HomeMy WebLinkAbout03-08-1993 Adopted CC MinutesREGULAR MEETING - March 8, 1993
A regular meeting of the City Council of the City of Dublin was held
on Monday, March 8, 1993, in the Council Chambers of the Dublin Civic
Center. The meeting was called to order at 7:35 p.m., by Mayor
Protempore Burton.
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ROLL CALL
PRESENT:
ABSENT:
Councilmembers Houston, Howard, Moffatt and Mayor Protempore
Burton.
Mayor Snyder.
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PLEDGE OF ALLEGIANCE (610-20)
Mayor Protempore Burton led the Council, Staff and those present in
the pledge of allegiance to the flag.
Cable TV Franchise Service (1050-30)
Mary Jane Hyde, 7426 Mancini Court, advised that she is a teacher in
Dublin schools. She was present primarily to state how unhappy she is
with Viacom. She receiVed a communiCation from The Learning Channel
last week, and they say they are working with cable companies to add
The Learning Channel to the package. When she contacted Viacom, they
informed her that they will have this channel, but she repeatedly
asked when, and they were very evasive. Since the City is responsible
for the franchise, she felt the City Council should hear her concerns.
While she did not know about the rest of Dublin residents, she was
willing to give up television for several months in order to find a
better cable company. All the other cable companies offer up to 50
channels and Viacom offers the least of anyone. .She hoped the City
Council has some way to address this.
Mayor Protempore Burton stated he understood that The Learning Channel
is being discussed and whether or not they will allow advertising on
it. According to an insert in his cable bill, starting next month,
you can get less channels for less money.
Assistant City Manager Rankin advised that on April 1st, they are
doing some changes on the lineup, but The Learning Channel is not one
that is being added.
A copy of the communication she received was given to the City Clerk
and Mayor Protempore Burton stated Staff would check into this and
respond to Ms. Hyde.
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Regular Meeting March 8, 1993
Tree Replacement Along 1-680 (800-30)
George Butler, Bloomington Court resident, stated he has lived here
for 25 years. About 2 years ago, 1-680 was widened on the east side
and all the trees were removed and so far, no one has replaced them.
Public Works Director Thompson stated he was not aware of any
replanting currently planned, but they probably eventually will be
replaced. They are concentrating now on the soundwall.
Mr. Butler questioned if ivy could be planted to deaden some of the
sound. There is an example of this near the Stoneridge Drive eXit
that looks quite nice.
Mr. Thompson agreed that the problem with the east wall is that sound
tends to ricochet off the wall. He stated he would look into this.
East Dublin GPA & SP Meeting (420-30)
Mayor Protempore Burton stated there was a request to place an
emergency item onto the agenda. The item deals with hiring a
facilitator for the East Dublin group meeting to be held on March
30th.
On motion of Cm. Houston, seconded by Cm. Moffatt, and by unanimous
vote (Mayor Snyder absent), the Council agreed to add Item No. 8.6 to
the agenda to discuss and establish whether a facilitator will be
needed at the March 30th meeting.
CONSENT CALENDAR
On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous
vote (Mayor Snyder absent), the Council took the following actions:
Approved Minutes of Regular Meeting of February 22, 1993;
Authorized Staff to advertise Contract 93-05, 'Street Subdrains, for
bids (600-30);
Approved an agreement with La Perle Architects, Inc., for Dublin Swim
Center Bathhouse Renovation (600-30);
Adopted
RESOLUTION NO. 30 - 93
ADOPTING STEVE KING STEWART'S "DUBLIN TOWN"
AS THE OFFICIAL SONG FOR THE CITY OF DUBLIN (120-50)
Approved Warrant Register in the amount of $1,541,219.37 (300-40).
CM - VOL 12 - 96
Regular Meeting March 8, 1993
Cm. Moffatt requested that the item related to the Sidewalk Repair
Program be pulled from the Consent Calendar for discussion. He
expressed concern about this program in as much as we are talking
about going to bid for $50,000. He suggested that this item be held
until after the Goals & Objectives meeting. His understanding was
that if the City continues doing repair work, the City is liable.
