Loading...
HomeMy WebLinkAbout02-11-1991 Adopted CC MinutesREGULAR MEETING - February 11, 1991 A regular meeting of the City CoUncil of the City of Dublin was held on Monday, February 11, 1991, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:47 p.m., by Mayor Snyder. ROLL CALL PRESENT: ABSENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. None. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of January 28, 1991; Accepted the City Treasurer's Investment Report for period ending January 31, 1991 (320-30); Adopted RESOLUTION NO. 12 - 91 ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS (SIDEWALK SAFETY PROGRAM) and authorized Staff to advertise Contract 91-01 for bids (600-30); Adopted RESOLUTION NO. 13 - 91 ACCEPTING IMPROVEMENTS FOR TRACT 5073 BORDEAUX ESTATES and authorized Staff to accept a maintenance bond and to recommend that Alameda County .release the performance bond once the maintenance bond has been received (600-60); Adopted RESOLUTION NO. 14 - 91 APPROVING AGREEMENT REGARDING DEVELOPMENT OF A PROPOSED ALAMEDA COUNTY NONPOINT SOURCE CONTROL MANAGEMENT PROGRAM (WATER QUALITY-POLLUTION) CM - VOL 10 - 39 Regular Meeting February 11, 1991 and authorized a budget transfer of $7,037.55 from the Contingent Reserve to the Engineering Operating Budget (600-40); Accepted improvements under Contract 89-8 Civic Center Courtyard Fountain; authorized retention payment, less liquidated damages, in the amount of $7,877 to Golden Bay Construction; and authorized a budget transfer of $7,877 to this project from unallocated reserves (600-30); Adopted RESOLUTION NO. 15 - 91 FINAL ACCEPTANCE OF A SCULPTURE FROM THE DUBLIN FINE ARTS FOUNDATION "GAIA" BY NED SMYTH 1991 SUBJECT TO CERTAIN CONDITIONS (600-30) Adopted RESOLUTION NO. 16 - 91 APPROVING AN ADDITIONAL APPROPRIATION AND BUDGET MODIFICATION FOR FISCAL YEAR 1990-91($8,151) SHANNON CENTER BUILDING RENOVATION (330-40) Adopted RESOLUTION NO. 17 - 91 AWARDING CONTRACT 90-10A PEDESTRIAN SIGNAL HANDICAP MODIFICATION TO RICHARD A. HEAPS, ELECTRICAL CONTRACTOR ($18,592) and authorized a budget transfer of $7,022 from the San Ramon Road Improvements Phase IV project to the Pedestrian Signal Handicap Modification project; and authorized the Mayor to execute the agreement (600-30); Approved Warrant Register in the amount of $349,732.74 (300-40). LETTER FROM BRYAN & MURPHY ASSOCIATES REGARDING CAPITAL IMPROVEMENT PROJECTS (830-10) City Manager Ambrose advised that Don Babbitt, a Principal with Bryan & Murphy Associates, a San Ramon Engineering firm, has requested that the Council hold a public discussion related to the City of Dublin's policy regarding contracts for Engineering Services. Mr. Ambrose advised that Staff has not had sufficient time to prepare a response and requested that the Council provide direction. Cm. Jeffery felt that Staff should prepare a response in that the letter contains a lot of inaccurate information. CM - VOL 10 - 40 Regular Meeting February 11, 1991 Cm. Burton advised that he asked Mr. Babbitt to send the letter in order to have Staff comment. Don Babbitt, 11626 Regio Court stated that in the past he has expressed interest in having the City contracting out capital improvement program work to local engineering firms and trying to keep the tax dollars in this area. There are several points in the letter, and he felt that with the slow economy, this is a good time to again bring this issue up. Other engineering firms are looking for work. He felt that perhaps smaller projects could be grouped and combined. He stated he lives here and his firm used to be in Dublin, and this is an issue that is near and dear to his heart. Mayor Snyder pointed out that there are some discrepancies in the letter that need to be addressed. These should be pointed out and then it would be appropriate to further discuss this at the time of contract review. Mr. Ambrose referred to Mr. Babbitt's comment in his letter that there is no quality check in Dublin's existing system. This is not correct. We have our own City Engineer and our own Senior Civil Engineer and Public Works Inspector, all employees of the City Mr. Thompson and our Senior Civil Engineer review plans whether they are done by local landscape architects or Santina & Thompson or other engineering firms that we might contract with. The City's Inspector does. inspect capital improvement projects that are designed by Santina & Thompson. Some of the smaller projects are done in house. Cm. Jeffery advised that with regard to the first comment about monies going out of the area, this is untrue because we provide a lot of engineering services right here. The implication by Mr. Babbitt is incorrect. We currently go out for bid on certain projects. Mr. Ambrose advised