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HomeMy WebLinkAbout12-21-1987ADJOURNED REGULAR MEETING - December 21, 1987 An adjourned regular meeting of the City Council of the City of Dublin was held on Monday, December 21, 1987, in the meeting room of the Dublin Library. The meeting was called to order at 7:32 p.m., by Mayor Linda Jeffery. ROLL CALL PRESENT-. Jeffery. Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of alle- giance to the flag. · CLOSED SESSION At 7:33 p.m., the Council recessed to a closed executive session to discuss- potential litigation. PUBLIC MEETING RECONVENED At 8:14 p.m., the public meeting was reconvened. present. Ail Councilmembers were CONSENT CALENDAR On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of December 14, 1987; Accepted improvements to Stagecoach Park subject to 120 day maintenance period (which ends January 15, 1988) and authorize payment of $5,221.81 to Rafanelli & Nahas; Adopted RESOLUTION NO. 108 - 87 APPROVING AND AUTHORIZING EXTENSION OF LEASE AGREEMENT WITH DUBLIN SAN RAMON SERVICES DISTRICT FOR OPERATION OF SHANNON PARK COMMUNITY CENTER Approved the Financial Report for Period Ending June 30, 1987; @+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@ CM-6-370 'Adjourned Regular Meeting December 21, 1987 Accepted the June 30, 1987 Financial Audit and Management Letter and the budget changes reflected therein; Approved the Financial Report for Period Ending November 30, 1987; ApProved Warrant Register in the amount of $232,057.23. PUBLIC HEARING CREST ENTERPRISES AND THE NEW EWE - REQUEST FOR PLANNED DEVELOPMENT REZONING Mayor Jeffery opened the public hearing. Maureen O'Halloran, Associate Planner, made the Staff presentation and advised that this item was continued from the December 14, 1987, Council meeting to allow the Property Owner and Applicant another opportunity to attend the Council meeting prior to the Council taking action on the rezoning request. On December 14, 1987, the Council indicated two primary concerns with the Applicant's proposal: 1) use compatibility and 2) maintaining the historic value and integrity of the building. The Applicant/Property Owner has indicated that the New Ewe will occupy a portion of the main floor and the entire top floor. A bar is likely to occupy the remainingportion of the main floor while medical offices are proposed for the basement area. The current Planned Development permits bars in conjunction with a restaurant use, but bars operated separately are considered taverns and are not specifically-permitted in this Planned Development. Typically, a bar operated separately requires approval of a Conditional Use Permit. Although conventional zoning in the City allows for the possibility to locate all of the proposed uses within a single zone, the health club/fitness center and the bar (when not operated in conjunction with a restaurant), require approval of a Conditional Use Permit. The CUP process allows the Planning Commissionto determine whether the particular use will properly relate to' other uses in the vicinity. The Planned Development 1362nd Zoning Unit previously approved by Alameda County and the PD Rezoning as proposed bY the Applicant, identify the general uses as permitted uses and do not allow the City the discretion of determining the compatibility of uses on an individual basis as tenants may change over the Years. If the Council chooses to approve the Planned Development Rezoning, a provision can be included in the General Provisions to require all uses to be subject to a Conditional Use Permit approved by the Planning Commission. As one of the oldest buildings in the City, the Green Store is a significant historical resource in the City of Dublin. In recognition of the importance of promoting and maintaining the historic value and integrity of the Green Store, the General Provisions for the PD 1362nd Zoning Unit required the Green Store to be preserved and restored to the building's authentic design, and required the restoration and any alterations to comply with the National Register Standard for Historical Rehabilitation. The historic value and @+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@ CM-6-371 Adjourned Regular Meeting December 21, 1987 integrity of the building can be maintained and promoted not only through the physical preservation of the structure, but also through the type of uses and activities operated within the structure. Because the requirement for uses to maintain an historic theme was not a specific requirement in the PD General Provisions, uses occupying the Green Store in the past have given little consideration to historic themes and have done little to promote the historic value of the building. The health club/fitness center and medical offices the Applicant proposes in the PD ReZoning do not lend themselves to historic themes and do not promote the historic value of the building. Ms. O'Halloran advised that if the Council chooses to adopt the Planned Development Rezoning, the General Provisions can include a requirement that uses maintain an historic theme, either in function or decor, compatible with the historic character of the building. Gus Nichandros, property owner, indicated that the operation will be a bar, serving lunches and salads at noon. Rather than just a bar, it is intended to be an eating place. Mr. Nichandros expressed concern in that he spent a considerable amount of money to save this building, and he wasn't sure why. They tried to piecemeal the building in order to save it. At no point during this whole time, has this building been profitable from an income standpoint. Everything possible was done to preserve the