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HomeMy WebLinkAbout4.01 Draft 12-13&20 CC Min MINUTES OF THE CIIT COUNCIL A special joint meeting of the Dublin Planning Commission and City Council was held on Tuesday, December 13,2005, in the Regional Meeting Room of the Dublin Civic Center. The meeting was called to order at 5:00 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart. Planning Commissioners Biddle, Fasulkey, King, Schaub and Wehrenbe~ ABSENT: None. .. WUC COMMENt' Mayor Lockhart asked for public comments. No comments were made by the public at this time. .. PROPO~ED F~RST TIME H9~EDlJYEJ{ L9AN PROGRAM WORKSHOP 5:03 p.m. (430-60) Housing Specialist Julia Abdala explained that the City Council and Planning Commission would participate in a joint workshop to discuss components of the proposed First Time Homebuyer Loan Program. Staff would then ask the City Council to provide direction in preparing a draft First Time Homebuyer Program, which would subsequently go to the City Council for consideration and approval. Members of the First-Time Homebuyer Taskforce CITY COUNCIL MINUTES VOLUME 24 SPECIAL MEETING December, 13, 2005 PAGE 457 www.ci.dublin.ca.us ~.I ~ present, all of whom were instrumental in creating the draft loan program, were introduced: Rick Anixter, Bank of America; JoAnn Duncan, Irwin Home Equity; Mary Rose Parkman, City of Concord; Mike Seeley, Dill Mortgage. Ms. Abdala briefly reviewed the 12 issues which would be discussed and for which Council would give direction by Staff: 1) Definition of a First Time Homebuyer; 2) Target units for which the City would provide loans; 3) Maximum amount of financing that the City could provide in a First Time Homebuyers loan; 4) Maximum sale price allowed for a home to participate in the Dublin program; 5) Maximum income that would be allowed for applicants for a First Time Homebuyer Loan; 6) Who would be able to utilize the Dublin First Time Homebuyer Loan; 7) Type of loan that the City could provide; 8) Possibility of equity sharing on repayment of the First Time Homebuyer loan as apposed to simple repayment of the First Time Homebuyer Loan; 9) If any interest should be charged and the amount of interest that could be charged for the First Time Homebuyer Loan at maturity; 10) City preferences in providing First Time Homebuyer Loans to applicants; 11) Charging an administrative fee for providing the loan and servicing the loan; and 12) Maximum assets that an applicant may own and still quality for a Dublin First Time Homebuyer Loan. Staff suggested that each issue be discussed individually and directed provided by the Council before moving on to the next topic of discussion. Issue #1: Definition of a First Time Homebuyer. Ms. Abdala advised that Staff recommended that a First Time Homebuyer be defined someone who has not owned a home for 3 years, and reviewed the rationale, as well as pros and cons of the proposed definition. The Council, Commission and Taskforce discussed the pros and cons of the definition, and the possibility of addressing displaced homemakers and other hardship situations in the definition. Ms. Abdala clarified that 3 years and some consideration for displaced homemakers and other hardship situations was recommended by the Council and Commission. CITY COUNCIL MINUTES VOLUME 24 SPECIAL MEETING December, 13, 2005 PAGE 458 www.ci.dublin.ca.us By consensus, the Council and Commission concurred that First Time Homebuyer should be defined as no home ownership for three years and should include consideration for displaced homemakers and other hardship situations. Issue #2: Should the City provide loans for inclusionary units as well as market-rate homes? Ms. Abdala advised that Staff recommended that the loan program include both inclusionary and market rate units, and reviewed the rationale, as well as pros and cons of recommendation. The Council, Commission and Taskforce discussed the pros and cons of the definition, agreed that including both would make the program more comprehensive and flexible. By consensus, the Council and Commission concurred that the loan program should include both inc1usionary units and market rate homes. Ms. Abdala reviewed inclusionary unit underwriting examples associated with Issue #2, as shown in PowerPoint presentation. Issue #3: What is the maximum amount that the City should loan under the First Time Homebuyer Loan Program? Ms. Abdala advised that Staff recommended 10% for market rate homes and 15% for inclusionary units, and reviewed the rationale, as well as pros and cons of the recommendation. The Council, Commission, Staff and those present discussed the program structure and reviewed possible financing scenarios, as well as the possibility of piloting the program for a year and a loan cap for individual loans. By consensus, the Council and Commission concurred that the maximum loan amount should be 10% for market rates homes and 15% for inclusionary units and no maximum dollar amount cap. CITY COUNCIL MINUTES VOLUME 24 SPECIAL MEETING December, 13,2005 PAGE 459 www.ci.dublin.ca.us Cm. Zika disagreed, stating that there should be a maximum cap because if the market rate units were funded, there would be no money left to fund inclusionary homes without down payments. Issue #4: Should the maximum home price a buyer may purchase with fmancing from the City of Dublin be set at the latest median price as established by Bay East Association of Realtors? City Manager