. Mr. Carrington stated we addressed this in 1987 and said where we have a center with an approved plot plan, if you are going to restripe a parking lot, you must get a SDR to do so. Staff can then take a look at it and hopefully keep an eye on it. Vice Mayor Lockhart stated she felt it should be in a designated space in front of their business. Mayor Houston stated he felt when we do this we get into what is reasonable. This is more subjective and he sees more problems with this. Every center is different. It is more subject to interpretation and causes potential legal conflicts. Vice Mayor Lockhart stated she would just like to send message to business owners and say if you use this as a sign option, this is clearer. Cm. McCormick clarified that Mayor Houston was saying anywhere on the property. Could we say as close as possible to their designated business. Mayor Houston asked about businesses that aren’t necessarily Dublin businesses. People park the big rigs over at the Lucky center and they advertise different stores, etc. Mr. Carrington clarified if it is an operable truck, we would not seek to regulate. There is only one parking lot in our City that is properly posted; where Target and Montgomery Wards are. All the other lots are not properly posted. Mayor Houston stated he did not feel we give out a lot of tickets inside a parking lot. Mr. Kalkowski stated the primary issues are vehicles which have signage supplementing allowed signage. The vehicles primarily are not used for the normal course of business; they are simply parked there for additional signage. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 323 They are parked where they get the most visibility. This is the intent of the vehicle with the sign. If all the businesses were to do this, we would obviously have a big problem. Vice Mayor Lockhart stated at some point, we have to look at the bigger picture. Are people doing this because they want a bigger sign or do we have a problem existing? Why is this such an issue? Mayor Houston felt for many, it is just habit and they’ve always done it this way. Cm. McCormick asked about warning letters. Are there penalties? Mr. Kalkowski stated yes, if they are taken to court. This would be the end result of our enforcement. Mr. Carrington advised that a similar process is used in all cities. We are pursuing cases right now where judges have assigned fines to individuals. We can prosecute as a misdemeanor if we choose. Mayor Houston felt at some point we have to let people know we are serious. Some are flagrant abusers. Vice Mayor Lockhart stated if someone has an unregistered vehicle sitting with flat tires, there is just no excuse for this. We don’t want to start clamping down so tight that people don’t have any signage. Cm. Zika stated he liked the concept of a designated space within a parking lot. He also favors a 2’ x 2’ sign. This could limit the size of the vehicle. Mayor Houston felt people will figure out a way to modify even the strictest rules. He felt most of our problems are on weekends. On Friday at 5 p.m., Staff goes home and then they all come out; inflatable mattresses, spas, etc. Mr. Peabody advised that Mr. Kalkowski works one Saturday a month. Vice Mayor Lockhart stated she likes the requirement that vehicles must be driven a minimum of 5 miles per week. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 324 Mayor Houston stated he favored saying, designated parking space, size of sign and look at mileage count. Ms. Silver stated we need to look at all these issues in terms of constitutionality. Commercial speech is entitled to rights under the First Amendment. Some of the suggestions may need to be tweaked a little bit. Cm. Zika asked if we could look at the vehicle sign with regard to total allowed signage. Mayor Houston summarized that it has to be in designated space, look at some size limits and it can’t be inoperable. Mr. Carrington stated with regard to Large Balloon Signs, the current Sign Regulations permit balloons as Temporary Promotional signs. Concerns have been raised about the visual impacts of such signs and their potential negative impacts on public safety. Mr. Carrington reviewed 3 possible options for changes regarding large balloons. Staff recommended the second option which would prohibit balloons 15” or greater in diameter, and all balloons of any size supporting streamers and/or having a tether line exceeding 5’. Amortization issues were discussed and to require removal after a period of 3 years was Staff’s recommendation. Mayor Houston stated he liked the idea of what Pleasanton has done in allowing them at limited times during the year. Don’t allow them on the roofs. They are using them like a second floor of their buildings. They consider this free space. Whether we allow for amortization or not, we shouldn’t allow them on roofs. Vice Mayor Lockhart agreed that they don’t belong on the roofs of buildings, especially with our wind conditions. It would not be a disadvantage to not have them as they are not used in other communities. If we amortize them out, we should treat everyone equally. At one time, the balloons were important for freeway visibility. This issue will correct itself as ramps are put in and people on the freeway can access our community. This might help eliminate the need for balloons. Businesses won’t be happy about this. She has heard from a lot of residents who don’t like these. People aren’t happy with them. Look at a 3 year CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 325 amortization. Seasonally, there are some that could stand on the ground. She agreed that they should definitely not be on the roof. Cm. Zika asked what was meant by expensive. Mr. Kalkowski responded that some start around $5,000. Cm. Zika stated he agreed that 