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HomeMy WebLinkAboutItem 4.01 Draft6-20&21-05CC Min ADJOUßN£D RE6ULAR MEETlN6 - JUNE 20. 2005 An adjourned regular meeting of the Dublin City Council was held on Monday, June 20, 2005, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:02 p.m., by Mayor Lockhart. . ROLL CALL PRESENT: Council members 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. .. ADOPTION OF fiNAL 2005·2006 GOAlS &: OB,mCTIVES 6:03 p.m. 3.1 (I 00-80) Sr. Administrative Analyst Jason Behrmann presented the Staff Report and advised that on April 4, 2005, the Council preliminarily adopted the Fiscal Year 2005-2006 Goals & Objectives and the 10-Year Strategic Plan, which have been included in the Preliminary Fiscal Year 2005-2006 Budget for final adoption by the City Council. The City Council will consider carrying forward several Fiscal Year 2004-2005 objectives that are projected to not be completed until Fiscal Year 2005·2006. Minor modifications to the City's Mission, Vision and Values Statements would be considered, as well. Mr. Behrmann reviewed the carryover projects and advised that the Ulferts Public Art project was added during the year and would need a priority ranking from Council before it was added as a carryover into 2005-2006 Goals & Objectives Program. Cm. McCormick asked why the Teen Driver Program would not be completed in this fiscal year. CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 231 4.1 Police Chief Gary Thuman advised that the anticipated funds through the local Community College District were not realized this fiscal year, but were expected to come through during FY 2005-06. Cm. McCormick recommended that the Ulferts Public Art Project be given a High priority. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Ulferts Public Art project was given a High priority. On motion of Cm. McCormick, seconded by Cm. Hildenbrand, and by unanimous vote, the Council approved those Goals & Objectives that are to be carried over from FY 2004- 05 to FY 2005·06, and adopted the FY 2005-2006 Goals & Objectives and 10-Year Strategic Plan, as amended. .. HORIZON'S FAMILY COUNSEUNG SERVICES 6:10 p.m. 3.2 (600-40) Police Chief Gary Thuman presented the Staff Report and advised that Horizon's Family Counseling Program, part of the Livermore Police Department, has provided services to the families of at·risk youth in Eastern Alameda County since 1978. These services are extended to families of youth at risk of delinquency, truancy or beyond control behavior. Horizon's requested a funding contribution of $42,000, which has been included in the proposed FY 2005-2006 Budget, representing Dublin's share of families served by the program. Council and Staff engaged in a brief question and answer session regarding this services provided to Dublin residents. Cm. McCormick asked for clarification regarding the estimated grant amount of $42,000. Police Chief Thuman advised that the exact dollar amount would not be available until the completion of the 2004-2005 fiscal year. The final cost would be based upon actual number of families served. The $42,000 is a projection and could go up or down. Cm. Oravetz asked the chances of the Alameda County funding dissolving. CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 232 Livermore Police Captain Mark Weiss advised that the Governor's proposed budget still included funding; although, there was no guarantee that it would stay there. If the funding did not materialize, Livermore would be reluctant to utilize any more of their General Fund and would have to rethink the program. On motion of Vm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 92 ~ 05 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND CITY OF LIVERMORE FOR SERVICES PROVIDED BY HORIZON'S FAMILY COUNSELING And authorized the City Manager to execute the Agreement. .. CONSENT CALENDAR 6:21 p.m. Items 4.1 through 4.2 Mayor Lockhart pulled Item 4.2 for discussion. On motion of Cm. Oravetz, seconded by Vm. Zika and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes - None Mayor Lockhart advised that she pulled Item 4.2, Agreement with CGS Consultants, Inc., for Fire Inspection Services, and asked if they would be on-site business fire inspections or reviewing the self-evaluating fire inspection forms. Fire Marshal Theresa Johnson advised that they were actual on -site fire inspections which were mostly construction related to accommodate the increase in construction activity On motion of Mayor Lockhart, seconded by Cm. McCormick and by unanimous vote, the Council adopted (4.2 600-30) RESOLUTION NO. 93 - 05 APPROVING AN AGREEMENT WITH CSG CONSULTANT SERVICES FOR FIRE INSPECTION SERVICES .. CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 233 Mayor Lockhart announced that Items 8.5 and 8. 