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HomeMy WebLinkAbout4.01 Approve 06-27-1988 and 07-11-1988 Minutes REGULAR MEETING - JUNE 27 , 1988 A regular meeting of the City Council of the City of Dublin was held on Monday, June 27 , 1988, in the meeting room of the Dublin Library. The meeting was called to order at 7 : 33 p.m. by Mayor Linda Jeffery. ROLL CALL PRESENT: Councilmembers Hegarty, Moffatt , Vonheeder and Mayor Jeffery. ,ABSENT: Councilmember Snyder. PLEDGE OF ALLEGIANCE The Mayor led the Council , Staff and those present in the pledge of alle- giance to the flag. CONSENT CALENDAR On motion of Cm. Moffatt , seconded by Cm. Vonheeder, and by unanimous vote , the Council took the following actions : Approved Minutes of Regular Meeting of June 13, 1988; Adopted RESOLUTION NO. 91-88 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 and RESOLUTION NO. 92-88 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 Appropriated 1987-88 unappropriated revenues to each fund' s reserve for authorized projects ; Approved Letter of Agreement for Landscape Architectural Services - Dublin School Facilities Improvement Costs - and authorized the Mayor to execute the Agreement ; Adopted RESOLUTION NO. 93-88 ACCEPTANCE OF PARCEL MAP 5353 (Villages IV and V of the Villages at Willow Creek) CM-7-204 Regular Meeting June 27 , 1988 � � � o+ and authorized the Mayor to execute the Agreement ; Accepted improvements constructed under Contract 87-10 Senior Center 'Renovation, authorized the final payment and retention to Johnson Construc- tion in the amount of $15,970.02 , and authorized a budget transfer from unallocated reserves in the amount of $1 ,156.81 to complete the project ; Approved Warrant Register in the amount of $1 ,240,177 . 70. WRITTEN COMMUNICATION FROM DUBLIN CHAMBER OF COMMERCE REGARDING "DUBLIN DAY" AT THE ALAMEDA COUNTY FAIR City Manager Richard Ambrose stated that the City had received a letter from the Dublin Chamber of Commerce requesting that the City participate in "Dublin Day" at the Alameda County Fair on June 29, 1988. This participa- tion would include sharing of costs for a trophy and flowers presented to the winner of the Dublin Race at the Fair. The total cost is $70.00; the Chamber requested that the City share one-half of this cost or $35.00. On motion of Cm. Hegarty, seconded by Cm. Moffatt , and by unanimous vote, the City Council approved said participation in "Dublin Day." WRITTEN COMMUNICATION FROM RAY RIORDAN REGARDING JULY 4, 1988, CLOSURE OF BURTON STREET Assistant to the City Manager Paul Rankin stated that the City had received a request from Mr. Riordan that the City allow residents of Burton Street to close the street on July 4th for purposes of holding a block party. Requests of this nature have been received each year for the past several years , and the City Council had approved the requests providing certain conditions were met . Staff prepared a list of conditions (reviewed by Police Services and the Fire Department ) . Mr. Riordan requested modifica- tion of two of the conditions : ( 1) the residents wished the City to accept a certificate of insurance in the amount of $500,000 in lieu of the $1 ,000 ,000 requirement , and ( 2 ) the residents requested authorization to use safety barricades without flashing safety lights . Mr. Rankin provided background on the City' s insurance history. The City currently is a member of the ABAG PLAN Corporation, which was formed by public agencies unable to obtain commercial insurance. Included in the coverage agreement is a stipulation that the City will not extend coverage to special events not solely sponsored by the City. Therefore , the City requires that any groups or individuals holding such activites be able to provide proof of insurance. ABAG has provided several training seminars to assure that Staff members are familiar with insurance forms and their content . Based on information received at the seminars , Staff has modified various procedures and recommendations where potential for City liability exists , the intent being to reduce City liability insurance expenditures . CM-7-205 Regular Meeting June 27 , 1988 The City has obtained a Master Policy for the use of Shannon Center which is available to groups holding events at Shannon. The premium varies according to the event and number of persons attending. In 1987 , the City Council approved the street closure providing that the residents were able to provide appropriate insurance verification in the amount of $500 ,000, the same as the requirement for use of Shannon Center. After a number of communications with the residents of Burton Street and review of their insurance certificates by the City Attorney' s office , Staff issued a permit to close the street based on receipt of an insurance certificate naming the City as additional insured and providing policy limits of $500,000. Some of the certificates provided by the property owners for the 1988 block party were not satisfactory; however, the certificate provided by Mr. Riordan for the 1988 closure contains the : proper language. His certificate is again in the amount of $500,000 , and Staff also requested and received additional written confirmation from Mr. Riordan' s insurance agent that the coverage was as stated. Staff contacted the City ' s insurance broker and confirmed that the Burton Street event could be covered under the Shannon Center policy, with coverage up to $1 ,000,000 liability, for an estimated cost of $64. 38. The broker confirmed that the exclusion regarding fireworks would not apply if each individual household provided their own fireworks but would apply if one person purchased and distributed fireworks for the entire group. Regarding the flashing lights on barricades , Mr. Rankin explained that this requirement is based on prudent risk management practices . He stated that the City ' s Maintenance Superintendent recommends use of 10 barricades and that a supplier was located that would rent the barricades for a total of $31 . 95 , including pick-up and delivery. Mr. Rankin stated that since the total cost of recommended requirements was $96 . 33 , based on participation of 12 households per Mr. Riordan' s estimate , the cost per household would be $8.03. Therefore , Staff recommended that the City Council authorize the closure in accordance with the proposed conditions . Mr. Ray Riordan, 7182 Burton Street , stated that the residents had provided unlighted barricades in the past and used flares and construction tape as an additional means of security, and no problems were incurred; however, one of the residents is able to obtain lighted barricades within the financial resources of the participants and will do so. He requested that the City Council consider allowing the $500 ,000 coverage as this policy is available to him at no additional cost . He said that the activities held in the street had been curtailed to reduce risks and would consist only of crossing the street between houses and to display of fireworks . Mr. Riordan further suggested that the City Council and City Staff consider meeting with the residents in order to draw up a list of permanent conditions for this type of street closure to save time and eliminate having to come before the Council in the future . @ CM-7-206 Regular Meeting June 27 , 1988 Cm. Moffatt stated that he considered the $500,000 liability limit acceptable but that as a businessman, he would vouch for the $64. 