HomeMy WebLinkAbout4.01 Draft Minutes 5-5-98
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REGULAR MEETING .. May 5, 1998
A regular meeting of the Dublin City Council was held on Tuesday, May 5, 1998,
in the Council Chambers of the Dublin Civic Center. The meeting was called to
order at 7:05 p.m., by Mayor Houston.
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ROLL CALL
PRESENT: Councilrnembers Barnes, Burton, Howard, Lockhart and Mayor
Houston.
ABSENT: None.
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PLEDGE OF ALLEGIANCE
Mayor Houston led the Council, Staff and those present in the pledge of allegiance
to the flag.
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Clarification of Issues Related to Conflict of Interest (640-40)
Mayor Houston read a statement related to his abstaining from 3 items at the last
Council meeting on April 21, 1998.
""At the last regular City Council meeting J abstained from three items on the agenda... J
became aware of issues with regards to my eligibility to vote late in the day on Apri121 sf, and
until my confusion was cleared up, the proper and legal course of action was to abstain.
J will give a chronological record of the facts regarding my interest in Dougherty Road
Associates, A California limited partnership which formerly owned the property at 6310
Houston Place. The property is a..cijacent to the ABC Components property and 260 feet from
the Union Pacific Railroad property.
My ownership interest in the Partnership was 1 %, with a current value of one thousand six
hundred dollars. On November 18, 1997 the property was sold ] have given the city
attorney documents verifying the completed sale.
At the time of closing, Dougherty road Associates carried back a Note, a ~~eJ1er carry bacp, of
which my share was worth $1,600. This Note is scheduled to mature late in 1998. J have
given the city attorney documentation to verify the note. It is the 1% ownership in the note,
CITY COUNCIL MINUTES
VOLUME 17
REGULAR MEETING
May 5, 1998
PAGE 207
ITEM NO.~
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'which is secured by a Deed of Trust, that prevented me from voting on the three items on the
agenda at the li:Jjt meeting. .
On April 30th, 1 disposed of my 1% ownership interest in the note. valued at $1,600. J have
given documentation to the City Attorney to venfy the disposal of my ownership interest.
Due to the fact that I havecomplete{vdisposed olmy$l,GOO interest in DoughertyRoad
Assuciate.s, the City AttoI7ley has advisc:d me that I am legally able to partidpate in all of the
a.~"J~n~-f~ j/~n..,C' , 1'": i~ ~l7'~n i'"7n ir1l"-rTr1~.-fi,.,., I h,:J 1.....,i,...,~,.:1.,--! ~~CJ~i,.-.j.., '1&',:;,n1 ilp",,,, f~ ,.? Li u,r.... f~,.,n7!.',"J'7,wJ.7IS a H,..{
....o-.A...-- ........_.......v ....I........~ ....., _........t...."'~_, .........-........................0 ............. "",".._.",,~ 1.1'_.............._....... ....._.....,..~ ...~_.......... v...II.-'" ..I. L.L.JI',-,," ~...."ar.........i1_J.iIL.... -.-.._
item 7.1 (CPA Reque".t for R.!l.ilrOIJd RiJ!ht of H~v). J nillno! duck my re:,pol1sibJ1ity and lvill
vote on all issues.
jUy Statement of uvnomic Interest Forms filed with the City of Dublin on j"vfarL}z 20, J,998 for
calendar year 1..9..9 7 disclose the Dougherty Road Associates interest Those disclosures are
aeL'ura.te today lind at the date that I flIed them. No lilTlendment Will be forthcoming.
At the l&t meeting when I abstained, J was required by the Fair PoIiiiL'E11 Fr/:iLtices Commission
to disclose tJle rlllture 01 I:1JlY potential conflicts. I did that irl lulll:1Jld have rlO irltentiorl of
lilllending my conunent.5~
Furthermore, 1 wish to state for the reLvrd regarding agenda item 6.3 pertaining to ABC
Comporlerlts J was in tile council cha.mbers I:1Jld observed/lisierled during tile discussioIlS a.nd
testimony on the ABC Components issue. I have fulfi1Jed my ubIigation lind w111 participa.te in
the item this evening. -'-'
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CLOSED SESSION
At 7:09 p.m., the Council recessed to a closed session to consult with Legal
Counsel.
10.1 (640-30)
Potential Litigation - initiation of litigation pursuant to subdivision (c) of
Government Code Section 54956.9 - One case.
10.2 (640-30)
Potential Litigation - pursuant to Government Code Section 54956.9(b)(1) - One
Case - Existing facts and circulllstances: Letter dated April 21, 1998 from
General Counsel Associates LLP to Eddie Peabody, Community Development
Director.
CITY COUNCIL MINUTES
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. REPORT ON CLOSED SESSION ACTION
At 7:34 p.m. the Council meeting reconvened with all Councilmembers present
(Cm. Howard absent).
Mayor Houston announced that no reportable action was taken in the Closed
Session.