Richard Ambrose advised that Staff recommended that there be a limit to the process of homes that could be financed through the City's First Time Homebuyers Loan program. By consensus, the Council and Commission concurred that the maximum home price a buyer may purchase with financing from the City of Dublin be set at the latest median price as established by Bay East Association of Realtors. Issue #5: Should loans be made available to qualifying households with incomes up to 140% of the County of Alameda median income? Ms. Abdala advised that Staff recommended that loans be made available to qualifying households with incomes up to 140% of the area median, and reviewed the rationale, as well as pros and cons of the recommendation. The Council, Commission, Staff and those present discussed possible financing scenarios and agreed that, by accommodating this higher income category, more workforce households would be served. By consensus, the Council and Commission concurred that loans should be made available to qualifying households with incomes up to 140% of the County of Alameda median mcome. CITY COUNCIL MINUTES VOLUME 24 SPECIAL MEETING December, 13, 2005 PAGE 460 www.ci.dublin.ca.us Issue #6: Should the City of Dublin offer First Time Homebuyer Loans to nonresidents as well as Dublin residents? Ms. Abdala advised that Staff recommended that the loan program not be limited to Dublin residents only because restricting loan funds could run the risk of not attracting enough qualified candidates. She reviewed the rationale, as well as pros and cons of the recommendation. The Council, Commission, Staff and those present discussed whether or not to include nonresidents in the program. The pool of Dublin residents seeking and qualifying for this type of City financing may be too small to provide for a successful loan program, and the possibility of including qualifying applicants who worked in Dublin. By consensus, the Council and Commission concurred that loans should be made available to qualifying applicants who live and/or work in the City of Dublin. Issue #7: Should Dublin provide loans with payment deferred until the home is sold or refinanced? Ms. Abdala advised that Staff recommended that the program include a deferred loan with the full payment due at the sale or refinancing of the home, and reviewed the rationale, as well as pros and cons of the recommendation. The Council, Commission, Staff and those present discussed various repayment and refinancing scenarios, as well staffing to oversee the program or the possibility of outsourcing for loan servicing if amortized loans were the preferred method of having loans repaid. By consensus, the Council and Commission concurred that the program should include a deferred loan with full payment due at the sale of the home and possibly at refinancing depending on the reason for the refinance. For example, if the applicant refinanced for a better interest rate or put money back into the house, they would not have to repay. If they pulled money out for personal use, they would have to pay the City back at time of refinance. CITY COUNCIL MINUTES VOLUME 24 SPECIAL MEETING December, 13, 2005 PAGE 461 www.ci.dublin.ca.us Issue #8: Should the City loan be repaid with principal and a share in equity earned on home? Ms. Abdala indicated that this option related to market rate units only and advised that Staff was not recommending that to share equity on inclusionary units where the buyers received a First Time Homebuyer loan because of the resale agreements these properties have on title. Staff recommended that whatever percentage of the sale price that the City financed, the City would get that percentage of equity at the sale. For example, on a 10% loan, if the original sale price was $500,000 and the City provided a loan of $50,000, then when the loan was repaid, the City would receive $50,000 plus 10% of any appreciation on the property financed, and the seller would still get 90% of the equity. The rationale, as well as pros and cons of the recommendation, was reviewed. The Council, Commission, Staff and those present discussed various financial scenarios for equity sharing, as well as the possibility of having this option for market rate only and #9, which would be discussed next, for inclusionary units. The scenario of the market rate unit selling for less than it was purchased at was discussed, and Staff recommended a clause which stated that, if there was no equity or if the equity was less than what the City would earn in interest, then the City would ask for interest. By consensus, the Council and Commission concurred that market rate home loans should be repaid with principal and a share in the equity percentage equal to matching what the City's contribution was and review how it works with other programs. Issue #9: Should the City First Time Homebuyer Loan Program require loans received to be paid back in full, including interest in the amount of the average rate of return earned by the City. Ms. Abdala advised that, per direction in #8 that market rate home loans should be repaid with principal and a share in equity earned, this issue would apply to inclusionary housing only. CITY COUNCIL MINUTES VOLUME 24 SPECIAL MEETING December, 13, 2005 PAGE 462 www.ci.dublin.ca.us By consensus, the Council and Commission concurred that inclusionary unit loans should be repaid with interest. Issue #10: Should the City preferences used in the