38 premium for the $1 ,000,000 coverage . Cm. Hegarty said that he did not feel $8.00 per household was asking too much to protect the residents and the City. He said that the City should not take that risk and that the $1 ,000,000 coverage should be required. Cm. Vonheeder stated that she had no problem with the $500,000 coverage and said that any amount would not be enough in a major lawsuit. Mayor Jeffery asked what the cost would be if the City' s policy provided $500 ,000 coverage to add to the $500,000 coverage on Mr. Riordan' s policy. Mr. Rankin stated that the City' s coverage was only offered at $1 ,000,000. Mayor Jeffery said that without the cost of the lighted barricades ( to be provided by one of the residents as stated by Mr. Riordan) , the cost per household would be only about $5 . 50 and that the insurance coverage was not only for the protection of the residents of the block but any others that might elect to enter the street . City Attorney Michael Nave stated that the City had been sued because of incidents that occurred on private property and received a claim in excess of $1 ,000,000. The City is a target for such claims , and its insurance premium increased 64% this year. Therefore, he stated that it was prudent to stick with the $1 ,000 ,000 requirement. In response to a query from Cm. Moffatt , Mr. Nave further stated that if two Councilmembers voted in favor of allowing the permit with $500,000 coverage and two did not , the request would be denied. Cm. Moffatt then stated that he would be in favor of the $1 ,000 ,000 coverage in order to allow the permit to be issued. Cm. Hegarty stated that he wanted to be certain the residents understood that any approvals granted would include all the requirements on the City ' s list , including the lighted barricades . On motion of Cm. Moffatt , seconded by Cm. Hegarty, and by unanimous vote , the City Council authorized issuance of a permit to close Burton Street for the Fourth of July Block Party, in accordance with the proposed conditions . Regarding the suggestion of developing standard conditions , Mayor Jeffery stated that she felt the idea had merit . Mr. Ambrose said that all street closures are required to have City Council approval . Mr. Rankin stated that the Encroachment Ordinance is still under review and that possibly a list of conditions could be included in that ordinance . CH-7-207 Regular Meeting June 27, 1988 Mr. Glenn White, resident of Burton Street , stated that he had a problem with the time involved and understanding what the conditions would be so that the residents could plan ahead. He also expressed a concern regarding the cost per household. Mayor Jeffery said that the City had no control over insurance costs . - Mr.. Rankin.-stated that the current policy renews in December and premiums At�wouid be' known "at that time. He also said that he had contacted one of the residents in May to advise" the -requirements for the-street -closure;--- - - Mr. White asked if he could obtain the cost information earlier. Mr: Rankin -responded -that the --residents could call as early as January or February. Ms . Jeanne Landreth, resident of Burton Street , said that she would like a written guideline , as each year more stipulations were added to the list . Mayor Jeffery stated that the City would work on developing a procedure. Ms.. Landreth asked why the Burton Street residents were required to provide lighted barricades when the City did not . City Engineer Lee Thompson stated that the City did require lighted barricades in the street but not in parking lanes. PUBLIC HEARING-ESTABLISHMENT OF RIGHT-OF-WAY LINES FOR DUBLIN BOULEVARD BETWEEN DONLON WAY AND GOLDEN GATE DRIVE Mayor Jeffery opened the public hearing. City Engineer Lee Thompson presented the Staff Report , which stated that this item was .first presented to the City Council at the meeting of June 13th. No protests were received at that public hearing, and the ordinance was introduced. This action establishes right-of-way lines for the widening of Dublin Boulevard between Donlon Way and Golden Gate Drive . Staff recommended that the City Council waive the reading and adopt the ordinance establishing these right-of-way lines. Cm. Moffatt asked whether any of the traffic signals would need to be moved when the widening is done. Mr. Thompson .stated that signals would probably need to be moved on the southwest and northeast corners . No public comment was received. Mayor Jeffery closed the public hearing. C,11-7-208 -- -Regular--Meeting June 27 , 1988 On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote , the Council waived the reading and adopted ORDINANCE NO. 15-88 ESTABLISHING RIGHT-OF-WAY LINES FOR DUBLIN BOULEVARD BETWEEN DONLON WAY AND GOLDEN GATE DRIVE PUBLIC HEARING-ESTABLISHMENT OF RIGHT-OF-WAY LINES FOR A NEW ROAD PARALLEL TO & SOUTHERLY OF DUBLIN BOULEVARD BETWEEN AMADOR PLAZA ROAD & REGIONAL ST Mayor Jeffery opened the public hearing. Planning Director Laurence Tong stated that on June 13, 1988, the City Council had set a public hearing date of June 27 , 1988, to establish right- of-way lines for a new road parallel to and southerly of Dublin Boulevard between Amador Plaza Road and Regional Street . Staff was unable to complete the analysis and report on the project in the available time frame ; therefore , Staff recommended that the City Council open the public hearing, hear any testimony from the public , leave the public hearing open, and continue the matter to the City Council meeting of July 25 , 1988. Mr. Bud Lake , representing Bedford Properties , presented a letter to the City Council to be considered as testimony for the hearing. The letter included Bedford ' s position regarding the road alignment . Mr. Lake stated that the road alignment does have an impact on the Bedford property and that he appreciated Staff ' s cooperation in discussing the proposed plan line with him. He further explained that Bedford felt the alignment did not have a lot of direct impact on the property at this time but impacted the future use of the property. He also mentioned that the businesses located in the Orchard Supply shopping center use the rear of the building for deliveries and customer pickup. Mr. Pat Costello, representing Crown Chevrolet , stated that his attorney was unable to attend the meeting but that he would also have a