Loading...
HomeMy WebLinkAbout11-20-2001 Adopted CC MinutesREGULAR MEETING - November 20, 2001 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. Conference with Legal Counsel- Anticipated Lt'~gation - Government Code Section 54956.9(b)(1); Facts and Circumstances: Government Code Section 54956.9(b/(3)(A). 2. Conference with Legal Counsel- Anticipated Litigation - Government Code Section 54956.9(b)(1) Facts and Circumstances: Government Code Section 54956. 9(b)(3)(B) East Dublin Properties Stage 1 Development Plan, Annexation and Draft Supplemental Environmental Impact Report 3. Conference with Legal Counsel- Anticipated Litigation - Government Code subdivision(c) of Section 54956.9-1 potential case. A regular meeting of the Dublin City Council was held on Tuesday, November 20, 2001, in the Council Chambers of the Dublin Civic Center. The regular meeting was called to order at 7:06 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, Oravetz, Zika, and Mayor Lockhart. 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 would continue the Closed Session meeting after the end of the regular meeting. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 486 INTRODUCTION OF NEW EMPLOYEES 7:09 p.m. $.1 (700~10) Police Chief Gary Thuman introduced returning Police Services employee Sgt. Randy Skarphol. He is very pleased to have Randy back in Dublin. Public Works Director Lee Thompson introduced Roehl Barreras, Public Works Inspector. INTRODUCTION OF ASSEMBLYWOMAN ELLEN CORBETT 7:11 p.m. 3.2 (610~50) Assemblywoman Ellen Corbett introduced herself to the City Council as Dublin's newly re-districted Assembly Representative. She knows some of the issues in Dublin and will depend on the Council to help bring her to speed. She's truly looking forward to representing Dublin. APPOINTMENTS TO THE ART SELECTION COMMITTEE ~ BUS SHELTER PROJECT 7:I5 p.m. $.$ (110~30) Recreation Supervisor Bonnie Leonard advised that on October 2, 2001, the City Council approved the formation of a seven~member Art Selection Committee for the Bus Shelter Art Project and directed Staff to advertise for openings. The Council had also appointed Councilmember Claudia McCormick to serve on the Commi~ee. A total of five applications were received. Mayor Lockhart recommended the appointments of Business Community Representatives Nancy Feeley and Heather Wolf; Community at Large Representatives Bernice Bywater, Anita Carr and Tegan McLane; and Heritage & Cultural Arts Commission Representative Judy Lussie. Ms. Leonard further indicated that LAVTA approached Staff regarding representation on the Committee. If the Council concurs, a LAVTA Staffmember would serve in a non- voting capacity. On motion by Cm. Zika, seconded by Cm. McCormick, the Council unanimously approved the Mayor's recommendation for appointments to the Bus Shelter Art Project Art Selection Committee, including a LAVTA representative. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 487 PROCLAMATION 7:17 p.m. 3.4 (610-50) Mayor Lockhart presented a proclamation recognizing November 15,2001 as "America Recycles Day" in the City of Dublin to Annette Borges, Executive Director of Livermore Dublin Disposal, indicating that the City was recognizing the event after the fact, but pointed out that recycling was important at all times. CONSENT CALENDAR 7:19 p.m. Items 4.1 through 4.13 Cm. McCormick pulled Item 4.2 Mayor Lockhart pulled Item 4.3 Cm. Oravetz pulled Item 4.5 On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of November 6, 2001; Received (4.4 590-40) an Amador Valley Boulevard Speeding and Traffic Signal Coordination report; Authorized (4.6 200-30) additional appropriation for new Capital Improvement Project, Civic Center Electrical Improvements, in the amount of $20,000 from unappropriated reserves and authorized Staff to solicit bids for electrical work; Adopted (4.7 600~30) RESOLUTION NO. 195 -01 ACCEPTING IMPROVEMENTS FOR A PORTION OF SCARLETT DRIVE (DUBLIN NISSAN) AND APPROVING REGULATORY TRAFFIC DEVICES INSTALLED AS ROADWAY IMPROVEMENTS CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 488 Adopted (4.8 600~35) RESOLUTION NO. 196 - O1 AWARDING CONTRACT 01-13 CIVIC CENTER FUEL TANK UPGRADE TO PARADISO MECHANICAL, INC. and approved Budget Change for an additional appropriation of $I 7,412; Adopted (4.9 600-60) RESOLUTION NO. 197- O1 APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 6961 (DUBLIN RANCH, PHASE I - NEIGHBORHOOD L~6) and authorized the Mayor to execute an amended agreement; Received (4.10 Approved (4.11 Approved (4.12 330~50) Financial Reports for the Month of October 2001; 330-20) Budget Carryovers from FY 2000-2001 to FY 2001 ~2002; oo~3o) RESOLUTION NO. 198 - 01 APPROVING AMENDED AGREEMENT WITH WASHINGTON INFRASTRUCTURE SERVICES (FORMERLY MK CENTENNIAL) FOR CONSULTING SERVICES FOR THE WIDENING OF DUBLIN BOULEVARD FROM VILLAGE PARKWAY TO SIERRA COURT and approved Budget Change in the net amount of $98,475; Approved (4.13 300-40) the Warrant Register in the amount of $1,778,4 73.17. Cm. McCormick pulled Item 4.2 and urged the community to support Proposition 40 on the March 5, 2002 ballot, indicating that it would be beneficial for the entire State. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted (4.2 060-40) CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 489 RESOLUTION NO. 199 -01 SUPPORTING PROPOSITION 40 CLEAN WATER, CLEAN AIR, AND NEIGHBORHOOD PARKS AND COASTAL PROTECTION BOND ACT OF 2002 Mayor Lockhart pulled Item 4.3 and pointed out that, for the record, the gift was received from the Soroptimist International of Pleasanton/Dublin, not just Pleasanton as indicated in the Staff Report. On motion of Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council accepted (4.3 150-70) a Gift of $100 to the City of Dublin from the Soroptimist International of Pleasanton/Dublin. Cm. Oravetz pulled Item 4.5 and indicated that he wanted to bring it to the audience's attention that the controversial Village Parkway U~Turn was finally being fixed. Public Works Director Lee Thompson advised that the work would begin in approximately one month. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council authorized (4.5 600-35) Staff to solicit bids for Contract No. 01 ~15, Village Parkway U-Turn at Davona Drive; PUBLIC HEARING ENFORCEMENT OF POLICE PARKING SPACES AT HACIENDA CROSSINGS 7:22 p.m. 6.1 (590-30) Mayor Lockhart opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and indicated that this is the second reading of an ordinance introduced at the November 6, 2001 City Council meeting establishing Police parking spaces at Hacienda Crossings Shopping Center. At the request of shopping center management, a section that provided that the spaces be tow-away zones was deleted from the draft ordinance; enforcement will be by citation only. It was also requested that a clause be added which would allow the shopping center to convert the spaces to customer parking by providing written notice to the City. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 490 Both of those changes were incorporated into the ordinance at the November ¢, 2001 City Council meeting. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted ORDINANCE NO. 8 - 01 ESTABLISHING POLICE PARKING SPACES AT HACIENDA CROSSINGS SHOPPING CENTER PUBLIC HEARING CALIFORNIA VEHICLE CODE (CVC) ENFORCEMENT ON JOHN MONEGO COURT 7:24 p.m. 6.2 (590~30) Mayor Lockhart opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that Staff received a complaint from Koll Development indicating that vehicles are parking in the No Parking Zone along the east side of John Monego Court and delivery trucks are parking in the center of the roadway, which is not legal under the CVC and creates a potential hazard for other drivers. At the present time, Police Services is not able to enforce the No Parking Zone or other CVC regulations because the street has not been accepted for maintenance as some of the work related to these projects has not been completed. The proposed resolution would allow all traffic control devices and vehicle code regulations to be enforceable. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 491 RF~OLUTION NO. 200 ~ 01 APPROVING ENFORCEMENT OF TRAFFIC REGULATIONS UNDER CALIFORNIA VEHICLE CODE SECTION £ 1107.S JOHN MONEGO COURT CITY MAINTENANCE OUALITY ASSURANCE PROGRAM 7:25 p.m. 7.1 (830-50) Public Works Director Lee Thompson presented the Staff Report and indicated that at its meeting of August 7, 2001, the City Council directed Staff to expand the existing MCE reporting system to include a Quality Assurance Program. The previous monthly reporting system detailed the quantity of work being done, but was missing the element of how well the work was being performed and the condition of the improvements. The new program sets standards of maintenance and provides for a monthly inspection program to judge how well the work is being performed, together with the condition of the improvements. The condition assessment will direct the emphasis of the maintenance, as well as identify capital improvement needs. Improvements along Dougherty Road have already been started. MCE Representative Start Smalley distributed a Quality Assurance Program handout to the Council and showed a PowerPoint presentation that outlined the five basic elements of the Program: 1) Easily understood standards, which would be published and training provided after the standards were approved by City Staff. 