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HomeMy WebLinkAbout06-21-2005 Adopted CC Min It£,GULAR MEETING - dUNE 21. 2005 CWSED SESSION A closed session was held at 6:30 p.m., regarding: 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Government Code Section 54957 Title: City Attorney .. A regular meeting of the Dublin City Council was held on Tuesday,June 21, 2005, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart. ABSENT: None. .. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. .. REPORT ON CWSED SESSION ACTION Mayor Lockhart reported that no action was taken. .. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 24R MAYOR'S APPOINTMENT OF STUDENT MEMBER TO PARKS &: COMMUNITY SERVICES COMMISSION 7:05 p.m. 3.1 (110-30) Ten applications were received for the student member to the Parks & Community Services Commission for a term beginning July 1, 2005. The Mayor recommended the appointment of Brianna Hart. On motion of Cm. Hildenbrand, seconded by Vm. Zika, and by unanimous vote, the Council confirmed the Mayor's appointment of Brianna Hart as student representative to the Parks & Community Services Commission. .. CREEKSIDE MEMORIAL PARK CEMETERY PRESENTATION 7:05 p.m. 3.2 (420-50) City Manager Richard Ambrose stated over the last 2 years, the 5 Tri-Valley Cities have participated in a series of meetings to discuss the common need for added cemetery space, regionally. In November 2004, the Corrie Development Corporation made a presentation at the Tri-Valley Council meeting regarding the status of their proposed 212.6 acre cemetery project in unincorporated Contra Costa County on Camino Tassajara near the common Contra Costal Alameda County lines. Jim Parsons with PA Design Resources, representing Corrie Development provided a presentation describing the proposed regional cemetery project. He also introduced Pete Kline from Corrie Development. Vicinity maps were displayed. They are making this presentation to each of the cities. Hopefully by August they will have their application ready to submit to Contra Costa County. There will be an exhaustive review process at the County. They anticipate a 12-18 month review process. Thus far, they have been to Danville and they adopted a Resolution. San Ramon has heard the presentation and adopted a Resolution. Livermore has heard the presentation and are in the process of coming up with a Resolution. They will go before the City of Pleasanton soon. This will benefit all citizens of the Tri - Valley. Vm. Zika asked how many sites there will be. Mr. Parsons responded somewhere between 80,000 to 100,000, depending upon the number of cremations. CITY COIJNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 200S PAGE 249 Vm. Zika asked about irrigation and water use. Mr. Parsons stated they have had a series of studies out there and this information will go in with the application to the County. Cm. McCormick asked if this will be done in phases. Mr. Parsons responded yes, over a period of time 30~40 years. Harriet Newman stated she and her husband own property on Camino Tassajara. They've lived in the Bay Area for 30 years. She has worked for Chevron headquarters in San Ramon since 1983. They found the place to build their dream house, somewhere with open space around it, in 1998. They were told nothing of any plan to build a cemetery next door. Their dream house is now almost finished, and they face the possibility of having their property value drop drastically. She discussed their top three concerns: 1) Open space; 2) No crematorium; 3) Water. Bill Newman stated he had reviewed Danville and San Ramon's resolutions and both have statement in them that say "development of the Creekside Memorial Park Cemetery is consistent with the character of the Tassajara Valley". He stated he takes strong exception to this statement. Horse and cattle ranches and wood piles and stuff like that are what's out there. Eight burials a day is what this works out to be. The ridge top is very visible. This changes the character considerably. Mayor Lockhart stated this statement is not in our resolution. Mr. Newman suggested a change in the resolution verbiage from -hereby supports to "hereby supports in concept"_ Sam Slack stated he is a neighbor of the Newmans. California Marble and Stone is his business. He does business primarily in the Tri~Valley area. Everyone says there is no way they will put a cemetery out there. This is their last beautiful valley. He stated he got over 50 signatures of people opposed to this in a little over 2 hours. He has since gotten 200 more signatures. There is a nest of golden eagles out there. They are mostly on well water out there. They are talking about 53,000 gallons of water a day being pulled out of the creek. It will drain and diminish the creek. Mr. Corrie told the Newmans he would buy their property for what they paid for it 6 years ago. He stated he wants to keep the valley the way it is. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 250 Vm. Zika stated would vote for a resolution to support it in concept. This is all controlled by Contra Costa County and this is where they will ultimately have to go. What Dublin says has little impact in Contra Costa County. He stated he understands the concerns about the water. The impact studies will look at all of this. He could agree to a change to the resolution to say we hereby support in concept. Cm. Oravetz stated he agrees with colleagues in San Ramon and Danville that this is a much needed use in the valley. Feels this is a winlwin for the City of Dublin and totally supports it. Cm. McCormick stated she served on the committee. It was an interesting committee in that lots of people suffer loss of family members and have to go miles and miles for a resting place for their loved ones. They looked at various options. They had to go where there was land owned by somebody. They haven't seen the entire plan. It will take a lot of fixing and some other negotiating regarding water and environmental concerns. She will support "to serve the greater good". She stated she likes the wording the way it is, but will go along with the majority. Cm. Hildenbrand advised that this is a new issue for her. She agrees with Vm. Zika that there are a lot of issues that need to be resolved. This is in Contra Costa County and she stated she could support the resolution in concept or the way it is written. Mayor Lockhart stated she cares about people and their quality of life, but also for families that suffer loss. The greater good is served by a cemetery of this size. She understands what the neighbors are going through, but hopefully through the EIR process, mitigation will satisfy their needs. For the greater good of five communities that need a place to lay their loved ones to rest, she will support this. On motion of Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted as written RESOLUTION NO. 100 - 05 SUPPORTING THE APPROVAL OF CREEKSIDE MEMORIAL PARK, A NEW CEMETERY AT 7000 CAMINO TASSAJARA TO SERVE THE GREATER TRI-VALLEY COMMUNITIES . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 251 PROCLAMATION 7:35 p.m. 3.3 (610-50) Mayor Lockhart read a proclamation declaring the month of July as "Parks and Recreation Month" and urged all residents to enjoy and recognize the social, physical, mental, economic, environmental and community benefits derived from our recreation and cultural arts programs as well as our park and recreation facilities, which provide something of value to everyone. The proclamation was presented to Parks & Community Services Director Diane Lowart. .. APPOINTMENT OF DUBUN MEMBERS TO LA VTAtS WHEELS ACCESSIBLE ADVISORY COMMITTEE (W MC) 7:38 p.m. 3.4 (11 0~30) Vm. Zika stated the WHEELS Accessible Advisory Committee (W AAC) is an advisory committee to the Livermore Amador Valley Transit Authority Board of Directors on matters regarding the usability of the WHEELS bus system. Each member agency appoints two regular members and one alternate to this committee. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council confirmed the appointment of Ray Garret as member and Shawn Costello as alternate. . CONSENT CALENDAR 7:40 p.m. Items 4.1 through 4.24 On motion of Cm. Hildenbrand, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of June 7, 2005; CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 252 Adopted (4.2 600~35) RESOLUTION NO. 101 - 05 AWARDING CONTRACT 05-06, STRIPING AND MARKING CONTRACT TO CHRISP COMPANY ($133,425) Adopted (4.3 600-30) RESOLUTION NO. 102 - 05 APPROVING THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND WINDEMERE BLC LAND COMPANY LLC And approved $2,670 Budget Change to the General Fund; Adopted (4.4 600-30) RESOLUTION NO. 103 - 05 APPROVING AMENDMENTS TO AGREEMENTS WITH STEVENSON, PORTO & PIERCE, INC., CANNON DESIGN GROUP, JERRY HAAG & ASSOCIATES, PLACEMAKERS, LSA ASSOCIATES, INC. WETLANDS RESEARCH, JEFFERY GAMBONI AND PAUL NIEMUTH ASSOCIATES RELATED TO PRIVATE DEVELOPMENT PROJECTS and RESOLUTION NO. 104 - 05 APPROVING LANGUAGE AMENDMENTS FOR AN APPROVED CONTRACT WITH DAVID BABCOCK & ASSOCIATES IN THE PLANNING DIVISION RELATING TO INDEMNIFICATION AND CONSULTANT RESPONSIBILITIES and authorized the Community Development Director to execute the amendments and revised agreement on behalf of the City; CITY COUNCIL MINlITES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 253 Adopted (4.5 600-30) RESOLUTION NO. 105 - 05 APPROVING AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH T JKM TRANSPORTATION CONSULTANTS Adopted (4.6 700-20) RESOLUTION NO. 106 - 05 ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH THE PERSONNEL RULES and RESOLUTION NO. 107 - 05 ESTABLISHING A SALARY PLAN FOR MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE and RESOLUTION NO.1 08 - 05 AMENDING THE SALARY PLAN FOR PART-TIME TEMPORARY PERSONNEL Adopted (4.7 600-30) RESOLUTION NO. 109 - 05 APPROVING AMENDMENT TO AGREEMENT WITH TRI-VALLEY JANITORIAL SERVICE FOR CITY FACILITIES JANITORIAL SERVICES Adopted (4.8 600-30) RESOLUTION NO. 110 - 05 APPROVING AMENDMENT TO AGREEMENT FOR ASSESSMENT DISTRICT LANDSCAPING MAINTENANCE SERVICES WITH TRUGREEN LANDCARE CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAG¡.; 254 Adopted (4.9 600-30) RESOLUTION NO. 111 - 05 APPROVING AGREEMENT WITH OMNI-MEANS, L TD FOR TRAFFIC ENGINEERING SERVICES Adopted (4.10 600-30) RESOLUTION NO. 112 - 05 APPROVING AMENDMENT TO AGREEMENT WITH ZUMWALT ENGINEERING GROUP Adopted (4.11 600-30) RESOLUTION NO. 113 - 05 APPROVING AMENDMENT TO AGREEMENT WITH KLEIN FELDER, INC. Adopted (4.12 600-30) RESOLUTION NO. 114 - 05 APPROVING AGREEMENT WITH EAST BAY POOL SERVICE FOR POOL MAINTENANCE SERVICES Adopted (4.13 720~40/720-60) RESOLUTION NO. 115 - 05 AMENDING THE PERSONNEL SYSTEM RULES and RESOLUTION NO. 116 - 05 AMENDING THE BENEFIT PLAN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 255 and RESOLUTION NO. 117 - 05 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT and RESOLUTION NO. 118 - 05 FIXING THE EMPLOYER'S CONTRIBUTION VESTING REQUIREMENT FOR FUTURE RETIREES UNDER THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT Adopted (4.14 360-20) RESOLUTION NO, 119 - 05 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 and RESOLUTION NO. 120 - 05 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 (JULY 19, 200~ @ 7:00 P,M.) Adopted (4.15 360-20) RESOLUTION NO.121- 