letter to submit as testimony. Mayor Jeffery suggested that the letter be submitted to Staff . No further testimony was received, and the public hearing was continued to the meeting of July 25 , 1988 . SELECTION OF CITY AUDITOR Administrative Services/Finance Director Phillip Molina stated that the City had requested Requests for Proposal from eight auditing firms . The Council ' s Audit Committee chose to interview four firms on the basis of bid prices , level of staffing, amount of detail to be presented, skills available , ability to identify areas for cost savings , and potential for additional project activities . The Committee determined that the firm of CM-7-209 Regular Meeting June 27 , 1988 Maze and Associates Accountancy Corporation possessed the highest level of skills , knowledge , and experience that most closely fit the current and future needs of the City. Cm. Moffatt stated that the Audit Committee considered all groups qualified and that they had picked the best of the best . On motion of Cm. Moffatt , seconded by Cm. Vonheeder, and by . unanimous vote , the City Council appointed the firm of Maze and Associates Accountancy Corporation as the City Auditor and authorized a budget transfer in the amount of $1 , 700 from the 1988-89 Contingent Reserve . EAST DUBLIN PLANNING AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALAMEDA COUNTY Planning Director Laurence Tong stated that as the next step in preparing the East Dublin planning studies and EIR, a number of agreements must be entered into. The proposed agreement with Alameda County is the first of these and provides for the County ' s participation in the General Plan Amendment/Specific Plan studies and Environmental Impact Report . City and County Staff met and prepared the Draft Agreement , and Staff from both agencies recommend approval . The agreement is necessary to insure that the goals and interests of both the City and County, as well as the responsi- bilities of both agencies , are carried out. County Staff indicated this agreement would be presented to the Board of Supervisors at their meeting of July 12 , 1988. On motion of Cm. Vonheeder , seconded by Cm. Hegarty, and by unanimous vote , the City Council approved the agreement between the City of Dublin and Alameda County and authorized the Mayor to execute the agreement. CIVIC CENTER CONSTRUCTION MANAGER AGREEMENT AMENDMENT (HARRIS & ASSOCIATES ) Mr. Rankin presented the Staff Report , which stated that Mr. Parmley of Harris & Associates , the firm with which the City has contracted for Construction Management Services for the Civic Center, had requested a modification to the original Agreement to provide for additional manpower for Phase 2 ( Construction Inspection and Management ) of the project . After 4 months of experience working with the project , Harris & Associates feel that an additional 40 hours per month of Construction Manager time is necessary. The hourly rate is proposed to be reduced from $78.00 to $70.00 . Additionally, the hourly rate for Inspection Services has been reduced from $65.00 to $60.00 , and the services of Senior Construction Engineer and Project Manager are proposed to be eliminated. These changes in the Agree- ment are based on changes in the scope of wort-, for the project . The Amended Agreement cost is $85 ,020 greater than that of the current Agreement ; however , due to the savings on Phase 1 of the contract , the net increase is actually somewhat less than that . Mr. Rankin stated that adequate funds are available in the 1988-89 Civic Center Capital Project Budget . CiN-7-210 Regular Meeting June 27 , 1988 Cm. Moffatt stated that the concept of using a construction management firm was to save money in the long run. Mr. Rankin stated that the contract Field Inspector makes certain that the work is in accordance with the plans . The Construction Manager coordinates between the Architect and the Contractor and carries out negotiations so that City Staff can review and act upon work to be performed. The Construction Manager also maintains correspondence and job records. Mr. Ambrose added that the City ' s Building Inspector does inspect the project for Code compliance but that the Harris & Associates Inspector insures quality control as well . On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote , the City Council adopted the Amended Agreement and authorized the Mayor to execute same. PA 88-007 ALBERTSONS SITE DEVELOPMENT REVIEW REQUEST TO REMODEL AN EXISTING STORE, INCLUDING BUILDING ADDITION .AND NEW BUILDING MOUNTED SIGN ( 7333 REGIONAL STREET) Mr. Tong presented the Staff Report , which stated that in 1983, Albertsons submitted an application to the City for Variances to the . Building Code for a building addition and also a Parking Variance request . These applications were approved by the City Council subject to Conditions of Approval ; however , Albertsons never pursued the request and the project was abandoned. On January 15 , 1988 , Albertsons submitted a Site Development Review appli- cation for a building addition which is slightly smaller than that proposed in 1983. Staff has worked with the Applicant toward making sure the current proposal is in compliance with the Conditions of Approval for the 1983 project , including the approved Variances . One of the original Conditions provided that a Site Development Review application be submitted for review and approval by the City Council . 'Mr. Tong stated that Albertsons had responded appropriately and adequately to all previously raised Conditions of Approval from the 1983 City Council Resolutions ( 12-83 and 13-83) , and that Staff recommended approval of the Site Development Review application, subject to the Conditions of Approval . Cm. Hegarty asked whether this approval included access to the library. Mr. Tong explained that the access would be between the Albertsons property and the Target property. Mr. Ambrose stated that a report on the library access situation would be presented at a future meeting. On motion of Cm. Moffatt , seconded by Cm. Vonheeder, and by unanimous vote , the City Council adopted CM-7-211 Regular Meeting June 27 , 1988 RESOLUTION NO. 94-88 APPROVING PA 88-007 , ALBERTSONS SITE DEVELOPMENT REVIEW REQUEST TO REMODEL THE EXISTING ALBERTSONS STORE, INCLUDING A 6,351$ SQUARE FOOT BUILDING ADDITION AND A NEW BUILDING-MOUNTED SIGN AT 7333 REGIONAL STREET OTHER BUSINESS Sidewalk on Silvergate Drive at Arbor Creek Cm. Moffatt asked about a missing square of sidewalk on Silvergate Drive across from the 7-11 store. Mr. Thompson stated that this was part of the Arbor Creek project and that the City had been having problems getting the developer to comply with all necessary repairs but that he would check on the status of getting this sidewalk replaced. Tickets for Dublin Day at the Fair Mr. Ambrose mentioned that the tickets for Dublin Day were available at the City Manager ' s