HomeMy WebLinkAboutItem 4.01 Draft CC 09-21-2004 Min
R£6ULAR M££TIN6 - SEPTEMBER. 21, 2004
A regular meeting of the Dublin City Council was held on Tuesday, September 21, 2004,
in the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:03 p.m., by Mayor Lockhart.
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ROLL CALL
PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart.
ABSENT: None.
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PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the Council, Staff and those present.
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PRESENTATION BY YOUTH ADVISORY COMMITfEE
7:03 p.m. 3.1 (950-80)
Eric Smith, Youth Advisory Committee (Y AC) Member and Henry Siu on Staff gave a
PowerPoint presentation highlighting activities and accomplishments of the Youth
Advisory Committee (Y AC) over the past year.
Some of the more popular events included the Dub Town Jam, Karaoke Night and
Capture the Flag Nights. Members of Y AC also volunteered to coordinate the parking lots
and shuttles at the Day on the Glen Festival, operated the City's information booth at the
St. Patrick's Day Festival, and assisted the Alameda County Firefighters with the St.
Patrick's Day Community Pancake Breakfast.
Vm. Zika commented on the fact that the number of applications for Y AC were double
this year.
The Council complimented them on the excellent job.
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CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 434
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PRESENTATION BY COMMUNITY DEVELOPMENT DEPARTMENT
ON CURRENT DEVELOPMENT IN THE CITY
7:08 p.m. 3.2 (420~ 10)
Community Development Director Eddie Peabody made a presentation and advised that
current single-family projects under construction are Dublin Ranch Villages (Area G) by
Toll Brothers; Finn Brothers at the intersection of Fallon Road and Tassajara Road,
Greenbriar Phase III on Tassajara Road and the completion of Toll Brothers' Inverness,
Turnberry, St. Andrews II and Muirfield projects along Fallon Road.
The Council discussed the widening of Dougherty Road at Dublin Boulevard.
The new multi-family project called Dublin Ranch Villages is under construction and a
number of the 1,396 units are occupied. Construction for the Senior Housing by Eden
Housing is underway. Another multi-family project also is Fairway Ranch at Dublin
Ranch which recently started construction.
In the Commercial/Office and mixed-use category, the City has several new projects
which have been recently approved or are under construction. The projects include the
Ulferts project in the Koll Center, Trumark Commercial Center on Dublin Boulevard,
Bancor- Tralee on Dublin Boulevard and Bancor-Alcosta on San Ramon Road.
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CONSENT CALENDAR
7:30 p.m. Items 4.1 through 4.12
City Manager Richard Ambrose pulled Item 4.8.
Cm. McCormick pulled Item 4.10.
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 September 7,2004;
Authorized (4.2 600-35) the City Manager to accept the final improvements pending
completion of the remaining minor punch list items and adopted
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 435
RESOLUTION NO. 184 - 04
ACCEPTING IMPROVEMENTS TO EMERALD GLEN PARK - PHASE II
CONTRACT 03..05
and authorized Staff to accept a $229,718 maintenance bond at a future date;
Authorized (4.3 600-35) Staff to solicit bids for Contract 04~ 11, Civic Center Roof
Repair;
Adopted (4.4 350-20)
RESOLUTION NO. 185 - 04
WAIVING THE COMPETITIVE BID PROCESS AND
AUTHORIZING STAFF TO PURCHASE
5 POLICE PATROL VEHICLES DIRECTLY FROM DEALER
Adopted (4.5 600-30)
RESOLUTION NO. 186 - 04
APPROVING AMENDMENT NO.2 TO AGREEMENT
WITH JENNIFER UN REGARDING DESIGN OF THE
1-580/FALLON ROAD INTERCHANGE IMPROVEMENTS
Adopted (4.6 600-30)
RESOLUTION NO. 187 - 04
APPROVING AMENDMENT NO.4 TO THE AGREEMENT
WITH TV UN INTERNA TIONAL/CCS FOR CONSULTING SERVICES
1..580/FALLON ROAD INTERCHANGE IMPROVEMENTS PROJECT
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 436
Adopted (4.7 600-30)
RESOLUTION NO. 188 - 04
APPROVING THE IMPROVEMENT AGREEMENT WITH THE UN FAMILY
AND THE SIERRA LAND DEVELOPMENT CORPORATION
FOR STORM DRAIN LINE D - FALLON ROAD & CENTRAL PARKWAY
DUBLIN RANCH - AREA B
Received (4.9 330-50) Financial Reports for the Month of August 2004;
Adopted (4.11 700~20)
RESOLUTION NO. 189 - 04
AMENDING THE CLASSIFICATION PLAN
(PERMIT TECHNICIAN)
and
RESOLUTION NO. 190 - 04
AMENDING THE SALARY PLAN
(PERMIT TECHNICIAN)
Approved (4.12 300-40) the Warrant Register in the amount of $1,155,141.94.
