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Item 4.01(b) Draft CC 06-03-2003 Min
CLOSED SESSION A closed session was held at B:30 p.m., regarding: Conference ~th ~gal Counsel 1) ~CIPA~D litigation- Government Co& Section 54~5B.9, Subdivision(c) ~O potential cases A regular meeting of the Dublin CiW Council was held on Tuesday~ June 3, 2003, in the Council Chambers of the Dublin Civic Center. ~e meeting was called to order at 7:08 p.m., by Mayor ~c~art. ROLL CALL P~SE~: Councilmembers McCormick, Oravetz, Sbranti, Zi~ and Mayor bc~art. ~SE~: None. PLEDGE OF ALLEGI~CE Mayor ~c~art led the Council~ Staff and those present in the pledge of allegiance to the flag. ~PORT ON CLOSED SESSION AC~ON Mayor ~c~art advised that the Council had only discussed one of the two items of potential litigation and will reconvene to Closed Session after the regular meeting. I~ODUC~ON OF NEW E~LO~E 7:09 p.m. 3.1 (700~10) DepuW Fire Marshal Sco~ McMillan was introduced to the Council. ¢3NTY CO~iNC~L M~.NUTES REGULAR MEETING PAGE 3~3 APPOINTMENTS TO PUBLIC/SEMI-PUBLIC FACIHTIES TASK FORCE (FACIHTIES TASK FORCE), PA 02-017 7:10 p.m. 3.2 (110-30) Planning Manager Jeri Ram presented the Staff Report, and indicated that at its February 18, 2003 meeting, the Council heard the results of a General Plan and Specific Plan Amendment study examining the need for Public/Semi-Public Facilities and voted to support the formation of a Facilities Task Force. At its March 18, 2003 meeting, the Council directed Staff to advertise for openings. A total of 13 applications were received. The Council had previously determined that the Task Force should include members of the community with diverse interests and members from the City Council, Planning Commission, and Chamber of Commerce. The Mayor made the following 16 appointment recommendations: Anita B. Carr, Dublin Residents/Property Owners; Brett G. Prentiss, Religious Communities; Heidi Cheema, Dublin Residents; Kevin Duggan, Dublin Residents; Martin W. Inderbitzen, Property Owners/Community Groups; Milton Righetti, Property Owners; Patrick A. Goodwin, St. Raymond Church; Patrick Croak, Property Owner; Sam Wills, Religious Communities/ Property Owners/Residents; Sam Wills, Religious Communities/Property Owners/ Residents; Seven Kent Murdock, Community Groups (Rotary)/Dublin Residents/ Property Owners; Ted C. Fairfield, Property Owners; Mayor Lockhart, City Council; Vice Mayor McCormick, City Council; Morgan King, Planning Commission; Nancy Feeley, Chamber of Commerce; and Sue Hagan, Chamber of Commerce. On motion of Cm Oravetz, seconded by Cm. Zika and by unanimous approval of the Mayor's recommendations to the Public/Semi~Public Facilities Task Force. RECOGNITION OF 2003 DUBLIN PRIDE WEEK POSTER CONTEST WINNERS, DUBLIN PRIDE TEE-SHIRT DESIGN CONTEST WINNERS, "MAKE A DIFFERENCE IN DUBLIN VOLUNTEERS/ORGANIZATIONS, DUBIJN PRIDE PARTNERS, AND CO1VdVIUNITY ROSE GARDEN DONORS 7:12 p.m. 3.3 (150-80) Assistant City Manager Joni Pattillo presented the Staff Report, reviewing the week long events and recognized the individuals and community groups who participated in the activities. Many new components were added to the event this year. C~T¥ COUNCIL V©LUME 22 ~EGC-LAR. J~e 3~, 2¢92, PAGE 354 Poster Contest First Place Prize Winners: May Cheng Dougherty Elementary Laura Nyo Shein Dublin Elementary Brittney Gallup and Corey Holt Wells Middle School Macarena Caprile Dublin High School Poster Grand Price Winner: Jaimie Kim, 3rd Grade, Dougherty Elementary. Classroom Award Winner: Mrs. Kvalheim, 3rd Grade, Dougherty Elementary. Tee-Shirt Design Contest Winner: Ali O'Connor, 7th Grade, Quarry Lane School. Organizations/Individuals recognized for "Make A Difference in Dublin" Projects, included: Senior Citizen Home Projects: Dublin High School Students and Dublin Police Services. Community Blood Drive: Dublin Lions Club and Dublin High School Students. Canned Food Drive: Wells Middle School Special Education Instructors Robbie Kreitz and Alyson Marvin, along with the Dublin Girl Scouts. Creek Clean-UP: Dublin Lions Club, and many families, individuals and students. E-Waste/Hazardous Waste Disposal Event: Waste Management. Heritage Center Picnic Table Refurbishment: Knights of Columbus. Storm Drain Painting: Dublin 4~H. Community Rose Garden: 120 rosebushes donated by individuals, businesses and community groups. Dublin Pride Partners: Waste Management, Dublin Chamber of Commerce; Tri~Valley Herald, Dublin Unified School District; Dublin San Ramon Services District, Zone 7 Water Agency, Dublin Lions Club, and Imprint Works. The special "Clean Sweep" Awards went to: Robbie Kreitz and Alison Marvin of Wells Middles School for organizing the canned food drive, which resulted in four vanloads of C~TY CeUNC~L M~NUTE$ Y©L, UME 22 J~.ne 3~ 2003 PAGE food for the Children's Emergency Relief Council; the Dublin Lions Club for taking the lead in the Blood Drive, Creek Clean-up, and Creek Clean~up BBQ; Waste Management representative Sheila Fagliano for her outstanding commitment to Dublin Pride; and Steve Martin, Wells Middle School Science Teacher for encouraging students and parents to get involved in the Creek Clean~up. The City Council recognized several members of City Staff who were instrumental in the organization and resulting success of the 2003 Dublin Pride Week: Maintenance Supervisor Bob Cantrell, Office Assistant Toni Walker, and Assistant City Manager Joni Pattillo. PROCLAMATION 7:40 p.m. 3.4 (610-50) Mayor Lockhart read a proclamation declaring the week of May 29 -June 5, 2003 as "Affordable Housing Week" in the City of Dublin. Mark Schlitt, President of the Tri~Valley Poverty Forum, accepted the proclamation, and thanked the Council for the bold and definitive actions the Council has taken in an effort to bring affordable housing to Dublin. 7:47 p.m. Rich Guarienti, Dublin Resident, read a note signed by 1 $1 seniors from the Senior Center thanking them for the new van purchased for use at the Senior Center as it w/il make travel much more safe and comfortable. The seniors consider the City Council to be their heroes. He also thanked the Council for its support of the Alamo Creek Trail at the May 20, 2005 meeting. He congratulated the Council for doing the right thing for the community. CONSENT CALENDAR 7:51 p.m. Items 4.1 through 4.14 On motion of Cm. Oravetz, seconded by Cm. Zika and by unanimous vote, the Council took the following actions: CITY C©'UNC!L VG~LUME 22 REGULAR MEETING ?AGE 356 Adopted (4.2 360-20) F, ESOLU~ON NO. 95 - 03 A RESOLUTION OF INWERWION TO LE\rY ASSESSMENTS FOR FISCAL YEAR 2003-2004~ PP~LIMINARIL'x APFRO ~J!N~ ENGINEER'S REFOR% PROVIDING FOR NOTICE OF HEARING~ AND DLP~CTING ACTIONS WITH RESPECT THERJETO and set a public hearing date of August 5, 2003; Adopted (4.3 FdJSOLUTION NO. 9G - 03 AFFROVING FRELIM!NARY ENGINEER'S REFOR% CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING ivlAt~ENANCE A. SSESSME~ DISTRICT 83- i and RESOLUTION NO. 97 - 03 APPOINTING TIME AND PLACE OF HEAFdNG PROTESTS tN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN STREET LIGHTING IvLAINTENANCE ASSESSMENT DtSIXICT 83-1 Adopted (4.4 360-20) RESOLUTION NO. 98 - 03 APPROVING PRELIMINARY ENGINEER'S REPORT2 CONFIRMING DIAGRg2Vl AND ASSESSMENW LANDSCAPING AND LIGHTING ~J~INTENANCE ASSESSMENT DiSTMCT 8~- ! (T~,CT 55 t t) and ~SOL~ON NO. 99 - 03 APFOib~iNG TIME ~ND PLACE OF HEA~NG FRO~STS IN ~LA3XON TO PROPOSED ASSESSMENTS CtW OF DUBLIN LANDSCAPING AND LIGH~NG b~INWENANCE ASSESSMENT DtST~CT g¢-i C}7T¥ COUNCilL VOLU~/~E 22 REGULAR MEET~i'~G Adopted (4.5 360~20) F~SOLUTION NO. 100 - 03 APPROVING PRELIMINARY ENGINEER'S REPORT LANDSCAPING MAINI~NANCE ASSESSMENT DISTRICT 97- (SANTA RITA AREA) and RESOLUTION NO. I_0i - 03 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) Adopted (4.6 360-20) RESOLUTION NO. !02 - 03 APPROVING FRELtMiNARY ENGINEER'S REFOR% CONFIRMING DiAGR~44M AND ASSESSMEBFF C!Tf OF DUBLIN ST~ET LIGHTING MAINWENANCE ASSESSMENT DISTRICT 99-1 and RESOLUTION NO. 103 - 03 APPOINTING ~ME AND PLACE OF HEAF, ING PROTESTS IN Fd~LATION TO PROPOSED ASSESSMENTS CiTY OF DUBLIN STREET LIGHTING M~INTENANCE ASSESSMENT DISTRICT 99~ 1 Adopted (4.7 600~$0/600-40/480~10) RESOLUTION NOo 104 - 03 AFFROV!NG COMASUNiTY DEVELOPMENT BLOCK GRANT-FUNDED AGREEMENTS \VtTH TRI-VALLEY iiAVEN~ THE DUBLIN HOUSING AUTHOF. tTY~ SPECTRUM COM, IMUNt!t' SERVICES~ tNC.