building. They have been trying for 5 months to get approval to generate an income from this building. Uses are greatly prohibited because of the location of bearing walls. The only use that made sense originally was for a restaurant. They now finally have a tenant interested in moving in. They want a menu of allowable uses. Mr. Nichandros felt that they had done everything they were supposed to do and now they are being kicked around. They do not want to have to get CUP's. The building has been vacant for a year. Cm. Hegarty advised that the building was repainted with green trim, but there was a condition that stated it was to be white. Cm. Hegarty further stated that the building actually looks better the way it was painted, but a condition is a condition. Mr. Nichandros indicated that he did not understand that it was to be white. Cm. Hegarty felt it important that the building remain the way it is supposed to be. He has a problem making a decision regarding the conditions that were put on originally. He does not want to see it boarded up because it will decay like it did before. He is willing to be reasonable in the allowable uses, so long as the theme and historical integrity stands. He found it difficult to believe that the uses proposed will be compatible. Depending upon who Mr. Nichandros rents to, there could be impacts related to parking. We must remember also, that there is still a vacant parcel. When this parcel develops, it could take up more parking. Cm. Hegarty felt it was important to remember that this is just a portion of a PD. The PD specifies what can be put in. With regard to the bar serving lunches, Cm. Moffatt questioned if these would be hot lunches or cold sandwiches. @+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@ CM-6-372 Adjourned Regular Meeting December 21, 1987 Cm. Vonheeder clarified the point that they just want the same uses allowed Heritage Park. James Kleimer, leasee of bar, stated that it is not true that they are proposing running only a tavern. He has contacted the historical group several times to find out what he can and can't do in the building. What impressed him originally was the fact that the building is authetic. Mr. Kleimer indicated that they planned to call the establishment Jimmy O'Gills Irish Pub. They will have a selection of soups, sandwiches, and stews and the place will be decorated strictly with antiques. There has been some bad correspondence between Gus Nichandros and the City in the past and Mr. Kleimer felt it unfair to hold this against them. They are willing to put a lot of their own time and money into the building. They want to work with this site. Cm. Moffatt questioned if they would be utilizing the existing kitchen. Mr. Kleimer indicated that they will have to revamp the space. Cm. Snyder expressed concern with regard to what the Council was hearing did not correspond with the map presented. Mr. Kleimer indicated that his 'use has not yet been submitted. If it is not approved, they will use a caterer. He does not intend to be just a bar. Mayor Jeffery clarified that the Council will be acting on just what is being presented this evening. Cynthia Ingalls, representing The New Ewe, advised the Council that 5 months ago, she saw this building and fell in love with it. They are willing to do anything they can to be able to use this building. She has tried to make contact with the historical society and they have never responded. Cm. Moffatt questioned if their facilities would lend themselves to people going through them. Ms. Ingalls responded that you do not have to be a member, but people don't just walk in off the street. Mayor Jeffery closed the public hearing. Cm. Hegarty stated that if he had it to do over again, he would not be as restrictive with the uses that were put on. His main concern now is that the building get used. They are asking for the same uses as are included in the larger PD, but he was somewhat concerned about allowing this. He was thankful that Gus Nichandros put up the money to restore the building in the first place. City Attorney Nave reported that there are 2 options being considered, both of which would specify uses, but one would require a CUP. Cm. Moffatt listed the uses and felt that Mr. Nichandros had all the options already. @+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@ ' CM-6-373 Adjourned Regular Meeting December 21, 1987 Mr. Nave indicated that the uses Cm. Moffatt listed were not in effect, but rather what were being proposed. Cm. Snyder felt that in reading what Alameda County did in 1982, he was not sure exactly what uses Mr. Nichandros wants. He found it very hard to make a decision counter to what was allowed in the original development of this building. Mayor Jeffery indicated that City land was given to this property when the Green Store was restored. Cm. Vonheeder reported that her only concern is preserving the historical integrity of the building. This can be accomplished by putting historical conditions on it. She also was concerned regarding parking. The uses being proposed are not allowed by the rest of the PD. On the resolution establishing the findings and general provisions, Cm. Snyder questioned the need for General Provision No. 4, related to massage establishments. Ms. O'Halloran replied that this allows exceptions to the City's Ordinance regulating massage establishments. It relates to not prohibiting uses licensed by the State. City Attorney Nave indicated that this paragraph could be removed. Under General Provision #2, the New Ewe is not provided for. The Council would need to add it as a permitted use. Cm. Moffatt questioned if the difference between the 2 