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HomeMy WebLinkAboutItem 3.1 Approve 11-22-1982 Minutes (2) Cvim/ A0K 0.1r5 .e May. City Clerk * * * * REGULAR MEETING - NOVEMBER 22 , 1982 A regular meeting of the City Council of the City of Dublin was held on Monday, November 22 , 1982 , inthe meeting room, Dublin Library. The meeting was called to order at 7 : 35 p.m. by Mayor Peter Snyder. * * * * ROLL CALL PRESENT: Cm. Burton, Hegarty, Moffatt and Mayor Snyder ABSENT: Cm. Jeffery (excused for vacation) * * * * PLEDGE OF ALLEGIANCE The Mayor called the meeting to order and led those present in the Pledge of Allegiance to the flag. * * * * CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, (Cm. Jeffery absent) , the minutes of the regular meeting of November 8 , 1982, and the warrant register in the amount of $24 ,564 . 97 were approved. The Statement of Revenue and Expenditures for the period ending September 30 , 1982 was removed from the consent calendar and placed with the City Auditor' s Report for discussion. * * * * ORAL COMMUNICATIONS LOU HOLVECK, PG&E AREA MANAGER Mr. Holveck addressed the Council and discussed ways that PG&E is willing to help customers lighten the impact that high gas and electric bills will have this winter. Mr. Holveck introducted Ms. DeAnna Ewing, PG&E' s Energy Assist- ance Representative, who elaborated on some of the various programs . * * * * AUDITOR' S REPORT Mr. Perry Carter with the City' s Auditing Firm, Bray, Burke, Waterman, Cockrill & Carter explained the format of the 1981-82 Financial Statement and Management Letter. Based upon this report, Staff has identified the need for additional controls related to bookkeeping functions. As a result, Staff requested Council permission to secure services of a contract bookkeeper. .... 4 ,rn V . ' 0 On motion by Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, (Cm. Jeffery absent) , the Council authorized Staff to proceed with the selection of a part time bookkeeper. On motion by Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Cm. Jeffery absent) , the Council accepted and approved the Financial Statement as submitted, and the Management Letter. * * * * PODIUM PLACEMENT John Alexander, 7318 Kolb Place, addressed the Council with a request that the podium be moved to another location. The Mayor explained that the podium was placed to best serve the speakers addressing the Council, and unfortun- ately, must remain as placed. * * * * STREET SWEEPER IDENTIFICATION Ms. Donna Cardenas, R&D Sweeping Company, addressed the Council with a request that the equipment being used to fulfill sweeping contract with City, Marc Sweeping Service, be identified. She also wished to confirm receipt by the Council of correspondence she had delivered related to various areas of concern felt by her company with respect to the present street sweeping contractor. * * * * LAS POSITAS/NEW TOWN REQUEST FOR SUPPORT OF OPPOSITION BY CITY OF LIVERMORE Livermore Mayor Dale Turner has forwarded a request for the Dublin City Council to support their opposition to the proposed Las Positas/New Town project. The Dublin City Council unanimously felt it appropriate not to take a stand - at this time on the issue until both sides could be studied. Further, it was felt that Dublin could not involve themselves in a local issue of this magnitude until such time as the Dublin General Plan and Sphere of Influence studies were completed. Cm. Moffatt indicated that he felt sympathetic towards the City of Livermore in this issue, however, this Council must consider what' s best for residents of Dublin. No action will be taken on this issue at this time. * * * * PUBLIC HEARING NAUGLES, INC. APPEAL The Planning Director advised Council that this is an appeal of planning application PA82-003 . On October 7 , 1982 , Naugles, Inc. , was granted a Conditional Use Permit to operate a drive-in restaurant in the general commercial district. At that time, the Zoning Administrator approved the application with the condition that required the proposed drive-in window be relocated. The applicant has since appealed the condition and thus, the project comes before the City Council. Staff analysis of the project found that there were potential traffic safety problems with the proposed location of the drive-up window. Reference was made to potential site plan and concerns were pointed out on a visual display of plan. Staff recommended denying the appeal and approving the project subject to the conditions that: 1) drive-up window be relocated, 2) adequate vehicle stacking space is provided, 3) the western portion of the site be landscaped, and 4) the project be completed within one year. Mr. Tong indicated during review of project, there were concerns raised by the road department, the fire department, and police services. Mr. Robert Jacob was present at the meeting and spoke on behalf of the applicant. Mr. Jacob explained that they had no problem with any of the conditions except the requirement to relocate the drive-up window. From a workflow standpoint, this simply is just not feasible. To move a drive-up window to the rear, by virtue of the way the restaurant is layed out is not possible. Cm. Burton asked is there was a possibility of widening the driveway to improve the radius of the turn situation or if it were possible to make some adjustment of perhaps only 10 feet to the drive-up window. A 1972 traffic count was passed out to the Council by Mr. Jacobs. He stated he realized the count would no longer be accurate, but felt that percentages would still be appropriate. They felt the entrance and exit issue could be easily accommodated by signing and further, that the traffic backup problem was not as bad as it looked. Mr. Jacobs explained that the