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HomeMy WebLinkAbout4.01 07-16-2002 Draft CC Min REGULAR MEETING CLOSED SESSION A closed session was held at 6:35 p.m., regarding: Conference with Legal Counsel 1. Existing Litigation- Government Code Section 54956.9(a) Name of Cases: Livermore Area Recreation & Park District v. Local Agency Formation Commission of zSdameda County, Alameda County Superior Court No. 2002055268 and Livermore Area Recreation & Park District v. City of Dublin, Alameda County Superior Court No. 2002049772, 2. Anticipated Litigation- Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: One potential case Mayor Lockhart advised that, after the agenda for this Council meeting was posted, the City received a document which the City Attorney felt should to be added as Closed Session Item #3. The action to add the item would require a 4/5 vote. On motion of Mayor Lockhart, seconded by Cm. McCormick and by unanimous vote, the Council added the following item to the Closed Session: $. Conference with Legal Counsel- Anticipated Litigation - Initiation of litigation pursuant to subdivision of Government Code Section 54956.9: one potential case. A regular meeting of the Dublin City Council was held on Tuesday, July 16, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:09 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. cITY cOUNcIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 334 PLEDGE OF ALLEGIANCE Cm. Sbranti led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no reportable action taken on Item # 1. The Council will reconvene to Closed Session after the regular meeting to discuss Items 2 & $. PROCLAMATION 7:10 p.m. 5.I (610-50) Mayor Lockhart read a proclamation declaring Tuesday, August 6, 2002 as National Night Out in Dublin and called upon all citizens to join the Dublin Pohce Services and the National Association of Town Watch in supporting the 19th Annual National Night Out. Administrative Analyst Amy Cunningham accepted the proclamation on behalf of Dublin Police Services and encouraged the public to attend the event. CONSENT CALENDAR 7:11 p.m. Items 4.1 through 4.9 On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of June 24, 2002; Adopted (4.2 $50~20)' RESOLUTION NO. 119 - 02 WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF TO PURCHASE THREE POLICE PATROL VEHICLES DIRECTLY FROM DEALER CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 335 Accepted (4.5 600-55) improvements under Contract 02-05 (2001-02 Annual Slurry Seal Program) and authorized the release of retention after $5 days if there are no sub- contractor claims; Adopted (4.4 600-40) RESOLUTION NO. 120- 02 APPROVING AN AGREEMENT WITH THE ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR LOCAL FUND EXCHANGE FOR THE 1-580/TASSAJARA ROAD INTERCHANGE IMPROVEMENT PROJECT Approved (4.5 600-40) a proposed Agreement with LAFCo to indemnify LAFCo for the costs of litigation arising from LAFCo's approval of the East Dublin Property Owners' Reorganization and authorized the Mayor to execute Adopted (4.6 600-30) RESOLUTION NO. 121 -02 APPROVING AMENDMENT NO. 3 TO AGREEMENT WITH WASHINGTON INFRASTRUCTURE SERVICES, INC. (FORMERLY MK CENTENNIAL), FOR CONSULTING SERVICES FOR THE WIDENING OF DUBLIN BOULEVARD FROM VILLAGE PARKWAY TO SIERRA COURT Adol~ed (4.7 600-$0) RESOLUTION NO. 122 - 02 APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH FEHR & PEERS ASSOCIATES, INC. Adopted (4.8 600-30) RESOLUTION NO. 123- 02 APPROVING AMENDMENT TO AGREEMENT WITH TJKM TRANSPORTATION CONSULTANTS CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 336 Approved (4.9 $00~40) the Warrant Register in the amount of $1,481,940.67. PUBLIC HEARING - REPEAL OF NO PARKING ZONE AND ESTABLISHMENT OF PASSENGER LOADING ZONE ON VILLAGE PARKWAY 7:13 p.m. 6.1 (570-20) Mayor Ix~ckhart opened the public heating. Civil Engineer Ray Kuzbari presented the Staff Report and advised that the City was recently contacted by a resident who expressed concern about vehicles blocking the bus stop zone on Village Parkway at Brighton Drive, adjacent to Dublin High School, forcing arriving buses to stop in the travel lane and drop off/pick up passengers away from the designated area for the bus stop. Street parking is currently prohibited on Village Parkway between Amador Valley Boulevard and the City limit with San Ramon. The City's Traffic Safety Committee (TSC) met on June 18, 200g and reviewed this issue. Based on the TSC review, Staff recommends that certain segments of the no parking zone on the east side of Village Parkway, north of the bus stop zone, be changed to a passenger