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HomeMy WebLinkAbout06-17-2003 Adopted CC MinutesCLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b) ONE potential case. Facts and circumstances: Government Code Section 54956.9(b)(3)(A) 2. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - Government Code Section 54956.9(a) Name of Case: Kruse v. City of Dublin, et al, Alameda Superior Court No. HG03093760 3. PERSONNEL - Government Code Section 54957.6(a) - Conference with Agency Labor Negotiator Richard Ambrose, City Manager - Unrepresented City Employees: Assistant City Manager City Engineer Administrative Analyst II Administrative Aide Assistant Civil Engineer Administrative Analyst I Associate Civil Engineer Administrative Technician Associate Planner Assistant Planner Recreation Supervisor Community Safety Assistant Senior Administrative Analyst Engineering Technician I Senior Civil Engineer Engineering Technician II Senior Planner Finance Technician I Administrative Services Director Finance Technician II Assistant to the City Manager Heritage Center Director Building Official Information Systems Technician. City Clerk Office Assistant I Community Development Director Office Assistant II Economic Development Director Preschool Instructor Finance Manager Public Works Inspector Information Systems Manager Recreation Coordinator Parks & Community Services Director Recreation Technician Parks & Facilities Development Manager Secretary Planning Manager Secretary to the City Manager/Deputy City Clerk Public Works Director/City Engineer Senior Finance Technician Housing Specialist Senior Office Assistant Parks & Community Services Manager Senior Building Inspector Parks & Facilities Development Coordinator Heritage & Cultural Arts Supervisor Geographic Information System Coordinator Code Enforcement Officer A regular meeting of the Dublin City Council was held on Tuesday, June 17, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that the City Council covered the first Closed Session item only. There was no reportable action. The Council will continue the remainder of the Closed Session items to the end of the meeting. MAYOR'S APPOINTMENT OF STUDENT MEMBER TO PARKS & COMMUNITY SERVICES COMMISSION 7:07 p.m. 3.1 (110-30) Parks & Community Services Director Diane Lowart presented the Staff Report. The term of the student member expires on June 30, 2003. Two applications were received in response to the City's advertised openings. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council confirmed the Mayor's appointment of Olek Pawlowski to the P&CS Commission for a one-year term which expires June 30, 2004. C~I'¥ COUNCIL HINUTES VQLUI/IE 22 REGULAR MEETING PRESENTATION ON CITY'S GIS PROGRAM 7:09 p.m. 3.2 (150-30) The City of Dublin has been actively engaged this past year, in the development of a Geographical Information System (GIS) program that will serve the City. GIS Coordinator Tim Eisler did a presentation which discussed the various information layers of the City's GIS, including the foundational layers of Engineering and Planning mapping. Also illustrated was how the various departments in the City use the mapping information to improve efficiency in each respective department, now and in the future. Mr. Eisler illustrated how the GIS identifies parcels for public hearing notices. This type of a project used to take days and can now be done with three clicks of the mouse. The information can be downloaded on Excel and then use the information with a list merge feature. Cm. Sbranti asked about the ongoing effort, how long it will take to reach the goals and about the average maintenance time. Mr. Eisler advised that Staff will maintain and update the data and this is built into his job description. Features will be added as the City has needs. Assistant City Manager Joni Pattillo stated we can keep on adding layers of information. It is also great for customer service tracking regarding problems. We have been working collaboratively with DSRSD. Tim is also involved in some Tri-Valley information sharing to look at economies of scale. The use and potential is endless. A lot of bigger cities utilize this as an economic development tool. Dublin entered into this at a good time and we have been able to hire one of the top notch officials in the field. Mayor Lockhart asked if we could make some of this available on the Website, such as the street overlay program. Ms. Pattillo stated this is possible as a long term goal, but we want to make sure we have internal policies and procedures down first. Some of the information is proprietary. Cm. Zika stated all of this is public information and he asked if someone could come down to the City to look up information related to purchasing a house here. Could they find out what building permits have been issued on the property? C~T¥ C©UNC~L M~NUTES VOL~JME 22 REGULAR~ :55 EET~NG ~'~e '~ 7,, 2003 PAGE 389 Mr. Eisler stated the permit system is still separate, but we hope to merge them. City Manager Richard Ambrose pointed out we have a lot of back data. With regard to checking building permits, or CUPs from 10 years ago, it will take us quite a while to add the data. Cm. Zika commented that some people don't want their telephone numbers available, or even their address. Mr. Eisler stated we will have to develop some policies related to use. The City Attorney will be involved in this. We are being very cautious about this. Vm. McCormick stated she was concerned about limits to this information. We need to develop a policy sooner than later. This is a big brother issue. She is very sensitive to privacy issues also. Mr. Eisler discussed setting up safety nets so that only limited individuals have access to certain information. Cm. Oravetz stated he felt automation is a good thing. He asked about the cost benefit. Will we now need less staff? Ms. Pattillo stated we have been able to maintain a low citizen to staff ratio by using tools like technology. It is a time savings that can be reallocated somewhere else. Mayor Lockhart asked if we are able to use this data with regard to LAFCO. Mr. Eisler stated he has been working with the Planners on this. 7:$1 p.m. John T. Collins, Allegheny Drive, stated he loves the maps and this was a very interesting presentation. Now, if we can improve the town hall meetings as well. Related to the RV report, the pros and cons should be presented and then discussed with the people. He noted his presentation at the town hall meeting was not included in the Council's information. C~TY ceEiNC}L M~NUTES V©LUN.