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HomeMy WebLinkAbout4.01 Draft CC 6-1-04 MinCLOSED. SESSION A closed session was held at 6:30 p.m., regarding: 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Attorney 2. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - Government Code Section 54956.9, subdivision (a) Name of Case: Dubray et al. v. City of Dublin et al., Alameda County Superior Court No. 2002057128 $. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - Government Code Section 54956.9, subdivision (a) Name of Case: Jane Kruse v. City of Dublin; Dublin Unified School District v. City of Dublin, Alameda County Superior Court No. HG05093760 4. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - Government Code Section 54956.9, subdivision (a) Name of Case: Bischoff v. City of Dublin, Alameda County Superior Court No. VGO $129151 5. PERSONNEL - Government Code Section 54957.6(a) ~ Conference with Agency Labor Negotiator Richard Ambrose, City Manager - Unrepresented City Employees: Assistant City Manager City Engineer Administrative Analyst II Administrative Aide Assistant Civil Engineer Administrative Analyst I Associate Civil Engineer Administrative Technician Associate Planner Assistant Planner Recreation Supervisor Community Safety Assistant Senior Administrative Analyst Engineering Technician I Senior Civil Engineer Engineering Technician II Senior Planner Finance Technician I Administrative Services Director Finance Technician II Assistant to the City Manager Heritage Center Director Building Official Information Systems Technician City Clerk Office Assistant I Community Development Director Office Assistant II Economic Development Director Preschool Instructor Finance Manager Public Works Inspector Information Systems Manager Recreation Coordinator Parks & Community Services Director Recreation Technician Parks & Facilities Development Manager Secretary Planning Manager Secretary to the City Manager/Deputy City Clerk Public Works Director/Assistant City Engineer Senior Finance Technician CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 266 Housing Specialist Senior Office Assistant Parks & Community Services Manager Senior Building Inspector Parks & Facilities Development Coordinator Heritage & Cultural Arts Supervisor Geographic Information System Coordinator Code Enforcement Officer A regular meeting of the Dublin City Council was held on Tuesday, June I, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:07 p.m., by Mayor Lockhart. , ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that Items 1 - 4 were discussed, with no action taken. Item 5 is continued to the end of the meeting. REPORT ON 2004 DUBLIN PRIDE WEEK ACTIVITIES AND RECOGNITION OF POSTER CONTEST WINNERS & DUBLIN PRIDE PARTNERS 7:07 p.m. S.1 (150~80) Administrative Analyst Jason Behrmann presented the Staff Report. Martha Pittore stated this was one of her last duties as President of the Dublin/San Ramon Women's Club. She discussed the poster contest. The grand prize winner of the Dublin Pride Poster Contest was Nghia Plmn, an 8t~ grader at Wells Middle School. First Prize Winners were: Hannah Graykowski, Kindergarten, Nielsen Elementary; Abigail Maguire, Sra Grade, St. Raymond School; CITY COUNCIL MINUTES VOLUNIE 23 REGULAR MEETING June 1, 2004 PAGE 267 'Avery Olearczyk, 5t~ Grade, Quarry Lane School; and Freddy Miller, 7th Grade, Wells Middle School. Second Prize Winners were: Parviz Nouripour, 1st Grade, Dougherty Elementary; Hannah Burgardt, 3ra Grade, Nielsen Elementary; Eric LaU, 5th Grade, Dougherty Elementary; and Jennifer Nguyen, 8th Grade, Wells Middle School. Dublin Pride PrOjects included: Community Blood Drive; Canned Food Drive; Volunteer Day; Community Rose Garden; and Alamo Creek Nature Walks. Dublin Pride Key Partners included: Waste Management; Dublin Chamber of Commerce; Tri~Valley Herald; Dublin San Ramon Services District; Zone 7 Water Agency; Dublin Lions Club; Dublin/San Ramon Women's Club; Citilinks; and individuals Glen Walder; Patti Cole and Richard Hair. The Council formally recognized the poster contest winners and Dublin Pride partners. Mayor Lockhart thanked Cm. Sbranti and Cm. McCormick for their hard work to make sure that Dublin Pride Week had all the variety of activities that everyone enjoyed. PRESENTATION RELATED TO AFFORDABLE HOUSING WEEK 7:27 p.m. 3.2 (430-80) Community Development Director Eddie Peabody presented the Staff Report. Jennifer Mosel and Maurine Behrend, Representatives from the East Bay Community Foundation and the Interfaith Poverty Forum presented a slide show called "Housing Choices Equals Healthy Communities" developed through the Tri-Valley Business Council's Vision 2010. Ms. Behrend thanked the City of Dublin for all the work they've done in the past few years in the area of housing choices and affordable units. PROCLAMATION 7:42 p.m. 3.3 (610-50) Mayor Lockhart read a proclamation declaring the week of June 5 - 13, 2004 as "Affordable Housing Week" and called upon all residents of the City to learn about and honor the contributions of affordable housing by participating in activities held throughout the week to commemorate this observance. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 268 Mark Schlitt, President of the Tri-Valley Interfaith Poverty Forum accepted the proclamation and stated as a resident of Dublin, he is very proud of the leadership this City Council has shown. PROCLAMATION 7:44 p.m. 5.4 (610~50) Catherine Chevalier representing Dublin Band Boosters thanked the City Council for recognizing their young ladies tonight; 15 amazing young women who have worked very hard. They know the true meaning of teamwork. They are true leaders and the picture of success for young women. Mayor Lockhart read a proclamation commending the Dublin High School Winterguard for their fine efforts in the Winterguard International World Championships competition in San Diego, CA where they placed fourth out of over 140 schools. APPOINTMENT OF TENANT COMMISSIONERS TO THE DUBLIN HOUSING AUTHORITY 7:51 p.m. $.5 (110-30) The Dublin Housing Authority (DHA) was created by the City to oversee the operation of the Arroyo Vista housing project. In accordance with State Law, the DHA Board is comprised of the City Council and 2 tenant commissioners, one of whom must be over the age of 62. Mayor Lockhart stated because the current Commissioners have served only one g-year term, she recommended the reappointment of Shawn Costello and Ramona Frydendal to g-year terms expiring in May 2006. On motion of Vm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 84- 04 APPOINTING TENANT COMMISSIONERS TO THE DUBLIN HOUSING AUTHORITY TO TERMS EXPIRING MAy 31, 2006 (Shawn Costeilo & Ramona Frydendal) ' ' cITY ....... ' coUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 269 7:52 p.m. Shawn Costello stated he had a great idea that the Dolan Lumber site would be a perfect spot for'wheelchair housin$ near the BART Station. Also, the traffic light at Villase Parkway and Amador Valley Boulevard was just finished and he dislikes it very much. The buttons are awkward and they ousht to be moved and he stated he will tell us how to do it. 7:55 p.m. Ralph Hoffmann from Danville s~ated he had to sneak across the countyline to address the Dublin Council. We are fortunate to have someone like Maurine Behrend speak about affordable housin$. These thinss could not be said about the Town of Danville or the City of San gamon, but he senses a definite difference of attitudes here than in his own home town. He stated he hopes the views and recognition of problems of affordable housin$ is spread to the areas in Contra Costa County that so desperately need mixed use housin$. CONSENT CALENDAR 7:57 p.m. Items 4.1 throush 4.8 Vm. Zika stated he had a question related to Item 4.6 animal shelter. How much is recovered via fines? Administrative Analyst Axny Cunninsham stated there is a small amount recovered throush dog licenses. Impound costs are charsed to dos owners, as well as adoption fees. City Manaser Richard Ambrose advised that licenses averase about $4,000 to $5,000 per year. The shelter fees are. net. The revenues offset the overall operational costs. Vm. Zika commented if we increase the fee for licenses, we may defeat ourselves. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 270 Approved (4.1) Minutes of Regular Meeting of May 18, 2004; Adopted (4.2 600~$0) RESOLUTION NO. 85- 04 APPROVING THE SELECTION OF MUNIFINANCIAL, INC. TO UPDATE THE EASTERN DUBLIN FISCAL ANALYSIS Adopted (4.3 600-60) RESOLUTION NO. 86- 04 APPROVING THE IMPROVEMENT AGREEMENT WITH THE LIN FAMILY AND WITH THE SIERRA LAND DEVELOPMENT CORPORATION FOR CONSTRUCTION OF GRAFTON STREET FROM CENTRAL PARKWAY TO GLEASON DRIVE - DUBLIN RANCH AREA F Adopted (4.4 600~60) RESOLUTION NO. 87- 04 ACCEPTANCE OF IMPROVEMENTS FOR TRACT 6925 (DUBLIN RANCH PHASE I) AND TASSAJARA ROAD BETWEEN DUBLIN BOULEVARD AND,NORTH DUBLIN RANCH DRIVE (TRACT 6960 OFF-SITE) AND APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.5 600~$0) RESOLUTION NO. 88- 04 APPROVING AMENDMENT NO. 2 TO AGREEMENT WITH S&C ENGINEERS, INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE 1-580/TASSAJARA ROAD INTERCHANGE IMPROVEMENT PROJECT CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 271 Adopted (4.6 600-40) RESOLUTION NO. 89- 04 APPROVING THE EXTENSION OF THE EXISTING MEMORANDUM OF. UNDERSTANDING FOR ANIMAL SHELTER SERVICES Adopted (4.7 600~50) RESOLUTION NO. 90 -04 APPROVING AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE IMPROVEMENT OF 1-580/TASSAJARA ROAD AND 1-580/FALLON ROAD INTERCHANGES Approved (4.8 $00~40) the Warrant Re~ster in the amount of $2,887,726.