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HomeMy WebLinkAbout4.01 Draft Minutes 08-19-1997 . . . REGULAR MEETING - August 19, 1997 A regular meeting of the Dublin City Council was held on Tuesday, , 1997, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:05 p.m., by Mayor Houston. + ROLL CALL PRESENT: ABSENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. None . + PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. + Mayor Houston announced that the order of the agenda would be rearranged due to the fact that the public hearings were noticed to begin at 7:00 p.m. + INTRODUCTION OF NEW EMPLOYEE 6:06 p.m. 3.1 (700-10) Lou Ann Texeira introduced the City's newest employee, Computer Systems Specialist James Slaughter. This is a new position approved ,recently. Jim comes to us from Johnson Controls where his service territory was all of North America. Jim thanked the City Council for welcoming him to the community. It's nice to get up in the morning and not look for a suitcase. + CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 325 iTEM NO. 4. J. ~ 6:07 p.m. Mayor Houston announced that the City's new Internet Website was up and running and stated Staff and the City's Consultant would give the citizens an update on this. Steve Honse stated the Website actually debuted on August 15. Jim Chapin with Citilinks gave a live demonstration and explained that the computer was actually on the Worldwide Web tonight. He eXplained each screen as it appears to anyone accessing the site. There are 5 main sections: Government; Services; Recreation; Community and Business. City's Website 080-10) . The City's first two e-mails were read. ''From: Paul29C@aoLcom Subject. Congratulations Date: Saturday, August 1 ~ 199712:57 p.m. Mayor Houston and City Council Members7 [have just checked out your new web page and it is GREAT. [am looking fOLWaro to keeping abreast of what and how things are happening in the city. . . You certainly have taken an important step in to the future. [love i~ Love i~ WVE rr. Paul C Moffat~ Citizen" ''From K1Dyer@aoLcom Subject: Re: Website Date: Monday, August 1 ~ 199723:29. Congratulations on a well-done7 interesti11& infonnative and good looking website. I especially like the posting of the, City Council agendas and minutes. Karen Dyc17 (address . and telephone number). " + 6:16 p.m. Bonnie Henderson & Sue Hartmann, representing the Arbor Creek Homeowners ASS08iatiol1 stated they were present due to homeless men that seem to make Arbor Creek their home'. They have been told by the Police Department that they need to confront these individuals and that they could then potentially get them for trespassing. A lot of single women live there and are very uncomfortable in confronting them. They climb over the pool fence and use the restrooms there. They are living in the dumpster areas. Ms. Henderson inquired as to what the laws are related to vagrancy and what the Council is going to do to prevent this in the future. Arbor Creek Trespassers (580-20) Mayor Houston stated he had received calls from the area of The Springs apartments in the past and his understanding was that a complaint has to be made. . CITY COUNell. MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 326 . Lt. Farruggia stated the first thing the Police will have to do is locate and contact the individual. Quite often, unfortunately, all we end up doing is force them to locate somewhere else in the community. He was not sure why a deputy wo~ld want the citizen to be the up front person. Once Police Services can identify where the problem area is, they can make patrol checks, explain trespassing laws, etc., but a misdemeanor has to occur in their presence. This is where the citizen has to get involved. He will take whatever information they can provide and will cove.r the bases and put violators on notice and advise them what will happen if the violations continue. Generally, this is enough to get the person to move on. They can make an effort to get the individual out of Dublin. + CONSENT CALENDAR 6:22 p.m. On motion of Cm. Barnes, seconded by em. Burton, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of August 5, 1997 (Cm. Howard abstained) ; . Received (4.2 100-80) Report related to the status of the 1997 Goals & Objectives; Received (4.3 1000-60) Report related to Water Quality fines levied on two local developers for violations of the Clean Water Act; Accepted (4.4 600-30) improvements under Contract 97-03, San Ramon Road Landscape Repair and Silvergate Drive Median Landscaping Project; authorized $1,257.80 payment to Herzer Landscaping, Inc., for their final invoice and directed Staff to release retention of $10,391.10 after 35 days if there are no subcontractor claims; Adopted (4.5 600-30) RESOLUTION NO. 102 - 97 APPROVING A CHANGE ORDER FOR THE DUBUN BOULEVARD WIDENING CONTRACT NO. 95-01 . and accepted this project as complete and authorized retention payment of $136,397.83 to Redgwick Construction Company after 35 days if no claims are made to the contract and directed Staff to file a notice of completion; and appropriated CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 327 $104,922 from Unallocated General Fund Reserves, transferred $90,000 from General . Fund monies unspent in the Street Maintenance Operating Budget for the Overlay Project and appropriated $107,978 from Fund 300 (Developer Contributions) as-yet uncollected fees from developers (Hansen Hill-Phase II, Gleason and Schaefer Heights projects) to the 1996-97 Capital Improvement Budget for the Dublin Boulevard Widening project. Approved (4.6 300-40) the Warrant Register in the amount of $432,942.61 + APPOINTMENTS TO THE LIBRARY PLANNING TASK FORCE 6:23 p.m. 7.1 (110-30) Parks & Community Services Director Lowart advised that a total of 16 applications were received by the August 8 deadline from people interested in serving on the Library Planning Task Force. Applicants include: Roy Bertuccelli, Michael Bischoff, Beth Brizee, Tanya Marie Clark, Michael M. Curry, Karen Dyer, Linda Ferris, Gina Marie Gabriell, Betty Hudak, Sonya Hveem, Steven Jung, Claudia McCormick, Steven McMoyler, Paul Moffatt, Connie Spence, and Michael White. In