Staff pulled Item 4.8 and Planning Manager Jeri Nam explained that one of the
Development Agreements listed (Dublin Ranch - Supplemental Areas F; G & H) expires
4/18/2019 rather than in 2005. Also, the Resolution places 27 rather than 28
agreements before the Council for review.
Ms. Ram explained how these agreements are reviewed and how we track them.
Cm. Sbranti questioned Greenbriar Homes Communities Phase II which says the City is
withholding acceptance untJ1improvements have been completed. He asked what
improvements need to be made.
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 437
Public Works Director Melissa Morton stated for phases land 2 there are still some minor
street improvements, striping and some trail improvements yet to be completed
Mayor lcckhart discussed the fact that mitigation measures can be found in many different
documents.
Ms. Ram stated we have many vehicles in which to do this. Infrastructure sequencing items are
rolled into the development agreement. There are a whole range of ways we do this. They're
all part of the whole process.
City Attorney Elizabeth Silver elaborated there is also environmental reVleW for all projects.
Conditions of a mitigated negative declaration must also be satisfied Also there could be
Tentative Map, General Plan, and any Specific Plan and Zoning requirements.
On motion of Cm. Sbranti, seconded by Vm. Zika, and by unanimous vote, the Council
adopted (with modifications discussed above) (4.8 600-60)
RESOLUTION NO. 191 - 04
ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS
Santa Rita Commercial Center (Tri-Valley Crossings/Homart)
Opus (Creekside Business Park)
Dublin Ranch Area A~H, Dublin Ranch Phase I
Greenbriar Homes Communities Phase I
Dublin Ranch Supplemental Areas F, G and H
SPCA, Schaefer Heights, Sybase
Emerald Glen Village Center (Waterford)
Commerce One, Greenbriar Phase II
Toll, Dublin Ranch, Area A, Neighborhoods A-6 & A-7
Toll, Dublin Ranch, Area A, Neighborhood A-i
Toll, Dublin Ranch, Area G, Neighborhood H-i
Toll, Dublin Ranch, Area G, Neighborhood H-2
Toll, Dublin Ranch, Area G, Neighborhood MH-i
Toll, Dublin Ranch, Area G, Neighborhood MH-2
Toll, Dublin Ranch, Area A, Neighborhood A4
Toll, Dublin Ranch, Area A, Neighborhood A-5
Transit Center Master
Fairway Ranch Master Agreement
Fairway Ranch Senior Housing
Fairway Ranch Multi-Family
Fairway Ranch Condominium
Toll, Dublin Ranch, Area A, Neighborhood A2
Toll, Dublin Ranch, Area A, Neighborhood A3
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21, 2004
PAGE 438
Cm. McCormick pulled Item 4.10 and stated she was very glad to see this because
workers' compensation costs have really escalated.
Mr. Ambrose explained that this pool has been in existence since 1976 and they have a
good track record Our financial proforma fits well with theirs. We are exploring the
possibility of joining this JFA. If their Board of Directors approve our membership, we
could save a consIderable amount. They've done some calculation of savings for us and
they are fairly significant. This is the first step in the process.
On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the
Council adopted (4.10 170-50)
RESOLUTION NO. 192 - 04
AUTHORIZING APPLICATION TO THE DIRECTOR OF INDUSTRIAL
RELATIONS, STATE OF CALIFORNIA, FOR A CERTIFICATE OF CONSENT
TO SELF INSURE WORKERS' COMPENSATION LlABIUTIES
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PUBUC HEARING
AMENDMENT TO CONFLICT OF INTEREST CODE
(DUBUN MUNICIPAL CODE (DMC) CHAPfER 2.24)
7:46 p.m. 6.1 (640-40)
Mayor Lockhart opened the public hearing.
