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HomeMy WebLinkAbout4.01 CC 11-05-2002 Draft Min REGULAR MEETING - November 5, 2002 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: CONFERENCE WITH LEGAL COUNSEL: 1. Initiation of litigation pursuant to subdivision(c) of Section 54956.9: (1 case) 2. Existing Litigation - Government Code Section 54956.9(a) Name of Case: Goodland Landscape v. City of Dublin, Alameda Superior Court No. 2002042262 3. Existing Litigation - Government Code Section 54956.9(a) Name of Case ~ Livermore Area Recreation & Park District v. City of Dublin, Alameda County Superior Court No. 2002049773 A regular meeting of the Dublin City Council was held on Tuesday, November 5, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart reported that on Closed Session Item 1, the City Council unanimously voted to join in an amicus brief in the case of Barden v. City of Sacramento. This case involves the application of the Americans with Disabilities Act to sidewalks. CITY COUNCIL MINUTES VOLUME 21 ~ . REGULAR MEETING November 5, 2002 ' PAGE 538 INTRODUCTION OF NEW EMPLO~E 7:02 p.m. $.1 (700~10) Public Works Director Lee Thompson introduced new employee, Public Works Office Assistant II, Debra LeClair. Debra stated she is happy to be working for the City of Dublin. PROCLAMATION 7:04 p.n-t. $.2 (610~50) Mayor Lockhart read a proclamation declaring the week of November 24~$0, 2002 as National Family Week, and encouraged families to recognize and appreciate their role, thus contributing to a strong and healthy community. The proclamation was presented to Carl Witham. Mr. Witham stated he was thankful to the City for making this declaration. He has been a Dublin resident for over 25 years and has raised his family here. 7:06 p.m. Elpi Abulencia, Linden Street, stated he wished to speak on the subject tonight and give a brief perspective on the family and art. Families are especially important. A strong and united family will make a community united. Not enough attention is being given to the household and the kids when both parents work and kids come home to an empty home. The future is just around the corner. There are various art programs in this City and in one of his talks, he was talking about artwork that conveys a message. Art also entertains and informs and motivates. In one City in the East Bay, there was a contest for banners for revitalization. This would be good for the revitalization of downtown Dublin. It will be a great idea if we have an integrating symbol for the City, maybe a banner. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 539 CONSENT CALENDAR 7:13 p.m. Items 4.1 through 4.12 Cm. McCormick pulled Item 4.9. Cm. Oravetz pulled Item 4.10. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of October 15, 2002; Adopted (4.2 600-35) RESOLUTION NO. 199- 02 AWARDING CONTRACT 02-14 CIVIC CENTER HVAC REPLACEMENT TO N. V. HEATHORN, INC. ($271,132) Received (4.3 320~30) the City Treasurer's Investment Report for 1st Quarter of FY 2002-03 indicating that the City's investment portfolio totals $91,098,497 (market value), and that funds during the 1st quarter were invested at an average yield of 3.546% Authorized (4.4 600-35) Staff to solicit bids for Contract 02-18, Traffic Signal Battery Backup Systems; Adopted (4.5 200-30) RESOLUTION NO. 200- 02 AWARDING CIVIC CENTER COUNCIL CHAMBER LIGHTING SUPPLEMENT CONTRACT TO TRI-ClTY ELECTRIC, INC. ($32,343) C1TY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 540 Adopted (4.6 600-30) RESOLUTION NO. 201 -02 APPROVING THE IMPROVEMENT AGREEMENT FOR IMPROVEMENTS AT THE SHANNON CENTER, 11600 SHANNON AVENUE (SPRINT SPECTRUM L.P., A DELAWARE LIMITED PARTNERSHIP) Adopted (4.7 600-60) RESOLUTION NO. 202- 02 ACCEPTING IMPROVEMENTS FOR PARCEL MAP 6985 (CANESSA PROPERTY) Adopted (4.8 600-60) RESOLUTION NO. 203- 02 APPROVING FINAL MAP AND PRIVATE STREET NAME FOR TRACT 7327, DUBLIN RANCH AREA G, NEIGHBORHOOD H-2 (TOLL-DUBLIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY) and RESOLUTION NO. 204- 02 ACKNOWLEDGING USE OF EASTERN DUBLIN PUBLIC FACILITY IMPACT FEE CREDITS FOR COMMUNITY AND NEIGHBORHOOD PARK LANDS FINAL TRACT MAP 7327 (DUBLIN RANCH AREA G, NEIGHBORHOOD H-2) Approved (4.11 330-20) Budget Changes for Fiscal Year 200I~02; Approved (4.12 300-40) the Warrant Register in the amount of $1,861,299.71. Cm. McCormick pulled Item 4. 9 from the Consent Calendar for informao'onal purposes. Ci& Staff proposes to purchase a hybrid Sasoline/elecIric vehicle Io be used as a City pool car. She complimented Staff on this fine idea. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 541 Cm. Zika concurred and pointed out how this is an outstanding example of how we're leading the valley. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council authorized (4.9 $50-20) Staff to distribute RFP to qualified dealers for one City Pool Vehicle. Cm. Oravetz pulled Item 4.10 from the Consent Calendar in order to highlight this item. A request to auction a street name in Dublin is being requested by the Biletnikoff Foundation. They are holding a crab feed and auction fundraiser on Saturday, Kovember l ~h. Unfortunately, all the tickets have sold out. Cm. Zika pointed out that the money raised~ proceeds from the street namin~ vdll go to Dublin ~s youth football and ch eerleadin g programs. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council approved (4.10 820-60) a request to designate a street within Dublin Ranch for naming by the Biletnikoff Foundation subject to provisions of the City's policy for non-profit street-naming. PUBLIC HEARING - SPEED LIMIT CHANGE ON DUBIJN BOUI.EVARD (HACIENDA DRIVE TO TASSAJARA ROAD 7:17 p.m. 6.1 (590-20) Mayor Lockhart opened the public hearing. Associate Civil Engineer Ray Kuzbari presented the Staff Report. California Vehicle Code Section 40802 specifies that engineering and traffic surveys must be conducted every 5 years for certain types of roadways in order to allow speed limit enforcement by use of radar. Engineering Studies performed indicate that the speed limit on Dublin Boulevard between Hacienda Drive and Tassajara Road should be reduced from 50 mph to 45 mph. Cm. Sbranti asked about the primary basis for reduction. Mr. Kuzbari stated a lot of improvements have taken place on Dublin Boulevard and the construction of 6 travel lanes has been completed and we have installed a good number of traffic signals along this stretch of road. Staff felt that this was an appropriate time to review the speed limits and basext on the 85th percentile speed, it was warranted to lower the limit to 45 mph. CITY COUNCIL MINUTES VOLUME g 1 REGULAR MEETING November 5, 2002 PAGE 542 Elpi Abulencia, Linden Street, asked what happens if we don't reduce the speed? If we reduce it to 45mph, can the traffic enforcement be effectively enforced with more tickets? How will it impact other roads like Central Parkway; will this follow with 45mph? What is the main or basic reason for doing this reduction? Mr. Kuzbari repeated the reasons he had explained earlier. Mayor Lockhart closed the public hearing. Cm. Oravetz stated he felt 45 mph is fine and he supports this as a public safety issue. Cm. McCormick clarified that these studies are done every 5 years, so this will be effective for that time? She commented this speed seemed kind of fast to her. Mr. Kuzbari 'stated the speed limit could be changed based on certain conditions. If there are any changes to the traffic characteristics, this could be reviewed. City Manager Ambrose explained that the court actually gets a copy of the speed surveY for radar enforcement. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance establishing speed limit (45 mph) on Dublin Boulevard, from Hacienda Drive to Tassajara Road. PUBHC HEARING - GENERAL PLAN AMENDMENT TO ADD GENERAL PLAN LAND USE MAP TO THE GENERAL PLAN DOCUMENT IN PLACE OF PRIMARY PLANNING AREA LAND USE AND CIRCULATION MAP, EASTERN EXTENDED PLANNING AREA LAND USE MAP, AND WESTERN EXTENDED PLANNING AREA, SCHAEFER RANCH PROJECT SECTOR LAND USE AND CIRCULATION MAP, ALL OF WHICH WILL BE DELETED, AND TO MAKE MINOR ASSOCIATED TEST CHANGES (PA 02~045) 7:27 p.m. 6.2 (420~30) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report. In an attempt to simplify the General Plan document and reduce the number of land use maps contained within, Staff is proposing to replace the Primary Planning Area Land Use and Circulation Map, Eastern Extended Planning Area Land Use Map, and Western Extended Planning Area, Schaefer Ranch Project Sector Land Use and Circulation Map with one single General Plan Land Use Map that contains all of the same information. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 543 This amendment to the General Plan relates to the display of information only and does not cause physical changes to the environment, and therefore is a "non~project" according to the California Environmental Quality Act (CEQA) Guidelines and is exempt from environmental review. Elpi Abulencia, Linden Street, asked if this will generate conflicts or problems later on regarding boundaries. Are there any negative side effects? Mayor Lockhart explained that we are not changing any boundaries, but simply putting it all in one map. Mayor Lockhart closed the public hearing. Cm. Oravetz stated he views this as just a housekeeping activity. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 205- 02 APPROVING A GENERAL PLAN AMENDMENT TO ADD GENERAL PLAN LAND USE MAP (FIGURE 1-1A) TO THE GENERAL PLAN DOCUMENT IN PLACE OF PRIMARY PLANNING AREA LAND USE AND CIRCULATION MAP (FIGURE 1-1), EASTERN EXTENDED PLANNING AREA LAND USE MAP (FIGURE 1-2B), AND WESTERN EXTENDED PLANNING AREA, SCHAEFFER RANCH PROJECT SECTOR LAND USE AND CIRCULATION MAP (FIGURE 1-3), WHICH WILL BE DELETED, AND MAKING ASSOCIATED MINOR TEXT CHANGES (PA 02-045) BUS SHELTER DESIGN 7:32 p.m. 7.1 (600-30) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report. The Bus Shelter Project provides for the replacement of 3 bus shelters over two fiscal years. In FY 2002-03, the preferred design will be chosen and the selected artist will prepare plans and specifications for fabrication and installation of the bus shelters. Livermore Amador Valley Transit Authority will contribute $6,000 towards the cost of replacing each bus shelter. The bus shelters scheduled for replacement are located in the downtown area on Dublin Boulevard: 1) north side of Dublin Boulevard at Village CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 544 parkway and the 1-680 underpass; 2) north side of Dublin Boulevard at Golden Gate Drive; and 3) south side of Dublin Boulevard at Golden Gate Drive. A pool of artists were invited to submit their qualifications for the bus shelter designs. The Bus Shelter Art Selection Committee and the Heritage & Cultural Arts