6, related to Animal Control and Police Services Contracts, would be heard at this time. (Discussion reJIlt«i to these items is shown under New Business.) Cm. McCormick asked if the Counc1l needed to adopt a spending plan before the Police Contract could be approved. City Manager Ambrose advised that the contract could be consIdered and approved prior to the spending plan. If the Counc1l decIded to modify the contract, it would be known during the Budget discussion. .. PUBUC HEARING 2005-2006 UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004-2005 THROUGH fiSCAL YEAR gOO8-2009 7:13 p.m. 6.1 (330~40) Mayor Lockhart opened the public hearing. City Manager Richard Ambrose presented the Staff Report and advised that each year, the City Council adopts or updates the City's FiveNYear Capital Improvement Program (CIP). The CIP addresses the City's public infrastructure needs over a five-year period. Projects are identified within four major categories: General, Community Improvements, Parks and Streets. The Proposed Five Year Capital Improvement Program (CIP» Update includes projects costing a total of $207,735,442 including costs incurred in prior years for those projects that are a part of the CIP. Projected costs for the remaining four years of the CIP timeframe (Fiscal Year 2005·2006 through Fiscal Year 2008-2009) total $146,367,181. The CIP identifies projects that are wholly or partially unfunded during the CIP timeframe in the amount of $177,477,791, for which $13,665,479 in restricted funds has been collected or obligated by the City or other agencies, leaving a net shortfall of $163,812,312. The recommended CIP appropriations for Fiscal Year 2005-2006 total $51,590,638. No testimony relative to this issue was entered by any member of the public. Mayor Lockhart closed the public hearing. The Council and Staff reviewed and discussed the CIP's four major categories: General, Community Improvements, Parks, and Streets. CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 234 General: City Manager Ambrose reviewed the projects in the General category, with total expenditures estimated at $8,706,391. Twelve (12) major projects were included in FY 2005-2006, totaling $1,387,258: CTV Studio Remodel; Fire Station 16 Repairs (new); Building Permit System (new); Short-Term Office Space/Civic Center Modifications; Geographic Information System; Building Management Study (new); Habitat Monitoring Camera (new); Maintenance Facility Study (new); Civic Center Furniture Replacement- Regional Meeting Room (new); Civic Center Fuel Tank Removal (new); painting Civic Center Trellis (new); and Council Chamber Voting System(new). Cm. McCormick noted that the CTV project had been in the works for a long time and asked if the dollar amount included in the CIP was firm? Sr. Administrative Analyst Jason Behrmann advised that CTV was very close to approval through the State, which was required because the studio was on school property. Exact numbers would not be known until the project went out to bid. City Manager Ambrose advised that the project was being managed by the City of San Ramon. Community Improvements: City Manager Ambrose reviewed the projects in the Community Improvements category, with total expenditures estimated at $3,243,717. Four (4) major projects were included in FY 2005-2006, totaling $506,514: Downtown Improvement Implementation (Village Parkway Sidewalk/Lighting); Sidewalk Safety Repair; Freeway Underpass Art at Dublin Boulevard & Amador Valley Boulevard (Lighting); and Dougherty Assessment District Fence Painting (new). Parks: City Manager Ambrose reviewed the projects in the Parks category, with total expenditures estimated at $67,934,305. Ten (10) major projects were included in FY 2005-2006, totaling $10,695,709: Fallon Sport Park (Land Acquisition); Emerald Glen Park (Phase III); Emerald Glen Park Recreation & Aquatic Complex (Design); Shannon Community Center Reconstruction design (new); Senior Center; Dublin Ranch Neighborhood Parks; Dublin sports Grounds Renovation; Dublin Historic Park Master Plan; Murray Schoolhouse Exhibit Restoration; and Dougherty Hills Dog Park Design (new). CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June20,20OS PAGE 235 Vm. Zika referred to the Emerald Glen Park Phase III program and asked if it was possible to install Multi-Activity Center (MAC) Gym flooring in the gym instead of regular flooring. Parks & Community Services Director Diane Lowart advised that the report was based on Council's previous direction to exclude a MAC gym and explained that space and programming studies would have to be done to determine the feasibility. The Council discussed the suggestion and agreed that future parks would be looked at for a possible MAC Gym and the plans for Emerald Glen Park should not change at this time. Streets: City Manger Ambrose reviewed the Street Category, with total expenditures estimated at $127,851,029. Nine (9) major projects were included in FY 2005-06, totaling $39,001,157: Eastern Dublin Arterial Street Improvements; Dougherty Road Improvements - Houston Place to 1-580; 1-580 & Fallon Road Freeway Interchange Improvements - Phase I; Annual Street Overly Program; Annual Slurry Seal Program; Underground Utilities - Dublin Boulevard/Dougherty Road Intersection and Vicinity; St. Patrick Way - Regional Street to Golden Gate Drive; Scarlett Drive Iron Horse Trail Extension; and Street Light Pole Replacement. Cm. Oravetz asked when the Tri-Valley Triangle Study would be complete. Mayor Lockhart advised that it would be complete in February 2006. On motion of