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HomeMy WebLinkAbout4.01 Draft CC 12-6-04 Min ADJOURNED REGULAR MEETING - DECEMBER 6. 2004 An adjourned regular meeting of the Du blin City Council was held on Monday, December 6, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:0Z p.m., by Mayor Lockhart. · ROLL CALL PRESENT: Council members McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. · PLEDGE OF ALLEGIANCE Cub Scout Troop 909 led the Council, Staff and those present in the pledge of allegiance to the flag. · EXECUTION OF SOUD WASTE COLLECTION AND DISPOSAL AGREEMENI'S 7:04 p.m. 7.1 (600-30) Senior Analyst Jason Behrmann presented the Staff Report and advised that the current solid waste collection and disposal service contract with Waste Management Inc., expires on June 30, Z005. The City is engaged in a competitive proposal process to procure solid waste services beginning July I, 2005. The "Best and Final" proposals submitted by Amador Valley Industries and Waste Management for the provision of collection services, and Republic Services and Waste Management for disposal services are before the Council for consideration. Mr. Behrmann presented background information related to the original Request for Proposals. At the conclusion of the Staff presentation at the November Z..d City Council meeting, the Council directed Staff to proceed with a "Best and Final" process, whereby each proposer was asked to submit revised proposals including new cost proposals and additional operational information by November 16,2004. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING December 6, 2004 PAGE 531 4.1 Mr. Behrmann discussed several significant discussion points, including: Labor Issues - The Council affirmed the requirement of a Local 70 contract, and directed the proposers to include the associated costs in their Best and Final proposals. Alternate Fuel Vehicles - Staff has researched grant funds for alternate fuel vehicles, and the Bay Area Air Quality Management District (BAAQMD) recently made available approximately $3.5M in grant funds for local governments. The Council will be asked to adopt a Resolution authorizing Staff to submit an application to receive grant funds for alternate fuel vehicles. If the City is awarded grant funds, they will be used to reduce the cost of the Solid Waste Collection Service Agreement compensation in order to lower the residential and commercial rates. Collection Service Information: In an effort to allow Staff to adequately compare the proposals, proposers were asked to include information regarding the number of collection vehicles, employees, collection routes, etc., in the Best and Final proposals. County Open Space Fee: Proposers providing a Best and Final proposal for Disposal Services were requested to include the County Open Space Fee as part of the government fees whether or not the fee was currently being assessed at their disposal facility. Best and Final proposals were received by the deadline from: A VI submitted a proposal for Collection Services that met the conditions requested by the Council. The proposal included revised Collection Compensation forms resulting in a significant reduction in the overall compensation. The revised cost proposal for Collection Services allows for the delivel'Y of solid waste to either the Altamont Landfill (WMI) or the Vasco Road Landfill (Republic) for disposal. WMI submitted a proposal for Collection and Disposal Services that met the conditions requested by the Council. WMI removed all of the exceptions to the Agreement language contained in the original proposal. Additionally, WMI included a discount for the award of both Collection and Disposal Services and agreed to include all diversion and public education programs offered by the other proposers that are not part of the current service package. This includes the implementation of the Go Green program. Finally, the proposal included revised Collection Compensation and Disposal Rate forms, which included reduced Collection Compensation and Disposal Rates f/'Om those proposed in the original proposal. CITY COUNCIL MINUTES VOLlJME 23 ADJOURNED REGULAR MEETING December 6, 2004 PAGE 532 REPUBLIC submitted a proposal for Disposal Services that met the conditions requested by the Council, but did not submit a Best and Final proposal for Collection Services. REPUBLIC staff indicated that the City Council requirement of a Local 70 contract for the collection employees would have required that they site and maintain a corporation yard within Alameda County, and it was not possible to secure a site and prepare a revised Collection Service proposal within the time requirements of the Best and Final process. REPUBLIC indicated that if the Council was not satisfied with either of the two proposals, and the Council elected to go back out to bid, that it would be interested in re-submitting a proposal for collection services. The proposal submitted includes revised Disposal Rate forms, which provided reduced Disposal Rates from those proposed in the ol'iginal