Loading...
HomeMy WebLinkAbout10-02-2001 Adopted CC MinutesREGULAR MEETING - October 2, 2001 A Closed Session was held at 6:30 p.m., regarding: CONFERENCE WITH LEGAL COUNSEL 1. ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Government Code 54956.9 (ONE potential case) - Facts and Circumstances: Receipt of Claims dated July 14, August 30, and October 26, 2000 from Goodland Landscape Construction, Inc., related to Emerald Glen Park, Phase I. 2. ANTICIPATED LITIGATION Govemment Code Section 54956.9(b)(1) Facts and Circumstances: Government Code Section 54956.9(b)(3)(B) East Dublin Properties Stage I Development Plan, Annexation and Draft Supplemental Environmental Impact Report - (ONE potential case). A regular meeting of the Dublin City Council was held on Tuesday, October 2, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:22 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Houston reported that no action was taken. INTRODUCTION OF NEW EMPLOYEE 7:23 p.m. 3.1 (700-I0) Bonnie Leonard introduced Elizabeth Isles, the City's new Heritage Center Director. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 415 RECOGNITION OF NOMINEES FOR CITY OF DUBLIN 2001 ORGANIZATION OF THE YEAR 7:26 p.m. 3.3 (610-50) Nominees include: Dublin 4-H Club, Dublin Lions Club, Dublin Senior Foundation, Friends of Dublin and Knights of Columbus. The winning Organization will be announced at the City's first annual Volunteer Celebration being held at the Dublin Monarch Hotel on Friday, October 5th. A Certificate of Recognition was presented to each nominated group. RECOGNITION OF NOMINEES FOR CITY OF DUBLIN 2001 CITIZEN OF THE YEAR 7:30 p.m. 3.4 (610-50) Nominees include: Bob Cocilova, Kasie Hildenbrand and Melissa West. Again, the winner will be announced at the Volunteer Celebration on Friday, October 5th. A Certificate of Recognition was presented to each nominee. Dr. Ted Woy accepted recognition on behalf of Bob Cocilova, who was not present. PROCLAMATION 7:32 p.m. 3.2 (610-50) Mayor Houston read and presented a Proclamation declaring October 2001 as "Crime Prevention Month" in the City of Dublin and urged all citizens, government agencies, public and private institutions, and businesses to invest in the power of prevention and work together for the common good. ThcProclamation was presented to Chief of Police Captain Gary Thuman. 7:34 p.m. David Haubert, 4886 Redwood Avenue, representing Friends of Dublin, stated one of the things they are working on is the Juvenile Hall. Tomorrow night, Alameda County Supervisor Nate Miley will meet with people in the Council Chambers from 7 to 9 p.m. He urged everyone to come. They met with the County last week and he advised that they have reduced the size of the facility. They are hopeful that they may be able to find CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 416 an alternative location or get it further reduced in size. Their next meeting is Thursday, October 1 lth. A representative from the Greenbelt Alliance will speak on affordable housing. He invited everyone to check out their website at www.friendsofdublin.com. 7:$7 Barbara Bernstein, Executive Director of Eden I&R, Inc., gave a presentation and stated she wished to share information on programs available. They customize housing searches for tenants and landlords free of charge. They are urging Dublin property owners to list with them. A second program is a social service information program. The Big Blue Book provides a listing of social services within Alameda County. Beginning in January they will have a listing of 1200 and this information is searchable online. They just received $100,000 from the County. Third is a 211 project, like 911 that the FCC has set aside nationally for information and referral. They are petitioning the FCC to get the guidelines for this. Once it is implemented, people will wonder how they did without it. Her organization is in Hayward and can be reached at (510) 537-2710. When asked, Ms. Bernstein clarified that Eden Housing is a separate organization. 7:41 p.m. Vice Mayor Lockhart presented to the Mayor and City, a California Partnership Community Services merit award. She stated she went to Santa Barbara last week and did a presentation along with the Dublin Unified School District and Dublin Partners in Education. Of 97 applications received, Dublin was one of 15 cities asked to come and make a presentation related to our Computers in our Schools program. She congratulated Mayor Houston because this started with his idea. We now have a ratio of 3.3 students per computer and we started out with 11 to 1. This has truly been a partnership. She stated the greatest reward was the number of cities that came and asked for information in order to do similar programs in their communities. Mayor Houston stated it has been a great program for our schools. This started when the schools were wired with fiber optics. Not only are we providing computers, but also technical support to keep them running. He thanked the business community, the City Council and the School District. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 417 RECESS 7:44 p.m. Mayor Houston called for a short recess. Councilmembers present. The meeting reconvened at 7:49 p.m. with all CONSENT CALENDAR 7:49 p.m. Items 4.1 through 4.8 Cm. Zika pulled Item 4.3. Vice Mayor Lockhart pulled Item 4.7. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 18, 2001; Adopted (4.2 600~$5) RESOLUTION NO. 171 -01 AWARDING CONTRACT 01-11 CITY FACILITIES LIGHTING RETROFIT TO AMTECH LIGHTING SERVICES ($32,760.64) Adopted (4.4 600-30) RESOLUTION NO. 172- 01 ACCEPTING IMPROVEMENTS FOR THE WIDENING OF AMADOR VALLEY BOULEVARD AND FOR REQUIRED SITE IMPROVEMENTS (KINDERCARE LEARNING CENTER, INC.) and authorized Staff to accept a Maintenance Bond; Approved (4.5 600-55) Change Order Nos. 7 and 8 for Contract 00~16, Dublin Boulevard Widening - Dougherty Road to Scarlett Drive; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 418 Approved (4.6 600-35) Contract Change Order Nos. 5 - 9; accepted improvements under Contract 00-09, 1-580/Hacienda Drive Interchange Improvements; approved release of retention after 35 days if there are no subcontractor claims; and approved $181,103 Budget Change; Approved (4.8 300-40) the Warrant Register in the amount of $1,351,878.09. Cm. Zika pulled Item 4.3 regarding the gift of a Bingo machine and stated $4,995 is a big deal for a Bingo machine. Dr. Ted Woy as President of the Senior Center Foundation expressed his thanks to the City Council for accepting this. The one they have was purchased about 15 years ago for about $50 and it was very used even then. It has finally fallen completely apart. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council accepted (4.3 150-70) gift of Bingo machine from the Dublin Senior Foundation and directed Staff to prepare a formal acknowledgment to the donor. Vice Mayor Lockhart pulled Item 4.7 and stated she wanted to recommend that Cm. McCormick be the Council representative on the Bus Shelter Art Project Committee. On motion of Vice Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council appointed Cm. McCormick to the Art Selection Committee and approved (4.7 600-30/110-30) Consultant Services Agreement with Lynne Baer for Bus Shelter Art Project; authorized the Mayor to execute the Agreement; approved formation of an Art Selection Committee and authorized Staff to solicit representatives. PUBLIC HEARING APPROVAL OF RESOLUTION NOTIFYING DEVELOPERS OF PENDING NON-RESIDENTIAL AFFORDABLE HOUSING FEE FOR THE CITY OF DUBLIN 7:53 p.m. 6.1 (430-80/390-20) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that the purpose of this Resolution is to put developers on notice that the City Council intends to adopt an Ordinance imposing a Non-Residential Affordable Housing Fee. By notifying developers, applications for discretionary approvals submitted after the adoption of this Resolution, but before adoption of the fee, will be subject to the Non- Residential Affordable Housing Fee. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 419 No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 173- 01 EXPRESSING THE CITY'S INTENT TO ADOPT DEVELOPMENT FEE TO MITIGATE THE IMPACTS OF NON-RESIDENTIAL DEVELOPMENT ON THE AFFORDABILITY OF HOUSING IN THE CITY OF DUBLIN PUBLIC HEARING SPRINT PCS SITE DEVELOPMENT REVIEW PA 01-018 7:55 p.m. 6.2 (410-30) Mayor Houston opened the public hearing. Senior Planner Andy Byde presented the Staff Report and advised that Sprint PCS is requesting placement of a new telecommunication facility adjacent to the rear parking lot of the Shannon Center, located on the northeast portion of the site. The proposed telecommunication facility would be located within a light standard and would attain a maximum height of 30 feet above grade. The application also proposes to construct a 230 square foot accessory structure that would attain a maximum height of 10' 13" above grade. Mr. Byde reported that on August 20, 2001, the Parks & Community Services Commission, by a majority vote, recommended approval of the Sprint PCS Telecommunication Facility at Shannon Park and further, found the lease terms acceptable. On August 28, 2001, the Planning Commission, by a majority vote, agreed to transfer the original hearing jurisdiction to the City Council for the Site Development Review of the proposed telecommunication facility, due to the resulting policy implications of placing a private telecommunication facility within a City park. Additionally, the Planning Commission found that the proposed facility blended with the surrounding existing natural and man-made environment of Shannon Park. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 420 In summary, Staff reviewed the proposed telecommunication facility and determined that the project meets Zoning Ordinance, Wireless Communication Regulations and will not exceed the existing noise levels of the area surrounding Shannon Park. Should the City Council approve the SD£, Parks & Community Services Staff will bring the general proposed lease terms to the Council at a later meeting. Staff will then request authority to negotiate the final details of the lease and bring the lease back to the City Council for final execution. Vice Mayor Lockhart reconfirmed the time of and discussed the sound study. Mr. Byde referenced Attachment 5 of the Staff Report, which addresses the evaluation and discusses the factors involved. Cm. McCormick noted the acceptable noise level was 60 dba and they came up with between 51 and 56. She asked if the air conditioning level is then added on. Mr. Byde explained how the numbers are calculated. Cm. McCormick asked if the antenna hums or beeps. Mr. Byde stated they have indicated that they do not. Everything is electronic. Specific levels are not articulated in our Ordinance, but rather what is acceptable to the normal person. Cm. McCormick asked about the tree scheduled to be removed. Mr. Byde stated it will be replaced. Cm. Oravetz asked if this information was shared with the neighbors. Cm. Zika stated they held a meeting at Shannon Park on August 15th which was sparsely attended. Everyone in the neighborhood was notified and the only concern expressed was the noise problem with the AC and potentially the hum. He stated he talked with Sprint yesterday and they have no problem putting in the contract that the noise level cannot exceed 56 dba. They will have an 8~hour battery pack if the power is down. Pat Seusedo representing Sprint PCS requested approval tonight for this facility to be located in Shannon Park area. She stated they had a number of people present to respond to any questions. They feel what they are presenting provides a great service to the community and they feel they are being community friendly. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 421 Angela Muetterties, 8151 Vomac Court, stated she did not receive a notice of the August meeting. She is concerned about the noise level. There are many events held at the Center in the evening. If they do something with the trash bins, this would be great. She asked if they had considered any other site? Cm. Oravetz asked how the noise level is with events such as soccer night and other events. Ms. Meutterties replied that noise does filter up into their yard and into their family room. Mayor Houston asked how the noticing was done. Mr. Byde stated the August notices were prepared by the applicants and they used a similar database as the City does and he stated he thought they noticed residents 600-700 feet from the site. SDR notices were published in the newspaper and additionally, notices were mailed to those within 300 feet of the proposed project. If the tax assessor information is different, sometimes people don't get noticed properly. Dennis Martin spoke on alternate site research and advised that they did explore one other site, St. Raymond's Church. They were unable to interest them in leasing to Sprint, so they were unable to move forward. They then looked at Shannon Park. They have a significant coverage gap on the north and south end of San Ramon Road. Mayor Houston closed the public hearing. Cm. Oravetz asked if we notified our citizens well enough? He felt in looking at the noise study, we will be okay. Mr. Ambrose asked for clarification with regard to what the Council feels is enough notice. We had a neighborhood meeting, the Parks & Community Services meeting, the Planning Commission meeting and City Council meeting, all of which were noticed. Mr. Byde clarified that the August meeting was initiated by the applicant. The AC typically will run during the day and 50 decibels is a very quiet level. Cm. Zika stated they were told the AC will only have to be on the day before the equipment is serviced. The AC is for the Comfort of the person who performs the maintenance and doesn't relate to the equipment. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 422 On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by majority vote, the Council adopted RESOLUTION NO. 174 - 01 APPROVING THE SITE DEVELOPMENT REVIEW FOR THE SPRINT PCS PROPOSED TELECOMMUNICATION FACILITY AT SHANNON PARK (PA 01-018) Cm. Oravetz voted in opposition to the motion. PUBLIC HEARING - EASTERN DUBLIN PROPERTIES PLANNED DEVELOPMENT PREZONE (STAGE 1 DEVELOPMENT PLAN 8:21 p.m. 6.3 (450-30) Mayor Houston opened the public hearing. Senior Planner Andy Byde presented the Staff Report. An Ordinance is being presented which would approve a Prezoning/Stage 1 Development Plan for an area 1,120 acres in size that is located in an unincorporated area of Alameda County bounded by 1-580 to the south and Fallon Road to the west, and the City's Sphere of Influence line to the east and north. The project area consists of 13 different parcels of land, under 11 separate ownerships. The Eastern Dublin Property Owners are the applicants for this proposed annexation and prezoning. The proposed project includes: prezoning the area to the City of Dublin PD Zoning District and considering a related Stage 1 Development Plan to guide future development of the Project Area, annexation of the project area to the City of Dublin and Dublin San Ramon Services District, detachment from Livermore Area Recreation and Park District, and the execution of a pre~annexation agreement with the consenting property owners. Mr. Byde stated Staff finds the project to be consistent with the City of Dublin General Plan and Eastern Dublin specific Plan land use designations and policies and recommends that the City Council find the project consistent with the adopted GP and EDSP. The project includes the same land uses and densities as approved in the 1993 Eastern Dublin GPA and SP, and as analyzed in the related EIR. The City prepared an Initial CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 423 Study for the project to determine if any subsequent environmental review was required beyond the 1993 EI1L The Initial Study concluded that much of the impact analysis in the 1993 EIR continues to apply to the project; however, the Initial Study concluded that additional environmental review was required under CEQA Guideline Sections 15162 and 15163, based primarily on newly identified sensitive biological species, substantially increased regional traffic and related noise and air quality effects, and on potential power shortages. A Draft Supplemental EIR was prepared and was circulated for public review with the comment period open from July 31~t to September 14, 2001. The City received 12 comment letters during the public review. City Staff anticipates returning to the City Council on October 16th to review the comment letters and Staff's responses to the comments, both as compiled in a Final Supplemental EI1L Subject to the City Council's review of the previous items, Staff will be asking the Council to: 1) Certify the Supplemental EIR; 2) make all the findings to approve the project under CEQA; and 3) approve a Mitigation Monitoring Program for the project. Mr. Byde discussed environmental issues which were analyzed in the Draft Supplemental EIR, including: Agricultural Resources, Air Quality, Biology, Traffic and Circulation, and Utilities and Service Systems. In summary, Mr. Byde stated the proposed PD Prezone and Annexation request for the Project area is consistent with the Dublin General Plan, Eastern Dublin Specific Plan and Dublin Zoning Ordinance. The project will accommodate the logical extension of public services within Eastern Dublin and will provide for future land uses anticipated in the Eastern Dublin SP and the City of Dublin GP. Ted Fairfield, Consulting Civil Engineer, Pleasanton, stated about a year and a half ago, a number of these property owners were contemplating annexation and they filed a request jointly, which included most of the property owners. A number of the people are here. He stated he has been working with this group for the last year in an attempt to get everyone singing the same song for the common good. Prezoning has to occur. This is according to the GP; nothing more or less. This provides no entitlement to property owners. This is an umbrella set of procedures to trigger the annexation process. This is in the City's SOl and predestined by LAFCO for a number of years. This survived a challenge in court and also a referendum. DSRSD is part of the annexation process and part of this package. Some of the planning configurations could be altered by phase 2, as will possibly some of the land uses. This doesn't even start until they get annexed to the City. He stated in the Staff Report, he took issue with the statement that says development is 3,000 feet away. Development actually abuts this area. They otherwise agree with the Staff Report and he urged the City Council to approve this and stated he looks forward to seeing them at the LAFCO hearing. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 424 T. W. Starkweather, stated on behalf of Dublin Corporate Center, representing commercial industrial developers, they are excited about the potential. They hold development rights and options on approximately 100 acres made up by Anderson, Campbell and Branaugh properties. They are excited about the health and economic viability of the City. There is a very fine and well considered balance between residential, commercial, parks, etc. Over the years as this evolves it can be a shining star for the whole East Bay region and they are happy to be a part. Patrick Croak, Castro Valley, stated he was here on behalf of Frances Croak and the rest of his family. In 1865 his grandfather immigrated from Ireland. They have farmed, paid taxes, employed locals, contributed to the area and raised their family. Farming was initially done by horses. He discussed changed which have occurred over the years and the transformation. Today's changes are driven by high tech companies. They recognize that change is constant and must be planned for. They are not opposed to annexation of their land to the City. They agree that the area should be planned as a whole rather than in piecemeal fashion. His parents are very concerned that their property not be included in any assessment district or put into any financial risk or debt. The property is under the Williamson Act and they would be willing to participate in a Williamson Act cancellation or transfer. He stated they will cooperate with the City in order to achieve our goals. Mayor Houston closed the public hearing. Cm. Zika asked since Mr. Croak is not opposing it, if he will be supporting it. City Attorney Silver stated there is no need at the Council level for property owners to support or oppose. LAFCO determined based on the assessed value whether there is a protest and by not protesting it determines whether there will be a majority protest. It is a round about way of doing this. Vice Mayor Lockhart commented she sees this area as something being in our long term planning and since we put together a GP and St' and it has always been in our SOI since 1983, this has been a long time coming. There are valuable resources in this area for the rest of Dublin residents. Light industrial space will be needed as we redevelop and newly develop existing parts of Dublin. This is the only way we can accomplish this for existing residents. She stated she will wholeheartedly support this. Cm. McCormick said she also supports annexing this. She stated she did have some concerns and was very encouraged by Mr. Fairfield's comments. She is glad the applicants are aware of the environmental concerns and will address them. We still have a lot of work to do. CITY COUNCIL MINI31~S VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 425 Cm. Zika stated he also supports this. In 1993 this area was critical for the plan to work as it was stated this would not cost existing residents anything additional. This is critical for the full fiscal development of Dublin. Mayor Houston stated he supports this and enjoyed the history lesson and comments from Mr. Croak. This is a balanced approach and by having all this together it gives us the opportunity to plan appropriately. Cm. Oravetz commented he hopes our 80~acre park will include a BMX park. On mohon of Vice Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance and continued the item to the October 16th City Council meeting. APPROVAL OF NON-RESIDENTIAL AFFORDABLE HOUSING TASK FORCE 8:48 p.m. 7.1 (I10-30) Community Development Director Eddie Peabody presented the Staff Report and advised that in accordance with Council direction, a possible list of participants is being presented to serve on a Non-Residential Affordable Housing Task force. The Task Force will meet with Staff and Cotton/Bridges Housing Consultant to provide input related to a potential Commercial Linkage Fee. The Task Force will meet several times before the start of the public hearing process. Staff recommends the following individuals be appointed: Fred Musser, Planning Commissioner; Brad Kuane, Home Marketing Alternative Project Services, Don Johnson, the Imprint Works, representatives of the Dublin Chamber of Commerce; Pat Cashman from the Alameda County Surplus Property Authority; and Michael Parker from the Koll Corporation. In addition, the Mayor should appoint a Councilmember to sit on this Task Force. Mayor Houston stated Vice Mayor Lockhart has been active and suggested she be on this committee. Cm. McCormick questioned how these people were selected. Community Development Director Eddie Peabody stated he contacted the Chamber and discussed this with them and the Planning Commission appointed Mr. Musser. Cm. McCormick questioned if no business women were available. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 426 Mr. Peabody stated he asked Ms. Feeley for names. On motion of Mayor Houston, seconded by Cm. McCormick, and by unanimous vote, the Council authorized the Mayor to select a Task Force from recommended candidates and appointed Vice Mayor Lockhart as the City Council representative on the Task Force REQUEST FOR AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSAL (RFP) FOR MUNICIPAL ELECTRIC UTILITY FEASIBILITY STUDY 8:51 p.m. 7.2 (1020-40/600-30) Economic Development Director Chris Foss presented the Staff Report and advised that the City Council recently directed Staff to prepare an RFP to secure the services of an independent energy consultant to assist the City in the identification of issues involving the provision of electric services to the City of Dublin. RFP submissions will be due by October 26th, and Staff anticipates that 3 firms will be interviewed by the City Council Committee. Vice Mayor Lockhart asked about including something for them to assist the City Council in developing a policy. She asked if this will automatically come with this. Mr. Foss stated this would give the Council the different options and we may want to establish an energy policy later. Vice Mayor Lockhart clarified maybe they could give us some direction with regard to coming up with a policy. At least this would include discussion with a professional. Mr. Foss stated this could be added to the RFP. Mayor Houston stated with current events and the relatively cool summer, a lot of this has gotten out of the news, but it is still a very important event. Cm. Zika clarified that this will address production, distribution and transmission. Mr. Foss stated yes and the Council will provide future direction regarding awarding a contract. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 427 On motion of Vice Mayor Ix~ckhart, seconded by Cm. Oravetz, and by unanimous vote, the Council authorized Staff to distribute the RFP to qualified consultants, including information related to development of an energy policy. AB 939 DIVERSION REPORT FOR 2000 8:55 p.m. 8.1 (810-60) Administrative Analyst Jason Behrmann presented the Staff Report and advised that Livermore Dublin Disposal has contracted with E. Tseng & Associates to assist the City with establishing a new base year and calculating the City's waste diversion rate for 2000. The report indicates that the City has achieved a 54% waste diversion rate for 2000. This report demonstrates that the City of Dublin has complied with the 50% waste diversion required by State Law. Mr. Behrmann discussed the Residential Curbside Recycling Program, Curbside Recycling Tonnage, Commercial Recycling Program, Commercial Recycling Tonnage, the Construction & Demolition Recycling Program and the Total Landfill Tonnage. The City of Dublin's recycling programs have achieved significant results in conserving resources and reducing the amount of material going to the landfill. In 1909, $9,510 tons were sent to area landfills from the City of Dublin. In 2000, that number was reduced to 35,0{38 tons, for a decrease of 3,542 tons or almost 10%. Considering the City's rapid growth, this reduction is even more significant. Mr. Behrmann stated Staff is confident that the City will attain even higher diversion rates in the future as existing programs continue to be monitored and improved and new programs such as the Commercial Food Waste Program are added. Annette Borges, LDD District Manager stated she was pleased to be here with good news. In the 4 years she has been here, she updated where the Council was and where they are now and how we got to this 54% rate. Jason has been very good to work with. They will continue to strive to do more and more programs and be even more creative. Our diversion tonnage for the first 8 months of this year vs last year has more than doubled. Vice Mayor Lockhart stated she really appreciates the work which has occurred between Staff and LDD and WMI and the recycle board. She has gotten some really good information and learned some good lessons. This is a very contagious issue as far as the community is concerned. There is a 50% mandate from the State, but there is a goal in CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 428 Alameda County of 75%. It is important that we maintain the same effort and spirit to attain the 75% goal. Thanked LDD for all they have done to get us to this point. Cm. McCormick thanked the people of Dublin for participating in this program and making it so successful. This Will encourage all of us to do better. The Council thanked Staff for the report. DOUGHERTY REGIONAL FIRE AUTHORITY (DRFA) THIRD AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT 9:06 p.m. 8.2 (600-40) City Manager Ambrose presented the Staff Report and advised that the amendment being presented would amend the DRFA JEPA for the third time and will designate the full City