~.E 22 REGULAR MEET}lNG iPAGE 39@ CONSENT CALENDAR 7:33 p.m. Items 4.1 through 4.19 Cm. Sbranti pulled Items 4.5, 4.87 4.12 and 4.17. On motion of Cm. Sbranti, seconded by Vm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meetings of May 20 and June $, 2003; Accepted (4.2 600~$ 5) improvements under Contract 02-207 Street Light Pole Replacement Phase 1, and authorized final payment to Steiny & Company, less retention to be paid in 35 days if no subcontractor or supplier claims are received; Authorized (4.3 600-35) Staff to advertise Contract 03-097 Front Counter Upgrade Phase 17 for bids; Accepted (4.4 600~ $0) improvements for Civic Center Library Public Art project (Evans & Brown~ Peter Mollica and Robert Ellison); Adopted (4.6 600-60) RESOLUTION NO. ~J2g -03 APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR PARCEL MAP 77i4 (ALAA{EDA COUNTY SURPLUS PROPERTY AUTHORITY) Adopted (4.7 600-30) RESOLUTION NO. 422- 03 APPROVING AMENDMENT TO AGREEMENT W~TH CORDOE~A CONSULTING, iNC. FOR CONSULTING ENGiNEERiNG SERVICES Adopted (4.9 600-30) RESOLUTION NO. 123- 03 APPROVING AMENDMENT TO AGREEMENT FOR ENGiNEERiNG SERVICES WITH SNG & ASSOCIATES, INC. Adopted (4.10 600-60) RESOLUTION NO. 1,24- 03 ACCEPTANCE OF ~PROVE~ENTS FOR TP~CT 69(51 (DUBLIN FEANCH NEIGHBORHOOD AND APPROVING REGULATORY TRAFFIC CONTROL DEWCES Approved (4.11 600-30) Change Order #3 for the Emerald Glen Park, Phase II Consultant Services contract with Carducci & Associates; Authorized (4.13 600N35) Staff to solicit bids for Contract 02-10, Traffic Signal Upgrade - Village Parkway/Amador Valley Boulevard; Adopted (4.14 600-30) RESOLUTION NO. 125 - 03 APPROVING AMENDMENT TO AGREEMENT FOR GEOTECHN~CAL SERVICES W~TH KLE~NFELDER, ~NC. Adopted (4.15 600-30) RESOLUTION NO. 126- 03 APPROVING A~ENDMENT TO AGREEMENT WITH ZUF&WALT ENGiNEERiNG GROUP Adopted (4. ] G G00~ $0) RESOL[JT~OH HO. 127- 03 APPROVinG AMEnDmENT TO AGREE~Et~T W~TH THE 7=AH~ GROUP, Adopted (4.18 O00~ $0) RESOLUTION ~O. i 28- 03 APPROV)NG A~END~ENT TO AGREEMENT FOR T~FF~C ENGiNEERiNG SERVICES W~TH FEHR & PEERS ASSOC~ATES~ ~NC. Approved (4.19 300-40) the Warrant Register in the amount of $3,069,046.54. Om. Sbranti pulled Items 4.~ 4.8 and 4.12 and commented that the reports mentioned a certain maximum per consultant. It now looks like weZe doing away with this. What are we doing differently? Public Works Director Lee Thompson explained that we do this on a case-by-case basis and a lot of them have reached the top and staff has to come back to the City Council. We have a line item in the Engineering Budget and then we have CIPs that these consultants work with also. We don't necessarily come back for budget change, but contract change. Cm. Sbranti questioned without a target and guide, how will this work? City ~danager Pdchard Ambrose stated in some cases we have to shift consultants. We do have project control within the operating budgets as well as the project budgets. Cm. Sbranti stated he just wanted to make sure this is not a blank check. Staff stated there is an individual budget for each project~ but this gives more flexibility. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council adopted (4.5 600~30) RESOLUTION NO. i29- 03 APPROWNG AMENDMENT TO AGREEMENT FOR GEOTECHN~CAL SERV~CE[S W~TH BER`LOGAR GEOTECHN~CAL CONSULTANTS (4.8 600~$0) RESOLUTION NO. t30- 03 APPROVING AMENDMENT TO AGREEMENT FOR, GENERAL TRAFFIC ENGiNEERiNG SERVICF=S WITH OMNbMEANS and (4. ! g 600- $0) RESOLUTION NO. i3i = 03 APPR`OVING AMENDMENT TO AGR`EEMENT FOR, TRAFFIC ENGiNEERiNG SERVICES WiTH K~MLEY-HOR`N AN[:) ASSOCIATES, Cm. Sbranti pulled Item 4.17 and commented that in looking at the specific number for this consultan~ he noted that there hasn't been any increase since 1996 and we are now doing a big 16% increase. He stated he has no problem with the increase, but asked if there is a way this could be monitored more closely to do more modest increases more often, such as annually. Mr. Thompson stated the Cig sends out letters in February and on this contractor, one of theirpositions was way below others, so the one overbalanced the others. He discussed legal obligations that we have on assessment districts regarding using reserves. Mr. Ambrose stated the consultants contract with various agencies and this is one of the benefits of being a contract city. On motion of Cm. Sbranti~ seconded by Vm. McCormick~ and by unanimous vote, the Council adOpted (4.17 600 ~ $0) CiTY CO'UNCJiL MINUTES VOLUP2E 22 REGULAR N'~EET~NG PAGE 394 RESOLUTION NO. i32 ~ 03 APPROVING A~EN[:)~ENT TO AGREE[~ENT FOR GE. OT~CHN~CAL SERVICES W~TH ~SK ASSOCIATES WRITTEN COMMUNICATIONS REQUEST FROM DUBIJN LITTI.E IZAGUE (DLL) FOR SPORTS FIELD IMPROVEMENTS 7:43 p.m. 5.1 (260~30/600-30) Parks & Community Services Director Diane Lowart presented the Staff Report. In April, the DLL submitted a request for improvements/additions to the Dublin Sports Grounds and Emerald Glen Park, including: batting cages at Dublin Sports Grounds (DSG), new infield grass at Emerald Glen (EG) Park Field A, foul poles installed at EG Park Field A, portable bathroom between Field 5 and Field 6 at DSG, and safety cap pad installed on the outfield fence at EG Park Field A. Staff met with representatives from DLL to review the requests and the Parks & Community Services Commission considered the requests at its May 19, 2003 meeting. The P&CS Commission was in favor of the batting cage project and the infield replacement project. The Commission supported the installation of foul poles on EG Park Field A, but not at the expense of the City. The Commission was also in favor of the safety cap pad for EG Park Field A, and believed that the City should pay for this as it relates to safety of all field users. Regarding the restrooms, the Commission recognized the need, however, did not like the idea of vehicular access across the fields. They asked that Staff work with DLL to identify a potential way to address the lack of restrooms in this area of the park within the next 6 months. With the exception of the