Loading...
HomeMy WebLinkAbout07-27-1992 Adopted CC MinutesREGULAR MEETING - July 27~ 1992 A regular meeting of the City Council of the City of Dublin was held on Monday, July 27, 1992, in the Council Chambers of the DUblin Civic Center. The meeting was called to order at 7:30 p.m., by Mayor Snyder. ROLL CALL PRESENT: ABSENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. None. PLEDGE OF ALLEGIANCE (6'10-20) Mayor Snyder led the Council, Staff and those present in the pledge of allegiance to the flag. CUSTOMER SERVICE AWARD FOR AUGUST (150-90) City Manager Ambrose presented the August Customer Service Award to Lee Thompson, Public Works Director. Mr. Ambrose advised that Lee was nominated by his peers for demonstrating exemplary customer service skills. Lee was presented with a restaurant gift certificate and a coffee mug displaying the City's customer service motto° Mr. Thompson thanked his co-workers who nominated him and also thanked the City Council for supporting the Customer Service Program° proposed Addition to Agenda - Placement by City Council of AdviSory Measure Re West Dublin on the November Ballot (610-20) Cm. Moffatt indicated he would like the Council to consider adding an emergency item to the agenda. He would like the City Council to place on the November ballot~ an advisory measure regarding the western development issue~ so that citizens could make an informed decision. He questioned Staff regarding the necessary timing for such an action. .. City Clerk Keck advised that August 7th is the last day that the Council could place a measure on the November ballot. The exact wording would have to be forwarded to the Registrar of Voters no later than that date. Cm. Jeffery questioned why Cm. Moffatt wanted to do this. CM - VOL 11 - 291 Regular Meeting July 27~ 1992 Cm. MOffatt stated some of the benefits have not been relayed to the people as a whole on'what was approved. He would like to see this done on the November ballot to save the City some money. City Attorney Silver advised that a vote should be taken on whether or not to add this to the agenda before discussion occurs. The reason should be included in a motion, that being because the election deadline is August 7th. She pointed out that it will require a 4/5 vote to place it on the agenda. Cm. Moffatt made a motion which was seconded by Cm. Burton to place this on the agenda for discussion. The motion was defeated due to dissenting votes cast by Cm. Howard, Cm. Jeffery and Mayor Snyder. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of July 13, 1992; Received the Spring Quarter 1992 Recreation Report (950-30); Adopted RESOLUTION NO. 90 - 92 APPOINTING DIRECTORS TO THE ABAG PLAN CORPORATION ON BEHALF OF THE CITY OF DUBLIN (~70-~0) and RESOLUTION NO. 9~ - 92 DESIGNATING EMPLOYEES AUTHORIZED'TO APPEAR IN SHALL CLAIMS COURT ON BEHALF OF THE CITY OF DUBLIN (An~rose, Rankin, Molina, Thompson) Accepted improvements under Contract 92-02 Annual Street Overlay/ Dougherty Road Bike Path, Phase III/Street Subdrains and authorized $47~174.92 final progress payment and retention to Les McDonald Construction and transferred $305.15 from Unallocated Reserves to the Dougherty Road Bike Path project (600-30)~ Approved Warrant. Register in the amount of $403,871.31 (300-40). REOUEST FOR EXCEPTION TO SHANNON CENTER FACILITY USE POLICY (2~0-L0) Recreation Director Lowart advised that Dr. Craig Madsen, a Captain with the Salvation Army and representative of the Amador Valley Christian Fellowship has requested an exception to the continuous use provision of the Facility Use Policy for the Shannon Community Center. CM - VOL ~ - 292 Regular Meeting July 27~ ~992 Dr. Madsen has requested use of the East Room, West Roomf and the A&B Room on Sundays from 10 a.m.f until 12 noon for worship serviceso MSo Lowart explained that under the current policy~ continuous use is accepted on a quarterly basis only~ and is limited to City users, certain school districts, the Dublin Chamber of Commerce and Community Groups having certain membership qualifications° The Park & Recreation Commission considered the request on July 14th and voted in favor of allowing continuous use by the Amador Valley Christian Fellowship and recommended that the City COuncil grant an exception to the policy. The Commission felt that additional revenue could be generated for the City by allowing this use. Research indicated that Shannon Center was rented an average of 8 Sundays per year for the last 2 years~ Ms. Lowart explained that Staff was recommending denial of the