~ TRI~VALLEY COM~MUNI!¥ FOUNDATION~ AND ~=ASTER SEALS BAY ARE AND AUTHORIZING THE I¢~?[OR TO SIGN THE ABOVE AGREEMENTS C'[T¥ COUNCIL M[.NUTES VOLUME 22 REGULAR MEETING ?AGE 35g Adopted (4.8 600-30) RESOLUTION NO. I05 - 03 ACCE[~ING IMPROVEMENTS TO CIVIC CEN.~R LIBRARY and authorized Staff to accept a maintenance bond in the amount of $29,796 at a future date; Adopted (4.9 600-30) I~ZSOLUTION NO. 106 - 03 APPROVING AMENDME~'xn~C #3 TO AGREEMENT WITH CC S PLANNING AND EN G,NEEPdNG, INC.~ FOR ~,ONSU~TIN~ ~ERVtCES t- 5$0/FALLON ROAD ~N,TERCHAN GE IMPROVEMENTS DESIGN and authorized the Mayor to execute the Amended Agreement; Adopted (4.10 600-40) RESOLUTION NO. 107 - 03 AFNI~OVING FUNDING AGREEMENT '~AZtTH THE CITY OF FLEASANTON FOR FINAL DESIGN AND CONSTRUCTION OF THE i-580 FREEWAY/FALLON ROAD/EL CHARRO ROAD INTERCHANGE iMPROVEMENT PROJECT - PHASE I and authorized the City Manager is authorized to execute the Agreement; Adopted (4.11 600-30) RESOLUTION NO. 108 - 05 ACCEPTING IMPROVEMENTS TO DUBLIN SPORTS GROUNDS and authorized Staff to accept a maintenance bond in the amount of $86,515 at a future date; V©LUME 22 REGULAR ?:EET:NG ?AGE Adopted (4.12 600-60) RESOLUTION NO. 109 - 03 ACCEPTANCE OF STORM Dtb\iN TPiROUGH THE GOLF COURSE AND UFGRADES TO EXISTING FALLON ROAD FOR .TRACT 7135 (DUBLIN RANCH, AREA A) Approved (4.13 600~ 30) Fifth Amendment to Agreement for Legal Services and authorized Mayor to execute same; Approved (4.14 300-40) the Warrant Register in the amount of $1,911,117.80 ~ PUBLIC HEARING EDEN HOUSING - PLANNED DEVELOPMENT REZONING STAGE 1 & 2 DEVELOPMENT PLAN 7:52 p.m. 6.1 (450~30) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report, advising that this is the second reading of an Ordinance adopting a Planned Development (PD) Rezoning Stage 1 & 2 Development Plan for Affordable Senior Housing to be located at the rear of the former Dublin Branch Library on the south side of Amador Valley Boulevard just north of Downtown Dublin. No testimony from the public was received relative to this item. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Vm. McCormick, and by unanimous vote, the Council adopted VOLUME 22 REGULAR MEETING PAGE 360 OFdDINANCE NO. 6 - 0$ AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MP~F TO REZONE FROFERTY AND APPROVE RELATED STAGE 1 AND 2 DEVELOFMENrT PLAN FOR.58 ACRES FOR FA 03-003~ EDEN HOUSING AFFORDABLE HOUSING PROJECT LOCATED AT 7606 gu\4ADOR VALLEY BOULEVARD PUBLIC HEARING VALLEY CHRIS.AN CENTER EXPANSION & MASTER PLAN - PLANNED DEVELOFMENT REZONING STAGE 1 & 2 DEVELOPMENT PLAN, FA 00-017 7:50 p.m. 6.2 (450-30) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report, advising that this was the second reading of an Ordinance approving a Planned Development (PD) District Rezoning and Stage 1 & 2 Development Plan for the expansion of the Valley Christian Center, which is located north of I~ 580 and Dublin Boulevard and west of the terminus of Betlen Drive at 7500 Inspiration Drive. The draft Ordinance reflects modifications, per Council direction at its May 20~ 2003 meeting, indicating that the 1.4-acre parcel proposed for residential development shall remain zoned as Agricultural District. No testimony from the public was received relative to this item. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Cm. Oravctz, and by unanimous vote, the Council adopted ORDINANCE NO. 7 - 03 AN ORDINANCE OF THE CIIW OF DUBLIN AMENDING TIlE ZONING iM~AF TO t~IZONE PROPERTY AND APPROVE A RELATED STATE 1 AND 2 DEVELOPMENT PLAN' FOR 49,.7 ACRES FOR FA 00~ 17 VALLEY CHRISTINA CENIZR LOCATED AT 7500 INSPIRATION DRIVE CITY COUNCIL MINUTES 'V©LUMiE 22 REGULAR ?~EETiNG PUBHC HEARING AMENDMENTS TO RESOLUTION NO. 96-84 ADOPTING FEES FOR CERTAIN MUNICIPAL SERVICES 7:54 p.m. 6.3 (180-50) Mayor Lockhart opened the public hearing. Finance Manager Fred Marsh presented the Staff Report and indicated that in August 1984 the Council adopted Resolution No. 96-84, which has since been revised several times, establishing fees and charges for certain municipal services. In 1999, the Council adopted Resolution Nos. 23-99 and 195-99 establishing administrative guidelines for the City's Eastern Dublin Traffic Impact Fee and Public Facilities Fee. The guidelines stated that the developer will pay an administrative fee to be established in the City's Master Fee Schedule to cover the administrative costs associated with establishing and monitoring the credit/reimbursement agreement. Staff has conducted an analysis of the various staff members involved in establishing and monitoring credit/reimbursement agreements and credit transfer agreements. It was determined that the administrative fee for the development of a new credit reimbursement agreement should be set at $820 and the administrative fee for the development of a new credit transfer agreement should be set at $705. Staff also recommended the addition of a clause that would allow the fees to increase on July 1st of year based, based on the Bay Area Consumer Price Index. Vm. McCormick asked what the fees were currently? Mr. Marsh advised that these administrative fees had not yet been established. Vm. McCormick noted that the proposed fees seemed a little low. Mr. Marsh explained the formula for figuring out the rates, which averaged about $90/' hour. The fees were based upon the salaries of the involved Staff members, as well as their benefits and the City's overhead. Cm. Sbranti asked if this fee was standard with other cities? Mr. Marsh indicated yes, it was very standard and was developed to recover the costs incurred by City Staff° COUNCIL MINUTES VOLUME 22 REGULAR M E E"F~ NG PAGE 552 No testimony was entered by the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. McCormick, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RE'SOLUTiON NO. i 10 - 03 ~EVIENDMENTS TO RESOLUTION 96-84~ EXHIBIT 7~ ADOPTING FEES FOR CERTAIN IVIUNICtPAL SERVICES PUBLIC HEARING ADOPTION OF ADJUSTMENT OF RATES FOR GARBAGE COLLECTION, DISPOSAL, AND RECYCIJNG SERVICES PROVIDED BY WASTE MANAGEMENT 7:58 p.m. 6.4 (810-30) Mayor Lockhart opened the public hearing. Administrative Analyst Jason Behrmann presented the Staff Report, indicating that that current garbage rates became effective July 1, 2002. In accordance with the Agreement with Waste Management, the adopted rates were scheduled to be reviewed for a rate adjustment July I, 2003. The amount of the allowed adjustment was calculated in accordance with a specific formula. The proposed rate structure is estimated to approximate the Total Target Compensation of $4,942,498. The actual percentage increase in the proposed rate category depends on the type of service. For Fiscal Year 2003~2004 it is proposed that residential and drop box rates remain unchanged, while commercial rates increase by approximately 2.99%. For most rate categories, the proposed City of Dublin rates are well below the average of the Tri-Valley agencies surveyed. Mayor Lockhart noted that the Staff Report explained why it took the commercial