Commission are recommending approval of the Bus Shelter artwork design proposal submitted by Mr. Dan Dykes. Mr. Dykes has gained international recognition for his expertise in metal sculpting. An artist for over 20 years, he travels extensively, teaching professional-level skills, lecturing, and giving university and college seminars. He is also the designer of the Safeway clock tower. Following approval of the artwork, Staff will finalize an agreement with the artist. The agreement will be brought before the City Council at a future meeting for approval. Art Consultant Lynne Baer discussed the proposal for Dublin's bus shelters. This is a concept and will have to be designed in different sizes and ways around the City. Dan Dykes presented and discussed his design proposal. Mayor Lockhart asked if there is a space for the City logo. Mr. Dykes stated it could be done a number of ways. This could be developed. Cm. Zika asked about the size. How far out from the pole will the plexiglass be? Ms. Baer stated this is yet to be developed. The shelter displayed was a grand shelter. Mr. Dykes stated all the seating areas would be tiled and color could be added. Cm. Zika commented on the possibility of this becoming a canvas for various groups. Cm. Sbranti clarified where the plexiglass and back screen would end. Ms. Baer demonstrated on the model where this would be. Mayor Lockhart reported that Livermore had their high school students design some of the plexiglass panels and this pretty much ended vandalism. They took ownership. Mr. Dykes stated he would see doing collaborations. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council approved the artwork by Dan Dykes for the bus shelter design. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 545 DUBLIN PUBLIC LIBRARY TIME CAPSULE 7:52 p.m. 7.2 (940~50/910~40) Parks & Community Services Director Diane Lowart presented the Staff Report. The Library project includes a vauR for a Time Capsule at the entrance to the new library. In order to coordinate with the Library construction schedule, the Time Capsule needs to be placed into the ground the week of November 18, 2002. The subcommittee has suggested that a ceremony to place the Time Capsule in the ground be held on Saturday, November 23, 2002. Further, it was suggested that the donors to the Time Capsule be invited to the ceremony. Staff suggested that the ceremony begin at 10:00 a.m., and be followed with refreshments. Cm. Sbranti asked how many groups have contributed. Ms. Lowart stated we had received a number of offerings from the Dublin schools, most of the service clubs, and other government agencies such as DSRSD. We have photos and quite a variety of items. We will have a list of the items in the City Clerk's office. Cm. McCormick asked if it is possible to video or digitally tape the actual ceremony and put that into the time capsule? Ms. Lowart stated Staff could make arrangements to do this. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the date and time of the Time Capsule ceremony. DOWNTOWN STREETSCAPE IMPLEMENTATION PLAN FOR THE DOWNTOWN SPECIFIC PIgNS - RECONSIDERATION OF MONUMENT DESIGN 7:57 p.m. 7.3 (600-30) Senior Planner Janet Harbin presented the Staff Report. The Task Force recommended design of the first monument for the Downtown Streetscape Improvement Plan was presented to the City Council for consideration and approval. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 546 The estimated cost for the monument and related improvements during Phase I of the project is $195,035.40. The funding for the monument is included in Capital Improvement Program Project # 94060 for Fiscal Year 2002~03, as part of the Downtown Streetscape Implementation Program. Approximately $249,000 remains in the CIP budget for the development and construction of the monument. Phase II of the project, the associated concrete work, pavement, landscaping, seatwall and relocations of streetlights and the traffic signal, would be proposed to be funded in the budget for FY 2003~04 as part of the CIP. As the City presently owns the property where the monument is proposed to be located, no further land acquisition is necessary for the project. Consultant Dave Evans discussed the preferred monument design selected by the Task Force members, which is a Campanile style, which blends a modern stone faqade with the traditional column and turret. The monument would be approximately 29 1/z feet in height, with a 5 foot 5 inch base. The column of the monument would incorporate an open grillwork, as would the turret, which would be lighted. Metal grillwork on the lower portion of the column reflects a similar style used on the Murray School bell tower presently being restored by the City. The City insignia would be located near the top of the column, and either aluminum or brass lettering stating "Downtown Dublin" would encircle the column approximately 10 feet above the base. When both phases of the project are completed, a seatwall and landscaping with paving would be located at the base of the column for pedestrian seating, and a walkway to the adjacent McDonald's site would be provided. Cm. Zika asked how this will translate when we get into the smaller ones? Mr. Evans stated they haven't done the design yet, but wanted to settle on the basic structure design. The smaller ones are yet to be designed, but will have a strong architectural