Mr. Ambrose stated at the last budget meeting, the City Council
identified 3 projects to be held up until we get the March sales tax
report. This was one of the items and the reason this item was
included was just to get authorization to go to bid. Once bids come
in, the City Council can still throw all the bids out. They don't
have to accept any of the bids.
Mayor Protempore Burton asked if we go to bid, is there an implied
responsibility.
Mr. Ambrose indicated that this is the repair program that was
approved in June of 1992.
Mr. Thompson advised that this program last year was split into 2
parts. He discussed the grinding portion of the program. He
estimated about $37,000 for the first phase. Staff doesn't want to
run this work into the next fiscal year.
Mr. Ambrose advised that if it gets pushed into next year, then it
probably would be eliminated.
Cm. Moffatt stated his main concern was the City assuming liability.
City Attorney Silver stated in terms of liability, it is better for
the City to have a proactive program of identifying sidewalks where
repairs are necessary than not doing anything. The Municipal Code
indicates that the property owner has responsibility as well as the
City.
Mr. Ambrose stated Staff was trying to minimize the City's exposure
for a trip and fall.
Cm. Moffatt made a motion to table this until more information is
available in 30 to 60 days. The motion died due to lack of a second.
On motion of Cm. Houston, seconded by Cm. Howard, and by majority vote
(Mayor Snyder absent), the Council authorized Staff to advertise
Contract 93-03 (600-30) Annual Sidewalk Safety Repair Program, for
bids. Cm. Moffatt voted against this motion.
PUBLIC HEARING
DUBLIN SWIM CENTER FEE SCHEDULE (250-10)
Mayor Protempore Burton opened the public hearing.
Recreation Director Lowart presented the Staff Report and advised that
a revised fee schedule for the Swim Center was prepared which reflect
CM - VOL 12 - 97
Regular Meeting March 8, 1993
changes in the marketplace and also in the cost of providing the
service.
Staff proposed to change the fee schedule as follows:
Single Admission
0 - 5 Years $ .75
6 - 17 Years $ 1.50
Adults $ 2.00
Seniors $ 1.50
Family Pass - $85.00 (Dublin Residents Only)
Swim Pass (15 Swims)
$ 7.50
$15.00
$2o.o0
$15.00
Cm. Moffatt asked if this had been before the Park & Recreation
Commission.
Ms. Lowart responded that due to the timing, it did not go before the
Commission,
Cm. Moffatt questioned the definition of a senior.
Ms. Lowart advised that a senior would be considered to be someone 55
years or over.
Mayor Protempore Burton asked for an explanation of the policy on
family passes being for Dublin residents only. He questioned why we
should make it a law if there were only 2 or 3 families-involved who
don't live in Dublin.
Ms. Lowart advised that the Commission will be reviewing the resident
requirement.
Cm. Moffatt agreed that the Park & Recreation Commission should
discuss this as a policy issue.
No members of the public gave testimony relative to. this item.
Mayor Protempore Burton closed the public hearing.
Cm. Moffatt discussed the family pass rate for Dublin residents only
and thought the Park & Recreation Commission should make a
determination on this.
On motion of Cm. Moffatt, seconded by Cm. Houston, and by unanimous
vote (Mayor Snyder absent), the Council adopted
RESOLUTION NO. 31 - 93
AMENDING THE FEE SCHEDULE FOR THE
DUBLIN SWIM CENTER
The Council agreed to defer the issue of non-resident family passes to
the recommendation of the Park & Recreation Commission.
* * , *
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Regular Meeting March 8, 1993
DUBLIN FINE ARTS FOUNDATION REQUEST
"ART AND THE ENV'rRONMENT" (600-30 & 900-50)
Recreation Director Lowart advised that the DFA is requesting to place
a temporary sculpture in the City right-of-way on the west side of San
Ramon Road and also a second exhibition which is still under consider-
ation, and finally, to place an exhibition in the Civic Center Lobby
area.