addition, it is recommended that Cindy Cobb-Adams be appointed as a representative of the Parks & Community Services Commission. City Recreation Supervisor Bonnie Leonard will . provide City Staff services to the Task Force and the Alameda County Library Staff will include Joy Cadone and Pat Zahn. Two additional residents were present in the audience and would like to get on the Task Force. Ms. Lowart explained that two of the applicants, Linda Ferris and Steven Jung were on the original 1993 Library Planning Task Force. Ms. Lowart stated it is anticipated that the first meeting will be held the fourth week of September. Cm. Barnes stated she would rather see people do only one of the task forces and not both. She would like to see a Councilmember assigned to each also. Mayor Houston suggested that maybe the first thing each Task Force should talk about would be the time commitment and then each person could decide if they are willing to make that time commitment. If someone had the time, they would serve on all three task forces. This would be quite a busy schedule. Hopefully, people would be wise with their time. . CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 328 . .' . . Cm. Barnes asked that we take everyone who has indicated an interest. It's great to have so many people interested. Mayor Houston stated Mary Gibbert should also be added. Cm. Barnes stated she would like to serve on this as the Council's representative. Cm. Burton felt the response is very indicative of the people we have in Dublin. It's marvelous. Cm. Lockhart stated there's no such thing as a bad volunteer. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council approved the appointments to the Library Planning Task Force with the addition of Valerie Raymond and Danny Raymond. + APPOINTMENTS TO THE CITY PARK TASK FORCE 6:28 p.m. 7.2 (110-30) Parks & Community Services Director Lowart presented the Staff Report and advised that a total of 32 people had applied to serve on the City Park Task Force. Applicants include: Eric Anderson, Selena Anderson, Michael Bischoff, Del Bromley, Mary Louise Bullock, Mike Busbee, Lynn Busbee, Bob Cocilova, Rene Decool, Louis Dela Cruz, Sue Frantz, Richard Gallagher, Richard Guarienti, Cindi Hagley, Brian Hirsch, Sonya Hveem, Norbert Hudak, Patricia M. Lee, Duane Legins, Danny Lin, Sem Lin, Jeff May, Bret ~ililler, Paul Moffatt, Lisa O'Hara, Christopher Rood, Daryl Thomas, Marcia Wampler, Jane Wong, George Zika. Ms. Lowart explained that Carl Cubillas, who is not a Dublin resident, applied in order to represent the interests of South Valley Youth Football. If the City Council desires to only have Dublin residents on the Task Force, Mr. Cubillas has indicated he would find. another South Valley Youth Football Representative who resides in Dublin to take his place on the Task Force. Also, Bill Conklin submitted an application after the agenda was distributed. Ms. Lowart stated in addition to the above applicants, Staff recommended that representatives from the Parks & Community Services Commission, the East Bay Regional Park District and the Eastern Dublin Development Community be appointed to the Task Force. Suggested representatives are: George Cramer, P&CS Commission, Brian Weiss, EBRPD, Stuart Cook, Alameda County Surplus Property Authority, Bryan CITY COUNCIL :MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 329 McKean, Summerhill Homes, Ted Fairfield, Martin Inderbitzen, and Dave Chadbourne,. Dublin Ranch. Staff anticipates that the first meeting of the Task Force will be the fourth week of September. Interviews with park consultants who will provide professional design services will be held the second week in September and a recommendation on the consultant will be brought before the City Council no later than October 7, 19-97. Cm. Howard stated she would be happy to be the Council representative on this Task Force. Cm. Lockhart felt the representative of South Valley Football should be a Dublin resident. She would feel more comfortable because all others are residents. The Council concurred. Cm. Burton stated he was particularly impressed with this list. It is a good balanced group. He quoted a comment made by one of the applicants, "Dublin is a vibrant and dynamic entity". On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council approved the appointments to the City Park Task Force. + . SALE OF PUBLIC PROPERTY REMNANT PARCELS FROM DUBLIN BOULEVARD EXTENSION ACQUISITION 6:33 p.m. 8.1 (670-80) Economic Development Manager Reuel presented the Staff Report and advised that as part of completing the Dublin B~ulevard Extension, two small parcels of land were left .. over as excess property on the north side of Dublin Boulevard. The two parcels are contiguous and represent 22,337 square feet. IHOP Corporation has expressed interest in purchasing the parcels for the development of a 3,970 square foot IHOP restaurant at Dublin Boulevard and Dougherty Road. The purchase price is $245,000. Mr. Reuel explained. that the purchase and sales contract establishes a 60 day feasibility period that allows IHOP to conduct tests and surveys on the property. At the end of the 60 day feasibility period, they would submit an SDR application. Plans for a building permit would be submitted no later than 30 days after getting approval of their SDR application. Closing on the property would happen within 10 days of completion of items 6-10 in the contract. CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING Au~ust 19, 1997 PAGE 330 . . . . Mr. Reuel displayed an overhead of the project site and stated we think we have the m~kings of a fine development on this somewhat difficult corner. Cm. Burton asked if this is a full menu restaurant. Mr. Reuel responded yes, it's breakfast, lunch and dinner and will cater to the Holiday Express with their 91 rooms. On motion of em. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council authorized the Mayor to sign a Purchase and Sales Contract with IHOP Realty Corporation per the terms and conditions of the contract. + OTHER BUSINESS 6:40 p.m. League of CA Cities Conference (140-20) Mr. Ambrose stated anyone wishing to attend the League of California Cities conference in San Francisco in October should let Kay Keck know so that proper reservations can be made. . Council Liaison Meetings (610-05) Mr. Ambrose reported that Staff is in the process of working on dates in order to schedule a Zone 7 liaison meeting and an East Bay Regional Park District liaison meeting. . Mape Memorial Park Dedication (950-40) Mr. Ambrose reminded everyone of the Mape Park dedication this Saturday. . State Budget Impacts (330-80) Mr. Ambrose reported that the State Budget net result is no impact on our budget either positive or negative. . CITY COUNell. MlNUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 331 IMAX Theatre (420-10) . Cm. Lockhart reported that she was in Anaheim a couple of weeks ago and went to the Irvine Spectrum and it was very impressive and this is what's coming to Dublin. Lots and lots of people were there. . Concert at Civic Center (950-40) Cm. Barnes stated it was a wonderful evening Friday night and nice to see so many people utilizing our beautiful facility. People were actually coming inside and seeing how beautiful the building is. The music was good and it was lots of fun. Staff did a fantastic job. The Council looked forward to four rpore for next year. Thank you very much to Staff. . City's Website (180-10) Cm. Barnes commented that the City's Webpage looks great. The other cities don't compare to ours. ' . . Affordable Housin$ (430-80) Cm. Burton stated he was asked to bring up a subject of concern. Senior housing has become an issue and people have to go to the valley. He spoke with the City Manager about this~ This may mean mobile home parks or senior condominium projects. Staff's agenda is so heavy with development. We should spend some time and concentrate on this and look at some low cost housing. He explained that at this time we must let Staff complete some of the current items. Mayor Houston felt with the City's inclusionary housing ordinance there may be some opportunities in the future, not only for senior citizens, but young families as well. . TCI Franchise Services 0050-30) Mayor Houston ask for an update on TCI and them being able to link up to City Hall to have live broadcasts. CITY COUNCll. MINUTES VOL~ 16 REGULAR MEETING August 19, 1997 , PAGE 332 . . . . Mr. Ambrose stated we have talked to them but gotten no response. Possibly at the next City Council meeting we can provide an update. + RECESS ., At 6:46 p.m., Mayor Houston called for a short recess. + CLOSED SESSION 6:55 p.m. 10.1 & 10.2 (640-30) The Council recessed to a closed session to conference with Legal Council - Anticipated Litigation - initiation pursuant to subdivision (c) of Government Code Section 54956.9 - One potential case - AND - Pending Litigation - pursuant to Government Code Section 54956.9(a) - Becker vs. Dublin, Alameda Superior Court No. V-012743-1. REPORT OF CLOSED SESSION ACTION No action was taken. + 7:17p.m. The public portion of the meeting was reconvened with: all Councilmembers present. + PUBLIC HEARING VILLAS AT SANTA RITA DEVELOPMENT AGREEMENT PA 97-007 7:17 p.m. 6.1 (600-60) Mayor Houston opened the public hearing. Associate Planner Ram presented the Staff Report and advised that an ordinance is being proposed which would approve a DevelopmentAgreement between the City of Dublin and the Alameda County Surplus Property Authority. The Villas at Santa Rita is a 324 unit apartment project located on approximately 11.9 acres of land at the northeast corner of Dublin Boulevard and Hacienda Drive. The DA is required by the Eastern Dublin Specific Plan. Items included in the DA include, but are not limited to, the financing and timing of infrastructure, payment of traffic and public facilities impact fees, dedication of park land, and general provisions. The DA is effective for a period of 5 years from the date it is recorded. . , CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING Audust 19, 1997 PAGE 333 No testimony w~s entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. . On motion of em. Burton, seconded by em. Barnes, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance and continued the item to the September 2, 1997 City Council meeting. + PUBLIC HEARING - PA 95-027 COMPREHENSIVE REVISION OF THE DUBLIN ZONING ORDINANCE 7:20 p.m. 6.2 (450-20) Mayor Houston opened the public hearing. Community Development Director Peabody gave opening remarks. This has bt1en a high priority for the Council and Staff for many years. No properties will be denied their current uses or entitlement by the present ordinance. The new documents should be much more user friendly. Portions of the document will be used as handouts. Senior Planner Carrington presented the Staff Report and advised that a comprehensive revision has been done on the Dublin Zoning Ordinance to bring it into conformity . ,with the requirements of law and to make it con~istent with current planning practice. Mayor Houston stated he would like to go through by category and discussed the eleven major focus areas, which included: 1) Permitted and Conditional Uses., Revisions to permitted and conditional uses in Residential, Commercial, and Industrial zones to reflect new land use types, and current planning practice. Mr. Carrington gave a summary of Chapter 8.12. He thanked the Planning Commission for sticking with this for a whole year, particularly Commissioner Don Johnson. ' Cm. Barnes commented on the nice legend in the document which explains all the charts. Mayor Houston asked about golf courses and where they are permitted. Mr. Carrington 'responded that this would be addressed by a CUP as recreational facility/outdoor use. A CUP would ~ required in agricultural zone. He referenced CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 334 . . . . the chart on Page 12-5. It would go before the Planning Commission. It's permitted with a CUP. Cm. Barnes referenced Page 4 and asked what a large day care center would be. Mr. Carrington stated there are 3 different categories of day care; 1-8 children is a small family day care. State has preempted this. Large daycare is the middle size 9-14 children and is handled as residential land use with a CUP before the Zoning