request at the present time. Revisions to the Facility Use Policies for all City facilities are currently being undertaken and Staff felt it would be premature to make an exception to the policy~ It is anticipated that the revised policies will be brought before the City Council for approval in October. Cm. Moffatt stated he believed the School District allowed this type of use to occur on their property. He felt the Salvation Army has alwaYs been a worthwhile organization and has helped unfortunate folks. If they were allowed to meet at Shannon Center for a period of time~ they would probably get the necessary 51%. Ms. Lowart addressed the School District's policy and stated they only allow use up to 4 times in one year. They have a different type of criteria. Cmo Moffatt felt that if the use was educational~ they could meet all the City's criteria° Cm. Jeffery stated in the letterf there was a statement that should the facility be needed for something else, they would give it up. She asked if this had been verified. Ms. Lowart responded that it had been verified verbally. cm~ Jeffery questioned how we address the church state separation situation. City Attorney Silver stated the policy allows the use with 51% membership if it is recreation or education in nature. It is our policy that we do not allow continuous use by religious organizations. If the City CoUncil wishes to amend the policy to allow continuous use by religious organizations, they can do it. It would be an open forum policy and they would then have to allow continuous use by any religious organization. The only criteria would be the availability° Cm. Jeffery felt this could open a Pandora's BOx. CM - VOL 11 - 293 'Regular Meeting July 27, 1992 Cm. Moffatt questioned if they could offer an educational course. Ms. Silver responded the problem is that that would involve entanglement between church and state under the need to determine if the use is educational or religious. The recent issue of placement of banners over San Ramon Road by religious groups was similar in nature. The City's banner policy is an open forum policy allowing any group to use the banner poles. Dr. Madsen passed out brochures to the Council and stated for years, they have been helping inner city people. They're now working on a pilot program to deal with preemptive work to hold families together. His background is in marriage and family counseling. Only 13% of the people in the Valley go to church. This is being called a transdenominational group. Compulsiveness is a yuppie diseasef and they want to offer help to the suburbs. They have been meeting at the Holiday Inn in Pleasanton since March. Dr. Madsen noted that their use would inCrease by 1/3 the budget for Shannon Center. They would be willing to pay up front to show good faith° They hoped to kick off their program in the fall of this year. Cm. Burton asked what the group's alternatives were if they can't use Shannon Center° Dr. Madsen responded that they will stay at the Holiday Inn until they find a place. They want to stay in the area° Cm. Burton advised that the policy will be reviewed and brought before the Council for revisions in October° If the Council allows the use now, it would have to change the policy. Dr. Madsen clarified that they are asking for an exception. Ms. Silver stated it would be preferable to amend the policy. This could be done at this time, but then it would open the use for all. Cm. Moffatt asked if it cOuld be done through a CUP° Ms. Silver advised that a CUP is appropriate where someone owns property and wants a conditional use for the propertY. Shannon Center is City property. The Council is dealing with 2 issues: one issue would be to change the requirement to allow for religious purposes and the other is that 51% of membership must be residents of Dublin. Cm. Burton felt the group could be given some lead time to meet the membership requirements. Cm. Jeffery stated she felt it was a mistake to change a policy before looking at all the ramifications. Time needs to be dedicated to review the entire policy. On motion of Cm. Burton, seconded by Cm. Jeffery~ and by unanimous vote~ the Council agreed to postpone any decisions on this application CM - VOL 11 - 294 Regular Meeting July 27, 1992 until they have had a chance to review the use policy for Shannon Center. Mayor Snyder expressed concerns that this could get through the Park & Recreation Commission and then back to the City Council by October° Ms. Lowart advised that some policy language has gone before the Park & Recreation Commission already and she feels they will be in a position after 2 more meetings for it to come to the City Council° They could also fast track the Shannon Center policy. Cmo Moffatt noted that the Park & Recreation Commission voted in favor of this exception and he questioned if it was primarily for economic reasons. Ms. Lowart stated the Commission also felt the works of the Salvation Army are worthwhile and they were in favor of allowing this type of use at Shannon Center° Dr. Madsen asked if they could get in under an exception and then wait for the policy to be reviewed. Mayor Snyder stated he felt that what is being proposed is the best situation for everyone. There is an indication on the part of the Council to do something to modify this as rapidly as possible° Dr. Madsen should stay in touch with Ms. Lowart with regard to timing. Cm° Burton stated the Salvation Army has always been up front~ but they must realize that the Council has to work within the City's established framework° Cm. Jeffery Clarified that it should be understood that the City Council is not preapproving their request before reviewing the policy° PUBLIC HEARING - TRACT 5511 LANDSCAPING & LIGHTING ASSESSMENT DISTRICT NO. 86-1 (360-20) Mayor Snyder opened the public hearing° Public Works Director Thompson advised that this Assessment District which was formed in November, 1986, funds maintenance of certain common landscaping improvements within Tract 5511~ the Villages @ Willow Creek development off Dougherty Road. The 1992-93 assessment is proposed to be $84.22 per single-family lot and $41o22 per condominium/townhouse lot. The City's costs for maintaining landscaping within District boundaries are reimbursed by the District. Mr. Thompson advised that notice of the public hearing was published, posted, and mailed to property owners in accordance with Government Code regulations. Staff additionally mailed a newsletter to property owners which described events that took place in the District over the past year. An informal meeting was scheduled for Thursday, July 9th, however, none of the homeowners attended the meeting. CM - VOL 11 - 295 Regular Meeting July 2?, 1992 Janet Bray, representing Rafanelli & Nahas, stated they were opposed to any increase. They were concerned about the horrible conditions that exist on the City's portion of the landscaping. They are responsible for 40% of the assessment and would like to see a better maintenance system in the medians. Mro Thompson pointed out that the ~median is not part of this assessment district. He advised that there was an auto accident a couple of weeks ago which did damage to a median area, but it will be fixed as soon as insurance issues are resolved. Ms. Bray stated she was also referring to the area between Crosscreek and Dublin Meadows. Mro Thompson advised that periodically, the weeds near the creek are cut, about once a year. This area will eventually belong to Zone 7o Mayor SnYder suggested that if the areas being discussed are not part of the assessment district, Ms. Bray should get together with Mr. Thompson to exchange information and resolve the situation. Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 9Z m 92 APPROVING ENGINEER'S REPORTv CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1956-1 PUBLIC HEARING - ORDINANCE WHICH ADOPTS 1991 EDITIONS OF UNIFORM CODES FOR BUILDING, PLUMBING AND MECHANICAL Mayor Snyder opened the public hearing. Building Official Taugher presented the Staff Report and advised that State Law requires the City to adopt new editions of the Uniform Codes within 6 months after the State has adopted same. An Ordinance which would adopt these Codes was introduced at the July 13th Council meeting~ Mr° Taugher advised that major changes relate to swimming pool fences and fire sprinkler requirements. Other minor changes related to correcting typographical errors and page numbers, and deleting sections related to septic tanks. In addition, the Oridnance was modified as directed by the City Council at the July 13th meeting. Mr. Taugher explained that the City Council must make findings as to the necessity for the changes and a Resolution had been drafted which makes those findings. CM - VOL ~ - 296 Regular ~eeting July 27~ 1992 Cm. Burton questioned whether roofing material requirements were new sections of the code. Mr. Taugher explained that these requirements .had been part of the City's local code for several years. No comments were made by members of the public relatiVe to this issue° MaYor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatts and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 12 - 92 AMENDING CHAPTER 7.