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HomeMy WebLinkAbout06-27-1988REGULAR 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' ABSENT' Councilmembers Hegarty, Moffatt, Vonheeder and Mayor Jeffery. 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 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. 0M-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'S1,000,000 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. ~'i,~1~'1o~'io@ '1o@ '1~'1~?1,~1o~?o~'1~?1~1~'1o~'1o@ CM-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 would 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 Cit'y 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. CM-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 work 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. CM-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-~EGIONAL 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. ATTEST' ~1~o~/o~/o~/o~'1o~io~/o~ ~1o~1o~'1o~%~1o~1o~1oC_~/o~/o~/o@ ~/o~1o~'1o@ ~'o~'/o@ ~o@ ~o~/o~/o@ ~'o~/o@ Regular Meeting June 27, 1988 CM-7-213 Regular Meeting June 27, 1988