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CONSENT CALENDAR
7:34 p.m. (Items 4.1 through 4.11)
On motion of Cm. Burton, seconded by Cm. lDckhart, and by unanimous vote
(Cm. Howard absent), the Council took the following actions:
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Approved (4.1) Minutes of Rezular Meeting of APril 21 , 1998;
Approved (4.2 600-40) an agreement between the Dublin Unified School
District and Eastern Dublin property owner Clyde Casterson establishing the
method and manner for financing and/or constructing school facilities necessary
to service the student population generated by Eastern Dublin development;
Approved (4.3 150-70) a Budget Change Form for appropriation of donations
previously accepted for the Dublin Senior Center;
Adopted (4.4 350-20)
RESOLUTION NO. 45 .. 98
AWARDING PURCHASE ORDER FOR PROJECT 98..04,
FIRE STATION ROOF REPAIR TO H.U.R. SERVICES ($6,475)
Adopted (4.5 600-30)
RESOLUTION NO. 46 .. 98
APPROVING AMENDMENT TO AGREEMENT FOR
GEOTECHNICAL SERVICES WITH
EARTH SYSTEMS CONSULTANTS
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and authorized the Mayor to execute the amendment;
CITY COUNCIL MINUTES
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Adopted (4.6 410-40)
RESOLUTION NO.4 7 - 98
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APPROVING PARCEL MAP 7259
Adopted (4.7 600-50)
RESOLUTION NO. 48 - 98
AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT FOR
SUPPLEMENT NO. 008 (CYCLE 8)
STATE-LOCAL PARTNERSHIP FUNDS (SB 300)
Authorized (4.8 600-30) Staff to advertise for bids for Contract 97-11,
Dougherty Hills Slope Repair, Phase n;
Adopted (4.9 350-20)
RESOLUTION NO. 49 .. 98
AWARDING PURCHASE OF VOICE MAIL SOFTWARE/HARDWARE
TO NEC RCS (WEST) INC. ($16,812.87)
Authorized (4.10 810-30) Staff to mail notices establishing a public hearing date .
of June 29, 1998 for property related fees related to garbage company rates and
annual fee for minimum residential garbage service;
Approved (4.11 300-40) the Warrant Register in the amount of $1,484,206.99.
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Mayor Houston announced that he was moving Item 7.1 forward on the agenda.
ALL ABOARD WNI STORAGE
GENERAL PLAN AMLNDMENT REQUEST FOR RR RIGHT -OF- WAY PROPERTY
7:35 p.m. 7.1 (420-30)
Community Development Director Peabody presented the Staff Report and
advised that All Aboard Mini Storage and the Union Pacific Railroad Company are
proposing to construct an 85,669 square foot self storage facility on a 4.21 acre
site (part of a larger approximately 9 acre right-of-way) located in the Union
Pacific Railroad Company right -of-way south of Dougherty Road.
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PAGE 210
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This matter was continued from the April 21, 1998 City Council meeting to
provide time for Staff and the City Attorney to evaluate points raised in a letter
submitted April 21, 1998 from the applicant's attorney. Comments made by the
attorney regarding the adequacy of Mayor Houston's announcement at the
beginning of the meeting that he would not participate due to a conflict of
interest also needed to be addressed by the City Attorney.
City Attorney Silver evaluated the April 21, 1998 letter and provided advice to
the Council regarding the legal issues raised in the letter by way of a confidential
memorandum. She also evaluated the statement made by Mayor Houston
regarding the reason for his disqualification and has concluded that his
comments complied with the Fair Political Practices Act and that no further
disclosure was required.
Michael Selby apologized that this thing had gotten off track. He was here the
first week and discussed what they fel~ they could do with the property to
beautify it and buffer it. They would like the transportation overlay to be
removed and would like to get a project going that everyone could be proud of.
He invited everyone to go up and see their project in San Ramon.
Doug Aikins stated he felt Mr. Selby summed it up. What is before the Council is
what is the right use for the property. There will be a lot of amenities. He asked
what uses are permissible in the transportation corridor. Once they !mow what's
allowed in this designation, the issue becomes how to create economically viable
uses on the property. They want to take this unused vacant status site which no
longer allows for transportation uses and use it for public good for residents of
Dublin. They feel the use they are proposing is the right use. These are very
attractive uses for railroad property. He would like to work with the City on how
to get this done quickly and in a win/win format. The property to the northeast
is expected to be used for transportation uses. They hope to have a large enough
remainder property to use it for their storage use. The excess property can be
condemned and is wide open to do so. Excess dedication would be preferable.
They request that the City work with them on the GP A.
Mayor Houston commented on use of the term appropriate use and felt this is
what the GPA study will determine. He questioned if Mr. Aikins had read the
agenda item or spoke to his clients before coming to the meeting on April 21. On
the record, he made a statement accusing him of a crime for which many people
have gone to jail.
