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HomeMy WebLinkAbout01-15-2008 Adopted CC Minutes MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING - January 15~ 2008 CLOSED SESSION A closed session was held at 6:37 p.m., regarding: L CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9, subdivision (b)(1) Facts and Circumstances: Government Code section 54956.9, subdivision (b) (3) (A) . A regular meeting of the Dublin City Council was held on Tuesday, January 15, 2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 :00 p.m., by Mayor Lockhart. . ROLL CALL PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti, Scholz, and Mayor Lockhart. ABSENT: None q. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. . REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no reportable action had been taken. .. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15, 2008 PAGE 1 ORAL COMMUNICATIONS Introduction of New Emplovee An2:ela Morbo~ Fire Code Compliance Officer 7:01 p.m. 3.1 (700-10) Fire Marshall Bonnie Terra introduced Angela Morbo, the new Fire Code Compliance officer. The City Council welcomed Ms. Morbo to the City Staff. ~ . Proclamation Declarin2: Januarv 2008 as "National Blood Donor Month" 7:02 p.m. 3.2 (610-50) Mayor Lockhart presented Harry Beardsley, Volunteer Services Manager for the American Red Cross, with a proclamation declaring January 2008 as "National Blood Donor Month". Mr. Harry Beardsley stated there was an immediate need for blood donations and thanked the community for its assistance. ~. Certificates of Recognition for James Attarian and Jeremv Grace~ Dublin Hi2:h School Cross Country Team Members 7 :06 p.m. 3.3 (610-50) The City Council presented Certificates of Recognition to James Attarian and Jeremy Grace, Dublin High School Cross Country Team Members, for their outstanding performance at the California Interscholastic Federation Division III Boys State meet. .. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 2 Reco2:nition of 25th Anniversarv Businesses 7:13 p.m. 3.4 (470-70) Mayor Lockhart presented the Staff Report and advised that the City Council would recognize the 60 businesses that had been doing business in Dublin since the City's incorporation in 1982. The Council presented certificates of recognition to representatives in attendance of the 60 business that had been doing business in Dublin since the City's incorporation. .. RECESS 7 :26 p.m. Mayor Lockhart called for a brief recess. The meeting reconvened with all Councilmembers present at 7 :31 p.m. . Acceptance of Donation of T -3 Clean Ener2V Patrol VehicIe from Hacienda Crossin2:s Shoppin2: Center 7:31 p.m. 3.5 (150-70) Lieutenant Glenn Moon introduced Lieutenant Kurt Von Savoye, a new member of Dublin Police who presented the Staff Report and advised that the Hacienda Crossings Shopping Center had donated a T-3 Motion Clean Energy Patrol Vehicle valued at $10,705.42 to the Dublin Police Services. The donors requested that the vehicle be used to patrol the Hacienda Crossings Shopping Center. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by unanimous vote, the Council accepted the donation of T-3 Clean Energy Patrol Vehicle from Hacienda Crossings Shopping Center and directed Staff to acknowledge the donors. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15, 2008 PAGE 3 Public Comments 7:36 p.m. 3.6 John T. Collins, Sr., Dublin resident, asked when the smoking ordinance would be revisited by the Council. City Manager Ambrose stated that the Council had requested Staff establish a community working group and Staff had not yet set up the group. There would be public notice regarding the ordinance once it came before the Council. Mr. Collins requested a correction to the minutes regarding the anti-RV ordinance. He also asked if the T -3 vehicle presented by the Police Department could be used at the St. Patrick's Day Festival. . CONSENT CALENDAR 7:40 p.m. Items 4.1 through 4.10 On motion of Cm. Scholz, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of regular meeting of December 4,2007; Received (4.2 610-95) report on Comprehensive Update to Dublin Municipal Code; Adopted (4.3 390-20) RESOLUTION NO. 01 - 08 MAKING FINDINGS REGARDING UNEXPENDED TRAFFIC MITIGATION CONTRIBUTIONS FOR FISCAL YEAR 2006-2007 DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15, 2008 PAGE 4 Received (4.4 100-80) Fiscal year 2007-2008 Goals & Objectives Status Report and CIP Schedule. Adopted (4.5 200-20) RESOLUTION NO. 02 - 08 APPROVING CONTINUATION OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR ENVIRONMENTAL REMEDIATION IN