food waste program a while to get started and indicated it was now fully operational. What is considered "fully operational?" How many businesses are involved in the recycling program now? CiTY COUNCIL MINUTES VOLUME 22 REGULAR MEET!!NG Mr. Berhmann indicated that it is fully operational in that there is now a route and food waste is being collected. At last count, there were approximately one dozen restaurants participating in the program. Costs are still lower than revenues. At the beginning of the year as revenues Were coming in, there were no expenses so it was 100%. Now it's still a little unbalanced; there are still a little more revenues than expenditures. However, it is anticipated that, as -are continue to ramp up, those will more evenly match each other and the program will be paying for itself it that regard. Mayor Lockhart asked if big producers, such as fast food, were being targeted? Mr. Behrmann advised that they were targeting all food waste producers in the City, as well as schools. They are also working to make the program more user friendly, as well. Mayor Lockhart stated that just the sheer dollars a business can save by participating in this program should be an incentive. We need to make sure the targeted businesses understand the dollar savings by participating. The school district, especially, should be looking for ways to save money and this program could help offset the cost of their garbage pickup. Cm. Sbranti noted that the schools produced a tremendous amount of food waste. Vm. McCormick noted that the Staff Report talked about the fact that our rates are so low, it is not an incentive for commercial businesses to participate. Mr. Behrmann agreed that the rates are low and an effort has been made to increase the rates for commercial over the years. As the commercial rates continue to go up, it gives businesses even more financial incentives. Many businesses fear their business expenses, such as janitorial services, will go up if they participate. Staff is working hard to dispel some of the myths revolving around commercial food waste program as being difficult. It is anticipated that, as businesses and schools are successfully utilizing the program, their success can be incorporated into a case study to present to other businesses in order to educate them as to the program benefits. No testimony was received from the public relative to this item. Mayor Lockhart closed the public hearing. Cm. Oravetz suggested that this issue be discussed w/th the School District at the Liaison Committee level. On motion of Cm. Oravetz, seconded by Cm. Zika and by unanimous vote, the Council adopted RESOLUTION NO. 111 - 03 '?d¥iEN'DtNG THE SCHEDULE OF SERVICE RATES FOR INTEGF~\TED SOLID WASTE SERVICES PUBLIC HEARING HOUSING ELEMENT UPDATE (1999~2006) AND HOUSING ELEMENT GENERAL PLAN AMENDMENT, PA 01-040 8:09 p.m. 6.5 (430~20) Mayor Lockhart opened the pubhc hearing. Associate Planner Kristi Bascom presented the Staff Report, advising that every jurisdiction in the State of California is required to have a General Plan. One of the seven required elements is the Housing Element, which must be updated every five years in accordance vcith the release of the Regional Housing Needs Determination from the State of California and the regional planning agency. City Staff, in conjunction with Consultant Parsons Harland Bartholomew & Associates and a 15-member City Housing Task Force, developed a Draft Housing Element that address various needs relating to housing in the community. The Draft Housing Element was approved in concept by the City Council on November 19, 2002 and sent to the State Department of Housing and Community Development (HCD) for its review. Subsequently, HCD notified City Staff as to additional information which needed to be included in the Element in order to comply with State law. If the City Council approves the minor changed summarized in the Staff Report, the draft Housing Element will be sent back to HCD for a second, formal review and certification. The draft Housing Element does not propose any land use changes and will not have any environmental impacts; therefore a Negative Declaration was prepared for this project. Cm. Sbranti noted that HCD asked Staff to identify what constraints Dublin has for housing, and advised that he couldn't find the City's response to the question within the draft Housing Element. CiTY COUNCIL MINUTES VOLUME 22 REGULAR ME El7 PAGE }65 Ms. Bascom responded that the State asked Dublin to expand upon several different constraints, and reviewed where within the Staff Report those responses could be found. For example, the environmental constraints response was addressed on Page A~63. Vm. McCormick asked if the document included any language about locating housing near transportation and pedestrian access areas as energy savings. Ms. Bascom responded that Policy 5, which addresses improving housing affordability with higher densities near the BART Stations. Vm. McCormick noted that on Page 15, Valley Christian Center's proposed housing units had been included in the draft Housing Element, and asked if that should be amended. Ms. Bascom indicated that it could be amended in light of the Council's recent decision. Cm. Sbranti asked if the policy could be kept, but strike the reference to the achievement? Ms. Bascom indicated that these are achievements from the previous Housing Element, so these aren't goals. They are policies that Staff is setting for the current Housing Element. As it's currently phrased in the draft Housing Element, it's talking about something Staff had previously identified as something the City was going to do. Now we are talking about our currently policies, and we don't mention it there. Linda Mandolini, Eden Housing, advised that she had been on the Affordable Housing Task Force and commended Staff for producing an excellent Housing Element, which should work well for Dublin. Vm. McCormick asked if Staff had been in contact with HCD regarding the new version? Ms. Bascom advised that the draft had been submitted to HCD for an informal review. After making the suggested changes, Staff feels very confident in this version. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Vm. McCormick and by unanimous vote, the Council adopted RSSOLUTION NO. 1 t2 - 03 ADOPTING A N~ATIVE DECLARATION FOR i HE HOUSING ELEMENT GENERAL PLAN g2\,4ENDMENT~ FA 01-040 and RS;SOLUTION NO. I i 3 - 0S AFFROVING THE REVISED DF,~SFT HOUSING ELEMENT AND AUTHORIZING STAFF TO SUBMIT THE DRAFT TO THE STATE DEFARTMENT OF HOUSING AND COM3iUNITY DEVELOPMENT (HCD) FOR FOP, aX&AL ~VIEW AND CERTIFICATION: FA 01-040 PUBLIC HEARING LETTER OF SUPPORT AND COMMITMENT OF FINANCIAL CONTRIBUTION TO EDEN HOUSING, INC., FOR SENIOR HOUSING PROJECT AND OFFION TO LEASE AND MEMORANDUM OF OPTION OF LEASE FOR PROPERTY AT 7606 AMADOR VALLEY BOULEVARD AND RESOLUTION PROVIDING FOR THE OPTION TO I,EASE AND THE MEMORANDUM OF OPTION TO LEASE 8:18 p.m. 6.6 (600-30) Mayor Lockhart opened the public hearing. Housing Specialist Julia Abdala presented the Staff Report and indicated that on September 23, 2003, the City Council selected Eden Housing, Inc., as developer for affordable senior housing at the site of the former library located at 7606 Amador Valley Boulevard. On February 4, 2003, the Council approved a ['redevelopment Loan Agreement with Eden Housing, Inc., to provide the funding necessary to begin the pre- construction phase of the senior housing project. On May 20, 2003, the City Council approved the Planned Development Rezone/Stage 1 & 2 Development Plan. Eden Housing is preparing an application for the HUD Section 202 Supportive Housing for the elderly that is