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Mr. Aikins stated they were not accusations, but merely questions. When Mayor
Houston advanced his point of view about assembling the properties, it raised in .
his mind the questions he asked at the April 21 meeting. He felt the public and
other Councihnembers deserved clarification and assurances that this was not
being abused. They are satisfied that no misuse of the process or short -circuiting
has occurred. He stated his actions seem to be harmless. They appreciate his
candor on the record. They are not here to act as some vindicator of the Public
Reform Act. As far as they are concerned, the matter is at rest.
Mayor Houston stated he was just advocating Staff's position which he happened
to agree with in regard to possibly assembling all the properties.
Mr. Aikins stated Staff had not indicated this position to them. They felt they
could have a mini storage use consistent with the adjacent zoning. Mayor
Houston disclosed his interests in rather cursory tenus and this was what
concerned them.
Following lengthy discussion, Mayor Houston stated he accepted Mr. Aikins
apology.
em. Burton asked Staff about removing the overlay and what is involved with
this. What is the plan they are aslcing for? .
Mr. Peabody stated there is no overlay; it is a transportation corridor. It is a
specific designation which has been on the property for many years. The
proposal is to put some other designation.
Cm. Burton suggested incorporating the other properties to the south in the study
or study the whole area.
Ms. Silver indicated if they want to include an area larger than the one site, they
should be specific.
Cm. Burton discussed Dougherty Road to the west, and Houston Place to the
south.
Mayor Houston asked if the commercial areas across Dougherty Road should be
included as well.
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Mr. Peabody stated to basically do the GP A work on those properties, some may
involve other entitlements. Staff would need to take a look at the properties and
give an estimate of the cost.
Cm. Burton clarified that his motion to initiate the GP A study included the
Railroad right-of-way, and down Dougherty Road to Houston Place.
On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote
(Cm. Howard absent), the Council adopted
RESOLUTION NO. 50 .. 98
INITIATING INITIATION OF THE ALL ABOARD MINI STORAGE
GENERAL PLAN AMENDMENT STUDY
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PUBLIC HEARING - PA 98-029
URBAN OPPORTUNITY AREA - GENERAL PLAN AMENDMENT
7:56 p.m. 6.1 (420-30)
Mayor Houston opened the public hearing.
Mr. Peabody presented the Staff Report and advised that the City is proposing a
General Plan Amendment to designate Urban Opportunity Area boundaries
within the Eastern and Western Extended Planning Areas.
Mr. Peabody stated in order to continue providing an effective public comment
period and to adhere to the public hearing schedule as described in the public
notice, Staff recommended that the City Council open the public hearing and
continue this item to the next City Council meeting on May 19, 1998.
Mayor Houston gave a brief outline of the urban opportunity area. Last year at
this time, he made a commitment to Mayors Tarver and Brown when they were
going through the sewer project. He told them we would seriously take up the
issue of an elevation cap in Dublin. The reason for the elevation cap is it is the
most legally defensible growth cap. This deserves to have our environmental
resources protected and will serve as an added layer of protection to protect our
hills and ridges. We will overlay an elevation cap above our currently existing
GP conditions. This will apply to both the eastern and western parts of our City.
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This puts it on a map so people can see the barriers in Dublin. The urban
opportunity area will effectively protect hills in the eastern area as well as our .
western hills. This will cover 98% of our sphere of influence. He looks forward
to discussing this in detail in two weeks.
Mayor Houston continued the public hearing to the Council meeting of May 19,
1998. '
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PUBLIC HEARING - P A 98-028
A CREATIVE PLAYSCHOOL MODIFICATION TO CONDmONAL USE PERMIT
8:01 p.m. 6.2 (410-30)
Mayor Houston opened the public hearing.
Senior Planner Carrington presented the Staff Report and advised that A Creative
Playschool is requesting a modification to their Conditional Use Permit to allow
an increase from 15 to 30 children in the back yard at anyone time, at their
facility which .is located at 6837 Amador Valley Boulevard.
The Staff Report indicated that a CUP was first approved in July 1995. That .
pennit required a maximum enrollment of 20, allowed no signs, required that
children not play outside before 9:00 a.m., and restricted the number of children
that could be permitted in the rear yard at anyone time to 10.
In August 1996, modifications were requested to increase the maximum
enrollment from 20 to 30 children, permit the installation of two identification
signs on the house and a vehicle sign on a car to be parked at the site, permit
children to play in the rear yard after 8:00 a.m., rather than 9:00 a.m., and to
increase the number of children permitted in the rear yard at anyone time from
10 to 30 children. At that time, the City Council modified the CUP to allow
installation of two identification signs on the house and to allow a vehicle sign.
The other requests were not approved.
In March 1998, modifications were requested to increase the maximum
enrollment from 20 to 30 children, pennit children to play in the rear yard after
8:00 a.m., rather than 9:00 a.m., and to increase the number of children
pennitted in the rear yard at anyone time from 10 to 30 children.