DUBLIN CIVIC CENTER Adopted (4.6 430-80) RESOLUTION NO. 03 - 08 ESTABLISHING A POLICY FOR THE RENTAL OF BELOW MARKET RATE FOR-SALE UNITS ON THE BASIS OF HARDSHIP Received (4.7 330-50) Preliminary Financial Reports for the Month of November 2007; Adopted (4.8 950-40) RESOLUTION NO. 04 - 08 AUTHORIZING TEMPORARY STREET CLOSURES FOR THE 2008 ST. PATRICK'S DAY PARADE AND SHAMROCK 5K FUN RUN & WALK Adopted (4.9 700-20) RESOLUTION NO. 05 - 08 AMENDING THE CLASSIFICATION PLAN DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 5 and RESOLUTION NO. 06 - 08 AMENDING THE SALARY PLAN - PART-TIME Approved (4.10 300-40) the Warrant Register in the amount of $3,568,065.04. . WRITTEN COMMUNICATIONS - None . PUBLIC HEARINGS Ordinance Amending Dublin Municipal Code (DMC) Chapter 5.84 (Use of CORPUS Data) 7:40 p.m. 6.1 (585-45) City Attorney Elizabeth Silver presented the Staff Report and advised that the first reading of the Ordinance would amend Chapter 5.84 of the DMC relating to use of Criminal Oriented Records Production Unified System (CORPUS) data. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the Council INTRODUCED the Ordinance Amending Chapter 5.84 of the Dublin Municipal Code Relating to Use of Corpus Data. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15, 2008 PAGE 6 Ordinance Amending Dublin Municipal Code (DMC) Chapter 5.40 (Hotel Re2:istration) 7:42 p.m. 6.2 (585-35) City Attorney Elizabeth Silver presented the Staff Report and advised that the first reading of the Ordinance would amend Chapter 5.40 of the DMC relating to hotel registration in regard to information required from guests upon registration, period of maintenance of hotel register, and the unlawful use of false names at registration. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the Council INTRODUCED an Ordinance Amending Chapter 5.40 of the Dublin Municipal Code relating to Hotel Registration. . Ordinance Amending Dublin Municipal Code (DMC) Chapter 5.52 (Public Dances) 7:45 p.m. 6.3 (585-25) City Attorney Elizabeth Silver presented the Staff Report and advised that the first reading of the Ordinance would amend Chapter 5.52 of the Dublin Municipal Code relating to public dances in regard to permit requirements. One of the suggested changes was if a permit was denied by the Police Department, it should be appealable to the City Manager, rather than the City Council Mayor Lockhart asked if someone did not agree with the City Manager's decision, could they then appeal to the City Council. City Attorney Silver responded yes. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 7 Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Vm. Sbranti asked under what circumstances the ordinance would come into effect. City Attorney Silver stated it could be by a restaurant, a person, or an association. It applied when there was a gathering on the premises and the main purpose of the gathering was for dancing, then they would need a permit. Senior Analyst Amy Cunningham stated as an example of permit application use, Stacey's at Waterford had applied for a one day dance permit for its New Years Eve celebration. Permits could also be issued on an annual basis. Vm. Sbranti asked if this was an alternative so businesses did not have to go through the Conditional Use Process. Senior Analyst Cunningham stated that was correct and Staff worked with Code Enforcement to ensure all zoning requirements were also met. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council INTRODUCED an Ordinance amending Chapter 5.52 of the Dublin Municipal Code relating to public dances, with the change of wording in regard to appeals, from City Council to City Manager. . Amendment to Dublin Municipal Code to Provide for Increase in Salarv for Members of the Dublin City Council 7:50 p.m. 6.4 (700-20) City Manager Richard Ambrose presented the Staff Report and advised that the first reading of the Ordinance would provide for an increase in salary for members of the City DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 8 Council following the November 2008 election. Council salaries would be increased from the current amount of $758.06/month to $835.76/month. The Mayor would receive $100/month more than a Councilmember. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Cm. Oravetz stated he had not supported the Council voting itself a salary increase. In his eight years on the Council, he had not voted in favor of the increase. The citizens of Dublin should grade the Council and decide if they should get a raise or not. Cm. Hildenbrand asked Cm. Oravetz if he would vote for this salary increase for the Council since it would not affect him as he would be termed out of office. Cm. Oravetz stated he would remain consistent and vote no on the item. Vm. Sbranti stated giving a modest increase relative to inflation was fair, rather than in large increments. Cm. Scholz stated that she agreed with Cm. Oravetz, but would support the item since it was a minimal amount. On motion of Mayor Lockhart, seconded by Vm. Sbranti and by majority vote (Cm. Oravetz voting no), the Council INTRODUCED an Ordinance amending Dublin Municipal Code Section 2.08.020 and provided for an increase in the Salary for Members of the City Council. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 9 Public Hearing Ordinance Amending Dublin Municipal Code (DMC) Chapter 1.04 and Chapter 8.136~ Re2:ardin2: Mediation 7:56 p.m. 6.5 (610-25) City Attorney Elizabeth Silver presented the Staff Report and advised that the first reading of the Ordinance would amend Chapter 1.04 and Chapter 8.136 of the DMC, regarding mediation as a process by which affected parties would settle their disputes before appealing to the City. Mayor Lockhart stated that when this issue first arose, it was the desire of the Council that the two parties mediate between themselves. Was there a way the City could request or require mediation prior to an appeal being brought before the Council? City Attorney Silver stated there would have to be an appeal filed and then direct the parties to go back and talk to each other. City Manager Ambrose stated that this item would accomplish the parties having to mediate. Once there was an action granting a permit, before a citizen could appeal, they would have to mediate. The complaining party had to request mediation. The person granted the permit did not have to agree to mediation. If that party did not agree, the appeal would go forward. Vm. Sbranti asked what could be a hypothetical scenario where this could be used. City Manager Ambrose stated an example could be someone applying for a variance on a home in the hills. A permit could be considered and a neighbor could challenge the variance. Before the challenging party could appeal the decision, they would have to sit down and mediate. Vm. Sbranti stated it might be in a party's best interest to participate in mediation. Was there a way to simplify the timeline? DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 10 City Manager Ambrose stated that the first 10 days was tied to the appeal period. The permit went into effect in ten days, or 14 days. Staff tried to craft the item so that mediation was triggered and not dragged out. The City Council discussed the 30 day time period and the timeframe regarding the different steps. Cm. Oravetz stated the recommended one-year trial period was a good idea. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Scholz, seconded by Vm. Sbranti and by unanimous vote, the Council INTRODUCED Ordinance Adding Section 1.04.045 to the Dublin Municipal Code, and Amending Section 1.04.050 and Section 8.136.050 Relating to Mediation. . Repealing and Re-enacting Dublin Municipal Code (DMC) Chapter 5.12, Relating to Parades and Events and Adoptin2 Resolution Establishin2 Desi2nated Parade Routes 8:16 p.m. 6.6 (650-30) City Attorney Elizabeth Silver presented the Staff Report and advised that the first reading of the Ordinance would amend Chapter 5.12 of the Dublin Municipal Code relating to parades and events. Vm. Sbranti asked what would be a typical service charge. Senior Analyst Amy Cunningham stated Staff had looked at a parade with the same scale as the St. Patrick's Day parade and the cost would be $6,000-$9,000. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15, 2008 PAGE 11 Vm. Sbranti asked about fees for a parade the size of Dublin High Homecoming. Senior Analyst Cunningham stated they had only looked at one parade route such as the St. Patrick's Day parade but could look at different scenarios. City Manager Ambrose stated that if cost for a parade for a group was high for them, they could come to the City Council and ask them to co-sponsor the event. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council INTRODUCED an Ordinance Adding Chapter 5.12 Relating to Parades and Events; and INTRODUCED a Resolution Establishing Designated Parade Routes. . Croak and Jordan Medium Density, P A 07-056: General Plan Amendment, Eastern Dublin Specific Plan Amendment, and Fallon Village PD - Stage 1 Development Plan Amendment to Create New Medium-Low Density and Medium-Mid Density Land Use Designations for the Existin2 Medium Densitv Portion of the Croak and Jordan Properties 8:36 p.m. 6.7 (420-30 & 410-55) Community Development Director J eri Ram presented the Staff Report and advised that the City Council would consider adopting a General Plan/Specific Plan Amendment, and Stage 1 Development Plan Amendment to change the existing Medium Density (6.1-14 du/acre) portion of the Croak and Jordan properties to a combination of Medium-Low Density (6.1-10 du/acre), and Medium-Mid Density (10.1-14 du/acre) in order to encourage a variety of housing types that include small lot detached homes and other product types with usable private yards. The City Council could provide Staff further direction to study alternative policies. The City had received a letter from Varni, Fraser, DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 12 Hartwell & Rodgers, representatives of the Jordan Property requesting the matter be continued for a period of at least thirty (30) days. The City Council and Staff discussed having a joint workshop between the City Council and Planning Commission to review this. item. This workshop would provide clarity and understanding. Areas of discussion could include lower density and types of housing, such as smaller homes on same size lots, to accommodate a yard. Developers would not have to cut number of homes, just size of homes. The format of the workshop discussion could be a series of questions related to the different issues and the answers would give Staff direction, with the Council having final discussion at the end of the meeting. As a Joint workshop, it would be a public meeting where parties could attend and voice their opinions. Staff would return to the City Council with possible dates for the workshop. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Scholz, seconded by Cm. Oravetz and by unanimous vote, the Council continued the Public Hearing for this item to a date in the future, after a Joint Workshop of the City Council and Planning Commission. .. UNFINISHED BUSINESS - None . NEW BUSINESS Community Development Block Grant (CDBG) Pro2ram for Fiscal Year 2008-2009 Proiect Applications 8:47 p.m. 8.1 (480-30) Housing Specialist John Lucero presented the Staff Report and advised the City Council would consider applicants' requests for Community Development Block Grant (CDBG) funds for Fiscal Year 2008-2009. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 13 Lisa Gross, Bay Area Community Services, thanked the Council for the City's support of the Bay Area Community Services. Annemarie Parrish, Senior Nutrition Program Manager from Meals on Wheels, thanked the Council for their support. Marlene Petersen, Senior Support Program of Tri-Valley, thanked the Council for the City's support. Vickie Thompson, Tri- Valley Haven, thanked the Council for the City's continued support and support of the Sojourner House. Nancy Richardson, Board President of the Open Heart Kitchen, thanked the Council for the City's support. The organization had been providing lunches for seniors of Arroyo Vista. Vm. Sbranti asked if Staff had any idea the amount of funds that would be available. Housing Specialist Lucero responded the City did not know at this time. Mayor Lockhart asked about the Curb Ramp Program. The ramps served all citizens of the community. Why was the City not funding it through the City's General Fund? City Manager Ambrose stated that in years past, 100% of the funds were used for the disabled community as well as low income citizens. As there had more pressure put on social service agencies, there was greater demand of the cities to help fund more groups. At budget time, Staff could examine funding the Curb Ramp Program as part of the City's general fund obligation. Mayor Lockhart asked, of the new applicants, did any of them qualify for the City's Community based program funding. City Manager Ambrose stated that the application for CDBG was different than the City's application. The City would want to look at the groups' other funding sources. If the DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 14 groups did not receive adequate funding from other sources, they could apply during the City's community group process. Assistant City Manager Joni Pattillo stated that the information letters for the City's funding had gone out to those that had applied last year. Mayor Lockhart stated the City had made a concerted effort to build housing and create homes for low and very low income people, so those people that qualified for CDBG funds based on income, need, and accessibility, were the ones the City should be funding. CDBG funds should be used for these