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HomeMy WebLinkAbout02-13-1989 Adopted CC MinREGULAR MEETING - February 13w 1989 A regular meeting of the City Council of the City of Dublin was held on Monday, February 13, 1989, in the meeting room of the Dublin Library. The meeting was called to order at 7'30 p.m., by Mayor Paul Moffatt. ROLL CALL PRESENT' Moffatt. Councilmembers Hegarty, Jeffery, snyder, Vonheeder and Mayor PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of alle- giance to the flag. INTRODUCTION OF NEW EMPLOYEE City Manager Ambrose introduced Lou Ann Texeira, who is the City's new Administrative Assistant to the City Manager. Lou Ann comes to Dublin from the City of Walnut Creek where she was Administrative Assistant to the City Manager. The Council welcomed Lou Ann aboard. COMMUNITY TELEVISION - 6 MONTH EVALUATION The Tri-Valley Community Television Corporation provides local public access programming, including the shows aired on Channel 30. As part of the 1988-89 Budget deliberations, the City Council approved a request for funding from this organization. Several documents were included which gave an overview of the tasks undertaken by CTV during the past 3 months. Michelle Leupp, Bookkeeper for Community TV indicated that a correction needed to be made to a $4,000'figure on their report. This amount which was shown as being spent for liability insurance has not yet been spent. An amount of $4,000 was spent, however, fOr workers' compensation. Their yearly budget is $110,000. Each City contributes $27,500. They have gone beyond all expectations on programming in the Valley. Camera crews have gone out at least once a month to film the progress of Dublin's new Civic Center. Most of their efforts have gone into production, causing their fund raising efforts to lesSen. Darla Stevens, Executive Director apologized for arriving late. showed video film clips of some of their activities. She Cm. Hegarty advised that he seldom hears from the public regarding what is being shown on Channel 30. There has been much improvement in the xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-53 Regular Meeting February 13, 1989 programming over what was shown a couple of years ago. Cm. Hegarty felt that the corporation should put forth a greater effort for fund raising to augment costs of production. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council authorized Staff to disburse the second payment to the Tri-Valley Community Television Corporation. DUBLIN SWIM CENTER - REQUEST FROM DUBLIN SCHOOL DISTRICT TO UTILIZE On January 9, 1989, the City Council considered a request from the Dublin Joint Unified School District to utilize the Dublin Swim Center for use by the high school swim team from February 2 - June 1. City Staff estimated that the cost to the City would be approximately $30,000 to operate the pool during this time. Although the City Council was in support of making the pool available for the swim team, they were not in favor of subsidizing the entire cost of operation for such limited use. Staff was directed to meet with representatives from the School District to ascertain the financial commitment that the School District was willing to make towards the operation of the Swim Center. The pool is not currently operational. The DJUSD Board of Directors considered this matter at their meeting on January 18th, and have indicated that they are unable to contribute funds towards the operation of the pool. They did indicate, however, that the DHS Athletic Booster Club would be willing to contribute up to $1,000 to help pay for the costs the City will incur. Additionally, they have indicated that greater use of the pool is anticipated by DHS and Wells Middle School physical education classes. Staff estimated that due to the need for the pump to be replaced and the boiler repaired, the pool will not be available for use until April 10th. This date is only an estimate and may vary depending on the extent of the repairs needed to the boiler, Operation costs for April and May were estimated to be about $14,330. Cm. Jeffery questioned when the season is over. Ms. Lowart advised she thought it would end around the middle of May. Charles Young, the Dublin High Swim Coach advised that the only pool available to them was at California High in San Ramon and they can only use it on Monday, Wednesday and Friday evenings from 7:00 p.m. on. He felt that Dublin is really a terrific community with many amenities. It is a bit of a travesty that many people in the community don't know how to swim. Mr. Young stated that at the end of the season last year, they were led to believe that there would be money available for them to be able to utilize the pool this year. He felt uncomfortable that Dublin students have to ride the bus to their swimming class at night. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-54 Regular Meeting February'13, 1989 Robert Kiesel addressed the Council and stated that he has been on the swim team for 4 years. He felt this is a really important activity and it is a lifetime sport. Coaches will have CPR and lifeguard capabilities, which will save the City money, and he indicated that the swim team members would be willing to clean the decks, keep the grounds clean, vacuum the pool, take care of covering and uncovering, etc. They have also offered $1,000 from fund raising efforts. Dain Hodson address the Council and stated this was his third year on the team. He thanked the Council for last years use of the pool. They had 25-30 people in the program. Being located at the school created much more of a team spirit. He felt that Dublin has the nicest pool in the entire valley. They hope to build a swim team with kids coming from Wells. He suggested that adult swimming could be held at night and the possibility exists that we could attract a USS team. Also, there could be senior citizen swimming and handicap swim programs developed. Even though this is an expensive program, it should not be looked at just in terms of money. Hans Heidorn questioned what the $14,000 figure related to. Staff advised that this figure was the estimated operational costs for April and May. Mayor Moffatt explained the problems with the boiler and pump. He stated he felt the pool would be open today, except for these problems. Cm. Hegarty thanked the young men who made the presentations. He indicated that he would also rather see Dublin pride, than them having to go to other communities. He expressed concern in that there is a certain amount of vandalism that occurs in facilities such as this, and further stated that he hoped that those people who benefit from this program would closely monitor and watch over the facility. Kolb Park was recently opened and there has been a lot of vandalism. Cm. Vonheeder agreed with Cm. Hegarty's comments, and made a motion to approve the request for use of the pool by