Loading...
HomeMy WebLinkAbout4.01 Approve 01-11-1988 Minutes REGULAR MEETING - January 11, 1988 A regular meeting of the City Council of the City of Dublin was held on Monday, January 11, 1988, in the meeting room of the Dublin Library. The meeting was called to order at 7: 34 p.m. , by Mayor Linda Jeffery. ROLL CALL PRESENT: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery. PROCLAMATION DECLARING FEBRUARY 1988 COMMUNITY COLLEGE MONTH Mayor Jeffery read a proclamation declaring February 1988, as Community College Month. Chabot College serves the area with a wide variety of educational services, and is dedicated to the principle that our society will benefit when all persons have an opportunity for lifetime learning and improved quality of life. The proclamation was presented to Dr. Lee Hinckley. CONSENT CALENDAR On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by unanimous vote, the Council took the following actions : Approved Minutes of Adjourned Regular Meeting of December 21, 1987; Approved City Treasurer ' s Investment Report for period ending December 31, 1987; Denied Claim #025DU submitted on December 16, 1987 by William Mobley and Claim #026DU submitted on December 21, 1987 by Irene Moretti, and directed Staff to notify the claimants and tender the claims to Alameda County; Adopted RESOLUTION NO. 1 - 88 DESIGNATING A NO PARKING ZONE ON AMADOR PLAZA ROAD Adopted RESOLUTION NO. 2 - 88 AUTHORIZING THE FIRST AMENDMENT TO THE LEASE AGREEMENT RELATING TO PUBLIC FACILITIES PROJECT NO. 1 BY AND BETWEEN DUBLIN INFORMATION, INC. , AND THE CITY OF DUBLIN DATED DECEMBER 18, 1985 %+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+% CM-7-1 Regular Meeting January 11, 1988 tie M 0v Adopted RESOLUTION NO. 3 - 88 ACCEPTANCE OF FINAL MAP TRACT NO. 5780 Approved Warrant Register in the amount of $272, 979. 99; Cm. Moffatt requested that the item related to a facsimile signature for the Mayor ' s signature be removed from the Consent Calendar for discussion. Cm. Moffatt indicated that he feels uncomfortable using this for all checks and suggested using it only for checks under $1, 000 . City Manager Ambrose explained that often times due to timing of federal tax deposits, Staff needs to get checks out right away. These checks typically are substantially higher than $1, 000. Using a facsimile signature for the Mayor would give flexibility, plus the volume of checks written has increased substantially. Internal controls provide that at least 2 people approve checks for payment. The City' s Auditors have indicated no problem with this type of a system. Cm. Moffatt stated that since it is the responsibility of the Council to oversee the City' s money, he felt that large checks should be signed by the Mayor or the Vice Mayor. on *motion of Cm. Snyder, seconded by Cm. Hegarty, and by majority vote, the Council adopted RESOLUTION NO. 4 - 88 AUTHORIZING THE USE OF A FACSIMILE SIGNATURE FOR THE MAYOR'S SIGNATURE ON INSTRUMENTS OF PAYMENT UPON THE TREASURER OF THE CITY OF DUBLIN Cm. Moffatt voted against this motion. PUBLIC HEARING - CORWOOD CAR WASH CUP & SDR APPEAL OF PLANNING C0fviIISSI0N' S ACTION DENYING Mayor Jeffery opened the public hearing. This item was continued from the November 23, 1987, Council meeting at the request of the property owner. At that meeting, a resident expressed concerns related to the appearance of the site, and felt that if the project is approved, the Applicant should be required to increase the height of the soundwall to limit visibility to neighboring yards. He also requested that this be the last continuance granted. The property owner subsequently withdrew the application request on December 21, 1987. Staff advised that it should be noted that Staff has notified Mr. Woodward that his business is not permitted to operate within any portion of the public right-of-way. Business operation includes all business activities, %+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+% CM-7-2 Regular Meeting January 11, 1988 including but not limited to vehicles, vacuum hose or employees encroaching within the right-of-way. Planning Director Tong explained that if the Council chooses to accept the Applicant's withdrawal, the Planning Commission's denial of this application will stand as the final action for the project. The Council accepted the property owner's withdrawal of PA 86-017, Corwood Car Wash Site Development Review, Conditional Use Permit and Variance request. PUBLIC HEARING - REQUEST FOR PD REZONING CREST ENTERPRISES & THE NEW EWE PA 87-127 Mayor Jeffery opened the public hearing. , On December 21, 1987, the Council introduced an Ordinance amending the City Zoning Ordinance to permit the rezoning of a parcel located on