Vm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 96 - 05 ADOPTING THE 2005-2006 UPDATE TO THE 2004-2009 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM .. RECESS 7:46 p.m. Mayor Lockhart called for a short break. The meeting reconvened at 7:55 p.m. with all Councilmembers present. .... CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20,2005 PAGE 236 PUBLIC HEARING ADOPTION OF THE 2005-2006 ANNUAL BUDGET & fiNANCIAL PLAN 7:55 p.m. 6.2 (300-20) Mayor Lockhart opened the public hearing. City Manager Richard Ambrose presented the Staff Report and gave an overview of the Fiscal Year 2005-2006 Preliminary Budget and Financial Plan. The total recommended appropriations of $105,089,788 are allocated to the following areas: Operating Budget Capital Projects Internal Service Fund Appropriations to Reserves . General Fund . Restricted Funds Total 2005-2006 Appropriations $47,347,749 51,590,638 1,161,229 164,805 4,825,367 $105,089,788 As of the writing of the Staff Report, the State of California had not yet adopted the State Budget. The reductions in local government revenue proposed by the Governor have been included in the development of the FY 2005-2006 Preliminary Budget. The Preliminary FY 2005-2006 Budget projects a General Fund year-end surplus of approximately $164,805. It is recommended that the City Council not specifically allocate these funds until the State Budget has been official adopted. No testimony relative to this issue was entered by any member of the public. Mayor Lockhart closed the public hearing. The Council and Staff reviewed and discussed the Budget's major categories, including General Government, Public Safety, Transportation, Health & Welfare, Cultural & Leisure, and Community Development. General Government City Manager Ambrose reviewed the General Government category and associated Higher Service Levels, which included Dublin 25th Anniversary planning, increase in CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 237 part-time Sr. Office Assistant hours, Creation of a Public Information Officer position; and implementation of video- on-demand for Council meetings. The Fiscal Year 2005- 2006 recommended budget is $5,565,285, with a total increase of $716,173 or 14.8%. Public Safety City Manager Ambrose reviewed the Public Safety category and associated Higher Service Levels, which included the addition of a Sheriffs Technician position, the addition of an Administrative Aide position; financial support for Horizon's Family Counseling Services; and restricted commercial parking signage. The Fiscal Year 2005-2006 recommended budget is $21,584,473, with a total increase of $2,343,64 7 or 12.2%. Cm. McCormick asked if the Administrative Aide and Sheriff Technician positions would be civilian employees. City Manager Ambrose advised that they would be civilian, City employees. Vm. Zika suggested recruiting senior citizens to coordinate the vehicle service and maintenance records. Police Chief Thuman advised that Police Service was looking to expand its Volunteer Services Program during the next fiscal year. Transoortation City Manager Ambrose reviewed the Transportation category, which did not include any Higher Service Levels. The Fiscal Year 2005-2006 recommended budget is $2,550,168, with a total increase of $196,855 or 8.4%. Mayor Lockhart asked about the use of recycled bark chips. Public Works Director Melissa Morton advised that Staff was testing recycled bark chips in some of the landscape areas to see how the renewable resource holds up to wear. Health & welfare City Manager Ambrose reviewed the Health and Welfare category and associated Higher Service Levels, which included contributing to the Tri-Valley Housing Opportunity Center, and the possible creation of a Housing Commission/Committee. The Fiscal Year CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 238 2005-2006 recommended budget is $2,849,503, with a total decrease of $1,092,435 or 62.2%. Mayor Lockhart referred to the proposed Housing Commission/Committee and suggested possibly combining another idea with it. She indicated that a committee or group of citizens who could establish grant application criteria, review the applications and make recommendations to the Council would be a good idea, and asked if it would be appropriate to combine it with the Housing Commission instead of creating a separate group. City Manager Ambrose advised that the City could develop criteria for an annual ad-hoc taskforce to review Community Development Block Grants, other social service funding requests, as well as community group requests. The Housing Commission could also be expanded to include that responsibility. Cm. McCormick advised that she would like to see more structure to the whole grant application funding process based on solid budgeting. A funding cap should be considered. If the two groups were combined, it could be called the "Housing & Social Services Commission." Council and Staff discussed the variables of who would review the grant applications and the criteria the review would be based upon, and directed Staff to prepare alternatives for future Council consideration that would review either creating an ad-hoc taskforce or