relationship. The smaller ones will be designed to do different things, but will accomplish what they need to at their specific location. Cm. Sbranti asked questions related to the height. Mr. Evans responded it will be close to 2 V2 or 3 stories. For comparison purposes, the Clocktower at the Civic Center is 69 feet high, or about 5 to 6 stories high.. Cm. Oravetz commented the good work by the committee and stated he likes it better than the spaceship. Following the Council's approval of the monument design and cost estimate, the Consultant will prepare construction bid documents and issue a request for bids on the CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 547 first phase of the project. After bids are received, Staff will bring the bid proposals back to the Council for review and selection of a contractor for the construction of the monument. Cm. Sbranti asked about the height of the other monuments. Mr. Evans advised that there will be 4 locations which will have this size monument and the other locations will be smaller. This is probably the only site location where they can do the seat wall base. Every corner will have to be evaluated on a case~by~case basis. Cm. Sbranti stated if we have a 29' monument here and then smaller sizes elsewhere, he was concerned about uniformity. Did the committee have discussion regarding size or did they look at this issue? Mr. Evans stated they know we will probably not be able to get a good garden or seatwall at all locations. Cm. Zika stated he would like to see almost identical monuments at the 4 main locations. We will have to evaluate this before we build this one. If it works at all the locations, this is fine and if not, they may need to take another look. Dave Evans stated they could site this fairly easily. There would be a series of questions to answer at each location, with cost impacts. They could do this fairly quickly. Cm. Sbranti stated he would not like to see 4 different sizes. Mary Beth Acuff, a task force member, stated she objects to this monument concept altogether. She felt a monument is not street furniture. It faces out and does not blend into the background. The idea of it should have come to the Heritage & Cultural Arts Commission and then given to a series of people for concept development. Secondly, she stated she did not like the monument concept because it is inappropriate for downtown. There are other ways of approaching the idea and a way to recognize what a downtown is. She doesn't want to separate the city into pieces. She wanted to explore another kind of idea to unify all the areas of the city while still giving an identifying mark to Village Parkway and make it more pedestrian oriented. Dublin's arborists are perfectly capable of creating a beautiful area for downtown Dublin. She stated she did not particularly object to this specific design, but felt other whole ideas should have been brought to the committee. Bruce Fiedler discussed the fact that 5 or 13 years ago, this was discussed with the plans for east Dublin and the two Safeway stores. He stated he doesn't believe we will be able CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 548 to have uniformity throughout the City unless we model everything after Hacienda Crossings. With the new BART Station, it will be helpful to have identifying elements in our major downtown area. Mr. Ambrose suggested they continue this item in order to look at all the locations. Cm. Oravetz made a motion, which was seconded by Cm. McCormick, to approve the Task Force recommended monument design, to instruct the Consultant to prepare construction bid documents, and to direct Staff to request bids following preparation of bid~level documents. Further discussion ensued. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council agreed to continue the item to the next City Council meeting and requested Staff to look at the design height for the 4 major locations. Following additional discussion, the Council agreed that the item should be brought back to the December $, 2002 City Council meeting. UPDATE ON PRELIMINARY STUDIES FOR THE DOWNTOWN STREETSCAPE IMPROVEMENT IMPLEMENTATION 8:26 p.m. 8.1 (600~$0) Senior Planner Janet Harbin presented the Staff Report. The City's consultant for this project, Dave Evans, subcontracted with the horticultural firm HortScience to prepare the arborist study, and with the engineering firm ARUP to prepare the bridge feasibility study. Mr. Evans presented the studies and related findings. With regard to the Arborist Study findings, a Tree Evaluation study for Village Parkway (VP) was prepared in May to evaluate the existing trees on VI' and their potential to be incorporated in the sidewalk widening project and streetscape through preservation, or if preservation was not possible, relocation elsewhere within the new pavement area. The Arborist's Study found that of the 40 Bradford Pear trees located along Vt', $9 are in moderate to good condition. The study also determined that although the installation of CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 549 new pavement will require significant root pruning, the trees should tolerate the treatment and survive. With regard to the Pedestrian Bridge Feasibility Study findings, a preliminary report for a potential pedestrian bridge over Dublin Boulevard at Golden Gate Drive was submitted in September by the engineering consultant. The