2) Involves all MCE employees and sub~contactors working in Dublin. Deficiencies would now be recorded in writing, not verbally, on a daily basis. The deficiencies would then be put into a weekly log, which is reviewed by the superintendent. 3) Includes pre-planned and pre-scheduled inspections. The foreperson would now inspect all subcontractor and in-house work. The main thing added to this element would be the superintendent's written bi~monthly report of acceptance. 4) Provides "outsiders" eyes for fresh view. MCE will get outside opinions of acceptability of maintenance. 5) Provides an audit trail until corrected. This element was designed to close the loop on a problem. Cm. Zika asked if the foreperson will also note if other work is being done properly as he's completing his scheduled check? Mr. Smalley indicated yes, all field personnel would be directed to report anything out of the standard. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 492 Cm. Oravetz complimented the work going on in the Willow Creek neighborhood and asked which City Staff would review the reports. Mr. Smalley indicated that the Public Works Director would review the reports. Cm. Oravetz asked if the program would be effective throughout Dublin? Mr. Smalley indicated yes it would. Mayor Lockhart thanked him for his presentation. A RESOLUTION ESTABLISHING A COMPENSATION POLICY FOR MILITARY RESERVISTS EMPLOYED BY THE CITY OF DUBLIN AND CALLED TO SERVE IN "OPERATION ENDURING FREEDOM" 7:41 p.m. 8.1 (700-40) City Manager Richard Ambrose presented the Staff Report and advised that, in accordance with State law, employees with more than one year of service with the City who are members of United States Military Reserve organizations shall receive, during the employee's first $0 calendar days on active or temporary military leave, full salary and benefits as if working his/her regular schedule with the City of Dublin. This law provides the flexibility for employers to determine the level of compensation, if any, beyond the SO-day mandate. The City of Dublin has one full-time employee in the Reserves, and she was recently called to duty. A survey of 20 Bay Area cities determined that nine cities pay the required 30~day minimum, six are exploring increasing the benefit and five already supplement the required 30~days' pay. Both the Cities of Livermore and Pleasanton recently passed resolutions extending salary and benefits beyond the 30-day minimum requirement. The proposed resolution would extend military leave beyond the required 30 days, to City employees in the Reserves or National Guard who are called to serve in "Operation Enduring Freedom" to provide the difference between the amount of an employee's military pay and the amount the employee would have received from the City for performing his/her normal duties, for a period extending up to one year from the start of the military leave. Cm. McCormick asked why the Staff Report stated that the Reservist would be supplemented for 11 months? CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 493 City Manager Ambrose advised that 11 months is the term of our employee's duty. Cm. McCormick asked if the Reservist's job would be saved? Mr. Ambrose indicated yes, the job would be saved for the period of her tour of duty. Cm. Zika felt the resolution was the least we can do for someone helping to keep us safe. Mr. Ambrose pointed out that the compensation would be considered a loan if the Reservist decided not to return to work for the City of Dublin and an agreement would be prepared for her acknowledgement. Mayor Lockhart clarified that if something unforeseen happened to the Reservist, it would not be a loan to her estate? Mr. Ambrose agreed that the agreement should include that stipulation. On motion of Cm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council approved RESOLUTION NO. 201 -01 ESTABLISHING A COMPENSATION POLICY FOR MILITARY RESERVISTS EMPLOYED BY THE CITY OF DUBLIN AND CALLED TO SERVE IN "OPERATION ENDURING FREEDOM" STATUS REPORT ON THE CITY'S g0TM ANNIVERSARY CELEBRATION 7:45 p.m. 8.2 (950~40) Recreation Manager Paul McCreary advised that February 1, 2002 will be the City's 20~ year anniversary of incorporation. He further indicated that at its May 15, 2001, meeting the City Council appointed Mayor Lockhart and Councilmember George Zika to a City Council Sub~Committee to formulate recommendations regarding the City's gOth Anniversary Celebration. Subsequently, the Sub~Committee has met several times to discuss various options regarding the celebration. At the Sub~Committee's request, Staff solicited citywide support for a yearlong anniversary celebration through local non~profit groups. As a result of a informational mailer, several non~profit organizations responded to the invitation to assist in the celebration in areas such as Dublin artifacts, history of Dublin, volunteers, event planning and event support. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 494 Mr. McCreary advised that the Sub-Committee recommended that the City Council consider the following activities in celebration of the City's 20th Anniversary: commemorative banner poles for year-round display on street light poles through-out the City; commemorative letterhead; special St. Patrick's Day Festival events including a parade float featuring past Citizens & Organizations of the Year; a City quilt created by noted Textile Artist Linda Schmidt; designing and selling commemorative tiles for the Civic Center Living History Wall located at the fountain plaza; commemorative anniversary patches; and City website updates. The Council was also being asked to determine the preferred location of the anniversary party and approve a Budget Change authorizing a budget modification to increase revenue by $7,500, expenditures by $33,000 and to allocate $25,500 from Unappropriated Reserves. Cm. Zika indicated that, due to time constraints, the Subcommittee had already met with and given direction to the quilt artist and will report back to Council with the results. The Artist was asked to include images of past, present and future Dublin, as well as represent Western, Eastern and Central Dublin. The Council discussed various options and decided on the following: Commemorative Banner, Option lc; Commemorative Letterhead, Option 2c; and Commemorative Patch, Option 1. The Council also discussed options for the formal dinner and agreed that the event should be held at Shannon Center as opposed to City Hall, which would need costly tents and heating elements. It was suggested that extra monies should be used to hire a professional decorator and the fountain should be turned on the night of the event. On motion of Cm. McCormick, seconded by Cm. Zika and by unanimous vote, the Council confirmed their options and approved a Budget Change that increased revenues by $7,500, expenditures by $33,000 and allocating $25,500 from Unappropriated Reserves. CIVIC CENTER LIBRARY TIME CAPSULE 7:58 p.m. 8.3 (940-50) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that at its May 1,2001 meeting, the City Council directed Staff to include a time capsule in the Library construction project and negotiate the inclusion of a vault with the Library contractor. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 495 Ms. Lichtenstein outlined recommendations to obtain community input for items to include in the time capsule, such as providing a booth at the St. Patrick's Day festival, and offered recommendations from the International Time Capsule Society regarding types of materials for inclusion, archival information and vault specifications. Staff recommended that the vault be located in the paving area in the Library's main plaza, and outlined recommendations for vault construction. Documents regarding contents of time capsule should be given to City Clerk or Historical Society to prevent the capsule from being lost or forgotten. Staff was asking direction from Council as to types of items, venues for gathering input, and time limit for encapsulation. Mayor Lockha~ suggested we ask the community specific questions regarding what would they like to know 50 years from now. If the information were geared toward young people, they would be more likely to remember and want to be part of the opening process. She suggested a questionnaire with a student perspective. The Dublin Historical Preservation Association (DHPA) would be happy to work with Staff to come up with al~_ archival plan and actually assist with the archival process. Mayor Lockhart also suggested documenting the political climate, lifestyle and current events in the year 2002 spanning the Tri-Valley, California and United States. We would have something to compare current lifestyles to when we opened the vault. She liked the idea of soliciting ideas for items for the capsule during the St. Patrick's Day and Citywide 20-Year Anniversary celebrations. She also felt the website would be a great resource for a survey of items to be included. Cm. Oravetz asked when the process would end? Ms. Lichtenstein indicated that the end of April 