that this scenario is closer to what existed back in 1983 when Cm. Burton was originally on the City Council, but is not an accurate picture of the current situation. Cm. Jeffery pointed out the correct spelling of her name. Also, Mayor Snyder's name was spelled incorrectly. Cm. Burton stated that the appearance of this is what concerns him. Why, in 8 years haven't we used more outside engineering firms. He stated there was no intent to cast any reflection on Mr. Thompson, but it is just the appearance. If there was an effort made to dispel this, it would help. Mayor Snyder stated there should be no reference made to Mr. Thompson, because he no longer has anything to do with the engineering firm. Cm. Burton stated it was his company in the past. Mayor Snyder stated that since he severed himself, there should be no further reference to this. CM - VOL 10 - 41 Regular Meeting February 11,'1991 Cm. Burton felt that most people, when they leave a company still have friends and connections to the company. The point is, we should go out to bid. Mr. Ambrose stated that if you look at the bulk of the City's projects, we have a lot of park projects. We negotiate the design, but we don't necessarily take the low bid each time. Landscape architects typically provide their own civil engineering services. This has been the case on nearly every park facility. Most of Santina & Thompson's involvement in recent years has been on roadway projects which involve Federal Aid Urban funds, which in some case, are a fairly significant portion of the project. For the San Ramon Road Phase IV project, we have well over $1,000,000 in FAU monies involved in that project. When you have a project like this, it is a lot more effective to have an engineer who is familiar with FAU regulations. We have a demonstrated track record, so there is a good reason from the City's standpoint, to make certain we have people who understand the program. There are not many engineers who have this kind of expertise. Many other smaller projects we are starting to do in house. Mr. Ambrose pointed out that in the early years, the City Council, of which Mr. Burton was a part, felt it was appropriate to go contract in order to keep the overhead down and to make it easier to manage the projects. This policy was modified a few years ago. Santina & Thompson is not the only civil engineering firm we have used. Mayor Snyder again suggested that we take a look at this at contract review time. Mr. Ambrose advised that the Dublin Housing Authority hired Mr. Babbitt's firm for a project. * * * PUBLIC HEARING PASSENGER LOADING ZONE ON AMARILLO ROAD @ NIELSEN SCHOOL (590-50) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that on December 10, 1990, the Council held a public hearing regarding proposed improvements along Amarillo Road in front of Nielsen School. A Resolution was adopted establishing short no-parking zones adjacent to the school driveways for visibility, and establishing an on-street handicapped parking space in front of the school. The City Council also introduced an Ordinance which would establish a passenger loading zone along the frontage of the school. In January, discussion was held related to plans for a daycare program which was scheduled to begin in the near future. Drop off times were discussed and in order to avoid confusion and enforcement problems, Staff felt that both the new and existing passenger loading zones should reflect the same times. Therefore, the draft Ordinance was revised to indicate the 8:00 a.m. to 3:30 p.m. time for both locations. The proposed Ordinance was re-introduced on January 28th. CM - VOL 10 - 42 Regular Meeting February 11, 1991 Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 3 - 91 ESTABLISHING PASSENGER LOADING SONES ON AMARILLO ROAD CITY SUPPORT OF TROOPS STATIONED IN THE MIDDLE EAST PURCHASE OF FLAG BANNERS AND ADOPTION OF RESOLUTION (520-30) Assistant to the City Manager Texeira advised that on January 28, 1991, the City Council directed Staff to investigate the purchase of flag banners for display Citywide in order to show support for troops involved in Operation Desert Storm and stationed in the Middle East. The Council also directed Staff to prepare a Resolution supporting the leadership of President Bush. A breakdown of costs for single vs. double banners was presented in the Staff Report, and alternates with costs for displaying banners at 10, 24, or 39 locations. Banner only costs range from $900 to $7,020. In accordance with the City's Purchasing Ordinance, all purchases of this type which exceed $5,000 (excluding labor costs) must be secured through a formal bid process. A bid specification package would need to be prepared. If the purchase is less than $5,000, the