City Attorney Elizabeth Silver presented the Staff Report.
The Political Reform Act requires cities to adopt a Conflict of Interest Code that designates
the Staff positions within the City making governmental decisions that could foreseeably
affect a financial interest of the employee. An additional requirement of the Political
Reform Act is that Codes be reviewed every two years to incorporate any changes which
may have occurred. This is the first reading of an Ordinance which would make changes
to Section 2.24.020 of the existing Ordinance related to designated employees. Changes
proposed include: 1) splitting the designated position of Public Works Director/City
Engineer into two separate positions to reflect personnel classification changes; and Z)
adding the position of Assistant City Attorney to the designated filer's list, subject to
Disclosure Category 2.
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 439
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. McCormick, and by unanimous vote, the
Council waived the reading and INTRODUCED the Ordinance.
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PUBLIC HEARING
AMENDMENT TO UNDERGROUND UTILITY DISTRICT 2003-01, DOUGHERTY ROAD
FROM SIERRA LANE TO DUBLIN BOULEY ARD AND DUBLIN BOULEY ARD FROM
DUBLIN COURT TO DOUGHERTY ROAD, ADDING SCARLETI COURT FROM
DUBLIN BOULEVARD TO A POINT 700 FEET SOUTH OF DUBLIN BOULEY ARD
7:48 p.m. 6.2 (1020-30)
Mayor Lockhart opened the public hearing.
Public Works Director Melissa Morton presented the Staff Report.
Adoption of this Ordinance will add a portion of Scarlett Court to the utility
undergrounding district formed as a result of the Dougherty Road Improvements,
Houston Place to 1-580, capital project in order to remove utility poles between Scarlett
Court and Dougherty Road. This is the second reading of the Ordinance.
No testimony was entered by any member of the public relative to this issue.
Mayor Lockhart closed the public hearing.
Cm. Oravetz asked if we had received any comments from any of the businesses.
Ms. Morton reminded that we had some testimony at the first hearing.-
On motion of Vm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council
waived the reading and adopted
ORDINANCE NO. 23 - 04
AMENDING UNDERGROUND UTILITY DISTRICT 2003-01
ON DOUGHERTY ROAD FROM DUBLIN BOULEVARD TO SIERRA LANE AND
ON DUBLIN BOULEVARD FROM DUBLIN COURT TO DOUGHERTY ROAD
ADDING SCARLETI COURT FROM DUBLIN BOULEY ARD TO
A POINT 700 FEET SOUTH OF DUBLIN BOULEVARD
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CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 440
AWARD OF BID CONTRACT 04-09
CENTRAL PARKWAY/PERSIMMON DRIVE SAFETY IMPROVEMENTS
7:50 p.m. 7.1 (600-35)
Public Works Director Melissa Morton presented the Staff Report.
This project will enhance the sight distance associated with the eastbound left-turn
movement from Central Parkway onto Persimmon Drive by relocating the left-turn
pocket to its ultimate location. The improvement will also include extending the median
island 12 feet to the east to further enhance sight distance and improve overall
intersection geometrics. We had $63,000 budgeted for this project and the low bid came
in at $88,669.40.
On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the
Council approved a Budget Change of $34,536 and adopted
RESOLUTION NO. 193 - 04
AWARDING CONTRACT 04..09
CENTRAL PARKWAY/PERSIMMON DRIVE SAFETY IMPROVEMENTS
TO REDGWICK CONSTRUCTION COMPANY ($88,669.40)
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PROJECT ACCEPTANCE "DIVIDED SEA" ART IN THE PARKS EMERALD GLEN PARK
7:53 p.m. 7.2 (600-30)
Parks & Community Services Director Diane Lowart presented the Staff Report.
In April 2002, the City Council approved an agreement with Artist Ned Kahn and the
Dublin Fine Arts Foundation to complete artwork for Emerald Glen Park as part of the Art
in the Parks program. The Artist has completed the project and fulfilled the requirements
of the agreement. As part of the agreement with the Artist, the City has an obligation to
formally accept the work as complete.