due on June 13, 2003. To be able to effectively compete for this program, the following items are required to be submitted by the City of Dublin, as the local contributor: 1) A letter of support from the City of Dublin for the project; 2) Agreement for the provision of local contributions such as financing and land; and 3) A Lease Option and Memorandum of Option to Lease to demonstrate site control. Cm. Sbranti asked why the original commitment request was for $1.8 million and now its $2.4 million? (!TY COUNCIL M~NUTES VOLUME 22 REGU LA R ME ET~NG PAGE 361 Linda Mandolini, Eden Housing, responded that there were two primary factors. First were the permits and fees, which were estimated at the time of the RFP. With an RFP a best guess estimate was made based on the schedule provided by City Staff. Eden did not estimate a sufficient amount of funds; however, they did not anticipate paying full school fees. Most of the school jurisdictions Eden has worked with have waived those fees. Eden will appeal to DUSD to waive the fees, which could save $150,000 of the City's money. The second reason the commitment request went up is because the preliminary price estimate came in about $100,000 higher than Eden had for the RFP process because things were added during the Planning Commission and building design process. Estimating is tricky when dealing with HUD, because they are slow to process. As a result, Contractors are asked to hold their price for 24 months, so when Eden does their initial estimates they try to estimate based on the fact that there is a premium for price holding. Cm. Sbranti asked if it was primarily the school fees? Ms. Mandolini advised that Eden didn't begin with a good enough ballpark on the water and sewer hookups. Eden hopes to apply to the County for their entire allocation of the HOME Funds, since Dublin has never used any. The HOME Funds received would offset some of the overage. Eden is asking the City to commit to the full amount for funding purposes, which would get them more points from HUD, but will try everything in their power to get the numbers down. The tax credit project is slightly less expensive because there is a lot more room to maneuver with tax credit than with HUD, but HUD is the most affordable way to build senior housing and the best long-term deal for the senior. Mayor Lockhart clarified that Eden planned to visit the School Board? Ms. Mandolini stated yes, and there is a State regulation Eden can point to the School Board, as well as advising them of five other jurisdictions that have relied on this regulation to reduce their fees. Typically the commercial rates are applied, which is $$ cents per square foot. That means the project would pay $12,000 instead of approximately $160,000. The seniors don't use the schools, so Eden doesn't feel like they are making an inappropriate request. Eden does pay school fees for family projects. Cm. Zika asked if the bids are competitive or does Eden use just one or two contractors? Ms. Mandolini advised that Eden uses a negotiated bid with a short list of typically four or five general contractors. Eden is required to pay, in a HUD project, the higher of the prevailing wages, which are Davis Bacon wages. The State prevailing wages are sometimes higher than Davis Bacon wages in California. C:Ff' COUNCIL M~NIiTES VOLUME 22 Jur~e 3, 2003 :PAGE 368 Cm. Zika noted that the agreement included a clause -which stated that Eden was trying to obtain welfare exemption from property taxes, and asked if Eden doesn't get the exemption will it result in another increase in cost? Ms. Mandolini advised not on a HUD project. HUD would pay if the property were required to pay the property taxes. It would be a real problem for the tax credit project because it would increase the operating expenses, which would decrease Eden's debt ability. In Alameda County, we have 100% welfare exemptions on HUD 202 projects. Cm. Zika confirmed that there would be no more surprises. Ms. Mandolini indicated she hoped not. John Collins, Sr., Allegheny Drive, asked if this senior housing project was actually age discrimination and could the City be gotten after for it? Cm. Zika stated no, because it is a State law. John Collins disagreed that the seniors don't use the schools. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Vm. McCormick and by unanimous vote, the Council adopted i~£SOLUTION NOo ! t4 - 03 AUTHORIZING THE. GRANT OF A LEASE OPTION' TO EDEN HOUStNG,~ !NC., AND RECO~.XGDATtON OF A MEMO~NDUM OF OFTfON And approved a letter of support for Eden Housing, including the commitment of Affordable Housing City funds and authorized the Mayor to sign on behalf of the City; and authorized the Mayor to execute the Option to Lease Real Property and the Memorandum of Option to Lease Real Property. CETY CO'UNCOiL MINUTES REGULAR MEEi!NG PAGE 369 CONSULTANT SELECTION FOR HISTORICAL RESOURCE IDENTIHCATION AND ARCHAEOLOGICAL ASSESSMENT WITHIN THE DONLON WAY AREA 8:34 p.m. 7.1 (600-30) Planning Manager Jeri Ram presented the Staff Report and advised that at its March 19, 2001 Goals & Objectives session, the City Council request Staff, as a high priority, to develop plans for a historical district designation on the Donlon Way area. On June 1, 2001, the Community Development Department received an application for a Site Development Review, proposing to redevelop the property known as the Dublin Square within the Donlon Way area, with a new, three-story, 89,000 square foot office building. At its meeting on June 19, 2001, the Council voted to table the consideration of an Urgency Ordinance to impose a moratorium within the Donlon Way Area. The Ordinance was being considered in light of the application for a new office building. The proposed office building application has since been withdrawn from review. At its July :3, 2001 meeting, the Council voted to proceed with a study session to examine the Donlon Way Area. The study session resulted in the Council directing Staff to undertake a Specific Plan for the Donlon Way Area. At its 2003-2004 Goals & Objectives meeting, the City Council voted to carry over, as a high priority, plans for Historical District designation for Donlon Way area and evaluate the historical potential for Donlon Way area and complete a new Specific Plan and/or Zoning for that area. An RFP was prepared and sent to 5 historical/archaeological resources firms. As a result of subsequent interviews, Staff identified Page and Turnbull for the historic resources identification and design guidelines tasks and William Self and Associates for the archaeological assessment. This item was continued from the May 20, 200:3 City Council meeting. Vm. McCormick asked if the finalized report can be used as a basis for establishing a historical district for State certification. Ms. Ram advised that it would start the process. The assessment would give the Staff the recommended boundary with the needed data to fill the forms. The Heritage & Cultural Arts Commission would review the information, as well aS the Council. The Council will be asked to determine the boundary and provide Staff with direction as to the next steps. Vm. McCormick asked if the Council could then direct Staff to pursue State or Federal historical certification? Does Dublin need to do this before we can go any further? Ms. Ram agreed, indicating that Staff would need to analyze what would be needed for that, as well. C~TY CO~.;N'C~L H~N'U-T.ES VOL U~{~E 22 R. EG ULA R M.E ET~NG PAGE rvlayor Lockhart noted that the assessment would help with the area Specific Plan, as far as identifying the historical areas within that Specific Plan. Ms. Ram indicated it would identify possible