combining this responsibility with the proposed Housing Commission. Culture & Leisure Services City Manager Ambrose reviewed the Culture and Leisure category and associated Higher Service Levels, which included the purchase of Library materials, Play Area Safety Program, Fallon Afterschool Recreation Program, Teen website, and a marketing campaign for new residents. The Fiscal Year 2005-2006 recommended budget is $6,330,538, with a total increase of $761 ,561 or 13.7%. Cm. McCormick commended Staff, especially John Hartnett and Elizabeth Isles for new and wonderful programs in Heritage & Cultural Arts. Mayor Lockhart asked about the flash camera in parks. CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 239 Police Chief Thuman advised that the test camera helped to greatly reduced vandalism when in use. When someone walked by the camera, an audio alert let people know they were being filmed. The Council discussed the effectiveness of the flash camera and expressed interest in purchasing another camera for a location to be determined later. Staff advised that another camera would cost approximately $6,500. The Council directed Staff to include an additional $6,500 in the budget for the purchase of another flash camera. Mayor Lockhart referred to the Summary of 2005-2006 Community Group/ Organizational Budget Requests, and advised that the Tri-Valley Business Council was asking every City in the Valley for $25,000 except for the Town of Danville. Danville has agreed to pay $] 0,000, which was all they have historically paid even though they have served on all of the committees and participated in all decision making. It was not fair that all the other Cities were paying $15,000 more. City Manager Ambrose stated Danville's historical position has been that because so much of the focus was related to business and they did not have the major employers, they did not feel their benefit was as great. Mayor Lockhart indicated that agri-tourism and agricultural water affected them more than it would our City. The Council discussed the issue and directed Staff to budget the entire $25,000, but to advise the Tri~Valley Business Council that only $10,000 would be funded now and the other $15,000 would be paid if and when every other City in the Tri- VaHey agreed to $25,000. Community Development City Manager Ambrose reviewed the Community Development category and associated Higher Service Levels, which included the addition of a Senior Plan Checker position, convert existing files to Laserfiche; evaluate the potential of developing main street retail on Amador Plaza Road; General Plan Amendment Study for Transportation Corridor; and Commercial Rehabilitation Program. The Fiscal Year 2005-2006 recommended budget is $8,467,782, with a total increase of $671,976 or 8.6%. CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 240 City Manager Ambrose reviewed the Internal Service Fund, Proposed Appropriations to Reserves, and future budget impacts, including the final state budget deliberations on local revenues; West Dublin BART Station; and Emerald Glen Park Recreation/ Aquatic Complex. All of these issues would be brought before the Council during the summer and would have the potential to impact this budget. The Council and Staff discussed the timeline of the proposed West Dublin BART Station, as well as funding involved. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 97 - 05 ADOITING A BUDGET FOR THE CITY OF DUBLIN FOR FISCAL YEAR 2005-2006 Including an additional $6,500 in the Culture and Leisure category for the purchase of a flash camera and modifications to the Summary of Community Group Budget Requests regarding the funding of the Tri~Valley Business Council contribution. The Council commended Staff for preparing an excellent Budget. . FEASIBILITY REPORT REGARDING UGHTING AND LANDSCAPING ALONG TIlE IRON HORSE TRAIL 9:09 p.m. 7.1 (File #930-10) Public Works Director Melissa Morton presented the Staff Report, advised the City Council had requested that Staff look into the feasibility of providing lighting and landscaping along the Iron Horse Trail and discussed the various aspects of construction, maintenance, and operational issues. The Fiscal Year 2005-2006 Budget includes funding for a General Plan Study of the Union Pacific Transportation Corridor north of the Park Sierra Apartments, which the Council previously authorized. This study would evaluate the most appropriate future uses of this corridor. Staff recommended that the Council delay pursuit of the Iron Horse Trail lighting and landscaping project until completion of the General Plan Study of the Union Pacific Transportation corridor. Mayor Lockhart stated that the improvements would be too cost prohibitive. She did not realize it would cost so much when she made the suggestion. CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 241 Cm. McCormick suggested that the Council consider Staffs alternative of bi-annual wildflower seeding. City Manager Ambrose clarified that the Council wanted Staff to bring back a budget adjustment for Council consideration for the wildflower seeding alternative. Council advised yes. .. ADOPTION OF A REVISED APPROPRIATIONS UMIT FOR nSCAL