purpose of the bridge would be to provide a safe pedestrian link between the existing shopping area north of Dublin Boulevard to the future West Dublin BART station and potential development to the south of the roadway. The engineering report determined that the bridge would be 10 feet wide and span approximately 150 feet across Dublin Boulevard. Designs considered would be in conformance with the Americans with Disabilities Act requirements for handicap accessibility. Staff recommended that the Pedestrian Bridge Feasibility Study be accepted, but no further study of the project be conducted at this time, as the project would be an expensive endeavor for the City to undertake and may adversely affect businesses in the downtown area. Additionally, it was felt that the volume of pedestrian traffic crossing Dublin Boulevard at the present time does not justify the anticipated cost of the bridge. If the volume does increase substantially in the future, the City Council may want to reconsider the issue. Mr. Ambrose discussed right-of-way acquisition issues on Vt' and curb widths. If the City Council wants to go with 10', Staff would need to know this in order to put together the appropriate CIP. Mr. Evans stated 8' would work. Mayor Lockhart stated she did not feel we need to get into purchasing more right-of- way, so we should stick with 8'. John Eddy, who prepared the bridge study, addressed the Council and discussed the bridge study. The estimated design, management and construction costs for the pedestrian bridge are $3.7 million for a basic design, and $4.5 million for an aesthetically driven design; however, this cost estimate does not include the cost of removal of the row of parking at the Toys R Us site or the cost to relocate the parking elsewhere in the shopping center. Other costs that might be incurred, but are difficult to determine, relate to the potential loss of business for business owners at the Dublin Place Shopping Center and for those CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 550 businesses across Dublin Boulevard to the south during construction, and the impacts of Construction on Dublin Boulevard, a main thoroughfare in the City. Staff reported that in conclusion, based on the Arborist's analysis of the condition of the trees located along Vt', and his determination that the trees could successfully withstand root pruning to install additional sidewalk paving, future improvements and widening of the sidewalks may proceed as planned. Staff recommended that the City Council accept the Arborist's report and that direction be given to Staff to include the design and construction of the sidewalk widening project for VP in the CIP. Cm. McCormick stated she was very disappointed in the study and hoped we don't just put it aside forever. Cm. Oravetz concurred and stated right now, it is a solution w~'thout a problem. Once we get the BART station in, it could be reconsidered. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council accepted the Arborist's Tree Evaluation for Village Parkway and directed Staff to include design and construction of sidewalk widening project in the CIP, and accepted the Engineer's Feasibility Study for Pedestrian Bridge and determined to do no further study at this time. REVIEW OF THE BYLAWS FOR THE PARKS & COMMUNITY SERVICES COMMISSION, HERITAGE & CULTURAL ARTS COMMISSION, DUBLIN MUNICIPAL CODE CHAPTER 2.12 - PLANNING COMMISSION AND THE DUBLIN PLANNING COMMISSION RULES OF PROCEDURE 8:48 p.m. 8.2 (920-70/910-70/660-20) Assistant City Manager Joni Pattillo presented the Staff Report. In September, the City Council directed Staff to review the Bylaws and Rules of Procedure for the City's Commissions. The two key areas of focus of these reviews were in the area of term length and attendance requirements. Ms. Pattillo reviewed the City's current Bylaws and Rules of Procedure, as well. as the Dublin Municipal Code. Additionally, information was presented related to practices in several other cities. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 551 Staff requested that the City Council provide direction on the term lengths and attendance associated with the City's Commissions. If any modifications are desired, Staff will bring back the appropriate documents to the November 19, 2002 City Council meeting for action. Mayor Lockhart stated we have had a bit of an issue in the community with not enough members present to hold meetings. Another concern she has is that we do not use our commissions to their fullest advantage. Part of the commission assignment should be to train them to participate further in the City and look at them as applicants for Council seats. She did not feel we are accomplishing this right now. As our community grows, it is important to provide opportunities for new people to participate. This is the responsibility of the City Council to see that this happens. The Council has term limits, and she stated she is not opposed to having term limits on commission seats. It is a graceful in and a graceful out procedure. We also need to address the number of absences. It's important to look at both these issues to keep a healthy number of residents involved. Cm. Zika stated he was luke warm about term limits. What concerns him is how we define regular scheduled meetings. Does this include special meetings? He talked about a time he remembered when the Planning