prehistoric areas, as well. Cm. Sbranti asked about the timeline to get to the Specific Plan phase. Ms. Ram advised that it would depend on how the Council wants to structure the process for the Specific Plan, for example public input, task force, etc. Cm. Sbranti asked if an assessment of the land value itself was being done or would it happen later? Mr. Ambrose advised that it would be done as part of the Specific Plan study and funding for that purpose had been included in the 200:3-04 Budget. The archaeological assessment needs to be done first because, before we take any other steps, we need to understand the constraints before moving forward with other types of assessments. Cm. Sbranti asked if the Alameda Springs would be included as part of this study? Ms. Ram indicated yes, all of the historic area and the historical, resource and community values of all of the different areas. Staff would then bring back a recommended boundary, which may include the Springs. Cm. Oravetz asked if the recommended boundary report would include the land value of the boundary that Council draws? Ms. Ram stated no, it wouldn't include the land value. Cm. Oravetz asked if Dublin would put a price on the shopping center property owner's land and include it in the report? Mr. Ambrose indicated no, specific steps needed to be taken first. On motion of Cm. Sbranti, seconded by Vm. McCormick and by unanimous vote, the Council F35$OLUTiON NO, t 1 5 - 03 APPROVING CONTRACT AGREEMENTS ~TH CONSULTANTS FOR THE HiSTO?iCAL RESOURCE ]iDENTIFICATION AND ARCHAEOLOGICAL ASSESSMENT '¢ZITHIN THE DONLON YVAY APdA C~TY C©UNC~L MINUTES V©LUME 22 REG }.iLAR ~"~ ~'~ ~ ~r~- PAGE 371 And authorized the City Manager to negotiate and execute the Contracts with Page and Turnbull (Historical Resource Consultant) and Self and Associates (Archaeological Resource ConsUltant), not to exceed $16,600 and $7,150 respectively. AWARD OF CONTRACT FOR EMERALD GLEN PARK PHASE II 8:41 p.m. 7.2 (600-35) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report and indicated that at its March 4, 2003 meeting, the City Council authorized Staff to advertise for bids on the Emerald Glen Park, Phase II. The Phase II improvements include a water feature, maintenance yard, temporary parking, Emerald Glen Park Acti-Aty center site improvements and street frontage improvements. Only two bids were received, with the low bid exceeding the available budget by $486,193 including all alternates and a 10% contingency. Without alternatives, the low bid exceeds the available budget by $439,058. The City Council can elect to proceed with one of the following options: 1) Reject all bids, revise plans and re-bid; 2) Award project with or without alternates and authorize Staff to appropriate additional funds to the project as part of the FY 2003~04 Update to the Capital Improvement Program; or 3) Award project and authorize Staff to work with Contractor to determine options for value engineering in which improvements may be eliminated or design details modified so that the improvements are retained yet modified to achieve some cost reduction. This item was continued from the May 20, 2003 City Council meeting. If it were determined that the bid should be awarded, Council would need to determine the alternates. If the Council pursued Option 3, it would be necessary to award bid and value engineering would be accomplished through deductive change orders negotiated by Staff. Cm. Zika asked if the $8,200 in Alternate #4 was for just paving the temporary parking lot, or to make it as well? Ms. Alex advised that it was to pave the parking lot, as well as the entry. It did not include making the parking lot. Cm. Zika asked how much would be saved ff the parking lot was gravel instead? Ms. Alex advised that the $8,200 would be saved. CNFY C©UNC~L MP{[}'TES REGal LAR M ~;~TiNG PAGE 372 Cm. Zika indicated that it -would be an option. He indicated that he was not interested in getting smaller trees; they take too long to grow. Could the scoreboard wait until next year? Cm. Rosemary advised that it would be most cost effective to install the scoreboard now. Cm. Zika advised that he did not want to decrease the lighting and the fountain, and asked about the DG path. Ms. Alex showed the location of the decomposed granite (DG) path and advised that it was included in the project because it was adjacent to two areas of turf on either side. Excess water crossing over the path is causing maintenance problems. Cm. Oravetz advised that he was not -willing to cut back on anything. Emerald Glen Park is an excellent park, and should be made into the jewel of our community. The Council should be talking about where to find the money. Cm. Zika stated that the money is there, but value engineering should be done. The project may have been over engineered and money can be saved. Cm. Oravetz expressed concern about reallocating the money because other projects might have to be cut back on in the future. Mayor Lockhart advised that it meant the next park just might take a little longer to establish. Once the Public Facilities Fees are gone, more have to be collected. Mr. Ambrose advised that the impact is more long~term. Since this report was prepared, Staff has completed its analysis of those impact fee funds. It does, however, raise the cost per acre of parks that are included in the Public Facilities Fee. Ultimately that cost will have to be recovered by raising the fee. Vm. McCormick stated that she would like to focus on savings, and asked for more information regarding the activity center. Why was it important to begin with and why isn't it now? Parks & Community Services Director Diane Lowart advised that when last year's CIP was created, Staff saw that it would be a number of years before a permanent facility -was constructed in the park. Parks Staff -was also looking at a potential deficit in current office space, and the need for restroom facility on that side of the park. Staff felt that installing a temporary building in the park to serve as office space, a restroom facility, C~TY C©UNC~L M~NUTES VOLUME 22 REGULAR MEETING PAGE 373 and a place to expand recreation programs to the east would solve the problem. Since then, office space has been found for Parks Staff for the next few years. If, however, the Council were to do away with activities center, Staff would come back to Council later with a proposal for a temporary restroom facility. The new CIP update will show that Parks is still recommending moving forward with the Recreation Center/Aquatics Center complex in FY 2004-05. The first permanent facility in Emerald Glen Park would be in Fall 2007. There will still be a restroom deficit, which is why Staff would return in the future with a request for some type of modular portable system. Vm. McCormick asked what the savings would be by not having the Activity center. Ms. Lowart advised that the Proposed cost of the Activity center alone was approximately $149,000, and the annual operational costs would be approximately $160,000. Mr. Ambrose advised that the other purpose of the Activity center would be to provide Staff presence in the park. Mayor Lockhart asked how long the temporary parking would last. Ms. Lowart advised that it would be there for 5 or more years, or until the permanent facility was constructed. Mayor Lockhart stated that parking is critical near the children's play area, so the temporary parking should be kept. Restrooms facilities in that area are needed, too. Cm. Sbranti asked -what costs would be involved in doing the temporary parking, as well as modular portable restrooms, but not doing the temporary activity center? Ms. Lowart advised that the temporary