placement of portable restrooms at DSG, Staff is supportive of the requests for improvements as submitted by DLL. Further, Staff concurs with the recommendation of the P&CS Commission that DLL fund the foul poles and the City reimburse DLL for the cost of the safety cap. Thus, the total cost to the City is estimated at $3,100, as follows: Batting Cages -Project Oversight - $1,250; Infield Replacement - Project Oversight ~ $1,250; Safety Cap Pad- DLL Reimbursement - $600. Total $3,100. CITY COUNCIL MINUTES ~OLUME 22 REGULAR BSlEET~NG Funding for these projects was not included in the Preliminary FY 2003-04 Park Maintenance Budget so, if approved, it will be necessary to increase the Park Maintenance Budget at the June 24th City Council Budget Hearing. For the Batting Cages and Infield Replacement projects, separate improvement agreements would need to be developed which would outline the responsibility of DLL and the City. Staff recommended that the City Council take the following actions: 1) Approve the Batting Cage and Infield Replacement Projects and direct Staff to prepare improvement agreements for City Council approval at a subsequent meeting; 2) Authorize Staff to reimburse DLL for the Safety Cap Pad; 3) authorize DLL to install Foul Poles at Emerald Glen Park Field A; and 4) Include $3,100 in the Adopted FY 2003-04 Park Maintenance Budget for the projects. Cm. Zika stated he wanted to make sure that DLL knows that even though they put in these improvements, the field is still available to others in the community. Cm. Oravetz asked on the foul poles ff they rented them out to a company such as Pepsi for advertising, what is the City's policy on this. Ms. Lowart stated currently the Park Rules Ordinance does not authorize advertising in the parks, so this would come back to the City Council. Cm. Sbranti asked what a safety cap pad is. Ms. Lowart explained that it is a padding which goes around the outfield fence. Jim North, President of DLL, stated the improvements at EG Park are for trying to draw tournaments. They can generate a lot of money because they charge $500 per team to enter. They can make even more money than from the fireworks booth. They are fine with the liability issue. Every other league in the district has batting cages except Dublin. The budget will run about $20,000 for this. They want to spend the money. Regarding advertising, this is not allowed. He thanked Diane Lowart and her staff. Everyone has been wonderful in guiding them through this process. Cm. Zika stated he understands that DLL will be splitting in two and asked if each league will have access to the batting cage? Ms. Ix>wart responded yes, this is correct. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council 1) approved the Batting Cage and Infield Replacement Projects and directed Staff to prepare improvement agreements for City Council approval at a subsequent meeting; 2) authorized Staff to reimburse DLL for the Safety Cap Pad; 3) authorized DLL to install Foul Poles at Emerald Glen Park Field A; and 4) to include $3,100 in the Adopted FY 2005-04 Park Maintenance Budget for the projects. PUBLIC HEARING REVISIONS TO SPORTS FIELD USE POHCY 7:57 p.m. 6.1 (260-10/290-10) Mayor Lockhart opened the public hearing. Parks & Community Services Manager Paul McCreary presented the Staff Report. This public hearing was scheduled for the City Council to consider rescinding the proposed rental fee increases for certain user classifications due to go into effect on July 1, 2003. The fees would apply to use of the sports fields at the Dublin Sports Grounds, Emerald Glen Park and Ted Fairfield Park. The estimated lost fee revenue would be $8,700. John T. Collins, Allegheny Drive, stated regarding the $8,600 in lost revenue, on the consent calendar we had $180,000 worth of whimsy. This is a lot of whimsy. And, we're having a problem putting up $8,600? Mayor Lockhart clarified they were actually not having a problem. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. i 33 m 03 ESTABLiSHiNG FACILITY USE POLICY AND RENTAL FEES FOR USE OF THE SPORTS F~ELDS AT THE DUBLIN SPORTS GROUNDS, EMF_PJALD GLEN & TED FAiRFiELD PARKS (EFFECTIVE JULY i, 2.003) CtTY C©UNC~L M~N{JT}BS V{}Li~JME 22 PAGE 397 PUBLIC HEARING LIBRARY COMMUNITY ROOM USE POLICY 8:02 p.m. 6.2 (220-10) Mayor Lockhart opened the public hearing. Parks & Community Services Manager Paul McCreary presented the Staff Report. The new Dublin Library includes a Community Room and this room is envisioned as a venue for a wide variety of community events and programs. In order to make a room available for use by the public, a Facility Use Policy must be adopted. A policy was prepared which is based on the Dublin Civic Center Facility Use Policy. Mayor Lockhart asked what kind of group was using the library that would now be charged. Parks & Community Services Director Diane Lowart stated one group that came to mind was Alcoholics Anonymous that wouldn't meet our 51% resident requirement. Cm. Zika stated he assumed the library would get to use it free for groups such as Friends of the Dublin Library. Mr. McCreary replied yes, this was correct. Vm. McCormick asked about Group 2. There are groups based in our community who serves the entire valley, such as the American Cancer Society and Hope Hospice. This is of concern that they be denied use of a facility where they have their offices. Also, Legislators who from time to time want to have town hall meetings, we need some method of waiving the fees for these specialized groups. Mr. McCreary stated we have waived fees in the past for certain cases. Vm. McCormick stated she felt this needs to be addressed rather than on a one-on-one basis. City Manager Richard Ambrose suggested we look at another group category, such as charitable, non-profit local serving, tri-valley based. Ms. Lowart pointed out we reviSed all the other policies in October, so if we entertain another group, that we bring all the policies back once again. This would require public noticing. Our community group category was very broad and we had a number of different non~profit groups that had members that served our community, but generally they were statewide organizations. If we look at more local focus with Dublin addresses, we may need to review this. It is amazing how many different non-profit categories there are. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart dosed the public hearing. On motion of Cm. Sbranti, Seconded by Cm. Zika, and by unanimous vote, the Council adopted, with the understanding that there will be other language added in the future RESOLUTION NO. ~34- 03 ESTABLiSHiNG FACIL~TY USE POMCY AND RENTAL FEES FOR USE OF THE DUBLIN L~BRARY COMMUNITY ROOM {EFFECTIVE JULY '~, 2003) RESIDENTIAL OFF-STREET RECREATIONAL VEHICLE PARKING REGULATIONS ALTERNATIVES 8:14 p.m. 7.1 (570-20/570-30) Senior Planner Andy Byde presented the Staff Report. The City Council reviewed potential alternatives to the existing off-street recreational vehicle parking regulations, which regulate where recreation vehicles may be parked on a residential lot. Several alternatives were presented to the City Council for consideration, including: Alternative 1 - maintain existing regulations; Alternative 2 - increase setback from right-of-way; Alternative 3 - regulate parking within the driveway and nearest side lot line based on size; and Alternative 4 - regulate parking within the side and rear yards based on size. The Staff Report indicated that if the Council determines that modifications should be made to the existing off-street parking regulations regarding recreation vehicles, the C~T'~{- COUNCIL ~I'~NUTES VOL, U~:~ E 22, Council should determine if it is appropriate to phase out the pre-existing (legal non- conforming use) recreation vehicle parking. A Legal non-conforming use (such as off- street parking for recreation vehicles) is a use that was legally constructed and used prior to the effective date of the revised ordinance and does not conform to the then current provisions of the ordinance. If it is determined that this legal non-conforming parking should be phased out, Staff, in consultation with the City Attorney, would prepare an ordinance to determine the proper methodology for identifying the legal non-conforming parking and the appropriate amortization period in which all existing legal non~conforming recreation vehicle parking would be eliminated. After the amortization period is passed, all future recreation vehicle parking would be required to be in compliance with the new regulations. If the City Council determines that modifications should be made to the existing off- street parking regulations, Staff will prepare an agenda statement and ordinance and bring them before the Planning Commission for review and return to the City Council for two public hearings. The new ordinance would then be in effect 30 days after adoption. Mayor Lockhart read a statement submitted by Julie Whitney. "_I'm very concerned about the possibility of the law changing not allowing £V parking on our own property. We have an £V (a newer one) that fits in our driveway. I feel we should have the right to park any vehicle we want on our ow~ property. I don't think any changes should be made to the existing law." Atene Lewand, Glenoaks Way, stated she has been a homeowner in Dublin for 2 $ years. When they bought a motor home they contacted the City to follow the regulations and paid $500 for a bond. It is 10' back from the sidewalk and behind a fence. She feels they are in accordance with the ordinance right now and it would be very inconvenient if they are not. They don't want to have to pay a storage fee and chance vandalism. She asked how they will be notified if there are public hearings. Maybe this new ©IS system could print out a mailing list on this. Mayor Lockhart explained all the noticing -we do. Before any changes are made it will go back before the Planning Commission and the City Council. It will be thoroughly advertised. Brian Larson, Galindo Drive, stated he saw his house, on one of the pictures displayed. It was the picture that showed two motor homes parked side-by-side. Staff says they are both legal, but actually, they are both illegal. C~TY C©UNC~L ~d~NU'TES V©LU}~!E 22 REGULAR NiEET~NG ]?'AG~ 400 Mr. Byde stated he did not take the Picture, commented on the perspective, and stated he appreciates him pointing this out. Mr. Larson stated he bought this house because it had a slab. The slab goes all the way back. If there are any changes to the ordinance, there will be big problems. Donna McTee, Portage Road, stated she moved to Dublin 3 years ago and has owned a business here for 13 years. She would like to see the ordinance stay as is. She currently has a 22' Class C motor home and it fits in her driveway with the 1' needed space. She spoke to Cm. Zika about expanding this distance. Fortunately, she can put hers in the back yard but this is not fair to her neighbors who don't have the space. She spoke to a lot of neighbors today and let them know this was coming up. If you force people to move them out from their homes, they will have to move them to the. street to load and unload them and there will be cords stretched across the front. If your neighbors don't have a problem, she did not understand what the issue is. Adding additional footage she did not feel would work. There are a lot of owners out here who will not be happy being told what they can't have in their driveway. Roxanne Mohandro, Honey Court, stated the pictures are all San Ramon Village. There are some bigger RVs up in Silvergate. She has lived here 39 or 40 years and in her current home for 20 years. In 1991 they complied with the ordinance and spent quite a bit of money pouring a driveway. Right now, they cannot financially afford to comply with this. There is no space around here to store motor homes. Will the City Council send out things so they can find space? Dan Rodrigues, Ione Way, stated he has been a resident over 35 years and Dublin is a nice city to live in and it is informal. Three or four years ago, the City enacted an ordinance to control RVs for on-site storage. The Planning Commission previously reported only 20 complaints filed in 2002 and when investigated, most were satisfactorily resolved. There is no real need for changes to the ordinance. Unusual situations should be looked on a case-by-case basis. Continued violations could be dealt with by fines. Don't punish those people who play by the rules because of a few who don't. One foot away from the sidewalks is no more dangerous than shrubs. Jon