2002 would be the last demarcation line. Mayor Lockhart thought the last of the survey should coincide with the St. Patrick's Day festivities. Cm. McCormick asked if the capsule items would be given to Staff for archival preparation. Ms. Lichtenstein indicated that an experienced archivist would be found to do the archival preparation. Although she hasn't talked to a representative of DHPA, they may have an archivist available. Cm. McCormick thought the idea of having proper technology available was good idea and suggested a copy of the Dublin City song and tape player be included. She felt that the Chamber of Commerce and our Sister City should be invited to participate. She also CITY COUNCIL MINUTES VOLUME 20 REGULPa~ MEETING November 20, 2001 PAGE 496 suggested that a copy of the special 20~year anniversary calendar that Staff is currently working on be included, and agreed with the Mayor's suggestion to open the capsule after 50 years. City Manager Ambrose clarified that the opening date would be in the Year 2052. Cm. Zika asked if the capsule is re-sealable? Ms. Lichtenstein responded that it would depend on the intregity of construction material and if any damage, such as rust, occurred during the first 50 years. Cm. Zika thought we might want to open the capsule half way through the 50 years, but didn't want to chance not being able to reseal it. He also suggested including photos of past and present Dublin, as well as drawings of future plans. Mayor Lockhart suggested a current aerial photo be included, as well as Channel 30 news videos and interview tapes of long-time local residents. She felt that the DHPA would be willing to do the interviews and give the tapes to Staff, as they are very interested in supporting the program. Ms. Lichtenstein indicated that she would prepare a memo to Council of items discussed to confirm what the Council would like included in the time capsule. Mayor Lockhart asked if the Council needed to agree on anything else besides the time limit of 50 years and the creation of a survey questionnaire? Mr. Ambrose asked if the Council needed to determine the size of the vault tonight. /Vis. Lichtenstein indicated that the size of the vault would be determined by how many items were to be included. She suggested that the Council approve the larger vault to expedite the process. The Council concurred with Staff recommendation to install the larger vault, as well as agreed on the 50 year time limit and the need for a questionnaire. COUNCIL CHAMBERS LIVE CABLECAST SYSTEM 8:15 p.m. 8.4 (1050~10) Administrative Analyst Jason Behrmann presented the Staff Report and advised that, since 1996, City Council meetings have been taped by CTV Staff using three mounted tri-pods and a van that houses the control equipment. The meetings are aired the following night and repeated several times throughout the week. Due to a new cable television franchise CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 497 agreement negotiated with AT&T, the City has the opportunity to provide live transmission of its Council meetings and to equip the Council Chambers with permanent cameras and production equipment. The costs for the project are estimated to be approximately $125,000. A portion of a recent $200,000 AT&T capital grant can be used to partially offset this cost, as well as partially fund the City's share of proposed CTV renovations. The primary advantage of live broadcast is that residents are able to view the information immediately. In addition to the live broadcasts, Council meetings would continue to be re-broadcast during the week for those residents unable to attend or view the meeting Tuesday night. Mr. Behrmann outlined the costs associated with live transmission, including a breakdown for City-owned cameras and video production equipment. Furthermore, in June 2000, the City hired Coast Business Communications (CBC) to complete a cablecast feasibility study for the Council Chambers. CBC concluded that there was adequate space, with minor modifications, in the existing alcove space located behind Staff seating at the Council dais to be used as a control room. The Council was being asked to determine whether the City should provide live transmission of City Council meetings and if the City should purchase in~house equipment. The Council was also asked to provide Staff direction regarding issues such as lighting, security measures and camera configuration. Cm. McCormick asked where the cameras would be mounted. Mr. Behrmann indicated that a camera would be mounted on each side of the Council Chamber, one behind the Council dais, and one camera in the back