Inclusionary Zoning Ordinance be applied to the First Time Homebuyer Program? Ms. Abdala advised that the application of this option would result in a ranking system for applications and reviewed the rationale, as well as pros and cons of the recommendation. The Council and Commission discussed the point system for Inclusionary housing which was already in place, and had taken considerable time and study to devise, and agreed that it could be used as a weighting device for the loan program with the inclusionary units getting preference. Ms. Abdala clarified that the Council was directing Staff to include some preference for Inclusionary units? The Council advised yes. Issue #11: Should the City charge an administrative fee, to be determined, for the administration and servicing of these First Time Homebuyer Loans? Ms. Abdala advised that collecting an administrative fee would help pay for the services of the Housing Staff to ~minister this program, and reviewed the rationale, as well as pros and cons of the recommendation. The Council, Commission, Staff and those present discussed the costs involved to administer the loan program and whether a fee program would be beneficial or necessary. If no fee was required, the suggestion of collecting money for the mandatory homebuyers' class and credit counseling was also discussed. The Council directed Staff to look at different options and report back to Council when this was presented at a future Council meeting. CITY COUNCIL MINUTES VOLUME 24 SPECIAL MEETING December, 13, 2005 PAGE 463 www.ci.dublin.ca.us Issue #12: What should be the maximum in assets owned that should be allowed for a household to qualify for a City loan? Ms. Abdala advised that Staff recommended that no household with liquid assets over $250,000 qualify for a City loan, but the actual situation may vary on a case-by-case basis and would be reviewed and evaluated along with the entire financial status of the household in the undeIWriting process. The rationale and pros and cons of the recommendation were also reviewed. The Council, Commission, Staff and those present discussed the difference between liquid assets and other assets, as well as the need to allow for some assets to handle emergency situations. By consensus, the Council and Commission concurred that the maximum amount in liquid assets that a household may have and still qualify for the loan program should be $250,000. The Council directed Staff to incorporate the direction given by the Council and Planning Commission related to each of the 12 issues into the draft First Time Homebuyers Loan program to be presented to the Council for its consideration at a future meeting. Mayor Lockhart thanked the First Time Homebuyer Taskforce for their assistance in crafting this program. .. AQJOUKNMENT There being no further business to come before the Planning Commission and City Council, the special meeting was adjourned at 6:59 p.m. to the regular Planning Commission meeting of December 13, 2005, and the regular City Council meeting of December 20, 2005 at 7:00 p.m. in the Council Chamber located at 100 Civic Plaza. Mayor A TrEST: City Clerk CITY COUNCIL MINUTES VOLUME 24 SPECIAL MEETING December, 13,2005 PAGE 464 www.ci.dublin.ca.us MINUTES OF THE crri COUNCIL CLOSED SESSIQN A closed session was held at 6:30 p.m., regarding: I. CONFERENCE WITH LEGAL COUNSEL .. EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of case: Marsh v. City of Dublin et ai, Alameda Superior Court V605238913 II. CONFERENCE WITH LEGAL COUNSEL .. EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of cases: DeSilva Gates Construction, LP, v. City of Dublin; CCS Planning and Engineering v. City of Dublin; CaITrans v. City of Dublin; Chrisp Company v. City of Dublin; City of Dublin v. DeSilva Gates Construction, LP and National Union Fire Insurance Co. of Pittsbu~h, Pennsylvania (Alameda County Superior Court Action Nos. VG03122358, VG03134125,VG04140656) .. A regular meeting of the Dublin City Council was held on Tuesday, December 20, 2005, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Pro Tempore Oravetz. .. ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick and Zika, and Mayor Pro Tempore Oravetz ABSENT: Mayor Lockhart DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 465 www.ci.dublin.ca.us Mayor Pro Tem Oravetz advised that Mayor Lockhart would not be in attendance due to a serious family illness. .. 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 Pro Tem Oravetz advised that there was no action taken during Closed Session. .. ORAL COMMUNJCATIONS Appointment to Senior Center Advisory Committee 7:02 p.m. 3.1 (110-30) City Clerk Fawn Holman presented the Staff Report and advised that the Council would consider the appointment of Beth Wood to the Senior Center Advisory Committee to fill the unexpired term of Hans Be~, who recently resigned. On motion of Cm. McCormick, seconded by Cm. Zika and by unanimous vote (Mayor Lockhart absent), the Council confirmed the Mayor's appointment of Beth Wood to the Senior Center Advisory Committee to fill the remaining portion of a term which ends December 2008. Ms. Wood thanked the Council for her appointment and applauded them for their foresight in providing such a beautiful state-of-the-art senior facility. She was looking forward to helping meet the needs and expectations of Dublin seniors. The Council congratulated Ms. Wood on her well-deserved appointment. .. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 466 www.ci.dublin.ca.us Public Comments 7:03 p.m. 3.2 No comments were made by any member of the public at this time. .. CONSENT CALENDAR 7:03 p.m. Items 4.1 through 4.12 Cm. McCormick pulled Item 4.7 for discussion. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote (Mayor Lockhart absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of December 6, 2005; Adopted (4.2 600-30) RESOLUTION NO. 224 - 05 APPROVING AN AGREEMENT WITH MUNIFINANCIAL FOR CONSULTANT SERVICES TO PREPARE THE PUBLIC FACILITIES FEE UPDATE and approved Budget Change in the amount of $15,900; Adopted (4.3 600-30) RESOLUTION NO. 225 - 05 APPROVING AN AGREEMENT WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., FOR CONSULTANT SERVICES TO CONDUCT AN APPRAISAL FOR PUBLIC FACILITIES FEE UPDATE AND TRAFFIC IMPACT FEE UPDATE Accepted (4.4 600-35) work performed under Contact No. 05-11, Dougherty Assessment District Fence Painting; and authorized final payment to Bella Painting, less retention to be paid in 35 days if no subcontractor or supplier claims are received; DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 467 www.ci.dublin.ca.us Adopted (4.5 600-60) RESOLUTION NO. 226 - 05 APPROVING IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT 7441, LOT Al (THE VILLAS), PHASE III - SILVERA RANCH (PFEIFFER RANCH INVESTORS II, INC.) Adopted (4.6 600-30) RESOLUTION NO. 227 - 05 AMENDING AGREEMENT WITH UNIVERSAL BUILDING SERVICES FOR STREET SWEEPING AND PARKING LOT SWEEPING SERVICES Adopted (4.8 600-30) RESOLUTION NO. 228 - 05 APPROVING AGREEMENT WITH BKF ENGINEERS, INC., FOR CONSULTING SERVICES FOR THE EXTENSION OF SCARLETT DRIVE AND ENHANCEMENTS TO THE IRON HORSE TRAIL Adopted (4.9 350-40) RESOLUTION NO. 229 - 05 DECLARING CERTAIN ITEMS AS UNCLAIMED AND SURPLUS PROPERTY and authorized Staff to proceed with transfer of property to Nationwide Auction Systems pursuant to current agreement; Received (4.10 420-30) and accepted the Annual Report on the Status of the Dublin General Plan and Housing Element Compliance; and directed Staff to forward the Annual Report to the California State Office of Planning & Research and Housing & Community Development; Received (4.11 330-50) Financial Reports for the Month of November 2005; and DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 468 www.ci.dublin.ca.us Approved (4.12 300-40) the Warrant Register in the amount of $1,808,950.57. Cm. McCormick indicated that she had pulled Item 4.7 (600-30), Amendment to Agreement with Linhart Petersen PoweN Associates, and asked how the two-tier fee schedule worked and who decided if ajob was complex enough to go to a higher fee. Community Development Director feri Hmn explained how Staff tracked consultant services and advised that Exhibit B to the contract specified that the Contractor was to obtain prior authorization from the City whenever the Contractor assigned a plan review to a Senior Plan Review Engineer or Architect. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by unanimous vote (Mliyor Lockhart absent), the CouncH adopted RESOLUTION NO. 230 - 05 APPROVING AMENDMENTS TO AGREEMENT WITH LINHART PETERSEN & POWERS (LP2A) RELATED TO BUILDING INSPECTION SERVICES . WRITIEN cOMMUNICATION~ - None .. PUBLIC HEARI~ Public Hearing Fallon Village (formerly EDPO) PO Rezone with related Stage 1 Development Plan for the Overall Fallon Village Project, Stage Z Development Plan for the Northerly 488 Acres of Fallon Village Owned/Controlled by Braddock .t Logan, and Development Agreement Between City of Du~lin and Duplin RE Investors (Braddock .t I~.lln), PA 04-040 7:06 p.m. 6.1 (600-60/450-30) Mayor Pro Tem Oravetz opened the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 469 www.ci.dublin.ca.us Associate Planner Jeff Baker presented the Staff Report and advised that this was the second reading of three Ordinances, the first of which would approve a Stage 1 Planned Development (PO) Rezone to allow construction of 3,108 residential units and 2,503,175 square feet of non-residential development for the overall Fallon Village project. The second and third Ordinances would approve a Stage 2 PO Rezone and a Development Agreement for the northerly 488 acres of land owned/controlled by Braddock and Logan. The proposed project, formerly known as the East Dublin Property Owners (or EDPO), is located east of Fallon Road and the Dublin Ranch project, west and southwest of the City Limits boundary with unincorporated Alameda County, and north of 1-580. Mayor Pro Tem Oravetz asked if any comments had been received regarding this project since the first public hearing at the December 6th Council meeting. Mr. Baker advised that no comments had been received. No testimony was entered by any member of the public relative to this issue. Mayor Pro Tem Oravetz closed the public hearing. On motion of Cm. Hildenbrand, seconded by em. Zika and by majority vote, the Council waived the second readings and adopted ORDINANCE NO. 32 - 05 AMENDING THE ZONING MAP TO REZONE THE 1,134 ACRE FALLON VILLAGE PROJECT SITE TO THE PD- PLANNED DEVELOPMENT DISTRICT AND ADOPTING A RELATED STAGE 1 DEVELOPMENT PLAN, PA 04-040 ORDINANCE NO. 33 - 05 AMENDING THE ZONING MAP TO REZONE THE 488 ACRE BRADDOCK AND LOGAN PROPERTIES WITHIN FALLON VILLAGE PROJECT SITE TO THE PO-PLANNED DEVELOPMENT DISTRICT AND ADOPTING A RELATED STAGE 2 DEVELOPMENT PLAN, PA 05-038 ORDINANCE NO. 34 - 05 APPROVING THE DEVELOPMENT AGREEMENT FOR BRADDOCK AND