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HomeMy WebLinkAbout05-05-1998 CC Adopted Minutes 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. ROLL CALL PRESENT: ABSENT: Councilmembers Barnes, Burton, Lockhart and Mayor Houston. Councilmember Howard. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. 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 meeti~$ I abstained from three items on the asenda. I became aware of issues with reg~ to my eli~bili& to vote late in the &y on Ap~131sg ~d ~til my confusion w~ cle~d up, the proper ~d tegM cour~ of action was to abstMn. I willgive a chronological record of the facts resarcb'n$ my interest in Pougherty Road Associates, A California Limited patgnership which formerly owned the properly at 6310 Houston Place. The properly is adjacent to the ABC Components property and 3GO feet from the Union Pacific Railroad properOz. My ownership interest in the Partnership was 1 °/6, with a current value of one thousand six hundred dollars. On November 18, 1997 the properly was sold. I have ~iven the ciOz attorney documents veril~'~$ the completed sale. At the time of closin& Dougherty road Associates carried back a Note, a '~seller carry back'5 of which my share was worth $1,600. This Note is scheduled to mature late in 1998. I have given the ci& attorney documentation to verify the note. It is the 1~ ownership in the note, CITY COUNCIL MINUTES VOLUME 1 7 REG U LAR MEETING l~ay 5, 1998 PAGE 207 asenda at thc last meetin$. On April 3or& i dn~osed'of my 1% ownersh(~ mterest m t_he notg ~alued at $!,600. i have given a'ocumentation to the City Attorney to rerify the vh'sposal of my ownership interest. Due to the i~ct that i have complete& ch~uo~ oF rny $4,600 interest in Dousherty Road ~as~a~ca~ the City AHorney h~ ad~d me that i am legally able to p~icVpate in an oz mc vote on Mi issues. My Statement of Economic interest Forms .... with thc b]ry or z2uz~nn on iwarcn zu~ calen~r ye~r 1997 dZ~lose the Doushe~ Road Associates mterest, i~ose ~iosures are accurate t~y ~d at the date that i filed them. AU ~cn~ent ~" 'zonn~ns. At thc last meetin~ When ~ austmnea, i ...... ...... wa~' rcqmrea uy rnc Fair Poh'ticm' ?ractices Commission fo ~v-~bse thc nature of ~y~fenfiM conflicts, i a~' that ~k~ full ~d have no intention of amen~ my cements. Furthermor¢~ i wish to state for the record regarding asenda item 6.3pertaining to ~C ~mpon~n~s i w~ in the council chmr~s and ~e~ed/li~n~ durin~ the d-~ions mM testimony on the ~C Components issue. I have fulh)~d my obligation and will pa~icipate in ....... ins. ~: 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 circumstances: Letter dated April 21, 1998 from General Counsel Associates LLP to Eddie Peabody, Community Development Director. CITY COUNCIL MINUTES VOLUblE 1 7 REGULAR blEETING May 5, 1998 PAGE 208 REPORT ON CLOSED SESSION ACTION At 7:34 p.m. the Council meeting reconvened with alt Councilmembers present (Cm. Howard absent). Mayor Houston announced that no reportable action was taken in the Closed Session. CONSENT CALENDAR 7:34 p.m. (Items 4.1 through 4.11) On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote (Cm. Howard absent), the Council took the following actions: Approved (4.1) Minutes of Regular 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 PROJECI 98-04, FIRE STATION ROOF REPAIR TO B.U.R. SERVICES ($6,475) Adopted (4.5 600- 30) RESOLUTION NO. 46 - §8 APPROVING AMENDMENI TO AGREEMENT FOR GEOTECHNICAL SERVICES WITH F_~RIH SYSTEMS CONSULIANIS and authorized the Mayor to execute the amendment; CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING May 5, PAGE 209 Adopted (4.6 410~40) RESOLUTION NO. 47 - 98 APPROVING PARCEL MAP 7259 Adopted (4.7 600~50) RESOLUTION NO. 48 - 98 AUT, ORiZmG mE MAYOR TO EXECUTE AGREEMENT FOR SUPPLEMENT NO. 008 (CYCLE 8) STATE-LOCAL PARTNERSHIP FUNDS ($B 300) Authorized (4.8 600~$0) Staff to advertise for bids for Contract 97-11, Dougherty Hills Slope Repair, Phase II; Adopted (4.9 $50-20) RESOLUTION NO. 49 - 98 PURC.ASE OF VOICE MAIL SOFTWARE/.ARDWARE NEC BCS (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. Mayor Houston announced that he was moving Item 7.1 forward on the agenda. ALL ABOARD MINI STORAGE GENERAL PLAN AMENDMENT 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. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING fday 5, 1998 PAGE 210 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 felt. 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 know 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 GPA. Mayor Houston commented on use of the term appropriate use and felt this is what the GPA study will determine. He questioned ff Mr. Aikins had read the agenda item or spoke to his clients before coming to the meeting on April £ 1. On the record, he made a statement accusing him of a crime for which many people have gone to jail. CITY COUNCIL I'4'INUTES VOLUME 1 7 REGULAR I',4EETING ~ay 5, 1998 PAGE 21 1 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 Councilmembers 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 terms and this was what concerned them. Following lengthy discussion, Mayor Houston stated he accepted Mr. Aikins apology. Cm. Burton asked Staff about removing the overlay and what is involved with this. What is the plan they are asking 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. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING May 5, 1998 PAGE 212 Mr. Peabody stated to basically do the GPA 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 GPA 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 AIJIHORIZING INITIATION OF IHE ALL ABOARD MINI $10RAGE GENERAL PLAN AMENDMENI STUDY PUBLIC HEARING ~ PA 98~029 URBAN OPPORTUNITY AREA ~ GENERAL PLAN AMENDMENT 7:56 p.m. 6.1 (420~$0) 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. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING ~ay 5, 1998 PAGE 213; 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. PUBLIC HEARING - PA 98-028 A CREATIVE PLAYSCHOOL MODIFICATION TO CONDITIONAL 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 any one 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 permit 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 any one time to 10. In August 1996, modifications were requested to increase the' maximum enrollment from 20 to $0 children, permit the installati°n 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 any one 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, 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 any one time from 10 to :30 children. C~TY COUNCIL MINUTES VOLUME 1 7 REGULAR I'4EET[NG PAG£ 214 At the January 1908 public hearing, the City Council modified the CUP to allow an increase in the maximum enrollment 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 determined 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 any one 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 determine 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 $0 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. CiTY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING ~ay 5, 1 9~)8 PAGE 215 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. RECESS 8:11 p.m. Mayor Houston called for a short recess. The meeting reconvened at 8:15 p.m., with all Councilmembers (Cm. Howard absent) present. CONTINUED PUBLIC HEARING ~ REQUEST BY AMERICAN BUILDING COMPONENTS TO APPEAL THE APPLICATION AND INTERPRETATION OF THE BUILDING CODE FOR VIOLATIONS LOCATED T 6255 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/structures that are illegal and dangerous according to the Building Code. Following a public hearing at the April 21, 1998 City Council meeting, CiTY COUNCIL MINUTES VOLUME 1 7 REGULAR N'EETING May 5, PAGE 2 ! 6 Staff was directed to draft a Resolution upholding the Building Official's determination 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, and by unanimous vote (Cm. Howard absent), the Council adopted RE$OLUIiON NO. 51 - §8 MAKING FINDINGS AND DENYING AN APPEAL REGARDING VIOLATIONS OF THE BUILDING CODE ON PROPERTY LOCATED AT 6253 DOUGHERTY ROAD (AMERICAN BUILDING COMPONENTS) PUBLIC HEARING SUMMERGLEN DEVELOPMENT AGREEMENT PA 97~036 8:16 p.m. 6.4 (600-60) Mayor 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 $47 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 testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. CiTY COUNCIL F41NUTES VOLUME 1 7 REGULAR MEETING PAGE 217 On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (Cm. Howard absent), the Council waived the reading and adopted ORDINANCE NO. 6 - 98 APPROVING IHE DEVELOPMENT AGREEMENT FOR SUMMERGLEN PA 97-036 PUBLIC HEARING CASTERSON PROPERTY 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. 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 Plan/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 determined as far as maintenance. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING l~la¥ 5, 1998 PAGE 218 Tom 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 corner. 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 RESOLUIiON NO. 52 -98 ADOPIING A NEGATIVE DECLARAIION FOR PA 97-040 CASIERSON PROPERTY DEVELOPMENT GENERAL PLAN/SPECIFIC PLAN AMENDMENT, PD REZONING, VESTING TENIAIIVE MAP AND SITE DEVELOPMENT REVIEW and RESOLUTION NO. 53 -98 ADOPTING A SPECIFIC PLAN/GENERAL PLAN AMENDMENI FOR PA 97-040 CASTERSON PROPERTY DEVELOPMENI and RESOLUIION NO. 54 - 98 APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENI {PD) REZONE/DEVELOPMENI PLAN CONCERNING PA 97-040 CASlERSON DEVELOPMENT (TRACT 6979) and waived the reading and INTRODUCED an Ordinance amending the Zoning Map to rezone property located at 5020 Tassajara Road (APN 08t3-0002-003) to a Planned Development Zoning District and adopting a Development Plan for the Casterson Property Residential Development Project (PA ~)7~040). CiTY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING May 5, ! 998 PAGE 219 DUBLIN SWIM CENTER tvLASTER PLAN STUDY 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 availabIe 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 FY 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 picnic area. CITY COUNCIL bllNUTES VOLUblE 1 7 REGULAR blEETING l~ay 5, 1998 PAGE 220 Cm. 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 ff 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. Tom 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 construction documents for the Dublin Swim Center Deck Replacement only. SELECTION OF FARMERS' MARKET OPERATOR AND LOCATION OF EVENT 8:51 p.m. 7.3 (470~50) Economic Development Manager Reuel 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 CiTY COUNCIL MINUTES VOLU~tE 1 7 REGULAR MEETING May 5, PAGE 221 Farmers' market Association (CFMA), Urban village Farmers' Market (UVFM), and Matin County Farmers' Market (MCFM). All four are very experienced and Urban Village Farmers' Market (UVFM) was selected. They have always considered the Donlon Way site as the best location in Dublin to hold a farmers' 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. This 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 than 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 permission to use their lot, but not on a Friday, Saturday or Sunday. Albertson's came 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 UVFM 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 ff this would affect our contract with the farmers' 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. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR I'4EETING May 5, t 9?8 PAGE 222 Mr. Reuel stated part of their contract would be to clean up the area so this was factored in. Cm. 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. Cm. 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 hke 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 CITY COUNCIL MINUTES VOLU~'IE 1 7 REGULAR MEETING May 5, 199'8 PAGE backwards and he has worked his buns off. Hopefully Ron will have money to spend on advertisers and to get the farmers. 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 charming 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, ?leasanton Livermore, Hayward and Timbuk~ 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 tight'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 insurmountable on how this is going to work. A certified farmer 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 farmers' CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING PAGE 224 market and she'ii be there on Fridays. They appreciate the concern Greg showed for their business. Mayor Houston asked about xvhen the first day would be. It was reported that June 5th wiii'be the opening date. Cm. Barnes stated evewone she speaks w-ith asks, %k2-1EN?". Tiffs is something the people of Dublin want. She looks forward, to June when we can shop in Dublin. w-oulcl Cm. Locld-tart stated speaking for the Business ~a~ Force, her first choice have been Shamrock Village. She would like to see us work harder to make this -work even orr a Satin-day. She was concerned about Friday- evenings and the impact 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. Bm'ton, and by- majority vote (Cm. Howard absent), the Comuci! author/zed the Ciw g~nager to enter into an ~greement with Urban Village Farmers' ~rket to operate a certifi~ fm'mers' market m Dtfo!in; directed Staff to condition the City's temporaw u~ ~rmit to U~TM for a~e operation of a certified farmers' market -with the ~ys of operation wee~y fi'o~n the iirs[ week of june to Oct~oer, 1998; approved the Budge.:. Cha~e Form; and approved [he D~oim Sq~re Shopping Cenier location. voted in opposition to the motion. TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE JOINT 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 jurisdictions: 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 CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING May 5, 1998 PAGE ?.25 ,xcrc~c of Pow-ers Agreement OF, PA) - :" '-" wm provide a common uas~s for the lev-y and use of a Transportation Fee for regional improvements. Ms. Silver explained that the JEPA provides that the Fee will remain in effect until the Transportation hnprovement Projects are constructed. This commitment is more in the nature of a political rather than a legal commitment inasmuch as the current Council cannot contract away- the police power of a future Council -which may wish to modify or repeal the Fee. Cm. Burton commented on reimbursements, 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. May-or Houston stated they had already approved the plan for the road system and have been wrangling ever since over the fee. The City of Dublin is protected and the City of Pleasanton is protected and everything in the jEPA 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. Cm. 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 proj,~cts ~s 5 times more than we are collecting. This will prime the pump to ge[ prepared so ttttt[ -we can go [o the state and the feds. Weqi look at this to get everybody in a competitive way for funds at other levels. On motion of Cm. Burton, .seconded Dy Cm. Lockhart, and Dy unanimous vote (Cm. Howard absent), the Council adopted RESOLUTION NO. 55 - 98 APPROVING "JOINT EXERCISE OF POWERS AGREEMENT PERTAINING TO THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES FOR TRAFFIC MITIGATION" CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING l~ay 5, 1998 PAGE 226 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, OTHER BUSINESS 9:', ~ p.m. Library_ Task Force (610-05) Mr. Ambrose provided an update on the Library Task Force meeting. The meeting will be held on May 20 at 7:00 p.m. Cm. Barnes stated she won't be here then. She'll be back in town on May 2 i, 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. Property. Maintenance (530-20) Cm. Lockhart stated she had been getting comments flaat at the Heritage Center and Cemetery, the weeds are really high. She responded that with the weather and recent rams, we have not been able to clear it yet. Business Task Force (610-05) Cm. Lockhart reminded everyone of the Business Task Force meeting on May i 3. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR IqEETING lqay 5, 1998 PAGE 227 Rowell Ranch Rodeo (610-85) Cm. Lockhart asked how many Counciimembers will be riding horses at the Rowell Ranch Rodeo. Mayor Houston stated he has Little League obligations that day, but will go to the barbecue later on. Political Signs (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. 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. Schools in Eastern Dublin (515-20) Brian Schmidt, 4736 Fawn Way stated he wanted to comment about something he read in the newspaper. They moved 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 CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING lqay 5, 1998 PAGE 228 will open in the fail 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 buiR. 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 coming 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.. 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:59 p.m. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING May 5, 1 ??8 PAGE 229