Council should direct Staff to obtain 3 competitive quotes and proceed with the purchase of the banners. Cm. Burton questioned what was involved in putting up a banner that it should cost $50. Mr. Ambrose advised that a cherry picker has to be rented, plus labor costs to install the banners. This is a very expensive piece of equipment to rent. Cm. Moffatt questioned if this price also includes taking the banners down. Staff advised that it did. Larry Reed, Chairman of the Board and Chief Executive Officer for Oil Changers advised that they support the placement of banners and would like to be part of this project because it enhances the quality of life in the Valley. They employ 50 people here in Dublin. Mr. Reed presented the City with a check for $3,000 to go toward this project. City Attorney Silver advised that because this is not an agendized item, the Council would need to take a vote to place it on the agenda. Mayor Snyder stated he was pleasurably surprised by this when he was advised earlier in the day and indicated that perhaPs others in the community will step forward in this manner. CM - VOL 10 - 43 Regular Meeting February 11, 1991 Cm. Burton felt that timing was important and stated he didn't think it could wait until the next meeting. Mayor SnYder clarified that by a vote of the Council, it could be added to tonight's agenda. Cm. Burton felt the City should also do something to recognize this gift. Cm. Jeffery stated she had been talking with banner companies related to a project on which she is working and has been told it will take 6 to 8 weeks for companies to get the materials to make the banners. Mayor Snyder explained that these banners can also be utilized at other times of the year, 'specifically the 4th of July. Cm. Jeffery requested that Staff be given leeway and if one style is not available they can select another. City Attorney Silver discussed the issue of the City receiving gifts with and without restrictions and again stated that it must be placed on the agenda. Once it is on the agenda, the Council will need to make a motion to accept the gift. Cm. Burton questioned if the City would still need to go to bid since the gift is almost half of the amount that the banners would cost. Ms. Silver advised that we would still need to go to bid if the purchase amount is more than $5,000. Cm. Burton questioned how long this would take. Mr. Ambrose stated we could come back at the next meeting. Cm. Burton questioned if we could ask Oil Changers to purchase half of the flags. Mayor Snyder felt it is better to follow regulations rather than to find a way around them. Ms. Texeira advised that if we purchase a single banner for all 39 locations, it would only be approximately $3,500. Mr. Ambrose advised that the only option which would kick us over the $5,000 would be double banners for all locations. On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous vote, the Council agreed to purchase 24 double banners at a cost of $4,320. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council placed the matter on the agenda to accept the donation because the need to take action arose after the agenda was published. CM - VOL 10 - 44 Regular Meeting February 11, 1991 On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council accepted the $3,000 gift from Mr. Reed with gratitude. Staff was directed to prepare an appropriate proclamation. When asked, Mr. Reed clarified that the gift is for the purchase of banners. Mayor Snyder advised that Cm. Howard had drafted a letter going to the people serving in the Persian Gulf and anyone can sign it that might be interested. Ms. Texeira questioned which banner the Council selected. Cm. Jeffery suggested that Staff be allowed to make this decision, based on whichever one can be purchased quickly. Ms. Texeira advised that a draft Resolution had been prepared similar to the one recently adopted by the City of Vista which supports the leadership of the President of the United States of America, and commending the men and women on the front lines of the Persian Gulf War. ~ Cm. Burton advised that at a League of CA Cities Conference he recently attended, he got a copy of the resolution and brought it to the Council for consideration. Everyone who has an opportunity should speak out in favor of our President and the people overseas. He Stated he would like to see the City Council adopt a resolution similar to the one presented. Cm. Jeffery stated she could not support this particular resolution because when the Council directed Staff to prepare a resolution for consideration, it was to have been supporting the people in our area who have gone over there. The resolution presented encompasses a whole bunch more than what