proposal. Mr. Behrmann discussed the various collection and disposal service option alternatives outlined in the 7 page Staff Report, and in summary, stated Staff recommended that the Council authorize the City Manager to execute a Collection Services Agreement with Amador Valley Industries and a Disposal Services Agreement with Waste Management. Cm. McCormick asked about the WMI alternative proposal and if they are using the same trucks and carts. Do they just reuse the same? Mr. Behrmann stated they would replace equipment pieces as they wear out. There are more difficulties with older vehicles. They would just use their current vehicles and keep up the maintenance. We wouldn't have alternative fuel trucks. Mr. Behrmann stated the AVI proposal has a 100% new fleet. Cm. Sbranti clarified that regardless of what happens, they can't come in for more than a 5% increase per year. James Devlin with WMI thanked Staff and the City's consultant for a very balanced process. They are pleased to receive the staff recommendation on disposal. They propose the same number of vehicles, drivers, number of trips, yet they are $ I. I million apart. They have 25,000 customers so they felt comfortable in their costs, and strongly urged that we review the A VI costs. They have a long history with the City and they want to remain. He requested that the Council please consider their alternative, or an extension of the existing contract to have more time to review what's in the mal'ketplace and to give them more time to consider changes they could make. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING December 6, 2004 PAGE 533 Mayor Lockhart discussed the Livermore and San Ramon contracts and stated she doesn't understand why this contract is so much highel' than neighboring cities that are larger than Dublin. Mr. Devlin responded there are some operational differences. In Livermore, they are located within the city. Their pl'Oximity to the landfill is much closer. There are larger economies of scale, distributed over a greater number of homes. In San Ramon, they will do their best to provide a competitive rate. Their costs will most likely go up to cover their costs. Gordon Galvin with A VI thanked City Staff and stated Dublin had a wonderful proposal process. Jason Behrmann and Joni Pattillo did a wonderful job of putting this together. They had a much higher number the last time. They were using the wrong critel'Îa to put their bid together. What's represented tonight is the best combination of service, price and ingenuity for the people in Dublin. He stated he looks forward to a long partnership with Dublin. Thank you for the opportunity. You will be the leader in Alameda County with this program. Paul Fagliano, Livermore, stated he was here to say he has worked with WMI for 26 years and started right here in Dublin. People have been happy with the service they've been given for all these years. On behalf of a lot of the guys he works with, they are promised they will have a job and still be in the union, and seniol'Îty, etc. If you ask them, they would really like to stay with Waste Management instead of a disruption in their lives and to the City of Dublin. He stated he doesn't see how the numbers vary enough to make a change in all these people's lives. His wife, Sheila also works with the company. Nothing has been said about the office staff. What happens to their jobs? Larry Fields, Livermore, stated he has been with the company almost 11 years. He works in both Dublin and Livcrmore. He would prefer to stay with Waste Managemcnt and service his customers who he has come to know over the last 10 years. He worries about the uncertainty. There's not much change in the money, so he urged the Council to consider this and do what you think is right. Mel Luna, Dublin, stated he has been a customer of WM fol' about 50 years. In Dublin we nevcr have problems. Pleasanton right now pays $25 and we pay $ I 2. If they go out and buy all these new vehicles, somewhere you're going to have huge increases. He asked if what WM offers the City is the same as the other company. Mayor Lockhart pointed out we would have a totally different contract with AVI. Comparing this to Pleasanton is like comparing apples and oranges. We will hold them CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING December 6, 2004 PAGt<: 534 to what they say they can do. If they are awarded the contract, we will hold them to the contract. Mr. Luna asked if they can sell the contract to another provider. Mayor Lockhart stated we will check on this. John Sullivan stated he is involved with ownership and management of an apartment complex with over 300 units and recommended the City award contract as stated tonight. He had units in San Leandro that went with A VI and the service greatly improved. with regard to a Green Waste Progl'am, he stated he hopes this will be on an as-needed basis. Right now they have this service thl'Ough a landscape service that recycles it. Doris Battin, Dublin, stated she has lived here in Briarhill since 1966. She taught in the