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO BUILDING REGULATION ADMINISTRATION AND AMENDING CHAPTERS ?.32v 7.40, 7.44 AND 7.48 OF THE DUBLIN MUNICIPAL CODE BY ADOPTING THE 1991 EDITION OF THE UNIFORM BUILDING CODEr 1991 EDITION OF THE UNIFORM PLUMBING CODE AND 1991 EDITION OF THE UNIFORM MECHANICAL CODE BY REFERENCE WITH AMENDMENTS TO SAID CODES and RESOLUTION NO. 93 - 92 MAKING FINDINGS AS TO WHYAMENDMENTS TO THE UNIFORM CODES ARE NECESSARY PUBLIC HEARING ORDINANCE ESTABLISHING COMPENSATION FOR MAYOR (700-20) Mayor Snyder opened the public hearing° City Clerk Kay Keck advised that on July 13th, the City Council declared Ordinance No. 11-92s an Ordinance providing for the direct election of the Mayor by a vote of the peoples to be effeCtive on July 23, 1992. State Law provides that the Mayor may be compensated in addition to that compensation which he/she receives as a Councilmember° This compensation would begin when the City's first directly elected Mayor is sworn into office following the Novembers 1992 election° At the last Council meeting, Staff was directed to survey other cities with regard to compensation for directly elected mayors. Ten cities were surveyed and the results presented in the Staff Report. Staff was also directed to prepare a job description for the position of Mayor° The City Attorney has reviewed the applicable Government Code Sections and provided this information° Ms° Keck pointed out that the only duty a directly elected Mayor has that is different from a Council appointed Mayor is that a directly elected Mayor makes all appointments to boards, commissions and committees, with the approval of the Council. CM- VOL 11 - 297 Regular Meeting July 27, 1992 Cm. Moffatt asked if an elected Mayor can delete or remove someone from a Commission. City Attorney Silver stated she would review the City's Municipal Code to try to determine an answer to this question. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing. Cm. Jeffery stated that having served as Mayor in the past, she is aware of the time involved and felt consideration should be given to being fair° The Mayor must often take time off work to perform functions required of a Mayor° In reality, their presence is required in a lot of places. Just coming into City Offices to sign all the necessary documents that need to be signed takes time. She would support an additional salary and felt it should be at least $150 or $200 per month. Cm. Burton felt that $100 would be appropriate. Cm. Moffatt stated he noted that in several of the cities, the Mayor doesn't get anything additional. Because of Dublin's economic situation, he felt we should leave the salary the same as that for Councilmembers. We could look at it again if it becomes a problem. He who expects nothing isn't disappointed. Cm. Jeffery felt it is not fair to expect this of an individual, given the amount of time required. Ms. Silver responded to Cm. Moffatt's earlier question. The Municipal Code provides that Planning Commissioners are appointed by individual Councilmembers and may serve a maximum of two four-year terms. Currently, the appointing Councilmember may remove them from office at any time. This will need.to be amended now that we will have a directly elected Mayor. Cm. Moffatt stated he felt that if you have the right to hire, you haVe the right to fire° If the Mayor has the right to appoint, he would also have the right to remove a Commissioner° Cm. Burton stated he would assume that the Mayor could not remove someone without the City Council's approval. Mayor Snyder pointed out that this discussion did not relate to the subject of a Mayor's salary and was therefOre, not appropriate at this time ~ On mOtion of Cm. Burton, Seconded by Cm. Howard, and by majority vote, the Council directed Staff to include an amount of $100 as additional monthly compensation to be received bythe Mayor, waived the reading and INTRODUCED the Ordinance. Cm. Moffatt voted against this motion. ~M - VOL ~ - 298 Regular Meeting July 27, 199Z PUBLIC HEAR~N~ C~TY~DE STORM ~&TER UTILITY FEE (L030-20) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that this fee would fund the cost of the City's participation in the National Pollutant Discharge Elimination system (NPDES) permit, which is a requirement of the Federal Clean Water Act. The estimated fee per single family residence for 1992-93 is $13o74o The proposed fee for Fiscal