LOGAN PORTION OF FALLON VILLAGE DEVELOPMENT DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 470 www.ci.dublin.ca.us .. Public Hearing Resolution Establishing a Policy Regarding Official Travel and Other Business, and Reimbursement of Expemes Associated Therewith and an Ordinance Authorizing the Payment of Expenses for Members of City Commissions anq Committees 7:11 p.m. 6.2 (300-20) Mayor Pro Tem Oravetz opened the public hearing. Prior to presenting the Staff Report, Assistant City Manager Joni Pattillo advised that language was missing in the proposed Resolution under the "Purpose" section. The paragraph should read, "The purpose of this policy is to ensure that the reimbursement of members of the legislative body and City Emplovees. ... " Cm. Zika asked if State law applied to both. Assistant City Manager Pattillo advised no, only to legislative bodies; however, it would be fair to have it apply to City employees as well. Assistant City Manager Pattillo presented the Staff Report and advised that Assembly Bill 1234, which would go into effect on January 1, 2006, imposed new restrictions on compensation and reimbursement of expenses for members of local legislative bodies. As a result, the City Council would adopt a travel and business expense reimbursement policy and introduce an associated Ordinance amending the Dublin Municipal Code to authorize payment of expenses for City Commissioners and Committee members. Cm. Zika noted that the U.S. General Services Administration (GSA) updated their annual per diem rates by location on an annual basis and asked if the California rates listed in the Staff Report were updated on an annual basis. Assistant City Attorney John Bakker advised that the California rates were based on GSA rates. The Council might want to consider updating the policy periodically to adjust the rates. Cm. Zika recommended wording the policy to accept the current GSA rate adjustment so the policy did not have to be updated annually. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 471 www.ci.dublin.ca.us The Council and Staff discussed per diem rates, which were updated periodically and based on geographic location, as well as if the rates should be based on the highest rate of reimbursement for the highest conference travel areas in California. Travel outside California, however, might be based on the GSA for that area of traveL No testimony was entered by any member of the public relative to this issue. Mayor Pro Tem Oravetz closed the public hearing. Cm. Zika noted that the new law specifically required receipts for all reimbursements and asked if that applied to incidental expenses that did not typically generate a receipt, such as tipping hotels employees. Assistant City Attorney Bakker advised that the statue stated that all reimbursements needed a correlating receipt; however, it did not specifically deal with tipping. Cm. McCormick stated that there must be some sort of provision regarding those incidental expenses not requiring receipts. Assistant City Attorney Bakker stated that the Legislature most likely intended that the receipt requirement not preclude Councilmembers to be reimbursed for those types of expenses. If it could be demonstrated on the reimbursement form that those were expenses associated with the official travel, the City would most likely interpret the policy in a way that was consistent with the Legislature's intent. The Council may want to clarify in the policy how incidental expenses should be documented and reimbursed. Cm. McCormick recommended that the policy state that reasonable, un-receipted incidental expenses could be reimbursed if they were listed on the reimbursement forms. Assistant City Attorney Bakker advised that language could be added to Section 13 of the policy to read, for example, "For incidental expenses for which receipts are not ordinarily provided, provided that the claimant provides justification for the incidental expense." Council agreed that the word "reasonable" should be included and would be in spirit of the law. Cm. Hildenbrand agreed with using the California per diem rates for the more expensive areas of California as many of the conferences were held in Southern California. She also expressed concern about traveling to places, such as Washington D.C. and New York DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 472 www.ci.dublin.ca.us City, which were even more expensive, and suggested the policy include the local GSA rates for those destinations. She was in agreement with aggregating the meal costs, as well as putting a cap on personal calls. Cm. Zika recommended that the California rate could be set as the floor; however, if the GSA reimbursement rate was higher at an out of state location, then that rate would be applied. Council concurred. Council and Staff discussed lodging and meal reimbursements. GSA reimbursement rates were used for meals, not lodging. Section 8 of the policy discussed reimbursement for lodging, and the due diligence in obtaining the most economic and reasonable rate in a safe area if the person was not staying at a conference-sanctioned hotel. Cm. McCormick stated that the policy should address special lodging needs for the disabled. Assistant City Attorney Bakker advised that they would be accommodated regardless under Federal law; however, an explicit statement should be added to the policy. Cm. McCormick stated that the policy should also be flexible to accommodate