Administrator. Cm. Barnes questioned that it says Planning Commission approval. She felt this belongs with the Planning Commission rather than Zoning Administrator. Mr. Carrington stated he would make this change. Mayor Houston commented that golf courses are not under residential type. It would probably be in with some type of development. Mr. Carrington stated it is typically run as a commercial business. It still is allowed in an agricultural zone and could also typically be incorporated into a planned development. Mr. Peabody explained that most all of Eastern Dublin will be developed with PDs and pointed out that we must deal with our present zoning districts. Mayor Houston felt there could be problems with people coming forward with some creative thinking and being told our Ordinance doesn't allow it. Cm. Lockhart asked for reasoning behind Zoning Administrator approval on day care centers. Mr. Carrington eXplained they were trying to streamline the process. By a consensus, the Council directed Staff to make a change indicating that a large family day care center of 9-14 children should go before the Planning Commission. City Attorney Silver asked to go back to the golf course issue in a PD and clarified that the Ordinance provides specifically that when you approve a PD you would be making modifications and establishing the zoning for that district. You could have a golf course. CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 335 2) Planned Development. Include recently revised Planned Development (1997) regulations to allow shell planned developments and to ~implify the explanation. Mr. Carrington explained that this ordinance was actually adopted in June of this year. . 3) Setbacks. Reexamine minor revisions to setback requirements for all zones. 4) Height. Revision of height requirements for residential zones. The Ordinance now restricts the height of single family dwellings to a maximum of 25 feet. Recommenda- tions' include 25 feet in established residential areas in existing Dublin and 35 feet in Eastern Dublin area. Cm. Burton asked about projects now in the mill and how they would be affected. Mr. Carrington stated any project currently being processed would be processed under the existing ordinance. Mr. Carrington stated the Planning Commission recommended that Dougherty Road be the dividing section for the height regulations. Cm. Burton stated we give lip service to affordable housing. Yet we're adding another . side yard setback. ,Why can't we leave it and remember we are trying to build affordable housing. It costs $100,000 per lot with all the fees. This 4' setback costs money. The market should determine this. This ruins the possibility of flexibility for the developer to be able to build affordable housing. Mayor Houston agreed. Some lots in Pleasanton are 3,500 foot lots. The way we have it now, the larger the lot the higher the potential to add on larger setbacks and this is appropriate. This will make a big difference in the price. He was not in favor of this when it was discussed jointly with the Planning Commission and stated he is still not in favor of it. Cm. Barnes asked what had changed to bring the 25 to 35 foot change in height. Mr. Carrington explained that in most communities everyone expects a lot of features in homes and 35 feet is typical because most people want higher ceilings and higher pitched roofs. It is a change in- the way society wants their new houses. In areas currently built to 25 foot standards, if it were rebuilt higher, it could impact adjacent neighborhoods. . CITY COUNCll. MINUTES . VOLUME 16 REGULAR MEET.ING August 19, 1991 PAGE 336 . Cm. Lockhart stated she did not see this as a problem because lots of neighborhoods have two story houses right next to single story ones. Mr. Carrington stated Hansen Ranch is an example as it is a Planned Development. Cm. Burton suggested that we have a CUP to allow a public hearing if someone wanted to rebuild as a 2-story, and it may be possible. Input could be obtained from the neighbors. Staff corrected Cm. Burton and stated it would be a Variance. Cm. Burton stated he just felt the option should be there. Mr. Peabody suggested that a Variance provision could be inserted into the language. Mr. Carrington pointed out that Variance findings are very difficult to make. . Mayor Houston felt there should be some flexibility. Most people will conform back to what the existing neighborhood is. Mr. Peabody asked if an SDR would be appropriate for the Planning Commission for a height beyond 25 feet. City Attorney Silver responded this could be done. For any request higher than 25 feet a SDR hearing would be held before the Planning Commission. Martin Inderbitzen representing Dublin Ranch Properties stated he submitted a letter today c01;nmenting on the document. He echoed comments related to working with the existing document and also felt it is very difficult to understand from a user's point of view. This new document really is a tremendous asset to the community. It is a long document and a lot of work went into it. He asked about the PD zoning designation. Except as modified by PD zones, these regulations apply. Page 32-5, 8.32.060 C was referenced. He also commented that they have applications on file and it has been made very clear to them that the pending applications will be governed by the existing ordinance. They believe that a golf course is a permitted use under the existing ordinance. As they come forward, they wouldn't want anyone to be confused that somehow there is now a CUP standard applied to this use. There is a matrix in the section on design standards and building separation. The issue of building separation is relevant. The densities occurring in Eastern Dublin will be different from the current City. They feel the 10' building separation i,s appropriate for building, lots of 4,000 square feet. Fifteen feet would apply to larger lots. He . CITY COUNCIL MINUTES VOJ.,UME 16 REGULAR MEETING August 19,1997 PAGE 337 encouraged the City Council to allow flexibility. Also, the 35' height is much more . standard. Mayor Houston stated he would like to see a recommendation for front yard setbacks, keep proposed