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HomeMy WebLinkAboutItem 4.01 Draft CC 7-6&20-04 Min REGULAR MEE.TING - JULÝ 6, 2004. CLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. CONFERENCE WITH LEGAL COUNSEL--EXISTlNG LITIGATION (Subdivision (a) of Section 54956.9) Name of Case: Dubray v. City of Dublin, Alameda County Superior Court Case No. 2002057128 2. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager A regular meeting of the Dublin City Council was held on Tuesday, July 6, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p.m., by Mayor Lockhart. .. ROLL CALL PRESENf: Councilmembers McCormick, Oravetz, Sbranti, 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 CLOSED SESSION ACTION Mayor Lockhart stated that no reportable action was taken. . CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 334 .' d~ .~ ~.~" '(J MAYOR'S APPOINTMENT OF STUDENT MEMBER TO 11IE PARKS AND COMMUNITY SERVICES COMMISSION 7:02 p.m. 3.1 (110-30) Parks and Community Services Director Diane Lowart presented the Staff Report and advised that nine applications were received for the student representative to the Parks and Community Services Commission for a term expiring June 30,2005. Staff recommended that the Council confirm the Mayor's appointment of Erik Smith. On motion of Cm. McCormick, seconded by Cm. Sbranti and by unanimous vote, the Council confirmed the Mayor's appointment of Erik Smith to the Parks and Community Services Commission for a term expiring June 30,2005. . CONSENT CALENDAR 7:04 p.m. Items 4.1 through 4.9 Mayor Lockhart pulled Item 4.5 for discussion. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of June 15,2004; Adopted (4.2 600-60) RESOLlmON NO. 123 -- 04 ACCEPTANCE OF LANDSCAPE IMPROVEMENTS FOR TRACT 7142 (DUBLIN RANCH AREA A, NEIGHBORHOOD A- 7) Adopted (4.3 670-70) RESOLtmON NO. 124 - 04 APPROVING SALE OF PROPERlY TO SCHAEFER HEIGHTS, INC., FOR WESTERLY EXTENSION OF DUBLIN BOULEVARD CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 335 Approved (4.4 600-35) the Fiscal Year 2003-2004 Budget Change for the I-580/Tassajara Road Interchange Improvements Project in the amount of $149,358; Adopted (4.6 600-30) RESOLU110N NO. 125 - 04 APPROVING AGREEMENT FOR MODII1CATIONS TO AND PURCHASE OF MODULAR BUILDING (TRAILER) AT CNIC CENTER and authorized the Mayor to execute the agreement; Approved (4.7 600-30/640-10) sixth amendment to Agreement for Legal Services and adopted RESOLtmON NO. 126 - 04 APPOINTING JOHN BAKKER, AN ASSOCIATE AT MEYERS, NAVE, RIBACK, SILVER AND WILSON, AS ASSISTANT CIlY ATTORNEY Approved (4.8 600-30) Agreement for Audit & Professional Services with Caporicci & Larson and authorized the City Manager to executed the Agreement; Approved (4.9 300-40) the Warrant Register in the amount of $1,583,999.53. Mayor Lockhart pulled Item 4.5, Consideration of Appeal of Planning Commission approval of PA 03-040, Loulåanoff Site Development Review, from the Consent Calendar and requested an update regarding the Homeowners' Association consideration of Mr. Loukianoff's request to move the storm drain easement. Applicant Alex Loulåanoff advised that he wrote a letter to the Homeowners' Association stating his needs. The HOA had also received a letter from the City Manager advising them of the City Council's support of his request. One of the HOA's Board of Directors was on vacation until last week, and had just received the letter. Preliminary discussions with the HOA seemed to indicate a willingness to work with him. He will request that the HOA copy the City Council on their decision letter. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 336 Mayor Lockhart confirmed that the resolution was set up to allow the Applicant to move forward with his project whatever the HOA's decision. If the HOA decided not to allow the storm drain easement to be moved, the 3-year bond requirement would go into effect. City Manager Richard Ambrose confinned that the resolution was set up to allow the Applicant to move forward no matter the HOA's decision. On motion of Cm. Sbranti, seconded by Cm. McCormick and by unanimous vote, the City Council adopted RESOLtmONNO.127-04 GRANTING THE APPEAL IN PART AND AffiRMING IN PART THE DECISION OF 11IE PLANNING COMMISSION GRANTING A SITE DEVELOPMENT REVIEW FOR A SINGLE- FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE .. PUBLIC HEARING CALIFORNIA VEHICLE CODE (CVC) ENFORCEMENT IN DUBLIN RANCH "M" TOWNHOUSE NEIGHBORHOODS 7:08 p.m. 6.1 (590-30) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that the City received a request from the Dublin Ranch Homeowners' Association (HOA) to enforce the California Vehicle Code (CVC) Section 21107.5 on the private streets in the Dublin Ranch townhouse neighborhoods, Tracts 6962, 6963, and 6964. The CVC requires that a local agency hold a public hearing and adopt a resolution allowing for vehicle code enforcement on private streets. Such enforcement would include any and all regulations. Affected streets include: Shadow Hill Drive, Bridgestone Circle, Topsfield Circle, Southbridge Way, Thornburgh Lane, Millbury Court, Stillwater Court, Springvale Drive, Bellevue Circle, Hartwick Drive, East Chesterfield Circle, West Chesterfield Circle, Foxcroft Way, Georgetown Circle, and Londonderry Drive. Cm. Sbranti asked if traffic on the small courts connecting to the listed streets would be enforced. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 337 Ms. Morton advised that just those streets listed, which were specifically listed in the request from the HOA, would be enforced. Some of the small private courts were actually private drives. Cm. Oravetz asked what would happen if there was an accident on one of those small streets. Ms. Morton advised that it would be a private matter on private property. The HOA specifically requested only those streets listed, predominantly due to speeding issues, not vehicular accidents. Robert Gosselin, President of the Cal Association (a subdivision of the Dublin Ranch Homeowners' Association), which requested the enforcement, specified that the courts in question were not really streets but driveways. They are completely private and the responsibility of the HOA. The HOA is requesting police enforcement because the stop signs and speed limit signs do not control the speeding. They have had multiple complaints from the homeowners regarding speeding. The HOA has tried many ways to get the vehicles to slow down, including having the Police speed trailers on the streets. Mayor Lockhart closed the public hearing. Cm. Sbranti asked how common this type of arrangement would be. City Manager Richard Ambrose advised that the Police enforces, on request, the CVC on other private streets, such as in Arroyo Vista and Hacienda Crossings. Police Chief Gary Thuman advised that the Police Department tried to do some passive enforcement in the area, such as using the radar trailer, to gain voluntary compliance. Unfortunately, they were not able to achieve that goal, which subsequently led to the request for enforcement of the CVC. Cm. McCormick asked if the Police perceived it as a problem. Chief Thuman agreed, advised that once enforcement was approved, the Police would issue warnings before citations in an attempt to gain voluntary compliance. If that goal was not achieved, official citations would be issued. On motion of Cm. Oravetz, seconded by Vm. Zika and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 338 RESOLUTION NO. 128 - 04 APPROVING ENFORCEMENT OF TRAFI1C REGULATIONS UNDER CALIFORNIA VEHICLE CODE (CVC) SECTION 21107.5 ON DESIGNATED STREETS WITHIN TRACTS 6962, 6963 AND 6964 .. PUBLIC HEARING DUBLIN PIONEER CEMETERY INTERMENT FEES 7:18 p.m. 6.2 (295-10) Mayor Lockhart opened the public hearing. Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report and advised that in April 1999, the City Council adopted a Resolution setting Interment Fees for the Dublin Pioneer Cemetery. As a result of increased labor costs, Staff recommended that the cremation burial fee increase from $180 to $230, and the full burial fee increase from $1,275 to $1,335. All plot holders have been notified of the proposed fee increase. Cm. McCormick asked if the fees included the general of mai~tenance of the common areas. Ms. Yvonne advised that the fees were related only to the direct costs of the burial alone. The City pays for the costs of the grounds maintenance. Marie Cronin, Dublin Canyon Road, stated that the cemetery was left by Mr. Dougherty for his tenant farmers and their descendents. The tenant farmers took care of the cemetery for 160 years, and the City has had it for 10 years. The intent was that pioneer families would not be charged. In the early 1960s, the Dublin Cemetery Association gave everyone a membership fee to help maintain the property. In 1994, when the cemetery was given to the City, $70,000 was also given to the City. City Manager Ambrose clarified that the actual amount was $60,000 and it was an endowment for the purpose of maintaining the cemetery, not for the actual burial. The interest from the endowment goes toward the maintenance of the cemetery, but does not come close to covering the cost that the City incurs. The fees have not been raised in over 5 years. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 339 Ms. Cronin stated that the City does not maintain the plots themselves, just the general common areas. Ms. Yvonne agreed that, at one time, the individual plots were not maintained; however, maintenance service has been increased because many of the plots do not have family in the area to do the maintenance. Ms. Cronin stated that the plots did not look well-maintained, and re-iterated that the intent was for the pioneer families to have free burial. The current fees should not be raised or grandfathered in. It would be hard to believe that no plots had been sold since 1994. Mayor Lockhart advised that all of the plots were sold by the time the City took over the cemetery. Vm. Zika asked why the citizens of Dublin should pay for people to get buried. There was no agreement between the City of Dublin and those people who own the plots to pay for the burial, and the workers doing the burial-related labor needed to be paid prevailing wages. Ms. Cronin reiterated that increased fees for the pioneer families was not justified. They contributed a lot to this community. Mayor Lockhart closed the public hearing. Mayor Lockhart recused herself from further discussion and the vote because of a potential conflict of interest as a landowner in the Dublin Cemetery. She asked Vm. Mayor Zika to complete the rest of the public hearing and left the Council Chambers. Cm. Sbranti asked for more information regarding the endowment. City Manager Ambrose advised that the endowment had been invested and the interest only is used to do maintenance at the cemetery. Current interest rates do not generate a lot of money, and not nearly enough to cover maintenance costs. Cm. Sbranti asked if it was legal to entertain the idea of using some of that endowment if the City was able to increase the size or expand the cemetery. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 340 City Manager Ambrose recollected that the agreement was silent of that issue and asked Parks & Community Services Director Diane Lowart, the document administrator, to comment. Ms. Lowart indicated that the purchase agreement between the City and Dublin Cemetery, Inc., specifically called out that the endowment needed to be used for perpetual care for the cemetery. In her opinion, if the City were to acquire additional land for the cemetery, it would be questionable as to whether or not the endowment could be used. The endowment was raised through the purchase and fees that were paid by the plot owners of the current cemetery. When the City acquired the cemetery in 1993, the purchase agreement stipulated that the City not sell any additional plots. The City has never been involved in the sale of plots. Cm. McCormick asked what the extra maintenance for the plots entailed. Ms. Lowart advised that it was weed control only. Cm. Oravetz stated that the City should do more maintenance on the cemetery, especially when the City is encouraging so many visitors. City Manager Ambrose advised that weed control has been increased significantly; much more than the endowment fund interest pays. Cm. Sbranti agreed that the maintenance has gotten better; however, if the historical area expands, the maintenance needed to be increased even more. Ms. Lowart advised that, as part of the new fiscal year budget, the maintenance level had been increased again. Every budget for the last three years has included an increase. Cm. Sbranti suggested that the issue be looked at as a higher service level during the next fiscal year. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by majority vote (Lockhart abstained), the Council adopted RESOLtmON NO. 129 - 04 ADOPTING INTERMENT FEES FOR lHE DUBLIN CEMETERY AND RESCINDING RESOLlmON NO. 76-99 Mayor Lockhart returned to the Council dais after the vote. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 341 PUBLIC HEARING ADOYf INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MmGATION MONITORING AND REPORTING PROGRAM AND AUI1IORIZE STAFF TO PROCEED WI11I CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 7:34 p.m. 6.3 (600-30/330-40) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared for the Capital Improvement Program Project, Dougherty Road Improvements - Houston Place to 1- 580. This project will widen the intersection of Dougherty Road and Dublin Boulevard, as well as construct other improvements to Dougherty Road between Houston Place and 1-580, and Dublin Boulevard between Dublin Court and Scarlett Drive. Cm. Oravetz asked if Staff had contacted the four businesses that would be displaced as a result of the project. Ms. Morton advised that the environmental document was meant to analyze the project. Staff has had preliminary discussions with the affected property owners while doing Phase 1 soils' testing on the sites. However, until the project is analyzed under CEQA, Staff cannot make any overtures with respect to property acquisition. Mayor Lockhart noted that Staff has heard from the property owners over the years. No one is surprised; they knew this was coming. It was her understanding that some of them had made arrangements to move elsewhere. Ms. Morton stated that Staff had been very open in their communications within the limits of what they could say or do. Negotiations with property owners cannot begin until it is deemed a project under CEQA. Cm. Sbranti noted that the maps looked like Scarlett Court was being taken out all together and asked if the circulation was being looked as part of this project in terms of Scarlett Court, in addition to the Dublin Boulevard/Dougherty Road intersection. Ms. Morton advised that, because of the current proximity of Scarlett Court to the intersection, when it's fully widened it would be very difficult to have right-in, right-out CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 342 configurations. The environmental document would examine a right-out only scenarios. Other alternatives were looked at, as well. The plans are very preliminary at this time and just analyzes no longer having a right-in at that location. That would be incorporated in the right-of-way discussions that Staff would have with the property owners, as well. Cm. Sbranti stated that the Scarlett Court circulation issue needed to be discussed at the same time Dublin Boulevard and Dougherty Road. Ms. Morton discussed timing issues. Vm. Zika asked if there was a preliminary time frame for this project. Ms. Morton advised that Staff anticipated that the right-of-way appraisal and acquisition would happen July 2004 through March 2005. Many parts of the project would overlap in that time period, such as design. Construction was anticipated to begin in spring 2006. Troy Kearny, owner of the Smog Station, stated that when he came