Ms. Lowart advised that the proposal for installation on the hillside
of San Ramon Road near Vomac Road is from Ray Beldner. The sculpture,
entitled, "Nature Remains", would have letters to be constructed out
of metal, mesh and recyclable materials donated by Livermore-Dublin
Disposal. The sculpture will be approximately 60' long and each
letter will be 4' high by 3' wide by 1' deep. The idea came from the
Walt Whitman poem. After you have exhausted what there is in
business, politics, conviviality, and so on - have found that none of
these finally Satisfy, or permanently wear - what remains? Nature
remains.
The temporary works are planned for installation during the week of
April 5th in order to coincide with Dublin Pride Week, and would
remain until the end of June.
Another component of the "Art and the Environment" celebration isa
Civic Center lobby exhibit highlighting the works created by 4th and
5th graders from the Art Education in the Schools.program. This
temporary exhibition will begin the week of May 10th and continue.
through the end of June.
Ms. Lowart stated it was her understanding that DFA has just selected
the artist for the second exhibition and that Lynne Baer would discuss
this.
Lynne Baer, Executive Director of the Dublin Fine Arts Foundation
thanked the City Council for its continued support. She then showed
slides of the concepts being proposed.
Mayor Protempore Burton expressed concern with open containers in the
'Nature Remains' exhibit which might attract mosquitoes.
Cm. Moffatt asked how long it would be up.
Ms. Baer stated it will go up on April 5th and will be taken down by
June 30th. They received grants and it is fully funded. They are
paying the artist to install the piece.
Mayor Protempore Burton asked if there will be publicity.
Ms. Baer advised that they will have a reception to publicize the
events. The second display which they hope to place on the grassy
area in front of the Library is by a Japanese American artist. The
display will point out that the environment is both man-made and
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CM - VOL 12 -,99
Regular Meeting March 8, 1993
natural. Her pieces reconstruct nature. The sch¢
is being underwritten by Lucky Stores.
Cm. Houston questioned on the 'Nature Remains' ex~
selected instead of something visual. His first
big HOLLYWOOD sign.
Ms. Baer stated this is the idea; they didn't fee]
be as strong to an image.
Mayor Protempore Burton asked if the Walt Whitman
somehow.
Ms. Baer said that it would.
Cm. Moffatt stated DFA alWays stimulates and projE
strongly supports this exhibition.
On motion of Cm. Moffatt, seconded by Cm. Howard,
vote, the Council approved the request, subject t¢
1) all installations, including location, shall be
Public Works Department; and 2) Staff shall prepa~
be completed by the Artists.
Linda Jeffery, President of the DFA thanked the Ci
advised that DFA will be starting another round of
pointed out that this is a good way to recognize r
ol project portion
Libit why words were
~hought was of the
the response would
poem will be tied in
~cts thoughts and he
and by unanimous
conditions that:
approved by the
e a signed waiver to
ty Council and
selling tiles.
.ew babies.
She
REPORT FROM BUSINESS TASK FORCE
ON FORMATION OF A BUSINESS ASSOCIATION (470-50)
Assistant City Manager Rankin presented the Staff Report and stated
that included in the adopted 1987 Downtown Specific Plan was a
recommendation that the City take steps to implement a Business
Association, as provided for under State Law. The City Council has
established a Business Task Force to consider issues suggested in the~
Specific Plan. The Task Force has completed an in-depth review and
has formulated a recommended approach on this issue.
Mr. Rankin advised that throughout the process, the Special Programs
Subcommittee found that businesses were interested in the concepts;
however, there was not a strong sense of commitment to establish an
Association. This is partly due to the nature of small businesses and
the difficulty in spending time away from their business. To be
successful, there needs to be a core group of businesses which
enthusiastically support the effort.
Mr. Rankin stated the consensus of those participating in the Task
Force meetings was for the City to encourage the Chamber of Commerce
to undertake a leadership role in addressing the needs and concerns of
the Dublin Retail Community. Staff recommended that this effort be
structured to identify specific issues and topics to be addressed. It
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CM - VOL 12 - 100
Regular Meeting March 8, 1993
is not foreseen that the City would have a direct role beyond having a
Staff Member available to respond to any issues which come up where
the City has an obligation.
Janet Lockhart advised that the Chamber Board will meet on Wednesday.