YEAR 2004-2005 9:17 p.m. 8.1 (330·20) Administrative Services Director Carole Perry presented the Staff Report and advised that each year, the City Council is required by State Law to adopt an Appropriations Limit (Limit) in conjunction with the annual Budget process. The 2004-2005 Limit was calculated and adopted by Resolution No.1 21-04 on June 28, 2004. At the time the Limit was adopted, final information relating to the population for the City of Dublin and the amount of Non-Residential Assessed Valuation, both of which are used in the calculation of the Limit, was not available. Now that the information is available, it is recommended that the City Council adopt a Revised Limit for Fiscal Year 2004-2005. The proposed Revised Limit for Fiscal Year 2004-2005 is $116,083,136 and only $30,343,322 in appropriations for Fiscal Year 2004-2005 are subject to this Limit. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 98 - 05 ADOPTING A REVISED APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004-2005 OF $116,083,136 .. ADOPTION OF AN APPROPRIATIONS UMIT FOR fiSCAL YEAR 2005-20Q6 9:19 p.m. 8.2 (330-20) Administrative Services Director Carole Perry presented the Staff Report and advised that each year the City Council is required by State Law to adopt an Appropriations Limit in conjunction with the annual Budget process. The 2005·2006 Appropriations Limit is calculated by multiplying the adopted Limit for the prior year by a factor reflecting CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 242 growth increases. The proposed Limit for Fiscal Year 2005-2006 is $127,853,966 and only $34,363,583 is Appropriations for Fiscal Year 2005-2006 are subject to this Limit. On motion of Vm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 99 - 05 ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2005-2006 OF $127,853,966 .. 2004-2005 BUDGET MODIFICATION wrm REGARD TO ARTICLE XIIIB OF TIlE STATE CONSTITUTION 9:22 p.m. 8.3 (330-20) Administrative Services Director Carole Perry presented the Staff Report and advised that this action requested authorization to "appropriate" all revenues received in the current Fiscal Year 2004-2005 that are irt excess of expenditures. The actual amounts involved will be determined following the close of Fiscal Year 2004-2005. On motion of Vm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council authorized appropriations to Reserves, any revenues in excess of budgeted expenditures as of June 30,2005, as outlined in the Staff Report. .. ARCHITECT SELECTION - SHANNON COMMUNITY CENTER RECONSTRUCTION 9:25 p.m. 8,4 (600-30/110-30) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that at the April 12, 2005 special joint meeting of the Dublin City Council and Parks & Community Services Commission, the Council directed Staff to proceed with the reconstruction of a 19,760 square foot Shannon Community Center and select an architectural firm. Staff was proposing an architect selection committee comprised of the following City Staff: Assistant City Manager, Parks & Community Services Director; Parks & Facilities Development Manager; and Parks & Community Services Manager. Staff was also seeking direction as to whether a representative from the Parks & Community Services Commission and/or City Council should serve on the selection committee. CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 243 The Council discussed and agreed that a representative from both the Parks & Community Services Commission, as well as the City Council would be appropriate. Mayor Lockhart nominated Vm. Zika to be the Council representative to the committee. On motion of Mayor Lockhart, seconded by Cm. Oravetz and by unanimous vote, the Council appointed Vm. Zika to the Task Force Committee and directed Staff to work with the Parks & Community Services Commission on the selection of a Task Force representative from the Commission. .. ANIMAL CONTROL CONTRACT SERVICES REVIEW This item was heard out of order, prior to Public Hearings. 6:25 p.m. 8.5 (600-40) Sr. Administrative Analyst Amy Cunningham presented the Staff Report and advised that the City of Dublin contracts for animal control field services through the Alameda County Sheriffs office. The City of Dublin, along with the Cities of Livermore and Pleasanton and County of Alameda, also contract for animal shelter services through the Alameda County Sheriffs Office. This report provides an evaluation of animal control services received and a proposed contract for three additional years of shelter operating services with an option to extend the agreement for two additional years. Cm. McCormick asked if Ms. Cunningham sat on the Animal Shelter Advisory Committee. Ms. Cunningham advised yes, there was a representative from each agency. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 94 - 05 APPROVING THE MEMORANDUM OF UNDERSTANDING FOR ANIMAL SHELTER SERVICES And authorized the City Manager to execute the Agreement. .. CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 244 POLICE SERVICES CONTRACT EVALUATION This item was heard out of order, prior to Public Hearings. 