the southeast corner of Donlon Way and Dublin Boulevard and adopted Resolutions adopting a Negative Declaration and establishing findings and general provisions for PA 87-127. The general provisions include provisions requiring uses 1) to be compatable with the historic character of the Green Store, 2) to promote and maintain historic value and integrity, 3) maintain historic theme, and 4 ) enhance interior and exterior accessability of the Green Store to the public. Additionally, the general provisions required approval of a Conditional Use Permit for all uses in the Planned Development and limits the uses to restaurant, tavern, bank, antique store, ice cream store, candy store, barber shop, photographer, health club, beauty salon, tanning salon, medical offices, and other similar uses consistent with historic theme of the PD District. Staff advised that the City has received calls and complaints that the health club is already operating. Mayor Jeffery questioned if there was recourse if they are illegally operating. Mr. Tong advised that the City' s Zoning Investigator has been notified and if violations exist, the Zoning Administrator has been told to issue citations. Gus Nichandros reported that at the last meeting, the public hearing was closed without allowing them a chance to appeal the Council 's decision. He felt that this is in violation of their constitutional rights. Mr. Nichandros referred to 2 U. S. Supreme Court case decisions. He felt the Council ' s action unfair. By putting them in a nonconforming use, they basically- have no uses at all . He felt that some of the uses should be allowed without having to come before the City for a CUP. When he got the original permit to restore the building, there was no mention about anything to do with the inside of the building. The historical part of the building %+%+%+%+%+%+%+%+%+%+%+%+8+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+% CM-7-3 Regular Meeting January 11, 1988 restored was only the front part of the building. This was the original building that was saved. He felt their allowable signage should be as shown in the old photographs . They requested that the CUP process requirement be removed. Bill Kline, 383 Diablo Road, Danville, addressed the Council. Mr. Kline stated he represented Cynthia Ingalls of The New Ewe. Mr. Kline stated that the fitness studio is not in operation at this time. There are various types of equipment in the building, but it is not being used. The requirement to go through a CUP process will have a severe economical impact on their business. The processing has been going on since September, and this business is under significant financial pressure to open its doors. Any additional delays could force them to abandon their plan altogether. He did not feel that it was the intent of the City to have this happen. He felt the Planning Commission requirements appear to be adequate. There is no evidence that the proposed new uses are so different from the current allowed uses so as to require a CUP process . The Ordinance is inappropriate and does not appear to be supported by the findings. They would request instead that the Council adopt the Ordinance as proposed by the Planning Commission. An additional condition could be added that requires that the historical viability of the building be maintained through use of decor at the discretion of the Planning Director and this would negate the necessity of a CUP process. It would also speed the process along. If the Ordinance which was introduced is adopted, they will comply, but would request that they be able to proceed with the CUP process right away. Mayor Jeffery clarified the fact that the Planning Commission serves in only an advisory capacity to the Council . The Council sets policy. Randall Grebelie, Agent for Gus Nichandros addressed the Council and stated that prior to taking this listing he worked for a large commercial brokerage firm. He has worked on this building about 6 months. He did some homework and then went out and contacted many financial institutions, banks, and those types of tenants in the valley area to try to attract them to the building, but without success . The New Ewe came along and was very interested in the building. They have made every attempt possible to try to get tenants that were approved uses . Mayor Jeffery closed the public hearing. Cm. Hegarty stated that everyone knows that this building looks quite different today than it did in 1978. At that time, it was deplorable. Originally, it was going to be burned down. The historical society was able to convince the Board of Supervisors to allow the building to be saved. Gus Nichandros did 90% of what was required and he put it