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HomeMy WebLinkAboutItem 3.1 Approve 09-27-1982 Minutes Lt. Shores was present to comment on the situation with respect to large trucks, illegally parked on Silvergate, and what the Sheriff's Department was doing about the matter. Shores indicated they had recently tagged three trucks - instructed to move immediately. The wife of one of the men who drives one of the trucks telephoned this morning indicating they had had an agreement with the County for several years allowing them to park there and she didn't understand why the City was now taking this attitude about them parking there. They didn't realize they were doing anything wrong. Shores clarified that the shoulder was part of the roadway and the sign that says "no parking" applies to more than just the street area. They voided the three citations they wrote as there is a lot of confusion. Consensus was that three truckers now have the message and we will enforce it in the future. * * * * ADJOURNMENT There being no further business to come before the meeting it was adjourned at 10:55 p.m. APPROVED �w AA...— Mayor / ATTEST 2dowilL.0 4S(1) City Clerk * * * * C Regular Meeting - September 27, 1982 A regular meeting of the City Council of the City of Dublin was held on Monday, September 27, 1982 in the meeting room, Dublin Library. The meeting was called to order at 7:35 p.m. by Mayor Peter Snyder. * * * * ROLL CALL PRESENT: Councilmembers Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder. * * * * PLEDGE OF ALLEGIANCE The Mayor led the Council , Staff and those present in the pledge of allegiance to the flag. * * * * CONSENT CALENDAR The minutes of the regular meetings of August 23 and September 13, 1982, the Warrant Register in the amount of $6,934.21 , and the Treasurer's Report, on motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote were approved. * * * * PROCLAMATION A Proclamation was presented to the organization "Sweet Adelines, Inc." in celebration of 37 3. t CM-1-135 0 years'of harmony in recognition of "Share A Song Week 1982", October 1-7, 1982. Eight members of the group were present and performed songs for the enjoyment of the Council and audience. * * * * COMMENDATION A proclamation of commendation was presented to Robert W. Adams, who assisted officers of the Dublin Police Service to subdue a suspect on September, 5, 1982. Mr. Adams accepted and indicates he felt it was his duty to get involved and offer.help. where he could. * * * * REQUEST RELATED TO REMOVAL OF DUBLIN BOULEVARD MEDIAN H. Ben Maghsoudi addressed the Council with concerns with problem of access to his Shell .Station at 11989 Dublin Boulevard. He is looking at possibility of opening a 24 hour Mini-Matt and I felt removal of median would greatly increase his business. After discussion, because a contract City Engineer is to be on board approximately October 30th, their first project will be to look at general traffic problems in Dublin. * * * * PUBLIC HEARING - LOVENS APPEAL Woodworks Home Center and Willard R. Lovens were tentatively granted a Conditional Use Permit to allow operation of a tavern and a Variance to allow less than the required number of off-street parking spaces. Ross Woodard and John Tremoulis, Nasaw Properties, appealed the application. Willard Lovens addressed the Council stating he did not wish to belabor the fact, but did �. desire to give a little background. In July he applied for a Conditional Use Permit and a Parking Variance. He was under impression from landlord of the building that it was not in violation with CC&R's currently in use for that building. He was granted the Conditional Use Permit and the Parking Variance through Alameda County on July 14, with a 10 day appeal period. They did check with the County, although unfortunately they did not check on the last day, the day the appeals were filed. From there, he was under the impression, that because the County did not contact him, that the Conditional Use Permit and the Variance allowing the parking were in effect for one year. He could not open until 12 noon any day of the week, did not specify Saturday and Sunday. He then proceeded to take a loan on his home, purchase a liquor license and place it in escrow. Construction on the inside of the building was to begin last week and then on Friday, he received notice from the City of Dublin indicating the appeal would be heard at this meeting. That's approximately 2 months after the original • Conditional Use Permit and Parking Variance were submitted and as he understood, were approved. He's in a very difficult position at this time, as he was scheduled to open on Labor Day 'k` weekend. He has also committed himself to a rather sizeable loan. He wouldn't have gone this far had he been notified by the County. He realized it wasn't due to neglect on the part of the City, but was displeased with the fact that he was not notified by the County that an appeal was filed on the last day, although he did not personally check. He felt, however, that the County had an