office . Tickets for Alameda County Functions Cm. Hegarty asked about tickets to other Alameda County events , for which the City had contributed $2 ,000 . One of the events was the Coliseum 20th Anniversary, but to his knowledge , no other tickets had been received. Mr. Ambrose stated that this was being handled through the Recreation Department and that he would check on the status . ADJOURNMENT There being no further business to come before the Council , the meeting was adjourned at 8: 35 p.m. Mayor ATTEST: City Clerk CM-7-212 Regular Meeting June 27 , 1988 f REGULAR MEETING - July 11 , 1988 A regular meeting of the City Council of the City of Dublin was held on Monday, July 11 , 1988 , in the meeting room of the Dublin Library. The meeting was called to order at 7 : 30 p.m. , by Mayor Linda Jeffery. ROLL CALL PRESENT: Councilmembers Hegarty , MMoffatt , Snyder, Vonheeder and Mayor Jeffery. J. J. J. PLEDGE OF ALLEGIANCE The Mayor led the Council , Staff and, those present in the pledge of alle- giance to the flag. I-580/1-680 Freeway Problems Harvey Scudder, 7409 Hansen Drive , addressed the Council and requested some type of Council request be made to CalTrans regarding the very dangerous situation that exists on the freeways . He felt that Dublin and Pleasanton should send a very strong request that CalTrans "get with it" . There have been 2 very serious accidents and it certainly would justify the provision of a flashing light turned on at rush hour times so that cars and trucks can prepare to stop. He mentioned that 2 Dublin employees had prevented a tragedy with their quick action a while back, but unfortunately, the accident which occurred on Friday during rush hour traffic had cost lives . Cm. Snyder indicated that he had spoken with the City Attorney earlier in the evening regarding his intention to bring this subject up also. The Council concurred with the need to discuss this topic. Because the dangers are becoming greater and greater with the increase in traffic , Cm. Snyder felt Dublin needs to do something through both the CHP and CalTrans . Mayor Turner in Livermore is also bringing this subject up at his Council meeting this evening. It seems that there is usually a truck involved when there is a serious accident . Mayor Jeffery felt that a warning sign is a good idea . Cm. Moffatt asked that the City ' s Traffic Engineer, Chris Kinzel make some suggestions on how to proceed. ��lr. Kinzel stated he agreed that it is a very serious situation, and it seems these types of hazards are somewhat unique to the Bay Area . Some type of traffic activated sign similar to what is being used in other construction zones might be appropriate. Improverients to alleviate the problem are still several months down the road. C,M-7-214 Regular Meeting July 11, 1988 Mayor Jeffery requested that Staff prepare a draft letter for the City to send to CalTrans . Zev Kahn, Harlan Road, suggested that because typically governmental agencies cannot react in a quick fashion, the City should demand that the California Highway Patrol be present during rush hours so that their presence could act to slow traffic down. Cm. Hegarty felt that another dangerous situation exists at the Dublin Boulevard/San Ramon Road intersection. Motorists coming off the freeway and immediately having to cross 4 lanes of traffic in order to make a left turn is frightening. He suggested that Staff agendize this for future Council discussion. Fireworks Leonard DeStefano , 6825 Amador Valley Boulevard advised that on June 28th the Fire Department answered a call at his residence due to a fire that was caused by the controversial "safe & sane fireworks". He presented a sample for the Council to see. He stated that it was his understanding that the City Council has the authority to ban the use and sale of these fireworks in Dublin, but instead, they chose to put it to a vote of the "non-experts" , the public . He suggested that the real experts have , in fact , advised against the sale and use of "safe & sane fireworks". He expressed a concern for individual lives in the event of a fire . He felt that the Council put this controversial issue to a vote in order to avoid unpopularity when election time comes around. He further believed that the City Council could be held criminally responsible if someone dies in a fire due to "safe & sane fireworks" , because of their actions when they knowingly had experts advising against sales and use of fireworks. He stated he hoped this could be resolved very soon. He felt that all of Dublin' s neighboring cities have banned them, and there is no reason we should continue to threaten the properties and lives of people in Dublin. Mayor Jeffery reported that she had spoken to the Fire Chief earlier and they will be presenting statistics from the current year at a future date . Betlen Drive Traffic Concerns Jim Ratcliff , 11404 2etlen Drive , addressed the Council related to traffic concerns coming down Betlen Drive onto Silvergate Drive . Hacienda Heights construction related traffic is very dangerous. Heavy equipment is being used on this rather steep grade , plus there is a lot of employee traffic from the trades . At the end of the day when everyone comes down the hill to get to the tavern, they drive very fast . He suggested that the Council go out to this location and observe all the skid marks at the intersection of Betlen Drive and Silvergate Drive. He suggested that the City have police officers present in this vicinity in marked cars in the morning and afternoon hours . Mayor Jeffery questioned if any traffic statistics had been gathered for this particular area. CM-7-215 Regular Meeting July 11 , 1988 Mr. Kinzel indicated that the stats done most recently related only to Silvergate Drive and it sounded as if most of the activity to which Mr. Ratcliff referenced relates to construction traffic . City Engineer Lee Thompson reported that the Police Department can use radar enforcement in this area as it is a 25 mph residential area. Mayor Jeffery suggested that Mr. Thompson talk to the construction people and discuss it also with the Police Department . Cm. Snyder indicated that the City had wrote to a developer back when Bordeaux Estates was being developed related to similar problems and indicated that he would rather see the situation handled in this manner. CONSENT CALENDAR On motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote , the Council took the following actions : Approved Minutes of Adjourned Regular Meeting of June 21, 1988; Adopted RESOLUTION NO. 95 - 88 AWARDING CONTRACT 88-6 TRAFFIC SIGNALIZATION OF VILLAGE PARKWAY @ LEWIS AVENUE AND AMADOR VALLEY BOULEVARD @ AMADOR PLAZA ROAD; LANDSCAPING AND IRRIGATION OF AMADOR VALLEY BOULEVARD; AND TRAFFIC SIGNAL MODIFICATION OF DUBLIN BOULEVARD AT VILLAGE PARKWAY TO STEINY & COMPANY ($282,190.83) and authorized the Mayor to execute agreement ; Approved the Financial