back to where it was respectable. Old St. Raymond' s Church is much more restrictive because of conditions put on by the Arch Diocese of San Francisco. Cm. Hegarty indicated he is not concerned with how much money was put into the Green Store, but more the fact that Gus Nichandros restored it according to a picture. He did it in an unorthodox manner, but this is the way Mr. Nichandros works. If we allow the uses without a CUP and have faith in Staff, this would give the flexibility necessary to allow him to lease the space. Mr. Nichandros is simply asking that he be allowed to use this %+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+% Chi-7-4 Regular Meeting January 11, 1988 building. It just isn't right to require every tenant to go through the whole process. No residents in the City have voiced concerns to him related to this project. If Mr. Tong sees something wrong, he will bring it up to the Council. Cm. Hegarty indicated he was willing to make a motion to substitute "design review by Staff" for the CUP requirement. A Site Development Review would be done by Staff, rather than requiring each potential tenant to get a CUP. Cm. Moffatt questioned if this would be a significant change. City Attorney Nave responded that rather than adopting the Ordinance, it could be reintroduced this evening and be adopted at the next meeting. Cm. Moffatt questioned if the CUP was changed to an Administrative CUP, would this change the ordinance . City Attorney Nave indicated he is still of stated opinion. Mr. Tong clarified that under the existing Zoning Ordinance, a tavern would be a conditioned use, whereas the other uses could be permitted in other type C-1 zoning districts . Cm. Hegarty stated that they are asking for an amendment to allow extended uses to the PD. City Attorney Nave stated that this is correct but it is being accomplished through a rezoning. It may be a matter of semantics. Cm. Vonheeder indicated she did not understand the reference to a C-1 District when this is a PD. Mr. Tong stated that the closest traditional zoning district would be a C-1 . Mr. Tong also requested clarification if Condition 2 of the Resolution should be changed to read . . . subject to a Site Development Review rather than a Conditional Use Permit (if the building is modified) . City Attorney advised that Condition 2 should be amended to read "All uses established within the Planned Development should be limited to the following: a) restaurant; b) bank/financial institution; c ) antique store; d) ice cream store; e) candy store; f) barber shop; g) photographer; h) health club/fitness center; i ) tanning salon; j ) beauty salon; k) medical offices. " Item b) was removed (tavern) , as this use is always subject to a CUP. Item m) (other similar uses) was stricken. Cm. Moffatt questioned if there are other uses which should be added at this time. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by majority vote, with changes discussed, the Council adopted RESOLUTION NO. 5 - 88 AMENDING RESOLUTION NO. 110-87, ESTABLISHING FINDINGS & GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127, CREST ENTERPRISES, INC./THE NEW EWE PLANNED DEVELOPMENT REZONING APPLICATION %+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+% CM-7-5 Regular Meeting January 11, 1988 and reintroduced the ordinance amending the Zoning Ordinance to permit the rezoning of real property located at the southeast corner of Donlon Way and Dublin Boulevard. Cm. Snyder and Mayor Jeffery voted against this motion. SENIOR CENTER ADVISORY COMMITTEE On October 12, 1987, the Council approved the formation of a Senior Citizen Center Advisory Committee. Staff advertised the availability of five seats on this Committee, with each Councilmember to make an individual appointment. Mayor Jeffery requested that the Council 'announce their appointments to this Committee. Councilmember Moffatt appointed Lee North. Vice Mayor Vonheeder appointed Rena Whitney. Councilmember Hegarty appointed Thomas Fahey. Councilmember Snyder appointed Alice Pitchford. Mayor Jeffery appointed Mary Gibbert. VECTOR CONTROL AGREEMENT Staff advised that the City currently contracts for Vector Control Services on an as-needed basis . The 1987-88 Budget includes funding to increase the level of service, and this change will require the City to contract directly with the Vector Control District. A proposed agreement was prepared which provides for the City to pay all costs from the General Fund rather than assess each individual property within the City. Cm. Moffatt stated he felt this is a service that we need and it is a good service at this time . On motion of Cm. Moffatt, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 6 - 88 