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HomeMy WebLinkAbout04-21-1998 CC Adopted MinutesREGULAR MEETING - April 21, 1998 A regular meeting of the Dublin City Council was held on Tuesday, April 21, 1998, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. None. PLEDGE OF. ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. A Creative Playschool Daycare (450-50) 7:06 p.m. Don Krekorian, 6842 Brighton Drive, Dublin, stated as he would be unable to attend the City Council meeting on May 5th when the A Creative Playschool Daycare returned to the Council, he wished to address the Council at this time. At the January 6, 1998 Council meeting, he had brought a video tape and photographs showing 20 children in the backyard at one time. The City had allowed only 10 children in the backyard at one time. His son asked him why people who don't follow the rules are rewarded for breaking them. I told him politics and reality are two different things. In two weeks, A Creative ?layschool Daycare will be returning to the City Council asking that they be allowed to increase the number of children in the backyard at one time to 30. He asked the Council whether this was considered a home occupation. Mayor Houston explained that State Law requires no action or discussion may take place on any item not appearing on the posted agenda. CITY COUNCIL lqiNUTES VOLUIVlE 1 7 REGULAR I'4EETING Apdl 21, 1998 PAGE 178 Mr. Krekorian gave each of the Councilmembers a copy of the Home Occt~pation Handout and asked them to review it before the next Council meeting. A noise study had been requested, but no one has reviewed the situation. He asked them to open their minds and ears. He urged the Council to come to his house and listen to the children. He had bought his house to retire. On March 20th around 4 p.m. he was in his backyard digging in the garden when he heard someone call him a pervert and accused him of taking pictures. He urged the Staff to come out to his house. He wanted a negative declaration since they were leaping from 15 children to $0 children so the true facts can come out. He stated you are our employees. Please help us. Freeway Traffic Problems (800~$0) A1 Hunter, 7994 Jade Circle, Dublin, indicated that he was disturbed by the article he had read in the Valley Times in regard to CalTrans using metering lights. A certain mayor had given his opinion that the metering lights would make it inconvenient for the people of Pleasanton. He challenged Mr. Tarver to drive, on the freeway at 4:30 p.m. If the people live in Tracy, they work in our valley because they cannot afford to live here. He hoped our Council was smarter and did not agree with the other Mayor. He feared we will become landlocked with traffic. Introduction and Welcome Mayor Houston introduced Sylvia Rubino, a Court Report, who would be taking Minutes on Item t3.2, a request by American Building Components to appeal the application and interpretation of the Building Code violations and welcomed her to Dublin. CONSENT CALENDAR 7:18 p.m. Mayor Houston requested that Item 4.13 regarding Winning Action Investments be pulled. CiTY COUNCIL I'41NUTES VOLUVIE 17 REGULAR I'4EETING Apri~ 21, 1998 PAGE 179 On motion of Cm. Burton, seconded by Cm. Lockhart and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Joint Study Session workshop of February 21, and Regular Meeting of April 7, 1998; Adopted (4.2 600~40) RESOLUTION NO. 38 ~ 98 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1998-99 Received (4.3 320-30) Investment Report for 3rd Quarter I997-98; Adopted (4.4 600~30) RESOLUTION NO. 39 ~ 98 APPROVING AGREEMENT WITH CCS PLANNING & ENGINEERING INC., FOR CONSULTING SERVICES Authorized (4.5 600-30) Staff to advertise Contract No. 98-06, Annual Slurry Seal Program for bids; Authorized (4.7 350-20) Staff to distribute a Request For Proposal (RFP) for a Financial Management System and authorized an exception to the required bid procedures; Established (4.8 600-30) a new Capital Improvement Project for the 1-580/ Fallon Road/Et Charro Road Interchange, approved the Budget Change Form for 1997~98 and adopted RESOLUTION NO. 41 ~ 98 APPROVING AGREEMENT WITH JENNIFER LIN REGARDING PROJECT STUDY REPORT I-580/FALLON ROAD/EL CHARRO ROAD INTERCHANGE Received (4.9 330-50) the Financial Report for the month of March 1998; CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING April 21, 1998 PAGE 180 Adopted (4.10 550~Z0) RESOLUTION NO. 42 ~ 98 DECLARING WEEDS & COMBUSTIBLE REFUSE A PUBHC NUISANCE AND ORDERING THE ABATEMENT THEREOF directed Staff to notify the public, and scheduled a public hearing for May 19, 1998 to hear and consider objections to abatement order; Approved (4.11 300-40) the Warrant Register in the amount of $1,140,893.57. Mayor Houston stated on Item 4. G I'm a limited partner of an ownership parcel on Houston Place. It is in escrow for sale and I was under the impression that it had actually close~ but it forces me to abstain from Item 4. ~, Item 6.2, and Item Z I. Item Z 1 is within 2GO 1~ ofmyproperty or my 1% ofmyproperty so I had planned to be votin$ on all those agenda items this evening~ but since I am still currently technically an owner, I have to abstain from all three of those items. I would like to ask the CiOz Clerk that you can post this in the record for each of those items, 4.4 G.2 and Z 1 so I don't have to repeat eveo,thin$ later in the agenda. Mayor Pro Tempore Burton presided over this item. On motion of Cm. Howard, seconded by Cm. Barnes, and by majority vote (Mayor Houston abstained), the Council adopted (4.¢ 410~40) RESOLUTION NO. 40 - 98 APPROVING PARCEL MAP 7163 (WINNING ACTION INVESTMENTS) APPOINTMENT TO THE ALAMEDA COUNTY FIRE DEPARTMENT ADVISORY COMMISSION 7:20 p.m. 5.1 (110~$0) Assistant to the City Manager Texeira presented the Staff Report indicating that on June 17, 1997 the City of Dublin entered into an agreement with the Alameda County Fire Department (ACFD) for the provision of fire and emergency response CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING April 21, 1998 PAGE 181 services. As part of the agreement, the City is entitled to one City representative on the ACFD Advisory Fire Commission. The purpose of the Fire Commission is to encourage and create a forum for citizen input, advice and consultation regarding all fire service programs and activities, and the administration of these programs and activities throughout Alameda County. The Commission is currently comprised of 10 members including one member-at-large and representatives from the County's service area. The Commission meets approximately once each month with the Commissioners serving a four-year term. Cm. Burton asked to hear more about the commission. Fire Chief McCammon explained that each agency that receives fire services from Alameda County Fire Department has a member representing them on the Fire Advisory Commission. The Commission meets once a month at which time the Fire Chief updates the Commission on programs within the Fire Department. Cm. Barnes asked if the Mayor would get a badge and hat. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council confirmed the appointment of Mayor Houston to the Alameda CoUnty Fire Department Advisory Fire Commission. The Alameda County Board of Supervisors will be, asked to confirm this appointment. PUBLIC HEARING ~ BLOOMINGTON WAY STOP SIGNS 7:22 p.m. 6.1 (590-40) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report indicating that at the April 7, 1998 meeting, the City Council conducted a public hearing regarding traffic issues on Bloomington Way. TJKM had conducted a stop sign study and the two intersections of Bloomington Way between the upper Fenwick Way intersection and Beckett Way did not meet the warrants for all-way stop signs. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING April 21, 1998 PAGE 182 At the April 7th meeting, the Council approved the installation of the recommended striping and requested Staff to prepare a resolution for approval of stop signs on Bloomington Way at the Beckett Way intersection and at the southernmost (upper) Fenwick Way intersection. 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. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 43 ~ 98 APPROVING INSTALLATION OF STOP SIGNS ON BLOOMINGTON WAY AT INTERSECTION OF BECKETr WAY AND AT SOUTHERNMOST (UPPER) INTERSECTION OF FENWlCK WAY PUBLIC HEARING REQUEST BY AMERICAN BUILDING COMPONENTS TO APPEAL THE APPLICATION AND INTERPRETATION OF THE BUILDING CODE FOR VIOLATIONS LOCATED AT 625,3 DOUGHERTY ROAD APN 941-550-5-1 7:24 p.m. 6.2 (440-40) Mayor Houston stated Fm a limited pa~ner of an owaership parcel on Houston Place. It is in escrow for sale and I was under the impression that it had actually close~ but it forces me to abstain from Item 5.2. I had planned to be vot~'nS this eveninx, but since I am still currently technically an owner, I have to abstain. Mayor Pro Tempore Burton opened the public hearing. Court Reporter Sylvia Rubino swore in Ken Petersen, Building Official and Gregory Shreeve, Building Inspector. Mr. Petersen explained that the Council had five action options available. 1) Uphold the Building Official's decision; 2) Interpret any provisions of the Building Regulation Administration Chapter; 3) Grant a variance or variances with conditions if the Council finds that enforcement would be contrary to the CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING April 21, 1998 PAGE 183 spirit and purpose of Section 7.32.020, 7.:36.020, and 7.40.020; 4) Approve alternate materials or methods of construction and overrule the decision of the Building Official; or 5) Appoint a Board of Appeals to hear and render a determination of this appeal. Ms. Silver clarified that Mr. Petersen was asking the Council to decide whether the Council wanted to hear the appeal or appoint a Board of five people to hear the appeal. cm.s Ix)ckhart, Barnes, and Howard wanted the Council to hold the public hearing to hear the appeal. Mr. Petersen presented the Staff Report indicating that on August 26, 1997 the Fire Department performed its annual inspection of 6253 Dougherty Road. Violations of the Dublin Municipal Code outside the expertise of the Fire Department were revealed so the Fire Department requested that the Building Department conduct a joint inspection of the site. An inspection was conducted on August 27, I997. Several buildings and miscellaneous structures were found to be in a state of dilapidation and disrepair and several structures and interior office areas appeared to have been constructed without the required building permits and inspections. The Building Official determined that the conditions constituted dangerous and illegal buildings. On September 30, 1997, the owner of the property, Mr. Omernik, was sent a formal Notice of Violations by the Building Official. On October 15, 1997, the Building Official received an appeal request from the owner of the property. The owner has complied with some of the original violations, but four violations remain outstanding. They are 1) trailers, storage sheds, and modular buildings constructed and placed without required building permits; The Bu±tdin$ Official contends there is no record of City or County permits, the buildings do not meet minimum property line setback requirements and do not have adequate foundations which presents fire and building collapse hazards to occupants on the site, as well as neighboring properties. The buildings also have various structural and electrical hazards. A4r. Omernik believes the trailers and storage sheds were installed with Coun& permits and has stated he would be willing to move the trailers; however, as of this date no action has been taken to remove the trailers. CiTY cOUNCIL MINUTES VOLUME 17 REGULAR MEETING ApH! 21, 1998 PAGE 184 2) 3 offices, 2 restrooms, and a storage room constructed on an existing mezzanine without required permits; The Building Official contends there is no record of City or COunty permits approving the design, location and construction of these rooms which present fire, exiting, and structural collapse hazards. Mr. Omernik has stated the second lloor o155'ces w~re conslructed with permits in 19 72 during the restoration of the building aider a fire damaged the building. 3) an office with storage above constructed without required building permits; The Building Official contends there is no record of City of County permits approving the design, location, and construction of this room which as constructed presents fire, exiting, and structural collapse' hazards. Mr. Omernik has stated that this room was added without permits but that permits should not have been necessary. 