Report for Period Ending April 30, 1988; Reviewed the East Dublin Studies Consultant Services Agreement with Wallace Roberts & Todd and authorized the City Manager to sign the agreement once all of the $500 ,240 to complete the studies and EIR has been committed by sponsoring property owners ; Accepted the City Treasurer ' s Investment Report for Period Ending June 30 , 1988; Reviewed and accepted the City ' s Single Audit Report for Fiscal Year 1986-87 prepared by Perry Carter, CPA; Adopted RESOLUTION NO. 96 - 88 DESIGNATING LEE S. THOMPSON AS PUBLIC WORKS DIRECTOR/CITY ENGINEER @*@*@*@*@*@*@*@*C@*@*@*@*@*@*@*@-@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@* CM-7-216 Regular Meeting July 11 , 1988 Adopted RESOLUTION NO. 97 - 88 RECITING THE FACT OF THE CONSOLIDATED PRIMARY ELECTION HELD ON JUNE 7 , 1988, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW Approved a Letter of Agreement with August E. Waegemann, Consulting Civil Engineer, for services at the Valley Community Swim Center ( $500) ; Received a report related to property insurance on City facilities and confirmed administrative action to bind insurance through ABAG (Arkwright) ; Approved Warrant Register in the amount of $541 ,303 .20. FEDERAL CORRECTIONAL INSTITUTION - COMMUNITY ADVISORY BOARD Cm. Moffatt advised that due to a conflict of interest he would not participate in the discussion related to this topic. Mayor Jeffery advised that in May of this year, the Warden of the Federal Correctional Institution discussed the concept of the Community Advisory Board with the Mayors in the Tri-Valley Area. The purpose of the Board would be to provide informational items regarding the activities at the Federal Correctional Institution to members of the. community. Warden Roberts has requested that the City appoint a representative to this Board. Mayor Jeffery suggested that the Council consider appointing 3 representa- tives to this Board: 1 from the Council ; 1 from the churches ; and 1 from the Chamber of Commerce. Cm. Snyder felt these appointments should be made soon, as the first meeting is scheduled for August 18th. Mayor Jeffery indicated she would be willing to serve , but would need an alternate in the event of a conflict . Cm. Snyder indicated that he would be willing to serve as an alternate . PUBLIC HEARING - NO PARKING ZONES RELATED TO TRAFFIC SIGNAL INSTALLATION VILLAGE PARKWAY & LEWIS AVENUE; DESIGNATION OF VILLAGE PARKWAY @ LEWIS AVENUE AND ANADOR VALLEY BLVD @ AINADOR PLAZA ROAD AS SIGNALIZED INTERSECTIONS Mayor Jeffery opened the public hearing. City Engineer Thompson advised that in order to promote safe and orderly movement of traffic , it is necessary to establish certain no parking areas in conjunction with the installation of the traffic signal At Village Parkway & Lewis Avenue. With the exception of 35 ' of new red curb on the north side of Lewis Avenue , these curbs are already painted red for various safety reasons , but no resolutions or ordinances were ever adopted for most of them. CN-7-'217 Regular Meeting July 11, 1988 The new signalized intersections must also be designated by resolution. No parking zones already exist on both Amador Valley Boulevard and Amador Plaza Road at the appropriate locations . No public comments were made related to this issue . Mayor Jeffery closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote , the Council adopted RESOLUTION NO. 98 - 88 DESIGNATING VILLAGE PARKWAY @ LEWIS AVENUE AND AMADOR VALLEY BOULEVARD @ AMADOR PLAZA ROAD AS SIGNALIZED INTERSECTIONS and RESOLUTION NO. 99 - 88 DESIGNATING NO PARKING ZONES ON VILLAGE PARKWAY AND ON LEWIS AVENUE PUBLIC HEARING - REQUEST TO SUBSTITUTE MILLWORK SUBCONTRACTOR PURSUANT TO PUBLIC CONTRACT CODE - CIVIC CENTER PROJECT Mayor Jeffery opened the public hearing. Mr. Rankin explained that Dickman-Nourse, Inc . , has submitted a request to substitute Nor-Cal Millwork, Inc . DNI provided an agreement for Nor-Cal to sign and the agreement was returned unsigned to be cancelled. Mr. Rankin explained the procedures set forth in Section 4107 (a) of the Public Contract Code with regard to substituting a subcontractor. Nor-Cal filed written objections within the legal time limit specified in the Code . It appears that Nor-Cal ' s primary concern is with 2 clauses within the agreement presented by DNI . The sections apply to the timing of payments to the subcontractor and payment for extra work. DNI has indicated that the contract language is the same agreement they have used for the past 15 years and this standard agreement has been signed by all other subcontractors on the Dublin Civic Center project . The City Attorney ' s Office has reviewed this request and advised that as long as the agreement is legal under the laws of the State , it could be entered into. The public contract code does not specify the terms and conditions of the agreement with the subcontractor, only that the scope of work remain the same as what the bid was based on. Mr. . Rankin indicated that present in the audience were Hal Nourse , Jr. , and Hank Nourse III , as well as Brent Dixon, the Project Manager. Mr. Ron Gustafson from Nor-Cal Millwork Inc. , was also present. CM-7-218 Regular Meeting July 11 , 1988 Ron Gustafson, President of Nor-Cal indicated that he did not disagree with anything in the Staff Report . One item they were objecting to, however, was the procedures that they will go through if there is a dispute on extra work. The contract that was offered to them simply says that if there is a dispute on extra work, the owner will be the one to resolve. The contract doesn ' t reflect back to the General Conditions which he felt provided additional protection. Their legal counsel has advised that this is not satisfactory. He felt they were between a rock and a hard spot. They have never refused a contract before in their 3 generations of business . Mr. Gustafson read from a prepared statement and summarized that the real problem lies in that they must deliver materials F.O. B. , and then they give up control. The materials are not something that they physically install and attach to the building. If the materials were to be stolen or misplaced, the owner would not be expected to pay for them. If the City of Dublin does not pay DNI , then DNI has no obligation to pay them. Mayor Jeffery closed the public hearing. Cm. Hegarty indicated that he was unclear about when one lawyer says one thing and another says another thing. City Attorney Nave indicated that Steve Meyers from his office has handled this issue on behalf of the City. His office has only dealt with the procedure to correctly follow. This is one of the laws on the books that merely spells out a procedure . Mr. Nave indicated that he wondered why United Pacific Insurance Company seemed to single out Nor-Cal if they have bonded other subcontractors on the project . On motion of Cm. Hegarty, seconded by Cm. Snyder, and