to Dublin in May 2003, he inquired as to the City's plans for the area. He was advised by Staff that only the corner of his building would be taken, so he invested heavily into his business. Now he has learned that the entire building will go. No one from the City has contacted him about having to move his business or what he has to do. Mayor Lockhart indicated that her comments pertained to Miracle Auto, the business that had contacted her personally. Mr. Kearny stated that some of the businesses have been kept in the dark. When they contact the City, they are told not to worry about it. Now he is finding out that the City plans to take his entire building. He has major concerns. Mayor Lockhart advised that, until the environmental study is done, there are no straight answers. This item is authorizing the study and property owners would be contacted after the study was completed. Mr. Kearney urged the Council and Staff to really think about the businesses that have been there a long time and work closely with them. Cm. Oravetz asked about business relocation assistance. CITY COUNCIL MINUTESeVOLUME 23 REGULAR MEETING July 6, 2004 PAGE 343 Ms. Morton explained the process of relocation assistance, which would occur after the environmental document was promulgated. Under CEQA, the project must be defined before other processes could begin. Notification was sent to the property owners and the tenants requesting access to the properties for Phase I assessment on the soils. Cm. Sbranti stated that ongoing communication between businesses and the City would be very important to help facilitate the process. Ms. Morton advised that Staff has been providing the property owners with ongoing information, and reiterated that firm dates and plans cannot be given yet. Project details could still change. City Manager Ambrose advised that there have been changes to the overall roadway configuration due to the approval of the Transit Center. The changes were in response to mitigating the environmental impacts on that project. Mr. Kearney advised that his business was well-established in its current location. There is nowhere else in Dublin that would accommodate his business needs. This is a redevelopment project and his business is technically an eyesore. The City wants the eyesores out of town. Mayor Lockhart stated that the Council understood his concerns and did not want the businesses to leave Dublin. Staff would work with them to keep them in Dublin. Jeff Gil, owner of Gil's Body Works, advised that he had the same concerns as the previous speaker, whose business is in the same building as his. He has tried for several years to find out the plans for his body shop and was always told everything was okay. Now they are hearing different and felt stepped on. If they had been told 5 or 6 years ago, they could have moved to a different location. Now there is no planning time, and there is be no place in Dublin for them to go. Mayor Lockhart stated that there would be a couple of years before anything happened, and hopefully a relocation alternative would be found. Mr. Gil encouraged the Council to help his business stay in Dublin. Mayor Lockhart closed the public hearing. The Council discussed the importance of trying to keep of these necessary businesses in town. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 344 On motion of Vm. Zika, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RESOLUTION NO. 130 - 04 ADOPTING A MmGATED NEGATIVE DECLARATION AND MmGATION MONITORING AND REPORTING PROGRAM, AND AUTHORIZE STAFF TO PROCEED wrrn CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852, DOUGHERlY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 .. DUBLIN SPORTS GROUNDS PHASE III - CONTRACT 04-07 7:54 p.m. 7.1 (600-35) Parks and Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that the installation of athletic field lights for Dublin Sports Grounds was approved in the 2002-2007 Capital Improvement Program. Electrical engineering of the athletic field lights was completed in Fiscal Year 2003-2004 with construction scheduled for Fiscal Year 2004-2005. On June 1,2004, the City Council authorized Staff to advertise for bids on the project. Upon careful consideration of the bid results, Staff recommends to award the contract in the amount of $257,000 to Mike Brown Electric Company. Cm. Oravetz commented that the sports grounds are in the perfect location for lights because they are not near any homes. Having lighted sports grounds is a draw to the community. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RESOLUTION NO. 131- 04 AWARDING CONTRACT NO. 04-07, DUBLIN SPORTS GROUNDS PHASE III, TO MIKE BROWN ELECTRIC COMPANY .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 345 TERMINATION OF EMERGENCY ACTION, ANAL REPORT AND ACCEPTANCE OF WORK - CMC CENTER WATER INTRUSION AND REMEDIATION PROJEcr~ CAPITAL IMPROVEMENT PROTECf NO. 93912 7:58 p.m. 7.2 (600-30) Public Works Director Melissa Morton presented the Staff Report and advised that in March 2004, the City Council declared a state of emergency relative to water intrusion in the Civic Center and authorized funding and contracts for remediation work and repairs to the building. The work on the building has been completed within the funds budgeted for the work. On motion of Cm. Sbranti, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 132 - 04 TERMINATING STATE OF EMERGENCY AND ACCEPTING I1NAL REPORT, CIVIC CENTER REMEDIATION WORK and accepted improvements and authorized final payments to RoSa Constmction and Munters Corporation. . CONSULTANT SERVICES FOR 11IE DONLON WAY HISTORIC AREA MASTER PLAN 8:01 p.m. 8.1 (600-30) Associate Planner Kristi Bascom presented the Staff Report and advised that the development of plans for a Historical District in the Donlon Way area has been identified as a high priority in the City Council Goals & Objectives for FY 2004-05 and funds have been appropriated in the FY 2004-05 Budget to support this project. Staff has conducted interviews and is recommending a contract award to RBF Consultants for $40,000 to prepare a Master Plan for the Donlon Way Historic Area. Mayor Lockhart asked if the main difference between this project and the specific plan process was the cost. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 346 Ms. Bascom advised that the cost and the time it would take to implement it were the differences. Staff could always proceed with a specific plan after this is completed, but Staff wanted to at least get the design guidelines adopted by January 2005 before the moratorium expired. The intent was that this process be comprehensive enough to make a specific plan unnecessary. Cm. McCormick asked how that could happen. Aren't we doing just architectural design? Ms. Bascom advised that design guidelines and a master plan for the area, which will determine how the area can be pulled together as a cohesive historic district, would be done. In order to implement that, a historic district zoning ordinance overlay for the area would probably be done. Mayor Lockhart asked how that would relate to the shopping center and the City's interest in it. Ms. Bascom advised that it would not change the zoning of the shopping center or any of the parcels in the area. In the event that the City was unable to acquire the property, it would at least have some guidelines in place so that when private development came fOlWard, the City would have better control over what it looked like so it would complement the area. Cm. McCormick clarified that this item only included design guidelines, but not use guidelines. Ms. Bascom concurred, and advised that if the Council desired, Staff could do a specific plan that could examine uses in the area. In reviewing past minutes of related meetings, Staff noted Council concerns about desisn but not uses. Mayor Lockhart questioned whether this would protect the area for heritage enough. Cm. McCormick stated that it did not protect the area enough. Ms. Bascom clarified that the project would need to go through the specific plan process to make any land use changes. Planning Manager Jeri Ram explained that the proposed process was crafted from what Staff understood from past Council direction. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 347 The Council discussed the issue at length and agreed that the uses, not just design, were a concern. City Manager Ambrose suggested that the Council continue the item to the next meeting to allow Staff to incorporate the concerns expressed by the Council during this meeting into a modified plan. The timeframe of the project would be revisited, as well. On motion of Cm. McCormick, seconded by Vm. Zika and by unanimous vote the City Council continued this item to the July 20, 2004 meeting. .. RESOLUTION OF INfENTION TO ESTABLISH ULTIMATE RIGHf-OF-WAY LINES FOR TASSATARA ROAD AND FALLON ROAD . 8:13 p.m. 8.2 (820-90) Public Works Director Melissa Morton presented the Staff Report and advised that the proposed Ultimate Right-of-Way Lines for Tassajara Road and Fallon Road will establish a right-of-way alignment for the future widening of Tassajara Road to six lanes, and the future northern extension of Fallon Road to four lanes connecting to Tassajara Road pursuant to Dublin Municipal Code Chapter 7.68 and Mitigation Measure 3.3/14.0 of the Eastern Dublin Specific Plan Environment Impact Report. Staff recommended that the Council adopt the Resolution of Intention to establish ultimate right-of-way lines for Tassajara Road and Fallon Road and set a public hearing for July 20, 2004, at 7:00 p.m. to hear any protests or objections. On motion of Cm. Sbranti, seconded by Vm. Zika and by unanimous vote, the Council adopted RESOLUTION NO. 133 - 04 RESOLUTION OF INTENTION TO ESTABLISH ULTIMATE RIGHT-OF-WAY LINES FOR TASSA]ARA ROAD AND FALLON ROAD and set a public hearing for July 20, 2004, at 7:00 p.m. to hear any protests or objections. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 348 DUBLIN TRANSIT CENI'ER ART PROJECT . 8: 16 p.m. 8.3 (600-60) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report and advised that in May 2003, the Alameda County Surplus Property Authority entered into a Development Agreement with the City of Dublin for the Dublin Transit Center project. As part of the agreement, the Developer agreed to contribute $250,000 for the construction of public art. Cm. Sbranti commented that this seemed to be high visibility project and asked if there was a way to publicize that this was taking place and to encourage public input, such as a mailing through the Dublin Fine Arts Foundation. Cm. McCormick advised that she would like to see the committee enlarged. There needs to be public input. Mayor Lockhart suggested getting public input when the project had been narrowed down to 3 - 5 artists, not just one. It might be too late when just one was presented to the Heritage & Cultural Arts Commission. What if people don't like it at that point? Ms. Yvonne suggested adding a Heritage & Cultural Arts Commissioner to the selection committee. Cm. McCormick stated that it would be a good idea, and include a Parks & Community Services Commissioner, too. A BART representative, such as the current BART Director, would be advisable, as well. Ms. Yvonne suggested having a public reception when the 3 - 5 artists were determined. The Council agreed with the suggestion and discussed the need to have as much public involvement as possible when choosing public art. Mayor Lockhart noted that people seem to accept Dublin's public art because they have been part of the process. Ms. Yvonne advised that it was not intended for the process to be closed; however, because this was the first hybrid project as far as this being private art being paid by a private developer while trying to make it a public process because it is private art in a public place. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 349 The Council discussed who would make the recommendations and when. City Manager Ambrose advised that this was a unique situation, and clarified that the Council's direction was to expand the selection committee to include a member from the Heritage & Cultural Arts Commission and Parks & Community Services Commission, as well as talk to the County as to whether they would be amenable to bring 3 ~ 5 artists to the Heritage & Cultural Arts Commission. The Council concurred and added having a public reception prior to the Heritage & Cultural Arts Commission meeting. Cm. Oravetz noted the significance of the artwork at the BART station location; hundreds of people would be viewing it. City Manager Ambrose suggested inviting a member of the BART Board to be on the selection committee. The Council concurred. City Manager Ambrose clarified that it was Council's direction that Staff contact the current BART Board Director or General Manager and ask for some representation on the committee. A representative from the Heritage & Cultural Arts Commission and Parks & Community Services Commission would be invited to participate in the selection committee, as well. If the private developer concurred, 3 - 5 artists would be presented to the Heritage & Cultural Arts Commission to make a final recommendation to the Council. The Council concurred with the clarification. Mayor Lockhart noted that it was really to the Developer's benefit to have this type of selection process. Nothing is worse then getting artwork in place and then not having community support of the artwork. The Council thanked Staff for the report. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 350 AMENDED SCHEDULE OF LOCATIONS FOR 11IE POSTING OF CITY ORDINANCES 8:27 p.m. 8.4 (610-10) Deputy City Clerk Fawn Holman presented the Staff Report and advised that State law requires that all City Ordinances be published or posted in at least three public places within the City of Dublin. Due to a change in address for the Dublin Library and the recent temporary closure of Shannon Community Center, the schedule of posting locations needs to be updated to reflect the new Library address and assign the Dublin Senior Center as the replacement location for the Shannon Community Center. The three designated posting locations were recommended to be: 1) Dublin Civic Center, 100 Civic Plaza; Dublin Library, 200 Civic Plaza; and 3) Dublin Senior Center, 7437 Larkdale Avenue. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RESOLUTION NO. 134 ~ 04 AMENDING RESOLlmON NO. 109-89 RELATED TO POSTING LOCATIONS FOR CIlY ORDINANCES .. 011IER BUSINESS 8:29 p.m. City Manager Ambrose reminded the Council that the National Night Out event, sponsored by the City and the Police Department, would be held on July 13th at Alamo Creek Park from 6:00 - 9:00 p.m. City Manager Ambrose advised that a Dublin/Dublin Unified School District Liaison Committee meeting would be also be held on July 13th. Any agenda items should be routed to him for inclusion on the agenda. Cm. Oravetz congratulated the non -profit organizations for excellent fireworks sales, and noted that Dublin experienced another safe and sane holiday. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 351 Cm. Sbranti advised that Supervisor Nate Miley would be holding a public meeting at Dublin City offices on Thursday, July 15th, regarding violence prevention. The Council should have received notification and hopefully will attend. Cm. Sbranti announced that he would not be running for re-election in the November election because he was getting married and was looking to buy a house. Hopefully he would be able to stay in Dublin. If they do stay in Dublin, he would certainly stay active in the community. He advised that the open nomination period began on July 12th and encouraged potential candidates to contact the City Clerk's Office. He has enjoyed his time on the Council and would work hard for the rest of his term. Vm. Zika advised that the first meeting of the Livermore Airport Master Plan Update Advisory Committee would be held on July 14th. The committee members' were asked to send a one-page letter of their concerns. He would make certain the Council receives a copy. Mayor Lockhart advised that a resident had talked to her about the canals that run between Amador Valley Boulevard and Dublin Boulevard near Village Parkway. There are a lot of big clumps of grass growing in the bottom and making the water stagnate. The bad odor is very noticeable from Amador Valley Boulevard. Also in that area, the weeds within the fence line are very tall. Who is responsible? Mr. Ambrose clarified that it was the canal on the west side of 1-680 behind Chuck E Cheese. Mayor Lockhart indicated yes. Mr. Ambrose indicated that he was uncertain as to what agency was responsible, but would have Staff look into the issue and report back. Mayor Lockhart thanked the Fire Department for their response about the weeds along I-580, but the issue was not resolved. Mr. Ambrose advised that that section of freeway was in Pleasanton'sjurisdiction. Mayor Lockhart suggested the item be brought up at the Liaison Committee meeting scheduled to be held in the next couple of months. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 352 @JOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:58 p.m. Minutes prepared by Fawn Holman, Deputy City Clerk. Mayor A TrEST: City Clerk l~ CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 353 REGULAR MEETING - JULÝ 20, 2004 A regular meeting of the Dublin City Council was held on Tuesday,]uly 20, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Lockhart. · ROLL CALL PRESENT: ABSENT: CounciImembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. None. · PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. · PROCLAMATION 7:06 p.m. 3.1 (610-50) Mayor Lockhart read a proclamation welcoming the Valley Children's Museum to the Tri-Valley and encouraged the community to explore and utilize its creative resources. The Proclamation was received by two members of the Board, Genevieve Getman -Sowa and Rick Beaumont, who indicated they started as a grassroots organization by a group of parents and business people. They are pleased to be building a regional facility. .. APPOINTMENT OF DUBLIN MEMBERS TO LA VfA'S WHEELS ACCESSIBLE ADVISORY COMMfITEE (W AAC) 7:09 p.m. 3.2 (110-30) City Clerk Kay Keck presented the Staff Report. W MC Committee members advise the LA VfA Board of Directors on matters relating to WHEELS bus system accessibility and Dial- A-Ride services as they pertain to the elderly and persons with disabilities. Each participating agency appoints two members and one alternate to the Committee. At this time, the Mayor recommends the appointment of CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 354 Wendy Lockhart to a two-year term (expiring in June 2006) as one of the City's member representatives and the appointment of current alternate Shawn Costello to member status for a one-year term (expiring in June 2005). There are currently no applicants to fill the alternate member seat. On motion of Cm. Oravetz, seconded by Vm. Zika, and by unanimous vote, the Council confirmed the appointment of Wendy Lockhart as a member with a 2-year term and Shawn Costello as a member with a I-year term on the W AAC. +' CONSENT CALENDAR 7:11 p.m. Items 4.1 through 4.10 On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of June 28, 2004; Adopted (4.2 600-30) RESOLUTION NO. 135 - 04 APPROVING AMENDMENT TO AGREEMENT FOR GENERAL ENGINEERING SERVICES WITH SNG & ASSOCIATES, INC. Adopted (4.3 600-30) RESOLUTION NO. 136 - 04 APPROVING AMENDMENT TO AGREEMENT WITH T J KM TRANSPORTATION CONSULTANTS Adopted (4.4 600-30) RESOLUTION NO. 137 - 04 APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH OMNI-MEANS CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 355 Adopted (4.5 600-30) RESOLUTION NO. 138 - 04 APPROVING AMENDMENT TO AGREEMENT FOR GEOTECHNICAL SERVICES WITH BERLOGAR GEOTECHNICAL CONSULTANTS Adopted (4.6 600-30) RESOLUTION NO. 139 - 04 APPROVING AMENDMENT TO AGREEMENT FOR ASSESSMENT DISTRICT LANDSCAPING MAINTENANCE SERVICES WITH TRUGREEN LANDSCAPE Adopted (4.7 600-30) RESOLUTION NO. 140 - 04 APPROVING AMENDMENT TO AGREEMENT FOR CIVIL ENGINEERING AND LAND SURVEYING SERVICES WITH RBF CONSULTING Authorized (4.8 515-20) the City Manager to execute an Agreement with the Dublin Unified School District for Technical Support under the Computers for our Schools Project; Adopted (4.9 600-30) RESOLUTION NO. 141 - 04 APPROVING AGREEMENT FOR ENGINEERING SERVICES WITH ZUMWALT ENGINEERING GROUP Approved (4.10 300-40) the Warrant Register in the amount of $2,228,646.96. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 356 PUBLIC HEARING - BANCOR PROPERTIES TRALEE PLANNED DEVELOPMENT REZONE STAGE 1 AND STAGE 2 DEVEWPMENT PLAN, VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW PA 02-062 7:11 p.m. 6.1 (450-30/600-60) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report and advised that the Applicant is applying for a Stage 1 and 2 Development Plan for the 10.61-acre site located north of Dublin Boulevard and west of Dougherty Road. Approval of the Planned Development Rezone would provide for a mixed-use project that includes construction of residential townhouse-style condominium units on the site of a 104,000 square foot existing retail/ commercial building (former Pak 'N Save site). Cm. McCormick asked about the loft units. Ms. Ram advised that the applicants would address this in their presentation. Vm. Zika asked if the parcel will be split into 5 different lots. How many children are we projecting? Ms. Ram responded yes. We project 47 students between Kindergarten and 12th Grades. Michael Banducci, with Bancor Properties, stated they are excited to be here. They put in the offer to buy this property in July 2001. Three years later, here they are. This is an incredible parcel for a mixed use project. The site is very central to the whole City. They want to create a main street feel with residential which creates a community feeling. John Walder, with Turner Vasquez Architectural Firm, stated mixed use urban infill projects are exciting. They recently completed a project in Oakland near the Fruitvale BART Station. The Village Center was described. They will use a main street concept using the rural past of the community with retail tenants at ground level and residential above. The fourth floor of the buildings will have loft units with roof decks. Gary Layman, with Gizardo Partners, discussed public spaces within the project. They created a large frontage for residents and shoppers. There will be an entry court plaza off Dublin Court which goes through the central space. There will also be a bocce ball court. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 357 Mr. Banducci stated Condition # 69 of the Resolution approving the Vesting Tentative Map and Site Development Review currently states approval is required prior to installation; completion prior to first occupancy. They would like to change this to approval required prior to installation; completion prior to the occupancy in the Village Center Phase 2. On plans sheet 4 they are providing BMR units and the mix for 1 bedroom units is one BMR. There will be 53 total of the 816 square feet units. Vm. Zika asked why they broke it into 5 lots? Mr. Banducci stated it made it simpler for mapping with the condos and there maybe different pads and retail out front. It 8Ïves them more flexibility for mapping. Vm. Zika asked if they plan to have 3 different homeowner associations? Mr. Banducci stated they will probably have one, but with different budgets. Everything is community oriented. Some of the retail employees will have access to recreational opportunities. They will partner with a big national homebuilder. Vm. Zika asked about a timeframe. Mr. Banducci stated the whole site will be graded as one plan and all utilities and streets will be put in at the same time. The townhomes could be built first. Main street and retail will lag sometime later. Models could be open by the end of summer next year. In three to five years, the project could be completed. They will keep retail on the ground floor. Vm. Zika asked about potential tenants. Mr. Banducci stated they have had a strong interest, but because they don't have a project approved yet, they can't sign agreements. Cm. Oravetz stated he was concerned about some of the flow of traffic. With regard to the comment about a short bus ride to Hacienda Crossings, he asked about the location of a bus stop. Mr. Banducci indicated where the bus stop will be and stated they will contribute to funding for a bus stop. Cm. Oravetz stated this is a paradigm shift for Dublin and a really nice project. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 358 Cm. Sbranti asked about placement of the pads, in particular the one located far to the west. He also questioned the interface of residents with gas station and Dougherty Road in terms of design features and noise and how will vegetation be used to mitigate? Mr. Banducci stated the City hired a noise consultant to study this. They added some parking and shifted a building over and widened the landscaping area. Noise is really not an issue; it is more visual. Cm. McCormick stated recently we have been building bus shelters as works of art and she stated she hopes they will participate. Mr. Banducci replied as long as it doesn't look like the one over by McDonalds, they will build it. They will design a nice structure that will complement their theme. Cm. McCormick asked about affordable housing and if everybody has balconies. She noted the affordable units have been integrated in the middle. Mr. Banducci stated corner units are typically larger. Their goal is that everybody have balconies. Jeff Main stated he owns a building at 6955 Sierra Court and 150 people are employed there. This is an excellent project and will provide a welcome addition as his employees don't have much choice of places to walk to during lunch. This will also provide opportunities for his employees to live closer. This will be a real asset to Dublin. Mayor Lockhart closed the public hearing. Mayor Lockhart talked about the units that face Sierra Court. We have a couple of big trucks that like to park down there. She stated she was initially concerned, but nobody will move there without seeing what's happening. This is such a higher and better use for this property, that it overrides her concerns. Things will change gradually. She stated she also considered the loss of major retail in this area. We have added large retail and she felt we have more than compensated. Her goal is to offer residents as many different types of living as possible. She is very impressed with this project and happy to support it. Vm. Zika felt this is a beautiful project and appreciates what they have done. It is the right project in the wrong place. Putting homes right in the middle of an industrial area will result in zoning and enforcement problems. Right next door we have M 1 zoning and there is nothing we can do to change this. We have another Hooter's problem CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 359 waiting to happen. It puts more traffic at a busy intersection. Children will have to be driven to Nielsen or Dublin Elementary because Frederiksen is full. He asked for a caveat requiring all purchasers to sign a disclosure statement acknowledging that their home is in the middle of an industrial area. He also asked them to move units facing Sierra Lane to somehow be internal facing. He also requested that we get a Development Agreement on this, so it is completed in 3 years. Cm. Oravetz stated he is in full favor of the project and congratulated Mr. Banducci. This will give our City some body and real structure; especially where it is located. Cm. Sbranti stated he is really looking forward to this project coming online. It will enhance our community. He discussed the sales tax issue and also traffic at this location. There would be 9,500 trips with retail and this project generates 3,850 trips per day. We have done things with commercial that will enhance our tax base. This reduction in trips is beneficial and balances housing and growth. With regard to M 1 zoning right there, people have to know what they are getting into. People who buy into these neighborhoods know going in. Cm. McCormick stated she has been waiting for this for several years. It is a beautiful and fabulous project. A lot of people enjoy this type of industrial high energy environment. Mayor Lockhart stated she did not have a problem with changing condition #69. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by majority vote, the Council adopted RESOLUTION NO. 142 - 04 ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE BAN COR PROPERTIES TRALEE PROJECT PA 02-062 Waived the reading and introduced an Ordinance amending the Zoning Map to Rezone Property and approving a related Stage 1 and 2 Development Plan (with correction of typo related to BMR 1); and adopted (with change to Condition # 69) CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 360 RESOLUTION NO. 143 - 04 APPROVING THE VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR TRALEE DEVELOPMENT PROJECT PA 02-062 (TRACT 7457) Vm. Zika voted in opposition to the motion. . PUBLIC HEARING - GENERAL PLAN AMENDMENTS PA 02-062 & PA 02-063 FOR BANCOR PROPERTIES TRALEE AND SAN RAMON VILLAGE PLAZA PROJEcrs 8: 11 p.m. 6.2 (420-30) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report and advised that this proposed GPA consists of a change in General Plan text to create a new Mixed-Use Category in the Primary Planning Area of the General Plan, and a change in land use designation for two properties within the Primary Planning Area from Retail Office to Mixed-Use to provide for the construction of mixed use developments on each site located at 661 7 Dublin Boulevard (former Pak 'N Save Shopping Center) and 8909 San Ramon Road (San Ramon Village Shopping Center). Cm. Sbranti asked if, in looking at Camp Parks, if we end up with park land, will this go toward erasing the park deficit? Mr. Ambrose explained that the Council has identified 6 potential sites and any additional land you include in Parks & Recreation Master Plan will go toward the deficit. It can be erased in a number of ways. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Vm. Zika stated he will vote against this, but does support the San Ramon Village project. We only get 4 General Plan amendments a year so they're combined. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 361 On motion of Cm. Sbranti, seconded by Cm. McCormick, and by majority vote, the Council adopted RESOLUTION NO. 144 - 04 APPROVING AMENDMENTS TO THE GENERAL PLAN FOR THE TRALEE PROJECT PA 02-062 AND THE SAN RAMON VILLAGE PLAZA PROJECT PA 02-063 BY ADDING A NEW MIXED USE LAND USE CLASSIFICATION IN THE PRIMARY PLANNING AREA AND AMENDING THE LAND USE MAP FOR THESE PROJECT SITES ACCORDINGLY Vm. Zika voted against the motion. . PUBLIC HEARING CERTIFICATION OF INITIAL STIJDY /MITlGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TASSAJARA ROAD/FALLON ROAD ULTIMATE RlGHf-OF-WAY ALIGNMENT, AND ESTABLISH ULTIMATE RIGHT-Of-WAY LINES FOR TASSAJARA ROAD & FALLON ROAD 8:21 p.m. 6.3 (820-90) Mayor Lockhart opened the public hearing. Senior Civil Engineer Michael Stella presented the Staff Report and advised that the proposed ultimate right-of-way lines for Tassajara Road and Fallon Road will establish a right-of-way alignment for the future widening of Tassajara Road to six lanes, and the future northern extension of Fallon Road to four lanes, pursuant to Dublin Municipal Code Chapter 7.68 and Mitigation Measure 3.3/14.0 of the Eastern Dublin Specific Plan EIR. Mr. Stella reviewed the location map, the Initial Study/Mitigated Negative Declaration, with attached comments and responses, and the Mitigation Monitoring and Reporting Program. Consultant Jerry Haag, who prepared the initial study, discussed the process. Zone 7, DSRSD, the Fire Department, and the Department of Fish & Game submitted comments to which we responded. They feel confident all the mitigation measures will be carried out. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 362 Mayor Lockhart asked what happens when this road meets Contra Costa County? Mr. Stella explained how this will work. We anticipate that they will also build a 6 lane arterial which will meet up with ours because of all the development occurring in the Dougherty Valley. They are currently paying a fee to the City of Dublin to pay for future construction of this road. Vm. Zika stated when he was on the mc, Contra Costa County was insistent, based on a political decision, that this remain a 4 lane road. We can only deal with this so much. Cm. Sbranti asked if we should send a letter saying we hope they will carefully review this. Mayor Lockhart stated she felt it is a good idea to communicate with them, or sit down and talk to them about this. Cm. McCormick addressed Tiger Salamanders and survival through all of this. The final comment is for curb cuts to be installed on both side of the storm drain to allow for them. Is this acceptable practice? Mr. Stella replied he understands this is an acceptable practice. It is not our intention to jeopardize their habitat through this road construction. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 145 - 04 CERTIFYING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TASSAJARA ROAD/FAllON ROAD ULTIMATE RIGHT-Of-WAY ALIGNMENT and waived the reading and introduced an Ordinance to establish ultimate right-of-way lines for Tassajara Road and Fallon Road. ... CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 363 PUBLIC HEARING CITYWIDE STREET LIGHTING MAINI'ENANCE ASSESSMENf DISTRICT 83-1 8:41 p.m. 6.4 (360.. 50) Mayor Lockhart opened the public hearing. Senior Analyst Ginger Russell presented the Staff Report and advised that this assessment district funds the maintenance of the City's street lighting system, except for lights in Dublin Ranch and Tract 7067 (Clifden Parc). This action would approve the Engineer's Report and levy of assessments for 2004-05. The assessment for this District is not proposed to increase above the 2003-04 level. Ms. Russell indicated that Consultant Amy Roeblin and Bob Cantrell with MCE were in the audience to answer any questions. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 146 - 04 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 .. PUBLIC HEARING LANDSCAPING & LIGHTING DISTRICT NO. 83-2 (TRACT 4 719-STAGECOACH ROAD) 8:43 p.m. 6.5 (360-20) Mayor Lockhart opened the public hearing. Senior Analyst Ginger Russell presented the Staff Report and advised that this assessment district funds the maintenance of street-side landscaping along Stagecoach Road and on the interior slopes of the Dublin Hills Estates development. This action would approve the Engineer's Report and levy of assessments for 2004..05. The assessment for this District is proposed to increase 0.5% above the 2003-04 level in accordance with the terms of the Engineer's Report previously approved by property owners. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 364 No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 147 - 04 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83...2 (STAGECOACH ROAD) . PUBLIC HEARING LANDSCAPING & LIGHTING DISTRICT NO. 86-1 (VILLAGES AT WILLOW CREEK) 8:45p.m. 6.6 (360- 20) Mayor Lockhart opened the public hearing. Senior Analyst Ginger Russell presented the Staff Report and advised that this assessment district funds the maintenance of street-side landscaping along portions of Dougherty Road and Amador Valley Boulevard and certain common area landscaping within the Villages at Willow Creek development. This action would approve the Engineer's Report and levy of assessments for 2004-05. The assessment for this District is proposed to increase 0.5% above the 2003-04 level in accordance with the tenus of the Engineer's Report previously approved by property owners. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Vm. Zika, and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 365 RESOLUTION NO. 148 - 04 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES @ WILLOW CREEK) Cm. Oravetz commented this is his neighborhood and maintenance has improved there. He complimented MCE. .. PUBLIC HEARING LANDSCAPING & LIGHTING DISTRICT NO. 97-1 (SANTA RITA AREA) 8:48 p.m. 6.7 (360- 20) Mayor Lockhart opened the public hearing. Senior Analyst Ginger Russell presented the Staff Report and advised that this assessment district funds the maintenance of street-side landscaping within the Santa Rita development area, which is generally bounded by 1-580, Gleason Drive, Arnold Road and Tassajara Road. This action would approve the Engineer's Report and levy of assessments for 2004-05. The assessment for this District is not proposed to increase above the 2003-04 level. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 149 - 04 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97 -1 (SANTA RITA AREA) .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 366 PUBLIC HEARING DUBLIN RANCH STREET LIGHTING MAINI'ENANCE ASSESSMENT DISTRICT NO. 99-1 8:49 p.m. 6.8 (360-20) Mayor Lockhart opened the public hearing. Senior Analyst Ginger Russell presented the Staff Report and advised that this assessment district funds the maintenance of the City's street lighting system in Dublin Ranch and Tract 7067 (Clifden Parc). This action would approve the Engineer's Report and levy of assessments for 2004-05. The assessment for this District is not proposed to increase above the 2003-041evel. 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. 150 - 04 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99...1 (DUBLIN RANCH AND TRACT 7067) .. Mayor Lockhart announced that Item 8.5 would be moved forward on the agenda and heard as the next item. RECESS At 8:51 p.m., Mayor Lockhart called for a short recess. The meeting reconvened at 8:58 p.m., with all Councilmembers present. +. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 367 RELEASE OF REQUEST FOR PROPOSALS (RfP) FOR SOLID WASTE SERVICES 9:26 p.m. 7.1 (810-10) Senior Analyst Jason Behrmann presented the Staff Report and explained that the City Council is being asked to review, approve and authorize the release of the Request for Proposals (RFP) package for solid waste services beginning July 1, 2005. The RfP for solid waste services requires the winning proposer(s) to reimburse the City for all costs incurred to administer the competitive proposal process, including consulting and legal fees, Staff time, etc. According to the current project schedule, Staff intends to award the new Agreements no later than November 2004. It is anticipated that the City would receive the funds by the end of calendar year 2004. The Council was also asked to provide direction on Process Integrity Rules, proposed evaluation process and Measure D funding for waste transferred out of the County for disposal. RFP Summary sections 1 through 7 were discussed, which includes: Section 1 - Introduction to RFP Documents; Section 2 ~ City Information; Section 3 ~ General Instructions; Section 4 - Proposal Preparation Instructions; Section 5 - Collection Service Agreement; Section 6 ~ Disposal Service Agreement; and Section 7 - Proposal Forms. Mayor Lockhart asked if there is a possibility of raising the diversion percentage rate and if this could be tied into the contract? Mr. Behrmann stated we can write in anything we want, but this could potentially have an impact on rates. We would have to look at the penalties for not meeting the diversion rates. Cm. Sbranti agreed and asked if they could evaluate it somehow annually or every couple of years. Cm. Oravetz stated he felt technology will change and there may be ways of 40ing things to meet our goals 6 or 7 years from now that we haven't even thought of. Mr. Behrmann stated we could put in language to open this up for evaluation somehow. Cm. McCormick discussed trucks that use alternate energy sources. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 368 Mr. Behrmann advised that we are requiring them to submit a proposal using alternate source vehicles so we can compare this with natural gas vehicles. Cm. McCormick commented that in Article 20 in the agreement, related to worker retention, we don't say anything about prevailing wage. Mr. Behrmann stated there is no language and we don't require prevailing wages on most of the contracts the City enters into. He explained that the reason for leaving this out is that most of the companies in the Bay Area, or about 90% are union and they already pay prevailing wages. BFI on the Peninsula pays higher than prevailing wages. There is an administrative burden on Staff to do this and we did not feel this was a needed element. Cm. Sbranti stated he would be concerned if someone came in with a lower cost that uses non union labor. What protection do we have to safeguard the general salary ranges we have? Mr. Behrmann stated we have the worker retention language in now. Regardless of proposals we receive, if someone low balls it and uses non-union labor, we are not compelled to go with that company. These are not sealed bids. We will carefully review each proposal. Mr. Ambrose explained that this is why this is an RFP process because there are so many aspects to analyze. The Council discussed the multi-family program for used oil and filters. They requested that Staff find out costs for this program and move this to a separate cost item. The food waste program was discussed; including commercial, home daycare facilities, etc. Vm. Zika stated Pleasanton has a pilot program that is pretty successful. Process Integrity Rules process was discussed. This is totally optional and has been implemented in a number of cities. Measure D funding issues were discussed. Mr. Behrmann stated if it goes out of the County, there is nothing that requires us to pay the Measure D fee. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 369 Mr. Behrmann started we are getting more than 50% back because it is based on population and we're not sending as much to the landfill. Vm. Zika asked about the $1.25 tipping fee. Mr. Behrmann stated this only goes to the Altamont Landfill. Mr. Behrmann discussed evaluation criteria. Weighting could be determined before or after the process. Mr. Behrmann advised that Consultant Steve Harriman was present to answer any questions. Mayor Lockhart commented on out of County issue. We have two landfills in our County. Dublin has benefited greatly from the Waste Management Authority. There are so many opportunities for them to help us get where we need to be. Their goal is not 50%, but 75%. Consider keeping landfill- would not like to see us change our responsibilities to the County in keeping those programs going that are beneficial to us. Larry Dias, Teamster Representative, stated he was there representing garbage workers. He only received the RFP process today. Job security and prevailing wage are generally the only two issues that concern the workers. In his messages to the City Council, he talked about a postponement today. He is not looking to hold up our process, but concerned with complexity of what's been put into this RFP because it is inaccurate. He discussed the importance of prevailing wage to the workers. There are 6 companies in the Bay Area and all have this in the contract. One company did not agree to the provision to protect workers. It is not true that you are on your own as to providing prevailing wage. Last year a new law was passed by the State related to payment of prevailing wages to the garbage industry. This is an almost automatic standard. Union or non-union has nothing to do with this. They are only asking that workers be protected. He commented this is one of the more objective RFPs that he has seen. Most cities will try to implement new service in the spring or fall, during the slower part of the year. This one begins in July. The way it is written, nobody is covered and the companies can't successfully bid. He would like to work with Dublin on behalf of the workers. The City Council asked Staff to address the prevailing wage and protection of workers issues. Can other language be added? CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 370 Mr. Behrmann stated most of the companies in the Bay Area pay prevailing wages, so they do not see this as a problem. Mayor Lockhart asked why we can't just put this language in the contract? For her, worker protection is very important. Can this be a simple fix? Mr. Hutchinson, Consultant, stated they did discuss this at length and felt it was highly unlikely that we would get any proposals that didn't already have prevailing wage provisions. He stated he thought the City would have to establish its own prevailing wage rates. Experience has shown that every time there is a replacement, the other companies did offer comparable benefits and wages and the workers were very happy to move over. Situations in San Jose and Santa Rosa were discussed. Companies do change. John Bakker stated he was not familiar with the new state law. Cm. Sbranti stated he felt we should just put in the language. Cm. McCormick asked if we could put in language that says refer back to current collective bargaining wage. Cm. Oravetz stated they do not want to see people lose their jobs, but without creating more work for City Staff, could they say they prefer this? Mr. Hutchinson clarüied they are interested in wages that are at least as high as they currently pay? This could be mandated in the contract, or we could tell people if they don't guarantee this, it will be reflected in their evaluation. The City Council stated they want it in the contract. Cm. Sbranti discussed sub-contracting. Mr. Behrmann stated they have to disclose this in their submittal. Article 20 requires them to make a good faith effort to hire existing employees. Mr. Ambrose stated flexibility is important because companies may approach things differently. Mr. Dias stated the City Council had just been given misinformation. He could have language from his legal staff by noon tomorrow. San Jose has protected the workers, but it is the reason the law was enacted. Five of the 6 employers have agreed to accept CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 371 other's employees, but the other one hasn't. There is a law. Santa Rosa has had 3 strikes. This could be more appropriately done by resolving technical issues away from a City Council meeting. Mayor Lockhart stated we have been talking about this for a year. The fact that he came at the last minute is not the City Council's problem. Mr. Dias stated as an interested party, he could have been notified. Cm. McCormick again stated she felt prevailing wage language could go in. Mr. Ambrose stated our special legal counsel can work at putting some language together and bring back to the next meeting. Cm. Sbranti referenced page 56 of the RFP and stated he felt "just cause" could be further defined. On the first line, increase this to 6 months. Mr. Behrmann stated this would greatly affect our timeline. City Staff could work out some language. Mr. Ambrose advised that we can instruct our legal counsel regarding language and move forward. Mr. Behrmann advised that there will be a pre-bid conference and the proposers at that meeting can raise objections and we can make comments to the City Council without slowing the process. Mayor Lockhart asked if composting is mentioned anywhere? Mr. Behrmann replied yes, we require composting of all green waste as well as food waste. Mayor Lockhart stated hopefully someday we will have an Alameda County composting facility. Mayor Lockhart stated with regard to the evaluation process, she likes the double blind with weighting at the end. This makes for a fairer proposal. The City Council agreed. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 20, 2004 PAGE 372