exhibits being considered was that if Exhibit B is adopted, they would not need a CUP but Exhibit C would require a CUP. Staff responded that this was correct. Cm. Moffatt felt that in order for a fitness center to operate, showers would be required and modifications to the building would be necessary. Ms. O'Halloran reported that building permits would be required. City Manager Ambrose stated that they would simply have to comply with the Uniform Building Code. Cm. Hegarty stated that over the building's 130 year life, it has been owned by many people. A shower room will not affect the building one way or the other. Cm. Vonheeder stated she would like to see a wider variety of allowed uses and suggested adopting Exhibit C. City Attorney Nave advised that this resolution does not include the fitness center use. Cm. Vonheeder suggested adding a health club fitness center, tanning salon, etc., to the list of approved uses. @+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@ CM-6-374 Adjourned Regular Meeting December 21, 1987 Cm. Snyder indicated that in one of the County documents he noted that the conditions apply to the exterior and the interior of the building. He questioned if these still apply. Staff advised that they did, unless the City Council modifies them. Cm. Snyder felt that if the Council modifies the uses, they also need to modify Condition No. 11 to include interior of building. City Attorney Nave clarified that if~ the resolutions are adopted and the ordinance introduced, theY cannot move into the building tomorrow. They must go through the CUP process. The Applicants must understand that the ordinance does not become effective until 30 days after it is adopted, and then they have to go through the CUP process. Cm. Hegarty stated that the interior of the building does not have historical integrity. He is not in favor of lengthening the process. He questioned where everyone was when the building was restored. He was not in favor of requiring another CUP every time someone moves out. City Manager Ambrose advised that the Planning commission would review any CUP submitted. On motion of Cm. Vonheeder, seconded by Cm. Snyder, and by majority vote, the Council adopted RESOLUTION NO. 109 - 87 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 87-127 CREST ENTERPRISES, INC./THE NEW EWE REQUIRING HISTORIC THEME AND CONDITIONAL~USE PERMIT FOR ALL USES IN PLANNED DEVELOPMENT (PD) REZONING APPLICATION and with changes discussed: 1) add medical offices, health club fitness center, tanning and beauty salons to Page 2 list of approved uses; 2) delete Paragraph Number 4 on Page 2 related to massage establishments or services; 3) on Page 3, Paragraph Number 11, add word "interior",. as well as exterior, and adopted RESOLUTION NO. 110 - 87 ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127, CREST ENTERPRISES, INC./ THE NEW EWE PLANNED DEVELOPMENT REZONING APPLICATION and waived the reading and INTRODUCED an ordinance amending the Zoning Ordinance to permit the'rezoning of real property located at the southeast corner of Donlon Way and Dublin Boulevard. Cm. Hegarty and Cm. Moffatt voted against this motion. Cm. Vonheeder questioned if they can start the CUP process now, even though legally the uses don't change until the ordinance goes into effect. City Attorney Nave advised that there is nothing preventing them, as long as they understand that the ordinance must go through a second reading, and technically, on January 11, 1988, the Council could undo the actions taken at this meeting. @+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@ CM-6-375 Adjourned Regular Meeting December 21, 1987 PUBLIC HEARING ORDINANCE PROVIDING PROCEDURE FOR ABATEMENT OF ABANDONED VEHICLES Mayor Jeffery opened the public hearing. Staff advised that this ordinance was introduced at the Council meeting of December 14, 1987. Numerous problems are associated with abandoned vehicles, from the issue of'public health and safety to the deterioration and blight of our neighborhoods. An abandoned vehicle is defined as any vehicle which has been left on private or public property, other than highways, and in which the owner has no active interest and no intent to again claim a right or interest. The draft ordinance provides for the abatement and removal of these vehicles from public and private property. This program is administered by the City Manager and enforced by any duly authorized representative. Excluded from this ordinance is a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property. Also excluded is the operation of a lawfully conducted business or commercial enterprise. No comments were made by members of the public related to this issue. Mayor Jeffery closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 59 - 87 PROVIDING A PROCEDURE FOR ABATEMENT OF ABANDONED VEHICLES PUBLIC HEARING ORDINANCE REGULATING PUBLIC DANCES Mayor Jeffery opened the public hearing. Staff advised that this draft ordinance, which is part of the comprehensive Municipal Code revision process, was introduced at the City Council meeting on December 14, 1987, and is similar to the ordinance which was temporarily adopted by the City upon incorporation. The ordinance regulates public dances and requires the issuance of a dance permit for the event to be lawful. The intent is to regulate dances in facilities open to the public that occur with regular frequency, and where alcoholic beverages are typically consumed. A permit shall not be required for any dance held by a bona fide patriotic, religious, fraternal association or organization, or held in connection with any holiday or authorized school activities. No comments were made