programs. Could the City fund the curb ramps out of other City monies? That would free up another $10,000. The City Council and Staff continued the discussion with support of Mayor Lockhart's comments, also not wanting to abandon the Curb Ramp Program, but with possible funding from the City's General Fund. The City was close to reaching the 50,000 population number and CDBG funds would then be increased. Cm. Hildenbrand asked how many curbs could be fixed with the $10,000 proposed for curb ramps. City Manager Ambrose stated, in regard to curbs, case law continued to change the ADA requirements, therefore the City was continually redoing the ramps. Community Development Director Jeri Ram stated that since the City was not an entitlement city, there was a certain percentage, County-wide, of funds that could only be designated for service providers and the rest of the funds had to be some type of capital project. The City was pushing the limit at this time with its funding to service providers. The County had advised the City to use less for service providers and more for capital costs. City Manager Ambrose stated that the City was part of an urban county entity made up of five cities in regard to CDBG fund percentages. Eighty-five percent of these funds were for jurisdictional improvements. The other fifteen percent of the funds were for service providers. The City was taking a larger portion of the service provider funds and using it for social services because the rest of the urban county cities were using the preponderance of their funds for jurisdictional improvements. The City was concerned DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 15 about taking the entity's social service provider percentage over the designated limit. Staff could check with the urban county to see if the City could increase their funding of social service providers without going over the set percentage. Mayor Lockhart stated she could support Staff's recommendation if they could look at funding the Sidewalk Ramp Repair through a different fund and at least splitting that money among the three groups that would not receive funds tonight. City Manager Ambrose suggested Staff contact the County to see if the City could allocate the $10,000 for the Curb Ramp funds without going over the 15% percent designation. Staff would bring the information back to Council. Vm. Sbranti asked if CRIL would be applying for the community based funding. Assistant City Manager Pattillo stated CRIL was sent information regarding the application. The City could also send information to AXIS regarding community based funding. On motion of Mayor Lockhart, seconded by Cm. Scholz and by unanimous vote, the Council directed Staff to request funds of $83,488 in CDBG funding for Fiscal Year 2008-2009 as follows: Bay Area Community Services, $4,967; City of Dublin - Sidewalk Ramp Program, $10,926; Open Heart Kitchen, $9,934; Senior Support Program of the Tri- Valley, $10,407; Spectrum Community Services - Meals on Wheels, $5,541; Tri-Valley Haven Domestic Violence/Homeless Shelter, $14,900; Housing Rehabilitation (County Administered Program), $14,786; Annual Contribution toward Acquisition/Rehabilitation of Tri-Valley Haven's Sojourner House, $5,427; and Program Administration, $6,600; and should there be a decrease in CDBG allocation, Staff recommended that the percentage decrease, if more than $500, be distributed evenly across all programs that did not have mandatory set amounts; and, if the decrease was less than $500, the amount should be deducted from the City's Sidewalk Safety Repair and Curb Ramp Replacement Program. In the event there was an increase in CDBG funding, direct Staff to apply the funds to the City's Sidewalk Safety Repair and Curb Ramp Replacement Program; and if the City could use the funds originally designated for the Sidewalk Ramp Program, $10,926, for additional service providers, allocate that money evenly among AXIS, CRIL and EDEN Housing Rental Assistance. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15, 2008 Staff was also directed to contact CRIL and AXIS about the City's community based funding. . Tri-Vallev Youth Court Memorandum ofUnderstandin2 (MOm 9:23 p.m. 8.2 (600-30) Lieutenant Glenn Moon presented the Staff Report and advised that the Tri-Valley Youth Court was an alternative justice program for the first time offender identified by local law enforcement, Alameda County Probation and/or school districts. Staff advised that the MOU acknowledged the benefits of the Tri- V alley Youth Court and committed the City to appoint a representative to serve on the Tri-Valley Youth Court Stakeholders Steering Committee, and directed Dublin Police Services to offer non-violent youth offenders who committed misdemeanors or violation and admitted their guilt, the opportunity to participate in the Tri-Valley Youth Court. Mayor Lockhart asked if the volunteer representative to be appointed would be a youth. Would there be a financial commitment with the program? Lieutenant Moon stated that there were youth volunteers, but the volunteer for the Stakeholders Steering Committee would be a Police Department Staff member, to be appointed by the City Manager. The commitment by the City would be Staff time. Diane Jeronimo, Executive Director Tri-Valley Youth Court, stated this was a great concept and was excited to see it take off. Vm. Sbranti stated there had been successful national models. What type of commitment was needed by the volunteer youth and were there opportunities available for Dublin youth? Ms. Jeronimo stated the program was in need of juries. Previous offenders would have to serve three to six evenings and would get community service for the hours they spent. There would be approximately 12 hearings per month. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 17 The City Council agreed this was a great program. On motion of Cm. Hildenbrand, seconded by. Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 07-08 AUTHORIZING SIGNING A MEMORANDUM OF UNDERSTANDING WITH THE CENTER FOR DISPUTE SETTLEMENT & TRI-V ALLEY YOUTH COURT and authorized the City Manager to sign the MOU. . Presentation of Programming Study for the Construction of a Maintenance Facilitv and Emer2encv Operations Center 9:31 p.m. 8.3 (600-30) Public Works Director Melissa Morton presented the Staff Report and advised that the Maintenance Yard Programming Study, which included an Emergency Operations Center in the future facility, was now complete and would be presented to the City Council for review and comments. Mayor Lockhart asked how did the population figure was determined because it seemed high. Public Works Director Morton stated the population number was an estimate. Mayor Lockhart asked, in regard to the hazardous waste pick-up, to what did this refer. Public Works Director Morton stated if those services ceased to be available through our provider, the City would have adequate land at the site for at least a couple days worth of drop offs that could then be transported to another facility. The decant area referred to a place where wet material could be dried out and then transported to a waste disposal site, at a less expensive cost. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15, 2008 PAGE 18 City Manager Ambrose stated Staff would bring to the next Council meeting a discussion regarding the Regional Water Quality Control Board's proposed new permit requirements which passed on significantly more stringent requirements for non-point source pollution which was one of the issues Ms. Morton had discussed. Staff was looking down the road at what the City might be required to do that it was not currently required to do and make sure the facility was sized appropriately to accommodate those requirements. Mayor Lockhart asked how this plan and this facility fit in with the present Civic Center plan. Would Staff that was currently at the center move to the facility? Public Works Director Morton stated that, for example, the Traffic Engineer needed to be here with development Staff, but later, at buildout, that person could work out of the Maintenance facility. Members of MCE that were currently housed at the Civic Center could move to the Maintenance facility City Manager Ambrose stated that if this facility was not built, then the City would have to pick up more space at the Civic Center. Both plans were taken into consideration. Mayor Lockhart asked if Staff had an idea when space might be designated. City Manager Ambrose stated there was no funding yet. The first step toward funding was for the Council to approve the report that could be given to the consultant that would look at what portion of the new facility would be the result of new growth. A nexus fee study would determine how much of the new facility was the responsibility of the existing community and how much was the responsibility of the new community. This needed to be addressed. The preferred option would be to negotiate a land option with Camp Parks. There was not much available land that would be central for this type of facility. Vm. Sbranti stated that if the City was so stretched now, Camp Parks time line might not work with the City's. Would the maintenance facility meet the criteria for land that was zoned public, semi-public. City Manager Ambrose stated it would, but the City did not have five acres of available land. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15, 2008 PAGE 19 Vm. Sbranti asked if the City had looked at the possibility of ajoint government center. City Manager Ambrose stated the City had looked at that option but would then need an even larger parcel of land, which was more difficult to find. The City had been looking for several years for a site. Mayor Lockhart stated that once the decision was made on the Master Developer for Camp Parks, then the City could speak with the developer. Did the fire station not work for the EOC? City Manager Ambrose stated the fire station did not work. It was too small. When the Shannon Community Center came on line, then they could evaluate the trailers at Emerald Glen Activity Center and they might serve as a temporary EOC. The City Council received the report. . Acceptance of Resignation of City Attorney; Appointment of New City Attorney and Assistant City Attorney; Correspondin2 Amendment to A2reement for Le2al Services 9:49 p.m. 8.4 (600-30/640-10) City Attorney Elizabeth Silver presented the Staff Report and advised the City Council of her resignation as the City Attorney. This resignation would require appointing a new City Attorney, and Assistant City Attorney, and an agreement for legal services The Council commented on the wonderful opportunity to work with City Attorney Silver, thanked her for her years of service and welcomed John Bakker as the new City Attorney. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the City Council adopted DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 20 RESOLUTION NO. 08-08 ACCEPTING THE RESIGNATION OF ELIZABETH H. SILVER AS CITY ATTORNEY; APPOINTING JOHN D. BAKKER AS CITY ATTORNEY AND ELIZABETH H. SILVER AS ASSISTANT CITY ATTORNEY; AND APPROVING AGREEMENT FOR LEGAL SERVICES . OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AD 1234) 10:00 p.m. City Manager Ambrose stated he also wanted to thank City Attorney Silver for her years of service to the City. He also stated Camp Parks had held an industry day in conjunction with its local government associates. There were approximate 200 people in attendance that obtained information regarding what the Army would require in terms of submitting a proposal for exchanging their land. They also received information from the various local government agencies as to what the requirements would be. The deadline for submission of proposals was April. Cm. Scholz stated she was pleased with the repair work on the building since the fire. Cm. Oravetz stated he had attended a LA VT A meeting. He was planning on attending the East Bay Division League meeting on January 24. Cm. Hildenbrand encouraged nominations for the Citizen, Young Citizen and Organization of the Year awards. The deadline was January 31. The League of California City's Bocce Ball event would take place on March 20. She had attended the Second Thursday dinner hosted by the Local Government Commission, where the topic was parking. It was based on the book "High Cost of Free Parking". It was very interesting to hear how the Redwood City had incorporated some of the books concepts from the book. She would also be attending the League dinner on January 24. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15, 2008 PAGE 21 Vm. Sbranti stated he also attended the Industry Day at Camp Parks. It was an exciting opportunity for the Army, as well as the City. He had attended the first Dublin Pride Week meeting and Dublin Pride Week would take place on April 26 through May 3. The community work day kickoff would be on April 26 at Ted Fairfield Park. Mayor Lockhart stated she had attended the Senior Foundation Luncheon. She also attended the Tri-Valley California Regional Mixer, the Mayor's Conference, Camp Parks Industry Day, and the East Bay Economic Development Alliance reception for elected officials. She also attended the grand opening of Chipotle restaurant and the Welcome Home Warrior Citizen Ceremony at Camp Parks, and appreciated being invited. . ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 10:11 p.m. to the Joint Council/Commissions/Committees Meeting on February 2, 2008, at 9:00 a.m., and in memory of our fallen troops, and Paul Ernst of the Dublin Lions Club. Minutes prepared by Caroline P. Soto, Deputy City Clerk. ATTEST: ri.o t IW Deputy City Clerk ~ DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING January 15,2008 PAGE 22