Year 1992-93 should not exceed the fee charged property owners during Fiscal Year 1991-92 ($13.80) and may even be somewhat less than that amount depending on the final assessor's roll. Mr. Thompson explained that the storm drain system is in place to help prevent the flooding of property due to rain and storm waters. The Storm Water Management Plan for the Alameda County Urban Runoff Clean Water Program describes in detail the objectives of the program and contain components such as: Public Information and Participation; Municipal Government Activities; New Development andConstruction Site Controls; Illicit Discharge Identification and Elimination; Industrial Dischargers Identification and Runoff Control; Monitoring; and Storm Water Treatment. The 1992-93 budget also provides that the street sweeping activity will be funded with this fee° Mr. Thompson stated that since an estimated surplus of $44~485 will remain available from the 1991-92 fee collection due to the late start of the programs it is proposed not to increase the fee to property owners for 1992-93. There has been little change in the number of lots in the Citys and Staff feels that the estimated revenue from this fee for 1992-93 plus the surplus will provide sufficient funds for the 1992-93 program. Cm. Burton asked if there is anything that this will accomplish other than programss enforcements educations etcos to correct the problem. Mr° Thompson stated the program is basically educational° We will be enforcing an Ordinance that was passed last year. A lot of people don't understand that the storm water system goes to the Bay. City Manager Ambrose stated the City is required as part of its permit to participate with the County° Cm. Burton stated while it is very worthwhile, it is the beginning of a major never-ending program. No comments were made by members of the public relative to this issue° Mayor Snyder closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous votes the Council adopted CM - VOL 11 - 299 Regular Meeting July Z?~ 1992 RESOLUTION NO. 94 - 92 APPROVING AND ESTABLISHING STOI~WATER UTILITY FEE PUBLIC HE~,.RING - NO PARKING ZONE ON SOUTH SIDE OF i%F-~DOR VALLEY BOULEVARD WEST OF DOUGHERTY ROAD ($70-20) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that because of new developments constructed along the south side of Amador Valley BouleVard west of Dougherty Road, an eastbound right-turn lane has been striped for Dublin Meadows and a lane to accommodate through traffic and right turns into Cross Creek Apartments continues eastward to Dougherty Road. This area was previously striped as one through lane for cars plus a bicycle lane. There is insufficient roadway width to accommodate two traffic lanes and a bicycle lane. Bicyclists wishing to travel on Amador Valley Boulevard from Stagecoach Road to Dougherty Road must now use the travel lane. Mr. Thompson advised that since the bicycle lane has been removed in this area, a no parking zone needs to be established in the area where there are now two travel lanes° Approximately 325~ of parking area would still be allowed which would accommodate 16 to 17 vehicles. This area is located directly in front of the Heritage Commons condominium project. Cmo Moffatt pointed out that there are a lot of kids over in that area° If they go to school on their bikes, he questioned if they could use the sidewalk. Mr. Thompson advised that the sidewalk is only 5' wide. They are proposing to have a bikeway go through the project° The problem is the area from Dublin Meadows all the way to Dougherty Road. There is not room for parking and bikes~ Cmo Jeffery clarified the fact that cars cannot park in a bike lane. Mr~ Thompson stated this was corrects the City passed an Ordinance which prohibits this. Cm. Jeffery stated she thought it was kind of dangerous having kids coming up over the hill and down Amador Valley Boulevard° Mr~ Thompson advised that a bike lane woUld follow the creek and then go down the SPRR eventually~ Cm. Jeffery asked if it would be possible to paint a narrow lane there. Mr. Thompson advised that it is too narrow to add another bike lane. CM - VOL 11 - 300 Regular Meeting July 27, 1992 Mr. Ambrose stated the bike path is a part of the conditions for this project. City Staff has met with them about this. No comments were made by members of the public relative to this issue. Mayor Snyder closed the public hearing~ On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 95 - 92 ESTABLISHING A NO PARKING ZONE ON THE SOUTH SIDE OF AMADOR VALLEY BOULEVARD WEST