height limits al1;d add that they would have a SDR review before the Planning Commission at a public hearing. Mr. Ambrose stated this also applies to additions to existing homes. Cm. Lockhart stated she likes the continuity of keeping 5' setbacks in Eastern Dublin. In summary, the Council concurred that: 1) sideyard setbacks will stay; 2) '25' height limit west'-of Dougherty Road with possibility of SDR for 35'; 3) 35' height limit east of Dougherty Road; and 4) 10' minimum between units. Chapter 8.40 - Accessory Structures and Accessory Uses. Changes to more clearly state where different types of accessory structures can be located, their height, location, setbacks, etc. em. Burton asked if there will be a roving patrol as part of the enforcement process. Mr. Ambrose stated this would be discussed later in the enforcement issues report. . , Mayor Houston stated he liked the idea of allowing an accessory structure on one side only. It's reasonable if you want to get safety personnel into the back yard, you could have 3' clear. This is reasonable for 3' on one side. Cm. Barnes agreed. A shed could be on the side and she agreed that it should not be above the fence line. Mr. Carrington stated typical fence height is 6'. A 2' lattice extension could also be added. em. Barnes suggested referencing these to each other; the shed height and the fence " height. Mayor Houston asked about play structures. Mr. Carrington stated they are not regulated by the zoning ordinance. La~age on bottom of page 6 could be changed to read "no gated sideyard shall be obstructed to less than 36" by any accessory structure". CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING Aullust 19, 1997 PAGE 338 . . . . Mayor Houston discussed the language on Page 40-3, F.l.A.l. "Setback. Any accessory structure adjacent to a fence or wall may be taller than that fence or wall if it is set back a distance from the fence or wall equal to the height of the accessory structure." He felt it would make more sense to just define the height of a fence. Mr. Carrington stated the Council could delete this requirement if it wanted. They could state maximum allowable height of fence and say this is as high as a shed could go. Mayor Houston felt they should not get nit picky over things that make no sense. Set maximum 8' height ?!1d say accessory structure cannot be over 8'. Mr. Ambrose clarified that there could be an 8' structure with a 6' fence. The Council reviewed Chapters 8.44 Adult Business Establishments Regulations, Chapter 8.48 Archaeological Resources Regulations, Chapter 8.52 Density Bonus Regulations, Chapter 8.56 Development Agreement Regulations, and Chapter 8.60 Hazardous Waste Facilities Location Procedure. 6) Home Occupations. The current home occupation regulations do not adequately address issues such as number of parked commercial vehicles, employees, use of homes for mail order businesses where multiple deliveries occur per day, and new types of appliances or machines that should not be worked on in a single family home. The new Ordinance addresses said issues. Mr. Carrington stated Chapter 8.64 Home Occupations Regulations addresses illegal auto repair uses which Staff gets a lot of calls on. Cm. Burton asked what the objective was. It takes Staff time to find out if a business is repairing automobiles at home. Mayor Houston felt this needs to be clearly stated that it is not acceptable in a residential neighborhood. A once in a while type thing doesn't get complaints, but someone who has cars in their garage being worked on all the time is not reasonable. Cm. Barnes agreed with this. She gets a good number of calls from people reporting out and out repair of cars on the driveway. This just isn't acceptable. We must think of the neighbor's rights too. It has to be registered to the occupant of the premises and it must be in the garage. CITY COUNCll. MINUTES VOLUME 16 REGULAR :MEETING August 19, 1997 PAGE 339 Mayor Houston advised that this is one of the number one complaints Staff gets. . Recess 8:34 p.m. Mayor Houston called for a short recess. The meeting reconvened at 8:42 p.m., with all Councilrnembers present. The Council continued discussion of Chapter 8.64 Home Occupations Regulations. iCm. Lockhart referenced Page 64-2 F. and asked how this related to day care centers in homes? Mr. Peabody indicated they are not considered home occupations. Cm. Lockhart discussed Page 64-2 K. "Merchandise For Sale Or Rent From the Premises. There shall be no storage on the premises for sale or rental of any merchandise, stock of items, or goods from the premises which are not home made." She questioned if this is realistic considering Avon, Mary Kay, Tupperware type sales. Cm. Barnes stated Avon Ladies get shipments of 6 or 8 boxes and then repackage 'it and deliver it to their customers. . Mr. Carrington explained this would prohibit maintaining and selling stock from the residence. Mayor Houston stated he thought this applied to something like storing and selling big items like refrigerators from their house or garage. Disruption of the neighborhood is the key. Ms. Silver stated she felt the language could be reworked to be made clearer to reflect the Council's intent. Mayor Houston felt Table 4 could suffice and other verbiage could be removed. Mr. Carrington felt Section K is very necessary with clarification to prevent retail sales from occurring in residential areas. There shall be no storage on the premises for sale or rental of any merchandise. . . \ Mayor Houston stated he did not want to make the regulations so tight that citizens can't do anything and people are restricted from normal things in their life. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING Audust 19, 1997 PAGE 340 . . . . Mr. Carrington clarified that we would want to make certain that anyone wanting to start a business from their home, that their business is consistent with the zoning regulations. Mayor Houston felt they were getting way too nitpicky. If we're going to have the rule, Wf; need to enforce it. If we don't enforce it, let's 'not have it. The requirement to get a zoning clearance was discussed at length. Mayor Houston again stated he did not feel Section K is necessary. He listed the prohibited uses in a residential district: A) Adult Business Establishments; B) Barber Shop or Beauty Shop; C) Carpentry or cabinet making; D) Dance or night club; E) Fortunetelling; F) Grooming, breeding, training or raising of dogs, cats, or other animals; G) Medical and dental offices, clinics, and laboratories; H) Mini -storage; I) Real Estate Office; J) Repair (body or mechanical) or reupholstering of vehicle not owned by the resident; K) Repair Shops (furniture, electronic equipment, furniture); L) Restaurant; and M) Welding and machining. He questioned including real estate sales in the list. Mr. Carrington stated typically, a real estate is a busy office with people coming and going. Staff could look at business license applications and if it. is not appropriate, Staff could recommend that the business license not be granted. Mayor Houston felt a lot of people conduct activity of this nature out of their home. He would like to see this deleted. The Council requested that Staff work on rewording Section K and delete Real Estate Office from the list. '. Chapter 8.68 Inclusionary Zoning Regulations was discussed. Cm. Lockhart referenced the bottom of Page 68-6 related to affordable housing amenities and stated she had a problem with differentiating between the low cost and other houses. Cm. Barnes di~cussed some areas where maybe one unit may be slightly smaller and you could not tell which was the low cost. It takes a lot of massaging the whole plan, but it can be done. There are nice ways to do it. Mr. Peabody stated there are several affordable by design units at Brookside by K&B. CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 341 Cm. Lockhart asked questions about the inclusionary in-lieu funds. . Mr. Peabody stated when we get enough money, Staff will come back to the Council to decide in what kind of program the funds will be used. Chapter 8.72 Landscaping and Fencing Regulations was discussed. 7) Landscaping. The current Ordinance does not address landscaping for industrial or commercial lots, nor requires continued landscape maintenance, or the preservation of mature trees. This new Ordinance establishes specific requirements. Cm. Barnes brought up the issue of a neighbor's tree that's big and they want to take it down. Would there be restrictions? Staff clarified that this applies to non-residential properties only. With rega:(d to Section 72.010, Cm. Lockhart asked if we have standards in place for existing areas in town with regard to corner treatment standards. Mr. Carrington replied that we do not. We can require them to keep it up and maintain it if it was a condition of approval. . 8) Fence, Walls and Hedges. Revisions to Fence, Walls and Hedges regulations to make the Ordinance language more clear. Chapter 8.76 Off Street Parking and Loading Regulations was discussed. 9) Parking. Revised Parking regulations to meet current industry and planning standards, and to address the. parking of recreational, commercial and residential vehicles on private property. An overhead was shown of existing ordinance and proposed ordinance regulations. Mr. Ambrose stated under the proposed ordinance, you could have one vehicle. Mr. Carrington stated a typical car or camper wi111::Je mostly obscured by a 6' fence. Cm. Lockhart asked if we are saying if you have a boat and a trailer, you can't have a camper in the driveway if you already have a boat. CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 342 . . . . Mr. Carrington stated there is a difference between a camper shell and a cab-over camper. Page 8-24 defines recreational vehicle, "The term Recreational Vehicle shall mean a motorhome, travel trailer, utility trailer, boat on a trailer, horse trailer, camper where the living area overhangs the cab, camping trailer, or tent trailer, with or without motive power." Mayor Houston asked about height limitations. Mr. Carrington stated they are mostly 8 1/2 to 11 feet tall. Then, they usually have air conditioning units on top. We are not regulating on street parking of recreational vehicles; the Vehicle Code regulates this. Cm. Burton stated when you start getting into what is and isn't an RV, you get into a situation of picking on somebody. It could be used as a regular transportation vehicle. We might be stepping into an area we can't enforce. We might be stirring up a lot of problems. Mayor Houston felt they were talking about recreational vehicle that they use for recreation and where they're not used on an everyday basis. It is something very definable. Cm. Barnes felt that having one per piece of property is adequate. We must also consider the neighbors, air flow movement, more than just the owner of the vehicles. Three on one lot is excessive to the neighbors. Table 5 was summarized. Cm. Burton stated he was against the limitation of one RV, but that he supports the other requirements. Cindy Crouch, 7277 Sheffield Lane, stated she lives in the older section of Dublin and is thrilled to death to see the Council dealing with some of these long overdue things. In the newer areas, there are homeowner associations that deal with these types of things. She passed out pictures showing several examples. She supports the concerns and wished that everyone in town would ask themselves if they would like to be their own neighbor. George Brown, (who did not complete a speaker slip) stated he is a 34 year resident who has watched this little hamlet grow. He has raised 5 children and been retired 13 years. He has had several motor homes over the years. He still has one. His motor home is parked on the side of his house. He has a huge back yard but not enough CITY COUNCll. MINUTES VOLUME 16 REGuLAR MEETING August 19, 1997 PAGE 343 ~ access space to get it back there. Why is the City Council now telling people what they . can do? We should publicize this to let the public know what they are doing. If it is neat and clean, they should be left alone. Over the years, the Sheriff has come out to his house 3 times. The Council should think of people who have been here for years or the people building homes should think of having enough space to get it behind their