by members of the public related to this issue. Mayor Jeffery closed the public hearing. @+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@ CM-6-376 Adjourned Regular Meeting December 21, 1987 On motion of Cm. Moffatt, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 60 - 87 REGULATING PUBLIC DANCES CIVIC CENTER - AWARD OF BID - CONTRACT 87-9 On October 26, 1987, the City Council authorized Staff to request bids on the Dublin Civic Center Project. The City had requests for approximately 220 sets of plans and specifications. On December 10th, bids were opened. The bid results were: Base Bid Plus Alternates 1 2 & 3A Dickman-Nourse, Inc. Roebbelen Engineering Nibbi S. J. Amoroso Ralph Larsen & Son Vanderson Construction $9,292,000 $403,000 9,512,000 475,000 9,590,000 455,000 9,617,000 469,000 9,569,000 549,000 9,848,000 644,800 The former Valley High School site has several trees which are not currently planned to be used on the Civic Center site. Prudential Development Group has indicated an interest in purchasing 8 trees at a cost of $100 each. The total cost of relocation would be their responsibility. As part of the Civic Center project, special testing will be required. includes inspection of grading, structural welds, spray on fireproofing, grouting, and concrete. In order to consolidate these services, Staff recommended that the City seek a single firm to conduct all work. This The Civic Center Advisory Committee evaluated many alternatives, taking into consideration the costs already invested and the need for many of the amenities provided in the project. The Committee determined that the multi- level approach to financing the project made a responsible effort to meet'the overall needs of the community. The approach includes design cuts, use of reserve funds, use of new revenues, and limiting the increase in Debt Service. Gordon Brandt questioned who had prepared the $8.1 million estimate. Staff responded that it was the firm of Addison, Adamson & Associates in San Francisco. Mr. Brandt asked what the anticipated start date was. Assistant to the City Manager Paul Rankin advised that the Contractor cannot be given notice to proceed until they sign the contract documents and produce @+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@ CM-6-377 Adjourned Regular Meeting December 21, 1987 the necessary bonds. Once those documents are taken care of, the clock starts running and the Contract is for 440 days. There is a $1,000 per day penalty clause. The Contractor will be given credit for rainy days. Zev Kahn questioned if the City uses General Fund dollars, will this delay planned projects in Dublin. City Manager Ambrose advised that using reserves will eliminate investment income. Money will be substracted from the operating dollars available. Zev Kahn questioned if there is a limit on cost overruns and expressed concern about the 13% over that the bids came in. Mr. Ambrose explained that the 5% contingency fund is for any items which could come up during construction which are not provided for in the plans & specifications. Jim Parmley, Harris & Associates, explained the contingency fund. It allows the City, through proper management, to deal with unknown conditions beyond the scope of the project. Zev Kahn stated that he is a negative input on this project and feels that Staff has tunnel vision insofar as the Civic Center is concerned. Mr. Kahn further stated that he feels the project is too expensive for Dublin to afford right now, and he is still worried about the cost overruns. Mayor Jeffery advised that with regard to the utilization of space that is not to be used right away, we have carefully reviewed this, and no interior improvements are planned at this time. These areas will basically be shells. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by majority vote, the Council adopted RESOLUTION NO. 111 - 87 AWARDING CONTRACT FOR DUBLIN CIVIC CENTER PROJECT NO. 87-9 (Dickman-Nourse, Inc., $9,695,000-including alternates) directed Staff to proceed with financing as outlined and discussed, authorized the Mayor to execute the agreement to sell surplus trees on the site, and authorized Staff to proceed with a Request for Proposal for special testing services. Cm. Moffatt voted NO on this motion as he felt the alternates should not be included. City Manager Ambrose requested clarification regarding funding for the alternates. He asked if the Council wanted to add this amount to the COP issue or go to the reserves. Mr. Ambrose stated that adding to the debt service would have less of an impact on the City's ability to complete other projects. Council consensus was to add the amount for the alternates to the debt service. @+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@ CM-6-378 Adjourned Regular Meeting December 21, 1987 OTHER BUSINESS ~i~ty Calendar Cm. Snyder commented on a letter received by the City requesting that the City calendar be an ongoing yearly project. He indicated he was surprised that it was not an ongoing project. It proved to be a good year-long communication with residents. Staff clarified the fact that the calendar that was published in 1987 was a 5-year commemorative calendar, with additional budgeting included to fund it. A calendar was distributed in lieu of one of the community newsletters. City Manager Ambrose indicated that the City will include an appropriate amount in the 1988-89 Budget to cover the cost of producing another calendar in 1989. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:01 p.m. ATTEST: ~~, ~_~~ -- Ci%y Cl~erk @+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@+@ CM-6-379 Adjourned Regular Meeting December 21, 1987