parking is included in the base bid, so there would be no cost savings if kept in the plan. Staff did an additive aRernate to see what the cost difference would be to have asphalt on the temporary parking, which is the $8,600. Staff does not yet have a cost estimate for the portable restroom facility. Based on Council's direction tonight, Staff would be prepared to discuss prices on temporary rest-rooms during the FY 2003~04 Budget process. Mr. Ambrose advised that the temporary facilities could not be paid for out of impact fees, so they would have to come out of the General Fund. The Council and Staff discussed the long-term impact of using the funds. Mayor Lockhart advised that she was not interested in delay. We need to maintain integrity and stay as close to the original plan as possible. It would be okay if there was no activity center in the next couple of years; however, there needs to be a restroom. Vm. McCormick agreed. Ms. Lowart pointed out that the activity center itself was not part of this contract, just the improvements associated with the activity center, such as utility hookups, etc. Without the activity center, those things wouldn't be needed. If the Council were inclined to award base bid plus the alternates, Staff would also recommend that Council provide direction to do some value engineering in order to identify the improvements that are no longer needed. At the time the Council considers the Budget, it can reevaluate the need for the activity center. Cm. Zika asked if it would be more cost effective to stub in the utilities now, as they were going to be used in the permanent structure as well. Ms. Lowart advised that Staff would evaluate that. Kasie Hildenbrand, Dublin resident, thanked the Council for apparently approving Option $ and look for other ways to save money. It is very important to keep the temporary parking in place, as well as restrooms. Ms. Alex asked the Council to review the alternates to decide which should be included, assuming that the contract would be awarded base bid. It sounds like the Council is interested in the value engineering, as well as keep the temporary parking lot, the large trees, and the lighting. As part of value engineering, the restrooms and the utilities, that may or may not be necessary if the Council decides not to pursue the activity center, should be considered. The Council discussed and agreed to keep all four alternates. On motion of Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLU~ON NO. 11 ¢ - 03 AYVARDING CONTACT NO~ 0 3- 05 EMERALD GLEN PARK PHASE It TO VALLEY CREST Lz~NDSCAPE DEVELOPMENT2 INC. CiTY C©UNC~L MINUTES V©LUME 22 REGULAR PdEET~NG And directed Staff to look at any value engineering savings on the work associated with the utilities and make certain saved monies accommodate a temporary restroom. KOLB PARK PLAY AREA RENOVATION 9:10 p.m. 7.3 (600-35) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report and indicated that at its January 21, 2003 meeting the City Council authorized Staff to distribute a Request for Proposals for the Kolb Park Play Equipment Replacement Project. At its April 1, 2003 meeting, the Council authorized Staff to issue a purchase order for play equipment from NorCal Gametime Leisure Sales, Inc. Staff has worked the play equipment representatives to prepare plans and specifications for bidding purposes, and three bids were received. Staff has determined that G&G Builders provided the lowest responsive bid at $43,000. If the contract is awarded, the project will commence in late- June. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO~ 1 17 - 0 3 AWARDING CONTRACT NO o 0 ~ 10 KOLB PARK FLAY AFoEA RENOVA2qON TO G & G BUILDING,. INCo COMMERCIAL RECYCLING PROGRAM AGREEMENT EXTENSION 9:15 p.m. 8.1 (600~30) Administrative )malyst Jason Behrmann presented the Staff Report, advising that on March 1, 1999 the City entered into an agreement with Waste Management to develop and implement an Expanded Commercial Recycling Program. The initial agreement was subsequently extended several times, with the most recent extension covering the period from July 1,2001 through June $0, 2003. Staff recommends that the term of the agreement be extended for another 24-month period. Mayor Lockhart asked if the Post Office recycles junk mail, noting that the Oakland Post Office saves $500,000 a year by recycling junk mail. C~TY COUNCIL M~NUTES VOLUME 22 REGULAR MEETING Jii~e 3~, 2003 PAGE 376 Mr. Behrmann advised that he would research that and report back to Council. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council authorized the City Manager to execute the Agreement with Waste Management extending the Commercial Program through June S0, 2005. CONSULTANT SERVICES AGREEMENT FOR PUBLIC ART MASTER PLAN 9:16 p.m. 8.2 (600~30/110-30) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report and indicated that in the 2001-2002 Goals & Objectives the Council rated a high priority to the creation of a Public Art Master Plan. At its February 18, 2003 meeting, the Council directed Staff to circulate an RFP for consultant services for the preparation of the Public Art Master Plan. Six proposals were received, and the Committee interviewed four candidates. The recommended consulting firm is Wright Consulting. The consulting team is Virginia Wright, principal, and Jerry Allen, senior associate. Staff also recommended the formation of a Public Art Task Force which, along with designated Staff, will identify key issues and provide guidance to the Consultant on Dublin's culture, review draft plans and make a final recommendation on the Public Art Master Plan to the Heritage and Cultural Arts Commission and City Council. Cm. Zika pointed out that Mr. Allen's workload was divided 20% as a consultant and 80% as Director of Cultural Affairs for the City of San Jose. Ms. Yvonne advised that the issue had been discussed during the interview process. He does have an 80-20 agreement with the City of San Jose. Mr. Zika asked if he was involved in a sign ruckus that Santa Cruz experienced a few years ago? He would be very concerned if he were involved. Ms. Yvonne was unaware of the issue; however, both he and Ms. Wright's references checked om quite highly. On motion of Vm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council authorized the Mayor to execute the Agreement with Wright Consulting not to exceed $15,000; and authorized Staff to solicit representatives for the Public Ar~ Task Force, with Vm. McCormick serving as the Council representative. 6~TY C©~iNC~iL P~d~N~STES R.EGULAR MEETING PAGE 377 REVIEW OF SERVICES AND PROPOSED AMENDMENT TO AGREEMENT WITH ALAMEDA COUNTY PUBLIC WORKS FOR TRAFFIC SIGNAL MAINTENANCE, STREET LIGHTING MAINTENANCE AND REAL ESTATE SERVICES 9:25 p.m. 8.3 (600-40) Administrative Analyst Ginger Russell presented the Staff Report, indicating that the City has contracted with Alameda County for traffic signal services since incorporation. Street lighting maintenance and real estate services were added to the contract in 1993. The current contract contains a provision relating to crossing guards; however, the City has not utilized County personnel for crossing guard services for a number of years, and the proposed amendment woUld delete the crossing guard provision. Based on the continued quality of service and cost-effectiveness exhibited by Alameda County, Staff recommended that the Council review the services provided and adopt the resolution approving the amendment to the agreement. Cm. Sbranti asked if a 5-year extension was standard. It seemed long. Ms. Russell indicated the last two extensions were 5~year terms, and 3~year terms prior that that. Cm. Sbranti asked if there was a population target that determines when it is no longer cost effective to contract out. Ms. Russell advised that it was not in terms of population, but in the number of facilities. The City of San Ramon provides in-house services. They have approximately the same number of facilities as Dublin, but their budget is about twice ours. The issue, should probably be looked at in another 3~ 5 years. It would be necessary, however, to have a maintenance yard for vehicle storage, etc. Mr. Ambrose advised that just the cost of the specialized equipment, equipment maintenance, and replacement costs would be much more expensive. Money is definitely being saved with a contract, and the number of signals going in over the next 5 years probably does not warrant bringing the service in house. On motion of Cm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the Council adopted C~TY C©~SNC~L MINUTES ¥©L~S Ni.