of the audience seats. The cameras will be strategically placed to get all angles of Council, Staff, audience and speakers. Mr. Ambrose asked how high the cameras would be mounted? Mr. Behrmann responded approximately eight feet high. Cm. McCormick expressed concern regarding lighting, having been told that much of the Councilmembers' attractiveness does not come though with the current lighting. She also indicated that the current sound system was problematic. Mr. Berhmann advised that, although the sound would be integrated through the current system, testing would be done by a qualified sound engineer. It may be determined that CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 498 modifications to the sound system will be needed. An in~depth lighting analysis would also be done. Cm. McCormick clarified that the City's share of CTV's remodel was $150,000, and asked if $75,000 would come out of the $200,000 grant and the future $75,000 come from the General Fund? Mr. Behrmann agreed and indicated that it was estimated to be $150,000. A solid number would be determined after CTV received bids for the project. Mr. Ambrose pointed out that if the Council decided not to purchase our own equipment, our total share of CTV's capital needs could come out of the $200,000 grant. Cm. Oravetz asked if future costs would come out of the General Fund? Mr. Behrmann indicated yes. Mr. Ambrose pointed out that replacement costs would come out of the General Fund, unless we renegotiated with AT&T. Cm. Zika expressed a desire for live broadcast and having cameras installed, and would be willing to have locks installed in the Council Chambers as a safety measure. He indicated that he liked the idea that if CTV needed additional money to renovate, they would need to come to the City for some of the General Fund money; he had concerns about their accounting mechanisms. We would get a better idea after the outside audit is complete. Cm. Oravetz agreed with the need for live broadcast. He felt it would open up the opportunity for other commission, committee and special meetings to be televised. Mr. Ambrose advised that there would be a cost to users. Mayor Lockhart felt the biggest selling point of live broadcast would be the fact that we can make the Chambers available to the public for community and regional issues. She agreed that a fee would have to be attached to usage. On motion of Cm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council approved the plan for live broadcast of City Council meetings; directed Staff to send a written request to AT&T to complete the fiber optic communications link for the Council Chamber; directed Staff to issue a Request for Proposal for the design, purchase and installation of cameras and video control equipment; directed Staff to have locks installed CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 499 of the Council Chamber doors; directed Staff to have lighting and sound studies conducted after the installation of new equipment; and approved a Budget Change in the amount of $125,000 from Unappropriated Reserves. CODE ENFORCEMENT UPDATE POLICY 8:35 p.m. 8.5 (450-20) Planning Manager Jeri Ram presented the Staff Report and indicated that Chapter 8.144 of the Zoning Ordinance sets forth the enforcement mechanism of the Zoning Code. The City Council has the authority to establish policies, rules and regulations for administration of the Zoning Code. On December 21, 1999, the City Council approved an Enforcement Policy that lists what types of violations shall be enforced on a proactive or complaint basis. As a result of that resolution, Staff has been proactively enforcing the list. Staff is requesting that the City Council review the current City Policy relating to enforcement and direct Staff to make any changes deemed appropriate, as ,well as direct Staff to make any necessary modifications to Zoning Ordinance regulations in relation to items that Staff is currently enforcing. Recommendations made by the Council would be developed into a resolution that -would come back before the Council for approval. Cm. McCormick expressed concern about A-frame signs and felt the businesses on Village Parkway are victims of poor planning. The businesses have a hard time advertising because the buildings are set so far back off the street and, as a result, are putting signs on cars. She felt there must be better way and suggested looking at options. Cm. Zika advised that he checked with the Chamber of Commerce regarding this item. The Chamber doesn't have any problems with Code policies or enforcement. He felt that Dublin has the most liberal Code