3 years should be okay. You can cook the books to look like whatever you want. He could go along with option 2. If we allow them on the ground, we should have some kind of height limit to eliminate the danger of one going over in a high wind. We should look at an appropriate height limit. Mayor Houston felt we would be stuck with what they have now if we amortize. Cm. Zika clarified he was discussing after this period of time if we allow any on ground. We should have a height limit and also provision that they can’t have them on the roof. Cm. McCormick asked if balloons come under free speech. Ms. Silver replied yes, commercial advertising is entitled to free speech protection. It is protected first amendment speech. A city can regulate it with reasonable time periods. Cm. McCormick stated she liked the second option. She felt 2 years is plenty of time. She asked if we know how many are leased. Mr. Carrington stated he felt the vast majority are leased. There are maybe 2 that actually belong to businesses. Dublin Honda has one and there is a loaf of bread that belongs to a corporate business. Cm. McCormick stated she supported option 2 (prohibit balloons 15” or greater in diameter, and all balloons of any size supporting streamers and/or having a tether line exceeding 5’’) and 2 years for the amortization period. Mayor Houston restated he liked the Pleasanton model with nothing on the roof. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 326 Vice Mayor Lockhart felt it is great to say it, but we must get them to follow it. If we don’t want balloons, maybe we just need to say we don’t want them, period. She stated she would go along with option 2. Mr. Ambrose asked what percentage of the balloons are put up without a permit. Mr. Kalkowski responded they all put them up without permits and then he has to go tell them. Fremont has a good model. They allow them for special occasions. They are required to have them up no longer than one day. They also allow them for civic events. Mayor Houston stated he felt several options should be looked at. Cm. Zika asked if they chose option 2, would this prohibit them from allowing one for a special event or civic event. Mr. Carrington stated this would have to be built into the regulations. Mr. Carrington stated vehicular dealership signage is addressed only through Master Sign Programs regarding permanent signage and Zoning Clearances for Temporary Promotional Signs. Concerns have been raised that vehicle dealership sign programs can have negative visual impacts on surrounding areas. Staff recommended formation of a Vehicle Dealership Signage Committee made up of a member of the City Council, a member of the pc, a Staff representative, and representatives of several vehicle dealerships in Dublin. Vice Mayor Lockhart stated she wouldn’t mind being on this committee, and Cm. Zika stated he would be alternate. Mayor Houston stated we have the new dealership coming in, the GM AutoMall Mr. Peabody stated they are not yet under constructions and will be required to bring back a planned sign program. We may have 2 other dealerships in this same situation. Mr. Peabody suggested they come back within 6 months with specific options for hearing. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 327 Bruce Fiedler, stated about 2 ½ years ago, this City Council took aim at signs that made us look like Castro Valley. Staff has had considerable success in dealing with the problem along Village Parkway; not so on Dublin Boulevard. The worst part of the mess may be found at shops and stores that have converted their windows into signs with fluorescent paint. He stated Staff has been provided with a copy of pictures which were taken on April 20. With th regard to the issue of converting windows to signs, we don’t need to sell the beauty of the community. He runs a small business and does not get into garish advertising. He complimented Staff on the work they have done already. Businesses that have things that are really outrageous and keep ignoring prodding by Staff need a little more attention. Mr. Peabody stated windows have a 25% coverage limit and the City Council directed that Staff be reactive on a complaint only basis when it comes to window signs. AUTHORIZATION TO SOLICIT BIDS – MODIFICATIONS TO CIVIC CENTER 9:50 p.m.8.2(600-30) City Manager Ambrose presented the Staff Report and advised that George Miers & Associates has completed the working drawings for Phase I construction of the modifications to the Civic Center. Proposed modifications will provide additional work stations for new employees that have been hired to adequately service the growing community. Phase I costs are estimated at $1,232,100. Funding for the project will come from the General fund ($280,100) and Public Facility Impact Fees ($952,000). The proposed construction schedule for the Phase I improvements is 6 months. Furniture that will be needed in the new work stations is not included in the construction budget and will need to be purchased separately. Mr. Ambrose advised that with respect to carpeting, we can no longer acquire the existing kind of carpeting. We have included recarpeting the entire building with the exception of the Council Chambers. This represents a fairly aesthetic issue. The carpet is about 10 years old. Certain areas are badly in need of replacement. We will try to minimize disruptions during the modifications. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 328 Cm. McCormick asked if this phase includes the Police wing. Mr. Ambrose responded yes, but a second phase would include a 5,000 sq. ft. space addition at some time in the future. Additional parking is badly needed. This will have no impact on the library construction. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Cm. Howard absent), the Council authorized Staff to solicit bids for modifications to the Civic Center. PROPOSED HERITAGE AND CULTURAL ARTS COMMISSION 9:57 p.m.8.3(900-20) Recreation Supervisor Bonnie Leonard presented the Staff Report and stated this item is for the City Council to consider the formation of a new Heritage and Cultural Arts Commission and whether the City should assume the responsibility for arts programming previously done by the Dublin Fine Arts Foundation. Ms. Leonard presented background information and indicated that both the Dublin Fine Arts Foundation and the Heritage Center Advisory Committee support the proposed Commission which would serve in an advisory capacity to the City Council. Both groups propose that the Commission be comprised of 7 members with one member representing the DFA and one representing the Dublin Historical Preservation Association. The Heritage Center Advisory committee would be disbanded. DFA would continue as a non-profit, fundraising body for arts in the community, but would no longer be actively involved in arts programming. Instead, the City would assume the responsibility for arts programming. This could be accomplished through a contract with an art professional. Ms. Leonard summarized that establishment of a Heritage and Cultural Arts Commission could be accomplished through adoption of a Resolution establishing Bylaws and Rules of Procedure for the Commission. The Bylaws CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 329 would identify the following: 1) composition and method of appointment; 2) term of office and removal; and 3) general responsibilities of the Commission. Due to the Mayor making all appointments, with approval of the City Council, it would not be possible for the DFA and DHPA to appoint representatives to the Commission. Staff perceives that FY 1999-2000 would be a transitional year with the establishment of a new Commission and with City assumption of art programming. Staff recommended that the City contract with an art professional to conduct an assessment of cultural arts and heritage programming in the community. Included in the assessment would be an examination of existing programs such as Art in the Parks, Art in the Schools and the Public Art policy. The programs, use and physical space of the Heritage Center would also be studied. The estimated cost to contract with an art professional to conduct an assessment is $25,000 - $30,000. Thus, the total cost to the City in FY 1999-2000 for establishment and operation of the new Commission and for contract services for a needs assessment is $35,785. Ms. Leonard stated if the Council is in support of the recommendations, Staff will include the appropriate funding in the FY 1999-2000 Budget and prepare Bylaws and Rules of Procedure for City Council consideration at a future meeting. Cm. Zika asked if under our current charter the Mayor could appoint 5 of the members and then the others appoint one each. Mayor Houston responded no, but the Council has ultimate authority over the appointments with confirming. Vice Mayor Lockhart stated her first instinct would be the more the merrier and she would go with 7 on the Commission, but the manageability of 7 versus 5 should be considered. Ms. Leonard stated the current group is 7 and it works efficiently. Seven would give a broader base opinion. Vice Mayor Lockhart supported 7. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 330 Cm. McCormick supported 7. Mayor Houston supported 5 in order to get stuff done and stated this number serves us well with the other Commissions. Cm. McCormick felt 2 of the 5 would almost be pre-selected. Mayor Houston stated this is incorrect. He is in favor of establishing the Commission and felt the timing is right. Vice Mayor Lockhart stated she likes the idea of taking a year to poll the community and get feedback. It’s important to make sure we are headed in the right direction and to get everybody on the same page and working together. We should hire a professional to gather the information. Mayor Houston stated he felt cultural arts would open up a broader spectrum. Dramatic arts has not been emphasized in the past. Vice Mayor Lockhart reiterated she would like to see 7 members and the year with a professional studying this whole thing. Cm. Zika stated he could go either way with 7 or 5. He will go with 7. By a Council consensus, this will be a 7 member Commission. Staff will include the appropriate funding in the FY 1999-2000 Budget and to prepare Bylaws and Rules of Procedure for Council consideration at a future meeting. AGREEMENT WITH DUBLIN SAN RAMON SERVICES DISTRICT FOR CONVERSION OF DUBLIN SPORTS GROUNDS TO IRRIGATION WITH RECYCLED WATER 10:11 p.m.8.4(600-40) Parks & Community Services Director Lowart presented the Staff Report and advised that the City has established a water use efficiency ordinance that CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 331 requires new annexations in eastern and western Dublin to use recycled water. In support of the City’s ordinance, the DSRSD has adopted an ordinance governing recycled water service in the District’s service area. DSRSD has indicated that the Dublin Sports Grounds is an ideal model conversion project and is proposing conversion of the irrigation system to recycled water. Ms. Lowart advised that Staff has met with DSRSD to coordinate the conversion of the irrigation system and discussed issues related to the safety of the water, timing of the project and the availability of the water. An agreement has been developed with terms as follows: 1)The District will develop a Conversion Plan that includes piping modifications, signage, public information, operation and City Staff orientation and training. 