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At the January 1998 public hearing, the City Council modified the CUP to allow
an increase in the maximum enrolhnent to 30 children and an increase of up to
15 children permitted in the rear yard at one time if the Applicant submitted a
noise study to Staff demonstrating that an additional 5 children in the back yard
do not create a significant increase in noise levels. The Applicant submitted a
Noise Assessment Study of the A Creative Playschool Playground Activity prepared
on February 18, 1998. That study detennined that noise generated by over 30
children in the playground would be within the limits of City standards. Staff
evaluated the Noise Study and on March 16, 1998 determined that an additional
5 children (beyond the 10 already permitted) in the back yard would not create a
significant increase in noise levels, and therefore that a maximum of 15 children
may be in the back yard at anyone time.
Mr. Carrington advised that two letters were received from Attorney David
Macphersen which have areas that need to be addressed. When denied it cannot
be heard again for a year. These issues are summarized in a Memo which was
distributed to the City Council this evening. The Applicant's request to expand
from 10 to 30 children was denied in January, 1998 and the Applicant must wait
one year before resubmitting an identical or substantially identical request. If
substantial conditions have changed since last heard, the Council could agree to
hear it. The City Council needs to detennine if this item can be heard now or if it
will not be heard, the applicant could come back in January of next year.
Mayor Houston asked the applicant what events have changed that would make
this a valid application at this time.
Ralph Hughes, Attorney representing the daycare center stated the issue which
has been before the Council is one of noise. There has never been a scientific way.
to resolve this prior to the noise study. His clients went to the yellow pages and
found an expert who came out and took a neutral and unbiased look and
determined the noise levels. The noise even with 30 children is within levels
acceptable to the City of Dublin. Whether the Council takes up the issue now or
in January, the noise assessment is what it is.
Mayor Houston felt there had not been any change in the application and by
ordinance it says they must wait one year before going forward.
Cm. Barnes commented the Council told the applicant if they did the study and it
was satisfactory, then the Council would reconsider.
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Mayor Houston stated the City Council denied their request for up to 30 children.
He did not feel this could be heard tonight. .
Ms. Silver suggested that they make a motion to find that there has not been a
substantial change in conditions from those of the previous denial in January and
the City Council could not consider an amendment to the CUP at this time. The
year would run until January.
Cm. Lockhart asked if this was the legal opinion.
Ms. Silver stated this is a statement of facts and this is for the City Council to
determine.
Cm. Burton questioned the authenticity of the sound test on one day for just a
couple of hours.
Mayor Houston stated he did not feel they needed to get into this area at this time.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (Cm.
Howard absent), the Council determined that there had not been a substantial
change and the matter would not be heard before January of 1999.
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RECESS
8: 11 p.m.
Mayor Houston called for a short recess. The meeting reconvened at 8: 15 p.m.,
with all Councilrnembers (Cm. Howard absent) present.
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CONTINUED PUBLIC HEARING - REQUEST BY AMERICAN BUILDING
COMPONENTS TO APPEAL THE APPLICATION AND INTERPRETATION OF THE
BUILDING CODE FOR VIOLATIONS LOCATED T 6253 DOUGHERTY ROAD
8:15 p.m. 6.3 (440-40)
Mayor Houston opened the public hearing.
City Attorney Silver presented the Staff Report and advised that ABC has various
buildings/ stmctures that are illegal and dangerous according to the Building
Code. Following a public hearing at the April 21, 1998 City Council meeting,
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Staff was directed to draft a Resolution upholding the Building Official's
detennination and making appropriate findings for formal adoption.
No public testimony was entered by any member of the public relative to this
Issue.
Mayor Houston closed the public hearing.
On motion of Cm. Lockhart, seconded by Cm. Barnes, arid by unanimous vote
(Cm. Howard absent), the Council adopted
RESOLUTION NO. 51 .. 98
MAKING FINDINGS AND DENVING AN Ap.PEAL
REGARDING VIOLATIONS OF THE BUILDING CODE ON
PROPERTY LOCATED AT 6253 DOUGHERTY ROAD
(AMERICAN BUILDING COMPONENTS)
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PUBLIC HEARING
SUMMERGLEN DEVELOPMENT AGREEMENT FA 97-036
8:16 p.m. 6.4 (600-60)
l\1ayor Houston opened the public hearing.
Senior Planner Carrington presented the Staff Report and advised that this is the
second reading of an Ordinance approving a Development Agreement (DA)
between the City of Dublin and Alameda County for the SummerGlen 347 single
family dwelling unit subdivision in Eastern Dublin. The DA furthers the goals of
the General Plan and Eastern Dublin Specific Plan by requiring new development
to fund the costs of its infrastructure and service. The City of Dublin and
Alameda County have agreed on the sequencing of infrastructure construction,
the payment of impact fees as well as other items required by the Eastern Dublin
Specific Plan.
No public testirnony was entered by any member of the public relative to this
Issue.
Mayor Houston closed the public hearing.
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PAGE 217
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (em. .
Howard absent), the Council waived the reading and adopted
ORDINANCE NO.6.. 98
APPROVING THE DEVELOPMENT AGREEMENT
FOR SUMMERGLEN PA 97-036
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PUBLIC HEARING
CASTERSON PROPERlY DEVELOPMENT PLAN,
PLANNED DEVELOPMENT REZONE, AND
GENERAL PLAN/SPECIFIC PLAN AMENDMENT - PA 97-040
8:18 p.m. 6.5 (450-30)
Mayor Houston opened the public hearing.