Carlson, Edenberry Place, stated they have been residents for over 20 years and have a Class A motor home in their driveway. They can't move back any further. This would be a very big inconvenience for them. Storage is not available in Dublin, and Pleasanton is extremely expensive. Judy Jentzen, Bandon Drive, stated she has lived in Dublin about 25 years. She recently became an RV owner and for awhile she parked it in Livermore which was very inconvenient. She looked at putting it in her side yard on a pad behind the fence. She didn't understand the yellow and blue thing. Owning an RV is the American dream and if you take that way, some people will be very unhappy with the City Council. There are a lot of people who didn't hear about this meeting. Mayor Lockhart stated she had concerns about the side yard thing. A lot of people are pouring pads and not encumbering the sidewalk and she didn't understand why it can't cross between the blue and yellow zones. Mr. Byde read from the Ordinance and stated you can't have a ¢' high fence in your front yard. Mayor Lockhart stated she felt the language around screening could be looked at. She explained that the reason the City Council is looking at this was because people brought pictures of RVs that were intruding in people's lives. What the Council is trying to do is look at both sides of the issue and try and come up with solutions. She clarified the City Council is not picking on anyone and is certainly not trying to ban motor homes in Dublin, contrary to some information going around. Cm. Zika stated the people that called him say it is a safety issue. We should craft an ordinance saying you have to have it 5' back, but it can be in the yellow and/or blue zones. Cm. Sbranti stated he agreed with the blue/yellow issue. He felt a 5' setback would be too much. Intent was to try to regulate some of the large units. Bigger concern was street. He suggested they look at modifications regarding size and height. Vm. McCormick stated she was not concerned with Class B and C, but a 45' recreational vehicle does not belong on Dublin residential property. These are the ones that need to be addressed. With the others, people have done their best. The big ones we need to look at. She stated she had no problem with yellow/blue zones. Mr. Ambrose stated staff could talk to building and fire people related to potential health and safety issues and report back. Cm. Oravetz stated he felt we should keep the ordinance as is and enforce it, but look at the yellow/blue issue. CIiTY C(IIiNC[L REG~U-LAR MEEi'iNG ?AGE Mr. Ambrose discussed the fact that we respond on a complaint basis. If there are issues not being reported, we are not going out and looking for violations. Mayor Lockhart stated they could look at height and length to determine what could fit in a driveway. Some people could accommodate them in their back yards. Vm. McCormick commented neighboring cities don't allow this at all. It looks like 25' is the maximum allowed by other cities. Cm. Sbranti pointed out that right now we have the most liberal standards. He suggested we set standards and write into poticy where someone could go before the Planning Commission to get a variance from the policy. Is this legally possible? Mr. Byde stated some kind of discretionary action with a set height and length and perhaps a CUP could be approved. Cm. Sbranti stated he would like to have a standard, but with the ability to have the Planning Commission look at possibly approving it, if it is over 2 5'. Cm. Zika asked what the findings would be to allow? Aesthetics get subjective. Mayor Lockhart stated it should revolve around safety issues. Cm. Zika stated the resolved 1' setback is fine. Eliminate yellow/blue - if it fits. If you allow 1' setback, you have to set some kind of limit on size. Cm. Sbranti talked about 30' length and 10' height. This would still make us the most liberal in the valley. If someone didn't meet this standard, they could apply for a CUP. Vm. McCormick stated she felt $0' and 10' is very generous. Cm. Oravetz stated he felt this is a good thing. Planning Manager Jeri Ram stated if you talk about different lengths, it is difficult to enforce because we can't go on the property. The yellow and blue areas can be seen from the right-of-way. Cm. Sbranti ask how other cities can enforce. Ms. Ram stated they probably go onto next door property. C~T!~ COUNC:~L M~NUTES 'VOLUME 22 Phil Brinlee, Tamarack Drive, stated he doesn't have an RV but if you set a limit, you need to have some education on sizes. Just because we have the most liberal guidelines isn't a reason to necessarily change them. A person who failed to complete a speaker slip stated he lives on the corner of Shamrock Place and can put a 55' motor home in his yard that you can't see. With a front yard adjustment, getting them out of the front yard is sufficient. If both neighbors have them, however, fire people can't get back there. Ray Coffee (no speaker slip) stated he felt the way to get around yellow/blue zone issue is yellow should be able to encroach into the blue zone. Kendall Crismon, Galindo Drive (no speaker slip) stated a few years back, the Zoning Officer left a letter saying his was illegal. It was on gravel at the time. Since that time, he has poured concrete. His home is very well taken care of. His motor home is 34' long and 11.7' to the top, Class C. He bought this motor home in 1995 and this is the third one he has had. We are trying to change the boat in the middle of the lake. When you go to Dublin Ranch, you can't even fit a decent size car on the driveways. If you put a height limit on him, where does he go? Dublin doesn't even have any storage you can go to, to put RVs. They will have to go and let some other city get the revenue. The Dublin Fire Department gave him a letter saying his was okay. Mayor Lockhart stated a survey was done in west Dublin on 24 streets. Six mobile homes were properly parked and 5 improperly parked. Thirteen boats were properly parked and 23 improperly parked. There is an issue out there and they are trying to address it. Cm. Zika suggested having staff address the ordinance to get rid of the blue/yellow line and 1' back from the sidewalk and whether eliminating blue/yellow line is a fire or safety hazard. Staff to research