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HomeMy WebLinkAbout07-20-2004 Adopted CC Min REGULAR MEETING - JULÝ 20, 2004 A regular meeting of the Dublin City Council was held on Tuesday, July 20, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. None. .. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. .. PROCLAMATION 7:06 p.m. 3.1 (610-50) Mayor Lockhart read a proclamation welcoming the Valley Children's Museum to the Tri - Valley and encouraged the community to explore and utilize its creative resources. The Proclamation was received by two members of the Board, Genevieve Getman -Sowa and Rick Beaumont, who indicated they started as a grassroots organization by a group of parents and business people. They are pleased to be building a regional facility. .. APPOINI'MENI' OF DUBLIN MEMBERS TO LA VTA'S WHEELS ACCESSIBLE ADVISORY COMMfITEE (W MC) 7:09 p.m. 3.2 (I 10-30) City Clerk Kay Keck presented the Staff Report. W MC Committee members advise the LA VTA Board of Directors on matters relating to WHEELS bus system accessibility and Dial- A-Ride services as they pertain to the elderly and persons with disabilities. Each participating agency appoints two members and one alternate to the Committee. At this time, the Mayor recommends the aepointment of CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 354 Wendy Lockhart to a two-year term (expiring in June 2006) as one of the City's member representatives and the appointment of current alternate Shawn Costello to member status for a one-year term (expiring in June 2005). There are currently no applicants to fill the alternate member seat. On motion of Cm. Oravetz, seconded by Vm. Zika, and by unanimous vote, the Council confirmed the appointment of Wendy Lockhart as a member with a 2-year term and Shawn Costello as a member with a I-year term on the W AAC. .. CONSENI' CALENDAR 7:11 p.m. Items 4.1 through 4.10 On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of June 28, 2004; Adopted (4.2 600-30) RESOLUTION NO. 135 - 04 APPROVING AMENDMENT TO AGREEMENT FOR GENERAL ENGINEERING SERVICES WITH SNG & ASSOCIATES, INC. Adopted (4.3 600-30) RESOLUTION NO. 136 - 04 APPROVING AMENDMENT TO AGREEMENT WITH T JKM TRANSPORTATION CONSULTANTS Adopted (4.4 600-30) RESOLUTION NO. 137 - 04 APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH OMNI-MEANS CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 355 Adopted (4.5 600-30) RESOLUTION NO. 138 - 04 APPROVING AMENDMENT TO AGREEMENT FOR GEOTECHNICAL SERVICES WITH BERLOGAR GEOTECHNICAL CONSULTANTS Adopted (4.6 600-30) RESOLUTION NO. 139 - 04 APPROVING AMENDMENT TO AGREEMENT FOR ASSESSMENT DISTRICT LANDSCAPING MAINTENANCE SERVICES WITH TRUGREEN LANDSCAPE Adopted (4.7 600-30) RESOLUTION NO. 140 - 04 APPROVING AMENDMENT TO AGREEMENT FOR CIVIL ENGINEERING AND LAND SURVEYING SERVICES WITH RBF CONSULTING Authorized (4.8 515-20) the City Manager to execute an Agreement with the Dublin Unified School District for Technical Support under the Computers for our Schools Project; Adopted (4.9 600-30) RESOLUTION NO. 141 - 04 APPROVING AGREEMENT FOR ENGINEERING SERVICES WITH ZUMWALT ENGINEERING GROUP Approved (4.10 300-40) the Warrant Register in the amount of $2,228,646.96. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 356 PUBLIC HEARING - BANCOR PROPERTIES TRALEE PLANNED DEVELOPMENI' REZONE STAGE 1 AND STAGE 2 DEVELOPMENI' PLAN, VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW PA 02-062 7:11 p.m. 6.1 (450-30/600-60) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report and advised that the Applicant is applying for a Stage 1 and 2 Development Plan for the 10.61-acre site located north of Dublin Boulevard and west of Dougherty Road. Approval of the Planned Development Rezone would provide for a mixed-use project that includes constmction of residential townhouse-style condominium units on the site of a 104,000 square foot existing retail/ commercial building (former Pak 'N Save site). Cm. McCormick asked about the loft units. Ms. Ram advised that the applicants would address this in their presentation. Vm. Zika asked if the parcel will be split into 5 different lots. How many children are we projecting? Ms. Ram responded yes. We project 47 students between Kindergarten and 12th Grades. Michael Banducci, with Bancor Properties, stated they are excited to be here. They put in the offer to buy this property in July 2001. Three years later, here they are. This is an incredible parcel for a mixed use project. The site is very central to the whole City. They want to create a main street feel with residential which creates a community feeling. John Walder, with Turner Vasquez Architectural Firm, stated mixed use urban infill projects are exciting. They recently completed a project in Oakland near the Fmitvale BART Station. The Village Center was described. They will use a main street concept using the mral past of the community with retail tenants at ground level and residential above. The fourth floor of the buildings will have loft units with roof decks. Gary Layman, with Gizardo Partners, discussed public spaces within the project. They created a large frontage for residents and shoppers. There will be an entry court plaza off Dublin Court which goes through the central space. There will also be a bocce ball court. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 357 Mr. Banducci stated Condition # 69 of the Resolution approving the Vesting Tentative Map and Site Development Review currently states approval is required prior to installation; completion prior to first occupancy. They would like to change this to approval required prior to installation; completion prior to the occupancy in the Village Center Phase 2. On plans sheet 4 they are providing BMR units and the mix for 1 bedroom units is one BMR. There will be 53 total of the 816 square feet units. Vm. Zika asked why they broke it into 5 lots? Mr. Banducci stated it made it simpler for mapping with the condos and there maybe different pads and retail out front. It gives them more flexibility for mapping. Vm. Zika asked if they plan to have 3 different homeowner associations? Mr. Banducci stated they will probably have one, but with different budgets. Everything is community oriented. Some of the retail employees will have access to recreational opportunities. They will partner with a big national homebuilder. Vm. Zika asked about a timeframe. Mr. Banducci stated the whole site will be graded as one plan and all utilities and streets will be put in at the same time. The townhomes could be built first. Main street and retail will lag sometime later. Models could be open by the end of summer next year. In three to five years, the project could be completed. They will keep retail on the ground floor. Vm. Zika asked about potential tenants. Mr. Banducci stated they have had a strong interest, but because they don't have a project approved yet, they can't sign agreements. Cm. Oravetz stated he was concerned about some of the flow of traffic. With regard to the comment about a short bus ride to Hacienda Crossings, he asked about the location of a bus stop. Mr. Banducci indicated where the bus stop will be and stated they will contribute to funding for a bus stop. Cm. Oravetz stated this is a paradigm shift for Dublin and a really nice project. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 358 Cm. Sbranti asked about placement of the pads, in particular the one located far to the west. He also questioned the interface of residents with gas station and Dougherty Road in terms of design features and noise and how will vegetation be used to mitigate? Mr. Banducci stated the City hired a noise consultant to study this. They added some parking and shifted a building over and widened the landscaping area. Noise is really not an issue; it is more visual. Cm. McCormick stated recently we have been building bus shelters as works of art and she stated she hopes they will participate. Mr. Banducci replied as long as it doesn't look like the one over by McDonalds, they will build it. They will design a nice structure that will complement their theme. Cm. McCormick asked about affordable housing and if everybody has balconies. She noted the affordable units have been integrated in the middle. Mr. Banducci stated corner units are typically larger. Their goal is that everybody have balconies. Jeff Main stated he owns a building at 6955 Sierra Court and 150 people are employed there. This is an excellent project and will Provide a welcome addition as his employees don't have much choice of places to walk to during lunch. This will also provide opportunities for his employees to live closer. This will be a real asset to Dublin. Mayor Lockhart closed the public hearing. Mayor Lockhart talked about the units that face Sierra Court. We have a couple of big trucks that like to park down there. She stated she was initially concerned, but nobody will move there without seeing what's happening. This is such a higher and better use for this property, that it overrides her concerns. Things will change gradually. She stated she also considered the loss of major retail in this area. We have added large retail and she felt we have more than compensated. Her goal is to offer residents as many different types of living as possible. She is very impressed with this project and happy to support it. Vm. Zika felt this is a beautiful project and appreciates what they have done. It is the right project in the wrong place. Putting homes right in the middle of an industrial area will result in zoning and enforcement problems. Right next door we have M 1 zoning and there is nothing we can do to change this. We have another Hooter's problem CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 359 waiting to happen. It puts more traffic at a busy intersection. Children will have to be driven to Nielsen or Dublin Elementary because Frederiksen is full. He asked for a caveat requiring all purchasers to sign a disclosure statement acknowledging that their home is in the middle of an industrial area. He also asked them to move units facing Sierra Lane to somehow be internal facing. He also requested that we get a Development Agreement on this, so it is completed in 3 years. Cm. Oravetz stated he is in full favor of the project and congratulated Mr. Banducci. This will give our City some body and real structure; especially where it is located. Cm. Sbranti stated he is really looking forward to this project coming online. It will enhance our community. He discussed the sales tax issue and also traffic at this location. There would be 9,500 trips with retail and this project generates 3,850 trips per day. We have done things with commercial that will enhance our tax base. This reduction in trips is beneficial and balances housing and growth. With regard to M 1 zoning right there, people have to know what they are getting into. People who buy into these neizhborhoods know going in. Cm. McCormick stated she has been waiting for this for several years. It is a beautiful and fabulous project. A lot of people enjoy this type of industrial high energy environment. Mayor Lockhart stated she did not have a problem with changing condition #69. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by majority vote, the Council adopted RESOLUTION NO. 142 - 04 ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE BANCOR PROPERTIES TRALEE PROJECT PA 02-062 Waived the reading and introduced an Ordinance amending the Zoning Map to Rezone Property and approving a related Stage 1 and 2 Development Plan (with correction of typo related to BMR 1); and adopted (with change to Condition # 69) CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 360 RESOLUTION NO. 143 - 04 APPROVING THE VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR TRALEE DEVELOPMENT PROJECT PA 02-062 (TRACT 7457) Vm. Zika voted in opposition to the motion. .. PUBLIC HEARING - GENERAL PLAN AMENDMENI'S PA 02-062 & PA 02-063 FOR BANCOR PROPERTIES TRALEE AND SAN RAMON VILLAGE PLAZA PROTEcrs 8:11 p.m. 6.2 (420-30) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report and advised that this proposed GPA consists of a change in General Plan text to create a new Mixed-Use Category in the Primary Planning Area of the General Plan, and a change in land use designation for two properties within the Primary Planning Area from Retail Office to Mixed-Use to provide for the construction of mixed use developments on each site located at 661 7 Dublin Boulevard (former Pak 'N Save Shopping Center) and 8909 San Ramon Road (San Ramon Village Shopping Center). Cm. Sbranti asked if, in looking at Camp Parks, if we end up with park land, will this go toward erasing the park deficit? Mr. Ambrose explained that the Council has identified 6 potential sites and any additional land you include in Parks & Recreation Master Plan will go toward the deficit. It can be erased in a number of ways. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Vm. Zika stated he will vote against this, but does support the San Ramon Village project. We only get 4 General Plan amendments a year so they're combined. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 361 On motion of Cm. Sbranti, seconded by Cm. McCormick, and by majority vote, the Council adopted RESOLUTION NO. 144 - 04 APPROVING AMENDMENTS TO THE GENERAL PLAN FOR THE TRALEE PROJECT PA 02-062 AND THE SAN RAMON VILLAGE PLAZA PROJECT PA 02-063 BY ADDING A NEW MIXED USE LAND USE CLASSIFICATION IN THE PRIMARY PLANNING AREA AND AMENDING THE LAND USE MAP FOR THESE PROJECT SITES ACCORDINGLY Vm. Zika voted against the motion. .. PUBLIC HEARING CERTIflCATION OF INITIAL STIJDY /MmGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TASSAJARA ROAD/fALWN ROAD ULTIMATE RlGHf-OF-WAY ALIGNMENT, AND ESTABLISH ULTIMATE RIGHT-Of-WAY LINES FOR TASSATARA ROAD & FALLON ROAD 8:21 p.m. 6.3 (820-90) Mayor Lockhart opened the public hearing. Senior Civil Engineer Michael Stella presented the Staff Report and advised that the proposed ultimate right-of-way lines for Tassajara Road and Fallon Road will establish a right-of-way alignment for the future widening of Tassajara Road to six lanes, and the future northern extension of Fallon Road to four lanes, pursuant to Dublin Municipal Code Chapter 7.68 and Mitigation Measure 3.3/14.0 of the Eastern Dublin Specific Plan EIR. Mr. Stella reviewed the location map, the Initial Study/Mitigated Negative Declaration, with attached comments ~nd responses, and the Mitigation Monitoring and Reporting Program. ConsultantJeny Haag, who prepared the initial study, discussed the process. Zone 7, DSRSD, the Fire Department, and the Department of Fish & Game submitted comments to which we responded. They feel confident all the mitigation measures will be carried out. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 362 Mayor Lockhart asked what happens when this road meets Contra Costa County? Mr. Stella explained how this will work. We anticipate that they will also build a 6 lane arterial which will meet up with ours because of all the development occurring in the Dougherty Valley. They are currently paying a fee to the City of Dublin to pay for future construction of this road. Vm. Zika stated when he was on the TVTC, Contra Costa County was insistent, based on a political decision, that this remain a 4 lane road. We can only deal with this so much. Cm. Sbranti asked if we should send a letter saying we hope they will carefully review this. Mayor Lockhart stated she felt it is a good idea to communicate with them, or sit down and talk to them about this. Cm. McCormick addressed Tiger Salamanders and survival through all of this. The final comment is for curb cuts to be installed on both side of the storm drain to allow for them. Is this acceptable practice? Mr. Stella replied he understands this is an acceptable practice. It is not our intention to jeopardize their habitat through this road construction. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 145 - 04 CERTIFYING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TASSAJARA ROAD/FALLON ROAD ULTIMATE RIGHT-OF-WAY ALIGNMENT and waived the reading and introduced an Ordinance to establish ultimate right-of-way lines for Tassajara Road and Fallon Road. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 363 PUBLIC HEARING CITYWIDE STREET LIGHTING MAlNfENANCE ASSESSMENT DISTRICT 83-1 8:41 p.m. 6.4 (360- 50) Mayor Lockhart opened the public hearing. Senior Analyst Ginger Russell presented the Staff Report and advised that this assessment district funds the maintenance of the City's street lighting system, except for lights in Dublin Ranch and Tract 7067 (Clifden Pare). This action would approve the Engineer's Report and levy of assessments for 2004-05. The assessment for this District is not proposed to increase above the 2003-04 level. Ms. Russell indicated that Consultant Amy Roeblin and Bob Cantrell with MCE were in the audience to answer any questions. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 146 - 04 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 . PUBLIC HEARING LANDSCAPING &; LIGHTING DISTRICf NO. 83-2 (TRACT 4719-STAGECOACH ROAD) 8:43 p.m. 6.5 (360-20) Mayor Lockhart opened the public hearing. Senior Analyst Ginger Russell presented the Staff Report and advised that this assessment district funds the maintenance of street-side landscaping along Stagecoach Road and on the interior slopes of the Dublin Hills Estates development. This action would approve the Engineer's Report and levy of assessments for 2004-05. The assessment for this District is proposed to increase 0.5% above the 2003-04 level in accordance with the terms of the Engineer's Report previously approved by property owners. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 364 No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 147 - 04 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD) .. PUBLIC HEARING LANDSCAPING &, LIGHTING DISTRICT NO. 86-1 ~VILLAGES AT WILLOW CREEK) 8:45 p.m. 6.6 (360-20) Mayor Lockhart opened the public hearing. Senior Analyst Ginger Russell presented the Staff Report and advised that this assessment district funds the maintenance of street-side landscaping along portions of Dougherty Road and Amador Valley Boulevard and certain common area landscaping within the Villages at Willow Creek development. This action would approve the Engineer's Report and levy of assessments for 2004-05. The assessment for this District is proposed to increase 0.5% above the 2003-04 level in accordance with the terms of the Engineer's Report previously approved by property owners. 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 Vm. Zika, and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 365 RESOLUTION NO. 148 - 04 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES @ WILLOW CREEK) Cm. Oravetz commented this is his neighborhood and maintenance has improved there. He complimented MCE. .. PUBLIC HEARING LANDSCAPING & LIGHTING DISTRICT NO. 97-1 (SANfA RITA ~) 8:48 p.m. 6.7 (360- 20) Mayor Lockhart opened the public hearing. Senior Analyst Ginger Russell presented the Staff Report and advised that this assessment district funds the maintenance of street-side landscaping within the Santa Rita development area, which is generally bounded by 1-580, Gleason Drive, Arnold Road and Tassajara Road. This action would approve the Engineer's Report and levy of assessments for 2004-05. The assessment for this District is not proposed to increase above the 2003-04 level. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 149 - 04 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 366 PUBLIC HEARING DUBLIN RANCH STREET LIGHI1NG MAINTENANCE ASSESSMENT DISTRICf NO. 99-1 8:49 p.m. 6.8 (360-20) Mayor Lockhart opened the public hearing. Senior Analyst Ginger Russell presented the Staff Report and advised that this assessment district funds the maintenance of the City's street lighting system in Dublin Ranch and Tract 7067 (Clifden Parc). This action would approve the Engineer's Report and levy of assessments for 2004-05. The assessment for this District is not proposed to increase above the 2003-04 level. No testimony was entered by any member of the public relative to this issue. Mayor I.ockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Vm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 150 - 04 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AND TRACT 7067) .. Mayor Lockhart announced that Item 8.5 would be moved forward on the agenda and heard as the next item. RECESS At 8:51 p.m., Mayor Lockhart called for a short recess. The meeting reconvened at 8:58 p.m., with all Councilmembers present. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 367 RELEASE OF REQUEST FOR PROPOSALS (RfP) FOR SOLID WASTE SERVICES 9:26 p.m. 7.1 (810-10) Senior Analyst Jason Behrmann presented the Staff Report and explained that the City Council is being asked to review, approve and authorize the release of the Request for Proposals (RFP) package for solid waste services beginning July 1,2005. The RFP for solid waste services requires the winning proposer(s) to reimburse the City for all costs incurred to administer the competitive proposal process, including consulting and legal fees, Staff time, etc. According to the current project schedule, Staff intends to award the new Agreements no later than November 2004. It is anticipated that the City would receive the funds by the end of calendar year 2004. The Council was also asked to provide direction on Process Integrity Rules, proposed evaluation process and Measure D funding for waste transferred out of the County for disposal. RFP Summary sections 1 through 7 were discussed, which includes: Section 1 - Introduction to RFP Documents; Section 2 - City Information; Section 3 - General Instructions; Section 4 - Proposal Preparation Instructions; Section 5 - Collection Service Agreement; Section 6 - Disposal Service Agreement; and Section 7 - Proposal Forms. Mayor Lockhart asked if there is a possibility of raising the diversion percentage rate and if this could be tied into the contract? Mr. Behrmann stated we can write in anything we want, but this could potentially have an impact on rates. We would have to look at the penalties for not meeting the diversion rates. Cm. Sbranti agreed and asked if they could evaluate it somehow annually or every couple of years. Cm. Oravetz stated he felt technology will change and there may be ways of Çf.oing things to meet our goals 6 or 7 years from now that we haven't even thought of. Mr. Behrmann stated we could put in language to open this up for evaluation somehow. Cm. McCormick discussed trucks that use alternate energy sources. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 368 Mr. Behrmann advised that we are requiring them to submit a proposal using alternate source vehicles so we can compare this with natural gas vehicles. Cm. McCormick commented that in Article 20 in the agreement, related to worker retention, we don't say anything about prevailing wage. Mr. Behrmann stated there is no language and we don't require prevailing wages on most of the contracts the City enters into. He explained that the reason for leaving this out is that most of the companies in the Bay Area, or about 90% are union and they already pay prevailing wages. BFI on the Peninsula pays higher than prevailing wages. There is an administrative burden on Staff to do this and we did not feel this was a needed element. Cm. Sbranti stated he would be concerned if someone came in with a lower cost that uses non union labor. What protection do we have to safeguard the general salary ranges we have? Mr. Behrmann stated we have the worker retention language in now. Regardless of proposals we receive, if someone low balls it and uses non-union labor, we are not compelled to go with that company. These are not sealed bids. We will carefully review each proposal. Mr. Ambrose explained that this is why this is an RFP process because there are so many aspects to analyze. The Council discussed the multi-family program for used oil and filters. They requested that Staff find out costs for this program and move this to a separate cost item. The food waste program was discussed; including commercial, home daycare facilities, etc. Vm. Zika stated Pleasanton has a pilot program that is pretty successful. Process Integrity Rules process was discussed. This is totally optional and has been implemented in a number of cities. Measure D funding issues were discussed. Mr. Behrmann stated if it goes out of the County, there is nothing that requires us to pay the Measure D fee. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 369 Mr. Behrmann started we are getting more than 50% back because it is based on population and we're not sending as much to the landfill. Vm. Zika asked about the $1.25 tipping fee. Mr. Behrmann stated this only goes to the Altamont Landfill. Mr. Behrmann discussed evaluation criteria. Weighting could be determined before or after the process. Mr. Behrmann advised that Consultant Steve Harriman was present to answer any questions. Mayor Lockhart commented on out of County issue. We have two landfills in our County. Dublin has benefited greatly from the Waste Management Authority. There are so many opportunities for them to help us get where we need to be. Their goal is not 50%, but 75%. Consider keeping landfill- would not like to see us change our responsibilities to the County in keeping those programs going that are beneficial to us. Larry Dias, Teamster Representative, stated he was there representing garbage workers. He only received the RFP process today. Job security and prevailing wage are generally the only two issues that concern the workers. In his messages to the City Council, he talked about a postponement today. He is not looking to hold up our process, but concerned with complexity of what's been put into this RFP because it is inaccurate. He discussed the importance of prevailing wage to the workers. There are 6 companies in the Bay Area and all have this in the contract. One company did not agree to the provision to protect workers. It is not true that you are on your own as to providing prevailing wage. Last year a new law was passed by the State related to payment of prevailing wages to the garbage industry. This is an almost automatic standard. Union or non-union has nothing to do with this. They are only asking that workers be protected. He commented this is one of the more objective RFPs that he has seen. Most cities will try to implement new service in the spring or fall, during the slower part of the year. This one begins in July. The way it is written, nobody is covered and the companies can't successfully bid. He would like to work with Dublin on behalf of the workers. The City Council asked Staff to address the prevailing wage and protection of workers issues. Can other language be added? CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 370 Mr. Behrmann stated most of the companies in the Bay Area pay prevailing wages, so they do not see this as a problem. Mayor Lockhart asked why we can't just put this language in the contract? For her, worker protection is very important. Can this be a simple fix? Mr. Hutchinson, Consultant, stated they did discuss this at length and felt it was highly unlikely that we would get any proposals that didn't already have prevailing wage provisions. He stated he thought the City would have to establish its own prevailing wage rates. Experience has shown that every time there is a replacement, the other companies did offer comparable benefits and wages and the workers were very happy to move over. Situations in San Jose and Santa Rosa were discussed. Companies do change. John Bakker stated he was not familiar with the new state law. Cm. Sbranti stated he felt we should just put in the language. Cm. McCormick asked if we could put in language that says refer back to current collective bargaining