4) dilapidated trailers, storage sheds, and modular buildings in their present condition constitute a fire and collapse hazard to their own occupants, as well as neighboring properties. The Building Official contends these structures are severely dilapidated and in disrepair and constitute a fire and collapse hazard to their own occupants, as well as neighboring properties. Mr. Omernik has stated that the aklapidated buildings are in no danger of collapsing and were permitted by the CounOr for size and location. The dilapidated modular buildings and trailers belong to others and would require a minimum of 60 days to remove them. There is no evidence that any action has been started. In conclusion, Mr. Petersen indicated that Mr. Omernik, the owner, has appealed the Building Official's findings based on the claim that the buildings are not dangerous and were legally constructed under various construction permits obtained from the County of Alameda prior to the incorporation of the City, but Mr. Omernik has failed to produce any evidence of the existence of these permits. The owner has stated he would be willing to move the trailers; however, to date no action has been taken. The Building Official believes these buildings, in their present condition, constitutes an extreme fire, electrical shock and collapse hazard to occupants on the site, as well as posing an extreme fire hazard to neighboring properties. The Owner has been working with City Staff to comply with some of the violations, but he has refused to correct the four violations noted above. CiTY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING April 21, ~998 PAGE 185 Mr. Petersen also presented some slides of the violations to the Council and an overhead of the site map. Cm. Burton asked if any permits have been presented. Mr. Peterson replied that the County had been contacted and confirmed that everything had been transferred to the City and no permits have been found. Cm. Lockhart asked what the area was zoned? Senior Planner Carrington replied M~ I. Cm. Burton asked if there was anything that could not be corrected at the site? Mr. Petersen responded that there was nothing that couldn't be corrected, but it could be costly to repair. Cm. Burton indicated that the Council was concerned with the health and safety of the public and that was the reason for the Code and permits. What was the process to re-permit? Mr. Petersen replied that plans would need to be prepared and an application for building permits. Cm. Burton asked what was the time frame to re-permit a building? Mr. Petersen responded 30 days to prepare a set of plans, the City has a 15 day turn around so that within 60 days he could have a building permit. Ms. Silver indicated that Mr. Omemik would need to be sworn in by the Court Report, which was done. Mr. Omernik stated this response was beyond his comprehension from a legal standpoint. The building had been built in 1962 and the top of the building was destroyed in a fire in 1972. It was used for offices and had a small mezzanine. After the fire, new plans were submitted with an eight foot roof on the second floor. He has been in construction and building for many years. 82% of the violations have been corrected. He couldn't correct the others because he can't get in with a forklift. Debris has been piled up because a previous City Building Inspector had stopped him from grinding into wood chips and selling as dry ton. Now it is costing him to get rid of it. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING April 2'1, 1998 PAGE 186 Cm. Burton asked about the buildings that permits didn't have and the building in violation of City Code. Mr. Omernik stated it was minor such as too many cords on the floor. These cords were necessary to do the work. Cm. Burton indicated the Code says cords can't be put on the floor; they need to be hung up. Ms. Silver asked the Council to look at page 3 of the Staff Report which deals with the four items that are subject to appeal by Mr. Omernik and respond to the question "Is the Building Official's interpretation correct?" Cm. Burton replied that this was a hearing and the Council needed to follow the direction of the City Attorney. Mr. Omernik indicated that he only had four days to prepare for the appeal. He had called the City Clerk and said he didn't understand. Friday afternoon he was given the agenda statement. He was not familiar with it and could not respond. He would prefer to continue the hearing so he could get legal advice. Cm. Barnes asked about the modular buildings. Mr. Omernik replied the modular buildings had come from the Civic Center site and had been left by someone else. In regard to the 16 by 16 foot room, he had put the two walls up without a permit to provide a lunchroom. His profession is construction so he had put up two walls and a roof. The trailers had been purchased to remove the wood chips but the City had stopped his operation. Now he has all the equipment. Cm. Lockhart asked if he believed the trailers were dilapidated? Mr. Omernik replied that they could not be removed due to the wet situation. These are isolated items due to the inclement weather. He wanted this to be continued for 60 days. He had no opposition to what they requested. Cm. Lockhart stated that City Staff had been working with you for the last eight months. Cm. Burton asked what was involved in a continuance? CITY COUNCIL ]vlINUTES VOLUIvIE 1 7 REGULAR MEETING April 21, 1998 PAGE 187 Ms. Silver replied if the hearing was continued, Staff would like the hearing held when Mr. Petersen was aVailable. She counseled the City Council to allow Mr. Omernik to be allowed to say all he wanted to say. Mr. Omernik stated he had not gotten a permit for the two walls for the lunchroom for the employees. The High School buildings belonged to someone else. He would need to find out what to do with them. He realized he was stuck with them and he would deal with it. His property was large enough for them to be on it. Ms. Silver indicated Council should ascertain why Mr. Omernik would need to continue the hearing. Mr. Omernik responded there were legal aspects he was not comfortable with. Cm. Barnes asked if he had spoken with an attorney. Mr. Omernik replied he had last Friday, but she was not able to review the item. He had already addressed 80% of the items. As far as being a hazard, he felt it was grossly overstated. This was his business. He felt he was qualified and the two walls he built are legal. He felt it was a form of harassment in regard to the electrical outlets not being covered. Ms. Silver clarified this hearing was not addressing the 42 issues, but there were only four issues before the Council. Staff realizes that Mr. Omernik has corrected many of the issues. Cm. Barnes asked why Mr. Omernik chose these four issues. Mr. Omernik responded due to the time limit and weather some have been not corrected so citations have been issued. He has never received citations before. There were three or four citations that are scheduled to go before the judge on June 9th. He is happy they are going before the judge who he feels will look at it from an objective point of view. Ms. Silver clarified that the citations are for fire code and zoning code violations and the issues before the Council were building code violations. Mr. Omernik had thought this was in regard to 42 issues, but now he realizes that only four issues are being discussed. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING April 21, 1~'98 PAGE 188 Cm. Lockhart confirmed that the Council was just dealing with the building code violations and not the fire and zoning code violations which are handled by different jurisdictions. Mr. Petersen stated the reason this issue is before the Council is because the Building Department did not issue any citations and because Mr. Omernik appealed the Building Official's findings. Mr. Omernik could comply by working with the Staff and verifying work has been done with permits. Ms. Silver asked Mr. Omernik if he had any more to say. Mr. Omernik responded no, he didn't. Mayor Pro Tempore Burton closed the public hearing. Cm. Barnes stated the Council was to review the four issues and take a straw vote in regard to whether the Council was going to uphold the Building Official's findings. The rooms had been built without a permit. Cm. Burton felt the Council should be interested in correcting the problem and not imposing the law. Weather could be a factor as they can't use a forklift. He was not questioning the Building Official's findings, but wanted to give the owner time to have the problem corrected. Cm, Howard stated that was not the point. The Council should take a straw vote on whether or not to uphold the Building Official's findings. Cm. Lockhart looked at the history. The Building Department has been trying to work with the owner for the last eight months. It is an unsafe condition. The photographs show that. He admitted he built without permits. She felt it was the Council's job to review what our Building Department has done and support them. She was in favor of supporting the findings of the Building Official. All live under these rules. They are not asking him to do what we don't ask other residents to do. She applauded the Building Department. Ms. Silver read each of the issues being appealed and the Council voted on them. 1) Trailers, storage sheds, and modular buildings have been constructed and placed without required building permits. Council unanimously upheld this finding (Mayor Houston abstained). CITY COUNCIL MINUTES VOLUME 17 REGULAR ~'IEETING Apr[~ 21, 4998 PAGE 189 2) Three offices, two restrooms and a storage room were constructed on an existing mezzanine without required permits. Council unanimously upheld this finch'ns (Mayor HoustOn abstained). $) An office with storage above was constructed without required building permits. Council unanimously upheld this fin~'n$ (Mayor Houston abstained). 4) Dilapidated trailers, storage sheds, and modular buildings constitute dangerous buildings and are being used in violation of Section 7.28.070. unanimously upheld ttu's finch'nS (Mayor Houston abstained). Council Following the straw vote, Council directed the City Attorney to prepare a resolution upholding the Building Official's findings and directing the property owner to abate said dangerous and illegal buildings. This resolution will be brought back to the Council at its next meeting on May 5th. Mayor Houston returned to preside over the Council meeting. RECESS 8:30 p.m. Mayor Houston called for a short recess. The meeting reconvened at 8:37 p.m. with all Councilmembers present. PUBLIC HEARING NO PARKING ZONES ON BRIGHTON DRIVE AND CALLAN STREET 8::37 p.m. 6.3 (570-20) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report indicating that the Brighton' Drive/Callan Street intersection is a residential intersection controlled by $~way stop signs. The sight distance for approaching traffic to the intersection is adequate if no vehicles are parked at this T~intersection. Visibility would be improved by prohibiting parking on Brighton Drive to the west and east of Callan CiTY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Apr[~ 21, 1998 PAGE 190 Street and also on westerly and easterly curbline of Callan Street at Brighton Drive. Cm. Lockhart asked if people were observing the red curbs now? Mr. Thompson replied yes. 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. Burton p.m., seconded by Cm. Lockhart, and by unanimous vote, the Council adopted RESOLUrION NO. 44 ~ 98 APPROVING NO PARKING ZONES ON BRIGHTON DRIVE AND CALLAN STREET PUBLIC HEARING SUMMERGLEN DEVELOPMENT AGREEMENT PA 97-036 8:39 p.m. 6.4 (600-60) Mayor Houston opened the public hearing. Senior Planner Carrington presented the Staff Report indicating that on February 2, 1998, the City Council approved a Planned Development Rezone for the Summer Glen single family residential project. On April 14, 1998, the Planning Commission unanimously recommended approval of the Development Agreement to the City Council. The Development Agreement provides security to the developer that the City will not change its zoning and other laws applicable to the project for a specified period of time, as well as providing a mechanism for the City to obtain commitments from the developer that the City might not otherwise be able to obtain. It also assures the City that new development will fund the costs of infrastructure and service in that Specific Plan area. The Development Agreement sets forth infrastructure construction and phasing, parkland dedication, and the payment of various required impact fees. This C[TY COUNCIL MINUTES VOLUME 1 7 REGULAR I'4EETING April 21, 1998 PAGE 191 agreement will become effective for a term of five years from the date it is recorded. The City requires that Developers in Eastern Dublin pay traffic impact fees for certain City wide improvements to the circulation system. The Agreement sets forth the City and Alameda County's understanding in relation to the phasing of infrastructure construction, possible oversizing the infrastructure and credits towards traffic impact fees if oversizing does occur. The Agreement also provides for the dedication of 5.55 acres of land for future neighborhood and community parks. 