The artwork is quite spectacular. Many people are entranced and want to get into it and
reminded everyone that it is not for public participation. Signage has helped.
On motion of Cm. McCormick, seconded by Vm. Zika, and by unanimous vote, the
Council accepted the artwork.
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CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETINGnSeptember 21,2004
PAGE 441
UPDATE ON CITY OF DUBLIN PUBLIC SAFETY MEMORIAL
7:54 p.m. 7.3 (610-20)
Assistant City Manager Joni Pattillo presented the Staff Report.
Ms. Pattillo explained that this report was prepared in order for the Council to make a
determination of whether the City should contribute additional funding to this project.
The estimated cost for a freestanding bronze sculpture comprised of four figures
depicting a Firefighter, Police Officer and two children, is $60,000, which includes both
the pre-cast statue from the Brodin Studios and pedestal. The Council authorized the
contribution of $15,000 towards this Public Safety Memorial with the balance of
$45,000 to be raised through fundraising efforts.
The proceeds of the current fundraising efforts are as follows:
Community Fundraisin$ $20,100
Concrete Donor Engravings (In-Kind Donation) $ 6,775
City's Contribution $15,000
The Public Safety Memorial Committee was recently notified by Brodin Studios that they
could no longer guarantee the price that was originally quoted to Staff ($45,000) for the
four bronze sculptures. The price will increase to $50,000 after September 30,2004.
After discussing the various costs and funding sources, as well as the estimated amount of
funds needed ($22,305), Staff requested that the City Council consider whether the City
should contribute any additional funding and if direction is given to increase the City's
contribution, the Council should designate an amount and allow the City Manager to
authorize the Budget Change with funding coming from Unappropriated General Fund
Reserves.
Mayor Lockhart clarified we are $22,305 short as of this month.
Cm. Sbranti stated they have money coming in from IKEA and Knights of Columbus and
a few others. He commended Lt. Moon and Chief Gilbert. We have gotten a lot of $100
donations. It has been a good fundraising effort.
The Council discussed the fact that the City ended up funding way over 50% on the
bellower project.
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 442
On motion of Mayor Lockhart, seconded by Vm. Zika, and by unanimous vote, the
Council agreed to increase City funding in an amount not to exceed $22,305 and to
allow the City Manager to authorize the Budget Change with funding coming from
Unappropriated General Fund Reserves
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FISCAL YEAR 2004-05 GOALS & OBJECTIVES STATUS REPORT & CIP SCHEDULE
8:03 p.m. 8.1 (100-80)
City Manager Richard Ambrose presented the Staff Report and advised that Staff had
prepared a report apprising the City Council of the status of the FY2004-05 Goals &
Objectives as of August 31, 2004, as well as a schedule for the City's Capital
Improvement Program indicating estimated project start and completion dates.
Mayor Lockhart asked about the status under Intergovernmental Relations to explore the
feasibility of a regional cemetery.
Mr. Ambrose stated there will be a report made at the next Tri-Valley Council meeting.
We will decide then if the committee needs to meet further.
Cm. McCormick commented their work is done.
Cm. Sbranti noted that the downtown TIF is coming before the City Council on October
19th and tied to that is the economic incentive strategy.
Mr. Ambrose stated this will come to the Council on November 2nd.
Mayor Lockhart commented that under the area of development, we have an application
submitted on the DiManto property. She asked if we have seen any plans?
Mr. Peabody replied we don't have a concrete plan and nothing submitted yet.
Mayor Lockhart questioned the green building ordinance and asked what kinds of
buildings are included?
Assistant City Manager Joni Pattillo advised that guidelines will be developed and used by
the City. There is a big area that is not covered and what we are looking for is a guiding
principle point for City work.
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 443
Mr. Ambrose clarified that guidelines for private work has not yet been looked at and is
not a part of this G&O report. Alameda County Waste Management Authority has
requested to be able to make a future presentation on residential projects.
Ms. Pattillo stated the Homebuilders Association has adopted guidelines and they are still
working out some of the details. They took the Alameda County Waste Management
Authority plan and adopted it as their own.