the needs of people with special diets. The Council and Staff discussed the types of meal reimbursements for which a claim could be submitted, especially how they related to third party meals. The policy would prohibit the reimbursement of third party meals. City Manager Ambrose clarified that the Council desired to cap the daily meal reimbursement at $64 per day for California and to GSA rates outside of California if they were higher than California rates. The Council concurred. Assistant City Attorney Bakker referred to GSA updates and suggested that the policy include a statement that read, "The amounts for per diem meal rates shall be adjusted each year on October 1 st to reflect any changes to the per diem rates published by the U.S. General Service Administration." DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 473 www.ci.dublin.ca.us The Council concurred. City Manager Ambrose confirmed that the Council desired to allow the aggregation of daily meal rates. The Council concurred. Cm. McCormick asked if the $64 could be rounded up to $70. The Council discussed the request and agreed that it should be left at $64 per day. Assistant City Manager Pattillo confirmed that it was the Council's desire to add a section to the Policy stating that reasonable incidental expenses that do not normally have corresponding receipts could be listed on the claim form for reimbursement. The Council concurred. Assistant City Manager Pattillo asked for Council direction regarding personal phone calls. Cm. McCormick advised that her Council business card had her home phone on it, so she would routinely call her home number for business-related messages. She also called occasionally to check in with her husband. Assistant City Attorney Bakker advised that a business call could be reimbursed and, as such, would need to be documented. Assistant City Manager Pattillo advised that, if the Council desired to allow personal phone calls, Staff recommended that a daily dollar cap be applied to make certain it was equitable to everyone under the purview of the policy. Staff's current recommendation was to not allow personal phone calls. The Council discussed the issue of personal phone calls during business travel, as well as hotel phone rates vs. personal cell phone rates, and agreed to allow personal calls with a cap at $10 per day for travel in-state and $20 per day for out-of-state travel. Assistant City Attorney Bakker referred to Cm. McCormick's suggestion regarding accommodating the disabled and suggested adding a provision to the lodging section that DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 474 www.cLdublin.ca.us would state that, in booking travel, it should be ensured that the disabled should be accommodated appropriately. The Council concurred. Assistant City Attorney Bakker clarified that the verbiage prohibiting personal phone calls in Section 12, Prohibited Expense Reimbursements, would be stricken. In Section 9, Incidental Expenses, a statement would be added to allow personal phone calls with a cap of $10 per day for in-state travel and $20 per day for out-of-state travel. Business calls would be reimbursed at actual cost. The Council concurred. Assistant City Attorney Bakker confirmed that language would be added to the effect that in situations where receipts were not readily available for a type of incidental expense, provided that documents are submitted explaining the expense on the reimbursement form, it would be reimbursable. Cm. Hildenbrand referred to the list of prohibited reimbursements and asked if a glass of wine with dinner would have to go on a separate receipt. City Manager Ambrose advised that the alcohol was not reimbursable and could be subtracted from the itemized receipt submitted for reimbursement. The Council discussed past customs at conferences to host a meal for various other public officials, which would not be permissible for any legislative body with the new policy. Each agency would be responsible for their own meals. Cm. McCormick suggested that the modifications proposed by the Council be brought back to the next meeting so the Mayor could comment. The Council discussed the suggestion and agreed to keep the process going. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote (Mayor Lockhart absent), the Council waived the first reading and introduced an Ordinance Amending Chapters 2.16 and 2.18 of and adding Chapters 2.46 and 2.48 to the Dublin Municipal Code relating to the reimbursement of expenses for members of City Commissions and Committees; and adopted, as amended DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 475 www.cLdublin.ca.us RESOLUTION NO. 231 - 05 ESTABLISHING A POLICY REGARDING OFFICIAL TRAVEL AND OTHER BUSINESS AND REIMBURSEMENT OF EXPENSES ASSOCIATED THEREWITH .. Um'INISHED BUSINESS h..dget Amendment for FY 2005-2006 Tn-Valley Business Council Funding 8:12 p.m. 7.1 (330-20) Economic Development Director Chris Foss presented the Staff Report and advised the City Council would consider a $15,000 contribution to support the FY 2005-2006 efforts of the Tri - Valley Business Council. On motion of em. Hildenbrand, seconded by Cm. McCormick and by unanimous vote (Mayor Lockhart absent), the Council approved a Budget Change in the amount of $15,000 from Unappropriated General Fund Reserves to contribute to the Tri-Valley Business Council for IT 2005-2006. .. NEW BUSINESS Consultant Services Agreement with Fehr and leers Associate$, Inc., for the DevelQpment of a Citywide Bicycle ,Master Plan 8:14 p.m. 8.1 (600-30) Senior Civil Engineer Ferd Del Rosario presented the Staff Report and advised that the 2004-2009 Capital Improvement Program included a project to develop a Citywide Bicycle Master Plan, including access to parks and open space areas. The City proposed to hire the services of Fehr and Peers Associates, Inc., to develop the Master Plan. Cm. McCormick asked if the Master Plan was for recreational purposes only. Mr. Del Rosario advised that the Bicycle Master Plan would consist of commuter-type facilities, such as bike lanes for bicycle commuters, as well as trails for recreational purposes. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 476 www.ci.dublin.ca.us Cm. Zika asked how bicycles accidents and collisions would be analyzed. Mr. Del Rosario advised that the Consultant would study collision accident reports provided by Police Services. Based on the results of the report analysis, the Consultant may make recommendations that include Capital projects improving certain facilities or educationalpvo.grams. Cm. Zika expressed concern about bicyclists on the road not following traffic regulations, and recommended that the cause of accidents involving bicyclists be considered, and if there was indication that the bicyclist was the cause of the accident. Mr. Del Rosario indicated that Staff would take that into consideration. Cm. McCormick asked if the Iron Horse Trail was considered a bicycle trail and could be considered a commuter trail. Mr. Del Rosario advised that it was a multi~use trail and would be considered a commuter trail as it led directly to the BART station and several employment centers. Mayor Pro Tem Oravetz agreed that the Master Plan should include how to connect with public transportation so the citizens could use the bike trails in lieu of automobiles. Mr. Del Rosario agreed. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by unanimous vote (Mayor Lockhart absent), the City Council adopted RESOLUTION NO. 232 - 05 APPROVING AGREEMENT WITH FEHRAND PEERS ASSOCIATED, INC., FOR CONSULTING SERVICES FOR THE CITYWIDE BICYCLE MASTER PLAN .. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 477 www.ci.dublin.ca.us 2006 St. Patrick's Day Poster Artwork and load Closures 8:23 p.m. 8.2 (950-40) Recreation Coordinator Lorri Polon presented the Staff Report and advised that the 23rd Annual St. Patrick's Day Celebration was scheduled for the weekend of March 18-19, 2006. The City Council would consider artwork options for the event poster, as well as authorizing street closures for the weekend events. Council and Staff discussed parking issues related to moving the rides to the north end of the Target shopping center from the past use of the Shamrock Village shopping center. Cm. Zika asked if the Lions Club had been approached regarding the change of plans because the rides would now be situated where the parade participants typically disbursed. Ms. Polon advised that the Lions Club had been approached, but she would clarify the issue with them. Cm. Hildenbrand suggested sticking with the Parks & Community Services Commission recommendation to use pictures for the poster instead of an artist's rendering. The Council discussed the photo options and agreed on the photos showing children riding on the Junior Baron ride, Fun Run participants, bagpipers, and Irish dancers. On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote (Mayor Lockhart absent), the City Council selected Option #2 Shamrock poster with photos of children riding on the Junior Baron ride, Fun Run participants, bagpipers, and Irish dancers and adopted RESOLUTION NO. 233 - 05 AUTHORIZING TEMPORARY STREET CLOSURES FOR THE 2006 ST. PATRICK'S DAY FESTIVAL, PARADE AND SHAMROCK 5K FUN RUN & WALK .. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 478 www.ci.dublin.ca.us PrQposed Ex Parte Contacts Policy 8:36 p.m. 8.3 (610~20) City Attorney Elizabeth Silver presented the Staff Report and advised that ex parte contacts are communications or other information, including site visits, received outside the hearing process that are relevant in an adjudicatory matter before City officials. The City Council will consider adopting an Ex Parte Contacts Policy in order to protect against the deprivation of procedural due process rights of parties in administrative proceedings where a property right is at stake. Staff recommended that the Council adopt a resolution permitting ex parte contacts in quasi ~judicial proceedings - or - adopt a resolution prohibiting ex parte contacts in quasi-judicial proceedings - or - provide other direction to Staff. Cm. McCormick asked if the City Attorney would advise the Council when an issue was considered quasi -judicial. City Attorney Silver indicated that a quasi~judicial issue typically occurred during an appeal from a Planning Commission action; however, there were other occasions that it could occur. A memo would continue to be provided to the Council advising them of a quasi -judicial action, and it would now also be included on the City Council agenda. Cm. Zika asked if a Councilmember could do a site field visit if the resolution prohibiting contact was adopted. City Attorney Silver advised that if, under Option #2, a Councilmember went to a site for the specific purpose of looking, the site visit would need to be disclosed. Council and Staff discussed various information gathering scenarios, including site visits and communications, and appropriate levels of disclosure. If the Council wanted to do a site visit, it was important for them to do it as a group, even if it delayed the issue. The Council concurred that Option #2, prohibitinS ex parte contacts, was the better practice as it was important for the entire Council to receive the same information to be fair to the person whose rights were at stake. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote (Mayor Lockhart absent), the City Council adopted DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 479 www.ci.dublin.ca.us RESOLUTION NO. 234 - 05 ESTABLISHING A POLICY REGARDING EX PAKTECONTACTS IN QUASI-JUDICIAL PROCEEDINGS. .. RECESS 8:50 p.m. Mayor Pro Tem Oravetz called for a brief recess. The meeting reconvened at 8:55 p.m. with all Councilmembers present (Mayor Lockhart absent). .. City of Dublin Draft Comment Letter on the Dublin High School Facilities Master Plan Draft Environmental Impact Reoort 8:55 p.m. 8,4 (400-20) Public Works Director Melissa Morton presented the Staff Report and advised that the City Council would consider comments prepared by Staff related to the proposed Dublin High School expansion. At present, the High School is 165,557 square feet and has an enrollment of 1,300 students and 95 staff. The proposed Draft Environmental Impact Report for the Dublin High School Master Plan indicated that at build-out in 2013, the High School would expand to accommodate 2,500 students and 166 staff. The draft response letter expressed concerns related to traffic and circulation, parking and noise. Cm. Hildenbrand asked where the visitor parking would be and if they would be included in the Staff number of spaces. Kim McNeeley, Dublin Unified School District, advised that the current and future Staff lot included visitor parking. Public Works Director Morton advised that, collectively, the two lots would provide enough parking and should be well-signed to incorporate the visitors and students parking at what was originally just a Staff lot. Cumulatively that would provide adequate parking, in Staff's estimation. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 480 www.ci.dublin.ca.us On motion of Cm. Hildenbrand, seconded by Cm. Zika and by unanimous vote (Mayor Lockhart absent), the City Council approved the draft letter in concept and authorized the City Manager to execute letter and transmit to Kim McNeeley, Director of Facilities, Dublin Unified School District. .. Approval of Funding Agreement between the City of Dublin, Bay Area Rapid Transit (BART) District, City of Pleasanton and the County of Alameda for the pJ:'QPOSed West Quplin/Pleasanton IJ~T Station 9:30 p.m. 8.5 (600-40) City Manager Richard Ambrose presented the Staff Report and advised that, in June 2000, the Cities of Dublin and Pleasanton entered into a Financial Memorandum of Understanding (MOm with BART to provide a level of financial assistance to support the West Dublin/Pleasanton BART Station, to be located at Golden Gate Avenue and 1-580. BART is now prosing that a new funding agreement be considered between BART and the Cities of Dublin and Pleasanton and Alameda County to replace the 2000 MOU. The agreement in the Staff Report was in draft form, and Staff recommended that the Council authorize the City Manager, with the advice of the City Attorney, to execute the final agreement, which might include minor amendments, once all four parties to the agreement have commented. City Manager Ambrose distributed projected cash-flow tables and reviewed the sample tables that identified potential revenues. There will be a final table provided in the future. Council and Staff discussed benefits of having another BART Station in Dublin, as well as the timing of the project. BART anticipated having the bonds issued and commencing with construction in early 2006. Cm. Zika stated that Dublin owed a special thanks to former Mayor Pete Snyder and his Council for working tirelessly to get BART to install the infrastructure for this BART station when they had planned to eliminate it. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 481 www.ci.dublin.ca.us On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote (Mayor Lockhart absent), the City Council adopted RESOLUTION NO. 235 - 05 APPROVING A FUNDING AGREEMENT AMONG THE BAY AREA RAPID TRANSIT DISTRICT (BART), THE ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY, THE CITY OF DUBLIN AND THE CITY OF PLEASANTON REGARDING THE WEST DUBLIN!PLEASANTON BART STATION . OTHER BUSINESS 9:16 p.m. Cm. McCormick read a. letter, on the Mayor's behalf, from the Community Foundation of Greater Jackson, Mississippi, in which the Foundation thanked the citizens of Dublin for their generous donation to the Hurricane Katrina relief efforts. Cm. Zika advised that he had attended Breakfast with Santa at the Senior Center a.nd commended Staff for a great event. Mayor Pro Tem Oravetz advised that he had attended a Livermore-Amador Valley Transportation Authority meeting and indicated that ridership was showing a spike. On behalf of the entire City Council, Mayor Pro Tem Oravetz wished the citizens of Dublin a happy holiday, and asked them to keep Mayor Lockhart's family in their thoughts. .. AQjOQJQiMt;NT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:20 p.m. Mayor ATTEST: City Clerk - DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 20, 2005 PAGE 482 www.cLdublin.ca.us