OF DOUGHERTY ROAD AND REPEALING THE BICYCLE LANE AT THE SAME LOCATION PUBLIC HEARING - NO PARKING ZONE DUBLIN BOULEVARD NORTH SIDE BETWEEN REGIONAL STREET & SAN RAMON ROAD (570-20) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that Staff recently noted a discrepancy between existing field conditions and the City's Traffic Code on the north side of Dublin Boulevard between Regional Street and San Ramon Road. The Traffic Code identifies a no parking zone which extends from the east curbline of San ~Ramon Road easterly for a distance of 125'o The Traffic Code also identifies a 1-hour parking zone on the northerly curbline of Dublin Boulevard between San Ramon Road and Regional Street. Both the 1-hour parking zone and the overlapping 125~ no parking zone were established by the County years ago° Mr~ Thompson advised that almost the entire length of this curb is presently red-curbed as a No Parking Zone, as there is insufficient room for parking due to the existing 3 traffic lanes~ Adoption of the drafted Resolution would repeal the 1-hour parking zone which is in the Traffic Code and would extend the No Parking Zone on the north side of Dublin Boulevard from San Ramon Road to Regional Street. Cm. Moffatt asked how many parking spaces are being given up. Mro Thompson advised that it is already painted red, and there are no parking spaces there now. No comments were made by members of the public relative to thiS issue. Mayor Snyder closed the public hearing. CM - VOL 11 - 301 Regular Meeting July 27, 1992 On motion of Cmo Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 96 - 9Z REPEALING A 1-HOUR PARKING ZONE AND ESTABLISHING A NO PARKING ZONE ON THE NORTHERLY CURBLINE OF DUBLIN BOULEVARD BETWEEN SAN RAMON ROAD AND REGIONAL STREET PUBLIC HEARING - NO PARKING ZONE ON WEST SIDE OF REGIONAL STREET NEAR SIZZLER RESTAURANT (570-20) Mayor Snyder opened the public hearing. Public Works Director Thompson stated it had come to Staff's attention that parked cars block the view of oncoming traffic for drivers exiting the driveway of the Almond Plaza Shopping Center which is nearest the Sizzler Restaurant. While making a field study of this area~ Staff noted that there is 20' of existing red curb at the northern driveway; however~ this amount is insufficient for sight distance purposes as there is a curve in the street which contributes to the visibility problem. In order to alleviate the visibility problem, Staff recommended installing a No Parking Zone between the service driveway (behind Sizzler) and the driveway nearest the front of Sizzler~ a total distance of 70' (including the 20' already red- curbed). Mr° Thompson advised that it was also noted that the entire distance from Amador Valley Boulevard south to the driveway behind Sizzler is already red-curbed~ but is not in the Traffic Code. There is insufficient room for curb parking in this area; and Staff proposed to add it to the Traffic Code at this time; therefore~ the Resolution identifies a total distance of 350~. No comments were made by members of the public relative to this issue° Mayor Snyder closed the public hearing° On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote~ the Council adopted RESOLUTION NO. 97 - 92 ESTABLISHING A NO PARKING ZONE ON THE WEST SIDE OF REGIONAL STREET SOUTH OF ANADOR VALLEY BOULEVARD CM - VOL 1'~ - 302 Regular Meeting July 9_7, 1992 REPORT REG~%RD'i'NG NON-CONFORM'i'NG STGNS 'rDENT'rF'rED ON THE STi%TUS LXST (400-30) Planning Director Tong advised that an updated status list had been prepared indicating 60 business locations with non-conforming signs. It was indicated in the comments section of the report if a business /property owner or representative had responded to Staff regarding reminder letters and warning notices~ the type of application submitted for approval~ approvals granted for compliance of existing non-conforming signs~ the locations which have been corrected~ and any changes affecting the non-conforming sign location. The report showed that: 7 sign locations could apply for Site Development Review; 2 sign locations could apply for a Variance; 29 sign locations could aPply for a combination of either a SDR, CUP or a Variance; 22 sign locations have been corrected and are in compliance with the Sign Ordinance. Mr. Tong advised that approximately 96% of the original 180 non- conforming sign locations have been corrected or are being brought into compliance. Approximately 4% have either contacted Staff but not indicated their intentions or have not responded to the reminder letters. Under