Mayor Lockhart stated people are very interested in this.
Mayor Lockhart discussed economic development improvements at the center on Village
Parkway and Amador Valley Boulevard.
Mr. Ambrose stated Mr. Foss is talking to both owners of the shopping center all the time
and is working with them on a regular basis to encourage their efforts. This will be
development driven.
Mayor Lockhart asked about façade upgrades at Shamrock Village.
Mr. Foss stated he is in contact with Dohrken Properties on a regular basis. They are
looking to re-tenant the site and may do some façade improvements. They were hoping
to come in and get a quick Site Development Review.
Cm. Oravetz asked about the latest on the courthouse proposal?
Mr. Ambrose stated we reviewed the architectural drawings by the County and gave
them favorable comments in May and also indicated what we anticipate imposing as
conditions for mitigation. Between May and the end of last month, we had not heard
from the County. They have recently told us they are not in agreement with some of the
conditions. We are attempting to set up a meeting to work through negotiations.
Cm. McCormick asked about the status of the development of a public art masterplan.
Mr. Ambrose advised that we have had some staff changes and we are in the process of
getting this back on track.
Mayor Lockhart, under Culture & Leisure Services, listed as a medium priority, was
improvements at DHS and stated they talked about improvements at the Little Theater.
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 444
Cm. Sbranti advised that if measure C passes, the bond money will pay for these
improvements and would include a brand new gymnasium, the turf field, and all
weather track. If the bond doesn't go through, the City may want to look at some areas
for partnership.
Mayor Lockhart stated there may be opportunities at other schools if DHS is covered by
the bond.
Mayor Lockhart commented installation of lighting at freeway underpass, it says not
funded in 2004-05.
Mr. Ambrose stated we have the costs, but during the CIP discussion, it was determined
that it would not be funded this year.
Mayor Lockhart discussed public safety cultural awareness and diversity training.
Police Chief Gary Thuman stated we recently provided 8 hours of training to all staff and
as additional training comes available we will do another in March or April. This is
ongoing for not only new officers, but for current officers as well.
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CONSULTING SERVICES AGREEMENT WITH THE SPORTS MANAGEMENT GROUP
8:20 p.m. 8.2 (600-30)
Parks & Community Services Manager Paul McCreary presented the Staff Report.
The 2004-2009 Capital Improvement Program includes funding for the design and
construction of a Recreation and Aquatic Complex in Emerald Glen Park. Staff proposes
retaining the services of The Sports Management Group to conduct a feasibility study,
financial analysis and conceptual space plan for the new Recreation and Aquatic
Complex. It is also recommended that the Sports Management Group concurrently
conduct a programming study for the new Community Centers planned for Shannon and
Emerald Glen Parks.
The Agreement specifies compensation of a sum not to exceed $58,500 for services to be
performed and reimbursable costs incurred under the Agreement.
Mr. McCreary introduced Lauren Livingston, President of The Sports Management Group
who stated they actually did an update on some of the City's plans a number of years ago.
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 445
This is a real important study they are about to undertake and they look forward to the
process.
Cm. McCormick talked about the process of several workshops and then a joint meeting
with the Commission and Council.
Mr. McCreary stated they will start with individual interviews with the Councilmembers.
On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the
Council adopted
RESOLUTION NO. 194 - 04
APPROVING AN AGREEMENT WITH THE SPORTS MANAGEMENT GROUP
FOR PROFESSIONAL SERVICES
TO PREPARE A FACILITIES FEASIBILITY STUDY
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UPDATE ON THE STATE BUDGET FOR nSCAL YEAR 2004-05
8:26 p.m. 8.3 (330-20)
Finance Manager Fred Marsh presented the Staff Report and gave information available
to date regarding the State of California's Adopted Budget and the impacts to the City's
Fiscal Year 2004-05 Budget and Financial Plan.
On July 31, 2004, the Governor signed the State's Budget into law for IT 2004-05.
While the budget begins to tackle the State's shortfall, it continues to rely upon takeaways
from local government, one-time solutions, debt rollovers, and borrowing to close the
deficit.