drive-up window would be open 24 hours and the restaurant open only during typical normal hours . In some locations, this particular chain restaurant derives up to 70% of their revenue from the drive-up window. If the location of the drive-up window cannot be resolved, there would be no interest in the property on the part of Naugles. After discussion, on motion by Cm. Burton, seconded by Cm. Hegarty, and by majority vote (Cm. Jeffery absent) , the matter will be continued until the City Council meeting of December 13 , 1982 . The applicant will work with Staff and come back with a slight modification with respect to location of drive-up window and widening of driveway. Against the motion was Cm. Moffatt. * * * * RECESS A short recess was called. Cm. Burton, Hegarty, Moffatt and Mayor Snyder were present when meeting reconvened. * * * * TRAFFIC STUDY DUBLIN BOULEVARD/SILVERGATE DRIVE In accordance with City Council direction at its meeting of November 8 , 1982 , the Alameda County Road Department has provided the City with additional information with respect to detailed costs on the alternative the Council wished to pursue. The Council also requested the preparation of an alter- native which includes stop signs at all legs of the intersection. Also requested was possible elimination of bike lanes, in order to not impact property owner on the northeast portion of the intersection, with respect to parking. The County engineers have indicated that the latter proposal would obviate the need for any acquisition of right of way or prohibition of parking to the property owner. Staff has spoken to the property owner and he indi- cated his strong opposition to any designs that will eliminate the on-street parking in front of his property. The estimated cost to implement Exhibit G would be $32,000 . The basic difference between Exhibits E' and G are that G retains the bike lane on the south side of Dublin Boulevard and E eliminates this bike lane. The total cost for Exhibit E is approximately $22 ,000 . Alternative #2 total cost would be approximately $29,500 . Should the Council decide to act at this meeting, an ordinance providing stop signs at northwest corner of intersection, has been prepared. After discussion, on motion by Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote (Cm. Jeffery absent) , the Council recommended the City adopt Exhibit E as a means of solving the traffic problems at this intersection, along with the addition of a stop sign at the northwest corner. On motion by Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote (Cm. Jeffery absent) , the Council waived reading and adopted an urgency ordinance for placement of stop sign. ORDINANCE NO. 22-82 ESTABLISHING TRAFFIC REGULATIONS SILVERGATE DRIVE AT THE INTERSECTION OF DUBLIN BOULEVARD * * * * CITY SEAL Mr. Frank Uhlig prepared and presented detailed graphic renderings of several ideas which the Council directed he proceed on. Certain changes and refine- ments were recommended to one drawing and Mr. Uhlig will incorporate these changes and present to the Council at a future meeting. * * * * PLANNING & ZONING MATTERS ORDINANCE ESTABLISHING JURISDICTION At its meeting of October 25, 1982 , the City Council directed Staff and the City Attorney to prepare an ordinance providing a planning review process as follows: TYPE OF APPLICATION INITIAL HEARING APPEAL BODY Variances Planning Director City Council Conditional Use Permit (except for Planning Commission City Council community care facility, an acces- sory use, accessory unit or a Planning Director Planning ConmLi.ssion/City Council temporary use.) Site Development Review Planning Director Planning Commission/City Council Parcel Map Planning Commission City Council Tentative Map Planning Commission City Council On motion by Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Teffery absent) , the Council agreed to introduce the ordinance and waive the .eading. * * * * PLANNING REVIEW BACKLOG STATUS REPORT At its meeting of October 11, 1982, the City Council authorized Staff to secure the part time services of a Planning Consultant for 4 to 6 weeks to assist in clearing the planning application backlog. The City Council directed Staff to return with a progress report on the planning services backlog after the Planning Consultant had completed four (4) weeks of work. The progress report was presented to the Council. After discussion, it was determined that the City Manager will review and keep very close eye on situation for the remainder of the agreed upon time frame and will report back to the City Council at its meeting on December 13, 1982, with a recommendation. * * * * ENGINEERING SERVICES STATUS REPORT On November 15, 1982 the City received eleven responses to its Request for Proposal for Engineering Services. Staff is presently reviewing those proposals and plans to recommend a group of finalists for the City Council to review. It is Staff' s recommendation that the interviews be conducted at a special meeting in order to give the Council adequate time to review the qualifications of each firm. It is recommended that the City Council con- sider holding such a meeting on Tuesday, December 7, 1982 . On motion by Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote (Cm. Jeffery absent) , the Council will hold the special meeting as recommended for purposes of interviewing firms to provide the City with engineering services. * * * * GREEN STORE MODIFICATIONS The Green Store at 11878 Dublin Boulevard is one of the oldest buildings in the City. Past reviews and approvals concerning the site and structure have emphasized its historical significance. Reconstruction, additions and modi- fications have recently been made to the structure and site. Based on plans submitted