$6. PUBLIC HEARING BANCOR SAN RAMON VILLAGE PLAZA PD REZONE WITH STAGE 1 AND 2 DEVELOPMENT PLAN PA 02~065 8:01 p.m. 6.1 (4S0~$0) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report. This is the second reading of an Ordinance which would approve a Planned Development Rezoning and Stage 2 Development Plan for a pedestrian-oriented, mixed- use project including 56 townhouse~style residential units and the remodel of a 14,377 square feet existing commercial building. The project site consists of a 4.62 acre irregular propert~j on San Ramon Road that consists of three parcels and is currently developed with a neighborhood shopping center known as San Ramon Village Plaza. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 272 Mayor Lockhart stated people in our community are excited about this project. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 19- 04 AMENDING THE ZONING MAP TO REZONE PROPERTY AND APPROVING A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE SAN RAMON VILLAGE PROJECT PA 02-063 (BANCOR) PUBLIC HEARING ~ ORDINANCE REPEALING SECTION 6.64.020 OF THE DUBLIN MUNICIPAL CODE REGARDING WEIGHT LIMITS FOR COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS 8:02 p.m. 6.2 (570-20) Mayor Ix>ckhart opened the public hearing. Senior Civil Engineer Ray Kuzbari presented the Staff Report. This item repeals Section 6.64.020, Commercial Vehicles in Residential Districts, of the Dublin Municipal Code to provide for consistency with the recently adopted Ordinance No. 10-03 prohibiting operation of any commercial vehicle having a gross weight, including load, in excess of 5 tons on any street within any residential district in the City. Shawn Costello asked what we consider a 5 ton vehicle because he sees a lot of big trucks on Dougherty Road. Mr. Kuzbari stated the Ordinance has a definition of commercial vehicle, which was read. "Commercial Vehicle shall mean any vehicle having more than two axles, or any single commercial vehicle or combina~'on of said vehicles, which exceed twenty (30) feet in length, any single commercial vehicle or combinaEon of said vehicles eighU~four (84) inches or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more. A Commercial Vehicle includes a truck tractor, but does not include an CITY COUNCIL MINUTES ' VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 273 oversized motor vehicle or non-motozfzed vehicle as defined herein or a pida~p truck without a c~b over camper or sports utility vehicle. ~ Mr. Costello ask if there should be a limit on big rigs because he doesn't want to see anyone walking or in a wheelchair get run over by a big rig. Mayor Locldaart stated Dougherty Road serves as more than a neighborhood street. We actually encourage larger traffic on these types of streets to keep them out of neighborhoods. City Attorney Elizabeth Silver stated residential district is also defined in Ordinance No. 10-0~. Dougherty Road is mostly non-residential. Mayor Lockhart advised that City Staff could provide him a copy of the definitions. Brian Klees, Shady Creek Road stated his understanding is that in residential we are going from $ ton to 5 ton. He requested that the issue of additional street maintenance be addressed. Assistant City Manager Joni Pattillo clarified that the Ordinance that triggered this was off-street parking. We took into consideration average sized SLrVs and their weight. The original task force with citizen input made recommendations which led to the adoption of the off~street parking Ordinance. Mr. Klees stated he felt there may be some mix up with commercial versus other vehicles. Mr. Kuzbari stated there are many sections to the Ordinance. Mayor Lockhart advised that when we set up the task force, the first issue was motor homes. They studied the issues and came back with recommendations. We made the majority of the changes but this section was missed. We are correcting this for consistency. Five tons seemed to be a more reasonable number for what is on the road already. Mr. Klees thanked everyone for the clarification. Mr. Kuzbari stated there is a 2 hour limit for parking and the weight limit is 5 tons. Mayor Lockhart closed the public hearing. ' CITY COUNCIL MINIY~ES VOLUME 25 REGULAR MEETING June 1, 2004 PAGE 2?4 On motion of Vm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance repealing Section 6.64.020 of the Dublin Municipal Code. EMERALD GLEN PARK PHASE II - CONTRACT 0:5-05 CHANGE ORDER 8:16 p.m. 7.1 (600~55) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report. At the June $, 2005 City Council meetin$, the Council awarded the contract for Emerald Glen Park, Phase II to Valley Crest Landscape Development. At the meetin$, the Council discussed the need for a temporary restroom facility to serve the south side of the park. Since construction of Phase II improvements are nearly complete and there are sufficient funds available within the construction budset, Staff is seekin$ Council approval for the installation of a restroom as part of this contract. If approved, it is anticipated to be completed by mid-July. Cm. McCormick asked if it uses recycled water. Ms. Alex stated it would be potable water. Vm. Zika consratulated Staff for brin$in$ in a project so cost effectively and providin$ this solution. On motion of cm._ Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council approved Chanse Order #25 to Contract 05-05 with ValleyCrest Landscape Development in the amount of $74,675.55. AWARD OF BID - CONTRACT 04-01 TRAFFIC SIGNAL .AT DUBLIN BOULEVARD AND INSPIRATION DRIVE 8:19 p.m. 7.2 (600-35) Public Works Director Melissa Morton presented the Staff Report. This project will construct a traffic signal at the intersection of Dublin Boulevard and Inspiration Drive. A total of 6 bids were received. The low bidder is Richard A. Heaps Electrical Contractor, Inc. with a bid of $183,844.50. The project is scheduled'to begin CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 275 after the Valley Christian Center schools let out in June and the signal should be installed prior to the start of the new school year at the end of August. Cm. Sbranti asked how many cars would move through coming down the hill for every green light cycle. Ms. Morton stated she did not know, but she can check on this. Mayor Lockttart stated we can set the cycle however we want. Ms. Morton agreed and stated it can be customized to maximize the traffic flow. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 91 - 04 AWARDING CONTRACT 04-01 TRAFFIC SIGNAL AT DUBLIN BOULEVARD AND INSPIRATION DRIVE TO RICHARD A. HEAPS ELECTRICAL CONTRACTORS, INC. ($t83,844.50) CONTINUATION OF EMERGENCY ACTION AND PROGRESS REPORT ON REMEDIATION WORK AT DUBLIN CMC CEb~FER 8:22 p.m. 7.5 (600-50) Public Works Director Melissa Morton presented the Staff Report. The Civic Center incurred water damage from rain in early March. At the March 16th meeting, the City Council approved a declaration of emergency in order to allow a waiver of competitive bid to obtain a contractor for environmental remediation work related to the water intrusion. This item would approve a continuation of the declaration of emergency while the remediation work continues and provide an update on the progress of the project to date. Cm. Sbranti asked how we are looking in terms of budget. Ms. Morton stated it appears we will be very close to budget. The remediation is complete. We are finding that on the window systems, we have lost a lot of seals. We are examining our maintenance practices to make sure we catch these things before they CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 276 On motion of Cm. McCormick, seconded by Vm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 92- 04 APPROVING CONTINUATION OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR ENVIRONMENTAL REMEDIATION IN DUBLIN CIVIC CENTER CONSULTANT SERVICES FOR A STRATEGIC COMMUNITY VISIONING PROCESS FOR FUTURE PRIVATE DEVEI.OPMENT AT CAMP PARKS 8:25 p.m. 8.1 (600-30) Associate Planner Kristi Bascom presented the Staff Report. Funds have been appropriated to support completion of the Camp Parks General Plan Amendment, which was identified as a high priority in the City Council's Goals & Objectives for Fiscal Year 2004-05. Over the past several months, Staff has been working with the Project Applicant~ the U. S. Army and their authorized representaHve, the Staubach Company, to determine the most efficient and effective manner in which to proceed with developing a land use plan for the 182~acre site. The cost of consultant services for this project is $125,000 and costs will be borne by the Project Applicant. City Staff has interviewed and is recommending a contract award to RTKL Associates, Inc., for work on a Community Strategic Visioning process to determine future land uses for private development at Camp Parks. Staff requested that the City Council provide direction to Staff on the preferred method of involving the community in the proposed charrette planning process by selecting one of the following alternatives: a) Create a Camp Parks Master Planning Task Force b) Invite Key Stakeholders c) Invite City Council and Commissions d) Another method as determined by the City Council. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 277 Mayor Lockhart asked if there is a magic number related to the size of group that would work well? Ms. Bascom explained that the Consultant will tailor it to whatever we decide. It depends on how far and wide you wish to cast the net. Vm. Zika asked how many were on the Emerald Glen Park and Fallon Sports Park task forces? Parks & Community Services Director Diane Ix>wart advised that originally for the Emerald Glen Park, :50 were appointed but then it got down to a core group of about 24. For the Fallon Sports Park, there are about 21 appointed. Cm. Sbranti stated if you get too large a group, it is difficult to come to a conclusion. Vm. Zika commented the beginning is just a brainstorming session and there are no bad ideas. Cm. Oravetz stated he doesn't want to do what Livermore did with too many people. Cm. Sbranti stated even when we select the number, these will be public meetings, so anyone can attend. Mayor Lockhart suggested starting by inviting all elected members of community to come together to talk about this. The DSRSD Board, DUSD School Board, and the City Council are the three major elected bodies in our community. As representatives of the community, at least one member of each of the commissions, plus the senior advisory committee should be included. Staff members, as necessary, should be there. We need to understand how this impacts other areas in the community. The Chamber of Commerce should be represented. This will probably be up to about 50. Include the General Manager of DSRSD and Superintendent of DUSD. Cm. Sbranti suggested someone from the Youth Advisory Committee or the student representative on the Parks & Community Services Commission. Ms. Lowart stated the student representative will be appointed at the next City Council meeting. Mayor Lockhart stated we will also give an opportunity to every resident in the corem ..~unity to come to this. Public comment can be fed into the process. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 278 Cm. Sbranti pointed out that because this is the summertime, not every member will be able to fully participate at every meeting. He stated he was glad to see the timeframe of 3 to 4 months, and to the extent we can follow it, the outcome will be more successful. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 93 - 04 APPROVING A CONSULTING SERVICES AGREEMENT ($125,000) WITH RTKL ASSOCIATES, INC. FOR WORK ON A STRATEGIC COMMUNITY VISIONING PROCESS FOR FUTURE PRIVATE DEVELOPMENT AT CAMP PARKS And invite the key stakeholders as discussed to create a task force. Mr. Ambrose stated the Army is to be a key participant in the process also. Larry Bell with the Staubach Company stated from the Army's perspective, they will have 1 or 2 key participants. He will be at most if not all of the meetings, along with at least 1 Army representative. GUIDELINES FOR IMPLEMENTING THE INCLUSIONARY ZONING ORDINANCE REGULATIONS 8:44 p.m. 8.2 (430-20) Community Development Director Eddie Peabody presented the Staff Report. The proposed Layperson's Guide to the Inclusionary Zoning Ordinance Regulations contain standardized criteria by which a developer may comply with providing the required affordable units. They also establish the procedures to follow so that the developer may maintain control over the private development and still allow City Staff the ability to verify that the goals and intent of the Inclusionary Zoning Regulations are met. Some of the topics addressed in the Guide include: · How to determine the number and size units required by the Inclusionary Zoning Regulations · How to calculate how many affordable units are required for various income levels , ,, CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 279 · The Affordable Housing Agreement · Occupant Selection · Establishing Unit Prices for ownership units · Calculating Affordable Rents · Monitoring of Rents Mr. Peabody stated in the event of conflict between the guidelines and the Ordinance, the Ordinance shall prevail. This is a living document and we may need to make changes as we go along. Cm. Oravetz complimented Staff and asked if we could get this on our Website? Cm. McCormick suggested a summary, as this is mainly for builders. Cm. Oravetz agreed that a summary would be appropriate, because there is some real good information toward the back. Vm. Zika agreed that this is a good start. He stated he was waiting for the enforcement section. Cm. McCormick asked if the $ bedroom units will be standard with 2 bathrooms? Mr. Peabody stated he felt common sense can be applied. There is no magic number. Mr. Peabody stated Staff received comments