loading zone (fire hydrant and driveway exit sight distance areas will remain red curbed). Drivers of vehicles spotted by police blocking the bus stop zone will be issued warnings or sited. Additionally, City Staff has requested Livermore-Amador Valley Transit Authority (LAVTA) to relocate the existing bus stop sign closer to the face of curb to make the sign more visible for drivers on Village Parkway. Staff met with representatives of the School District and LAVTA and has received their concurrence on Staff recommendations. Police Services indicated that officers will have an easier time citing offenders ff approved. Cm. Zika asked why there won't be a red zone established at the first exit into the high school parking lot? Mr. Kuzbari advised that the first driveway is designated for entering traffic only. Mayor Lockhart clarified that drivers need to have a vision area at the exit but not at the entrance. Cm. Sbranti advised that parents park there even though it has always been illegal. These resolutions would make it easier for parents to drop off kids legally, while making it easier to cite offenders. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 337 No testimony was entered by any member of the public relative to this issue. Mayor Lockhart clOsed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RESOLUTION NO. 124- 02 REPEALING NO PARKING ZONE ON EAST SIDE OF VILLAGE PARKWAY ADJACENT TO DUBLIN HIGH SCHOOL and RESOLUTION NO. 125- 02 ESTABLISHING PASSENGER LOADING ZONE ON EAST SIDE OF VILLAGE PARKWAY ADJACENT TO DUBLIN HIGH SCHOOL PUBLIC HEARING - APPROVAL OF ENGINEER'S REPORT FOR DUBLIN RANCH WEST SIDE STORM DRAIN BENEHT DISTRICT AND ADOPTION OF ORDINANCE CREATING DISTRICT 7:19 p.m. 6.2 (360-40) Mayor Lockhart opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that this was the second reading of an Ordinance which would establish a Storm Drain Benefit District generally including the Dublin Land Company property east of Tassajara Road and a portion of the Dublin Ranch property between the Dublin Land Company property and a line approximately halfway between Tassajara Road and Fallon Road. There will be no cost to the City for operation of the District. The owners and developers of property within the District will construct required storm drain facilities and will be reimbursed for the costs of construction through reimbursement charges collected by the City from other property owners who benefit from the facilities. The City will also recover its costs of administering the reimbursement program through the reimbursement charges. The proposed Dublin Ranch West Side Storm Benefit District consists of approximately $0 arcels horde, red b the DiMa.nto pro~..r~.'.es on Wassajara. Roa. d o..n the .west, I~580 on CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 338 the south, Keegan Street on the east, and the northern boundary of Dublin Ranch Area F on the north. Three of the 30 parcels are owned by Dublin Land Company, and all of the remaining parcels are owned by the Lin Family. The total cost of improvements is estimated at $1,021,477, of which $739,406 is attributable to the Lins and $282,071 attributable to the DiManto property. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Zika and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 12- 02 MAKING FINDINGS, ADOPTING A LOCAL DRAINAGE PLAN, AND CREATING THE DUBLIN RANCH WEST SIDE STORM DRAIN BENEFIT DISTRICT, A LOCAL BENEFIT DISTRICT TO LEVY AND COLLECT CHARGES, AS A CONDITION OF DEVELOPMENT, TO REIMBURSE DEVELOPERS WHO CONSTRUCT AND INSTALL DRAINAGE FACILITIES THAT BENEFIT PROPERTIES OTHER THAN THEIR OWN 7:20 p.m. Public Works Director Lee Thompson advised that the next five public hearing items relate to the annual levy of assessments of the City's five maintenance assessment districts. Each proposed levy is at or below the legal limit for each district, and no public vote was necessary. Mr. Thompson further advised that, in the past two years, the Council has bundled these public hearings and passed with one motion. He asked if the Council would like to do the same this year. Cm. Oravetz referred to Assessment District 83~ 1 and asked if Staff had considered any alternatives other than increasing the fee? Mr. Thompson indicated that because this is a citywide street light district, the only other alternative is to turn street lights off, which he didn't advise. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 339 Cm. Oravetz asked if there was any other way to come up with the money without raising assessments? Mr. Thompson indicated that the only other option would be to put general fund money into the district. Mr. Ambrose pointed out that the City Council, as part of the Capital Improvement Program, approved a C.I.P. that already proposed a significant general fund contribution for replacement of approximately 350 deteriorating street light poles in an older section of Dublin. In terms of some of the capital expense, in future years we will not have money to replace those street lights. There are expenses included for the first year to replace approximately 25 of the street light poles. This assessment district will primarily cover operating costs and increased energy costs that we are being charged by PG&E and over which we have no control. Cm. Sbranti asked about the 2002~2005 Budget and questioned the $88,000 shortfall. Is that a one~time shortfall or will we have to look at it again next year? Mr. Thompson indicated that, unless P&GE drops its rates, we would probably hold it at the same rate. We can go up to $19.34 (what it was before) without going out to the public for a vote. Mr. Ambrose advised that the City had $102,000 for Capital Improvement for the pole replacement, which is coming out of this reserve. Once that is done, our reserves will be lower than the State allows. The capital cost for the street light replacement is close to $1 million. Over time, the City will need to put significant funding into the street light district, unless we raise the fee significantly more than what Staff is proposing. When Staff developed the budget, it was felt that it was a reasonable compromise that the district would continue, after we get past the first year, to spend a reasonable amount of street lighting district reserves. The increased fee would cover operating costs for the district, and in future years, the City's General Fund would pick up the balance of the capital costs associated with those street light poles. Cm. Sbranti asked what are the boundaries of the district? Mr. Ambrose advised the boundary included the entire City with the exception of Dublin Ranch and the 17~unit subdivision above the Hansen Hill development. Cm. Sbranti clarified that the Council has the option of going up to $19.$4 before we have to go to vote? CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 340 Mr. Ambrose indicated yes, because that was the amount we were paying many years ago. Cm. Sbranti stated he felt it was a reasonable compromise, given the situation with energy. Mr. Oravetz clarified that the two options were raising the fee or taking money out of General Fund, and asked Staff ff there were any other alternative? Mr. Thompson advised that there were no other options. Mayor Lockhart indicated that she supported combining the motion for the assessment districts, but wanted to discuss Item 6.6 separately. One public hearing was opened for Items 6.3, 6.4, 6.5 & 6.7. Mayor Lockhart asked ff anyone was presented to speak on any of the 4 items. No testimony was entered by any member of the public relative to any of the 4 assessment districts. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted the appropriate resolutions. PUBLIC HEARING CITYWIDE STREET LIGHTING MAINTEN~CE ASSESSMENT DISTRICT 85-1 (See Page 341 above) 6.3 (360-50) 1'Io Staff Report was presented. This assessment district funds energy and maintenance costs for the City's street lighting system, except for the lighting installed in Dublin Ranch and Tract 7067. The proposed assessment of $I 6.84 per single family home is a 27% increase over the 2001-2002 assessment. This increase is an allowable increase according to Proposition 218 since the rate is less than previously assessed by the District during Fiscal Year 1995-1996. The Council adopted CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 341 RESOLUTION NO. 126- 02 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 PUBLIC HEARING - TRACT 4719 - STAGECOACH ROAD LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT, DISTRICT 85-2 (See Page 341) 6.4 (360-20) No Staff Report was presented. This assessment district maintains landscaping along Stagecoach Road and on the interior slopes of Coral Way and Agate Way. The assessment is not proposed to increase above the FY 2001-2002 level ($228.72 per single family home and $58.68 per Amador Lakes unit). Thc Council adopted RESOLUTION NO. 127- 02 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD) PUBLIC HEARING - VILLAGES ~ WILLOW CREEK LANDSCAPING & LIGHT!N. G MAINTENANCE ASSESSMENT DISTRICT 86-1 (See Page 341) 6.5 (360-20) No Staff Report was presented. This assessment district provides for maintenance of certain landscaping improvements