Associate Planner Huston presented the Staff Report and advised that this public
hearing is for the Council to consider approval of a Planned Development and
minor land use amendment for a residential subdivision of 109 small lot detached
single family homes on the west side of Tassajara Road, north of Gleason Drive,
on approximately 19 acres of land. The project includes a segment of the
Tassajara Creek regional trail and open space stream corridor.
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Ms. Huston stated the site topography is flat, other than the slight grades near the
creek. As mentioned, development is generally proposed on the eastern portion of
the site, outside the creek area. The areas designated for Medium Density
Residential use maintains an average 100 foot setback from the top of the creek
banks. The creek corridor area is designated for Open Space.
Ms. Huston reviewed the General Plap./ Specific Plan Amendment, the Planned
Development Rezoning, and the Environmental Analysis.
Cm. Burton asked about the trail and what kind of covering surface it will have.
Ms. Huston stated about 12' of surface will be provided on the side so vehicles
can patrol the area. It appears that EBRPD will assume maintenance of the creek
portion. The open space is still not detennined as far as maintenance.
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PAGE 218
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Torn Benigno asked about the two lane road at the top of the drawing. At
Wildwood a situation exists with problems of ingress and egress. They have 500
units plus 2 cars per family and it gets tough getting in and out. They may need
to cut the curb off and put the tree on the opposite comer. He stated otherwise he
felt it looks like a well developed plan.
Ms. Huston stated Staff is working on an overall circulation system and this
project is just one component of it. The alignment has not yet been set but there
will be an engineering study. The tree pictured is an existing oak which the
developers have gone to great lengths to preserve. A no parking area will be
designated.
Mayor Houston closed the public hearing.
On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote
(Cm. Howard absent), the Council adopted
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RESOLUTION NO. 52 - 98
ADOPTING A NEGATIVE DECLARATION FOR PA 97-040
CASTERSON PROPERTY DEVELOPMENT
GENERAL PLAN/SPECIFIC PLAN AMENDMENT, PO REZONING,
VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW
and
RESOLUTION NO. 53 - 98
ADOPTING A SPECIFIC PLAN/GENERAL PLAN AMENDMENT
FOR PA 97-040 CASTERSON PROPERTY DEVELOPMENT
and
RESOLUTION NO. 54 - 98
APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS
FOR A PlANNED DEVELOPMENT (PO) REZONE/DEVELOPMENT PLAN
CONCERNING PA 97-040 CASTERSON DEVELOPMENT (TRACT 6979)
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and waived the reading and INTRODUCED an Ordinance amending the Zoning
Map to rezone property located at 5020 Tassajara Road (APN 986-0002-003) to
a Planned Development Zoning District and adopting a Development Plan for the
Casterson Property Residential Development Project (PA 97-040).
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CITY COUNCIL MINUTES
VOLUME 17
REGULAR MEETING
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PAGE 219
DUBLIN SWIM CENTER MASTER PLAN STIIDY
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8:31 p.m. 7.2 (250-30)
Parks & Community Services Director Lowart presented the Staff Report and
stated the Council would be reviewing the findings and recommendations
contained in the Dublin Swim Center Master Plan Study which was prepared by
Water Technology, Inc.
Ms. Lowart discussed the findings and recommendations related to the Pool Tank,
Gutter System, Pool Inlets, Hydrostatic Relief Valves, Deck Equipment, Deck
Areas, Piping and Recirculation, Pool Filtration, Pool Heating System, Chemical
Control System, and Buildings.
WTI prepared a number of recommendations: i.e., Replace Pool Deck, Replace
Perimeter Fencing and Paint Exterior, Replacement of Pool Heater, Improvements
to Mechanical Building and Storage Area, Resurface Walls in Filter Pit, and
Installation of Drop Slides
The total costs associated with the improvements identified range from $660,430
to $726,344. Funds are currently not available to complete the improvements as
proposed. The estimated cost of replacing the deck only ranges from $349,762 to .
$415,676. There is an available balance of $11,580 for this project in the lY
1997 -98 budget. These funds were intended to be used for design of the deck
project. A budget change will be necessary to proceed with the preparation of
construction documents. The budget change will accompany the Architectural
Services Agreement which will be brought before the City Council at a
subsequent meeting.
Ms. Lowart summarized that the Dublin Swim Center is in relatively good
condition for a facility that is 24 years old. The Consultant made
recommendations for several structural and aesthetic improvements needed. The
improvements and recreational attractions that are desirable could result in
increased attendance and enhanced revenue. The improvements could be
completed as one project or broken into smaller phases. As noted by the
consultant, there is a potential for significant cost savings by completing the
project in one phase.
Ms. Lowart reported that we have received a grant from Waste Management to
purchase recycled picnic furniture. It would be nice to expand the deck to have a
plClliC area.
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. em. Burton asked what the deck is made of.