2)The District will undertake and pay the cost of the Conversion Plan. The District will hold the City harmless concerning any work on the Dublin Sports Grounds. The City will grant the District access to the DSG for the purposes of carrying out the Conversion Plan. The District will restore the areas of work to a condition comparable to the condition at the initiation of work and satisfactory to the City. 3)The City will use recycled water in accordance with District Standard Specifications and Drawings as may be amended from time to time. 4) The City water usage fees at the DSG will be discounted for 5 years, beginning the first full billing period following the effective date of the Agreement as follows:Year 1 – 50%Year 2 – 40%Year 3 – 30%Year 4 – 20% Year 5 – 10%. After the 5 year, the City will be billed based upon the same th rate schedule as other Dublin users of recycled water. Vice Mayor Lockhart asked if we could run this to City Hall with the water fountain and grounds. Bob Beebe stated he wasn’t sure how the boundaries of the project were described. He couldn’t think of any reason this couldn’t be done; they wanted a pretty easy first connection. They have to be careful that they don’t set a CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 332 precedent and want to save money on water. They could take a look at serving the whole site. Cm. Zika asked if this will be part of the overall project at the DSG. Ms. Lowart stated we will just be converting our current system. Cm. Zika stated he loves a discount, but a discount off what price? Mr. Beebe responded it is 50% of the potable rate. Cm. Zika asked what the recycle rate actually is. Mr. Ambrose referenced Paragraph 6 on Page 3 of the Agreement. We could say “potable” rates discounted. Mr. Beebe stated the rate is $1.58 per hundred cubic feet for potable water, so we will get it for half the first year. This can be incorporated into the agreement. Cm. Zika stated he also wanted assurance that the recycled rate will not exceed the potable rate in the future. Mr. Beebe stated the Board sets the potable rates, and he cannot promise a special rate in perpetuity. There are any number of reasons why this can’t be done. There are a lot of reasons to use this water, but he as General Manager cannot promise this. Cm. Zika stated he has no idea what the cost of recycled water is compared to potable water. We may be able to buy regular water 6 years from now cheaper than recycled water. Mr. Beebe stated they want to make recycled water attractive for use. He is very confident it will always be a bargain. Cm. Zika asked if we can put in a stipulation that if it is more economical to use potable water we can use it. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 333 Mr. Ambrose read the corrected wording. 6. Usage Fees. The City’s recycled water usage fees at the Dublin Sports Grounds will be “the potable water rate” discounted for five years, . . . Mayor Houston stated he felt there are many factors associated with this. Being responsible to water resources is very important. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote (Cm. Howard absent), the Council approved the Agreement for conversion of DSG to irrigation with recycled water and authorized the Mayor to execute the Agreement with the modifications discussed regarding clarification on pricing. Mr. Ambrose stated we would need to come back with a separate agreement for the Civic Center grounds and fountain. The system has the ability to go with either recycled or potable water. We have the option and this is possible. Mr. Ambrose clarified that this agreement is to use potable water for 5 years. At the end of that time we can make a decision. Staff will deal with this. OTHER BUSINESS 10:26 p.m. BART Meeting (610-05) Mr. Ambrose advised that we have been contacted by BART and they are interested in having a liaison meeting with Dublin and Pleasanton on June 22 nd at 3 p.m., on June 24 after 11 a.m., or on June 29 at 3 p.m. thth Vice Mayor Lockhart advised that she couldn’t make it on June 29 th The City’s Budget session starts at 6 p.m. on June 24. th The liaison committee selected June 24 at 4 p.m., for the meeting with BART, th and requested that the meeting be held at the Dublin Civic Center, if possible. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 334 Art in the Parks Program (900-50) Mr. Ambrose stated flyers had been distributed regarding the reception to meet the artists tomorrow night sponsored by DFA Art in the Parks Program. People will be able to see models of potential artwork pieces proposed for Kolb Park and Mape Memorial Park. Bicycle Safety Program (580-40) Cm. Zika reported that he had a chance Saturday to work with the Police Department on the Bicycle Safety Program. It was real nice and they had good attendance, in spite of the fact that it was cold and windy. Crosswalks (590-50) Vice Mayor Lockhart commented on recent issues dealing with street crossings and reported that the State of Massachusetts does something interesting. They paint their crosswalks a bright green. She stated she will bring in a few pictures. They seem to be very effective. Girls Varsity Softball Team (610-50) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 335 Mayor Houston congratulated the girls varsity softball team who won the North Coast Section Title. They are champions and this is wonderful for the program, the school, and the City. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. ________________________________________ Mayor Pro Tempore ATTEST: ____________________________ City Clerk CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 1, 1999 PAGE 336 (' ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. ATTEST: ~Ci~ Cler~ gl~Iayor Pro Tempore CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING ~une 1~ 199/) PAGE 336