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. Howard, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance approving the Development Agreement and continued the public hearing to May 5, 1998. REQUEST FOR INITIATION OF GENERAL PLAN & SPECIFIC PLAN AMENDMENT STUDY BY ALL ABOARD MINI-STORAGE PA 98-024 8:40 p.m. 7.1 (420-30) Mayor Houston stated I'm a limited partner of a ownership parcel on Houston Place. It is in escrow for sale and I was under the impression that it had actually closed, but it forces me to abstain from Item Z 1. Item Z 1 is within 260 fl of my properly or my 1% of mypropelYy so I had planned to be voting this evenin~ but since I am still currently technically an owner~ I have to abstain. Mayor Pro Tempore Burton took over the meeting at this point and asked for the Staff Report. Community Development Director Peabody presented the Staff Report indicating that a request for a General Plan Amendment that would allow a mini-storage facility on their property had been received. The facility would consist of a 2,794 square foot Manager's Unit and 10 storage buildings providing 82,875 square C~TY COUNCIL MINUTES VOLUME 1 7 REG U LAR MEETING April 21, 1998 PAG £ 192 feet of storage. The City Council had continued this item at its April 7, 1998 meeting to allow Staff to conduct tours of the site for members of the City Council. The tour was conducted on April 21, 1998 at 5:00 p.m. A letter had been received that day at 1:00 p.m. from the appIicant's attorney raising certain legal issues. Staff and the City Attorney have not had an opportunity to thoroughly review the letter so Staff was recommending that the item be continued until May 19, 1998. Cm. Barnes requested the item not be continued until May 19th. She preferred either the meeting before or after the 19th. Cm. Lockhart requested that ff the applicant wanted to speak this evening, she wanted to hear what he had to say. Michael Selby, 990 Highland Drive, Solana Beach, indicated he had seen the Cotmcil two weeks ago and presented what they envisioned for the site. He had felt like a leper when he left two weeks ago. He apologized for the lateness of the letter. He felt the Mini~Storage use was under the M~ 1 zoning and the Council had removed the transportation overlay for another property owner last year. His attorney had attended tonight and could address the issue of the letter. Doug Aikins, 1891 Landings Drive, Mountain View with the Law Firm of General Counsel Associates, 1891 Landing Drive in Motmtain View. He also apologized for the late letter getting to the Council. But he felt there were now two late arriving legal issues that they were struggling in good faith to catch up with. The first Mike mentioned complicated an otherwise relatively straight forward plain vanilla land use issue. The underlying General Plan and Zoning clearly authorized warehousing use of this type and the Site Plan presented by his client at the request of the Planning Department showed that the railroad and the client partnership were willing to donate roughly 50% of the property without cost to the City of Dublin for the eventual widening of Dougherty Road. This was a substantial and otherwise unavailable benefit to the regional traffic pattern, circulation, and safety in Dublin. And with that significant public benefit, the rest of the project was a relatively straight~forward common sense reuse of former railroad right~of~way. So they thought stripped of the two potential legal issues, it was a slam drink, if you will. And certainly his clients are sophisticated and experienced in producing very attractively designed, well landscaped properties throughout the state. In fact, throughout the western United States and he felt a partnership between Dublin and All Board Mini Storage Company on the basic land use issues would be a very beneficial partnership for both parties. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING April 2 PAGE 193 What troubled him when he heard about the situation was an analysis of the effect of the transportation corridor overlay. As he mentioned, the General Plan & Zoning authorized this for storage among other uses. The Transportation Overlay has a rather simple effect of prohibiting every use that is not transportation related. In other words, it says "don't bother to use your property here. You can't have an economic use of your property unless it's transportation related." That in affect nullifies and takes away all the Dublin General Plan and Zoning Policies. So as long as it remains in affect, no economically viable use of the property is authorized by the City of Dublin. That,s a legal problem. You are all familiar by now, no doubt, from consultations with your City Attorney about the regulatory takings issue. If no economically viable use of your property is authorized, then the City, in affect, has purchased the property and simply has to come up on a reasonable schedule with how to compensate the property owner for it. They would like to avoid that kind of legal issue. That is sort of Armageddon style conflict, he felt nobody profits from. And as long as the property can be economically reused in a way proposed by removing the transportation overlay, they think there is a win-win solution in this. So their overall strategy thrust to the Council is keep the existence of the transportation corridor overlay academic. Hease remove it as soon as possible by your normal process, and let's get on to the issue of analyzing the land use merits of what they think is a very attractive and beneficial use. Tonight they heard of another legal issue that is even more troubling because it is not quite so simple. And his obligation here is to ask some questions without making any accusations, but ask some questions that he thinks deserve answers in the public interest. As you know, the Political Reform Act requires full factual disclosure of the facts comprising any potential conflict of interest by any City Councilmember. Tonight they heard Mayor Houston mention in a brief and summary way that he had a financial interest in properties on both sides of this subject property. He pointed out the subject property. The Mayor mentioned a conflict of interest potentially in the ABC Rental property adjoining to the south and another conflict of interest in an adjacent property across from Houston Place. And it is disturbing in light of the Mayor's commentary at the previous meeting where this item was an agendized item, it came up, and as I understand it, the Mayor counseled that rather than move to the normal process of removing the transportation corridor overlay, it might be advisable to keep it in place so that in a future year, some future developer could come along and assemble those properties privately and make a more impressive gateway-type use for this intersection. i iI CiTY COUNCIL MINUTES VOLUME 17 REGULAR MEETING April 21, 1978 PAGE 194 Now coupling that commentary by the Mayor in advance of his disclosure of a private financial interest which he disclosed for the first time tonight, it raises the serious questions about whether the Mayor's point of view on the topic at your last meeting might have been influenced by potential conflict of interest on his part and so as a point of order, with your indulgence, he wanted to ask the Mayor on the public record to disclose in more detail the nature, essence, and facts underlying his financial conflict