the Council discussed, Everyone supports bringing them home safely, so she felt the resolution should be modified slightly. Cm. Burton pointed out that Congress and the United Nations voted for this. He felt it important to recognize the leadership of our country. To make changes would be watering it down. Cm. Jeffery stated she did not feel it was being watered down, but rather highlighting our concerns. We are especially concerned about the people in the Valley area. Cm. Moffatt stated he hopes the people who are rotating through Camp Parks will be able to see the City's support. It would be commendable for us to adopt a resolution which encompasses everyone. He felt that it would be a salute to these folks who are going through our area on their way to the Persian Gulf. This would be something a little more meaningful to them. Cm. Burton felt we should endorse the total support and should acknowledge the leadership and resolve of everyone. CM - VOL 10 - 45 Regular Meeting February 11, 1991 Cm. Jeffery felt that because family and friends are making a sacrifice, we should highlight that we are mainly concerned about them. Cm. Burton pointed out the fact that there is a lot of anti-war sentiment being expressed. Cm. Jeffery felt that the resolution presented forces her into a position of voting on 2 different issues. She suggested removing reference to supporting the leadership of the President and offered a substitute resolution which simply commends the people serving in the war and wishes them a safe and quick return home. Cm. Howard stated she liked the resolUtion presented by Cm. Jeffery. Mayor Snyder suggested changing the title of the resolution and simply deleting the 2 paragraphs which reference supporting the leadership and add the final paragraph which extends the Council's best wishes to these men and women for a safe and quick return home. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council adopted, with the changes discussed RESOLUTION NO. 18 - 91 SUPPORTING AND COMMENDING THE MEN AND WOMEN ON THE FRONT LINES OF THE PERSIAN GULF WAR Zev Kahn stated he felt we should define our position and further that he did not commend the actions on the first resolution. He requested a copy of the new resolution. Mayor Snyder read the resolution which was adopted in its entirety. Cm. Howard stated the yellow ribbons which were put up at a cost of $400 have been a real disappointment in their appearance. Mayor Snyder indicated that the ribbon was what was offered as a donation and no one had a change to review it. He felt Staff could take a look at and deal with this. BAY VISION 2020 DRAFT REPORT - WRITTEN RESPONSE (420-50) City Manager Ambrose advised that at the last Council meeting, the City Council reviewed the draft report presented by Bay Vision 2020. This report included recommendations to modify government respons- ibilities and suggested addressing some issues on a regional basis. Staff prepared a draft letter to the Chair of Bay Vision 2020 Commission incorporating comments from Staff and the City Council, addressing the City of Dublin's concerns. The comments included concerns related to such issues as: Urban Areas and Open Space; CM - VOL 10 - 46 Regular Meeting February 11, 1991 Transportation/Residential Densities/Jobs/Housing Balance; and Regional Governance. The draft report concludes that regional government would be responsible for planning, and local governments would continue to have the responsibility for providing services. Mr. Ambrose advised that these two areas are directly linked, and a separation would significantly impact the local economy. The report also does not address what role, if any, existing cities would have in determining the establishment of urban limit lines. It is highly important that local control and input be a part of this process. In summary, Mr. Ambrose indicated that when Dublin incorporated 9 years ago, the citizens supported incorporation in order to obtain local control and assure that policies implemented were reflective of the local community. Prior to incorporation, decisions were made by members of the Board of Supervisors, only one of which was elected by the local residents. A serious question arises as to whether a new level of regional government with broad powers can more effectively manage growth than local agencies who work together to coordinate their planning efforts. It is clear from current examples of regional government that they are not accountable to individual constituencies. The creation of an agency comprised of appointed board members is not appropriate as government must reflect and be responsible to a specific constituency. Cm. Burton stated that Staff had done a good job of summarizing the