Discussion so far has been that this is a great project for the
Chamber of Commerce to take on. They will be seeking to learn if
there is an interest in the business community. She sees this as a
positive step, and feels there is a real openness to this.
Mayor Protempore Burton stated he was glad to see the Chamber of
Commerce coming into this process.
Ms. Lockhart stated what is needed now is to communicate real well.
Mayor Protempore Burton 'complimented Staff for always being there and
putting a lot of effort into this. It apparently just wasn't the
right program or the right timing. It looks like we are resolving at
least one of the issues though in getting the City Council and the
Chamber of Commerce together.
Cm. Houston passed out to the CounCil a newspaper article about the
City of Tracy. The secret of their success was they really used an
Economic Development Committee to get their city going. This might be
something to discuss With Tracy's representatives.
Mayor Protempore Burton advised that one of the consultants who spoke
to the group was from Tracy.
Cm. Houston stated he thought you have to include the whole City in
something like this, not just 1 or 2 streets.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous
vote (Mayor Snyder absent), the Council authorized the Mayor to send a
letter to the Chamber of Commerce leadership to encourage their
efforts to address issues facing the retail business community.
BUSINESS TASK FORCE REVIEW OF
MODIFICATION TO POLICY GOVERNING OUTDOOR SALES (450-20)
Assistant City Manager Rankin presented the Staff Report and advised
that in April of 1992, the City Council received a request to
reconsider current restrictions which prohibit outdoor sales. The
City Council suggested that the issue be considered by the Business
Task Force. The Task Force has provided input as to issues which
should be covered by a revision. In addition, Staff has presented a
means by which outdoor sales could be approved under the current
Ordinance, while a modification is being developed and considered.
Mr. Rankin discussed the current restrictions and the City Council
policy on outdoor sales, which was established in 1984. The Business
Task Force review and findings were also discussed.
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CM - VOL 12 - 101
Regular Meeting March 8, 1993
Mr. Rankin stated Staff recommended that the City Council pursue a
process which would allow outdoor sales to be approved without the
requirement for an ACUP. A process utilizing a Zoning Clearance could
be developed, which would be consistent with the current approval of
other temporary uses. The process to accommodate this change was
discussed.
An interim process which would allow for the conduct of special sales
this summer was identified and discussed. The process would involve
the City Council adopting a resolution which revises the current
policy regarding the interpretation of outdoor sales. In the
meantime, Staff would work on the amendments to simplify the approval
by having the permit issuance handled as a Zoning Clearance.
Mr. Rankin advised that if the Council is interested in pursuing a
modification, it will be necessary to identify the priority of this
project in relation to other assignments.
Cm. Moffatt asked if there would be any input from local businesses in
developing some new concepts. Will this be Staff developed or with
cooperation of some of the community?
Mr. Rankin stated they have the input from the Business Task Force and
the Chamber of Commerce has discussed this with a separate group of
businesses. Staff would Present something before the Planning
Commission at a public hearing. The intent is to move it along ~and
there would be hearings before both the Planning Commission and the
City Council.
Cm. Moffatt asked if there was any way to speed up the process for a
Zoning Clearance from 30 days.
Planning Director Tong clarified that the Zoning Clearance is
basically an over-the-counter process, but there is a 5-day appeal
period. Both the Zoning Clearance and an ACUP have a set $25 fee.
Mayor Protempore Burton felt that people will be asking what the
criteria is for promotions. Will every little store or place have to
have a permit? we should look at joint promotions. The Planning
Staff and Task Force should review this.
Cm. Houston asked if a store wants to have a promotion once a quarter,
do they have to come in each time or can they come in once at the
beginning of the year and state they will be having sales every
quarter? He would like to see it as a one-time fee for the year.
Mr. Rankin stated the difficUlty is whether or not they would know
what days they will have the sales and the specifics.
Cm. Houston questioned the reason the City needs to know this. Maybe
we don't need to be on top of every single thing with the business
community.
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CM - VOL 12 - 102
Regular Meeting March 8, 1993
Mr. Rankin advised that potential traffic control is one
consideration.
Mr. Ambrose questioned how we would make certain that people are not
violating our Ordinance. There has to be some way of checking it or
why do we have the Ordinance. Guidelines must be adopted. He
questioned whether an interim process would work without guidelines.