05 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 256 and RESOLUTION NO. 122 - 05 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (JULY 19, 2005 @ 7:00 P.M.) Adopted (4.16 360-20) RESOLUTION NO. 123 - 05 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 and RESOLUTION NO. 124 - 05 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (JULY 19, 2005 @ 7:00 P.M.) Adopted (4.17 360-20) RESOLUTION NO. 125 - 05 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1 and RESOLUTION NO. 126 - 05 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1 (JULY 19, 2005 @ 7:00 P.M.) CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PACE 257 Adopted (4.18 360-20) RESOLUTION NO. 121 - 05 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99·1 and RESOLUTION NO. 128 - 05 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99·1 (JULY 19, 2005 @ 7:00 P.M.) Adopted (4.19 600-30) RESOLUTION NO. 129 - 05 APPROVING AGREEMENT FOR ENGINEERING SERVICES WITH SNG & ASSOCIATES, INC. Adopted (4.20 600-60) RESOLUTION NO. 130 - 05 APPROVING THE IMPROVEMENT AGREEMENT WITH THE LlN FAMILY AND THE SIERRA LAND DEVELOPMENT CORPORATION FOR CENTRAL PARKWAY (LOCKHART STREET TO FALLON ROAD) AND FALLON ROAD (CENTRAL PARKWAY TO BENT TREE DRIVE) Accepted (4.21 600-35) final facility improvements for Emerald Glen Park Backstop Modifications; and adopted RESOLUTION NO. 131 - 05 ACCEPTING IMPROVEMENTS TO EMERALD GLEN PARK BACKSTOP CITY COlJNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 258 And authorized Staff to accept a $9,017.39 maintenance bond at a future date; Received (4.22 330-50) the Financial Reports for the Month of May, 2005; Authorized (4.23 600-30/670-30) $2,876,574.60 payment to the Alameda County Surplus Property Authority for Emerald Glen Park Land; Approved (4.24 300-40) the Warrant Register in the amount of $2,639,478.53. .. PUBLIC HEARING - PA 04-057 APPEAL OF PLANNING COMMISSION REVERSAL OF ZONING ADMINISTRATOR'S APPROVAL OF A CONDITIONAL USE PERMIT (CUP) AUTHORIZING A PARKING REDUCTION ON PROPERTIES - STARBUCKS COFFEE 7:40 p.m. 6.1 (410-30) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. Robert Enea of Enea Properties filed a Letter of Appeal of the Planning Commission denial of the CUP for a reduction in parking at 7197 Village Parkway for a 1,886 square foot coffee retailer and café (Starbuck's) in the future Enea Village Parkway Center. On June 7,2005, the City Council held a public hearing on the appeal and took a straw vote to grant the appeal and uphold the Zoning Administrator's approval of the CUP with modifications. Staff was directed to return at the next meeting with a Resolution to that effect. Following the distribution of the agenda for the June 7th meeting, a comment letter was received from Mr. James E. Lange. Mr. Lange indicates that as an adjacent property owner, he does not support the project. He feels that the reduction in parking will cause customers of Starbucks to park on his property. Ms. Harbin advised that the public hearing should be reopened solely for the purpose of entering Mr. Lange's letter into the record and permitting the Appellant and the public to respond to the contents of this letter. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 259 Staff received a fax this afternoon indicating that Mr. Lange was reversing his original position opposing this matter. Cm. McCormick commented that following the last meeting, WHEELS relocated the bus stop. Twelve spaces are now available. Mr. Lange's letter was entered into the record. City Attorney Silver referenced the letter dated June 21 and indicated that it was signed by both Robert S. Enea and James E. Lange. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz, and by majority vote, the Council adopted RESOLUTION NO. 132 - 05 GRANTING THE APPEAL OF ENEA PROPERTIES IN PART WITH MODIFICATIONS AND DENYING IT IN PART, THEREBY REVERSING THE PLANNING COMMISSION'S DECISION, AND MODIFYING THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT PA 04-057 (ENEA PROPERTIES/STARBUCKS COFFEE) Vm. Zika voted in opposition to the motion. + PUBLIC HEARING ~ FA 05-023 AMENDMENT TO MASTER DEVEWPMENT AGREEMENT FOR mE DUBLIN RANCH PROJECT (AREAS A THROUGH H) SUBMITTED BY TAMES TONG ON BEHALF OF THE LIN FAMILY 7:47p.m. 6.2 (600-60) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report. This is the second reading of an Ordinance which would approve an amendment to the Master Development Agreement for the Dublin Ranch Project Areas A, B, C, D, E, F, G and H). CITY COlJNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 260 Cm. McCormick asked if there is any reference to publici semi-public? Mr. Porto stated this is a different area. This amendment specifically picked up issues in the Fairway Ranch Agreement and brought them into the overall Dublin Ranch. 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 abstain as he felt they are being forgiven affordable housing fees. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by majority vote, the Council waived the reading and adopted ORDINANCE NO. 14 - 05 APPROVING AN AMENDMENT TO TIfE MASTER DEVEWPMENT AGREEMENT FOR PA 05~023 TIfE DUBLIN RANCH PROJECT (AREAS A, B, C, D, E, F, G & H) JAMES TONG ON BEHALF OF TIfE LIN FAMILY Vm. Zika abstained. ... PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN REAL PROPERTY AT 6400 DUBLIN BOULEVARD (SINGHS) FOR CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 7:49 p.m. 6.3 (670-20) Mayor Lockhart opened the public hearing. Associate Civil Engineer Steven Yee presented the Staff Report. The Mitigated Negative Declaration document was given to City Clerk for inclusion in the record. In order to widen and improve the intersection at Dublin Boulevard and Dougherty Road, the City must acquire a portion of the property at 6400 Dublin Boulevard which is CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 261 situated at the southwest corner ofthe intersection. This property, a 76 Station (APN 941 ~0550-009~ 11) is owned by Tejindar PI and Rajinder K. Singh. The City must acquire 5,480 sq. ft. of land in fee from the Dublin Boulevard and Dougherty Road frontages of this site for the Dublin BoulevardlDougherty Road Widening Project. In addition to the fee ownership acquisition, the City also needs to acquire a 1,967 sq. ft. temporary construction easement to facilitate construction of the project. Mr. Yee pointed out that adoption of the Resolution requires a 4/5 vote of the Council. We anticipate starting in the Fall of 2005 with completion in Spring of 2006 and with intersection improvements to be completed by this winter. The entire project is anticipated to be completed by Spring of 2007. The City Council must make certain Findings: 1) Whether the public interest and necessity require the project 2) Whether the project is planned or located in the manner that will be most compatible with greatest public good and least private injury 3) Whether the property sought to be acquired is necessary for the project 4) Whether the offer required by Government Code Section 7267.2 has been made. Before the City Council can consider adoption of a Resolution of Necessity, the City must submit a purchase offer to the property owners. The offer must be based upon an approved appraisal. The City did have the property appraised and on April 7,2005, tendered an offer to purchase the property for the appraised value of $456,000. The City subsequently updated its appraisal ~ resulting in a new appraised value of $530,500, and by letter dated June 10, 2005, offered this amount to the Singhs. To date, however, the City has been unable to negotiate a settlement with the Singhs. Kevin Lally stated he represents Mr. Singh and wanted the City Council to be aware of a discrepancy on either side of Dublin Boulevard. There is a significantly larger portion of property being taken from his client than on the other side of Dublin Boulevard. He discussed underground storage tanks. The circulation will be substantially diminished on his client's property. He feels the City's offer of compensation is defective. The offer must include a narrative of how severance damages were calculated. Because, according to Mr. Lally, it did not, he believes that the offer is defective, and that Mr. Singh would be able to move for summary judgment if an eminent domain action is filed. Mr. Lally then discussed the temporary construction easement. Mr. Singh was not offered compensation for an indeterminate period of time, but for 16 months. All of his client's driveways CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 262 could be blocked for 16 months. This is not included in the offer. The offer that must be made before you can condemn the property, they believe, is deficient. Mr. Singh stated he doesn't wish to stand in the way of progress, but requested consideration of storage tanks and circulation be considered. It is currently difficult to exit the station on Dublin Boulevard and this problem will be compounded. He would like independent designers to look at this and requested that the city cooperate with them on this. Mayor Lockhart closed the public hearing. Mayor Lockhart asked about plans with underground tanks. Mr. Yee showed the location of the concrete pad and advised they have been told the tank is smaller than the footprint of the pad. It was clarified that there are 3 underground tanks. Cm. Oravetz asked if this causes any safety problems. Is it too close to the street? Mr. Yee stated they looked at the distance of the property line with the fuel pumps and we are within that guideline. Cm. Oravetz stated he wished to clarify that we won't come back in 2 years and tell them their tanks are too close to the street. Mayor Lockhart asked about driveway access. Mr. Yee advised that during construction, we will work with the contractor to maintain access at all times. Vm. Zika stated it is up to us to make sure this staging occurs. Is this an inclusion offer for loss of business, etc., or do we know? Attorney James Duncan stated the offer includes compensation for land, severance damages, and a temporary construction easement. The offer does not include any compensation for possible loss of business since this is not required. The offer and the pages of the appraisal attached to the offer delineate the basis of the offer. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 263 Vm. Zika asked if one of the tanks springs a leak, how will he get in there to fix it being that close to the street? Mr. Yee stated he could not address this. It would depend on the depth of the tank size, and various 'other circumstances. Public Works Director Melissa Morton stated we asked Engineering to look at how the station would function with the take. They also looked at how the site would function with gasoline deliveries and it was determined that this would be fine. The possibility of a leak always exists and if something like this happens, the entire site typically shuts down and significant excavation would have to be done. There would be no connection between the Project and any leakage. Vm. Zika asked if this happens, would he have room to get in and do repairs? Ms. Morton responded it would depend upon the circumstances of the leak. To ensure that they have continuous access to the site, we could use a very fast setting concrete and make sure contract documents provide for adequate access to the site. Mr. Ambrose discussed stations being required to meet Bay Area Air Quality Management standards. Ms. Morton pointed out that the Shell Station tank is right next to the public right~of- way on the northeast corner. Mayor Lockhart reopened the public hearing. Mr. Singh stated trucks cannot make deliveries; their wheels will be on the sidewalk. Once a truck knocked down a light pole. He asked if the City is willing to indemnify him for any accidents that take place at this intersection. Vm. Zika advised we can't be expected to indemnify him for anything that happens. That's why you have insurance. Ms. Morton stated the engineers determined that the truck turning terminus would not require encroachment into the road. Vm. Zika asked if we could go out and measure? Ms. Morton explained that we have templates for measuring. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 200S PAGE 264 Mayor Lockhart stated she felt this certainly meets the public interest and necessity and greatest public good. She stated she believes that the public interest and necessity certainly requires the Project, and that it was planned in a manner most compatible with the greatest public good, and that the required offer has been made. On motion of Vm. Zika, seconded by Cm. Hildenbrand, and by majority vote, the Council adopted RESOLUTION NO. 133 - 05 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852, DOUGHERTY ROAD IMPROVEMENTS (HOUSTON PLACE TO 1-580) WITH SCARLETT COURT ACCESS TO DUBLIN BOULEVARD LIMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM DUBLIN BOULEVARD TO SCARLETT COURT ELIMINATED TEJINDAR P. AND RAJINDAR K. SINGH, PROPERTY OWNERS Cm. McCormick voted in opposition to the motion. .. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSI'IY TO CONDEMN REAL PROPERTY AT 6401 DUBLIN BOULEVARD (GASPARE) FOR THE WIDENING OF DUBLIN BOULEVARD AND DOUGHER'IY ROAD 8:19 p.m. 6.4 (670-20) Mayor Lockhart opened the public hearing. Associate Civil Engineer Steven Yee presented the Staff Report. In order to widen and improve the intersection at Dublin Boulevard and Dougherty Road, the City must acquire a portion of the property at 6401 Dublin Boulevard which is situated at the northwest corner of the intersection. This property (APN 941-0Z05~01 0- 03) is owned by Angelo Gaspare, Trustee of the" A and 0 Gaspare Trust." ConocoPhillips is currently leasing the property, which operates as a 76 Gas Station and Carwash. CITY COlJNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 265 The City must acquire 1,740 sq. ft. of land in fee from the Dublin Boulevard and Dougherty Road frontages of this site for the Dublin Boulevard/Dougherty Road Widening Project. In addition to the fee ownership acquisition, the City also needs to acquire a 2,697 sq. ft. temporary construction easement to facilitate construction of the project. Before the City Council can consider adoption of a Resolution of Necessity, the City must submit a purchase offer to the property owners. The offer, required by Government Code Section 7267.2 must be based upon an approved appraisal. The City did have the property appraised and on April 6,2005, tendered an offer to purchase the property for the appraised value of $113,000. The City subsequently updated its appraisal- resulting in a new appraised value of $130,500 - and by letter dated June 10, 2005, offered this amount to Angelo Gaspare, Trustee. To date, however, the City has been unable to negotiate a settlement with Mr. Gaspare. Mr. Yee pointed out that adoption of the Resolution requires a 4/5 vote of the Council. The four findings which must be made include: 1) whether the public interest and necessity require the project; 2) whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3) whether the property sought to be acquired is necessary for the project; and 4) whether the offer required by Government Code Section 7267.2 has been made. 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 Vm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 134 - 05 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852 DOUGHERTY ROAD IMPROVEMENTS (HOUSTON PLACE TO 1-580) WITH SCARLETT COURT ACCESS TO DUBLIN BOULEVARD LIMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM DUBLIN BOULEVARD TO SCARLETT COURT ELIMINATED ANGELO GASPARE, TRUSTEE OF THE "A & 0 GASPARE TRUST" DATED FEBRUARY 10,1993, PROPERTY OWNER .. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 266 PUBLIC HEARING DUBLIN RANCH AREA F NORTH SITE F~2 DEVEWPMENT AGREEMENT FOR PULTE HOMES PA 04N043 8:23 p.m. 6.5 (600-60) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report. One of the implementing measures of the Eastern Dublin Specific Plan is the requirement that the City enter into a Development Agreement (DA) with developers in the Plan area. The DA provides security to the developer that the City will not change its zoning and other laws applicable to the project for a specified period of time. The benefit to the City is that the document is a contract that ensures that the goals of the Eastern Dublin Specific Plan are met and the infrastructure facilities for the area are constructed with each development phase. Additionally, it ensures that dedications of property and easements are made, project phasing is followed, the appropriate fees are paid for the development, and any additional terms of the agreement are met as the development proceeds. On June 7, 2005, the City Council approved an Interim Agreement with Pulte Homes to allow them to begin construction of no more than 60 homes at their own risk while the DA was being proposed. Mr. Porto stated the Planning Commission held a public hearing on this item at their meeting of June 14,2005. He reported on the results of that hearing. Roger Miller with Pulte Corporation thanked Staff for putting this agreement together so quickly. He had nothing to add to the Staff Report, but was present to answer any questions. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Hildenbrand, and by unanimous vote, the Council waived the reading and introduced the Ordinance. .. CITY COUNCIL MINlJTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 267 PUBIJC HEARING ORDINANCE AMENDING CHAPTER 7.36 OF THE DUBIJN MUNICIPAL CODE (DMC) ADOPTING BY REFERENCE AND AMENDING THE 2002 EDITION QF THE NATIONAL ELECTRICAL CODE 8:26 p.m. 6.6 (440-10) Mayor Lockhart opened the public hearing. Senior Building Official Gregory Shreeve presented the Staff Report. This is the second reading of an Ordinance which would amend Chapter 7.36 of the DMC, adopting by reference the 2002 edition of the National Electrical Code. No testimony was given by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 15 - 05 AMENDING CHAPTER 7.36 OF THE DUBLIN MUNICIPAL CODE WHICH ADOPTS BY REFERENCE AND AMENDS THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE . PUBLIC HEARING AMENDMENT TO THE CITY'S RETIREMENT CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE CAIJFORNIA PUBLIC EMPWYEES' RETIREMENT SYSTEM (CALPERS) 8:27 p.m. 6.7 (720~60) Mayor Lockhart opened the public hearing. Assistant to the City Manager Julie Carter presented the Staff Report. The City currently contracts for retirement benefits with the California Public Employees' Retirement System (CalPERS) at the 2% @ 55, Single Highest Year benefit level. During the recent market survey on retirement benefits, the City discovered that 31 of the 33 Agencies the City includes in its salary survey have a CalPERS retirement system. Of those 31 Agencies 22 (71 %) have a retirement enhancement above the City's current 2% CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 200S PAGE 268 @ 55 formula. With respect to the 13 Alameda County Cities (not including Dublin) 11 (85%) have a retirement enhancement above the City's current 2% @ 55 formula. During this years discussions with employees regarding wage and benefits, the City agreed to take the necessary steps to amend its CalPERS contract to include 2.7% @ 55 effective August 20, 2005. Ms. Carter discussed the benefit enhancement costs. Currently, the City pays the member (employee) rate of 7%. Dublin City employees have agreed to pay the equivalent of 40% of the total costs to implement the 2.7% @ 55 retirement benefit enhancement. This will be accomplished by the employees paying 1 % through a direct payment to CalPERS through the City's payroll process and 1 % to be paid from future salary increases. This cost sharing agreement with City employees will be permanent. Ms. Carter stated the City's survey indicated that recruiting qualified individuals within the Tri-Valley area has become increasingly more difficult for professional and management positions, especially due to a shrinking labor pool and the high cost of housing in the Bay Area. Many cities have switched to the 2.7% @ 55 retirement benefit formula in order to be competitive with other jurisdictions for recruiting purposes. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Mayor Lockhart stated the City Council would like Staff to know how much they appreciate them and what great jobs everyone is doing. The Council is pleased to be able to do this. On motion of Vm. Zika, seconded by Cm. Hildenbrand, and by unanimous vote, the Council adopted RESOLUTION NO. 135 - 05 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINI$TRA TION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 269 and RESOLUTION NO. 136 - 05 ADOPTING A RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS and RESOLUTION NO. 137 - 05 ADOPTING AN EMPLOYER PICK-UP RESOLUTION FOR PRE-TAX PAYROLL DEDUCTIONS and waived the reading and introduced the Ordinance. . PUBLIC HEARING ORDINANCE AMENDING SECTIONS 5.32 AND 7.30 OF THE DUBLIN MUNICIPAL CODE (DMC) RELATING TO SOLID WASTE MANAGEMENT AND WASTE MANAGEMENT PLANS AND CONSIDERATION OF A FORM OF DISCARD MATERIAL NON-EXCLUSIVE COLLECTION FRANCHISE AGREEMENT 8:32 p.m. 6.8 (810~20/600-30) Mayor Lockhart opened the public hearing. Senior Administrative Analyst Jason Behrmann presented the Staff Report. This item is for City Council consideration of approval of the Form of a Discard Material Non~Exclusive Collection Franchise Agreement regulating the collection of construction and demolition debris and services to government facilities and related amendments to the Solid Waste and Waste Management Plan Ordinances. Those companies awarded a non~exclusive collection franchise agreement will be required to remit franchise fees to the City in the amount of 15.6% of gross revenues. The City does not currently know the income generated by construction and demolition debris hauling services in the City, therefore, it is difficult to estimate the total revenue that may be received through this program. Mayor Lockhart asked if A VI can do construction! demolition materials if they want to? CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 270 Mr. Behrmann responded yes, they can. Mayor Lockhart discussed the requirements and standards and potential clean air vehicle use within Dublin. City Attorney Silver stated the ordinance could require them, if they have natural gas vehicles, to use them. Mr. Behrmann pointed out this would be very difficult for the City to monitor. We will do audits and monitor the program. If you require the hauler and the builder to comply, but you don't monitor, you won't get full information. Mr. Ambrose