size and what safety/visual impacts might be. Send the existing ordinance back to staff who will research background information related to the importance of yellow/blue line and if there is a safety issue and do research on size (is 10'/30' appropriate) and what impact this could have on visual safety. Mayor Lockhart asked if they can make this more lenient and have a place where people can park C}{TY C©UNC~L MEN-UTES REG ~SLAR MEEIING June ~% 2e03 PAGE 404- Cm. Sbranti added Staff should look at a potential process for CUP - under what guidelines could someone apply for CUP - if we limit the size. He felt it important that there is an opportunity for exceptions. People could register their vehicle and if we change the rules, this could be problematic. Grandfathering could be looked at to determine how to deal with specific cases. Other issue is if we do look at height and size limitations, look at what a CUP process would be in order to get a CUP. The City Council stated they were not ready to recommend changes to the ordinance at this point. Mr. Ambrose asked if staff should go to the Planning Commission with these issues, or come back directly to the City Council? Vm. McCormick stated she felt it would be good to get comments from the Planning Commission. Mr. Ambrose asked if staff should go with a report or with an ordinance? Mayor Lockhart stated she felt we should ask them if they feel a change in the ordinance would be warranted. They could make recommendations to the City Council. Mark Cooley (no speaker slip) stated he has lived here since 19¢7. He commented the survey may be wrong, since two of the pictures shown were wrong. RECESS 9:21 p.m. Mayor Lockhart called for short recess. At 9:28 p.m., the Council meeting reconvened with all Councilmembers present. ON-STREET PARKING OF OVERSIZED VEHICLE ALTERNATIVES 9:28 p.m. 7.2 (570-20) Assistant City Manager Joni pattillo presented the Staff Report, which was additionally prepared Lieutenant Glenn Moon, Dublin Police Services, and Marnie Waffle, Assistant Planner. CET¥ C~!)UNC~.L M~NU'TE8 V©L~JME 22 Ms. Pattillo discussed the Oversized Vehicle Committee appointments and meetings and recognized Committee members: Bob Abbey, Robert Branaugh, Lisa Trujillo, Sam Wills, Chris Moll©r, Bill Burnham, Gaylene Burkett and Beth Howard. She also recognized Lt. Glenn Moon and Marnie Waffle. Several alternatives were presented, along with the pros and cons of each, including: Alternative 1 - Adopt the Proposed New Ordinance (as recommended by the Oversized Vehicle Committee). The provisions of a new Ordinance were discussed, which would require the movement of identified oversized vehicles from the City streets for a minimum of 48 hours. The ordinance would allow 48~hour preparation and cleanup period for oversized vehicles parked in front of owner's residence, and ordinance would allow 5-day guest parking for oversized vehicles. If the City Council direction is to proceed with Alternative 1, the following identifies the next steps: 1) Staff to publish/post Public Hearing Notice introducing the proposed Ordinance for minimum of 10 days; 2) Staff to bring back the proposed Ordinance for City Council consideration; $) Staff to develop a public education campaign if the proposed Ordinance is passed; and 4) Staff to develop an operating procedure on the issuance of the 24-hour resident and 5-day visitor permits. Alternative 2 - Amend the Existing Ordinance (to include a provision that would prohibit the parking of any vehicle, motorized or non-motorized, which is 6' or more in height, within 45' of any intersection within the City of Dublin). If the City Council direction is to proceed with Alternative 2, the following identifies the next steps: 1) Staff to publish/post Public Hearing Notice introducing the amended Ordinance for minimum of 10 days; and 2) Staff to bring back the amended Ordinance for City Council consideration. Alternative 3 - Community Education (no change to the existing Ordinance). If the City Council direction is to proceed with Alternative 3, the next step would be for Staff to develop information pamphlet and distribute them when complaints are received regarding the violations of the current 72~hour on-street vehicle storage. Alternative 4 - Maintain the Existing Regulations. If the City Council direction is to proceed with Alternative 4, there would be no further steps required. Vm. McCormick asked about the 5 day guest pass. Would they be allowed to occupy the motor home? Ms. Pattillo replied no, this is against the law. It is a health and safety issue. CN'Y C©UNC~L P~NUT£S PAGE 4,06 Cm. Sbranti asked what is done to discern the weight of the vehicle? Lt. Moon stated currently, commercial weight is 6,000 lbs., and most agencies look at 5 tons as being the maximum allowed in a residential area. You can usually average it by the manufactures. Commercial weight limit and RVs are two separate issues. Cm. Zika asked if the 5-day visitor permit would be per month or per year or what? Lt. Moon replied it could be once in a 30 day period and they have to live outside the City limits of Dublin, at least 50 miles away. Mayor Lockhart read a statement submitted by Gaylene Burkett, Burnham Way: support the new Ordinance for Oversize Vehicles." Mayor Lockhart read a statement submitted by Denise Watts, Frederiksen Lane: I support the new orcb'~ance." Mayor Lockhart read a statement submitted by Jefrey Watts: "Isupport the formation of an ordinance prohibiting the parld~$ of oversized vehicles on residential streets. Simply put, this is an issue oIpublic safetX. The larSe, solid vehicles block driver's siShtlines, makin$ bacld~$ out of driveways and two cars passin$ a danserous and potentl'ally deadly hazard." Mayor Lockhart read a statement submitted by Yvonne Nickles, Burnham Way: 'Ur support to amend the oversized RV ordinance." Mayor Lockhart read a statement submitted by Margarita Watts, concerned driver: support the oversized vehicle ord." Mayor Lockhart read a statement submitted by Neighborhood Watch Group from Frederiksen Lane area: 4people support ordinance" Mayor Lockhart read separate statements signed by: Cindy Youn$ & Ken Youn& IOthleen Robinson ~ Robert Knabe, jo Anne HaIler, Catherine Groenewold & pavidj. oroenewold - I/p?e support t.