wage. Cm. Oravetz stated they do not want to see people lose their jobs, but without creating more work for City Staff, could they say they prefer this? Mr. Hutchinson clarified they are interested in wages that are at least as high as they currently pay? This could be mandated in the contract, or we could tell people if they don't guarantee this, it will be reflected in their evaluation. The City Council stated they want it in the contract. Cm. Sbranti discussed sub-contracting. Mr. Behrmann stated they have to disclose this in their submittal. Article 20 requires them to make a good faith effort to hire existing employees. Mr. Ambrose stated flexibility is important because companies may approach things differently. Mr. Dias stated the City Council had just been given misinformation. He could have language from his legal staff by noon tomorrow. San Jose has protected the workers, but it is the reason the law was enacted. Five of the 6 employers have agreed to accept CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 371 other's employees, but the other one hasn't. There is a law. Santa Rosa has had 3 strikes. This could be more appropriately done by resolving technical issues away from a City Council meeting. Mayor Lockhart stated we have been talking about this for a year. The fact that he came at the last minute is not the City Council's problem. Mr. Dias stated as an interested party, he could have been notified. Cm. McCormick again stated she felt prevailing wage language could go in. Mr. Ambrose stated our special legal counsel can work at putting some language together and bring back to the next meeting. Cm. Sbranti referenced page 56 of the RFP and stated he felt "just cause" could be further defined. On the first line, increase this to 6 months. Mr. Behrmann stated this would greatly affect our timeline. City Staff could work out some language. Mr. Ambrose advised that we can instruct our legal counsel regarding language and move forward. Mr. Behrmann advised that there will be a pre-bid conference and the proposers at that meeting can raise objections and we can make comments to the City Council without slowing the process. Mayor Lockhart asked if composting is mentioned anywhere? Mr. Behrmann replied yes, we require composting of all green waste as well as food waste. Mayor Lockhart stated hopefully someday we will have an Alameda County composting facility. Mayor Lockhart stated with regard to the evaluation process, she likes the double blind with weighting at the end. This makes for a fairer proposal. The City Council agreed. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 372 Mayor Lockhart stated with regard to Measure D funding, we should step up to our commitment and make sure we are paying our Measure D funding. This is valuable to our City to have this. The City Council concurred. Cm. Sbranti discussed the importance of the gathering of infonuation. Mayor Lockhart stated any discussion will be before the City Council, so everyone is given the same information. It will all happen in public. Cm. Oravetz commented it levels the playing field. Vm. Zika stated it also continues the integrity of the Brown Act. In summary the Council supported yes on the Process Integrity Rules, yes on Measure D funding and to not include the weighting factors in the RFP document. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council approved release of the RFP package in substantially the form presented with prevailing wage provision language added, increase worker retention from 90 days to 6 months and add word "just" cause, go forward with Process Integrity Rules, stay in Measure D funding, and go with Option 2 double blind process on the evaluation. .. CONTINUANCE OF DISCUSSION ON mE DONLON WAY HISTORIC AREA 10:45 p.m. 7.2 (910-40) Associate Planner Kristi Bascom advised that Staff is completing an analysis of several approaches to planning in the historic area and is summarizing several options (along with the cost implications thereof) for the City Council's review at the August 3, 2004 Council meeting. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council continued this item to the August 3rd City Council meeting. . CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 373 APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) REGARDING TIlE SAN FRANCISCO BAY AREA INTERIM CENfER- TO-CENTER PROGRAM 10:46 p.m. 8.1 (I 060-80) Senior Civil Engineer Ray Kuzbari presented the Staff Report and advised that this item is to allow the City of Dublin to participate in the development of a Center-to-Center System that will enable the exchange of traffic information between the 1-580 Smart Corridor system and other Smart Corridor systems in the San Francisco Bay Area for the purpose of improving regional transportation management and ensuring accuracy and timeliness of travel information to the public. The Metropolitan Transportation Commission (MTC) will serve as the Program Manager, with no cost to the City associated with administering the proposed Center-to- Center Program. City Staff will be expected to participate in a technical advisory committee, which will meet at least every 6 months to discuss Program and corridor- specific issues. Vm. Zika stated he was concerned that the Pleasanton representative hardly ever shows up, has own agenda, and we may not have a vote. Their goals are not the same as ours in the Valley. He advised that we watch this very carefully. These start out as MOUs and then take on a life of their own. We have no representative on the executive committee, only on the technical committee. Mr. Ambrose pointed out we are talking about data exchange. Cm. Sbranti suggested if we see they are going in a direction we can't support, then we can pull out. The Council agreed that we should keep an eye on the policy committee. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 151 - 04 APPROVING MEMORANDUM OF UNDERSTANDING (MOU) FOR SAN FRANCISCO BAY AREA INTERIM CENTER-TO-CENTER PROGRAM .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 374 APPROVAL OF DRAIT CI1Y GOALS FOR THE STRATEGIC COMMUNI1Y VISIONING PROCESS FOR FlITURE PRIVATE DEVELOPMENT OF CAMP PARKS 10:52 p.m. 8.2 (610-20) Associate Planner Kristi Bascom presented the Staff Report and advised that Staff developed a draft list of City goals and is seeking Council direction on whether the list is inclusive of the Council's concerns and aspirations regarding future private development on 182 acres at Camp Parks. Draft Goals are: 1. Plan should have a net positive fiscal impact on the City. 2. Plan sho¡¡ld provide a strong connection between the eastern and western parts of the City while also evaluating a "village" concept. 3. Plan should link to the Transit Center and BART. 4. Plan should provide a unique feature - either publicly or privately funded - which strengthens the image of the City and further increases the quality of life for residents and/or strengthens Dublin's position as a destination. 5. Plan should accommodate some unmet public agency/public facility needs. 6. Analysis of the land use plan should look at the property itself as well as the impact of developing the property on other parts of the City in relation to traffic, market demands, fiscal impacts and schools. 7. Plan should consider a new route between Dougherty and Arnold Roads to accommodate new development. 8. Plan should provide an attractive transition between the Camp Parks RITA and private development. Staff requested that the Council provide direction on the draft goals for the Camp Parks Strategic Visioning Process. The Council felt Staff did a good job on this and came up with a great list. Cm. McCormick stated she wants to make sure it coincides with our vision. Cm. Sbranti discussed #6 and stated constraints need to be analyzed with any final decision about what we want to do. We need to analyze Camp Parks in light of what we already have planned in the east and in the west. We can't look at this solely in a vacuum. . CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 375 DESIGNATION OF AGENCY LABOR NEGOTIATORS UNREPRESENI'ED EMPLOYEE: cm MANAGER 10:58 p.m. 8.3 010-30/600-30) Mayor Lockhart advised that this item provides for the designation of two members of the City Council as the City's representatives to discuss conditions of employment, including salary and fringe benefits, for the City Manager. Last year's designated team was Cm. McCormick and Cm. Oravetz. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council designated Mayor Lockhart and Vice Mayor Zika to negotiate with the City Manager. .. AGREEMENT WITH THE TRI- VALLEY CONVENTION & VISITORS BUREAU 10:59 p.m. 8.4 (600-30) Economic Development Director Chris Foss presented the Staff Report and advised that this proposed agreement outlines the services provided by the Tri-Valley Convention & Visitors Bureau to the City of Dublin in return for the City's Fiscal Year 2004-05 financial contribution of $56,555, which was approved in the FY 2004-05 Budget. Cm. Sbranti asked if there is anything substantially different from last years agreement? Mr. Foss stated we will continue to provide an annual report. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the agreement and authorized the City Manager to execute. .. SHANNON COMMUNI1Y CENI'ER IMPROVEMENI'S 8:59 p.m. 8.5 (600-30) This item was heard out of order - prior to Item 7.1 Parks & Community Services Director Diane Lowart presented the Staff Report which provided an analysis of the condition of the Shannon Community Center and reviewed CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 376 options related to building repair or replacement, along with recommendations for consideration to deal with· activity space and Staff office space. Ms. Lowart summarized that Staff requested that the Council provide direction on community center building options. If the community center is rebuilt, Staff requested direction on programming options; approve placement of modular buildings at Emerald Glen Park and modifications to Library Expansion space for Staff offices; adopt Resolution approving finding of emergency allowing waiver of competitive bid process and emergency contract for lease of modular building; approve Budget Change in the amount of $182,985; and approve Change Order with Valley Crest Landscape Development in the amount of $23,392.32. Building Remediation (estimate) - $3.9 to $5.3 million Building Replacement (estimate) - $5.9 to $7.8 million Capital Cost of Alternate Activity/Office Space - $182,985 Ms. Lowart discussed the 5 options. She advised that there are 60 hours of classes and programs scheduled at Shannon each week. Ms. Lowart advised that John Crosswhite from Zahn Group, Herma Lichtenstein, Gregory Shreeve and Paul McCreary were present to answer questions. Vm. Zika asked about the fault line which runs through the site. Ms. Lowart stated there is no problem if we rebuild in the current site. Movement would require further investigation. Mayor Lockhart stated she is in favor of rebuilding on the current site. This makes sense economically and also from a time standpoint. This is vital to this side of the community. She will be excited to design something that meets our needs today. She supports option #2. It would be a good idea to look at both community centers at the same time. Putting modular buildings at Emerald Glen Park is a good idea. She stated she was originally interested in looking at a third to house Staff, but learned that there would be power problems with a third modular. Also, she doesn't want to detract from the next phase of development of Emerald Glen Park. Cm. McCormick agreed with option #2. Speaking as a volunteer, the Shannon Center building has not been pleasant many times. This is a wonderful opportunity for the area and she stated she supports rebuilding on the site. She was concerned about using the Library space for such a long time. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 377 Ms. Lowart pointed out we did not expect the Library expansion space to be utilized during the life of the current five-year CIP. Mr. Ambrose advised that we are occupying about 1,300 square feet and we still have about 6,000 square feet on the other side of the building. Cm. Sbranti asked about hours of the Library and impact on their hours. Ms. Lowart advised that we are open 8 a.m. to 5 p.m. We can access the expansion space without having to activate the alarm through the rest of the Library. People know they're there even though they are not in the hub of activity. They will get adequate foot traffic. A computer in the lobby is all ready to go. Vm. Zika complimented Staff for doing an outstanding job in placing these programs elsewhere in a very short time. Ms. Lowart stated her Staff did a tremendous job in dealing with the situation and the community responded very well. We have a great community. Cm. Oravetz stated he supports option a and option b. He absolutely wants to keep it in the same location. Let's go forward and rebuild. Cm. Sbranti stated he supports option 2, a new building on the existing building site. We need to make sure this doesn't happen again. Creek issues need thorough analysis. Ms. Lowart stated the engineers have looked at the situation with water intrusion and they feel we can construct a new building where we won't have these problems again. Cm. McCormick asked·if we have to move the art piece. Ms. Lowart responded no, we do not. We will try to maintain the parking lot, the playground, and public art in their current locations. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council selected oPtion 2, approved placement of 2 modular buildings at Emerald Glen Park; approved modifications to Library Expansion space for Staff offices; and adopted RESOLUTION NO. 152 - 04 APPROVING FINDING OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR LEASE OF MODULAR BUILDINGS (MOBILE MODULAR) CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 378 . approved Budget Change in the amount of $182,985; and approved Change Order with Valley Crest Landscape Development in the amount of $23,392.32. .. 9:26 p.m. Item 7.1 on the agenda was heard next. . OTHER BUSINESS 11 :00 p.m. Cm. Oravetz advised that LAVTA will appoint a new director, Barbara Duffy, a Pleasanton resident who has been with LA VTA for a long time. He announced that he will seek another 4 years on the City Council. He wants to be a part of work still to be done, and will throw his hat in the ring. Vm. Zika thanked Chief Thuman and his Staff for National Night Out at Alamo Creek Park. He stated the Mayor did an excellent job at the Mayors Summit this afternoon. We look good. He stated we have achieved Level F on 1-580 in both directions. Cm. Sbranti stated he attended the National Night Out event and he felt Mayor Lockhart did an excellent job today. Cm. McCormick congratulated Mayor Lockhart who did us proud today. She advised that the cemetery plan will be presented at the next Tri-Valley Council meeting in September. Mayor Lockhart stated she felt this plan and an update on the public service memorial program would be beneficial. She stated she appreciates the work by Cm. McCormick and Cm. Sbranti on these projects. Mayor Lockhart stated at some point she would be interested in a City Council discussion and Staff input on what to do about car washes in our community. They just CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 379 continue to happen. This past weekend, there was one at Dublin Boulevard and Dougherty Road. There was fundraising going on, and in most cases, these are not even Dublin groups. Mr. Ambrose stated Staff met and discussed this this week and we are taking steps to immediately educate and notify and enforce the Regional Stormwater Ordinance. He has seen this at a number of locations. There are problems with violations of the Ordinance and in some cases they are dangerous with kids out in the streets. Cm. McCormick asked if there is a fine involved. Ms. Morton stated there are some pretty large fines. They want to do outreach to business owners who are sponsoring this unknowingly. This is a violation of the Storrnwater Ordinance in the City. Professional car washes in the City have connections that ensure the water is not directly discharged into the storm system. Mayor Lockhart reported that the Lifestyle Furniture Store at the old Pak 'N Save site, every weekend, has huge signs all along the hedges that front Dublin Boulevard. This is not fair for them to take advantage of this on the weekends when code enforcement is not working. She asked that Staff look into this. +. ADTOURNMENI' 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:10 p.m. A TIEST: '~ CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 380