Ms. Lowart stated it was originally a decomposed rock type surface and then we
went in and put a pool deck type surface over it to encapsulate it. This is also
failing. There is a lot of ground water underneath the pool. Movement is
happening under the deck. We will put a new concrete deck in.
Cm. Burton commented he felt this was a pretty ambitious report.
Cm. Lockhart asked if we do the deck improvements would this be the
appropriate time to remove the diving boards and put in the slides.
Ms. Lowart stated we purchased a one meter diving board several years ago. We
should plumb it so the slides can go in.
Mayor Houston stated his 3 year old son will be very disappointed that the high
dive will be gone.
Torn Benigno asked about the heaters, how many gallons, and if there was a hot
tub on the end.
. Ms. Lowart stated there are 380,000 gallons and it is a kiddie pool, not a hot tub.
She restated that there will be 4 heaters.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (Cm.
Howard absent), the Council directed Staff to evaluate the availability of funding
for the proposed improvements in the 1998-2003 CIP and authorized Staff to
secure architectural services for the preparation of constnlction documents for
the Dublin Swim Center Deck Replacement only.
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SELECTION OFFARMERS' MARKET OPERATOR AND LOCATION OF EVENT
8:51 p.m. 7.3 (470-50)
Economic Development Manager Reue1 presented the Staff Report and indicated
that per direction given by the Council at the April 21 City Council meeting, Staff
has reviewed the Donlon Way and the Shamrock Village Shopping Center
locations for a proposed farmers' market. Four proposals were submitted from
operators, including: 1) Pacific Coast Farmers' Market (PCFM), California
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Farmers' market Association (CFMA), Urban village Fanners' Market (UVFM),
and Marin County Fanners' Market (MCFM). All four are very experienced and .
Urban Village Fanners' Market (UVFM) was selected. They have always
considered the Donlon Way site as the best location in Dublin to hold a fanners'
market. The owners of the Shamrock Village Shopping Center (Doerken
Properties, Inc.) have given permission to use part of the parking lot at their
center subject to certain conditions and have asked the City to hold the event on
Saturday mornings from 8:00 a.m. to 12:00 noon instead of on Friday
afternoon/ evenings.
Mr. Reuel stated in reviewing the two sites, Staff recommended using the Donlon
Way location for a Friday Farmers' Market over competing with the many other
markets held on Saturday. TItis could present a problem for the kennel business
at the end of Donlon Way and Staff has tried to work out an access with signage
for them which would mean their customers would have to drive 2/10 of a mile
around the buildings in the Heritage Center Office complex to get to the kennels.
If the Council prefers to use the Shamrock Village Shopping Center site, then it
would need to be held on a Saturday morning.
Mr. Reuel presented other opportunities. Some of the sites work on days other
1han what Staff was directed to look at. The location of a portion of Mervyns
parking lot near Glendale Federal could be a potential site. Mervyns gave
pennission to use their lot, but not on a Friday, Saturday or Sunday. Albertson's .
carne back today and said no. The other location is the Plumbery area and they
have agreed that a Friday would work. The Dublin Corral Restaurant is
temporarily closed.
Mr. Reuel advised that Ron Pardini, Owner of lNFM was present to answer any
questions.
Cm. Burton asked if the only secure place is Donlon Way. If we work out another
location, he questioned if this would affect our contract with the fanners' market
people.
Mr. Reuel stated we could change locations or days subject to consent of the
operator. '
Cm. Lockhart commented if we are going to do it on Friday, then 4:00 p.m. to
8:00 p.m. makes more sense. Do they sell right through to 8:00 p.m.
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Mr. Reuel stated part of their contract would be to clean up the area so this was
factored in.
em. Barnes commended Mr. Reuel for the time he put into this.
Mr. Reuel apologized that he could not bring back a perfect location.
Cm. Barnes felt those areas that turned us down may see in the future the error of
their decision.
Mayor Houston felt that changing locations cannot be a good thing. It may have
to happen anyway, but they would want stability. Ideally, we don't want to be
hopping around.
em. Barnes asked about the logistics of using the Plumbery parking lot.
Mr. Reuel discussed this and use of the area around U. S. Bank. There is enough
space, and most of the tenants contacted so far are very supportive of this.
Cm. Barnes stated she would really like to see us stick to a Friday night; we jump
the gun on the other two cities. She likes it only if we do it in the shopping
center. We would not have a problem with blocking the street on Donlon for the
kennel business this way.
George Zika, 8046 Peppertree Road commended Greg who has done a super job
on this. He pointed out that the Downtown Task Force who started this thing
wanted it in the core business district, but it looks like this can't happen. This
will bring a lot of shoppers to the stores. Greg was pulled eight ways to Sunday
and had a very difficult assignment to make this work.