The State budget agreement proposes several crucial future protections for city revenues,
including: complete protection of the remaining VLF, the property tax backfill for sales
tax in the Triple Flip, the constitutional guarantee to return the 'l4 cent sales tax
suspended by the triple flip, complete protection of the Bradley-Burns sales tax, a
prohibition against future ERAF shifts, and a requirement for a two-thirds vote to
reallocate the property tax (now a simple majority). It also reforms the unfunded
mandate reimbursement process, providing for a suspension of these mandates if the
costs are not paid. Noted, however, was the fact that all of these proposed protections are
contingent upon the voters approving Proposition 1A in the November 2004 election.
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21, 2004
PAGE 446
All budget items that pertain specifically to Dublin have already been considered as part
of the City's adopted budget, except one. An unexpected, yet positive outcome of the
State budget process was the reinstatement of the Booking Fees. In a trailer bill,
provisions dealing with Booking Fees restored the $38.2 million dollar backfill to cities
and special districts. This will elapse on July 1, 2005. Based on this unanticipated
action, the City will be receiving from the State approximately $61 ,000 in Booking Fee
reimbursements for FY 2004-05.
Vm. Zika stressed that people vote yes on Proposition lA and yes on Proposition 65 and
stated he will happily talk to any group about how badly we will be hurt in Dublin if this
doesn't pass.
On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the
Council approved a Budget Change adjusting the City's Budget to account for the
reimbursement of booking fees (previously not anticipated during FY 2004-05) and
received the report.
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APPROVAL OF RESOLUTION IN SUPPORT OF PROPOSITION lA
8:28 p.m. 8.4 (660-40)
Administrative Services Director Carole Perry presented the Staff Report and advised that
Proposition 1A will be on the November ballot. Proposition lA is the new local
government protection measure that the League of California Cities and its LOCAL (Leave
Our Community Assets Local) coalition partners are unanimously backing for passage in
November.
Although Proposition 65 will remain on the ballot, should both measures pass,
Proposition lA was written so that it will supersede 65 in its entirety.
Mayor Lockhart stated there will be a big rally in Oakland next week. A big thank you
goes to Lorraine Dietrich on the Livermore City Council for her hard work on behalf of
all cities.
On motion of Cm. McCormick, seconded by Vm. Zika, and by unanimous vote, the
Council adopted
RESOLUTION NO. 195 - 04
SUPPORTING PROPOSITION 1A
and directed Staff to forward a copy to the State and to the LOCC
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CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 447
ADOPTION OF STANDARD STORMWATER TREATMENT MEASURE
MAINTENANCE AGREEMENT FOR POSTL-CONSTRUCTION OPERATION AND
MAINTENANCE OF PRIVATELY -MAINTAINED POlLUTANT -CONTROL MEASURES
8:32 p.m. 8.5 (600-30)
Acting City Engineer Mark Lander, a contract employee with Zumwalt Engineering was
introduced and then presented the Staff Report and advised that the new National
Pollutant Discharge Elimination System (NPDES) Permit requires that all privately
maintained stormwater measures be subject to a Maintenance Agreement executed
between the public agency requiring the measure and the private property owner for the
ongoing maintenance of incorporated measures. Examples were shown of grass swales,
water quality ponds or detention ponds, and structural improvements such as centrifugal
manholes or separator vaults.
The cost of developing each agreement will be borne by the developer as part of the
project processing cost. The cost of ongoing maintenance will be borne by the property
owner. There will be a nominal cost to the City's NPDES program for review of the
annual reports and possible filed review of sites.
Cm. McCormick asked if there are any formal onsite inspections?
Mr. Lander stated from the City standpoint, we will schedule a selected number of sites
randomly each year.
Vm. Zika asked how redevelopment is defined?
Mr. Lander explained that what triggers redevelopment is increased square footage of a
previous surface. Any development which in the aggregate is more than one acre of
impervious surface, they will be subject to these improvements. After August 2006, this
drops to about a quarter of an acre.
Cm. Sbranti stated he received a copy of a letter that Code Enforcement sent to gas
stations and to school groups about illegal car washes. This was a very detailed letter
from the City outlining legal issues and some of the new guidelines so they understand
why this is important.