Du blin School District for 26 years. Dublin has had the same company since they moved here and they've been extremely pleased. She has not heard about A VI except in Pleasanton. They have to dump waste and recycle in the same can. Mayor Lockhart clarified that this is not part of our program. Ms. Battin stated they are also concerned about losing the 3 pick ups each year. She showed brochures received from WM giving lots of information. She stated she visited the waste facility in San Leandro and it is really quite beautiful. Can we still use this site? Mayor Lockhart stated she was referring to the Davis Street facility, and any resident in Alameda County can use the Davis Street facility. People don't have to wait for a special pick up but can call if they have a special need. You will still get the 3 pick ups, but will be able to put out 7 instead of 3 yards. Ms. Battin noted she paid $121 for garbage service on her tax bill this past year. She felt the new rate of $I4/month doesn't seem unreasonable. Sheila Fagliano stated she is Recycling Coordinator with Livermore-Dublin Disposal and has been there since 1977. She enjoys working with Dublin and LDD. They provide some of the best service around. The drivers care about the people and the service they provide. She enjoys making a difference in Dublin. She stated she knows the focus is on doing best for Dublin and saving money, but sometimes saving money is not necessarily the best. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING December 6, 2004 PAGE 535 Mayor Lockhart stated Sheila has done a fabulous job and has interfaced on so many community projects. Robert Day, Tracy, stated he has been with WM for 15 years is a back up driver here in Dublin and Livermore as well. The bottom line is you are protecting residents on price. He commented on the fact that A VI says they made a $ 1.5 million. He said Fremont wasn't happy with them and Alameda didn't fare well as far as service. While he knows WM is a lot higher, the key issue to look at is what they are offering and how they got there. Mr. Galvin addressed some of the comments. They stand by their proposal and there will not be changes. They provided their best final proposal and they will stand behind this. They are interested in becoming partners with the City. They feel they have the best and strongest proposal for the City of Dublin. This plan will wOl'k for the people of the City of Dublin. Cm. Oravetz asked how they can alleviate the concerns about jobs. Mr. Galvin stated they share the concerns of Mr. Fields. They have worked long and hard with Teamsters Local 70 to make sure what they brought forth would be a comprehensive agreement and protect every employee that's working in Dublin right now. Mr. Fields will have a job with A VI and they have come to agreement with Local 70. Ken Back, Dublin resident since 1984, stated he has never had any complaints with WM. Through the City Council's work, the average increase is 3.35% since 1984. They have done a good job with WM and he urged the City to keep them. There isno reason to change companies. Vm. Zika asked if they can resell this contract. Acting City Attorney Ken Aim advised that the assignment clause indicates assignment is null and void absent the City's approval. Cm. McCormick questioned if the financials are off down the line and they start dropping services, what is our recourse? Mr. Behrmann advised that with liquidated damages, we can assess fines and penalties. If it gets to a certain point, we can move to void the contract. They will have a $ I million CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING December 6, 2004 PAGE 536 bond each year, if they default on the contract. We get monthly reports now and we watch this very closely. Cm. McCormick asked if we have mandatory green waste? Mr. Behrmann explained that the Go Green initiative is related to schools. This is a different program. Cm. Oravetz stated he will agree with Staff's recommendation to award contracts to A VI for collection service and to WMl for disposal service agreement. The jobs part of this has been alleviated and the cost part was a big one. WM drivers are great and Sheila is outstanding. He also has never had a complaint in 20 years. When WM submitted their bid, when it came in almost 50% higher, he had to carefully review this. For the record, A VI is not a fly by night type of business. He has checked with friends in Pleasanton and they feel they're doing a very good job. OUr union is the citizens of Dublin. He has done his homework and A VI is offering the best deal for Dublin residents. Jason also did a great job. Vm. Zika stated he was on the side of WM until he saw the bids. They've been super and Sheila is great. He just can't recommend citizens pay $1.1 million more than the competition. Cm. Sbranti stated the biggest things to weigh is level of service and cost. This is not an indictment of WM because their service has been great. When you look at the difference of $1.1 million and there are a number of things that A VI is offering, such