of interest. What is it? What properties does he have an interest in? Is he in fact looking toward a business venture assembling the railroad's property together with properties to the south (ABC Rental & the Houston Place property) It was his understanding, and he couldn't verify this yet, that the ABC Rental property, against which there is a rather comprehensive code enforcement action program being maintained by the City of Dublin, has placed its property for sale. It's apparently on the market. That circumstance coupled with the Mayor's commentary suggesting that they not remove this transportation corridor overlay which prohibits use of the railroad property coupled with an undisclosed financial interest in the Houston Place property to the south raises troubling questions as to just what the Mayor's interest is and whether perhaps the Political Reform Act may have been violated in his conferring, discussing, and deliberating any of these interests with the Council in advance of tonight's disclosure. As the Council knows, if he has discussed, disclosed or conferred with the Council on the topic of agenda items 7. I, 6.2, and 4.6 that raises the potential of a conflict.., a statutory violation of the Political Reform Act. And their point of view, that issue deserved to be aired and explained fully by the Mayor so that they could go forward confident that the merits of this project were going to be analyzed and considered by the City of Dublin free from any potential private conflicts of interest. It was troubling enough that the City has maintained a "don't bother to develop your property" zone over the property over a good long time. The existence of that overlay can remain academic. That doesn't trouble them as long as they get to use their property in an economically viable way. But if the affect of the debate is to keep in place the transportation corridor overlay, then their legal position is as long as it remains in place, it effectuates an uncompensated regulatory taking of all economic use of the property. And for legal, as well as all the good policy reasons that your Staff can explain, they think the overlay should go and should go as soon as possible. In addition, once the Mayor has fully disclosed and explained the essence and facts underlying his potential conflict of interest, they want to be certain that this project gets a fair hearing by the Council and that the Council's points of view and commentary and analysis of the project is not tainted by any discussion or deliberation they have had with the Mayor. Once the Council knows, once the CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING April 21, 1998 PAGE 195 public knows the nature of this financial interest involved, then his hope and expectation is that the City of Dublin will be able to evaluate the merits of their project objectively. He would be happy to answer any questions he could. Certainly the issue of any continuance itself was troubling. The Mayor has disclosed that he has an escrow pending. They don't know when that escrow is planning to close. They don't know to what properties it applies. But on the surface of things using the standard attorney paranoia, it looks as though that escrow might very well close before this project comes back with the unusual one month continuance and it would be troubling particularly to see the Mayor with a recently crystallized economic interest in assembling these properties sitting there evaluating the merits of their project which would eliminate the potential for his effectuating his assembling of property. So they think that the interest once disclosed will either put their minds at rest, put the public's mind at rest, put the Council's minds at rest or it will pose an insoluble obstacle to the Mayor's further deliberation of this project. Val Barnes stated somehow tonight the questions don't seem to get answered that were posed. It is getting so muddy. She was the one who asked to visit the site and she was enlightened to see it. Janet Lockhart agreed with Cm. Barnes. Mayor Houston did not join the other Councilmembers on the tour and she was prepared to give an opinion today. Beth Howard stated she had come to vote on the study so long as the cost would be borne by the applicant. Mayor Pro Tempore Burton wanted to assure the applicant that the Council was aware of the Brown Act and that the Mayor has only one vote. The Council went out to see the project. He was disappointed to receive the letter. Ms. Silver requested the Council continue the item so she could consider the comments that have been made this evening due to the serious nature of the comments. Cm. Lockhart would like to see this resolved by the next meeting. Doug Aikins asked through the Vice Mayor if he might clarify their request. It is that we strip away the potential and relatively academic legal issue enunciated in his letter, we strip away the potential for conflict of interest until the Mayor can CITY COUNCIL MINUTES VOLUNIE 17 REG U LAR ]VIEETING April 21, 1998 PAGE 196 explain it in due course, and their original request remains tonight that the Council consider and approve initiation of a resolution commencing the General Plan Study. They think that the merits of the study are going to be straight forward, simple, and easily resolved and the sooner they can do so, of course, the happier they'll be. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimously vote (Mayor Houston abstained), the Council continued this item until the May 5, 1998 City Council meeting. Mayor Houston returned to preside over the Council meeting. FARMERS' MARKET LOCATION UPDATE 9:04 p.m. 7.2 (470-50) Greg Reuel, Economic Development Manager, presented the Staff Report indicating that the two sites selected by the City Council at its meeting of March 17, 1998 have not worked out. Montgomery Ward denied use of their parking lot and corporate policy at Target discourages the use of farmers' markets in parking lots of shopping centers that Target is one of the anchor stores. A map indicating other recommended sites by the Downtown Study Task Force were reviewed. Cm. Barnes questioned the size for Site #9. Mr. Reuel indicated that Site #6 involved multi-ownership. Cm. Howard cautioned about closing down Regional Street on Friday nights due to the bowlers and hotel guests (Site #4). Cm. Barnes stated in regard to Site # I, bridal rehearsals can be held-on Thursday nights. Mayor Houston felt Site # 1 would be great exposure to the Heritage Center even though it would not be in the center of Downtown. CITY COUNCIL MINUTES VOLUME 1 7 REG U LAR MEETING April 21, 1998 PAGE 197 Mr. Reuel indicated there is a shopping center near