by unanimous vote , the Council agreed to reopen the public hearing to take further testimony from Mr. Gustafson and Messrs . Nourse . Mr. Gustafson stated it is not their desire to walk away from this contract . He had already made the decision that if he could get the bonding portion taken care of , he would be willing to gamble and go forward with the job, if he knew the funds were set aside. The Surety Company is his problem. Each regional office apparently has their own underwriting criteria and given that the surety rep-resentative in Sacramento has taken this stance , this presents the problem. Mr . Nourse stated that with regard to the 10-15 days payment , this subject never came up in their negotiations . This would not be a problem. They could not agree , however, on the 2 other clauses in question. On June 7th , Nor-Cal requested that the contract be cancelled. They wanted out and DNI let them out . They have worked together in the past and felt it unfortunate that they can ' t seem to come to terms . iiMr. Nave stated that DNI ' s intent or determination that the contract has been cancelled, is actually subject to the condition that this body, by this proceeding, gives them permission to substitute subcontractors . Otherwise , they still have i�lr . Gustafson' s firm as a listed subcontractor. Mr. Nave suggested that perhaps a practical resolution might be to continue the matter for 2 weeks to see if the problem with the bonding company can be resolved internally. Cii9-7-219 Regular Meeting July 11, 1988 Mr. Gustafson stated perhaps representatives of United Pacific could work something out with DNI. Nor-Cal did not consider the contract cancelled at this point. They have already begun shop drawings . Mr. Nave indicated that he does not claim as City Attorney, to have any expertise in the stop notice and mechanic ' s lean procedure , except to indicate that they do have protection in a public contract situation, with stop notice provisions . He suggested to the Council that it might want to consider a conditional type action at this time as contracts have to be met . The Council could take an action conditioned upon Mr. Gustafson' s firm not being able to obtain a bond by 5-7 working days , in order that the action could be final rather than having to wait until the next Council meeting to take action. Mayor Jeffery questioned if the Council went ahead and adopted the Resolution, would Nor-Cal have the opportunity to then go out and submit a proposal and be selected again. Mr. Nave indicated he was not aware of any provision that would prevent them from this . He suspected, however, that DNI may have already solicited and have other subcontractors looking at this , although Nor-Cal obviously has the benefit of some shop drawings and they know what the whole contract is about , and figures , etc. Cm. Moffatt had questions related to the contract Nor-Cal returned to DNI . Cm. Vonheeder questioned DNI with regard to what their legal counsel ' s objections were to following the wording in the General Conditions . Mr. Nourse indicated that deliberations are ongoing as in any contract . They could potentially be put in a position of having to pay Nor-Cal for something for which the City did not authorize payment. This would be in regard to extra work, or change orders . Mayor Jeffery again closed the public hearing. A short recess was called in order to give the City Attorney an opportunity to revise the Resolution, whereby Nor-Cal would be given 5 working days to obtain the required payment and performance bonds and execute the subcontract . If they are unable to accomplish this within the allowed time period, DNI is authorized to substitute the millwork subcontractor. On motion of Cm. Snyder, seconded by Cm. Hegarty, and by unanimous vote , the Council adopted RESOLUTION NO. 100 - 88 AUTHORIZING SUBSTITUTION OF MILLWORK SUBCONTRACTOR CIVIC CENTER PROJECT (This action would give Nor-Cal until July 18 , 1988 , 5 :00 p.m. , to secure the necessary documents to proceed as the listed subcontractor. ) Cif-7-220 Regular Meeting July 11 , 1988 ENGINEERING SERVICES CONTRACT REVIEW - SANTINA & THOMPSON , INC. , & TJKM Mr. Rankin advised that the firm of Santina & Thompson has provided the City with a variety of professional Engineering Services since February, 1983. These services have included City Engineer, Development Review, Capital Project Design and Inspection, and other related duties . Traffic Engineering Services are provided by the firm of TJKM. Originally, TJKM functioned as a subcontractor under the Santina & Thompson agreement ; however, in 1985, the City entered into a separate agreement with each firm. Staff provided a comprehensive review of the services performed by Santina & Thompson, including a self-evaluation. Mr. Rankin advised that the evaluation of the engineering contract services for Fiscal Year 1987-88 should be done in the context of a contract that is in transition due to the reorganization. - The review included meeting attendance, review and comment on traffic impact of developments ; funding methods ; minor traffic studies , private development review, costs , and capital improvement projects . Mr. Pete Santina has advised that it is their intent to maintain the same rate schedule as is currently in place. Mr. Rankin advised that the major purpose for developing a revised agreement is to address changes in the scope of work. Since the City will be directly providing the statuatory responsibilities of City Engineer, the scope has changed substantially. Staff recommended that the major portion of the current agreement remain intact , including the stipulation that "Consultant shall provide no services for any client other than the City within the corporate boundaries or sphere of influence of the City during the term of the agreement" . Staff also recommended restructuring the budgeted engineering costs associated with Capital Improvement Projects. Staff recommended establishing an exhibit which identifies the maximum amount billable on each capital project . Additional costs would only be paid upon amendment of the exhibit . Pete Santina stated that he wished his partner well . He and Lee have provided contract services for Dublin for 5 years now and their association goes back 20 years . Mr. Santina stated he hoped to perform contract services for the City for another 5 years . On motion of Cm. Vonheeder , seconded by Cm. Moffatt , and by unanimous vote , the Council approved a revised agreement with Santina & Thompson, Inc . , and authorized the Mayor to execute same . TJKM Mr. Rankin advised that Chris Kinzel had also prepared a self-evaluation related to the Traffic Engineering Services provided by TJKM. Improvements have been made in the coordination and completion of work; in part , through the consistent assignment of personnel involved with the Dublin contract . In addition, Traffic