APPROVING AN AGREEMENT FOR SERVICES WITH THE ALAMEDA COUNTY VECTOR CONTROL SERVICE AREA NO. 1984-1 %+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+% CM-7-6 Regular Meeting January 11, 1988 LEAGUE OF CALIFORNIA CITIES PROPOSED 1988 DUES The City has received a communication from the League indicating that the Executive Committee of the .League' s Board of Directors is recommending a dues increase of 6% for 1988. - This would increase the City' s dues from $2, 615 to $2, 772 annually. City Manager Ambrose advised that the By-Laws provide for a maximum 10% increase annually. On motion of Cm. Moffatt, seconded by Cm. Vonheeder, and by unanimous vote, the Council agreed to accept the increase and directed Cm. Vonheeder to convey the City' s position to the East Bay Division of the League. OTHER BUSINESS Tri-Valley Joint Council Meeting City Manager Ambrose reminded the Council that Dublin will be hosting this joint meeting on January 28th at the Hayward Fishery. Staff has put together a tentative agenda which would include discussing financing techniques used by the various Cities. Mr. Ambrose felt that since the Transportation Subcommittee had recently met, they may be interested in having other items placed on the agenda. Cm. Vonheeder, who serves on the Subcommittee, advised the Council that neither the Danville nor San Ramon representatives were re-elected, so the subcommittee needs to have other members appointed. At their meeting, they received a letter from TJKM which was supportive of what they are trying to accomplish. The University of California at Berkeley is studying transportation issues, and they have a program directed toward nothing but studying transportation needs. A suggestion was made to invite a representative from this group to speak at a future meeting. Mr. Ambrose advised also that Pleasanton would like to ask for support of a resolution of negative declaration on the 3 freeway interchanges, and Livermore wants a consensus regarding Route 84, as it impacts all of the Cities . They are basically looking for approval. In order to get CalTrans' attention, it was felt that the 5 Cities need to act together. With Council approval, Mr. Ambrose advised that the agenda would be revised to include presentations from the Cities of Pleasanton and Livermore and to discuss reorganization of the Subcommittee. Cable Television Cm. Moffatt advised that he had recently spoken to Myrt Jones, General Manager of Viacom Cablevision and he was informed that Channel 33 is available for Dublin use only. %+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+t+%+%+%+$+%+%+%+%+t+%+%+%+%+%+%+%+%+%+%+%+% CM-7-7 Regular Meeting January 11, 1988 Cm. Moffatt questioned since we are installing transmission video cable in the new Civic Center building, could we also transmit. Assistant to the City Manager Rankin advised that he is looking into this possibility. We have conduit and he will get an estimate from Viacom. Initial estimates were believed to be under $5, 000 for this additional capability. Tri-Valley Community Television Corporation Cm. Hegarty reported that Dublin will be receiving a letter soon from the Corporation regarding the money they have spent and asking if Dublin wants a formal presentation by Darla Stevens . They have purchased some very state- of-the-art equipment. They will probably be kicked out of their current building in about 9 months and will have to move into new facilities. San Ramon seems to be up and down. They 'are forming their own tv club and appear to be holding back on the $55, 000. Library Cm. Hegarty reported that the Friends of the Dublin Library will be having a meeting on January 26th. It seems that about 8 people out of this groups ' 200+ members do all the work. On January 27th, there will be a reception displaying the gifts from our sister city, Bray, Ireland. Cm. Hegarty encouraged the Council to support this effort. Court Bail Out Bill Mayor Jeffery reported that this legislation is being proposed to be abandoned. Instead it looks like we are going toward a $25, 000, 000 state subvention. She will be working on this particular piece of legislation with the League. Sister City Trip Mayor Jeffery asked if it were the intention of the Council to send a gift from the Council to the City of Bray when the delegation goes over in March. The Council indicated they would try to come up with ideas, and that we should be proud of what we send. %+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+% CM-7-8 Regular Meeting January 11, 1988 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:15 p.m. Mayor ATTEST: City Clerk %+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+%+% CM-7-9 Regular Meeting January 11, 1988