Cm. Houston stated San Ramon has some very liberal guidelines for
outdoor sales, particularly during the summer months.
Janet Lockhart stated this issue got more attention from the business
community than anything in a long time. They worked on this over a
period of a few months. The consensus was that everyone was excited
about getting this rolling for this summer. The Chamber of Commerce
wanted to find an idea for getting businesses working together and
getting everybody excited about doing this. The Chamber is interested
in helping to promote this but they are limited in how much they can
actually do in setting up the events. They see this as a real
opportunity for the business community to come together and Work with
the City.
Cm. Houston asked if the Chamber had had time to review the draft
resolution.
Ms. Lockhart stated she would be happy to bring this up for discussion
at the Board meeting on Wednesday.
Mayor Protempore Burton indicated that the CUP is an interim measure
which would allow them to have their outside sales this year. It will
also give the City Council ideas on what types of things need to be
added.
On motion of Cm. Houston, seconded by Cm. Moffatt, and by unanimous
vote (Mayor Snyder absent), the Council directed the Planning Staff to
prepare a Zoning Ordinance modification based upon the input to date
for consideration by the Planning Commission. The Council adopted
RESOLUTION NO. 32 - 93
AMENDING THE CITY COUNCIL POLICY ON OUTDOOR SALES
AND AUTHORIZING APPROVAL SUBJECT TO SECTION 8-60.60.1
OF THE ZONING ORDINANCE
With regard to the priority of this project in relation to other
assignments, given the current reduced staffing in the Planning
Department, the Council concurred that this should be given priority
over all the other Zoning Ordinance Amendment studies except for the
auto dealership signage study which was initiated in 1992.
CM- VOL 12 - 103
Regular Meeting March 8, 1993
ACCEPTANCE OF GIFT TO CITY (150-70)
Recreation Director Lowart advised that the parents of those children
enrolled in the City's Preschool Program recently conducted a raffle
to generate funds for the Program and collected $295, which they would
like to donate to the City.
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous
vote (Mayor Snyder absent), the Council accepted the gift and directed
Staff to prepare a formal acknowledgment to the donors.
OPTION TO ACCEPT OR REJECT
THE DELEGATION OF THE IMPLEMENTATION OF THE BAY AREA
AIR QUALITY MANAGEMENT DISTRICT'S TRIP REDUCTION ORDINANCE (590-80)
Public Works Director Thompson gave the Staff Report and advised that
the City of Dublin adopted a mandated Trip Reduction Ordinance which
requires employers who employ 100 or more employees to have an in-
house program to encourage employees to use mass transit. The Bay
Area Air Quality Management District now has a similar, but more
restrictive TRO and is asking if the cities would like to implement
the BAAQMD's ordinance in lieu of the District implementing their own
ordinance.
Cm. Moffatt asked if this decision is made now, can we go back in the
future and change our minds.
Mr. Thompson stated if we decide to take it over, we do have the
option to get out at some time in the future. He felt that things
will change in the next year and a half and the rules might be more
liberal in allowing us to go back and forth from one to the other.
Cm. Moffatt asked if we can utilize our existing Ordinance until 1994.
Mr. Thompson advised that the DiStrict wants to know by the end of
April on how we want to go.
Mr. Ambrose stated this is an opportunity to give the mandate back.
Mayor Protempore Burton stated he was concerned that the Air Quality
group has tremendous power they haven't used yet. They will be a
gargantuous agency. He stated he was inclined to want to keep control
for as long as we can.
Mr. ThOmpson stated the problem is they put it all on us to administer
their program. If we are found to be in violation, they can come
after us.
Cm. Moffatt felt we should say to the Air Quality Board that we will
give it up in 1994 and in this way, we can have our own rules until
then; otherwise we have to adhere to their high standards and enforCe
it.
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Regular Meeting March 8, 1993
On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous
vote (Mayor Snyder absent), the Council agreed to not accept BAAQMD's
TRO delegation of authority and to continue implementing Dublin's TRO
until July 1994, and authorized the Mayor to notify BAAQMD by letter
of the Council's action.