~e proposed new ordinance repealin$ and replacin$ section 8.04-.430 reSarcb'n$ on-street storaSe of vehicles and repeal and replacement of other affected sections of the Dublin Municipal Code." Y©LU ~k4~E 22 PAGE 4.07 Mayor Lockhart read an unsigned statement which was submitted with two pictures of an RV, one captioned "Please note proximity to £ire hydrant'; and one captioned ''Please note dangerous visibility blockage out of driveway in front of RV':' "I called three RV storage places today~ ail in Dublin. Ail three had available gVstorage. Dublin Security Storage had 13 various sized spaces from 33 feet long to 30 feet long. Dublin U-haul had $ spaces available 10 x 30, 13 x 30 and 13 x 40. Dublin Self Storage has 3 10 x 30 spaces and their sister company in Livermore has a dedicated £V storage facili& with many spaces avmlable. Those were the only three I checked with, there may be more storage available in Dublin, but they all had vacancies. Roxanne Mohandro was called on to speak, but had apparently left the meeting. John T. Collins, stated alternative 4 says maintain existing regulations but not address the safety issues of on-street parking. Imagine his surprise when he learned there were less accidents than where the view was clear. A bad current ordinance is worse than a worse new one. The ordinance itself got state of emergency added to it. This misses the point entirely. If we have a huge earthquake, he could probably not get to it so the food he could provide to many people wouldn't be there, because his RV isn't there. In the event of a serious emergency involving terrorists, the RV might not even be there. Phillip Brenlee, Tamarack Drive, admitted he has an illegally parked vehicle. The proposal of alternative 1 seems to be unenforceable. He is concerned about safety. His vehicle is :32' long and 13 V2' tall. He parks in front of his house even though this is illegal. He doesn't get complaints from his neighbor. Alternative 2 is much better. Alternative $ is fine with him, which seems to be a do nothing thing. He stated he doesn't like Alternative 4. People that wrote the original letter deserve resolution. He has a satellite broadcast truck and provides news. If for some reason he is no longer able to park his vehicle at his house, he will have no employment. He urged the Council just don't do nothing. Dan Rodrigues stated some of the people who visit may have rental motor homes and also 10,000 lbs is not very much weight. Cm. Zika commented on wanting to get the RVs off the public street. Cm. Sbranti commended the Committee. He agreed with Cm. Zika. We are looking at ways to allow for off-street parking of these vehicles, but from aesthetic and safety issues of neighborhood, the guidelines are reasonable. He stated he would also like to see community education. When we get our offNstreet regulations, the education should include both. Go forward with education program. C.~T¥ CO~iNC~L ~i~N'UTE8 VOL'U?:IE 22 REGULAR '~iEEI'~NG ?AGE 408 Cm. Oravetz concurred with Cm. Sbranti and Cm. Zika and stated he likes the new ordinance. The72 ~hours rule always bothered him. Vm. McCormick stated she also supports alternative 1 and likes it that the Committee drafted it. She also likes the idea of including community education with it. Mayor Lockhart thanked the Committee. They did an exceptional job. There were a variety of opinions and they came together with various opinions. She stated she likes seeing the visitor provision. She will also support Alternative 1 with a public education aspect. Cm. Sbranti would also like to see off~street education as part of this. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council accepted Alternative 1, with steps outlined in Staff Report. (Staff to publish/post Public Hearing Notice introducing the proposed Ordinance minimum of 10 days; Staff to bring back the proposed Ordinance for City Council's consideration; Staff to develop a public education campaign if the proposed Ordinance is passed; and Staff to develop an operating procedure on the issuance of the 24-hour resident and 5-day visitor permits) FAIRWAY RANCH AFFORDABLE PROJECT 9:59 p.m. 7.3 (430~80) City Attorney Elizabeth Silver presented the Staff Report. This agenda item was to update the City Council on discussions Staff has had with the Lin Family's representatives and representatives of potential lenders related to the issue of subordination. The informational Staff Report addressed: Proposed Multi~Family, Senior and Condominium Housing Projects; City's Inclusionary Zoning Regulations and Density Bombs Ordinance; Proposed Financing; What is Subordination and what would its impact be on the proposed Fairway Ranch Project; and Status of Discussions between Lin Family and Staff. Martin Inderbitzen, representing the Lin Family, offered a heartfelt thank you to the City Council for helping them move this project forward. Focus and dedication has allowed C~TY C(~iUNC~{L M~N!8~TES them to get this far. They usually work through the differences to come through with a project to receive the best result for the City. He added thanks to Eddie's group. The project is great and provides all the affordability that the community needs. This project will be highlighted across the region. This issue of subordination is right up there with issues hard to deal with. They hope to work through this. They had people from Fannie Mae come to meet with the City to work on this. He received a letter yesterday from Fannie Mae stating they would agree to what was discussed. They will continue to work through this issue. They feel this is a success story. They've overcome tremendous hurdles with the processing and are counting on the City Council being very impressed when the project comes before them. He stated both he and Jim Tong are very happy to get Fannie Mae to this position. Mayor Lockhart stated they are all impressed with the way they have worked with staff to come up with this amenity to the community. The 55-year affordability issue is very important to the City. JOINT-ALLIED AGENCY DUI ENFORCEMENT CAIJ¥ORNIA OFFICE OF TRAFFIC SAFETY (OTS) GRANT 10:12 p.m. 8.1 (580-40) Police Services Lieutenant Glenn Moon presented the Staff Report. This is a win/win situation. The California Highway Patrol was recently awarded a National Highway Traffic Safety Administration grant through the Office of Traffic Safety. This grant provides overtime to supplement driving under the influence (DUI) enforcement efforts through sobriety checkpoints, DUI task force operations, and proactive roving DUI patrols. As part of this agreement, Dublin Police Services, in partnership with the CHP and the Pleasanton Police Department would participate in a series of jointly staffed sobriety checkpoints and/or roving patrols and task force operations. The overtime hours accrued by DPS would be reimbursed by the CHP through their OTS grant funding. Cm. Sbranti commented on the Labor Day weekend checkpoints and asked about the 4 of July. Lt. Moon responded they don't have. any checkpoints scheduled for 4th of July, but will be doing regular enforcement. They will be dealing mainly with fireworks issues. Checkpoints could be any weekend. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO.'~35 - 03 AUTHORiZiNG EXECUTION OF A JOINT AGREE~ENT SUPPORTING THE CONCEPT AND EFFORTS OF THE CAMFORN~A HIGHWAY PATROL TO CONDUCT A DR~V~NG UNDER THE ~NFLUENCE (DUI) TRAFFIC SAFETY PROJECT AMENDMENT TO CONSTRUCTION TRUCK ACCESS AGREEMENT WITH WINDEMERE BLC LAND COMPANY, LLC~ A CALIFORNIA LIMITED LIABILI~ COMPANY 10:16 p.m. 8.2 (600~30) Public Works Director Lee Thompson presented the Staff Report. The developer of the Windemere Ranch project, located within Contra Costa County, intends to continue using Dougherty Road within the City of Dublin as a truck access route to haul heavy equipment and materials to the project site through June 2004. Under the current agreement, the developer agreed to compensate the City for any pavement damage to Dougherty Road within Dublin caused by the project truck trips to the site during Phase 1B construction. Concurrent with the execution of the amendment to this agreement~ the $100,000 Faithful Performance Bond that was previously issued in favor of the City with the original agreement to guarantee compensation for pavement damage to Dougherty Road will remain in effect. This item extends the existing agreement between the City and Windemere BLC Land Company to require this developer to provide videotaping surveys on Dougherty Road and to guarantee compensation to the City for pavement damage to this street as a result of heavy truck traffic to the Windemere Ranch Development site. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. '~36- 03 APPROVING A~'~ENDMENT TO AGREEMENT W~TH WINDEMEP, E BLC LAND COMPANY LLC OTHER BUSINESS 10:g0 p.m. City Manager Ambrose reported that there is a rally to protest state cuts to local government tomorrow morning at 10 a.m. on the steps of the Oakland City Hall. The coalition, Leave Our Community Assets Local (LOCAL) is sponsoring the rally. Mr. Ambrose advised that we received notice from the County regarding the Juvenile Justice Facility committee roundtable meetings on July 9th and 10% The Steering Committee will then be meeting on July 21 st at 3 p.m., location to be determined. Mr. Ambrose advised that tonight we provided on a trial basis the use of a timer. This is on a 30-day trial basis. He asked for Council input. The City Council indicated they felt it worked well. Cm. Sbranti asked if there could be a start/stop process in case the City Council wanted to ask questions of a speaker. Cm. Oravetz reported that on Thursday, there will be an East Bay Division meeting at Mudd's Restaurant in San Ramon. Professor of Political Science Bruce Cain w/Il be the guest speaker. Cm. Oravetz reported good news from LAVTA, they have a balanced budget. All the routes in Dublin are maintained. Next year it doesn't look too good, with a possible $1 million shortfall. C~TY CO'UNC~L VOLUME 22 REGULAR MEETING Cm. Zika stated he had an opportunity to represent City Council at the Relay For Life event. This was a very successful event. Cm. Zika reported that last Saturday at an MTC conference they discussed regional transportation problems through 2050. There is nothing for us out here with our 1-580 and I~¢80 problems. Cm. Sbranti stated he attended an Alameda County Library Board meeting earlier this month. We are the envy of everyone with our new library. This is a testament to the will of the City Council and Staff. Cm. Sbranti reported that the Alameda County Fire Advisory Commission had a graduation for their volunteer program and this is a great segway to a career in fire protection. He was also at Relay For Life. This was a great event. He met with the cultural arts committee for 5 cities. They hope to do some kind of a guide that would promote all events equally and to get help and cooperation from the Convention & Visitors Bureau. Vm. McCormick advised that she chaired the Alameda County Housing Authority and reported that SB 345 will be coming before Ellen Corbett's committee next week. This bill really restricts tenant screening for tenant housing. It will seal the records whether or not the landlord prevails. It restricts evicting tenants when there is drug activity. This is not good for us. As chair, she will contact Ellen Corbett on this and would also like to mention that she is on the Dublin Housing Authority Board. Cm. Zika suggested if she drafts a letter, they could individually sign it. Cm. McCormick reported that Floyd Shreeve (Gregory's father), who has been a Dublin resident for 40 years, and very active in the Boy Scouts and DHPA, is leaving Dublin. He is going to remarry and move to Minnesota. She congratulated hint and wished him well. Mayor Lockhart commented on the minutes from the Dublin Unified School District liaison meeting related to the homework club/tutoring program prepared by the Superintendent and stated this bothered her. The discussion included the fact that a lot C~T¥ COUNCIL M~NUTES YQLLTME 22 REGULAR NiE ET~.NG of parents want a place where children can go and get tutored. The minutes do not clearly reflect the entire discussion. She will keep this on the agenda every time they meet. CLOSED SESSION At 10:33 p.m., the Council went back into Closed Session to discuss items 2 and 3. REPORT ON CLOSED SESSION ACTION There was no reportable action. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:35 p.m. ..... !-' / -"f j,? Mayor C~TY COUNC'~L ¥OLUi55E 22 REGULAR MEETING J~.;~,e J_7, 2003 ?AGE 4t 4,