the School District. Cm. Hegarty seconded the motion. Cm. Snyder indicated that he would prefer not to accept the $1,000 contribution. He felt this money could be used better elsewhere. He felt the School District has a responsibility and he would like to see the School District come back and compensate or reimburse the City for 1/3 of the costs. It would be a good faith action on the part of the Board. If you take the number of individuals divided by the costs, it is almost the cost of the 1988 dollars available for each student in the District. On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by majority vote, the Council amended the previous motion to delete reference to the $1,000 contribution from the DHS Athletic Booster Club. Cm. Jeffery voted against this motion. XOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOXOX CM-8-55 Regular Meeting February 13, 1989 Cm. Jeffery felt that everyone had shown support for the swim team. It seems that everytime we do anything with the pool, there are delays. If the Council supports the opening of the pool as soon as possible, she felt that the Council should preface it on the School District contributing a reimbursement for 1/3 of the operating costs. She felt they could come up with the money from somewhere. Cm. Hegarty felt that since they were talking $14,000 for just a few kids, it should be made very clear to the School District that the City wants cooperation, and they can only come to the well so many times. He felt the City should, however, give them the money this year to make the program go. Cm. Jeffery asked that the Council consider adding a stipulation that next year we expect to have a joint project in funding this program. Cm. Vonheeder stated we have told them many times that we want to jointly work with them, but we can't foot the whole bill. Cm. Jeffery stated that in this case, we are talking about operational costs rather than capital costs. We should encourage the School District to participate in funding of the program next year. City Manager Ambrose advised that he had spoken with the Superintendent who indicated that it would be helpful if the City could give them some exact guidance regarding an amount. Cm. Snyder felt that in the future they should be funding the entire program. They could then request that the City consider funding other programs. Cm. Jeffery stated it should be 1/3 of the costs. In addition, we should encourage them to find 1/3 of the costs to reimburse the City for this year. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the City Council approved the request for use by DJUSD contingent upon the installation of a new pump and repairs to the boiler prior to the end of the season. The City further encouraged the Dublin Unified School District to reimburse the City for 1/3 of the costs this year and clarified that the City expects the School District to fund the program in the future. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council took the following actions: Approved Minutes of Adjourned Regular Meeting of January 10, 1989 and Regular Meeting of January 23, 1989; xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-56 Regular Meeting February 13, 1989 Denied a claim submitted by Sandra L. Noonan and directed Staff to notify the claimant and the City's Insurance Provider; Approved the City Treasurer's Investment Report for Period Ending January 31, 1989; Authorized Staff to proceed with traffic mitigation fee study and ordinance; Adopted RESOLUTION NO. 9 - 89 FOR THE ACCEPTANCE'OF IMPROVEMENTS TRACT 5826 (VILLAGE I - CROSS CREEK) Directed Staff to apply for CDBG Program funding: 1) public improvement projects-S39,000 for Arroyo Vista Soundwall & 2) housing rehabilitation projects-S12,100 for minor home repair program; Adopted RESOLUTION NO. 10 - 89 APPROVING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF ALAMEDA & AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT AUTHORIZING ANAPPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE FOR AN ALLOCATION FOR ISSUANCE O MORTGAGE CREDIT CERTIFICATES, AUTHORIZING THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF ALAMEDA AND AUTHORIZING A CONTRIBUTION TO THE COUNTY OF ALAMEDA FOR THE PAYMENT OF A PORTION OF THE COSTS OF ESTABLISHING SUCH MORTGAGE CREDIT CERTIFICATE PROGRAM and authorized an additional appropriation of $4,000 to the Planning Contract Services account; Accepted and approve~ the January, 1989 Financial Statements; Authorized Staff to advertise Contract 89-3, Annual Street Overlay and Repair Program for bids; Approved Warrant Register in the amount of $663,808.64. PUBLIC HEARING CHANGE OF SPEED LIMIT ON STAGECOACH ROAD Mayor Moffatt opened the public hearing. Chris Kinzel with TJKM advised that in 1988, the City Council approved the installation of stop signs at 2 intersections on Stagecoach Road. These stop signs were primarily requested to aid pedestrian safety. In order to use radar for speed limit enforcement, a street with non- xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-57 Regular Meeting February 13, 1989 residential frontage or which is over 40' wide must be surveyed every 5 years or when the character of the street is changed, as in the case of installing control devices. Currently, Stagecoach Road, which is a collector street approximately 1.3 miles long, has 3 different speed limits between Alcosta Boulevard and Amador Valley Boulevard. The portion within San Ramon has a speed limit of 30 mph. North of Turquoise Street in Dublin, the speed limit is 35 mph, while the portion south of Turquoise Street is 25 mph. Dublin Police Services has maintained that enforcement of the 25 mph speed limit is difficult because the 25 mph limit is not consistent with the speed surveys and therefore, citations would not be upheld by the Traffic Commissioner. TJKM considered all aspects and recommended that the speed limit along the entire length of Stagecoach Road should be changed to 30 mph. Mayor Moffatt asked if a 25 mph speed limit within'a city is considered common practice or is the speed limit determined by speeds traveled on the street, particularly in a reSidential area. Mr. Kinzel responded that along a residential street that is less than 40' in width and which has a certain number of homes, the speed limit would automatically be 25 mph. None of the areas along Stagecoach Road would qualify automatically because of the width and the house count, and just the nature of the street. No public comments were made. Mayor Moffatt closed the .public hearing. Cm. Snyder referred to a memorandum from Michelle DeRobertis dated February 2, 1989. He found it interesting to note that even with all the commentary that has gone on in the last 2 years, 100% of the motorists are exceeding the speed limit. He found it hard to accept that all of these people are San Ramon residents. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and INTRODUCED an ordinance establishing a 30 mph speed limit on Stagecoach Road. PUBLIC HEARING - LIMITED PARKING ZONE WEST SIDE OF VILLAGE PARKWAY! NORTH OF DRIVEWAY OPPOSITE LEWIS AVENUE Mayor Moffatt opened the public hearing. Chris Kinzel with TJKM advised that this proposed 20 minute parking zone would provide short-term on-street parking for patrols of several businesses on Village Parkway. This request is partially as a result of a request from Jay Begun, owner of the commercial property at 7000 xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-58 Regular Meeting February 13, 1989 Village Parkway. Mr. Begun stated that customers of adjacent businesses tend to park in his lot, which is reserved for patrons of businesses located in his building. In an attempt to free up some on-street parking, Mr. Kinzel advised that Staff is proposing to establish 75' of 20 minute parking on Village Parkway in front of the 3 businesses directly north of Mr. Begun's property, those being Box World, The Trophy House and The Frame Company. There is an existing one-hour parking zone along the westerly curb of Village Parkway, a portion of which would need to be repealed in order to establish the 20 minute parking. Cm. Snyder referred to a drawing and indicated that buildings 3 and 4, in their original configuration were designed so that customers could park and enter from the rear of the businesses. Through the evolution of time in our community, and with what's been allowed to happen in the past, this has changed over the years, and some businesses rent only the front portion of the building. He felt it was unjust for customers to have to park in the back and come all the way around to the front of the building. Cm. Snyder referred specifically to The Trophy House, but thought that there were probably other businesses in this same situation. Reference was made to the difficulty in parking in any of the 3 stalls immediately in front of Box World. Cm. Jeffery questioned how the 20-minute time limit was determined, if this was as a result of some sort of study. Mr. Kinzel stated the best way to determine a time limit is to check the turnover and in this case, it was a 1-hour zone which had minimal enforcement. They felt that a 20-minute time limit might be more of a self-enforcing activity. Three businesses surveyed felt it would be more advantageous. Mr. Thompson advised that the 20-minute parking is the time established in the City's ordinance as short-term parking. Mayor Moffatt questioned how many people had ever gotten parking tickets on Village Parkway. He felt that if this were to be made a timed area, the only people to enforce it would be the people that were in the stores. Mr. Kinzel indicated that the Police Department feel this would be more adhered to by the public. Cm. Hegarty indicated that the people in the building at 7000 Village Parkway (south), are the ones requesting that the City limit the parking in front of other businesses. He questioned this. Mr. Kinzel clarified that this property owner requested that the City allow him to put.up signs on his property to ticket improperly parked cars. This action was recommended by City Staff as an alternative suggestion. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-59 Regular Meeting February 13, 1989 Mr. Thompson explained that City Staff felt this would free up space on the street. What happens now, since the last street is a one-way out, people don't turn in to go to the back of the lot, but rather, they go into the next lot. Cm. Hegarty did not feel that 20-minute parking was reasonable. He could not go into any store there and be in and out in 20 minutes. Jay Begun, owner of 7000 Village Parkway indicated that neighboring businesses customers have customarily taken advantage of parking in his lot. The Hucke buildings were originally designed for warehousing and uses have now evolved to retail. Retail uses obviously generate more activity on the part of custOmers. With the exit changed to an entrance, customers would no longer need to park in his lot next door. He asked for consideration to expand the green zone up to Mary D's. He stated that he appreciated the Council's consideration of this and felt that Staff's alternative was a good one. A1 White, owner of Dublin Trophy House stated he has tried to get his customers not to park in Mr. Begun's lot. You cannot solve a problem by creating another problem. He did not agree that 20 minutes would be sufficient for his customers. He has been in Dublin for over 11 years and all he asks is for a fair shake. He indicated he is willing to put "Please do not park in Mr. Begun's lot" This up a sign in his business, . is all he can do. His business has no rear exit so customers will not park in the back. He reminded the City that when he loses revenue, the City loses revenue. Mayor Moffatt closed the public hearing. Cm. Vonheeder stated that when 7000 Village Parkway was built, one of the very first things that happened was a fence was put up. There were entrances on the back side toward Caspers parking lot, and California Landowners put up fences. Through a long process of negotiation, there was a driveway put through between those 2 parcels. Cm. Vonheeder questioned if Mr. Begun had ever discussed with Mr. Hucke the possibility of having access between the 2 properties so that if people did get into his parking lot they can go through and get back into the one they want to be in. Mr. Begun indicated he had not, but he advised that he did originally work with Jim Lange and Iver Hilde to have the fence taken down. Cm. Vonheeder felt that most of the problem all along Village Parkway was due to the way the County allowed it to develop. The Council is constantly battling with the problem of the buildings in the rear that don't have frontage. People stopping on Village Parkway in order to parallel park causes traffic frustrations. She felt that if it were up to her, rear access would be mandatory. Another problem relates to the fact that one of the rear buildings does auto repairs, and~a lot of spaces are taken up with cars that are there being worked on. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-.60 Regular Meeting February 13, 1989 Cm. Vonheeder stated that while she recognizes the fact that Mr. Begun has a problem, a better solution might be to open up the fence. Cm. Snyder felt that if people can easily park on the street, they would do this rather than pulling into a lot. Street parking alleviates as well as exacerbates the parking problem. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by Unanimous vote, the Council agreed to keep the street parking limit at 1-hour and encouraged the property owners to open up the back area for better parking and circulation. PUBLIC HEARING-ORDINANCE AMENDING ORDINANCE NO. 10-82 REGULATING THE SAL.E AND USE OF FIREWORKS Mayor Moffatt opened the public hearing. Fire Chief Ritter stated that on July 1, 1988, the Dougherty Regional Fire Authority (DRFA), became operational, replacing the Dublin San Ramon Services District Fire Department. Ordinance No. 10-82 which allows for the sale of fireworks in the City of Dublin, currently refers to the Fire Chief of DSRSD on 3 separate occasions. Proposed amendments to Sections 4 and 7 will change this to refer to DRFA. Staff also requested a modification of the permit fee in order to pay for costs of providing inspection of booths, administration and enforcement of the ordinance. No modification to the permit fee has been made since 1982. Staff recommended an increase from $100/booth to $150/ booth. Fire Chief Ritter explained that during the 1988 fireworks sales season, the Fire Authority received numerous complaints regarding fireworks booths. These complaints related mainly to hours of operation and clean up and removal of booths. There are currently no restrictions on the hours of operation of booths. Staff recommended that hours of operations be established in the ordinance by modifying Section 7 (d) to set the hours from 8:00 a.m. to 10:00 p.m. Addition of Section 7 (h) requiring a clean up deposit would give Staff the ability to pay for clean up if the vendor fails to comply with the requirements of the ordinance. Staff recommended that Section 10 (e) be amended to ensure booths are cleaned up and removed in a timely manner. Staff's recommendation would require booth areas to be cleaned up immediately following the sales period and give the vendors until July 8th at 5:00 p.m., to remove the booths. Cm. Jeffery questioned if Staff considered fire calls when determining the fee. Chief Ritter gave some brief statistics related to last years' 4th of July. There were 14 fires last year, with damage of about $62,000. Four of the fires were caused by illegal fireworks, 3 from legal fireworks, and 7 undetermined. The bulk of the damage was in San Ramon and' the largest amount of damage in Dublin was at the shed at the High School caused by safe and sane fireworks. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-61 Regular Meeting February 13, 1989 Cm. Jeffery questioned if the deposit money comes from the various service groups or from the fireworks companies. Chief Ritter advised that 6 of the 7 deposits last year came from the fireworks company. They take care of all the paperwork, insurance, etc. The groups then reimburse them somehow. Steve Jones, representing Dublin Little League indicated that selling fireworks is a great fundraiser for them. He questioned with regard to the deposit, if their booth is not taken down, they do not get their deposit back. He indicated that in the past it was the responsibility of the fireworks company to remove them. He questioned if the user group was now responsible for removing the booth. Chief Ritter stated that if a booth is not removed in time, they will remove it and the deposit would not be refunded. He indicated that as far as they are concerned, it is the user group that has the permit. Mr. Jones stated their booth would definitely be removed in a timely manner. Zev Kahn felt that since 6 of the deposits were paid for by the fireworks company, they obviously make a lot of money in this community. He felt it should be made clear that we don't like the way things look after the groups leave and further that a charge of $500 would be more than fair. Mayor Moffatt closed the public hearing. Cm. Jeffery stated she questioned Chief Ritter because the fireworks companies are coming in and making a great deal of money. She did not feel that they have been responsible in the past. She stated she would like to charge a $500 fee for the booths. Cm. HegartY stated that when the City levies fees, it needed to be what the costs of providing the service actually were. Chief Ritter asked if the Council was referring to the permit fee for the booth or the deposit for the clean up. Cm. Jeffery clarified that she was discussing the permit fee, because part of our responsibility is to clean up in the case of fires or whatever. She stated that what she was asking for was a $500 permit fee plus a $200 clean up deposit, to help defray the costs incurred for responding to fire calls. Cm. Vonheeder felt the organizations pay back the fireworks companies for the amount fronted. They only front the money and then take it out of the sales. Cm. Jeffery felt this could be negotiated. The fireworks industry has a considerable amount of money. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-62 Regular Meeting February 13, 1989 Assistant City Attorney Silver advised that the proposal is to increase the fee from $100 to $150 and to impose a new deposit in the amount of $200. The purpose of this fee is to defray the administrative costs of issuing a permit and not for purposes of raising revenues, nor is it for purposes' of offsetting costs for fire protection or police protection. Therefore, the amount of the fee needs to be justified in terms of the administrative time involved in the issuance of permit. The deposit is separate and is for the estimated cost of removing and cleaning up the booths if this is not done by the applicant. Chief Ritter advised that his department overstaffs on July 4th because of fireworks. City Manager Ambrose advised that the law is set forth in Proposition 4 which says basically that an agency's fees have to be in line with reasonable costs of providing the service. On motion of Cm. Vonheeder, seconded by Cm. Hegarty, and by unanimous vote, the Council waived the reading and INTRODUCED an ordinance amending Ordinance No. 10-82 regulating the sale and use of fireworks. PUBLIC HEARING-CIVIC CENTER REQUEST TO SUBSTITUTE SUBCONTRACTOR PURSUANT TO PUBLIC CONTRACT CODE Mayor Moffatt opened the public hearing. Assistant City Manager Rankin advised that the overall purpose of this proceeding is to determine whether the evidence presented in this hearing is appropriate to support the performance of the Public Contract Code which allows for the substitution of subcontractors after the award of the contract. Dickman-Nourse, Inc. (DNI), has requested a substitution for the listed gypsum wallboard contractor on the Civic Center projeCt. DNI has represented that Olympia Drywall Co., breached their contract. The City Attorney has advised that in the absence of sufficient evidence produced by Olympia which is contrary to the evidence produced by DNI, the City Council may grant the substitution based on the representation by DNI that a breach of contract by Olympia exists and therefore, a substitution is appropriate in accordance with Public Contract Code Section 4107(a)(3) and based on Section 4107(a)(7). The City Attorney advised that in the event that this action is taken, that DNI indemnify and hold the City harmless from any actions related to its approval of the substitution. Mr. Rankin