Commission was having 4 meetings a month. He would like to see special meetings included. Mayor Lockhart clarified this is not meant to punish people. Cm. Zika stated he likes the 75% attendance criteria. These are jobs that you have to want to do and want to give back to the community. Cm. Oravetz stated he felt with regard to term limits, whatever limits are put on the City Council should be the same for commissions. When he was on the Planning Commission, he took this responsibility to heart, and thought he missed only one meeting. It is a stepping stone to becoming a Council person. He noted the Planning Commission has cancelled quite a few meetings in the past. This is not a good thing. Cm. McCormick stated she agreed with comments expressed, and added we need an early warning system of some kind as well as the 75% or whatever is agreed upon. The Mayor could be notified whenever someone has missed a meeting. There could then be communication between the Mayor and that commissioner. Cm. Sbranti stated he felt 75% is a good threshold. He asked ff we are putting together something for the commissioners like a handbook so they would know this up front? He stated he agreed with the early communication. Regarding terms, he is generally CITY COUNCIL MINUTES VOLUME Z 1 REGULAR MEETING November 5, 2002 PAGE 552 opposed to term limits, but since the City COuncil has term limits, he would not want to see a situation where a commissioner has a longer term than a Councilmember. He stated he would support 8 years. Richard Guarienti, a H&CA Commissioner, stated he believes there should be term limits. Regarding absences, if you don't know somebody isn't going to show up, this is a bad thing. This is only on the basis of excused absences and having a good reason. He discussed the fact that he sees very few commissioners coming to the Council meetings. He tries to make it at least monthly. This helps to understand better what is going on at the Council level. He suggested that, to take more ownership, maybe once a year the Council could have a review of what the commission does. He would like to see a joint presentation by the head of the commission to the Council. He would like to see this considered. This could be done at Goals & Objectives time. The chair of each commission could make a presentation to the City Council. Mayor Lockhart stated she felt part of this should be designed for opening communication. She would like to see us take a Saturday and conduct a workshop and talk about the roles and ideas and what they would like to see commissioners looking at. This would be a good time for the City Council to talk and communicate with the commissioners. If getting a report from the chair of the commission could accomplish this, or having a workshop, this would be good. She stated she can live with 8 years, but personally she would like to go with 4 years. The 75% is fine, this shouldn't be a major problem. She doesn't care what the reason for the absence is; we need someone there; excused or unexcused doesn't matter. An absence is an absence. We need to send a strong message. This is an opportunity for residents to train and learn about city issues. Cm. Sbranti stated he liked the suggestion about just before or after the G&O meeting, and to annualize this. This way, they feel they are a shared part of the agenda with a shared vision. Cm. McCormick stated regarding the 8 year term limit, the Mayor makes the appointment, so when there is a change, whether they've been there 4 or 8 years, there could actually be 4 year term limits. This should be made clear, that they can serve a maximum of 8 years. Cm. McCormick asked about other boards such as the TV board. Mr. Ambrose stated it depends on the board's organization. We set the rules regarding appointments for these commissions. Other boards set their own bylaws. Mayor Lockhart asked if we could have some input regarding our appointee. CITY COUNCIL MINI. ri'ES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 553 Mr. Ambrose stated we would have to look at this on a case~by~case basis. We can review what latitude we have. Mayor Lockhart stated she felt it would also be helpful if, for each commission, the Council could have some sheet that lists they've been there x years and they've attended or been absent x times. Get their complete history. Cm. McCormick asked Cm. Zika and Cm. Oravetz, when they were on the Planning Commission, if they dropped in occasionally at the City Council meetings. Cm. Oravetz and Cm. Zika each discussed their own experiences. Mayor Lockhart stated her idea was to share the Council's vision and then let them do their job. Cm. Sbranti stated when he served on the Parks Commission, it was with the understanding that they worked in an advisory capacity. They also did certain things on their own. Regular communication will work out well. On motion of Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council direction was to institute term limits with maximum of 8 years, establish a ruling that commissioners must attend 75% of meetings in 12 month period and that they could be notified that the possibility of removal exists after 3 consecutive absences, from regular and special meetings. AWARD OF BID - CIVIC CENTER AND SHANNON CENTER TEI.EPHONE AND VOICE MESSAGING SYSTEM 9:19 p.m. 8.3 (600-30) Information Systems Manager Steve Pappa presented the Staff Report. In March