fence. John Wagner, 8342 Mulberry Place stated he is president of a homeowners association representing 133 homes. The State of California has taken away most of the enforcement powers they have. The maximum they can do is a $100 fine. They see areas where there are boats on lawns. Most of the violations are by non owners. They would like to see the City have some regulations that would strengthen their CC&Rs. Mayor Houston stated he felt what is being proposed is reasonable. Many communities don't allow it period. It has to be behind the fence line. People that are courteous, he does not want to go after them. Cm. Burton felt we will have a lot of problems with it, but this is a start. Cm. Barnes referenced Table 5 which gives requirements of 2 parking spaces per multi-family unit and the proposed number is sti112 parking spaces. At the July 1st . City Council meeting, she and Cm. Howard were accused of making a policy change because they felt more spaces were needed. Mayor Houston asked if there is a distinction between an apartment complex and a condo/townhouse type project. Mr. Carrington referenced the chart on Page 76-25. Cm. Lockhart referenced Page 76.22, Section 25 Vehicle Parking on posted private property is prohibited. She noted that all of a sudden you see cars with for sale signs on them. She questioned if we are addressing things like this. Mr. Carrington stated it has to be posted in order to allow enforcement. 'Chapter 8.80 Second Units Regulations was discussed. Chapter 8.84 Sign Regulations was discussed. 10) Non-Conformity. Revise Non-Conforming Uses and Structures regulations to include the amortization of structures by determination by the City Council. CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 344 ' . . . . 11) Enforcement. Revise the Enforcement regulations to more clearly state the enforcement policies of the City (including issuance of citations and procedure for abatement) . Page 84-26 K Temporary Political Signs were discussed and Cm. Lockhart stated she would like to see us put a little bite in this so 30 days later we don't have a problem. In Pleasanton it's $10 per sign. They take them down and bill you. Cm. Barnes felt we should put some teeth in this. We should also add "to be placed on private property and they can be no more than 16 sq. ft." We need to be a lot more vocal on this subject. As beautiful as it is, Dublin should not look tacky with these types of signs. Mayor Houston felt it makes a lot of sense to get the signs down in a timely manner after the election is over. During an election period, signs are what happens. He did not feel it is regulatable, but after an election they should be removed within a reasonable period of time. Staff was directed to come back with language that indicates a time after an election when the signs need to be removed. Cm. Barnes stated she had a problem with temporary for sale or lease signs. She discussed the definition of temporary and stated there's a building in town that has had a for lease sign on it for over 2 years. Mayor Houston stated he talked to Greg Reue1 earlier and there could be turnover so there could be vacancies. He did not see a problem with temporary. Cm. Barnes gave an example of the 3 story office building on Amador Valley Boulevard. Mayor Houston stated he felt typically when people are coming in, they drive around and look for what's available. em. Barnes felt we need to have some type of basis on how long we will allow "for lease" signs. We tend to clutter our City with for lease signs. Cm. Burton felt they could limit the size, rot they should allow residential and commercial signs to be used. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 345 ~ Cm. Lockhart felt as long as the sign is within the required size limit, it should be okay. Staff was directed to look into the size of signs being used to make sure they are appropriate. . Mr. Ambrose stated the allowed size is 16 square feet. Cm. Barnes referenced the section which prohibits coverage of more than 25% of a window, on Page 84-19. Chapter 8.88 deals with Water-Efficient Landscaping Regulations. Chapter 8.96 deals with Permit Procedures. Chapter 8.100 deals specifically with Conditional Use Permit. On Page 108-3, there was discussion related to temporary sales held by businesses such as payless a~d Home Express and whether Section N would apply. Cm. Barnes discussed the Friday 5 p.m. to Sunday 5 p.m. sales around town where people set upon corners and gas stations. . Chapter 8.140 Non-Conforming Structures and Uses was discussed. Mr. Ambrose advised the Council that the City currently has so much large scale development occurring that payment of fees for large scale applications is no longer feasible. Staff spend weeks of time looking at things but is unable to collect a fee because no application has been filed. This may need to come back before the Council in the future. We are getting into extensive reviews of projects way before their applications and spending a lot of Staff time and Consultant money. Mayor Houston asked about height of commercial office buildings. What do we have now and what do we propose? Mr. Carrington referred to Page 36-2 and stated the height limits have not changed. Mr. Peabody stated we have left it in for existing commercial zones. The Hacienda Crossings project was discussed. A minimum of 4 acres is required for differing limits. Mayor Houston closed the public hearing. . CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 346 . . . On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 103 - 97 ESTABUSHING THAT THE COMPREHENSIVE REVISION OF THE DUBUN ZONING ORDINANCE IS EXEMPT FROM THE CAUFORNIA ENVIRONMENTAL QUAUTY ACT and waived the reading and INTRODUCED the Ordinance with changes directed. Ms. Silver clarified that a provision should be added related to generation of traffic in the home occupation section and that Staff should rework Section K. + ENFORCEl\1ENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE PA 95-027 10:29 p.m. 8.2 (450-60) Senior Planner Carrington presented the Staff Report and advised that the history of enforcement of the Zoning, Building, Housing and Property