stated he would like the opportunity after any testimony is given to address the recommendation of the City Attorney's Office. Tim Winchester, Attorney for Olympia Drywall stated it is not his client's desire to impact Dublin's Civic Center. Mr. Winchester introduced Bill Spence, President, Steve Moore, Project Superintendent, John Combs, Estimator and John Dalb, Senior Project Manager.. His client xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-63 Regular Meeting February 13, 1989 understands that the Council has no desire to act as if they were the Alameda County Superior Court. They did wish to present what they consider to be very serious in terms of what has happened to them. They perceive that the Subcontractor's Listing Law has not been complied with. This was violated when Olympia was tendered the contract without the Council's approval for Section 5400 of the subject specifications. Mr. Winchester stated that they did not feel that DNI complied with the law. They were requesting that the City Council not sanction as appropriate, the conduct of Dickman-Nourse, Inc., from the very beginning of this project in the circumvention of the State Subcontractor's Listing Law. Mr. Winchester introduced certain correspondence and materials that he wished entered into the record. He indicated that they were not going to be offering testimony at this meeting regarding the specifics of the contract dispute. John Dalb with Olympia Drywall stated there were items which were difficult and delicate. He apologized for not being used to public speaking, but thought they had a tar baby in front of them and were being asked to whitewash it. He indicated he would explain the dilemna and what he would like the Council to do. RePlacing Olympia with another subcontractor without due process bothered him. A violation of the law has been going on for about a year. He did not feel this was the City Council's problem, but it is being made their problem by DNI and this bothered him. The basis for the substitution as presented by.DNI is flawed. The particular process casts doubts on his friend and associate, Bill Spence, who is a member of this community and he had a problem with that. He has been in business for 25 years and has never let anybody down. He is now in a position where they have told him to do something, but have tied his hands and tied his feet and are now beating him up because he wouldn't do it. Mr. Dalb stated Section 5400 work was not in their bid proposal. DNI says they did not provide reasonable change order quotations in an acceptable format. They provided over 94 quotations, with only 2 that were acted upon. Three mechanisms were available to resolve the change order dispute, but none were utilized by DNI. There was also a misrepresentation, in they they were able to negotiate a bond. They, not DNI sought arbitration. They would love to proceed with the work if given a change order. Contrary to what was stated in one of the exhibits, there is no written order. They brought this to the attention of DNI last October, putting them on notice of all the areas where they were being held up. Substitution is repugnant to them because it violates due process. They requested that the City go back to DNI and tell them that this is a contract dispute which should be worked out, and that substitution is not a viable alternative. BUd Cummings, Attorney for DNI introduced DNI personnel. .The reason for the request for substitution is that Olympia Drywall refused to do light steel structural framing on the interior walls and the other is they refused to proceed as directed to construct acoustical enclosures including a surface supply support system. He explained what the xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-64 Regular Meeting February 13, 1989 acoustical enclosures and support systems were. Olympia claimed that the box was insufficiently supported and was dangerous. At their request, they went back to the City and the Architect, and the Architect agreed that it might be dangerous at some point in the future (during an earthquake), and they agreed that a support system should be added. DNI asked Olympia to quote the additional cost for this support system. They quoted in excess of $6,000 per enclosure, for a total of approximately $40,000. The City said this was too much money and said to build one so it could be determined how expensive it was. DNI directed olympia to build the one and they refused, unless DNI agreed to their price. DNI has now completed construction on 4 of the 6 and Mr. Cummings requested that Frank Martinez, Project Manager discuss the actual costs. Frank Martinez stated that their out-of-pocket expense for the contract work was $800 per unit, for the 4 that they have built to date. They also constructed the surface applied support systems at a cost of $250 per unit, They still have 2 remaining to build in the Council Chambers, both the contract work and the support system. The cost of those 2 units will be about $1,000 each + $250 for the support systems. · Mr. Cummings advised that this huge difference in price was the reason they felt they had to substitute. Mr. Martinez advised that many of the costs in the condition were not reimbursable such as 15% profit and 15% overhead. The contract states they are limited to 20% total. Their quotes were unworkable. Mr. Cummings stated that Olympia claims they were not listed to put in the light steel supports. He explained that there is one line for you to list what each subcontractor will do, and there simply isn't enough space to spell out every single detail. H. K. Nourse III, Vice President of DNI, apologized for taking the City Council's time with~this issue and stated that they have not violated the law. Mr. Martinez advised that they constructed a wall as part of Section 5400 prior to proceeding. Ultimately, they tore down this work and discarded it after refusing to proceed with shop drawings and structural calcula- tions. Part of the materials were removed when they left the job, and there is still a good portion of materials remaining. Mr. Cummings summarized the fact that the General Contractor has no other out other than to substitute. Olympia has said they will not proceed with the work unless DNI agrees to their price. If they don't get the substitution, then they must pay $6,000 for work that costs $250. Jones & Bridges is doing work which is not relative to this issue. This work was never included with the Olympia Drywall work.' H. K. Nourse'III, discussed the bond issue and advised that it was waived in favor of other terms. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-65 Regular Meeting February 13, 1989 Mr. Winchester advised that DNI has removed Olympia Drywall from the project and has seized materials which Olympia purchased. .