Site # 1. The Farmers' Market proposers have been interviewed. Cm. Lockhart asked what size they were recommending for the Farmers' Market? Mr. Reuet replied $0 to 40 growers and booths which would have farm product and artisans. Cm. Lockhart questioned whether electricity or water was an issue? Cm. Barnes stated that the Danville Farmers' Market used equipment that used batteries. Mr. Reuel indicated Staff has done some previewing of Sites # 1 and #7. Cm. Lockhart requested if Site # 1 was chosen, could the Heritage Center be open on Friday evenings? Mayor Houston suggested that different events be held on Friday nights around the Farmers' Market so the Heritage Center would not need to be open every Friday night. Cm. Barnes felt Site # 1 offered a straight shot so it would be easier to shop. George Zika, 8046 Peppertree Lane, Dublin, encouraged Site #9 because part of the Downtown Task Force goal was to make people aware of the businesses in Dublin. He felt the Farmers' Market needed to be located in the central business district. Perhaps part of Regional Street could be closed from Automatic Rain to the chicken place to get the people and vendors close to the business district. Mr. Reuel indicated that Automatic Rain had some constraints about having the Farmers' Market near them. They suggested having the market on Sunday since there was a lot of traffic on Friday evenings. Mr. Ambrose stated that Regional Street carries a lot of traffic on Friday evenings. People are using Regional Street to get to Amador Valley Boulevard to avoid San Ramon Road. If Regional Street was closed, it would force traffic to increase on San Ramon Road. Mr. Reuel felt Site #7 at the Shamrock Center would bring the Farmers' Market to the business district. CiTY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING April 21, PAGE 198 Cm. Barnes liked Site #7 for the businesses. Mayor Houston wanted Staff to look at Sites # 1 and #7. Mr. Hagen indicated that he lived on Donjon Way where his wife runs a kennel. On Friday nights everyone is rushing to leave town. Having the Farmers' Market on Donjon Way (Site # 1) would impact his business in a negative way. Staff was directed to look at more possible sites for the Farmers' Market particularly Site # 1 and #7. 15TH ANNUAL ST. PATRICK'S DAY CELEBRATION EVALUATION 9:20 p.m. 8.1 (950-40) Parks & Community Services Director Lowart presented the Staff Report detailing a summary of the activities that had been conducted at the 15th Annual St. Patrick's Day Celebration which included the Green & White Gala, the Community Pancake Breakfast, the Parade, the Gaelic Football Exhibition, and the Festival. Cm. Barnes stated the reason the Women's Club 5 K Fun Run did not happen was because no promoter could be found. They were told that March was their off time. Mayor Houston wanted to see the City take a leadership role in the Run. He stated there are races in January, February, and March. He encouraged the City to make inquires. The time to do it was now. He runs and races are already listed for runs in November and December. He wanted the City to make an effort to talk to the promoters and work in tandem with the sponsors. He wanted it done within 60 days. Cm. Barnes indicated she had been chewed out by some non-profit groups. They felt the City had taken away their opportunity to raise money. Cm. Lockhart agreed that she had also been approached. The non-profit groups had not been able to do it like they had done it before and they were not happy. CITY COUNC[L MINUTES VOLUME 1 7 REGULAR MEETING Apri~ 2[, 1998 PAGE 199 Mayor Houston received a complaint from Dublin Elementary rrA about not being notified about being able to participate. Since they had not existed in years past, they were not on the list given the promoter. Cm. Lockhart felt this was the biggest and best parade ever. Everybody enjoyed it. There were wonderful directions on where NOT to park, but not where people COULD park. She recommended that next year off~site parking be organized and have signs around town on where people could park. The announcing area was a problem. CTV was on one street while the announcing took place at a different place. She recommended that the floats be announced with loud speakers at two different places rather than having a reviewing stand, She felt there were too many little kids on the street and encouraged getting them into cars. She had chased several vendors off the street and back on the sidewalk. This helped those sitting on the curb to be able to see the parade. She suggested Tri~Valley Convention and Visitors Bureau take advertisements of the St. Patrick's Day Celebration to other conventions and advertise for us. She wondered if valet parking would be possible to help senior citizens and others get to the booths. She gave it a B+. Parks & Community Services Director Lowart replied maybe the Youth Advisory Committee could be used as valets. Cm. Barnes stated it was nice to have Channel 30 show the parade. It was still Dublin's parade with Dublin peopl% our hometown happening. Cm. Lockhart indicated Jeff Chapman had done a good job of narrating the parade. Cm. Howard requested more bathrooms and trash receptacles. Cm. Burton liked the kids walking in the parade. He felt it was the essence of a hometown parade. There was some delay, but only when some were doing their acts. Cm. Lockhart suggested using a marshal to keep the parade moving. Mayor Houston feR groups could perform their acts going forward. The firemen in front of the Council delayed the parade a half hour. If the goal was to get better, then they had to tighten up. Keep going forward. He did not feel having the kids walk for 2 1/2 hours was the essence of the parade. He suggested a competition decorating cars and trucks that the kids could ride in. The City could CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING April 21, 1978 PAGE 2OO put in $25 to $50. He had asked the kids when he was Principal for a Day if they preferred to walk or ride. The kids wanted to ride. Cm. Lockhart stated even the dogs were tired. Mayor Houston wanted a more visual impact. Cm. Barnes indicated the three women rode in a car while the men walked. Mayor Houston wanted to make the parade tighter and more fun. Car dealerships might be able to donate vehicles for a short period of time. also a safety issue. This was Cm. Barnes agreed a large pick-up truck would hold a team. Cm. Burton did not agree. It would not be a small town parade if everyone rode. He urged using a monitor to keep people moving to eliminate the gaps. Mayor Houston felt the grandstand was a failure. No one was sure where it was suppose to be. He recommended it