On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the
Council adopted
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 448
RESOLUTION NO. 196 - 04
APPROVING STANDARD POST ..CONSTRUCTION STORMWA TER
TREATMENT MEASURES MAINTENANCE AGREEMENT FOR
PRIVATELY MAINTAINED TREATMENT MEASURES, AND
AUTHORIZING THE PUBLIC WORKS DIRECTOR
TO EXECUTE AGREEMENTS ON BEHALF OF THE CITY
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AGREEMENT WITH THE PUBUC AGENCY RETIREMENT SYSTEM (PARS)
TO PROVIDE AN ALTERNATE RETIREMENT SYSTEM FOR PART-TIME EMPLOYEES
8:47p.m. 8.6 (600-50/720-60)
Assistant City Manager Joni Pattillo presented the Staff Report and advised that PARS
offers an alternate retirement system to Social Security and currently has over 250,000
public employees enrolled in the PARS retirement system. By enrolling in this alternative
retirement system, Staff projects savings to the City of approximately $14,000 in the first
year. The cost savings are achieved because under PARS, the City will contribute 1.5%
instead of the current 6.2% of payroll for retirement benefits to part-time employees.
The benefit over Social Security for employees in PARS is that PARS plan participants are
fully vested in the contributions made to their individual accounts and upon leaving the
City, the participants can choose to either receive a lump-sum payment or have the funds
rolled over to an IRA or other qualified retirement plan that accepts rollovers.
Staff advised that Mitch Barker, Senior Consultant with PARS was present to answer any
questions.
Cm. McCormick asked if the City Council is eligible?
City Manager Ambrose advised that only those that are not members of PERS. This
program will supplant Social Security withholding for the one Councilmember who we
pay into Social Security.
Mr. Barker explained that under Social Security, the current arrangement is 6.2% paid by
employee and employer. You must reach the 40 quarter requirement to get benefits, and
most part-timers will never get there. Under the alternate system the minimum is 7.5%
and that would become their retirement. Another key factor is immediate vesting from
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 449
day one. They don't have to take distribution; they can leave it in. This is paid with pre-
tax dollars.
Vm. Zika pointed out they can take this with them. With Social Security, if they have less
than 40 quarters, they get zero.
Ms. Pattillo stated there will be training to go along with this for part time staff.
Cm. Sbranti pointed out that some of our part-time staff are with us year after year. He
stated he was glad to see the projection of savings for the City of $14,000 the first year.
Mr. Ambrose indicated this will be an ongoing savings.
Cm. McCormick stated she was reluctant to approve this and only supported it halfway.
On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by majority vote, the Council
adopted
RESOLUTION NO. 197 - 04
AUTHORIZING THE CITY OF DUBLIN TO ENTER INTO AN AGREEMENT
WITH THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS)
TO PROVIDE AN ALTERNATE RETIREMENT SYSTEM
FOR PART-TIME EMPLOYEES
Cm. McCormick voted against the motion.
..
ornER BUSINESS
9:00 p.m.
Mr. Ambrose reported that the first Dublin Leadership Academy class starts Thursday,
September 30th. We have 18 people signed up.
Cm. Oravetz advised that LAVTA's WHEELS ridershiphad an 8% bump on spare the air
day.
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 450
Vm. Zika stated he attended another airport committee meeting on September 8th.
They're stil1looking for the demand. He and Mayor Lockhart attended the Bay Area
Economic Association meeting. We are in pretty good shape compared to the rest of the
cities. The annual Chamber of Commerce BBQ was very good. He and Cm. McCormick
went down to the League of California Cities meeting in Long beach. They were fed
information related to Proposition 1 A from morning to night.
Cm. McCormick stated the League of California Cities meeting was really interesting.
They only passed two resolutions. One encourages healthy lifestyles and promotes
policies and encourages healthy activities like walking as opposed to riding in cars.
There is a free program for people over 50 called 50+ fitness. She stated she felt this was
a great resolution to bring forward. She reminded everyone that on September 25th -
26th, Dublin's Day on the Glen festival will be held at Emerald Glen Park.
..
~JOURNMENf
11.1
There being no further business to come before the Council, the meeting was adjourned
at 9:05 p.m.
Mayor
A TrEST:
City Clerk
l~
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
September 21,2004
PAGE 451