Maintenance violations has varied through the years since incorporation. The City Council's policies toward enforcement have changed. Mr. Carrington explained that during revision discussions, the Planning Commission expressed concern related to the nature of enforcement of several provisions of the Zoning Ordinance and the Property Maintenance Ordinance. On July 22, 1997, the Planning Commission adopted a resolution recommending that the City Council amend enforcement of the Zoning, Building, Housing and Property Maintenance Violations policies to make certain issues enforceable without a complaint and others enforceable only with a complaint. The Planning Commission also recommended that the enforcement process be shortened. Mr. Carrington reviewed the various areas with recommended changes. Mr. Carrington stated presently, the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance have been enforced by means of a verbal warning and two warning letters (and sometimes more depending on the situation) followed by citations and fees. The Planning Commission recommended that the City Council give instruction to Staff to provide one verbal warning and one written warning (unless circumstances dictate more) on all enforcement issueS regarding the CITY COUNCll. MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 . PAGE 347 " Zoning Ordinance, Building Code, Housing Code and Property Maintenance Ordinance, followed by citations and fees. . Mayor Houston asked where we get into the penalties that will occur. We try to work with people and educate people; unfortunately, some people don't react. Cm. Burton asked if the warnings set a date for the particular violation, like 10 or 20 days, etc. Mr. Carrington replied yes, the warning letter would indicate a date on which the violation must cease. Cm. Burton asked 'what we plan to do to educate the public with what's coming down the pike. Mr. Peabody stated we will use publicity, use handouts, visit businesses. We will do the same things with A-frames as we did with banners. We will attempt to educate them with regard to what the law is. In the case of banners, the educational process was very effective. About 85% of the people complied. The question is, what does the City Council want Staff to do with the other 15%? . Cm. Burton stated he. was concerned about maybe an RV owner who needs to put cement under it. He hoped Staff would use discretion as these can be very sensitive issues. We could put some inserts into the Recreation brochure notifying people that they will have to do something, about violations. Mr. Ambrose stated we will have to rely on the discretion of the Zoning Enforcement Officer in' dealing with some of these issues. Cm. Barnes stated a great concern of hers is that we talk a lot and what we are not doing is walking our talk. There's failure to get the job done. Cm. Lockhart asked about large balloons, gorillas, ice cream cones, etc., and asked if anything addresses this? Mr. Carrington stated the existing sign ordinance all()ws temporary promotional signs that include the definition of balloon. " Cm. Barnes stated if they are really unhappy about some of these things, they will have to face the fact that we need help in getting the job done. If the zoning':person is out . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING AUJlust 19, 1997 PAGE 348 . . .- . looking at one problem and he sees another problem across the street, can he be proactive? Mr. Ambrose stated current policy provides the ability to do this. em. Howard asked who will enforce the weekend sales. Mayor Houston pointed out we don't have Staff time allocated to this right now. There's a cost effectiveness aspect to consider. Cm. Burton asked what the enforcement fee is. Mr. Ambrose explained it is $100 for the first violation and then it escalates upward. Ms. Silver stated this is pursuant to statute. Mr. Ambrose discussed the transient vendor situations. Cm. Lockhart felt if a police officer was driving by and saw someone selling something from a tent they should be able to stop and ask for a business license. Mr. Ambrose stated he could provide administrative direction to the police department to do this. Mayor Houston felt what has been done tonight is pretty ambitious. "We should see how some of this goes. Cm. Lockhart, felt we need some kind of weekend enforcement to protect our business community and. our residents. Lt. Farruggia explained that they are doing some of this right now. They do get direct calls from citizens regarding peddlers. Don Johnson, 8157 Via Zapata complimented everyone. In past years, the City has sort of turned their eyes away from various things. The spa sales people could have come in for a permit for their sale last weekend. We have a lack of follow up from Staff and have allowed the City to get into the position it is in today. He contacted other cities and they all have full time zoning enforcement officers. They work mostly on a complaint basis. Dublin should be reactive to complaints but also proactive to the provisions of the ordinance. We should notify the community and then tell them we will enforce the ordinance. Once the homeowner knows thi~, we should put them on CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING August 19, 1997 PAGE 349 ~ " notice and give them a period of time to correct the violations. The key to the success . o~ failure is what is done with enforcement. He encouraged the Council to go for a strong enforcement policy. Dublin looks great and the City maintains it. There's no reason the residential areas shouldn't be the same. If we don't enforce it, don't make it a law. Cm. Burton complimented the Planning Commission and all the work they put into this. On motion of em. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 104 - 97 ESTABUSHING THE ENFORCEMENT POUCY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERlY MAINTENANCE ORDINANCE; AND RESCINDING RESOLUTION NO. 104-95 + ADJOURNMENT . 11.1 There being no further business to come before the Council, the meeting was adjourned at 11 :02 p.m. . /+ Mayor ATIEST: City Clerk CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING Audust 19, 1997 PAGE 350 .