as a location in Dublin, Go Green program, new trucks, etc., they offer more for less money. Cm. McCormick stated she really loves WM and the collectors and Sheila. A VI has made an offer the City Council simply can't refuse. What sweetens the pot so well is they will have the same drivers. Mayor Lockhart stated of concern most to her is the clean air vehicles. We have to attain clean air status. Some city needs to step forward and say clean air is the most important priority. Dublin can do this. Staffs are wonderful. She has a lot of faith in City Staff. The contract that will be put together will protect residents of Dublin. She understands disruptions to lives. Her husband changed jobs and it turned their lives upside-down. They represent people who simply can't handle a 42% increase in their rates. Dublin will make a statement to the rest of the Valley related to clean air. We dealt with everybody in good faith. She stated she also supports Staff's recommendation. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING December 6, 2004 PAGE 537 On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 223 - 04 APPROVING THE EXECUTION OF A COLLECTION SERVICES AGREEMENT FOR THE PROVISION OF SOLID WASTE SERVICES WITH AMADOR VALLEY INDUSTRIES (AVI) and RESOLUTION NO. 224 - 04 AUTHORIZING THE EXECUTION OF A SOLID WASTE DISPOSAL SERVICES AGREEMENT WITH WASTE MANAGEMENT OF ALAMEDA COUNTY . RECESS 8:03 p.m. Mayor Lockhart called for a short recess. The Council meeting reconvened at 8:09 p.m., with all Councilmembers present. . AUTHORIZATION OF SUBMITIAL OF FUNDING APPUCATION FOR NATIJRAL GAS saUD WASTE COLLECTION VEHICLES 8:10 p.m. 8.1 (530-10) Senior Analyst Jason Behrmann presented the Staff Report and advised that the Bay Area Air Quality Management District (BAAQMD), in partnership with the Metropolitan Transportation Commission (MTC), recently announced a new opportunity to reduce emissions from solid waste collection vehicle fleets that operate within the jurisdiction of BAAQMD. A total of $3.5 million in incentive funding is available. The City is eligible to apply for clean air incentive funding to offset the incremental capital costs associated with natural gas solid waste collection vehicles that will be purchased as part of its new Solid Waste Collection Services Agreement. Mr. Behrmann explained that if the City is awarded the incentive funding to purchase natural gas solid waste vehicles, the maximum grant amount would be $350,000, which CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING December 6,2004 PACE 538 would be used to reduce the total compensation of the new Solid Waste Collection Services Agreement. Cm. McCormick questioned how much a vehicle costs? Mr. Behrmann stated approximately $200,000, so every little bit helps. Cm. Sbranti asked if there are other state and federal funding sources? Mr. Behrmann stated we have been evaluating different sources of gmnt awards ever since we started the process. This is the only funding opportunity we've been able to find related to our timing. They developed this grant almost specifically for our needs. They worked closely with us. Mayor Lockhart stated she made a number of phone calls. This is really great that they've been this responsive. Cm. Sbranti stated as the Mayor indicated, we've made this a priority as a City. Money is tight, but there may be some funding opportunities at some point. On motion of Cm. Sbranti, seconded by Vm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 225 - 04 AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT (BAAQMD) FOR FUNDS TO REDUCE EMISSIONS FROM SOLID WASTE COLLECTION VEHICLES AND AUTHORIZING THE IMPLEMENT A TIQN OF SAME, IF THE APPLICATION IS APPROVED BY THE BAAQMD . CERTIFICATION OF NOVEMBER 2. 2004 ELECTION RESULTS 8:14 p.m. 8.2 (630-30) City Clerk Kay Keck presented the Staff Report. The City has received the Election results for the Offices of Mayor and two Councilmembers, from the Alameda County Registrar of Voters. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING December 6, 2004 PAGE 539 Following trends all across the Country, Dublin experienced all extremely high voter tu rnout of 81 %. Of 16,586 registered voters, a total of 13,433 ballots were cast in the City of Dublin. This broke our previous record set in November, 199Z when Dublin experienced a 77% voter turnout. Dublin had 3 candidates for Mayor. Janet Lockhart received 9,915 votes. Ira Leitner received 1,36 I votes. Shawn Costello received 693 votes. Janet Lockhart, who received 82.6% of the votes, was elected Mayor for a two-year term. The City had two open Council seats and two candidates. Tony Oravetz received 8,35 I votes and Kasie Hildenbrand received 6,858 votes. Both were elected to four-year terms. On motion of Vm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 226 - 04 RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2004, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW . PRESENI'ATION OF PLAQUE TO OUTGOING COUNCILMEMBER SBRANTI 8:17p.m. 8.3 (610-50) Mayor Lockhart stated she has so much respect for Tim Sbranti. He has been a great Councilmember. Cm. Oravetz thanked him for the great service he has given to the City. He pointed out that having two Dublin High School graduates on the Council is quite a feat. Vm. Zika thanked him for his 2 years and stated he knows he will be back. He takes everything into consideration and makes reasonable and logical decisions. He stated he will miss the macho bocce ball discussions. Cm. McCormick stated Tim got the political bug a long time ago - in 1993. He was the student representative to the committee on a school bond measure. She stated she trusts Tim's judgment and values. We have enjoyed him so much and she looks forward to havi~ him back on a future Council. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING Decem ber 6, 2004 PAGE 540 Mayor Lockhart stated she remembers when her husband served on the P&CS Commission and he came home saying Tim was a cute kid who was on the Commission. He was the first student representative. Cm. Sbranti stated he gave a big credit to the Council and also Staff here in Dublin. Residents recognize the professionalism of Staff. He gets constant compliments. They are committed to the community. There is excellent leadership. At times the City Council may disagree on a particular issue, but the mutual respect is very important. They all have the commitment to serve. This is an exciting time in his life personally. He's getting married. He hopes to stay here and looks forward to getting involved again in the future. Kasie will do an outstanding job on the City Council. He stated he is happy to have been a small part of all this for the last couple of years. Mayor Lockhart read and presented a plaque to Cm. Sbranti which read, "Presented to Tim Sbranti, Council member 2002-2004 In recognition of your dedicated service to the City of Du blin as a member of the City Council and in appreciation of your many contributions to the community of Dublin." Cm. Sbranti was elected to the City Council at a special election held in March, 2002, and was sworn into office in April, 2002. . OTHER BUSINESS 8:27 p.m. City Manager Richard Ambrose reminded everyone that we have anothel' City Council meeting tomorrow night. . AQJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:27 p.m. Mayor ATTEST: City Clerk .~ CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING December 6, 2004 PAGE 541 REGULAIf, MEETING - DECEMBER 7. 2004 A regular meeting of the Dublin City Council was held on Tuesday, December 7, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:03 p.m., by Mayor Lockhart. · ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, Oravetz, Zika and Mayor Lockhart. None. · PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. · OATIl OF omCE 7:04 p.m. 3.1 (640-60) City Clerk Kay Keck administered the Oath of Office to newly elected Mayor Lockhart and Councilmembers Hildenbrand and Oravetz. · SELECTION OF VICE MAYOR 7:12 p.m. 3.2 (610-20) In 1996, the City Council developed a policy whereby at the Council's first regular meeting in December, following certification of the results of the general municipal election, the City Council shall select one of its members as vice Mayor to serve for a one-year period. In the absence of the Mayor, the vice Mayor would become Mayor Pro Tern and would assume the temporary responsibilities of the Mayor. Mayor Lockhart stated she appreciates Vm. Zika's time and efforts in his duties this past year. She would like him to remain as Vice Mayor. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 542 On motion of Cm. McCormick, seconded by Cm. Hildenbrand, and by unanimous vote, Vm. Zika was selected to serve as Vice Mayor for an additional year. . CITY COUNCIL ORGANlZATION/COMMITIEE APPOINTMENTS/ ASSIGNMENI'S 7:16 p.m. 3.3 (J 10-30) Individual members of the City Council represent the City on various local and regional boards/committees/commissions. An updated appointment list has been prepared. Staff recommended that the City Council review and discuss the Mayor's proposed list, make any desired changes, confirm the list and direct Staff to notify affected agencies as appropriate. COMMITTEE Alameda Co. Fire Department Advisory Commission Alameda County Housing Authority Alameda County Library Advisory Commission Alameda County Mayors' Conference Alameda County Waste Mgmt Authority JPA Audit Ad Hoc Committee Association of Bay Area Governments General Assembly Citizen/Organization of the Year Congestion Management Authority DSRSD Liaison Committee Dublin Pride Week Committee Dublin Unified School District Liaison Committee East Bay Division/League of CA Cities East Bay Regional Park District Liaison Committee 1-580 Corridor/BART to Livermore Study Policy Committee Job Training Partnership ActlPlC League of CA Cities Voting Delegate & Alternate REPRESENTATIVE Lockhart Zika (ConfIrmed by AIaCo Board of supervisornl Hildenbrand/Oravetz (Alternate) Lockhart McCormick/Lockhart (Alternate) McCormick/Oravetz ZikalHlldenbrand (Alternate) McCormick/Hildenbrand Lockhart/Hildenbrand (Alternate) LockhartlZika