be put at the beginning of the parade on Dublin Boulevard. Groups could perform there in front of the TV camera. He would like to have more music. The bag pipes were really special. He wanted to make sure stipends were available for the bands. He wanted Staff to find out how to put green streets in Dublin for the parade. Ms. Lowart indicated a Staff member had attended a Cai Fest Conference where several sessions were on parades. He came back with lots of good ideas. Cm. Howard liked the Gael Football. Cm. Locldaart wanted instructions on what was going on. Cm. Barnes felt the Festival set-up was wonderful. There could be more tables and chairs. She liked the fact that all beverages were in one area. It made a safe holiday for everybody. Cm. Lockhart thanked Kelly from GoodTimes Promotions for all the preparation and effort. Mr. Ambrose asked the Council if they wanted to keep the beverages self~ contained or allow people beyond where they were sold? CITY COUNCIL lVIINUTES VOLUME 1 7 REG U LAR F4EETING April 21, 1~?98 PAGE 201 Cm. Barnes did not want it all over. She preferred it contained. Police Chief Thuman indicated there were no problems. Mayor Houston felt this event worked well. But he did not like the fact that people had to chug their drinks before they could move on to other areas. They did not have any problems with underage people trying to drink. He felt the area was big enough. He would like to see more umbrellas, chairs, and tables. Cm. Howard urged getting better beer like Guiness and other Irish beers. Cm. Barnes agreed there were not enough bathrooms. Cm. Lockhart and Cm. Barnes were appointed to the St. Patrick's Day Liaison Committee. OTHER BUSINESS 9:55 p.m. Upcoming Meetings (610~05) Mr. Ambrose advised of several upcoming meetings. The Library Task Force will meet on April 28th. The City Park Task Force will meet on April $0th. This will be their last meeting and a report will be sent to the City Council. BART Proposal (1060~$0) The City has not yet been formally contacted about the BART proposal. The City Manager will keep the Council apprised. BP Station (550-20) Cm. Lockhart asked about the BP Station on Amador Valley Boulevard. What was going on with the cars and weeds? CITY COUNCIL MINUTES VOLUi'4E 1 7 REG U LAR F4EETJNG April 21, 1978 PAGE 202 Mr. Ambrose replied Staff was looking at the situation. for underground tanks. There are new regulations Illegal Political Signs (400- 3,0) Cm. Lockhart asked John Place to please remove his illegal political signs. They looked terrible. Firefighter/Prisoners at Camp Parks (540-70) Cm. Lockhart asked about the report of having a conservation camp at Camp Parks for prisoners working on firefighting crews. Mr. Ambrose replied that Fire Chief McCammon had presented a conceptual idea to the Board of Supervisors about how it would be beneficial to have such a camp in the East Bay. He never mentioned Camp Parks. He would have Chief McCammon come to a Council meeting to answer any questions, if the Council so desired. Cm. Burton had been at a meeting earlier today at Camp Parks and Col. Black had said no way. City of Dublin/DSRSD Liaison Meeting (610-05) Cm. Lockhart requested the need to set~up a City of Dublin/DSRSD Liaison meeting. Council Call~In Show (610-05) Cm. Lockhart wanted to thank everyone who called in to the CTV $0 Council Call-In Program. There were some great comments. It gave the Council time to address different issues. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING April 21, 1998 PAGE 203 Bowling Tournament (9 50-40) Cm. Lockhart announced a big bowling tournament coming to Dublin for 17 weeks. Mayor Houston stated it was the California State Men's Bowling Tournament and Al White had been active in getting the tournament to Dublin. Two years ago the Women's Tournament had been held here. Election Signs (400-30) Cm. Barnes indicated that the first weekend in May all political signs would be going up. She cautioned candidates to watch the placement of their signs. Recycling (810-60) Cm. Barnes requested that recycling be added to the DUSD Liaison agenda. She has also asked the Dublin Post Office to put recycling bins in the lobby to collect the junk mail. Procedure to Name Streets (820-60) Cm. Burton asked the procedure for naming streets in Dublin. Mr. Ambrose replied the developer asks for certain names which have to be checked out by various agencies to ensure the name is not duplicated. CLOSED SESSION At 10:03 p.m., the Council recessed to a closed session. CITY COLINCIL MINUTES VOLUME 1 7 REGULAR MEETING Apri~ 21, 1998 PAGE 204 10.1 (640-30) Consult with Legal Counsel ~ Pending Litigation ~ pursuant to Government Code Section 54956.9(a) ~ Silvergate Highlands Owners Association vs. City of Dublin ~ Alameda County Superior Court No. V~013836~3. 10.2 (700-20) Personnel ~ Government Code Section 54957.6(a) - Conference with Agency Labor Negotiator Richard C. Ambrose ~ Unrepresented City Employees: Office Assistant I & II, Finance Technician I & II, Preschool Instructor, Secretary, Recreation Coordinator, Administrative Secretary, Administrative Aide, Assistant Planner, Community Safety Assistant, Computer Systems Specialist, Engineering Technician, Management Assistant, Administrative Assistant, Recreation Supervisor, Heritage Center Director, Public Works Inspector, Associate Planner, City Clerk, Senior Planner, Assistant to the City Manager, Assistant Civil Engineer, Finance Manager, Senior Civil Engineer, Economic Development Manager, Planning Director, Parks & Community Services Director, Assistant City Manager/Administrative Services Director, Community Development Director, Public Works Director/City Engineer 10.3 (600-30) Conference with Legal Counsel regarding status of Pending/Completed Litigation in accordance with Government Code Section 54956.9(a): a. Silvergate Highlands Owners Association vs. City of Dublin * Alameda County Superior Court No. V~013836- 3 b. Becket vs. Dublin-Alameda County Superior Court No.V~012743-1 c. Dublin vs. PG&E ~ Alameda County Superior Court No. V~011583-4 d. Gordon Ball, Inc. vs. Dublin ~ Alameda County Superior Court No. V~013802~6 · 10.4 (600~40) Public Employee Performance Evaluation, Title: City Attorney, in accordance with Government Code Section 54957. REPORT ON CLOSED SESSION ACTION 11:15 p.m. Mayor Houston announced that no action was taken. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Apri~ 2~, 1998 PAGE 205 ADJOUY, NT 11.I There being no further business to come before the Council, the meeting was adjourned at I I: 15 p.m. Minutes prepared by Sandie Hart, Secretary. CiTY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING April 2~, 1 ~2<28 PAGE 206