Doug Hayden, President of California Farmers' Market Association stated he felt
our operator will do a great job for us and Greg needs a vacation. His association
has a ton of experience. What Greg was asked to do takes a lot of patience and
expertise. They rode around town and looked at sites. In the parking lot site at
Target/Montgomery Wards, a market would have been awesome. The attitude of
look and see and maybe move this later is a win/win situation. They talk to
businesses and help them understand how this can benefit their businesses. He
urged the City Council to be flexible and work with Ron. They are available for
consultation. Developing Saturday markets are tough. The one thing missing is a
survey of the community as to what they want. Greg has had to do everything
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backwards and he has worked his buns off. Hopefully Ron will have money to .
spend on advertisers and to get the fanners. This will be a great event for Dublin.
Ron Pardini, UVFM Executive Director wished everyone a Happy Cinco de Mayo.
The location is far and away the best as the street is a channing street. There is
plenty of parking nearby and he likes the change of time 4:00 p.m. to 8:00 p.m.
He has never seen a market under lights, but we will be the first. They have a
warm and fuzzy feeling about Donlon Way and are happy the kennel won't be
adversely affected. .
Tom Benigno stated he has become like the grinch of Dublin on this deal. He
went to a meeting down in Redondo Beach and met Ms. Gail Hayden who is chair
of the advisory committee. This is a nice sophisticated group. He voiced his
opinion to the committee who were interested in what he had to say. He wants
to make sure in the cities of Dublin, Pleasanton Livennore, Hayward and
Timbuktu that it's done honest and legal and done with dignity. What has to be
done in any concept of putting a business together is you have to go to the roots of
the business. You have to find out bottom line. It's all about money. What we
have here is a conflict of interest. Four lawsuits are going on right now with two
directed to him. There are improprieties going on. He understands that Ms.
Barnes wants to go out with her Pekinese and buy her flowers. They will,
however, have to accept food stamps, work with the WICK program and it is .
insunnountable on how this is going to work. A certified fanner is one who is on
a piece of land and goes to the Agricultural Department and wants to grow crops.
He has to take a test to become certified. The complication is whether or not they
are organic. Commissioners are so overworked they can't get to the people they
need to get to. Nobody is accepting responsibility. Due to the fact that these guys
do mix and blend the product, it is happening. He can't give out information on
1392 because it is confidential. They are trying to match funding from federal
sources. He requested that the City Council please hold off on a decision until a
full investigation is done. If that doesn't happen, he guaranteed he will get
legislation passed to abolish 1392 and enact a new law that you can have a fruit
stand anywhere in town that you want. The legitimate ones need a break. The
crooked ones need to get out. He has notified 17 cities on this and they want to
help farmers.
Bruce Fiedler 6589 Hemlock Street felt we should do this now.
Susan Hagen Donlon Way, stated she owns the Kennel and originally came with
concerns about it being on Donlon Way. She is very excited about a fanners'
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market and she'll be there on Fridays. They appreciate the concern Greg showed
for their business.
Mayor Houston asked about when the first day would be.
It was reported that June 5th will be the opening date.
Cm. Barnes slated everyone she speaks with asks, "W.dEN?". Tnls is something
the people of Dublin want. She looks forward to June when we can shop in
Dublin.
Cm. Lockhart stated speaking for the Business Task Force, her fir~t choice would
have been Shamrock Village. She would like to see us work harder to make this
work even on a Saturday. She was concerned about Friday evenings and the
inlpact to the residential areas there. It is great that we are going to do this. She
is disappointed that other businesses did not see this as an opportunity.
On motion of Cm. Barnes, seconded by Cm. Burton, and by majority vote (Cm.
Howard absent), the Council authorized the City Manager to enter into an
agreement with Urban Village Farmers" MarkeL to operaLe a certified farnlers"
market in Dublin; directed Staff to condition the City's temporary use pernrit to
lJ'vTM for the operaLion of a certified fanners' lU8Tkel with the days of operation
being .Fridays fronl 4:00 p.1U. to 8:00 p.nI., during the SlUll1.!.ler season, rmming
weekly from the first vleek of JUlle to OCiDber, 1998; approved the Budget
Change 1-'01'111; and approved the Dublin Square Shopping Center location.
CHi. Lockhart voted in opposition to lhe ,motion.
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TRI-VALLEY TRANSPORTATION
DEVEWPMENT FEE TOINT POWERS AGREEMENT
9:33 p.m. 8.1 (1060-90/600-40)
City Attorney Silver presented the Staff Report and advised that the Tri - Valley
Transportation Council is made up of seven local jlll'isdictions: Dublin,
Pleasanton, Livermore, San Ramon, Danville, Alameda County and Contra Costa
County. The TVTC has been working for several years to develop a regional
transportation fee to be levied on new development to construct major
transportation improvements necessitated by new development. This Joint
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Exercise of Powers Agreement (fEP A) will provide a conunon basis for the levy
and use of a Transportation Fee for regional lll1provelllents.
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Ms. Silver explained that the JEP A provides that the Fee will remain in effect until
the TransporLalion Ituprovement Projects are constructed. This commitment is
Inore in the nature of a political rather than a legal coltullitrnent inasllluch as the
current Council cannot contract away the police power of a future Council which
may wish to Inodify or repeal the fee.