of 2002, nineteen bids were received in response to the City's request for bids for a telephone and voice messaging system for the Civic Center and Shannon Center. After reviewing the bids, it was determined that five proposed systems appeared to meet the City's requirements. Based upon due diligence review, one of the five was determined to be a non-responsive bidder. The four remaining qualified bidders were ranked in order of Staff preference. The top choice by Staff was the Toshiba CTX670 proposed by KTS Services, priced at $107,976.38. Ranked second by Staff was the Avaya Definty BCS offered by AdvanTel. CITY COUNCIL MINUTES VOLUME 21 REGULAR iMEETING November 5, 2002 PAGE 554 Staff's conclusion was that the Toshiba CTX670 proposed by KTS Services, Inc., should be acquired based on its ability to meet the current and future needs of the City, and it is the most cost effective choice for the City's future growth and current needs. Cm. Zika clarified that all telephone transactions will go through the Civic Center. Mr. Pappa stated there will be 5 punic phones at the library and they will go through the Civic Center. Currently Shannon Center has one line that will go through the Civic Center, but there is another line whereby they have a backup emergency line. Joe Carmack, read statement from AdvanTel protesting this. Points of interest were explained. 1. The City of Dublin will be the only city in the San Francisco Bay Area with a key system vs. a PBX. 2. The limitation of 20 IF connect'OhS is severe. Please note that these are installed as F~M Tie Lines not IP Phones. 3. Qualified in house support is easy to find with the DEFINITE. Being DEFINITY certified carries weight on a resume vs. having knowledge on a Toshiba. 4. The Western Region headquarters for A vaya is in Dublin. Baclr up support is within cio~ limits. 5. The Toshiba system may be able to be supported remotely but what about local support? Does support from Oakland include a warehouse full of inventory or is this a residence? If that support person is ill or quits, what happens to support for the City? Or is the support person subcontracted? G. The expected h'fetime of a PBX system is 7 to 10 years, AdvanTeFs quote is actually LESS than KTS if extended over that period of lime. 7. You have allowed KTS Services and the Toshiba system to qualify for the bid because you did not write the RFP with the proper requirements. 3. You should have not only qualified the product but also the company selling and servicing the product. 9. If you had written the RFP to require a certain size of the service company and certain financial requiremen~ you would have eliminated KTS Senu'ces at the beginning. 10. You should have required proof of a minimum of 10 certified technicians on the active payroll of the service company. 11. You should have required proof of a minimum 10 municipal and/or county references. 12. You know the DEFiNITYsystem is far superior than the Toshiba system. 15. Because you did not require the system to meet the hi~hes! technical requirements and require the system to be a true PBX~ you have allowed the Toshiba system to be compared with the DEFiNITY system. 14. As a matter of fact~ we requested from A vaya competitive information comparing the DEFiNITY system against the Toshiba system and they replied they do not CITY COUNCIL MINLrrI~S VOLUME P. 1 REGULAR MEETING November 5, 2002 PAGE 555 have such a comparison because the Toshiba system is a key system. Avaya stated you cannot compare a key system with a PBX system. 16. Just based on the expected 7 to 10 year h'fetime of a PBX system~ you should re-evaluate your recommendation as the A vaya DEtlNITY system costs less to own. Mr. Carmack requested that we reconsider. Cm. McCormick stated he raised some interesting questions. Mr. Pappa stated he could address each of the points. Our RFP was very thorough and very fair. 1. Research indicates that the terms "key system" and "PBX" are synonymous. Cannot confirm or contest what every other City in the SF Bay Area has. We are confident however that the system we acquire will meet our current and future needs. 2. KTS has designed a solution that the City may implement in a future phase that utilizes the Internet connections at three facilities to connect to the proposed Civic Center CTX670. This is Voice Over IP and an IP connection. $. The evaluation committee and myself recognize that AdvanTel is a technically qualified firm committed to customer support. The City has had first hand experience with :3 other firms which support AVAYA products. Those were less than desirable experiences. KTS's references speak volumes about the support of KTS and the reliability of the Toshiba product. 4. The City has experience with the back-up AVAYA support located in Dublin. Those other Dublin AVAYA resources are more costly. AVAYA/UTDI $1% higher, Exp@Nets 59% higher. Twisted Pair attended bidder's conference but did not submit bid. 5. Support is local in Tracy and Oakland. Also Toticom supports Toshiba. 6. Based upon where the City is headed over the next 10 years, the Toshiba solution is still less costly and flexible enough to meet our future growth needs. 10 year projection (conservative): Toshiba $200,194.58; AVAYA $210,444.87 7. The City's RFP was thorough. 8. KTS Services Inc. is a Pacific Bell authorized representative. Besides the Toshiba product line KTS also sells AVAYA and NorTel. 