obligation to inform him that appeals were filed, and they did not. Mr. Tong stated that the files received from the County do not indicate whether or not notices were given. The structure is a two story with stairway located internally, however, from a building code standpoint, Mr. Tong pointed out, the upstairs cannot be used for retail business, but only for storage or private office. The building code for occupancy for such a facility would allow one occupant per 15 sq ft of area. Eight tables would be provided as well as bar seating for 16, so that is 48 people. Mr. Lovens indicated there is almost 2,000 sq ft downstairs. The upstairs could be used provided another stairway was installed and in the future, if business permitted, Mr. Lovens indicated this was a viable possibility. this would present an even greater parking pro lem. Mr. Lovens clarified Cm. Hegarty- felt a that he would use the upstairs for possible shuffleboard or pool tables, not requiring seating. It obviously would require parking spaces, but since the other businesses would not have the same operating hours as he, parking spaces from adjacent location would be available. An additional 30 spaces are available across gardening strip behind Handyman that are never used. He stated that even if he got up to the maximum number of people (90) there would be enough parking. Mayor Snyder asked whether he had obtained permission to use the Handyman parking facility and the answer was negative. Cm. Burton expressed opinion that there is a problem turning around should there be a fence erected, an even greater problem. Cm. Burton further questioned fact that applicant believed he had received the green light from the County and elaborated that this whole process was for 1 year only. Mr. Lovens indicated he had owned his own business in the San Francisco area for years and has experience in this area, and felt that what he was proposing and what he had to offer, felt business would be successful . He felt that location was a good one and it could be seen from I-680 and advertising would play an important part. John Carey, attorney for appellant, Nasaw Properties addressed the Council . Mr. Carey indicated he had reviewed Alameda County's file on this and saw that some notices did go out, but didn't recall who the people were. With regard to Mr. Lovens investments thus far, their primary objection is the parking, and it is unfortunate that problems associated do exist. Police protection is a great concern, in that a business that closes down while alcoholic activities will exist exposes them to a great extent. He felt there was no reason to feel that Mr. Lovens will run anything other than a first class operation, but fact remains that where there is alcoholic beverages served, problems do exist. To the extent that Mr. Lovens business succeeds, they fail . He felt that restriction placed upon future business to have restricted business hours, was an unintentional imposition of a restric- tion on tenants they can take in. He felt the City should not be an unwitting partner to a definite restriction on the way the owners of the property in front can attempt to take investment into the property. Any of the existing businesses that would wish to expand or stay open longer hours, would be prohibited. Strongly opposed to granting of Permit and Variance. Freeman Graves, an attorney representing Gordon Fisk, owner of rear building addressed the Council . Woodworks Home Center is located on. part of the rear property. The parking there, according to Mr. Graves is 38 spaces rather than 33 spaces. They're trying very hard to find someone to occupy the remaining site, and felt Mr. Lovens would make an ideal tenant. He felt there was more than adequate parking spaces available as well as easy ingress and egress. They did not receive notice of the appeals. They felt Mr. Lovens should be -given a chance, and be allowed to open his tavern for one year. • After further discussion, on motion by Cm. Moffatt, seconded by Cm. Jeffery, and by majority vote, the Council denied the application allowing Mr. Lovens a Conditional Use Permit and Parking Variance, by the following vote: Ayes: Cm. Hegarty, Jeffery; Moffatt and Mayor Snyder; Noes: Cm. Burton. * * * * CITY SEAL & LOGC Mr. Frank Uhlig presented several draft. design concepts to the Council . After reviewing, the number was reduced to about 5 variations and the Council asked that he elaborate on these 5 designs and come back at a later date with further elaborations to these designs. * * * * EMERGENCY AMBULANCE SERVICE PROGRAM AGREEMENT The City has been notified by Alameda County that the Board of Supervisors has approved the rM_1_117 renewal of the Emergency AmbuTlihce Agreement with Fremont/Tri-L'fties Ambulance Service, Inc. , for a three-year term beginning July 1 , 1982 and ending June 30, 1985. The Agreement provides emergency ambulance service to Zone IX, which includes Dublin, Pleasanton, Livermore and the surrounding unincorporated areas of the County. Under the terms of the agreement, the City would be required to reimburse the County for all dry run services rendered by the ambulance provider within the City of Dublin, and all standby services requested by either Dublin Police or the Dublin San Ramon Services District Fire Department. There are approximately 450 ambulance calls per year in the City of Dublin. Of those calls, approxi- mately 160 result in dry runs (no transport). Standby services are seldom ever used within the City. The cost to the City is $31 .50 per run or approximately $5,000 per year. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote the Council agreed to adopt resolution approving agreement. * * * * PARTICIPATION IN ALAMEDA COMMUNITY BLOCK GRANT PROGRAM The City has been invited to participate in the Alameda County Community Development Block Grant Program. The program is intended to undertake community renewal and lower income housing assistance projects. The main criteria for project eligibility is that it benefits low and moderate income households. Mr. Lane Bailey from the Alameda County CDBG Program made presentation re the program to the Council . On motion by Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote the Council recom- mended that the City participate in the program by entering into an agreement. * * * * POLICE TELEPHONE SERVICE Staff has investigated the cost of installing a switching system on the police telephone line which would automatically switch all calls made to the City office police number to Eden Township Station dispatch after 4:00 p.m. Police dispatch would be able to ascertain the nature of the callers inquiry and take appropriate action. The Staff requested that the Council authorize a $1 ,500 budget transfer from contingent reserve to building management account. Various telephone company means for accomplishing this were discussed. Call forwarding will be checked into and reported back at next meeting. On motion by Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote the Council authorized a budget transfer of $1 ,500. * * * * STREET LIGHTING ASSESSMENT DISTRICT Upon incorporation, the City was automatically excluded from the County Service Area for street lighting. However, the County Service Area continued to provide street lighting services to the City of Dublin up to July 1 , 1982, because Dublin property owners had paid their assessments up to the end of fiscal year 1981-82. In order to defray street lighting costs from the City's general fund, in fiscal year 1982-83, the City Council on June 21 , 1982 requested annexation to the County Service Area SL-1970-1 . LAFCO and the County Board of Supervisors approved the annexation, with the understanding that the City would withdraw from the County Service Area in approximately one year during which it would have adequate time to form its own local street lighting assessment district. Since the formation of such an assessment district can take several months, the Council should determine whether it wishes Staff to pursue the formation of a local street lighting district. The formation of a local assessment district would require the services of a law firm and engineering consultant which specializes in this ar . The Council discussed possibility of City controlled lighting and maintenance. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote the Council decided to defer this issue until January 1 , 1983 at which time the mid-year financial forecast review will be available. * * * * OTHER BUSINESS Division Breakfast - League's Annual Conference The East Bay Division of the League of California Cities has scheduled a Division breakfast meeting in conjunction with the League's Annual Conference in San Diego. Reservations will ' be made for all Councilmembers wishing to attend. _' Backlog - Possibility of hiring additional temporary help i Cm. Burton expressed concern over the backlog of applications awaiting processing. He wished to open up for Council discussion the possibility of hiring additional temporary help to clear this backlog. After discussion, it was agreed that Staff would provide Council with an update at future meeting on timing of specific applications, and would be able to determine whether temporary assistance was needed at this time. • Meeting by AD HOC Committee on Parks & Recreation Cm. Jeffery questioned recent meeting by AD HOC Committee on Parks & Recreation, as to feedback she had received related to the committee setting priorities. Cm. Hegarty clarified that the meeting was to get something out to the public as to what they wanted in a priority sense. He indicated they had asked the City Manager to get a cost estimate to do a professional survey. Communication from Gib Marguth Mayor Snyder indicated he had received communication from Gib Marguth thanking City for their opposition to SB #53 and advising that the bill was dropped in light of all the opposition. * * * * ADJOURNMENT There being no further business to come before the meeting it was adjourned at 11 :55 p.m. APPROVED Mayor ATTEST City Clerk * * * * CM-1-139