to the City on November 1, 1982, and review of past approvals, Staff found that many modifications were being made without or contrary to the required planning approval and building permit. Work on the project has been stopped because the zoning ordinance requires either: 1) that the project conforms to the existing conditions of approval; or 2) the existing conditions of approval are modified. Specific issues are 3: South Elevation, Parking and Landscaping. History of the site was discussed. The Planning Director pointed out that many physical changes have been made to the Green Store ' s site plan, land- scaping, land use intensity, and architecture. These changes have not been made with the approval of the Building Department or Planning Department. They are inconsistent with the approvals previously granted by the Alameda County Board of Supervisors. Some changes are also inconsistent with Zoning Ordinance regulations, e.g. amount, size and configuration of parking stalls. Following lengthy discussion, on motion by Cm. Burton, seconded by Cm. Hegarty and by unanimous vote (Cm. Jeffery absent) , the following was agreed upon: 1) The stop work order is vacated, 2) As-builts are approved as changed, except that 4 parking spaces in southerly parking lot be removed rM—1 -1cn • and a drive thru substituted, 3) Occupancy conditional upon compliance with general provisions contained in Exhibit C, and 4) Upon proof of parking capacity and access pursuant to P.U.D. which will satisfy parking and access ( requirements of as-built plans. In the event that Green Store does not have the capacity for as-built parking requirements, occupancy shall be determined pursuant to the usual Dublin procedures . Mr. Gus Nichandros, representing the Green Store project felt the direction of Council was quite clear. * * * * PLANNING COMMISSION REQUEST ENFORCE SIGN ORDINANCE SANDWICH AND A-FRAME SIGNS At its meeting of November 1, 1982, the Planning Commission requested Staff to prepare a letter regarding illegal sandwich or A-frame signs. The letter was to be distributed to store owners or operators by the zoning investigator as she came upon such illegal signs. The reason for the letter was the perceived increase in the number and visibility of illegal sandwich board signs especially along Village Parkway and Dublin Boulevard. The letter requests voluntary removal of the illegal signs. If necessary, formal zoning enforcement actions would begin five days after the zoning investi- gator delivered the letter. Because the City Council agreed not to take action against an existing sign until the City reviewed and revised its present sign ordinance, Council direction was requested. Following discussion, the Council asked that the City Attorney prepare a modification to the present sign ordinance which would preclude the use and installation of A-frame and sandwich board signs. The introduction of this ordinance would be agendized at the next City Council meeting on December 13, 1982 . * * * * ARCO GRANT ~ During September, 1982, Staff was notified by Dr. Eugene Fox of the Atlantic Richfield Company, that ARCO was interested in contributing funds for pur- poses which would enhance the fine arts in the community. Dr. Fox indicated that up to $15,000 could be made available by ARCO. Since that time, the following groups have submitted proposals for consideration: GROUP PURPOSE AMOUNT Shamrock Valley Chorus Risers $ 1,900 .00 Children' s Theatre Workshop Theatre Lighting Equipment 3,050 .00 Pleasanton Community Band Restoration/Amador High School Theatre -- up to -- 35,000 .00 Valley Choral Society Director' s salary, rental of facil- ities , printing of programs & No Amount publicity literature Specified Hope Hospice Inc. Assitance for terminally ill No Amt Specified Staff has discussed briefly the nature of the proposals with Mr. Fox who indicated that all proposals could possibly be funded to a certain extent. Mr. Fox did indicate that he would like a letter from the City Council endorsing those proposals which it felt were deserving. nnR 1 1 ) 0 On motion by Cm. Burton, seconded by Mayor Snyder, and by unanimous vote (Cm. Jeffery absent) , the Council directed Staff to submit the requests to ARCO, endorsing all, but with special priority emphasis on the requests of the Shamrock Valley Chorus and the Children' s Theatre Workshop. * * * * OTHER BUSINESS SOLID WASTE MANAGEMENT AUTHORITY Mayor Snyder indicated he attended meeting last week. In the presentation, their council said very succinctly that they had no alternative but to invite us to become a part of that agency. The Dublin San Ramon Services District, the night before, on a 3-0 vote (2 people being absent) agreed to abstain from any vote in that regard and also to issue a statement indicating they were not in favor of us being a part of that agency as we have no responsibility in that area. The law says we should be a part of this agency, however. DSRSD will be communicating with us re this subject. * * * * HUMAN SERVICES COMMISSION Mayor Snyder indicated he had received communication indicating the Human Services Commission from the City of Pleasanton would like to meet with the Livermore Social Concerns Committee and a representative from the City of Dublin to coordinate efforts related to areas of common interest. This meeting will be held on Wednesday, January 5 , 1983. * * * * ADJOURNMENT TO EXECUTIVE SESSION The Council adjourned to executive session to consider possible pending legal litigation. At the conclusion of the executive session, the Council reconvened the meeting with all members present except Cm. Jeffery (excused for vacation) . * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 12 :40 a.m. * * * * Mayor ATTEST: City Clerk * * * *