~ 22 iR~¢iG'U LAR MEETING PAGi~ 318 F,%ESOLUTION NO~ i t8 - OS APPROVING )dvlENDMENT TO AGREEMENT WITH ALA2MEDA COUNI~' FOR TRAFFIC SIGNAl, MAINTENANCE~ STI~%ET LIGHT ~L&tNWENANCE AND F~AL ESTATE SERVICES PUBLIC ART PLAQUES 9:30 p.m. 8.5 (900~50) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report, indicating that in the 2001-2002 Goals & Objectives the Council rated a high priority to the installation, at appropriate locations, of identification plaques on all City~owned artwork in the community. At its meeting of April 17, 200:3, the Heritage & Cultural Arts Commission approved the recommended plaque mock up for fabrication. Plaques that indicated Dublin Fine Arts Foundation (DFAD participation would include their logo, as well as the City's. Vm. McCormick indicated that it was her understanding that the Dublin Fine Arts Foundation had participated in almost every piece of art in Dublin, either by monetary contribution or participation, other than Art~in-the-Park. If so, they should be recognized on other pieces of art, as well. Mr. Ambrose indicated that there were a few exceptions, such as the freeway art murals. Vm. McCormick advised that she meant the sculptures on which plaques would be installed. She felt that if it were going to be done for Art-in-the-Park, they should be recognized for the other pieces they have done. Ms. Yvonne stated she would research the issue and make certain to give credit where credit was due. Cm. Sbranti asked if that would modify the logo? Ms. Yvonne advised that it would not be a problem; a mock up had already been designed to make room for the DFAF logo as well. Mayor Lockhart asked what material would be used? CITY COUNCIL MIN'~dTES VO LUg,;91E 22 Ms. Yvonne advised that the plaques would be brass, mounted on a small pedestal or on the wall depending on the piece of art. On motion of Vm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council approved the recommended plaque mock up, with the suggested revision, for fabrication. ANNUAL REVIEW AND FEE ADJUSTMENTS FOR EXISTING BUILDING AND SAFETY CONSULTANTS, LINHART, FETERSEN AND POWERS ASSOCIATES (LF2A), BERNARD JOHNSON YOUNG, INC. (~W), AND 4LEAF, INC. 8:43 p.m. $.5 (600~30) Building Official Gregory Shreeve presented the Staff Report, advising that the City has contracted with L?2A for primary Building and Safety Services since July 1995. In FY 2000-2001 the City contracted with BJY, and added 4Leaf in FY 2001-2002 to provide additional inspection services. Due to cyclical construction activity, the City has found that this type of contract arrangement best suits the City's needs. During this time, LP2A and 4Leaf have received positive customer feedback and their work has been exemplary and responsive to the City's needs. Unfortunately, BJY has not provided service to the City's standards. The City has not been provided with building inspectors from BJY when needed, and inspectors whose services have been offered to the City do not meet City standards. Therefore, Staff is recommending that BJY's agreement with the City be discontinued. Staff is also recommending an increase in the hourly payment for Building and Safety Services. The recommended rate increase for Residential Building Inspectors is from $66 to $70 per hour, for Commercial Inspectors from $75 to $80, and ['lan Examiners from $78 to $83. The proposed rate increases reflect an increase of 3% per year over the last two-year period for an overall total increase of 6%, and are necessary in order to retain the individuals who are currently performing work for the City. August Kugler, Bernard Johnson Young (BJY), reviewed his career background and advised he had worked for BJY for the past year. BJY has put as many as 20 inspectors in front of Dublin's Building Official, most of whom the Building Official deemed unacceptable. Their two best inspectors, whom BJY brought in from out of state at great expensive to their company, are working for Dublin now but BJY is not. He accused the CN'Y CO;gN'C~L N/HN'UTES VeL~E 22 REGULAR MEET;~NG PAGE 380 City of Dublin, the Building Official in particular, of Building Inspector piracy, and expressed his outrage over being accused of not providing good inspectors, when those good inspectors are still working for Dublin. He was not asking the City Council to reinstate BJY's contract; he was asking the Council to discourage pirating as unfair business practice. He also requested the Council to refuse to increase the recommended compensation. He did not ask for any increase because he does not pirate; he does not need it. Pirating drives rates up. Mr. Ambrose advised that Dublin's Building Inspector contracts are with companies, not with individuals. The City does not get involved in the employment relationship between an individual and a company. It is understandable, from Mr. Kugler's perspective, why he is upset. But from the City's perspective, we don't know why the inspectors broke their contracts and left his employ. BJY named two employees in this case; however, BJY supplied Dublin with several other inspectors who were not acceptable to the City. Vm. McCormick asked who and where are the two inspectors he referred to? Mr. Shreeve advised that both of the inspectors currently worked for 4Leaf. Cm. Sbranti clarified that these inspectors did not leave BJY and become City employees. These inspectors left one private company and went to another private company, and Dublin has a contract with the company. The company with whom Dublin contracts sends the inspector to work for Dublin. Mr. Shreeve agreed. Mayor Lockhart expressed compassion for BJY's frustration, but job hopping is common in a lot of industries. There are a lot of other companies Dublin does business with that this rate increase relates to; it's not exclusively for two people that have left one company to go to work for another. Mr. Shreeve advised that, regarding the rate increase, LP2A would prefer to go to a percentage base, whereby they would collect 75% of all of the building permit fees that are collected. Cm. Zika stated that percentage base would be unacceptable. Mr. Ambrose noted that it is fairly standard in many contract agencies. Dublin has resisted and paid only for services received, not a revenue-sharing approach. C~iTY C©'~NC~L M.