Cnl. Burton commented on reimbursen1ents, and asked who will make the
decision that they will build an overpass if a developer decides to build a lane or
traffic improvement. Who makes the decision, is it each city?
Mayor Houston stated the group as a whole will have to agree to this.
Cm. Burton congratulated Mayor Houston for sticking with this.
Mayor Houston stated they had already approved the plan for the road ~'Y~iem
and have been wrangling ever since over the fee4 The City of Dublin is protected
and the City of Pleasanton is protected and everything in the JEP A is very good.
He complimented Ms. Silver for pulling everything together in the end. She .
pulled everyone together and got them to focus on the really important things.
enl. Burton discussed the West Dublin BART Station and asked if it is built by
private developers, will the money we have set aside be put back into the pot?
Mayor Houston stated the money for the projects is 5 times m-Ore t1:1an \ve are
collecting. This will prime the pump to get prepared so that we can go to the
state and the feels. We'll look at this to get everybody in a competitive way for
funds at other levels.
On motion of Cn1. Burton, seconded by Cnl. Lockhart, and by unanimous vote
(Cm. Howard absent), the Council adopted
RESOLUTION NO. 55 - 98
APPROVING "JOINT EXERCISE OF POWERS AGREEMENT
PERTAINING TO THE IRI-VALLEY TRANSPORTATION DEVELOPMENT FEES
FOR TRAFFIC MITIGATION"
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Mayor Houston stated the hope is that there won't be any changes other than
technical ones by the other agencies otherwise we'll have to go back through this
again. The other cities are considering this also this week.
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OTHER BUSINESS
9:47p.m.
Library Task force (610-05)
.Mr. Ambrose provided an update on the Library Task force meeting. The nleeting
will be held on May 20 at 7:00 p.m.
em. Barnes stated she won't be here then. She'll be back in town on.May 21.
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Code Enforcement/Property Maintenance (530-20)
Cm. Lockhart asked for an update on the BP Station on Amador Valley Boulevard
@ Village Parkway.
Mr. Ambrose stated we have contacted them, but have received no response yet.
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Property Maintenance (530-20)
em. Lockhart stated she had been getting comments that at the Heritage Center
and Cemetery, the weeds are really high. She responded that with the weather
and recent rains, we have not been able to clear it yet.
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Business Task Force (610-05)
em. Lockhart reminded everyone of the Business Task Force meeting on May 13.
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Rowell Ranch Rodeo (610-85)
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Cm. l.Dckhart asked how many Councilmembers will be riding horses at the
Rowell Ranch Rodeo.
Mayor Houston stated he ha.s Little League obligations that day, but will go to the
barbecue later on.
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PoliticalSi~s (400-30)
Cm. Barnes commented she is very happy with everything going on in the City.
Mr. Place has signs all over the place. She will write to him on the Internet. Mr.
Ball has also added signs. They put the signs very high up. We're too good of a
City to have this kind of trash going on and littering the area.
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Operation Dress Up Program (610-85)
Cm. Burton reported that the Operation Dress Up program is moving right along. .
They are looking forward to the Womens' Club coming in and also to the
Soroptimists coming to a meeting.
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Schools in Eastern Dublin (515-20)
Brian Schmidt, 4736 Fawn Way stated he wanted to comnlent about something
he read in the newspaper. They luoved here in December and were concerned
about schools. When they moved here they found out their son would go to
Frederiksen and his class is in a trailer. With the amount of housing being
developed in eastern Dublin, with a projected number of 13,000 to 15,000
homes and with schools in the distant future, this has them very concerned and
they are considering moving out of Dublin. If the school systems aren't
developed, they will have to look elsewhere. They would like to stay here. He is
not the only one who feels this way. If the schools are pushed, it will force
someone's hand.
Mayor Houston apologized for making him sit through the whole meeting, but
stated hopefully he found it interesting. He advised that the elementary school
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will open in the fall of 1999. There was a liaison meeting with the School
District this afternoon. With regard to a middle school, they don't feel it is
required at this time. They explained that the article was not accurate at all.
Wells will go up to about 1,050 students and at that time the second middle
school will be built. They don't have the developer dollars at this time to build a
middle school. They are well aware of the situation. With regard to the timing of
new residents corning on line, they are acutely aware. The appropriate forum to
address concerns would be before the School Board. One hundred and thirty kids
are out in the Emerald Glen area at this time.
Mr. Schmidt stated his oldest will be 7 years old and is going to be in the 2nd
grade. They hope the grade school will be open next year. His youngest will be
in Kindergarten.
Cm. Burton asked if he was impressed with the Council meeting.
Mr. Schmidt stated he was happy to see what is happening in Dublin.
Cm. Lockhart stated she felt that businesses developing in the east have a strong
interest in not only the new schools, but also in the existing schools. They are
taking a real interest to see what they can do to help and upgrade facilities. .
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APTOURNMENT
11.1
There being no further business to come before the Council, the meeting was
adjourned at 9:59 p.m.
Mayor
ArrEST:
City Clerk
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