McCormlcklHildenbrand LockhartlHlldenbrand Oravetz/Hildenbrand (Alternate) Lockhart/McCormick Lockhart/Hildenbrand (Alternate) Oravetz Oravetz/Hildenbrand CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 543 Livermore-Amador Valley Transit Authority JPA Livermore City Liaison Committee Lockhart/Oravetz Lockhart/McCormick Pleasanton City Liaison Committee Lockhart/Hildenbrand San Ramon City Liaison Committee Sister City Intemational Committee Lockhart/Oravetz Lockhart/McCormick Tri·Valley Affordable Housing Committee Tri.valley Transportation Council ZikalLockhart (Alternate) LockhartlHildenbrand (Altemate) Zone 7 Liaison Committee Lockhart/Zika (K'/G/""'""I!'iCURRENTI2-Ð4.dœ UpdaIod 121_/04) Vm. Zika stated the Alameda County Housing Authority will not work for him due to the timing of their meetings. Cm. McCormick stated she will continue on this body this month. Staff was requested to put this on the agenda for the next meeting for further Council discussion. The Council advised that LAVTA doesn't really need an alternate. Cm. Oravetz made a motion, which was seconded by Cm. Hildenbrand, to approve the appointments list with the exception of the Alameda County Housing Authority, which will be done on December 2 I ,to These appointments would be effective for January meetings. Following additional discussion related to possible further shuffling of the appointments which could impact other appointments, Cm. Oravetz withdrew his motion and Cm. Hildenbrand withdrew her second to the motion. The appointments list is continued to the December 21 st meeting. Following still further discussion, on motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by unanimous vote, the Council confirmed the appointment list with the exception of the Alameda County Housing Authority. Staff was directed to not notify the affected agencies until after the December 21st City Council meeting. . CITY COlJNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 544 INTRODUCTION OF NEW EMPLOYEES 7:23 p.m. 3.4 (700-10) New employees William Brandt, Information Services Technician and John Hartnett, Heritage & Cultural Arts Supe1'visor were introduced. . PRESENTATION BY ALAMEDA COUNTY WASTE MANAGEMENT AUTIIORlTY ON MULTIFAMILY GUIDELINES AND AFFORDABLE HOUSING DESIGN ASSISTANCE TO MEMBER AGENCIES 7:26 p.m. 3.5 (810-10) At the direction of the Alameda County Waste Management Authority (ACWMA) Board, Staff from ACWMA are introducing the Multifamily Guidelines and the Affordable Housing Design Assistance to all their member agencies. Green Building Program Manager Karen Kho made a pœsentation and explained the guidelines as well as available training on the design. Cm. McC01'mick asked about an evaluation document. Is this the entrée to doing this through the cities? How does the City encourage developers to do this? Ms. Kho stated in terms of the actual project review, it is the thing that helps you speak the same language. They now have the project grading tool which can be incorporated in whatever way seems appropriate. It may differ from city to city. They are willing to work with Staff in developing recommendations. This is new for multifamily development. Cm. McC01'mick stated she was very pleased to see our senior center out there in the forefront. Cm. Oravetz asked what the building industry feels about this. Ms. Kho stated affordable housing develope1's are very excited about this. From the market rate developers, they have heard that this gives them a market edge for their project. There is dearly a benefit to the consumer. It's mainly an educational matter as CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 545 there is a steep learning curve. They have had good participation from a full range of the trades. Vm. Zika stated he glanced at the detailed guidelines and likes the layout. It is a matter of people getting used to this, and the cost coming down a little bit. A break-even point on the costs was discussed. .. 7:44 p.m. Carol Lopez representing the Dublin San Ramon Women's Club stated she was here to personally thank the City Council and Mayor Lockhart for their support in fundraising for the auto pulse recessitation units. Both cities have their units, but unfortunately there was a mix up in the timing, as they were supposed to be on TV. They exceeded their $35,000 goal that was needed. Mayor Lockhart thanked the Women's Club for this project for both communities. . CONSENT CALENDAR 7:46 p.m. Items 4.1 through 4.1 I On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of November 16,2004 (Cm. Hildenbrand abstained); Adopted (4.Z 350·40) RESOLUTION NO. 227 - 04 DECLARING CERTAIN ITEMS AS UNCLAIMED AND SURPLUS PROPERTY Approved (4.3 600-30) Change Order #1, for the Dublin Senior Center Construction Management Services with the Zahn Group ($130,000); CITY COUNCIL MINIJTES VOLUME 23 REGULAR MEETING December 7, 2004 PAG~-: 546 Adopted (4.4 600-60) RESOLUTION NO. 228 - 04 ACCEPTANCE OF IMPROVEMENTS FOR GLEASON DRIVE BETWEEN TASSAJARA ROAD AND FALLON ROAD, INCLUDING PORTIONS OF FALLON ROAD AND GRAFTON STREET (The Sierra Land Development Corporation has provided a $871,750 Maintenance Bond) Adopted (4.5 600-60) RESOLUTION NO. 229 - 04 ACCEPTANCE OF IMPROVEMENTS FOR THE G3 STORM DRAIN LINE DUBLIN RANCH, AREA A "C & H" (The Developer has proVided a $1,445,250 Maintenance Bond) Established (4.6 390-20) a new CIP Project (Downtown Dublin Roadway Improvements) and approved Budget Change of $34,917 to reimburse the City for the costs of developing the Downtown TlF program in Fiscal Year 2004-05; Authorized (4.7 600-35) Staff to solicit bids for Contmct 04- 14, Police Evidence Ventilation System/Outside Evidence Storage; Adopted (4.8 720-40) RESOLUTION NO. 230 - 04 AMENDING THE BENEFIT PLAN (MEDICAL CONTRIBUTION UP TO $873.50/MONTH) and RESOLUTION NO. 231 - 04 FIXING THE EMPLOYER'S CONTRIBUTION ($873.50/MONTH) UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT CITY COl)NCIL MINlJTES VOLuME 23 REGlJLAR MEETING December 7, 2004 PAGE 547 and RESOLUTION NO. 232 - 04 FIXING THE EMPLOYER'S CONTRIBUTION VESTING REQUIREMENTS FOR FUTURE RETIREES UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT Approved (4.9 330-20) Budget Changes related to carryovers from Fiscal Year 2003-04 to IT 2004-05; Approved (4.10 330-Z0) Final Budget Changes for Fiscal Year Z003-04; Approved (4.11 300-40) the Warrant Register in the amount of $5,171 ,881.72. . PUBLIC HEARING - AMENDMENT TO DUBUN MUNICIPAL CODE (DMC) SECTIONS 5.100.110 AND 5.100.120 TO PROHIBIT PAINT GUNS IN CITY PARKS 7:47p.m. 6. I (920-20) Mayor Lockhart opened the public hearing. Parks & Community Services Director Diane Lowart presented the Staff Report and advised that this is the second reading of an Ordinance which would amend the DMC to prohibit the use of paint guns in City parks. Cm. McCormick asked about the penalties. Ms. Lowart stated the first infraction is $ 100, the second is $200, and the third infraction in one year is $500. Cm. McCormick asked if the police have to actually see somebody shoot the guns. Police Chief Gary Thuman stated the way the law is structured, a misdemeanor or infraction must be committed in front of an officer. Another way would be a witness that could testify. If, in fact, there is damage to property and they can reasonably determine CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 548 that it was the approximate result of their actions, we can pursue it that way. As only an infraction, we are fairly limited to what we can do. We have been making many more patrol checks and have made contact with numerous individuals and have advised them of this potential Council action. Mr. Ambrose reported that the City has also spent close to $1,000 clearing materials that have been used as part of the games. The newspapers seem to think this is not a big problem, however, we have had a number of complaints from hikers, including being startled by people jumping out of bushes with paint guns. Vm. Zika stated they've built what is similar to duck blinds, and a bridge was very well constructed. It would have clogged the creek when the rains start. It would have been nice if the newspapers would have gone up to see the environmental damage occurring before they went off on a tangent. Cm. McCormick clarified that the punishment does not include recovering our costs for damages. Assistant City Attorney John Bakker stated potentially the court could order restitution if someone is convicted of an infraction. We can look into recovery such as taking them to small claims court. A maintenance person could witness this. Mr. Ambrose stated there are also heritage tl'ees in that area that could be damaged. Chief Thuman stated he felt that now that there is an enforcement mechanism, the activity will decease. They've identified ZO to 25 separate individuals using this area. Mayor Lockhart stated residents should understand if they witness something, they should call the Police Department. We now have a little more teeth in this, so residents can be the eyes and ears. She stated she was very embarrassed for the newspapers at their reaction. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and adopted CITY COUNCIL MINUTES VOLlJME 23 REGULAR MEETING December 7,2004 PAGE 549 ORDINANCE NO. 27 - 04 AMENDING SECTIONS 5.100.110 AND 5.100.120 TO PROHIBIT PAINT GUNS IN CITY PARKS . PUBUC HEARING CITY OF DUBLIN GENERAL PLAN AND EASTERN DUBLIN SPEcmc PLAN AMENDMENT TO INCORPORATE THE LAND USE CHANGES OF THE PARKS AND RECREATION MASTER PLAN AND SEMI-PUBLIC FACILITIES POLICY ASSOCIATED TEST REVISIONS AND GENERAL PLAN MODIFICATIONS TO REFLECT THE EASTERN DUBLIN GENERAL PLAN AMENDMENT LAND USE MAP PA 04-035 AND PA 04-054 7:58 p.m. 6.Z (420-30) Mayor Lockhart opened the public hearing. Associate Planner Pierce Macdonald presented the Staff Report and advised that this General Plan and Eastern Dublin Specific Plan Amendment is to modify the Land Use Maps to reflect the Parks and Recreation Master Plan 2004 Update and the City of Dublin Semi-Public Facilities Policy, and to correct land use boundaries. The 2004 Update pl'Ovides information regarding the City's existing and planned parks. A new "Semi- Public Facilities" land use would be created on the map and new definitions would be added or modified in the General plan and Specific Plan text, as well as associated text changes. The location of a stream corridor was corrected and a new map was distributed. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Vm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 233 - 04 APPROVING A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT (PA 04-035 AND PA 04-054) TO INCORPORATE THE LAND USE CHANGES OF CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 550 THE PARKS AND RECREATION MASTER PLAN AND THE PUBLlC/SEMI·PUBLlC FACILITIES POLICY; TO AMEND THE GENERAL PLAN LAND USE MAP (FIGURE 1-1A) TO REFLECT ORIGINAL INFORMATION INCLUDED IN THE 1993 EASTERN DUBLIN GENERAL PLAN AMENDMENT, EXHIBIT A; TO AMEND THE EASTERN DUBLIN SPECIFIC PLAN LAND USE MAP (FIGURE 4.1) EXHIBIT B; AND TO ADD ASSOCIATED TEXT CHANGES . APPROVAL OF TRUNCATED DOMES 8:10 p.m. 8.1 (8Z0-80) Public Works Director Melissa Morton presented the Staff Report and advised that truncated domes are used in handicap curb ramps as a detectable warning for visually impaired persons to determine the boundary between the sidewalk and the street. The colol' yellow was recently adopted by Caltrans as its standard. Vm. Zika asked if we have to replace existing areas or just any that we put in from now on. Ms. Morton stated we would revise our procedures to put them in in the future. The additional cost is approx $400 per handicap ramp. It is a very replaceable product. They actually have a very long life. Cm. McCormick asked if it comes in green. Ms. Morton stated green meets the color contrast, but Caltrans has adopted the yellow color and there is an advantage to adopt their standard. City Manager Richard Ambrose advised that we've had lots of discussion about putting this in our streetscape master plan. It is a risk management issue and the question is how much risk you want to take for aesthetics. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 234 - 04 APPROVING THE COLOR (YELLOW) OF TRUNCATED DOMES . CITY COUNCIL MINUTES VOLuME 23 REGULAR MEETING December 7, 2004 PAGE 551 2005-06 GOALS & OBJECTIVES MEETING/ BUDGET STUDY SESSION AND COUNCIL/COMMISSION WORKSHOP 8:17 p.m. 8.2 (100-80) City Manager Richal'd Ambrose presented the Staff Report and advised that annually, the City Council holds a special meeting to define the City's Goals & Objectives for the upcommg year. Mr. Ambrose stated Staff requested that the Council confirm the approach proposed by Staff to establish the City's G&O for 2005-06 that takes into consideration the outcomes from the Strategic Planning Follow-up Workshop; provide Staff with direction on City Council/Commission Workshop; confirm if the approach that was used in the 2004 City Council/Commission Workshop be used in ZOOS; confirm if the City Council wants to meet with the Commissions on an individual basis, as was the case last year; establish Saturday, February 26, 2005 from 9 a.m. to I p.m., as the date/time for the City Council/Commission WOl'kshops; and establish April 4, ZOOS at 6 p.m., as the G&O/BUdget Study Session special meeting. A follow up workshop for the Strategic Plan has been approved for January 71h. Meeting individually with the Commissions seemed to help over the year. It was beneficial and they appreciated it. Mayor Lockhart suggested we do it again. Consensus of the Council was that everything works. The Council agreed to establish Saturday, February Z6, 2005, from 9:00 a.m. - 1 :00 p.m., as the date/time for the City Council/Commissions Workshops; and to establish April 4, 2005 at 6:00 p.m., as the Goals & Objectives/Budget Study Session special meeting. . ornER BUSINESS 8:2 I p.m. City Manager Ambrose advised that the Dublin Housing Authority will hold a special meeting on December 141h from 5-7 p.m., to consider a report from Staff and the Consultants on Arroyo Vista. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 552 Cm. Oravetz reported that he attended a LAVTA meeting Monday. There will be some positive changes soon; we will have a bus stop over in the Dublin Ranch area. Trips goil1g out to Santa Rita Jail will be on the half hour. He wished former Dublin High School Coach Bob Gomez, also a co~worker, who is 110t feeling well, get well wishes. Cm. McCormick stated she attended the opening of the Adolph Martinelli Event Center on Gl'eenville Road in Livermore. It is a beautiful facility and she stated she was happy to see him honored again. Mayor Lockhart stated she was honored to welcome a group of about 20 Chinese visitors being hosted by Alameda Coul1ty Surplus Property Authority. They went on a tour al1d everyone ended up at Madam Sun's for lunch. She had to leave early and 20 men got up and escorted her to her car. This is a very endearing custom. She thanked Stuart Cook and Pat Cashman. . ADJOURNMENT . 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:26 p.m. Mayor ATTEST: City Clerk ~ CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 553