asking how we ensure that these units stay affordable. The owner is required to give us a report that covers where they are, the monthly rents charged, the vacancy figures, and all tenants for each affordable unit throughout the year. There are very specific requirements with conditions. Cm. Sbranti commented on what will be the paper trail and stated it appears that rental units will be easier. The biggest issue is all of these individual units that over time will mm over and how that is specifically tracked. How will this actually be tracked? Mr. Peabody stated we will get annual reports which we will have to monitor. With resale units, there has to be documentation. Our rights are laid out fairly clearly in the documents. The resale agreement is recorded right on the deed. This would be our control. There are mechanisms in the documents to protect everyone's interests. Cm. Sbranti stated he felt the guidelines were very clear. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 280 Mayor Lockhart asked who the laypersons reading this would be. Mr. Peabody replied non Councilmembers or Staff members; people who wish to develop in the City. We still do have developments coming along in the future that will face dealing with affordable units. Mayor Lockhart asked about the whole reporting thing. With Dublin Housing Authority, they get a monthly report. For rentals, is this unreasonable? She was concerned that we could end up with a number of affordable units vacant. This could be a good tool to provide information to people who contact the Council for assistance with affordable housing. Mr. Peabody stated we could ask the developer to tell us how they will deal with their list. The marketing plan, which they will have to submit, will help us to be informed. Mayor Lockhart expressed concern related to timing. If you have 10 units and you have 6 people interested, when does their interest translate to an application? When does ranking occur? Is it first come first served? How will this work? Mr. Peabody stated this again goes back to the marketing plan. Cm. McCormick stated the Alameda County Housing Authority opens the application period for a specific time. This way, everyone has a chance to come in and apply. Then when the period closes, they review the criteria. Vm. Zika stated we'are learning. If we do it right, we will have 10 times more applicants than units. Mayor Lo&hart asked what we do if we don't like the marketing plan or if it isn't working? Mr. Peabody stated we have a couple of opportunities for trying to come up with ideas to be effective. The most difficult ones are the moderate units for sale. We will have to tailor the kinds of units we deal with and what our expectations are. We might have to open it up more often, by phases. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council adopted ' ' ..... O--NC'ILU MINUTES ' ' ' CITY C VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 281 RESOLUTION NO. 94 - 0.4 APPROVING GUIDELINES FOR IMPLEMENTING THE INCLUSIONARY ZONING ORDINANCE REGULATIONS ANNUAL RATE REVIEW FOR GARBAGE COLLECTION, DISPOSAL AND RECYCLING SERVICES PROVIDED BY WASTE MANAGEMENT 9:15 p.m. 8.$ (810-$0) Administrative Analyst Jason Behrmann presented the Staff Report. Current garbage rates became effective July 1, 2005. In accordance with the Agreement with Waste Management (WM) the adopted rates are required to be reviewed prior to July 1, 2004. The current rates are projected to generate the annual revenue required by the Agreement; therefore, no rate increase is required for Fiscal Year 2004-05. For most rate categories, the proposed City of Dublin rates are well below the average of the Tri~Valley agencies surveyed. Cm. Oravetz stated this is good news for Dublin residents. He discussed the food waste program and commented we still don't have the biggest food waster, the School District~ using this program. Mr. Behrmann reported that Murray School is on board with this program. Cm. Sbranti suggested contact be made with St. Raymond's, VCC, Quarry Lane, St. Philip Lutheran, daycare centers and preschools. If we could get some of them onboard, we could get maximum usage from this program. Mayor Lockhart advised that our RFP will give providers an opportunity to show us how they intend to get users for these programs. City Manager Ambrose briefly discussed what was discussed at the DSRSD liaison level regarding commercial food waste and some type of incentive program. They are interested in discussing this more. The Council thanked Staff for the report. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 282 DESIGNATION OF TWO COUNCIl,MEMBERS AS CITY REPRESENTATIVES TO DISCUSS COMPENSATIO. N WITH CITY ATrORNEY 9:19p.m. 8.4 (600-$0/110~$0) This item provides for the designation of two members of the City Council to discuss terms of thc City Attorney's contract, including compensation, with the City Attorney pursuant to the Government Code. The two members would report their recommendation to the full Council in open session following meetings with thc City Attorney. Mayor Lockhart suggested Cm. Sbranti and Cm. Oravetz handle this this year. On motion of Cm. Oravctz, seconded by Cm. Sbranti, and by unanimous vote, thc Council appointed Cm. Oravetz and Cm. Sbranti to discuss compensation with thc City Attorney. DUBLIN SPORTS GROUNDS PHASE III - AUTHORIZATION TO BID CONTRACT 04-07 9:20 p.m. 8.5 (600-$5) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report. The installation of athletic field lights for the Dublin Sports Grounds was approved in the 2002-2007 Capital Improvement Program. Electrical en~neering of the athletic field lights were completed in Fiscal Year 2005-04 with construction scheduled for FY 2004-05. Staff anticipates awarding the bid on July 6t~ with lights to be installed by mid- September. Cm. Sbranti stated we have to be very cautious and leary of General Fund dollars going toward capital projects. Mayor Lockhart asked how much night time use we currently get. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 283 Ms. A/ex stated we anticipate season use between March and NOvember. Currently we have softball leagues that use the fields at night. Evening use is definitely in demand. Cm. Sbranti stated this will be the first lit baseball field in the City. Mayor Lockhart asked if they could get some kind of idea when the bids come in of how many more teams we can support. On motion of Cm. Oravetz, seconded by Vm. Zika, and by unanimous vote, the Council authorized Staff to advertise the project for bid. OTHER BUSINESS 9:27 p.m. Mr. Ambrose advised that Staff was notified today that the Valley Water Retailers group will be holding their first meeting this Thursday night at 6:30 p.m. at the DSRSD Board Room. They will look at water rates and water quality. On Monday, June 7t~, the Dublin tine Arts foundation will host an art in the park dedication at Dolan Park. On Sunday, June 1Sth, DHPA will be dedicating the flag pole at the Heritage Center. Cm. Oravetz stated he enjoyed the Tri~Valley Council meeting last Thursday, hosted by San Ramon. Vm. Zika stated he went to a meeting designing the Fallon Sports Park, which was held the same night that Dublin Unified School District was having a meeting in the East. Things seem to be going very well. Regarding CMA, we still get our money for affordable housing. Cm. Sbranti advised that San Ramon hosted the art and wind festival last weekend. He likes that they have an opportunity for non-profit groups to act as vendors. They are part of the event and they raise a lot of money. We incorporated a little with our Day on the Glen event last year, but he stated he felt we can incorporate more in Dublin. It works in San Ramon and would like to see us look at opportunities in Dublin to incorporate non-profit group vendors with one or both of our festivals to whatever extent we can. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 284 Cm. McCormick reported that the June issue of Sunset magazine last page features one of our artists in town, Ned Kahn. She stated she intends to write a letter on behalf of EBRPD. They have really taken a budget hit of about $17.5 million. This affects all of us. She will write a letter urging them to take another look at this. She will send it to about half a dozen people, including Tom Torlakson. She asked if the other Councilmembers were interested. City Attorney Silver stated the Council could do this on their own. If this is voluntary, this is fine. Mayor Lockhart talked about the Water Quality Retailers meeting on Thursday. It is important that we go and comment on water quality for residents in our valley. She stated at the June 13th DHPA event, the entire community will be invited. There will be free food, hotdogs, lemonade and watermelon, an old fashioned picnic, tours of cemetery, church and museum. It starts at 1:00 and ends at 4:00 p.m. The flag pole dedication will be at g:00 p.m. The Dublin Blue Grass Jam will be there and will play for this event. She invited everyone to come on by. CLOSED SESSION At 9:36 p.m., the Council went back into closed session to diSCuss Item 5. Following the closed session, Mayor Lockttart announced that no action was taken. 11.1 There being no further business to come before the Council, the meeting was adjourned at lO:gO p.m. Mayor ATTEST: City Clerk CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING June 1, 2004 PAGE 285