the existing Ordinance0 the time extension periodexpired on July 12~ 1992. Staff could begin nuisance abatement proceedings for the remaining non-conforming sign locations. As specified in the Business & Professions Code~ the Council would need to declare the existing non-conforming signs as public nuisances~ and by adoption of a resolution~ could abate these signs. Staff would need to prepare a draft resolution and notice for Council's review and approval. On April 27~ 1992~ the Council directed that all enforcement action and nuisance abatement proceedings for non-conforming business signs at the 3 auto dealerships indicated on the current summary list~ be held in abeyance pending completion of the Sign Ordinance Amendment Study relating to auto dealership/automobile product line signage. Mr. Tong stated Staff's efforts have been very effective in obtaining compliance of the non-conforming signs from the various business and property owners without resorting to nuisance abatement action. Staff felt that most of the remaining sign locations could be brought into compliance within the next several weeks. Cm. Burton questioned the status of the 3 on the list who had no response. Mr. Tong explained that they had been sent several reminder letters and the City has not heard back from them. Letters were sent out via certified mail and they signed receipts of the notices. Cm. Moffatt questioned in notifying these folks if anyone had tried to call them on the telephone. [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] · · [] [] [] CM - VOL 11 - 303 Regular Meeting July 27v 1992 Mr. Tong advised that letters were not supplemented by telephone calls. On motion of Cm. Burton, seconded by Cm. Jeffery~ and by unanimous vote~ the Council directed Staff to utilize the existing Sign Ordinance and pursue nuisance abatement proceedings on the 3 no responses identified on the list, but for the remaining, hold the nuisance abatement proceedings in abeyance until September to allow applicants additional time to submit their sign applications. REPORT ON MID-STATE TOLLWAY (800-30) Public Works Director Thompson presented the Staff Report which was prepared at the request of Cm. Burton. A proposed toll road would provide a connection from the Vacaville area through the Bay Area to the Valley° The proposed toll road would provide an alternative to the 1-80/I-550/I-680 routes. Mro Thompson suggested that if the City wishes to take a position~ it should consider: 1) Recognize the principle that public/private partnerships are a valuable tool for extending local governmental services, including transportation in times of financial constraint; 2) Encourage the Sponsor to proceed with an Environmental Impact Report as the appropriate means for identifying and diSclosing all major project alternatives~ their environmental impacts~ and measures for mitigation; 3) Request invOlvement in the EIR process to review and comment for adequacy with respect to matters of City concern; and 4) Reserve judgment until the facts are determined and the consequences of all project alternatives are fully understood. Mr~ Thompson stated the total project cost estimate'is $1.2 billion. The cost of constructing the road between 1-580 and 1-680 is approximately $215 million. Mr. Thompson announced that Dennis Parker with California Toll Road Company (CTRC) was present to make a presentation and answer any questions. Mayor Snyder stated he thought most of the Council had seen a report on this topic° Cmo Burton advised that the Pleasanton Chamber of Commerce had approved the concept and most of the road goes through Pleasanton. Dennis Parker advised that about i of the 11 miles goes through Livermore and the balance is in the sphere of influence of Pleasanton. His company wants to go forward With the environmental documents and costs involved will be solely their responsibility. Cm. Burton asked Mr. Parker to comment on mixing of public and private money. CM - VOL ~1 - 304 Regular Meeting July 27v 1992 Mr. Parker advised that Legislators decided to try an innovative method of giving private companies a chance to invest in a state highway. They cannot use any State funds. Local governments were given a choice to participate. They prefer to use their own resources in order to move forward. A map illustrating the proposed route was shown. Cm. Moffatt asked if the route parallels Highway 84. Mr. Parker stated the best way to think of this is that it is 84. County seems to feel that revenue to this type of project would be channeled