Safety Committee meetings have assisted in addressing problems related to traffic. Mr. Kinzel has recommended that additional consideration be given to some of the ongoing traffic maintenance C,I-7-22"1 Regular Meeting July 11, 1988 activities . He also discussed the need for more attention to be paid to traffic control performed by contractors within the public street . TJKH indicated a willingness to discuss proper techniques with the City Public Works Inspector, once this position is filled. A set of basic standards should then be enforced by the Inspector concerning the proper signing, barricade placement , etc . , for all work conducted in the public right-of-way. Mr. Kinzel also felt that the review of both private development plans and capital projects may assist in improving the final product . He felt that the time required would be relatively minimal. Staff recommended that the Public Works Director/City Engineer consider this broader distribution of plans . Mr. Kinzel has requested a rate increase of approximately 2 . 6%. The listed rate on their submitted schedule would aply to all capital improvement projects , or projects funded by private development . For General Traffic Engineering and other studies , the City would pay approximately 80% of the listed rate . Mr . Kinzel noted in the self-evaluation that his firm will not be involved with the BART extension EIR. This will assure that they will be capable of representing the City ' s interests in reviewing and commenting on the adequacy of the EIR. Mr. Kinzel advised the Council that he was pleased to have had the opportunity to serve the City for the last 5 years and very much appreciates the responsiveness that City Staff displays to their suggestions . On motion of Cm. Snyder , seconded by Cm. Vonheeder, and by unanimous vote , the Council approved an amendment to the agreement with TJKM and authorized the Mayor to execute same. GENERAL MUNICIPAL ELECTION - NOVEMBER 8 , 1988 Mr. Rankin advised that the next Municipal Election will occur on Tuesday, November 8 , 1988. There will be two City Council positions up for election. The first day for taking out and filing nomination papers will be Monday , July 18th and the last day to file will be Friday, August 12th. If an incumbent , however , does not file , the nomination period will be extended five calendar days . The City Council may determine whether the statement of qualifications for placement in the sample ballot should be a maximum of 200 or 400 words . The Council may also determine whether the City or each candidate should pay for the costs associated with printing, translating and handling the Candidate ' s Statement . The estimate for the cost to a candidate for publishing a statement of qualifications is approximately $50 for a 200 word statement . Mayor Jeffery questioned if the Council had any problems with the way this had been handled in past elections . The Council indicated satisfaction with establishing a 200 word maximum and having the candidates pay for the statements . @*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@--C @*@*@*@*@*@*@* CAM-7-'222 Regular Meeting July 11 , 1988 On motion of Cm. Vonheeder, seconded by Cm. Moffatt , and by unanimous vote , the Council adopted RESOLUTION NO. 101 - 88 CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON NOVEMBER 8, 1988; AND REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE CITY OF DUBLIN GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL ACTIONS THEREFOR and RESOLUTION NO. 102 - 88 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENT AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO -BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1988 CROSS ACCESS EASEMENT - LIBRARY/TARGET STORE Planning Director Tong advised that on July 20, 1987 , the Planning Commission approved the CUP and SDR for the expansion of the outdoor plant nursery use at the Target Store , 7200 Amador Plaza Road. One of the conditions of the Resolution of Approval for the CUP requires establishment of a cross access easement between the library property and the Target Store property. Another condition requires a cross access easement between the Target Store property and the adjacent Rainbow Investment property and Albertson' s property. The cross access easements are essential to improve circulation in the downtown area , and are essential to the function of the Dublin Place Shopping Center, the Dublin Plaza Shopping Center and the Dublin Library as one unified center. All of the affected property owners have tentatively approved the easements , with the exception of TDC (Transpacific Development Corporation, property owners of the Target site ) , who appealed the Planning Commission approval . The initial position of TDC was that they were willing to establish the cross access easement to the Library and Target was willing to make the improvements on the TDC property, provided that the Library was willing to establish the easement on the Library property. The Library has determined an acceptable location for the easement on the east property line . TDC has , meanwhile , changed their position and are no longer willing to grant easement between either the library site or the Rainbow Investment/Albert- son' s site because of a dispute with their tenant , Target Stores . Staff is working with TDC and Target toward resolving the dispute and establishment of the easements . If the easement is not established, none of the improvement work will take place . The Alameda County Librarian has indicated the Library will agree to the access easement on the Library ' s eastern property line subject to the removal of the "No Turn on Red" sign at Amador Valley Boulevard and Donohue Drive , and placement of speed bumps within the Library parking lot to slow traffic . @*@*@*@*C@*@*@*@*@*@*@*@*@*@*@*@*@*C@*C@*@*@*C@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ C�1-7-223 Regular Meeting July 11 , 1988 If the Council should choose to have the "No Turn on Red" signs removed , Staff will prepare an ordinance for City Council consideration. If the Council chooses to keep the signs as is , no further action is needed. The placement of speed bumps within the Library parking lot will act to slow traffic within the parking lot as well as discourage through traffic . The cost and construction of the cross access easement improvements are to be shared by Target Stores and the City. The estimated cost for design and construction of the cross access easement on the Library site is between $5 ,000 and $6 ,000 ( including removal and repair of fencing, landscaping, and irrigation, access drive , curbs , speed bumps and signing) . No improvements will be made until after the easement is established. Cm. Moffatt indicated that the sign was originally put in to facilitate people who were grocery shopping at GEMCO. Cm. Hegarty stated that the signs were originally put