~They have had another subcontractor on the site for approximately 3 weeks. He felt it would be difficult, if not impossible to determine who is right, and who is wrong. They felt that DNI has breeched the public contract code. Mr. Cummings advised that what they had done was proceed with the work that Olympia refused to do. The rest of the work has not been done. Assistant City Attorney Silver clarified and read into the record the documents which were presented. These included 5 letters dated December 20, 1988, January 5, January 10, January 17, and January 30, 1989; a 97 page claim by Olympia Drywall; a folder containing various items of correspondence and other documents, plus several photographs; and all of the materials which were presented with the agenda packets. Ms. Silver advised that these all become part of the public recOrd in this hearing. Mayor Moffatt closed the public hearing. Cm. Snyder stated he was not sure if the Council was to try and resolve a dispute or to approve a substitution. Ms. Silver advised that Section 4107(a) of the Public Contract Code specifies the procedure to be used in substituting a subcontractor. The 2 sections which provide the grounds for'the substitution in this case are, "When the listed subcontractor fails or refuses to perform his or her subcontract", and "When the awarding authority, or its duly authorized officer, determines that the work performed by the listed subcontractor is substantially unsatisfactory and not in substantial accordance with the plans and specifications, or that the subcontractor is substantially delaying or disrupting the progress of the work." In order to approve the substitution, the Council, acting in a quasi- judicial manner, must make the findings. The dispute between DNI and Olympia will be resolved by arbitration. Cm. Snyder suggested that the Council move forward with the' substitution, and questioned the liability exposure to the City. Assistant City Manager Rankin advised thatlthe propoSed resolutions contain a statement that DNI will indemnify the City. Cm. Hegarty expressed concern in that both parties say they are willing to iron this out, but the feeling is that someone is not telling the Council something. Mayor Moffatt indicated that the Council can approve the substitution if they refuse to do the work or if they disrupt the project. Cm. Vonheeder stated she felt the Council had a gun to their heads; there was no way to win. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-66 Regular Meeting February 13, 1989 Cm. Jeffery felt the problem is in the eye of the beholder. The Council is being asked to make an interpretation. In the contract, it says that the subcontractor will do the work as required. RECESS A short recess was called in order to give Staff an opportunity to prepare the necessary verbage on the findings for the substitution. Councilmembers were present when the meeting reconvened. Ail Ms. Silver advised that 10 findings of fact had been drafted. These were read into the record. 1) The City of Dublin awarded Contract No. 00400, Project 87-9 to Dickman-Nourse, Inc., as general contractor. 2) The City was presented with a request for substitution by DNI, in accordance with the Public Contract Code on or about January 23, 1989. Said request proposed that Olympia Drywall Company be substituted as the gypsum wallboard subcontractor and proposed substituting Aderhold Specialty Company, Inc., in place of Olympia as the gypsum wallboard subcontractor. 3) The City mailed a notice of the request to substitute to Olympia on January 24, 1989. The document was received by Olympia on January 25, 1989. 4) Olympia filed written objections to the substitution. The objection was received by the City on January 30, 1989. 5) Olympia was advised of the scheduled hearing in a notice received on February 3, 1989. 6) The City Council conducted a public hearing on February 13, 1989, at which it heard testimony and received evidence. The Council hereby takes official notice of documents presented at the public hearing, including the Staff Report and all documents included therein~ 7) Olympia was awarded the subcontract to perform certain work on Project No. 87-9 by DNI, pursuant to a Subcontract Agreement dated December 21, 1987, wherein Olympia agreed (1) to furnish and install Section 05400 Light Steel Structural Framing, pursuant to the Subcontract Agreement, and (2) to proceed with work as changed, as provided in Section 6.in the Subcontract Agreement. 9) The actions of Olympia, as set forth in Finding #8 have substantially delayed and disrupted the progress of work on Project No. 87-9. 10) The City Council makes no findings as to DNI's compliance or non- compliance with the Subcontractor's Listing Law. xoxoxoxoxoxoxoxoxoxoxoxOxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-67 Regular Meeting February 13, 1989 On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 11 - 89 AUTHORIZING SUBSTITUTION OF SUBCONTRACTOR CIVIC CENTER PROJECT - GYPSUM WALLBOARD PUBLIC HEARING ABANDONMENT OF WESTERLY TERMINUS OF BETLEN DRIVE Mayor Moffatt opened the public hearing. Public Works Director Thompson advised that when the.right-of-way of Betlen Drive was originally dedicated, the street ended at the boundary of Tract 2534 (adjoining Valley Christian Center). When TraCt 5777, Pulte Homes Hacienda Heights was developed, the westerly end of Betlen Drive was constructed as a knuckle cul-de-sac at its junction with Las Palmas Way. This configuration leaves the remainder of the end of Betlen Drive as excess right-of-way. The area to be abandoned is approximately 0.16 acres. If the abandonment is approved, this excess right-of-way will revert to the owners of the adjacent properties, from the centerline south to Pulte Homes and from the centerline north to DSRSD. Pulte has indicated that they are not interested in utilizing the property as part of the Hacienda Heights Development and plan to quitclaim the property to DSRSD. DSRSD is interested in using this area as a parking area to service their water reservoir. The area would not be used to store vehicles or equipment and would be screened by a 6' fence and landscaping along the street frontage. It is anticipated that this use would not have a negative visual impact on the neighboring properties. This stub end of Betlen Drive cannot physically be constructed through the Valley Christian Center property. The Planning Commission considered this item at their meeting of February 6, 1989, and continued the matter until their meeting of February 21, 1989, as they had questions regarding the use of the property by DSRSD. No public comments were made related to this topic. On motion of Cm. Hegarty, seconded by Cm. JefferY, and by unanimous vote, the Council continued this matter to the Council meeting of February 27, 1989. xoxoxoxoxoxoxoxoxoxoxoxoxoxOxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-68 Regular Meeting February 1 3, 1989 DUBLIN SPORTS GROUNDS - REQUEST TO