east of the Dublin Grade. The Cm. Jeffery advised that the CMA has put 84 as a priority. Most of the CMA projects are not totally funded. Mr. Parker stated he would encourage Dublin, Pleasanton and Livermore to identify local funding sources for this highway. They would like cities to show an open mind toward this project. The only City opposed so far is Livermore. Cm. Moffatt asked if the alignment will be a 4 or 6 land highway. Mr. Parker advised that by the year 1999, they feel there will be enough volume for a 6 lane highway. Cmo Moffatt stated he understood that CTRC has the optiOn to develop commercially the right-of-way land adjacent° Mr. Parker stated they are obligated to buy about 250' of a right-of- way section of land. If they are unable to buy land through conventional purchase, they can turn to the State and the State will go to the Transportation Commission to acquire it through condemnation. Within the right-of-way, they can perhaps develop a gas station or fast food use. They basically have no plans to become a commercial land developer. Caltrans insisted on these provisions. Cm. Jeffery felt that if they decided to bUild a restaurant, this would be non-beneficial to cities. She didn't understand exactly what the right-of-way could be used for° Mr. Parker discussed Jolly Roger Restaurant uses in the eastern part of the Country. They prefer not to pursue this option. Mr. Parker stated that looking 20 years down road, according to projections, traffic will be approximately 300,000 trips per day through the 1-580/I-680 interchange. There are about 125,000 going through now. They estimate that the toll will be about $1.25, with only about 25% of the revenue coming from Alameda County residents. Cm.. Burton stated he was pleased to have this opportunity to recognize the tollroad project. 1-580/I-680 is very important for Dublin and he encouraged the Council to support this. CM - VOL 11 - 305 Regular Meeting July 27, 1992 Cmo Moffatt mentioned that cities were asked to tak~ a position at the last Tri-Valley Transportation Council meeting. Cm. Jeffery stated she didn't feel She could say yes or no at this point, 'but the City should be involved in the process. Her understanding was that the City should participate ~nd become involved and reserve judgment. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the CounCil: 1) recognized the principle that public/private partnerships are a valuable tool for extending local government services, including transportation in times of financial constraint; 2) encouraged the Sponsor to proceed with an EIR/EIS as the appropriate means for identifying and disclosing all major project alternatives, their environmental impacts, and measures for mitigation; 3) requested involvement in the EIR'process to review and comment for adequacy with respect to matters of City concern; and 4) reserved judgment until the facts are determined and the consequences of all project alternatives are fully understood. OTHER BUSINESS Business Community Economic Development (470-10) Cmo Moffatt stated because local businesses do not always have an opportunity to interact with the City Council, he would like to set an agenda aside in the next few months and specifically ask people from businesses to come and discuss their problems with the Council~ He stated he is trying to make it a little easier for the business community° Cm. Burton asked if this would be a workshop. Mayor Snyder advised that we will be inviting them to 2 sessions in the near future. Cm. Burton advised that the Business Task Force is working on an Association and it is close to coming about. Everyone will be invited to attend either a morning or an evening session° League of CA Cities Voting Delegate (140-20) Mayor Snyder discussed a letter received from the League of CA Cities related to appointing a voting delegate at the annual conference in October. We need to deal with this prior to September 18th. CM - VOL 11 - 306 Regular Meeting July 27~ 1992 Cm. Jeffery stated she has to be in attendance for a policy committee meeting so she cOuld cast the City's vote. Mayor Snyder requested that Staff complete the form and return it to the League appointing Cm. Jeffery as the City's voting delegate at the annual conference° CLOSED SESSION At 9:10 p.m., the Council recessed to a closed executive session to discuss Personnel matters, in accordance with Government Code Section 54957. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:15 p.m. * * * ATTEST: CM - VOL 11 - 307 Regular Meeting July 27, 1992