clarified that this is a significant expense, but we are doing it. Mayor Lockhart stated she felt if a hauler comes in to pick up construction and demolition materials, and they have these vehicles in their fleet, can't we just ask them to use them? Cm. McCormick suggested we at least make haulers aware that this is something we encourage. If they have the trucks, use them, or they may get them in the future. Mayor Lockhart questioned what it would hurt to put language in the Ordinance regarding the use of compressed natural gas (CNG) trucks? Mr. Behrmann clarified that they would put language in the agreement saying "if there is no additional cost to the hauler and a CNG truck is available, this should be used in Dublin". Mayor Lockhart stated she liked everything except "if there is no additional cost". Consultant Ric Hutchinson clarified that all he meant is they don't have to go out and buy them. Mayor Lockhart suggested saying, "if they have them locally in their fleet, use CNG trucks in our City." Vm. Zika asked about state law requiring them to go to these at some point in time. Mayor Lockhart stated this language could be included in the Resolution. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 271 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 Mayor Lockhart, and by unanimous vote, the Council adopted, with additional language "if the CNG trucks are locally available in the franchisee's fleet, they will be used in Dublin" RESOLUTION NO. 138 - 05 APPROVING A FORM OF THE DISCARD MATERIAL NON-EXCLUSIVE COLLECTION FRANCHISE AGREEMENT On motion of Cm. McCormick, seconded by Mayor Lockhart, and by unanimous vote, the Council then waived the reading and introduced the Ordinance. .. DUBUN TRANSIT CEI'fI'ER SITE B VILLAGE GREEN ALTERNATIVES FA 03-058 8:54 p.m. 7.1 (410~30) Associate Planner Marnie Nuccio presented the Staff Report. The Dublin Transit Center Site B project area includes a I-acre park called the Village Green. Staff is presenting for City Council review and consideration, 3 alternative designs for the Village Green. Ms. Nuccio discussed background, Village Green Concept and Design, and an analysis of the alternatives, Options One, Two and Three. The alternate designs are in keeping with the general concept for the Village Green as approved in the Stage 1 Development Plan with slight deviations to better define the space within the park as well as provide multiple opportunities for the placement of public art. Mayor Lockhart stated she likes option 2 the best. Vm. Zika, Cm. McCormick, Cm. Hildenbrand, and Cm. Oravetz all agreed. On motion of Vm. Zika, seconded by Cm. Hildenbrand, and by unanimous vote, the Council considered the 3 alternative designs and directed Staff to return to the City Council with a Site Development Review for the preferred alternative (Option 2 ) for review and approval. . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 272 PROPOSED OPERATIONAL GUIDEUNES FOR GREEN BUILDING PRACTICES FOR mE CITY OF DUBLIN MUNICIPAL OPERATIONS 9:08 p.m. 7.2 (530-10) Assistant City Manager Joni Pattillo presented the Staff Report. In March of 2004, the City Council adopted the Green Building Ordinance, which created Chapter 5.61 of the Dublin Municipal Code (DMC), mandating green building practices for City projects. As a follow-up, Staff was directed to develop Operational Guidelines for Green Building Practices that would contain the implementation measures to achieve compliance with the Green Building practices that were identified as part of the Ordinance. Based on current City Staff workload, Staff recommended that additional resources be sought in order to have dedicated time to successfully launch the first year of the Operational Guidelines for Green Building Requirements and Green Practices. Staff recommended that a budget adjustment of $50,000 be made from Measure D funding to retain a consultant to train and work with Staff to implement the Operational Guidelines and complete the necessary reporting requirements to the City Council. Ms. Pattillo discussed the key highlights of the proposed guidelines and thanked others for their help and hard work on this, including: Gregory Shreeve, Melissa Morton, Bob Cantrell,Jeri Ram and Rachel Balsley with Alameda County Waste Management Authority. Mayor Lockhart asked if we know who our green building compliance official might be? Ms. Pattillo stated no one has specifically been appointed by the City Manager. City Manager Richard Ambrose stated initially the position would be located in his office and then we may decide the best location for the position. Mayor Lockhart stated ACWMA was very active in getting cities started with this type of program and Rachel was very responsive. Mayor Lockhart asked a question about paragraph F (page 3 of 29 of Attachment 1 of the Staff Report) related to compliance with applicable local, state or federal laws or regulations. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 273 Ms. Pattillo stated we wanted to make sure we covered our bases on these. We looked at other agreements and borrowed language for our guidelines. Mayor Lockhart asked questions about paragraph 7.1 B, if we could we add #2 report to City Council on outcomes so they will know how it worked. Ms. Pattillo stated Chapter 2 has a report on green practices but there is not a separate one that relates to self certification. Mayor Lockhart asked about page 16 of 29, under 5.1 if we are thinking of putting together a team? Ms. Pattillo explained that what is being proposed tonight is not only a technical fix but a long term way of doing business and we're talking about cross functional departments. We haven't totally worked this out. Mayor Lockhart stated she felt this is so important for a lot of people to get involved. Ms. Pattillo likened this to when we started the GIS function in the City. The position started out in the City Manager's office and then after a year, it was turned over to IT. We wanted to make sure it got a good launch. Cm. McCormick stated she had a basic concern that it only addresses contracts of $3 million or more. Ms. Pattillo stated we wanted to make sure it was at least at the SILVER leveL We've looked at green practices and this looks at LEEDS and we're monitoring at both levels. We are very much using the practices. Cm. McCormick asked questions about packaging materials and how they arrive. Ms. Pattillo stated the chapters will work in tandem as you look at building construction in trying to reduce the source before it even arrives. Cm. McCormick asked if we anticipate having a consultant for a year and then a Green Building Official? Ms. Pattillo advised that there are consultants out there right now that we can hire for $75 - $100 per hour. We want to make sure we can meet the demands of this and do CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 274 this well. We will take advantage of WM consulting services. We don't turn away good assistance, but we want to build internal confidence. Cm. Oravetz stated he was glad to see we give the City Manager the authority to exempt some projects that can't meet the process. Mr. Ambrose stated a paragraph 2) would be added under 7.1 B, "staff to report to City Council related to accomplishment of green building practices at the time the project completion." On motion of Cm. McCormick, seconded by Mayor Lockhart, and by unanimous vote, the Council approved the proposed guidelines (Chapters One and Two) and approved a budget adjustment of $50,000 from Measure D funding for Fiscal Year 2005~OG. + DECLARING TIlE CITY OF DUBLIN SUBJECT TO STATE LAW RELATING TO GEOWGIC HAZARD ABA1'EMtNT DISTRICTS 9:29 p.m. 8.1 (850-20) Public Works Director Melissa Morton presented the Staff Report. The purpose of the Geologic Hazard Abatement District (GHAD) is to prevent, mitigate, abate and control geologic hazards in areas such as hillsides. Since the City may wish to consider forming such a District at some point in the future, it is necessary to adopt a Resolution declaring that the City is subject to the provisions of State Law relating to GHADs. Vm. Zika asked if we would establish the entire City or specific smaller districts? Ms. Morton stated we would set up smaller districts. Vm. Zika questioned what happens if we don't establish this? Ms. Morton stated HOAs have not been very successful in mitigating geologic hazard abatement. Landslides are a sophisticated science that exist in the GHAD law. Vm. Zika asked about existing developments such as one of the hills coming down. Can we establish a district for that area and require the homeowners to kick in? CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 275 Ms. Morton stated this is not subject to Proposition 218. The Council discussed various established areas and Ms. Morton stated homeowners would have to vote on this to be included in a GHAD district. You typically create a reserve of funds roughly 4 times the amount of a worst case scenario. A GHAD can get bond money. Ms. Morton stated her recommendation would be that the City Council be the GHAD Board. This will come to the City Council in the future. City Manager Ambrose suggested that Ms. Morton discuss the legal separation of GHAD from the City. GHAD could not tap the City's general fund resources. Ms. Morton stated a GHAD creates a curtain between the City and activities. protection exists - this is a type of belt and suspenders plan. This is advantageous to lenders and a home within a GHAD is more insurable. Mr. Ambrose stated we have 2 developers that have requested formation of GHADs- Schaefer Ranch and in the east. Ms. Morton stated the City Council would act as the board for each of the districts. They would be funded separately and money would be collected through the tax bills. On motion of Vm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 139 - 05 DECLARING THAT THE CITY OF DUBLIN IS SUBJECT TO THE PROVISIONS OF CALIFORNIA PUBLIC RESOURCES CODE DIVISION 17 RELATING TO GEOLOGIC HAZARD ABATEMENT DISTRICTS and directed Staff to forward a copy of the adopted Resolution to the State Controller. .. RESIDENTIAL FOOD SCRAPS RECYCIJNG PROGRAM AGREEMENT 9:50 p.m. 8.2 (600-30/810-20) Senior Administrative Analyst Jason Behrmann presented the Staff Report. The Alameda County Waste Management Authority offers funding to member agencies in the amount of $8.00/single-family residence, to implement a residential food scraps CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 276 recycling program. The agreement would specify terms by which the City would receive the funding. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 140 - 05 APPROVING AN AGREEMENT WITH THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY FOR RESIDENTIAL FOOD SCRAP RECYCLING PROGRAM . OTHER BUSINESS 9:52 p.m. Cm. Oravetz reported that he will be in a visioning meeting Friday with Mayor Lockhart at LAVTA. Last Wednesday night he attended an ACAP meeting. He requested that the Director mail a report to him for distribution to the City Council. The East Bay Division League meeting last week was at Bridges in San Ramon. A nice speech was given on the different State propositions. . ADJOURNMENT ILl There being no further business to come before the Council, the meeting was adjourned at 9:54 p.m. ATTE . ..~ CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 277