associated with the Villages at Willow Creek development. The proposed assessments are calculated at $133.28 per single family home and $66.24 per multi-family parcel. This is a 2% increase above the 2001-02 assessment, which is commensurate with the Consumer Price Index rate increase and is CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 342 allowed under the terms of the Engineer's Report that was approved by property owner ballot in 200I. The proposed maintenance budget for 2002-02 includes $5,200 specially designated for the addition of shrubs and annual flowers at the corners of Dougherty Road and Willow Creek Drive and Amador Valley Boulevard and Wildwood Road. The Council adopted RESOLUTION NO. 128- 02 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES @ WILLOW CREEK) PUBLIC HEARING - DUBHN RANCH AND TRACT 7067 STREET LIGHTING MAINVI~NANCE ASSESSMENT DISTRICT 99~ 1 (See Page 341) 6.7 (360~20) No Staff Report was presented. This assessment district ftmds the electric energy, maintenance, and repair costs associated with the decorative street lighting within the Dublin Ranch development (Phase I and Areas G and A, excepting the goff course) and also in the Tract 7067, which is the Clifden Parc development off Mountain Rise Place in the western hills. The proposed assessment, $15.10 per single family home, is the same as the 2001 ~2002 assessment. The Council adopted RESOLUTION NO. 129- 02 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AND TRACT 7067) CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 343 PUBLIC HEARING - SANTA RITA AREA LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 6.6 (360-20) This item was pulled from the combined motion for discussion. Mayor Lockhart opened the public hearing. No Staff Report was presented. This assessment district funds street landscape maintenance and utility costs for the Santa Rita development areas, also known as Emerald Park. The district was formed at the request of the property owner to assure that all of the landscaping in Emerald Park was maintained at a consistently high level. The scope of work includes maintenance of roadside landscaping for Dublin Boulevard, Hacienda Drive, Central Parkway, a portion of Arnold Road, Tassajara Road (westerly portion), and a portion of Gleason Drive, plus the maintenance of the trail and landscaping along the Tassajara Creek channel. The recommended 2002~2003 assessment is $280.32 per acre, which is approximately 19% higher than the 2001 ~ 2002 assessment. As expenses are expected to exceed revenues, it is proposed that $50,023.74 (29%) of the budgeted expenses be paid from the district reserve. Mayor Lockhart asked the amount of the reserve in this assessment district account? Mr. Thompson indicated that on Page 7 of 12, the table showed Contingences and Reserve at $84,746. Mr. Ambrose indicated that it was assuming that Council adopted the program as presented tonight. It would have $50,000 more than that if Council did not. Cm. Sbranti asked the reason for the $50,000 deficit in terms of expenditure of revenue? Mr. Thompson responded that some reserves would be used because we don't want the reserves to get too high, as there is a legal limit. It would also keep the assessment from jumping too fast. The ultimate assessment on this district is $710, plus cost of living. We are about one-third of what it could be when we get all of the lights in that district. Cm. Sbranti asked how we ended up with so much in the reserve? Mr. Thompson responded the developers in most of the assessment districts did not finish their projects on schedule. Meanwhile, the developers were charged rates for a CITY COUNCIL MINLrFES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 344 whole year, but no monies were paid out toward the assessments. As a result, the whole year's reserve needs to be worked down. Cm. Sbranti asked if the City would permanently maintain the landscaping on the Tassajara Creek Trail? Mr. Thompson indicated that the creek is part of the district; however, some of the frontages have not yet been accepted. Cm. Sbranti asked if it would be permanent? Mr. Thompson clarified that the creek is permanent, and more of the frontages on the major streets will be taken on. Mayor Lockhart closed the public hearing. No testimony was entered by any member of the public relative to this assessment district. On motion of Cm. McCormick, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 130- 02 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) TRANSFER AGREEMENT FOR SHANNON PARK ARTWORK - SIRIUS 7:55 p.m. 7.1 (600-$0) Parks & Community Development Director Diane Ix>wart presented the Staff Report and advised that at its June 17, 2001 meeting, the City Council approved the request from the Dublin Fine Arts Foundation (DFAD to permanently install Sirius at Shannon Park. The installation is now complete and the DFAF has prepared an agreement to transfer the title of Sirius from the DHAF to the City of Dublin. The Council agreed that the Shannon Center was the ideal location for the art piece. "'"' "'" ""' "" ....... '" ........ CITY 6ouNciL MINUTES ' VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 345 On motion of Cm. McCormick, seconded by Cm. Zika and by unanimous vote, the Council authorized 'the Mayor to execute the Transfer Agreement. EVALUATION OF TRAFFIC CIRCUIATION AND SAFETY IN THE VICINITY OF DUBLIN HIGH SCHOOL 7:$6 p.m. 7.2 (590-40) Civil Engineer Ray Kuzbari presented the Staff Report and advised that before the traffic signals were installed along Village Parkway at Davona Drive, Brighton Drive and Tamarack Drive, the Council requested that Staff perform an "After" study to assess traffic speeds and safety after these signals were installed. Staff conducted a review of traffic circulation and safety, primarily focusing on the Village Parkway/Brighton Drive intersection due to its immediate proximity to Dublin High School and the direct impact that school traffic has on this intersection. The Village Parkway intersections at Davona Drive and at Tamarack Drive were also evaluated and segment speed surveys were taken. Based on this study, the new traffic signals on Village Parkway between Tamarack Drive and Davona Drive were found to provide an efficient and enhanced school traffic safety system in the vicinity of Dublin High School. Furthermore, Brighton Drive was determined to have adequate signing and pavement markings. Additional safety measures have been taken as a result of the traffic study, such as increased green time for U~turns at Davona Drive and time adjustments to certain signals. Due to the limited sight distance of southbound traffic on Village Parkway when making a right turn form Davona Drive, Staff recommended installing "No Right Turn on Red" signs at this intersection to prohibit the right turn movement on red from Davona Drive onto Village Parkway. Cm. Sbranti asked ff there were any documented accidents in that area? Mr. Kuzbari responded that there had been no documented accidents. When there were stop signs at the intersection, site distance was not an issue. Now, with the signal, site distance is an issue ff you make a right turn on red. Cm. Sbranti asked if the City had a policy on site visibility for this type of situation or is it more field observation? CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 346 Mr. Kuzbari advised it was field observation based on the local traffic, and indicated that the traffic signals have provided a safe situation and efficient traffic circulation on Village Parkway in the vicinity of Dublin High School. Mayor Lockhart asked fi, with the large amount of students crossing on the north side of the Brighton Drive/Village Parkway intersection, is there a problem with cars turning right on a red off of Brighton Drive? Mr. Kuzbari advised that the students having the right~of~way when they are crossing, so Staff did not see a problem. But there is always a potential for conflict when you have right turns on red with heavy pedestrian traffic. Cm. Sbranti expressed a safety concern with left turns from eastbound Brighton Drive onto Village Parkway, and recommended a "Yield on Green" sign or a turn arrow on the signal at that location. This would alleviate traffic problems involving right~of~way for both east and west bound drivers, as well as students using the crosswalks. Mr. Kuzbari agreed that the sign would be a quick and good solution; adding a turn arrow to the signal would be a major project. Cm. Oravetz indicated that he felt that the signals were necessary at Brighton Drive and Davona Drive, but questioned the necessity of the signal at Tamarack Drive. Mr. Kuzbari indicated that installing signals was not based on traffic volume at the intersection, but on child safety. Mayor Lockhart pointed out that Fallon Elementary School was still on the west side of Village Parkway when the signals were planned. Cm. Oravetz asked ff there were more accidents since the lights were installed. Mr. Kuzbari advised that, based on the reported accidents since 1999, there is no evidence that the traffic signals increased the accident rates on Village Parkway. Ms. McCormick asked if any of the accidents involved pedestrians or bicycles? Mr. Kuzbari s~ated the accidents involved vehicles only. On motion of Cm. Oravetz, seconded by Cm. $branti and by unanimous vote, the Council approved installation of "No Right Turn On Red" signs prohibiting the right turn movement on red from Davona Drive onto Village Parkway, and the addition of eastbound and westbound "Yield on Green~' signs at Brighton Drive and Village Parkway. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 347 AWARD OF CONTRACT FOR MURRAY SCHOOL BELL TOWER PROJ. E .~ 7:S8 p.m. 7.3 ((300-30) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that at its June 4, 2002 meeting, the City Council authorized Staff to solicit bids to complete the design and construction of the Murray School Bell Tower. Three bids were submitted: TGK Contracting, $99,500; N.V. Heathorn, $170,039; and Pacific Coast Reconstruction and Building, Inc., $191,700. Staff recommended adding a 10% contingency, thus bringing the amount of funds needed to $109,450. The Fiscal Year 2002-2003 Budget includes $101,$S0 for construction of the project. An additional $8,100 from Unappropriated Reserves is being requested to cover the 10% contingency and an anticipated $2,000 shortfall in revenue. The Fiscal Year 2002-2003 Budget anticipates receiving $30,000 in contributions toward the project. The Murray School Bell Tower Campaign has committed $25,000 for the project, and the GFWC Dublin/San Ramon Women's Club will contribute $3,000 toward the Purchase of the bell. Staff has reviewed the bid remits, checked the contractor's references, and recommends that the Council adopt the proposed resolution awarding the contract to low bidder TGK Contracting and approve the budget change. Cm. McCormick expressed concern about the low bid, and asked what accounted for the huge difference between bids. Ms. Alex advised that preliminary budgetary quotes received last year set the proposed budget between $50,000 ~ $99,000. Staff used the highest quote to set the project budget. To some degree, the discrepancy between the bids can be attributed to design build process; there is somewhat of a gray area. Staff felt that the other contractors allowed for additional funds to cover those gray areas. Contractor references have been check, and Staff expressed confidence in the chosen contractor. Cm. McCormick asked if TGK Contracting has worked on historical buildings? Ms. Alex advised that the architect has historical experience, but it is very difficult to find contractors with the specialized experience. She was confident that the architect would provide the required design. Cm. Sbranti also expressed concern regarding the bid amount discrepancy. Cm. Zika commended the Rotary Club, the Women's Club, and Dublin Historical Preservation Association, in their efforts in raising funds for the bell and tower. He CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 348 expressed his concern about the low bid, and clarified that the architect would be supervising the materials used? Ms. Alex confirmed that, as part of bid package, Staff included technical specifications as to the types of materials required. Cm. Zika asked if the reference check included field trips to view examples of their work? Ms. Alex advised that she did a site check on the architectural reference. In terms of the construction contractors, she viewed sites at a distance. Cm. Zika reminded Staff of an unfortunate incident a few years ago with a contractor doing work at Arroyo Vista. The verbal references checked out, but no site reference check was done. The work performed was substandar& Ms. Alex responded that this contractor provided two references. One reference was a developer with which the Contractor had established a 10~year relationship. This relationship was established through an architect, who recommended the contractor to the developer. The second reference was an architect on a design build project. As architects are very particular regarding recommending contractors, Staff feels fairly confident that this contractor will work. Cm. Sbranti asked the background of the other two bidding firms? Ms. Alex advised that Staff didn't evaluate the others because of the considerable cost differences. Staff focused on the low bidder because their price was well within our budget constraints, and our budget was based on previous budgetary quotes. Cm. Zika pointed out that the contractor was probably hungry and bid this short job to keep crew busy between jobs. Ms. Alex indicated that this was the contractor's first job with the City, and he wanted to establish a good relationship. Cm. McCormick asked if the Council