Councils of both the Cities of Dublin and San Ramon to function as the Board of the DRFA. The DRFA Board will consider providing enhanced retirement benefits to former DP, FA employees. There will be limited costs to the City in connection with the Amendment to the JEPA and to reconstitute the board as the two City Councils. Should the DRFA Board decide to amend the contract with PERS to provide enhanced retirement benefits or to terminate the contract with ['ERS, there will be financial impacts to the City, which will be addressed in the future. Scheduled a meeting for DRFA for October 9th at 6 p.m. in the SR Council Chambers. On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 175- 01 AMENDING JOINT EXERCISE OF POWERS AGREEMENT DOUGHERTY REGIONAL FIRE AUTHORITY (DRFA) CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 429 OTHER BUSINESS 9:12 p.m. Mr. Ambrose reported that the next scheduled meeting regarding the PG&E Tri~Valley Upgrade is October 11 tn and an alternate will be considered to what we have supported. Mr. Ambrose stated Supervisor Nate Miley will be holding a meeting tomorrow night from 7 - 9 p.m., here in the Council Chambers. Staff has heard there may be a substantial crowd and has made arrangements to accommodate that crowd. A Fax was received regarding what they will cover tomorrow night; including the Juvenile Detention Facility. Mr. Ambrose reported that the League of California Cities Annual Conference has been rescheduled for December 18tn - 20th in Sacramento. Those who registered for the first conference are still registered. He pointed out that December 18th is a regular City Council meeting. He requested that the Council let Kay Keck know whether or not they plan to attend. Cm. McCormick invited everyone to a reception here at the Civic Center on October to meet the artists for the Art in the Parks project for Ted Fairfield Park. There will be comment book, and the models will remain in the Civic Center for a while. She encouraged everyone to attend (5:30 p.m.- 7:30 p.m.) Cm. McCormick reported that she will leave to attend a Nashville Conference on Housing on Saturday and will bring back lots of information. Cm. Zika reported that he attended an I~580 policy committee meeting looking at rapid transit at Greenville Road. The rapid transit time between here and there is almost the same, no matter whether you take express bus, tBART, etc. He stated he assumed buses will be substantially cheaper. Mayor Houston asked if they talked about capacity. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 430 Cm. Zika replied not to any extent. Buses will accommodate about 60 and trains may be double that. The thing that is most doable would be putting in buses in articulated lanes. A lot hinges on whether or not San Jose buys into the BART system and how much money they pay into it and also State money. They are still negotiating with BART and he stated the last he heard, they are not willing to pay a whole lot. Vice Mayor Lockhart stated she had an opportunity to visit Valley High School recently and spoke to the high school students. She thanked Linda Flanigan and all the students for this opportunity. They had a really good discussion regarding local government and it focused in on our Police Department. She had a discussion with Chief Thuman afterward and he will be a guest speaker there in the future. Vice Mayor Lockhart advised that she represented Dublin when Congresswoman Ellen Tauscher came to town on September 28th and spoke at Dublin High School. The students are very interested in our future and what's happening in Washington, D.C. The bipartisan opportunities they have come up with were very interesting and helpful to hear. Vice Mayor Lockhart reported that she will attend the water summit at the Tri-Valley Business Council Thursday morning and this will be opportunity to learn regionally where we are on agricultural water issues. Mayor Houston congratulated and thanked Staff for the Day on the Glen. This was a wonderful and hot day. It was unique and different and everyone got a lot out of it. It showed off the park and the community very positively. The publicity was superior to what we've seen in the past and the vendors and the type of things sold was very high class. It was a very successful event. Mayor Houston reminded everyone that at the last City Council meeting, the City established a fund for Red Cross and encouraged people to participate in any way they feel appropriate. Mayor Houston stated he wanted to thank Dr. John Frasier who operated on his knee last Friday. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 431 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:21 p.m. ATTEST: CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 2, 2001 PAGE 432