6:31 p.m. 8.6 (600~40) Assistant City Manager Joni Pattillo presented the Staff Report and advised that the City of Dublin contracted for Police Services with the Alameda County Sheriff's Office. The report provided a comprehensive evaluation of services received and included a proposed contract for five additional years, ending June 30, 2010. The Council and Staff engaged in a question and answer session regarding motorcycle officers, narcotics seizures and sexual assaults statistics. Vm. Zika noted that the alternative work schedule was supposed to decrease overtime and commented that it decreased for a while, but was now moving up. Chief Thuman advised that a significant portion of overtime incurred during Calendar Year 2004 was directly attributable to the efforts of the Crime Suppression Team. The Crime Suppression Team was employed for the last four months of the year because there had been an increase in Part I crimes. In an endeavor to stem the tide, an enforcement component was put out to target the law violators who would come into our community and commit crimes. Much of that had to be done on an overtime basis. Through that effort, Part 1 crimes were significantly reduced, approximately 14% overall. Vm. Zika stated that was a lot of overtime and requested periodic report when the Crime Suppression Team went into effect during the holiday season that included the results of the Team's efforts to quantify the overtime. Chief Thuman agreed. Vm. Zika noted that there were 118 taxi driver permits, and asked if the City could work with the other jurisdictions in the Valley to set up a standard fee for taxi permits or have uniform rules so they can go to any of the cities to get one permit that worked for the entire Valley. Chief Thuman advised that this year's proposed budget included a modification to the ordinance would place Dublin in line with the other cities in the Tri-Valley, and would go a long way to alleviate the Council's concerns. CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 245 Mayor Lockhart expressed concern that the taxi drivers would still have to go to and get charged for each city. Mayor Lockhart asked about temporary replacements for the School Resource Officer due to illness or vacation. Chief Thuman explained the Sheriff's Office would backfill the School Resource Officer position if the officer was out 10 days or more. Mayor Lockhart noted that the " Avoid the 21" campaign was shortened by five days and had limited available personnel this year due to the deployment of the Crime Su ppression Team during the same time period and asked if the schedule would be adjusted in the future. Chief Thuman advised that typically it would not happen at the same time; however, the Crime Suppression Team was needed last year to suppress the increase in Part I crimes. Hopefully, the two events would not coincide at the same time next year. Mayor Lockhart asked about the Police response time, and how that compared to Fire response times. Council and Staff discussed Police response time factors. The response time clock started at the initiation of the call with the dispatcher and included the time the dispatcher took on the call, which at times could be lengthy, how much time it took for the dispatcher to get through to the officer, and traffic conditions facing the officers in responding to the address. The average response time from when the officer received the call from dispatch was under three minutes. Dublin response times were very consistent with other cities. Cm. Hildenbrand commended Staff for providing a very comprehensive report. Cm. McCormick noted that it would cost the City approximately $1 million more than the proposed Police contract if it had its own Police Department and asked if that was something the City should consider. City Manager Ambrose reviewed the overall cost and resource benefits of the contract and advised that it continued to provide many resources that a small agency could not provide, such as SWAT capabilities. There would also be significant capital costs, as well personnel activity that would affect other departments such as Human Resources and Finance. Dublin is the only city to contract with Alameda County Sheriff's Department CITY COlJNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 246 for Police Services, and the Sheriff works very hard to be flexible in serving Dublin's needs. On motion of Vm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 95 - 05 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR LAW ENFORCEMENT SERVICES ornER BUSINESS 9:28 p.m. City Manager Ambrose reminded Council that they had their regular meeting tomorrow night,June 21, 2005, at 7:00 p.m. Vm. Zika thanked Staff again for a wonderful job on the budget. The entire Council concurred. .. ADJOURNMENT . 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:29 p.m. to the regular meeting of June 21, 2005, beginning at 7:00 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor ATTEST: City Clerk ~ CITY COUNCIL MINUTES VOLUME 24 ADJOURNED REGULAR MEETING June 20, 2005 PAGE 247 RE6ULAß, MEETIN6 - JUNE 21. 2005 CLOSED 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 AIJ..EGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. .. REPORT ON CLOSED SESSION ACTION Mayor Lockhart reported that no action was taken. .. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 248 MAYOR'S APPOINTMENT OF STUDENT MEMBER 1'0 PARKS It 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. ÇEMETERY 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 DanvilIe 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 COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 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 win/win for the City of Dublin and totally su pports 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 TRINALLEY 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 VTA'S WHEELS ACCESSIBLE ADVISORY COMMIITEE (W MC) 7:38 p.m. 3.4 (110-30) 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 - OS AWARDING CONTRACT 05-06, STRIPING AND MARKING CONTRACT TO CHRISP COMPANY ($133,425) Adopted (4.3 600-30) RESOLUTION NO. 102 - OS 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 - OS 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 - OS 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 MINUTES VOLUME 24 REGULAR MEETING June 21, 200S PAGE 253 Adopted (4.5 600-30) RESOLUTION NO.1 05 - 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 Adopted (4.7 600-30) RESOLUTION NO. 108 - 05 AMENDING THE SALARY PLAN FOR PART-TIME TEMPORARY PERSONNEL RESOLUTION NO. 109 - 05 APPROVING AMENDMENT TO AGREEMENT WITH TRI-V ALLEY 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 PAGE 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 KLEINFELDER, 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 MINlJTES 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, 200S PAGE 257 Adopted (4.18 360-20) RESOLUTION NO. 127 - 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 UN 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 COUNCIL 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) AlITHORIZING 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. .. PUBUC HEARING - PA 05-023 AMENDMENT TO MASTER DEVELOPMENT AGREEMENT FOR mE DUBUN RANCH PROJECT (AREAS A mROUGH H) SUBMITI'ED BY TAMES TONG ON BEHALF OF mE UN 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 COUNCIL 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 THE MASTER DEVEWPMENT AGREEMENT FOR PA 05N023 THE DUBLIN RANCH PROJECT (AREAS A, B, C, D, E, F, G & H) JAMES TONG ON BEHALF OF THE LIN FAMILY Vm. Zika abstained. . PUBUC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN REAL PROPERTY AT 6400 DUBUN 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 MINlJTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 261 situated at the southwest corner of the intersection. This property, a 76 Station (APN 941-0550-009-11) is owned by Tejindar P, 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 Boulevard/Dougherty 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, 200S 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 COlJNCIL 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 NECESSITY TO CONDEMN REAL PROPERTY AT 6401 DUBLIN BOULEVARD (GASPARE) FOR THE WIDENING OF DUBUN BOULEVARD AND DOUGHERTY 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 941-0205-010- 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 COUNCIL 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 MINlJTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 266 PUBLIC HEARING DUBLIN RANCH AREA F NORTII SITE F-Z DEVELOPMENT AGREEMENT FOR PULTE HOMES PA 04-043 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 arid 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 MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 267 PUBUC HEARING ORDINANCE AMENDING CHAPTER 7.36 OF TIlE DUBLIN MUNICIPAL CODE (DMC) ADOPTING BY REFERENCE AND AMENDING TIlE 2002 EDITION OF TIlE 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 TIlE DUBLIN MUNICIPAL CODE WHICH ADOPTS BY REFERENCE AND AMENDS THE 2002 EDITION OF TIlE NATIONAL ELECTRICAL CODE . PUBLIC HEARING AMENDMENT TO TIlE CITY'S RETIREMENT CONTRACT WITH TIlE BOARD OF ADMINISTRATION OF TIlE CALIFORNIA PUBLIC EMPLOYEES' 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 (CaIPERS) 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, 2005 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-VaUey 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 ADMINISTRATION 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. .. PUBUC HEARING ORDINANCE AMENDING SECTIONS 5.32 AND 7.30 OF THE DUBUN MUNICIPAL CODE (DMC) RELATING TO saUD 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, 200S 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. . DUBLIN TRANSIT CENTER SITE B VILLAGE GREEN ALTERNATIVES PA 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 THE 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 ofthe 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 wí1l 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 2005N06. . DECLARING THE CITY OF DUBUN SUBJECT TO STATE LAW RELATING TO GEOLOGIC HAZARD ABATEMtNT 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 RECYCUNG 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. . @JOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:54 p.m. Mayor ATTEST: City Clerk .~ CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 21, 2005 PAGE 277