Enforcement Policy in the Valley. If the City started making exceptions for businesses with advertising difficulties, it would open the opportunity for more violations. Ms. Lockhart asked about A-frame signs not in the public right-of-way and on private property, which serve a specific need of the community. For example, there is a carpet business in Dublin that would set out clean, used carpet in the back lot and put a sign in front that says "free carpet" with an arrow pointing to the back of the building. The carpet is recycled and the business owner is saving hauling fees. Under our current ordinance, the business owner cannot put the sign out. Can we accommodate a use of this nature that benefits the community? CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, :~001 PAGE 500 Ms. Ram indicated that once the City starts prohibiting one type of A~frame and allowing others, it becomes a free speech issue, making the ordinance even more difficult to enforce. Mayor Lockhart asked if the business owner would be in violation if he had a sign hanging from a metal pole. Ms. Ram indicated that temporary signs are regulated differently. They are not necessarily prohibited except in certain instances. Mr. Ambrose reiterated that this is a free speech issue and the City needs to make certain that people are being treated equitability. The Council could ask for further study from the City Attorney regarding this particular issue. Mayor Lockhart thought maybe the answer for the carpet business owner would be to put his carpet in front of his business like many other businesses. You can drive down Dublin Boulevard and see chairs sitting in front of businesses. Mr. Ambrose pointed out that those businesses are in violation of our Zoning Ordinance; however, those types of violations are enforced on a complaint basis only. The Council has made it clear that A~frame signs are to be enforced without a complaint. The Council can add those types of issues to our Enforcement Policy. Staff can also be asked to provide enforcement on weekends, at a cost to the City. The entire policy was brought before the Council to review and provide direction. Mayor Lockhart suggested that Staff could look at the Temporary Sign Ordinance and how it relates to this particular issue. Perhaps there is a way to modify the way the business owner is advertising the carpet's availability. Ms. Ram indicated that temporary promotional signs were currently the only type of temporary signs permitted and regulated by Staff, but the City doesn't have regulations for signs such as/viayor Lockhart was describing. She suggested that the Council might want to look at temporary signs. Cm. Oravetz felt that the current ordinance was fine but would be willing to look at the temporary sign ordinance. Cm. Zika was willing to look at the temporary sign ordinance, but expressed reluctance to make any changes. He would rather see more enforcement on those types of issues. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 501 Mayor Lockhart indicated she would work with the businessman to find another alternative and not pursue modifications to the ordinance now. OTHER BUSINESS 8:55 p.m. Cm. Oravetz indicated that he and Cm. McCormick had attended the East Bay Division meeting of the League of California Cities. They were disappointed that Congresswoman Ellen Tauscher had to cancel, but her Aide did a good job speaking on her behalf. Cm. McCormick asked if the City was having a tree lighting ceremony? Mr. Ambrose indicated that it would be held November 29th at 7 p.m. at City Hall. Mr. Ambrose also advised that Safeway had scheduled its grand opening on November 28th at 10:00 a.m. Mr. Ambrose advised that the first Council meeting in January 2002 would be on January 2~'a and asked if the Council would like to cancel this meeting. The Council agreed to cancel first meeting in January 2002, which would make the January 15th meeting the only meeting in January. Mayor Lockhart indicated that she and Cm. McCormick attended the grand opening of the Tri Ced glass recycling plant in Union City. They are set up to process any type of glass, which will help Alameda County with its recycling numbers. The Council wished everyone a Happy Thanksgiving and reconvened to its Closed Session meeting (8:58 p.m.). CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 502 REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that there was no reportable action. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:58 p.m. Minutes prepared by Fawn Holman, Deputy City Clerk. ATYEST: CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 20, 2001 PAGE 503