points of view. However, the draft letter will not impress very many people. Points are not stated in a clear and definite manner. He suggested summarizing in a last paragraph. The Bay Vision 2020 Commission will be getting so many of these, they will not read the details. We should emphasize our strong points. Strength is not there in the letter presented. Cm. Jeffery felt that sometimes, being subtle helps to get people to read through it. Cm. Burton felt that personnel should be voted in by districts. There should also be some kind of a sunset clause. He was uncomfortable having this letter not being specific enough. Cm. Jeffery suggested adding specific examples to make the various points, or question certain things. Mr. Ambrose advised that at a recent conference he attended, someone from San Diego strongly criticized the 2020 Commission for not involving local people. Cm. Burton stated when he read the response letter, he got the feeling that he could have been on both sides, and could have made a case for either. He suggested a summary sentence at the end of each paragraph. His main concerns were related to 5 points. 1) It should have a specific function or term; something that will show if they are doing their job; 2) All personnel should be elected on the basis of OM - VOL 10 - 47 Regular Meeting February 11, 1991 districts; 3) They should be required to fund the money for their programs; 4) It should be advisory with no veto power over local agencies; and 5) Their scope of responsibilities should not duplicate other agencies. Mayor Snyder discussed various fears in electing by district and the types of situations that can occur. Cm. Jeffery felt that Willie Brown is trying to find a place for himself and we should say it must be local elected officials. Mr. Ambrose pointed out that the basic issue is do you support regional government. We oppose the concept as proposed; however, if it is to come about, we could state what we would like to see. Cm. Jeffery stated a lot of the report is not practical. We do not support this particular presentation for regional government, but if certain problems could be worked out, we could look at it. We should challenge some of their assumptions. Cm. Moffatt felt there has not been enough input from the lower level local governments. Mr. Ambrose advised that we could respond that we oppose the regional government proposal as written and suggest that before they pursue it further, they should provide a means of getting local governments involved. He stated he did not feel that Governor Wilson will deal with this in the near future anyway. Cm. Jeffery advised that a League Committee is looking at this and stated she had some background information that she would make available if the Council was interested. Mayor Snyder indicated that we need to get our comments in because time is so short on this. We could send the same letter to both ABAG and the Bay Vision 2020 Commission. Assistant City Manager Rankin asked for clarification regarding the issue of district elected versus appointed. Cm. Burton stated he would accept Mayor Snyder's point of view. Cm. Jeffery felt it should state appointed/elected or local elected. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council directed that the letter with the City Council's comments be forwarded to the Bay Vision 2020 Commission and ABAG. DOUGHERTY ROAD MEDIAN MODIFICATION AT PAK'N SAVE DRIVEWAY (590-40) Carl Springer with TJKM advised that problems have surfaced with vehicles exiting the northernmost driveway at the east side of the VOL ~0 - 48 Regular Meeting February 11, 1991 Pak'N Save parking lot. Over the past 2 years, a significant number of accidents haVe occurred due to left turn movement at this location. Mr. Springer advised that the Dougherty Road median between Dublin Boulevard and Sierra Lane is proposed to be closed off as part of the Dougherty Road Improvements Capital Improvement Project, which is tentatively scheduled to be constructed in Fiscal Year 1992-93. Staff proposes to use an asphalt berm and appropriate signing and pavement markings to close the median and prevent left turn access in and out of the driveway at this time. The Pak'N Save parking lot has 5 other driveways, 2 of which allow both left and right turns. While none of the proposed improvements legally require City Council approval, Staff recognizes that some impact to Pak'N Save and other adjacent businesses may occur. Staff recommended that the City Council allow any interested parties to comment on this issue and then formally approve the proposal. A diagram of proposed improvements were mailed to both property owners and tenants prior to the meeting. Cm. Burton questioned how the parking lot going on to Sierra Lane would be delineated. Mr. Springer advised that this area is actually a truck loading area and there are very few cars that park out there. Cm. Burton stated that his point is that we are making a change and something should be done to let people know that there is another way for cars to get out. Otherwise, there will be no clear alternative for people trying to turn left. Cm. Jeffery questioned if the City could put signs up on private property. Mr. Thompson advised that we could, with the property owner's permission. He advised that Staff would contact the property owner regarding the delineation of this part of their lot. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council authorized Staff to proceed with the median modifications. AGREEMENT TO INSTALL HOME COMPOSTING EDUCATION SITE @ SHANNON PARK (600-40) Assistant City Manager Rankin advised that the City Council had previously conceptually approved the installation of a compost education site at Shannon Park. Staff has worked with representatives of the Alameda County Vector Control to develop an agreement. The site at Shannon Park will not be available for residents to discard waste, but rather it will show them how to properly create a home composting facility and will also demonstrate potential uses for the compost material. Mr. Rankin explained that the agreement which has been developed allows the County to install the necessary improvements. In addition CM - VOL 10 - 49 Regular Meeting February 11, 1991 to compost bins, there will be a kiosk which can be used to explain the compost process. The County would maintain the demonstration site and would conduct all workshops. They will also install raised planting beds to demonstrate the use of compost to grow various plants. The proposed location will be adjacent to the area designated in the Shannon Park Master Plan as a Demonstration Garden Area. Mr. Rankin stated that the City would not incur any costs; however, the City may elect to make additional improvements at its option to the area, i.e., installation of trees or shrubs in the lawn area east of the proposed site. Another area which may be addressed would be the installation of benches in the project area. County Staff have indicated a cooperative and willing attitude toward working with the City on these issues. The overall goals of this program will be a benefit to the entire community. Cm. Burton questioned how they would get back to the site since there is no road. Mr. Rankin advised that most of the materials used are of a small enough scale that they will use the existing pathways. This should not be a problem. If they damage surrounding improvements, they must restore them. Cm. Moffatt questioned if this is a demonstration project only or will they actually use City waste. Mr. Rankin stated it is a small scale demonstration only project. Cm. Burton stated he was nervous that people might try to drive a pickup truck back there. Mayor Snyder clarified that this is just a small demonstration site. Cm. Burton stated he still felt it should have been put where there is a roadway. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by unanimous vote, the Council adopted RESOLUTION NO. 19 - 91 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN & ALAMEDA COUNTY PROVIDING FOR A COMPOST EDUCATION PROJECT @ SH~/TRON PARK OTHER BUSINESS Dublin & San Ramon Liaison Committee Meeting (610-40) Staff was advised that the liaison meeting scheduled for March llth will need to be rescheduled because Cm. Jeffery has a conflict on that date. · · · , CM - VOL 10 - 50 Regular Meeting February 11, 1991 Tri-Valley Transportation Authority JPA (1060-40) Mr. Ambrose advised the Council that there wilI be a ceremony for the signing of the Tri-Valley Transportation JPA on Friday, March 1st at 5:30 p.m. at the Marriott in San Ramon. There will also be a Tri- Valley Council meeting, at which time they will be considering the issue of the BART station. The Council questioned if this was just a meeting of the TVTC or if it is to be a Tri-Valley Joint City Councils meeting. Mr. Ambrose advised that Staff would contact San Ramon to find out. Soviet Exchange Club Potluck (515-60) Cm. Howard reminded the Council of the potluck which is scheduled from 6:00 to 7:30 p.m., on Thursday, February 14th for the Soviets. CLOSED SESSION (640-30) At 9:20 p.m., the Council recessed to a closed executive session to discuss: 1) Pending Litigation, City of Dublin vs. Alameda County Superior Court No V-002172-8 (Measure D), Government Code 54956.9(a); and 2) Potential Litigation Government Code 54956.9(c). ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:05 p.m. ATTEST'. CM - VOL 10 - 51 Regular Meeting February 11, 1991