~N~JTES VOL{iME 22 PAGE 38~ Mayor Lockhart asked for confirmation that Dublin's rates have not been raised since 2001. Mr. Shreeve confirmed that the rates had not changed since July 2001. Cm. Sbranti advised that he supports the raising of rates, especially when they are smaller increases annually or bi-annually instead of larger jumps. Vm. McCormick expressed support for the increase; however, was uncomfortable with the BJY issue. Were there discussions before Staff decided to cancel the agreement? Mr. Shreeve advised that Staff had several discussions over the past year, but Staff did not have a formal meeting with BJY advising them that the issue was going to Council. Staff did, however, have conversations with BJY advising them that this was something that may be coming up. Cm. Oravetz expressed understanding for Mr. Kugler's frustration, and asked what the Council should do with the situation? Mayor Loclchart stated that it was not the City's issues. The issue is between two private companies. Cm. Zika agreed and advised that the solution would be for the private company to have contract with stipulations regarding contract termination. On motion of Cm. Zika, seconded by Cm. Sbranti, and by majority vote (McCormick abstained), the Council adopted RESOLUTION NO~ I 19 - 0 3 APPROVING FEE ~4ENDMENWS FOR APPROVED CONTRACTS 'GrITH CONSULTANTS IN THE BUILDING & SAFELY SERVICES DIVISION t~LATED TO BUILDING iNSPECTION SERVICES and authorized the Community Development Director to execute amended Agreements with LF2A and 4Leaf. PROPOSED AGREEMENT WITH PRECISION INSPECTION COMPANY, INC., AND CSG CONSULTANTS, INC.; FOR BUlLDING& SAFETY SERVICES 9:55 p.m. 8.6 (600-30) Building Official Gregory Shreeve presented the Staff Report, advising that the City has contracted with LP2A for primary Building and Safety Services since July 1995. In FY 2000~2001 the City contracted with BJY, and added 4Leaf in FY 2001-2002 to provide additional inspection services. Due to cyclical construction activity, the City has found that this type of contract arrangement best suits the City's needs. Recently, LP2A, BJY and 4Leaf have been unable to meet the need for additional qualified inspectors in a timely manner. For this reason, the City needs to contract with additional consultants for qualified contract employees. Staff is recommending the addition of Precision Inspection Company, Inc., and CSG Consultants, Inc. Both companies have extensive experience providing plan review and inspection services to numerous municipalities. On motion of Cm. Zika, seconded by Vm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. t20 - 03 APPROVING THE AGiLEEMENW WITH FILECIStON INSPECTION COMFANW~ INC., AND CSG CONSULTANTS~ INCo~ ON AN AS NEEDED BASIS FOR OVERFLOW' SERVICES IN THE BUILDING & SAFETY SERVICES DIVISION F&LATED TO iNSPECTION SERVICES OTHER BUSINESS Cm. Sbranti stated.that the recent reception for outgoing Commissioners/Committee members was a great success. Cm. Sbranti noted that Relay for Life would be this Saturday and Sunday and encouraged everyone to get out there and raise some money for the American Cancer Society; it's a great cause and a lot of fun. Vm. McCormick indicated that she recently attended the ChildCare Links brunch and handed out awards to 15 childcare providers in Dublin. She also attended the opening of final portion of Iron Horse Trail near the BART Station. She announced that the City of Dublin had received an "A" from the American Lung Association in local smoke-free CiTY COUNCIL }/}iiiiN'UTES VOLUME 22 REGULAR MEETING J'~ne 3~ 20@3 PAGE ~8~ air laws and in proactive enforcement. Only two other cities in Alameda County got a higher score than Dublin. Cm. Zika indicated that he enjoyed the trail opening last Saturday with a good crowd and many local dignitaries present. He advised that the I~ 580 Committee got a preliminary copy of the report on the I~ 550 Study, and noted that there had been discussions about a Diesel Multiple Unit (DMU) running from Tracy to Walnut Creek. The consultants and project manager will attend the second Council meeting in July to give a presentation and answer questions. He noted that the ridership suddenly went up from 3,000 additional riders to 30,000, and would be interested to hear where those people came from. He will be cooking for the Seniors on Friday morning, and will be representing the Council at the Relay for Life kick off and cooking breakfast for the walkers on Sunday morning. Cm. Oravetz advised that he will attend a League of California Cities meeting in June. June 4th there will be a public hearing at City Hall for LAVTA regarding bus fare increases. Mayor Lockhart attended an Eagle Scout program last week for Chris Witham and Jeff Carlton. She thanked EBRPD for Saturday's trail opening at BART Station. She advised that she went to a grant and aid program at the Shiva Vishnu Hindu Temple in Livermore. It's a marvelous temple built by artesian. A number of local organizations received grants from them. 10:07 p.m. The City Council reconvened to Closed Session at this time. REPORT ON CLOSED SESSION ITEM 10:39 p.m. The City Council reconvened from Closed Session with all Councilmembers present. Mayor Lockhart made the following statement: "The Council voted unanimously in closed session to direct the City Staff to prepare an initial study for the proposed Alamo Creek Bike Path and to return to the Council with the appropriate environmental document, whether a negative declaration or environmental impact statement, at the C~.TY COUNCIL 5~NUTES VOLUM~ 22 REG~iLAR MiEET}iNG PAGE 384 time Staff asked the Council to award a contract for construction of the Bike Path. We anticipate that Staff will bring a proposed contract for construction of the Bike Path to the Council in August 2003." Mayor Lockhart further stated: "The Council has received information from residents near the proposed Alamo Creek Bike Path of their intention to file suit to challenge the Council's May 20, 2003 approval of a Notice of Exemption for the proposed Alamo Creek Bike Path. Such information was received by the Council after the agenda for this meeting was posted. I therefore MOVE that the Council find there is a need to discuss the Notice of Exemption at tonight's meeting because of the possibility of litigation; that the need to take such action came to the attention of the City after the agenda was posted; and that an item be added to the agenda as Item 9.2 pursuant to Government Code Section 54954.2 to read as follows: "Consideration of Rescission of Notice of Exemption for Alamo Creek Bike Path." Mayor Lockhart advised that this motion required a 4/5 vote. On motion of Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote the City Council approved the addition of Item 9.2 "Consideration of Rescission of Notice of Exemption for Alamo Creek Bike Path" to the City Council agenda for discussion at this meeting. CONSIDERATION OF RESCISSION OF NOTICE OF EXEM}~ON FOR AJL,AMO CREEK BIKE PATH This item was added to the agenda as Item 9.2 pursuant to Government code Section ,74954.2: City Manager Richard Ambrose presented the Staff Report, and advised that, since the May 20th Council meeting regarding this particular item, Staff has reviewed the action taken by the Council. In order to assure the residents in the community that the City is environmentally responsible, Staff has determined that it would be prudent to do some additional work which the Council has already authorized. Since the City is doing that work, it would be appropriate that the Council rescind its action approving the Notice of Exemption for the Alamo Creek Bike Path. Cm. Oravetz concurred that environmental issues should be looked at before the City proceeds. CITY' C©~_JNC~i'L rSi[NUTES RE.G ULAR MEETING J~e 3~ 2003 On motion of Cm. Sbranti, seconded by Vm. McCormick, and by unanimous vote, the City Council rescinded the May 20, 2003, Notice of Exemption for the Alamo Creek Bike Path. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:46 p.m. Meeting minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor AITEST: City Clerk CiTY C©iUNC}iL M~NUTES V¢%}LUME 22 $'~!~,~e 3~ 2003 PAGE 386