UTILIZE FOR FUNDRAISING ACTIVITIES Recreation Director Lowart advised that at its January 23rd meeting, the Council considered a request from Soroptimist International of Dublin for exclusive use of the Dublin Sports Grounds for their car concours event. The dates, August 5-6, 1989, had also been requested by the Dublin Shamrock Festival, Inc., for the 3rd Annual Shamrock Potato Festival. The Council recommended that the 2 groups meet to negotiate a mutually beneficial solution. The groups have met and agreed that both events could utilize the Dublin Sports Grounds simultaneously while remaining independent of each other. However, they do plan to coordinate site~plans, parking, entrance locations and, to a limited degree, publicity. The Soroptimists are asking that the CounCil consider: 1) Waiving field use fees 2) Allowing Boy Scouts to spend the night in order to guard the equipment previously set up 3) Providing maintenance suport to restock restrooms, unlock gates, empty garbage receptacles and provide traffic control to assist cars on and off the field 4) Using tables and chairs from Shannon'Center 5) Granting permission to charge an entrance fee 6) Granting permission to sell/serve alcoholic beverages on park property 7) Sharing use of the City's banner and banner poles on San Ramon Road from July 24th-August 7th 8) Mowing the fields on Thursday prior to.the event and shutting off irrigation from August 4th-6th The Shamrock Potato Festival, Inc.'s requests were: 1) Waive field use fees 2) Provide traffic control 3) Provide on-grounds security during festival hours and routine security at night 4) Permit the Dublin Recreation Department to sponsor the Potato Patch event on Saturday and Sunday 5) Permit festival committee to post Signs on public rights-of-way to advertise festival 6) Permit sale and consumption of alcoholic beverages 7) Permit shared use of the City's banner and banner poles 8) Grant permission to charge an entrance fee 9) Appoint a representative from the City Council or Staff to serve as a liaison between the City and the Board Both groups have indicated that they would be able tO provide the necessary insurance coverage for the event. Additionally, the Shamrock Festival Board has indicated that repayment to the City for last years certificate of insurance will be forthcoming following a fundraiser being held on February 12., 1989. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-69 Regular Meeting February 13, 1989 Staff reviewed the requests and found that they are consistent with those approved the previous 2 years, with the exception of: 1) tables and chairs from Shannon Center are not available due to a prior rental of the Center and equipment; and 2) it may not be feasible for the Recreation Department to sponsor the Potato Patch on both Saturday and Sunday due to staffing constraints associated with limited part-time Staff. Staff will, however, discuss this further with the Festival Board of Directors. Total costs to the City were estimated to be $4,450 to $4,650. City Manager Ambrose felt the groups should be required to get their insurance certificates in to the City by July 17th. The City should not be put in the position of having to front the insurance costs as they have in the past. Cm. Snyder questioned what the potato patch event was. MS. Lowart stated it was a fun and games activity for the children. Last year a small fee was charged. Cm. Snyder questioned if the Recreation Department could provide the liaison support to the festival. Ms. Lowart advised that she could provide this support through her department. Cm. Snyder felt there should be a statement regarding the fees owed to the City from last year. These must be reimbursed. Ralph Hughes, representing the Shamrock Festival Committee stated they anticipated paying back the money to the City by the middle of March. indicated that they have no problem with the terms. He' Cheryl Coulter, representing the Soroptimists thanked the Council for their consideration. On motion of Cm. Jeffery, seconded by Cm. Vonheeder and by unanimous vote, the Council approved the requests from Soroptimist International of Dublin and Dublin Shamrock Festival, Inc., for use of the Dublin Sports Grounds and directed Staff to include funding for the events in the Fiscal Year 1989-90 Budget. The approval is conditioned on the repayment of the costs that are owed from last year, plus this years' insurance certificates must be provided to the City by July 17th. SHANNON CENTER RENOVATION Recreation Director Lowart advised that bids were opened on February 7, 1989 for the Shannon Center Remodel project. Four bids were received, ranging from $674,475 to $780,000. The low bidder, Hodgson Construction, is $169,273 over the Architect's estimate of $505,202 and $274,475 over the funds available in the 1988-93 Capital Improvement Program. Staff identified 3 options. Option I would'be to reject all bids, reduce the xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-70 Regular Meeting February 13, 1989 scope of work and rebid the project. Option 2 would be to award the bid to Hodgson Construction and direct Staff to negotiate a 10% reduction in the scope of work. Option 3 would be t© award the bid to Hodgson Construction as submitted. Cm Hegarty expressed concern in that this is a lot of money over the estimate. This appears to be a 50% miscalculation. City Manager Ambrose advised that the Architect provided an estimate, as well as an independent estimator, but because this is a renovation project, there are a lot of unknowns. These unknowns cannot be'projected when developing a budget. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 12 - 89 AWARDING CONTRACT 89-1 SHANNON CENTER REMODEL TO HODGSON CONSTRUCTION ($674,475) and authorized a transfer of funds in the amount of $275,000 from CIP Projects No. 9637 and 9697 to CIP Project No. 9546, Shannon Center Renovation and authorized a transfer of funds in the amount of $67,500 from the City's unallocated reserves to CIP Project No. 9546, Shannon Center Renovation. 1989 ST. PATRICK'S DAY PARADE AND CELEBRATION Recreation Director Lowart advised that the 6th Annual St. Patrick's Day Celebration is scheduled for Saturday, March 18, 1989. The Dublin-San Ramon Lions Club will sponsor the parade and the City's Recreation Department will sponsor the community celebration. The parade is scheduled to begin at 9:30 a.m., with the community celebration scheduled immediately following. The celebration this year will be held at Dublin High School as the Shannon Community Center will be under renovation. Local community groups will host food, game and information booths and entertainment will be ongoing, provided by local area talent. Correspondence has been received from Bill Burnham, Parade Chairman, inviting the City Council to participate in the parade. As in past years, those Councilmembers wishing to participate in the parade will be provided with transportation. The parade route has been reviewed by both the Police and Public Works Departments. With regard to the.stipulation that says each entry must be covered by adequate insurance, if the Council participates, Cm. Jeffery questioned whose insurance covers this. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-71 Regular Meeting February 13, 1989 Cm. Snyder indicated that the Lions Club is covered by a blanket policy. Assistant City Manager Rankin advised that if necessary, ABAG Plan will issue a certificate of insurance. Ms. Lowart advised that the need for portable restroom facilities was discussed. Cm. Jeffery suggested that the City Council ride horses in the parade. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council approved the parade permit and advised that all would be able to participate in the parade, with the exception of Cm. Hegarty. CONSIDERATION OF REWARD FOR ILENE MISHELOFF Mayor Moffatt stated that he had requested that an item be placed on the agenda for discussion related to the possibility of offering a reward for Ilene Misheloff. He had determined that $1,000 could be offered through the WeTip Program. He thought that an additional reward amount could help facilitate a speedy conclusion to this particular case, thereby saving the City from further Police Services costs. The City Attorney's Office prepared a resolution providing guidelines for offering and collecting the reward. Cm. Jeffery stated she would worry very much if the Council was doing this for the wrong reasons. She explained that DSRSD has put up a considerably large reward. WeTip could amount to up to $1,000. The City is currently expending a tremendous amount of money in the investigation of the case. She was sure that this totalled well over $10,000. She expressed concern that rewards in this particular kind of case, while they make the community feel better, don't necessarily bring the person who has done wrong to justice. Cm. Jeffery suggested that if the City is going to spend money that they spend it on education of the children in the community so that we don't see this kind of thing happen again. This might be a better usage of the City's dollars. Cm. Hegarty stated that he was not opposed to a reward. As far as spending the money, you don't expend it unless there is an arrest which leads to a conviction. Cm. Vonheeder stated she also was not opposed to a reward, and understood what Cm. Jeffery discussed regarding education. Being with her own 11 year old the following morning after the Police talked to all the children at Frederiksen was disturbing. Her son was petrified to walk the 3 blocks home from school. She had no objection to a $1,000 reward. Mayor Moffatt stated there was already $1,000 added through the WeTip Program. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-72 Regular Meeting February 13, 1989 Cm. Vonheeder asked if there was any question with regard to the gift of public funds issue. Assistant City Attorney Silver stated that there is a Government Code Section which authorizes the City to offer a reward in certain circumstances. Cm. Jeffery stated that everyone has a large concern for this child and everyone wants her back, but she had a problem with grandstanding. There is a lot of money on the table now, and she did not wish to do something that is non-productive. Mayor Moffatt felt that by increasing the amount it would get more press and this could drive people to remember things, or perhaps people who were involved to a lesser extent might come forward. Sometimes money talks. Cm. Jeffery felt that someone who would hold out on giving information on this because the money wasn't high enough, she would question if the information would be trustworthy. When you calculate the amount of money that the City is expending on this investigation, which is what the City can do best, this should be considered. DSRSD doesn't have the capability to do that and that is why they offered a reward, The City is putting forth maximum police services. Cm. Snyder stated he strongly agreed with Cm. Jeffery. He would support an attempt at some form of a reward. He didn't feel that it really serves any purpose, however, and did not feel that most likely a dime would ever be paid out. He agreed that we need some form of.an educa- tional program in the community. The community is in such an emotional state of unrest at the present time, he felt there was no alternative for the Council. He stated he would move for adOption of a $1,000 reward. Cm. Hegarty stated he hates to put a limit of $1,000, but he wasn't sure what amount would be appropriate. He questioned if the Council was doing it because it is the thing to do. It is a messy situation. On motion of Cm. Snyder, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 13 - 89 REWARD FOR ILENE MISHELOFF ($1,000) Mayor Moffatt stated he feels that rewards do work and he had hoped that the City would have offered $5,000. f- xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-73 Regular Meeting February 13, 1989 OTHER BUSINESS DRFA City Manager Ambrose reminded the Council of the upcoming DRFA Board meeting on Tuesday, February 21, 1989. Goals & Objectives City Manager Ambrose reminded the Council Of the Goals & Objectives meeting scheduled for Thursday, February 23, 1989. This meeting will begin at 6:30 p.m., and will be held at the Dublin School District Board meeting room on Larkdale Avenue. Sister City Visitors Cm. Snyder advised the Council that tentatively about 25 people from Dublin's sister city, Bray, Ireland, will be arriving on JUly 28th and will be staying for 7 days. The community, looked forward to being able to return the hospitality that was shown last year. Alameda County Transportation Authority Mayor Moffatt advised that he had received a letter from Dale Turner requesting that we appoint someone to the Citizens Advisory Committee of Alameda County Transportation Authority. Our prior'representative, Bill Foster, has resigned. Mayor Moffatt requested that the Council advise him, if they had any suggestions regarding this appointment. ACAP Mayor Moffatt advised that ACAP (Associated Community Action Program) is looking for a private individual member and also a public member. These people are involved with human services. Emergency Services Network Mayor Moffatt advised that the Alameda County Mental Health Services Emergency Network has a program if anyone is interested. He gave a letter which he had received for City Staff to distribute to the Council. xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoXoxoxoxoxoxoxoxoxoxoxoxox CM-8-74 Regular Meeting February 13, 1989 ADJOURNMENT There being no further business to come before the Council, %he meeting was adjourned at 11:30 p.m. ATTEST: xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxox CM-8-75 Regular Meeting February 13, 1989