9. Also eliminated would be all Dublin based firms except AVAYA corporate. Instead of 19 proposals the City might have received only 7: Pac Bell (2), AdvanTel (2), Netversant, NEC BNS, AVAYA. Stringent requirements may have eliminated AdvanTel, leaving only 5 proposals to choose from ranging in price from $125,000 to $141,000. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 556 10. The City hopes it will never need 10 technicians to respond at the same time. Through due diligence the City has determined that KTS Services has available resources adequate to install and support the City's proposed Toshiba system. 11. The City asked for 3 references. KTS provided 3 that were all government entities. AdvanTel provided 1 government reference that does not use the AVAYA product. The City asked both firms for more references out of fairness to AdvanTel since none of AdvanTel's original 4 references responded or matched the City's proposed AVAYA configuration. Checking 3 additional AdvanTel references yielded the following resuRs for the 7 references contacted: 4 responded; 1 was the same configuration. 12) I don't know this. In my opinion they are equal. I must defer to Staff's recommendation. I had one vote. I voted for Toshiba but would support any decision by Staff. 13) The City asked for phone sytem proposals and entertained all possible configurations including PBX, Centrex, and Voice Over IP. By picking a PBX the VoII' vendors are saying the City was not making a fair comparison also. 14) Take that up with AVAYA's marketing department. 15) Again, 10 year projection (conservative): Toshiba $200,194.58; AVAYA $210,444.87. The more we grow the more we save with the Toshiba solution over the AVAYA solution. Cm. Oravetz stated tech support is a big thing and he asked if they are in LA? Mr. Pappa advised that tech services is out of the Oakland airport area. We build in and define the tech support criteria. Mayor Lockhart stated she was disappointed that we can't use a Dublin company, but a number of Staff people evaluated this and the most important thing is to meet the needs of the City. Cm. Sbranti stated he felt we received good bids and all questions were addressed. Cm. Zika made a motion, which was seconded by Cm. Oravetz, to adopt the Resolution awarding the bid to KTS Services. Ms. Silver suggested adding 3 more whereas paragraphs to the resolution: "WHEREAS, a protest was received on November 5, 2002 from AdvanTel, as described in written correspondence dated November 5, 2002 to the City Manager and City Council; and CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 557 WHEREAS, Staff addressed each aspect of AdvanTel's protest to the Council's satisfaction; and WHEREAS, the Council overrules the bid protest of AdvanTel; and" Both Cm. Zika and Cm. Oravetz agreed to amend the motion and second to accept the modifications. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted as amended RESOLUTION NO. 206- 02 ACCEPTING THE BID OF KTS SERVICES, INC. FOR REPLACEMENT OF THE CIVIC CENTER AND SHANNON CENTER TELEPHONE AND VOICE MESSAGING SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT OTHER BUSINESS 9:46 p.m. Cm. Oravetz reported that he and Mayor Lockhart are both on the LAVTA Board. Ridership is down and BART's ridership is also down. Vic Sood is asking for suggestions on how to make up revenue. He doesn't feel it will affect the cities right away, but it could in the future. Cm. Sbranti stated he attended with Mayor Lockhart and Cm. McCormick, a meeting at Parks RFrA and got an update on their plans and projects. Public safety is working with them. Environmental cleanups were discussed on their land. He will attend a Library Commission meeting tomorrow night. Cm. McCormick advised that she and Mayor Lockhart attended the ABAG Fall General Assembly meeting and she also was at a Parks 1LVrA Women Veterans luncheon. There was a room full of women Veterans. She was honored to bring her neighbor, Irene Phillips, who is a Veteran of the U.S. Army. She and Mayor Lockhart were invited to attend a meeting of the Castro Valley incorporation group and talk about how incorporation impacted Dublin. The question of incorporation for Castro Valley is on the ballot today. CITY COUNCIL MINUTES VOLUME Z 1 REGULAR MEETING November 5, 2002 PAGE 558 Mayor Lockhart reported that she attended the first meeting today of the Altamont Open Space Advisory Committee to decide what will happen to the $1.25 collected. This has to do with settlement of the Altamont Landfill expansion, which was challenged in court. We were not involved with the challenge. One of results was a fee of $1.25, which eventually will be collected from all cities using the Altamont Landfill. There is about $1.5 million now, and 80% will go to Livermore and the east end of the valley for open space and education and the performing arts center. There is a pool of money that will be growing in the next year and one of the suggestions is for the committee to come up with a master plan for how this money will be spent. While we do not have a voting voice, we have a side agreement with Alameda County on how the money will be spent. She distributed information to the Council on today's meeting. 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:56 p.m. Mayor ATI'EST: City Clerk CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING November 5, 2002 PAGE 559