could see the drawings at some point? Ms. Alex indicated the conceptual designs had been previously presented. As Staff proceeds into construction document development, Staff would evaluate design details and structural calculations. It would be possible to arrange an informational presentation at some point. I'I,','~',,,,,,',,,",I', ,'I",' I'' ','," ', ', ', ," ,','" II' ,' ,'," ,',' ,' ~ ,' ' ',, ' I~ , : ' ~ ' ,, , ,,, I, ' .... '"~'" CITY couNCIL MINUTES ' ....... VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 349 Cm. McCormick expressed concerned because it is a community project. Mayor Lockhart indicated that she would like to see architect's final design. Mr. Ambrose expressed the importance of scheduling the review as to not delay the contractor. The Council agreed that a presentation was not necessary. Design sketches could be routed to them. Mayor Lockhart read a speaker slip submitted by Steve Lockhart, President of the DHPA, in which he urged the Council to continue with the Murray School Bell Tower project, as it has been a lifelong dream of many residents and will add greatly to our Heritage Center. Cm. Oravetz expressed his desire for the bell tower to be successful, and the need to keep a close eye on the low bid contractor during the building process. Cm. Sbranti also expressed concern with low bid because it was substantially lower; however, felt that most of the concerns had been addressed. He agreed with Cm. Oravetz that it was important to keep a close eye on the project. Cm. Oravetz indicated that he would like to see all of the change orders. On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. t31 -02 AWARDING CONTRACT 02-07 TO TGK CONTRACTING TO COMPLETE THE DESIGN AND CONSTRUCTION OF THE MURRAY SCHOOL BELL TOWER and approved a Budget Change in the amount of $8,100 from Unappropriated Reserves. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 350 REQUEST TO AMEND SMOKING ORDINANCE 8:15 p.m. 8.1 (560~90) Administrative Analyst Jason Behrmann presented the Staff Report and advised that the City adopted Dublin Municipal Code Chapter 5.56 "Smoking Pollution Control" in 1987, with the most recent amendment, prohibiting smoking in restaurants, occurring in 1994. Since that time, revisions to State law have supplanted much of the City's Ordinance. Only in cases where the City's Ordinance is more restrictive than State law, does the City's Ordinance take effect. State law governs most of the no~smoking provisions currently enforced in the City of Dublin. In March 2002, the Mayor received a request that the City Council consider amending the City's current Smoking Ordinance to prohibit smoking within a certain distance of a business entrance. Since March, the City has received one additional call from a business owner asking that the City prohibit smoking near a business entrance. The requests stem from the fact that smoking is not allowed in enclosed places of employment and in order to comply with the law, individuals frequently smoke outside, near the building entrance. This can result in individuals entering or leaving the building being involuntarily exposed to secondhand smoke. Mr. Behrmann further advised that, in addition to determining whether to proceed with introducing this Ordinance amendment request, this may be an appropriate time for the Council to consider "strengthening" the Smoking Ordinance in the areas of outdoor dining, multi~family common areas, and self-service displays. Cm. McCormick asked if multi-family common areas included laundry rooms and playgrounds within the complex? Mr. Behrmann confirmed that it included laundry rooms and any other enclosed areas, but was unsure about private playgrounds. Janice Louie, Alameda County Health Department, indicated that each apartment complex, nursing home, business, etc., could adopt their own policy. Privately owned land, including play areas, are subject to the property owner's own policy. Mr. Behrmann concluded that the City could not enforce those open areas, as we can the interior common areas. Mayor Lockhart indicated that she would like to ban smoking in outdoor dining areas. Hacienda Crossings is an ideal example of where we are encouraging people to gather near, the putdoq, r dining by making it.a ..b!$ cum.m, on area. She also felt that bannha$. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 351 smoking in multi-family commons areas made sense. She liked the idea of smokers staying a minimum of 25 feet from the door. She would also like to see the prohibition of selling cigarette papers from self~service displays, along with the smokeless cigarettes and cigars. Cm. Oravetz asked ff people could smoke in the patio section of the Outback Steakhouse, for example. Mr. Behrmann advised that the County believes that, technically~ the Outback patio is an outdoor area because it has partial walls. Therefore, current law would not prevent smoking in that area. If the Council added outdoor dining to the amended ordinance, that would prohibit smoking in those types of areas. Cm. Zika indicated that smokers should have one or two places to smoke, and outdoor dining should be one of the areas available. On motion of Mayor Lockhart, seconded by Councilmember Sbranti and by majority vote (Cm. Zika opposed), the Council requested that Staff initiate an amendment to the Smoking Pollution Control Ordinance, including amendments to the Outdoor Dining, Multi~Family Common Areas, Self~Service Displays including cigarette papers, and "no smoking" a minimum of 25 feet from a business doorway. OTHER BUSINESS Mr. Ambrose advised that the Town of Danville would host the next Tri~Valley Council Meeting on September 12th at 6:30 p.m. Mr. Ambrose advised that, at this time, there is no pressing business for the City Council meeting of August £0th, and asked the Council ff they would like to hold or cancel the meeting? Cm. Sbranti indicated that he was planning to suggest a couple of agenda items, which might need to go on August £0th ff they weren't ready in time for the August 6t~ Council meeting. After a brief discussion, the Council agreed to leave the August 20t~ meeting date open for now. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 352 Cm. Oravetz reported that he, along with most of the Council, would be attending the League of California Cities Executive Forum in Monterey at end of the month. Cm. Sbranti reported that he had attended the opening of the 100% energy efficient Syntex Homes in Livermore, and hoped that Syntex Homes might do similar projects in our city. Although it is more costly to incorporate every idea, he encouraged the City and private developers to use as many ideas as poss~le. Cm. Oravetz asked ff the home was open to the public? Cm. Sbranti indicated that tours were probably on an appointment basis. Cm. Sbranti indicated that he attended the second scoping meeting for the Juvenile Justice Facility, and was still monitoring the situation. Cm. Zika advised that he had attended the 1-580 Policy Committee meeting, during which time they took a straw vote and adopted the BART alignment to Livermore through the median of 1~580. This would also allow the Committee to identify where the HOV lanes would go and how much property would be needed. Since the meeting was not noticed 72 hours in advanced, an official vote will be taken at the next Committee meeting. He also met with the CMA Area 4 Policy Committee to set plan for spending monies. He attended Dublin's Housing Task Force meeting, during which time the task force adopted a definition for disable persons. It was decided to go along with the ADA definition of disabled person, along with a letter from a doctor. Cm. McCormick advised that while on vacation, she was elected as Chair of the Alameda County Housing Authority. She looked forward to serving in that capacity. Mayor Lockhart advised that she participated in the Tri-Valley Mayor's Summit, which was jointly hosted by the Dublin, Livermore and Pleasanton Chambers of Commerce. She thanked the Chambers and the Dublin Monarch Hotel for hosting the event. On Saturday, July 1 $, she hosted a picnic in the park for 78 South Korean visitors, and then attended an evening program where they awarded medals to local veterans of the Korean War. She expressed disappointment that no press attended to cover this wonderful cultural event. She thanked Parks RFrA and the Wm. F. Dean Chapter of the Army Association, which supports soldiers everywhere. VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 3.q3 Mayor Lockhart noted that she save a keynote address, on behalf of the Waste Management Authority, at the Recovery and Resource Association Convention. She attended the American Cancer Society Volunteer Thank You Reception, and noted that Dublin Police Captain Gary Thuman was the incoming President of the Association, and many other Dublin Staff were on the Board. CLOSED SESSION 8:35 p.m. The Council reconvened to Closed Session. REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that them was no reportable action. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:30 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor ATrEST: City Clerk VOLUME 21 REGULAR MEETING July 16, 2002 PAGE 354