in for safety. People indicated to him that they wanted a sign which would allow them to cross the street more safely. He requested that the signs remain, be made larger, but be applicable between the hours of 10 : 00 a.m. to 4:00 p.m. , only. Cm. Vonheeder felt that speed bumps in the Library will accomplish what they are intended to do. People will not use this as a shortcut because of the speed bumps . She hated to remove the signs as they may have had some positive affect . Cm. Moffatt felt that only about 3 out of 7 people obey the signs . Having a restricted time sign is not appropriate , as he felt there is not that much traffic on this corner, and removal would not invonvenience that many pedestrians . It tends to create a false sense of security. Cm. Snyder felt that more like 9 out of 10 motorists don' t comply with the signs . Mayor Jeffery felt that the longer timed signal solved pedestrians requests . With regard to the "No Turn on Red" signs on Amador Valley Boulevard, on motion of Cm. Vonheeder, seconded by Cm. Moffatt , and by majority vote , the Council directed Staff to prepare a public hearing for consideration of eliminating this regulation. Cm. He-arty and Cm. Vonheeder voted against this motion. Staff was therefore directed to prepare an ordinance to be presented to the Council at a future date . On motion of Cm. Vonheeder, seconded by Cm. i'�toffatt , and by unanimous vote , the Council authorized $6 ,000 budget transfer from the contingent reserve account and authorized expenditure for improvements and directed Staff to proceed subject to prior establishment of the easement . Rayme Meyer, Dublin Library Branch Manager, thanked the Council for their consideration, and indicated to the Council that they would litre to re- evaluate the situation in the future to see how it is working. C,D*C@*@*@*C @*@*C @*Cam@*C@*@*@*@*@*Ca*�@*L @*@*@a @*Ca*@*L�-@*L@ @*@ @*@*C @*Ca*@*C@*@*L @*C@*@*(@* CM-7-224 Regular Meeting July 11 , 1988 LAVTA (WHEELS) BUS SHELTER PROGRAM Staff advised that LAVTA has proposed a bus shelter program with alternative designs and tentative locations . A working paper prepared by JHK & Associates contained recommendations to: 1) use either the full ( 5 ' x 8 ' ) or partial (2 1/2 ' x 8 ' ) shelter design; '2 ) use aluminum frames , tempered glass panels , fiberglass roofs , and polished wooden benches to allow for easier relocation, resistence to vandalism, visibility for security and positive appearance ; 3) display "Wheels" signs , schedules and routes ; 4) provide trash cans at each location. The working paper also recommended the proportion of shelters allocated by types of locations . The Wheels Staff has tentatively identified 19 shelter locations . Wheels Staff would coordinate and work with City Staff on specific locations so that both Dublin and Wheels can agree that the locations are appropriate prior to installation. The tentative locations were : Shannon Community Center; Dublin Library; Amador Valley Boulevard/Penn Drive (Wells School) ; Dublin Boulevard/Golden Gate Drive ; Dublin Civic Center/Sports Grounds ; Dublin Boulevard/Dublin Court ; Valley Community Swim Center; Dublin High School ; Dublin Senior Citizen Center; and Village Parkway/Tamarack Drive. Cm. Moffatt felt that the polished wooden benches will get whittled down and questioned whether other materials like cement might be better. Staff advised that wood would be more aesthetically pleasing and warmer. Also, it is actually easier to repair. Several alternatives were examined and considered initially. Cm. Snyder questioned the lack of stops on Stagecoach Road. City Engineer Thompson advised that the Stagecoach Road shoulder is only 5 ' wide and is only a 2 lane road. There are no bus, turnouts in the multi- family development . Planning Director Tong advised that the structures would be easily relocatable. Mayor Jeffery questioned if the tempered glass would be like that used in Hacienda . You can no longer see through it as it looks very weathered and scratched. On motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote , the Council approved the Wheels Bus Shelter Program subject to conditions : 1 ) use the full shelter design wherever possible to maximize protection from wind, summer sun and winter rain; 2 ) use opaque fiberglass roofs to shade from summer sun; 3 ) review shelter locations near Wells School for neighbor- hood acceptance in the front yard, lack of right-of-way, sight distance and similar concerns ; 4) try to secure easements to place full shelters behind sidewalks ( if easements cannot be secured, use partial shelters ) ; 5 ) provide additional shelters as soon as feasible at (Arroyo Vista, Dublin Boulevard �J Village Parkway , Dublin Boulevard La) Donlon Way, Alamo Creek Park, Wildwood Road, Fall Creek Road) ; and 6 ) do not allow advertising in or on the bus shelters . CM-7-225 Regular Meeting July 11 , 1988 OTHER BUSINESS Senior Center Grand Opening Mr. Rankin reminded the Council that Saturday, July 16th is the official grand opening of the Senior Citizen Center on Larkdale Avenue. Festivities will begin at 1 : 30 p.m. Dublin Housing Authority Mr. Rankin advised the Council that the Dublin Housing Authority will not be having its regular meeting on July 25th. J. J. Civic Center Tour Mr. Rankin advised that due to the fact that the Council would not be meeting as the Housing Authority on July 25th, this may be a good time to arrange for the Council to take a site tour of the Civic Center. The Council concurred and Mr. Rankin advised that a memo would be forthcoming with the details . Citizen & Organization of the Year Award Cm. Vonheeder stated that it was felt that citizens who had served on the most recent committees and task forces should be presented with City pins and proclamations . The awards will be made to those serving on the Senior Center Task Force at the ceremonies on Saturday, July 16th. Others will be presented at the Shamrock Potato Festival BBQ. Nomination forms are being distributed for citizen and organization of the year. Commission on Aging mayor Jeffery advised that the City ' s appointment on the Commission on Aging, Martha Banner, has resigned. She asked that the Council consider another appointment . C,M-7-226 Regular Meeting July 11, 1988 Contract City Engineer Contract City Engineer Lee Thompson made a presentation to the Council as he ceases to serve the City as a contractor and makes the transition as a City employee. Mr. Thompson presented two framed photographs of the ribbon cutting ceremonies commemorating one of Dublin' s first traffic signals at the intersection of San Ramon Road and Amador Valley Boulevard. It was believed that the photographs were taken in approximately 1963. ADJOURNMENT There being no further business to come before the Council , the meeting was adjourned at 9 :45 p.m. [Mayor ATTEST: City Clerk CH-7-227 Regular Meeting July 11 , 1988