The Mercury News

Discussion on car wash devolves as mayor cuts off council members

Councilwom­an Dominguez says that Mayor Tran’s behavior amounted to ‘harassment’

- By Joseph Geha jgeha@bayareanew­sgroup.com

A simple proposal for a car wash renovation heard at the Milpitas City Council meeting this week devolved into another verbal fight between the city’s elected officials after Mayor Rich Tran loudly reprimande­d Councilman Anthony Phan and cut off Councilwom­an Karina Dominguez.

At one point, Dominguez left the virtual meeting, saying Tran’s behavior amounted to “harassment” and left her feeling “unsafe,” chastising him for breaking meeting conduct standards.

The renovation of a car wash at 554 S. Main St. was approved in a split vote, but the typical ebb and flow of similar developmen­t discussion­s at public meetings was overshadow­ed Tuesday night by the council’s infighting.

Ramesh and Promilia Sood own the property and the current manual, coin-operated car wash business, with a distinctiv­e look defined by its four consecutiv­e Aframe car bays, a business recognizab­le to many residents because it’s been operating on Main Street since 1967, city staff reports said.

The Soods proposed a major revamp of the site, with plans calling for the demolition of the current structures and replacing it with a fully automatic, 3,189-squarefoot car wash with an additional 2,301-squarefoot canopy area for vacuums and other self-service car interior cleaning.

The project was rejected by the Planning Commission in March by a 4-2 vote, following city staff recommenda­tions to deny it. The Soods and their team appealed the project to the City Council.

City staffers told the council the new car wash doesn’t fit in with the city’s midtown specific plan, a guide for transition­ing the area “into an attractive and economical­ly vital district that accommodat­es a mixture of housing, shopping, employment, entertainm­ent, and cultural and recreation­al activities,” city reports said.

Under the specific plan, Main Street is envisioned as a much more “pedestrian-oriented” street, and staff reports said even though the new car wash would replace an “outmoded” facility, it shouldn’t be approved because it “greatly expands and modifies the existing, automobile-oriented use … which is contrary to the vision of the area.”

Despite the staff recommen

dation, Mayor Tran, Vice Mayor Carmen Montano and Councilwom­an Evelyn Chua voted to grant the appeal, and approve the car wash, because they think the revamped business will spur more economic benefit in the area by bringing in more customers who then might patronize other businesses nearby.

Dominguez and Phan dissented.

Phan indicated the project wouldn’t bring in much tax revenue, if any, and said expanding a car wash would go against the pedestrian­friendly, long-term goals the city has for the area. Dominguez didn’t state why she dissented. The council will have to finalize the approval at a future meeting.

“This project is really important. This is going to be a catalyst, in my opinion, to make Main Street what it should be, businesses and mixed use,” Montano said during the meeting.

Tran, in expressing his support for the project, said Main Street is “an all-American street, with 100% diversity, and I don’t think it gets more American than a car wash.”

Phan questioned the project consultant, Dean Hanson, about any sales tax that might come from the business, and Hanson acknowledg­ed that the car wash wouldn’t generate “a large amount of taxable revenue,” as it likely would pay sales tax only on car cleaning items and snacks purchased from vending machines at the site.

“The goal of that area is literally to support pedestrian­s and to discourage the use of cars. How do you justify that?” Phan asked Hanson, who quickly responded suggesting other uses nearby aren’t exactly pedestrian-friendly, either, like a vet next door.

Phan said, “People walk their dogs.”

Shortly after, Tran interjecte­d, raising his voice, talking over Phan and saying, “Point of order. Point of order. If you’re going to ask about the project, ask about it, OK? You don’t have to speculate on vending machines and the purpose of … it’s a car wash. I need you to focus. You need to focus. Everybody is watching right now.”

“I understand, and you are yelling,” Phan said. “Well, ask some real questions,” Tran snapped back.

Dominguez tried to call for a break in the meeting, but Tran dismissed the suggestion.

Domingiuez said, “This is not acceptable. This is not OK,” as Tran continued to talk over her and said “point of order.”

“This is making me feel uncomforta­ble,” Dominguez said.

Later in the meeting, after the vote on the car wash, Dominguez told Tran she’d be logging off the meeting because of his behavior.

“I really don’t appreciate your tone of voice that you gave to Anthony (Phan) earlier. I’m literally feeling unsafe with you and your tone and you being so disrespect­ful,” she said.

“I hope that at the next meeting, you realize that your temper and the way that you yelled at him is inappropri­ate, and it clearly violates some of the code of conduct that we have all approved,” she said.

“I’m literally shaking and it’s not OK for you to treat people the way that you treat them. It’s harassment, and I’ve already asked staff to look into and talk to you. I’m not sure if that has happened or not. But this needs to stop,” Dominguez continued. Tran interjecte­d once more, talking over Dominguez, saying, “Point of order, point of order. Brown Act, Brown Act. Point of order. This is not agendized,” seemingly suggesting that the discussion at that point in the meeting could have violated the Brown Act, which regulates public meetings.

Right as Dominguez logged off from the meeting, Tran proceeded to the next agenda item about the city’s fee schedules.

“Moving on here,” Tran said.

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