ITEM ADDED TO AGENDA
DISCUSSION REGARDING FACILITATOR AT EAST DUBLIN MEETING (420-30)
Planning Director Tong advised that Staff had contacted 3 or 4
professional facilitators regarding the possibility of covering the
March 30th meeting regarding the East Dublin GPA & SP. Several
indicated their availability and stated they would meet with Staff,
review background models and then hold a debriefing meeting with Staff
for $1,800 to $2,000. Staff would need to let the facilitator know
right away, and requested direction from the Council.
Mayor Protempore Burton stated the memo which was distributed,
"Environmental Groups' List of Major Points of Disagreement with
Proposed Specific. Plan/General Plan Amendment for Eastern Dublin" did
not sound as if they were willing to compromise in any way.
Cm. Moffatt felt there should be some kind of a conflict resolution
type of meeting. We could say these are the big points and these are
the little points and then the City Council could make a decision on
how they feel is the best way to go. This will bring everything out
on the table and the public will have a chance to have input. We have
gone through this for 4 or 5 years and there are still some problems
and this would be an attempt to resolve these problems.
Cm. Howard pointed out that Ted Fairfield had volunteered to pay for
the facilitator.
Mayor Protempore Burton stated he felt the letter was very negative,
but the City should at least try to reach some compromise.
Ms. Silver stated the document being referenced was not part of the
public record. A copy should be given to the City Clerk.
Staff advised that the letter came in addressed to the City Clerk and
copies were made for the City Council and Staff.
Mayor Protempore Burton stated the objective was to get this over
with. Whoever is involved should realize that the City Council can't
start over.
Janet Lockhart stated she felt a facilitated meeting was a good idea.
Local businesses could give input.
Becky Hopkins stated she also felt this was a very good idea and
effort on the Part of the City to show the community that we do want
to work this out. Hiring a facilitator to do this would be a very
positive show of this.
CM - VOL 12 - 105
Regular Meeting March 8, 1993
Steve Lockhart stated he would like for the City to accept Ted
Fairfield's' $2,000 donation to help pay for this expense.
Mayor Protempore Burton stated he had been advised by the City
Attorney that it is not a good idea to accept this money.
On motion of Cm. Houston, seconded by Cm. Howard, and by unanimous
vote (Mayor Snyder absent), the Council directed Staff to proceed with
a facilitator for the March 30th meeting.
Mr. Ambrose felt that the Council can identify those issues that
require further study so that on April 20th, the Council could deter-
mine if further review would be required by the Planning Commission.
Mayor Protempore Burton stated his understanding was that the CoUncil
should not be in attendance on March 30th.
Ms. Silver stated the Council should be there as it will be a public
hearing.
Mr. Ambrose stated the Council could give direction on alternatives to
pursue.
Mayor Protempore Burton stated it should be understood that the
Council will not be making the final decision that night.
Mr. AmbroSe indicated that if there are substantial changes, the
Planning Commission will have to reconsider the issue.
Discussion then centered around whether or not the Council will be
able to make a final decision on April 20th.
Ms. Silver advised that if the CoUncil gives Staff preliminary
direction on March 30th to look at certain issues and to come back on
April 20th, then the Council may be able to take a straw vote or
possibly even a final vote. It depends on the direction given on
March 30th. Some of the ideas discussed might require a supplement 'to
the EIR.
The Council agreed to hold the meeting in the Regional Meeting Room
and to begin at 7:00 p.m.
OTHER BUSINESS
Business Registration for Firearm Dealers (390-40/585-80)
Cm. Moffatt stated he recently saw an article in the newspaper about
private gun dealers, which indicated that Dublin has 24 private
firearm dealers in the City. He questioned if they are licensed as
businesses in Dublin and also if the Police Department was aware of
where they are located.
CM - VOL 12 - 106
Regular Meeting March 8, 1993
Chief Rose stated he was aware that Dublin has quite a few. We have
people who have their dealership through their residence.
Cm. Moffatt stated he was concerned and wanted to make sure they are
all registered.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 9:38 p.m.
ATTEST:
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Regular Meeting March 8, 1993