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Home My WebLink About4.01 Draft Minu 12-18-2001REGULAR MEETING - December 18, 2001 CLOSED SESSION A cloSed session was held at 6:30 p.m., regarding: 2. Conference with Legal Counsel- Existing Litigation, Government Code Section 54956.9(a) - Name of Case: Standard Pacific Corp. v. City of Dublin, Alameda Superior Court No. V019796.6 Conference with Legal Counsel- Anticipated Litigation - Government COde Section 54956.9(b)(1) - Facts and Circumstances: Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3) East Dublin Properties Stage I Development Plan, Annexation and Draft Supplemental Environmental Impact Report Conference with Legal Counsel- Anticipated Litigation - Significant exposure to litigation pursuant to subdivision (b) of Government Code 54956.9 (ONE potential case) - Facts and Circumstances: Receipt of Claims dated July 14, August 30, and October 26, 2000 from Goodland Landscape Construction, Inc., related to Emerald Glen Park, Phase I A regular meeting of the Dublin City Council was held on Tuesday, December 18, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, Oravetz, Zika, and Mayor Lockhart. None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that there was no reportable action. CITY COUNCIL MINLrlT, S VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 517 INTRODUCTION OF NEW EMPLOYEES 7:05 p.m. $.1 (700-10) Gregory Shreeve, the City's new Building Official was introduced. Community Development Director Eddie Peabody stated Gregory started as an intern building inspector for the City back in 1991. Mr. Shreeve stated it is a pleasure to be on Staff here in Dublin. PROCLAMATION 7:05 p.m. ,3.2 (610-50) Mayor Lockhart read a proclamation declaring the month of December as Tri-Valley Community Foundation Month and urged all citizens and businesses to support the new Tri-Valley Community Foundation to assure its continuing and growing support of health, human service, educational and cultural activities in the region. The proclamation was presented to David Rice, President of TVCF. 7:08 p.m. Mark Breazeal, Southwick Drive, announced that anyone of low or medium income that is short on funds, or for families having trouble paying utility bills, there are several care organizations that can help out. They can contact their local state senator's office. Mr. Breazeal stated a lot of people are contacting him to represent their views on the City's needs and that is why he is running for the City Council. His main goal is to bring a sense of humor to the office. He looks forward to working closely with the Chief of Police. We could look at how our neighboring cities operate, as there is always room for improvement. He is looking forward to listening to the Dublin residents. With his past experience, he will be of great value to Dublin. Mayor Lockhart requested that he direct his comments to the Council on issues not on the agenda. She advised him that this was not the appropriate forum for campaigning. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 518 CONSENT CALENDAR 7:12 p.m. Items 4.1 through 4.16 Mayor Lockhart pulled 4.5 and 4.9. Cm. Oravetz pulled 4.11. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of December 4, 2001; Adopted (4.2 350-20) RESOLUTION NO. 207- 01 AUTHORIZING A WAIVER OF THE COMPETITIVE BID REQUIREMENT FOR THE PURCHASE OF FIRE PATROL VEHICLE approved the Budget Change and directed Staff to proceed with the purchase of a replacement Fire Patrol Vehicle from Hi-Tech Emergency Vehicle Services, Inc.; Adopted (4.3 950-40) RESOLUTION NO. 208- 01 AUTHORIZING TEMPORARY STREET CLOSURES FOR THE 2002 ST. PATRICK'S DAY FESTIVAL, PARADE AND SHAMROCK 5K FUN RUN & WALK Adopted (4.4 600-35) RESOLUTION NO. 209- 01 ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS (CITY-FUNDED REPAIR PROGRAM) Received (4.6 310-30) Annual Audit Report for Fiscal Year 2000-01 and confirmed designations of Fund Balances for FY 2000-01; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 519 Adopted (4.7 600-60) RESOLUTION NO. 210- 01 ACCEPTING IMPROVEMENTS, TRACT 7147 (KOLL DUBLIN CORPORATE CENTER) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES INSTALLED AS TRACT 7147 IMPROVEMENTS Adopted (4.8 600-30) RESOLUTION NO. 211 -0t APPROVING AN AGREEMENT WITH CALIFORNIA HOUSING PARTNERSHIP CORPORATION ON AN AS-NEEDED BASIS BY THE COMMUNITY DEVELOPMENT DEPT. FOR TECHNICAL FINANCIAL ANALYSIS RELATING TO THE EAST DUBLIN TRANSIT CENTER PROJECT and authorized the Community Development Director to execute the Agreement; Adopted (4.10 600-40) RESOLUTION NO. 2t2- 01 APPROVING FUNDING AGREEMENT WITH THE CITY OF PLEASANTON FOR PRELIMINARY ENGINEERING AND ENVIRONMENTAL ANALYSIS OF THE PROPOSED MODIFICATIONS TO THE !~580 FREEWAYIFALLON ROAD/EL CHARRO ROAD INTERCHANGE and authorized the City Manager to execute the Agreement; Received (4.12 330-50) the Financial Report for the Month of November 2001; Accepted (4.13 600-35) improvements for Contract 00-14, Alamo Canal Bike Path Project from Amador Valley Boulevard to Iron Horse Trail Junction; (Carone & Sons, Inc.) and authorized the release of retention after 35 days if there are no subcontractor claims; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 520 Adopted (4.14 600-30) RESOLUTION NO. 213- 01 APPROVING AMENDMENT #2 TO AGREEMENT WITH CCS PLANNING AND ENGINEERING, INC., FOR CONSULTANT SERVICES 1-5801FALLON ROAD INTERCHANGE IMPROVEMENTS DESIGN authorized the Mayor to execute the Amendment to the Agreement and approved the Budget Change; Adopted (4.15 600-30) RESOLUTION NO. 214- 01 APPROVING AMENDMENT TO AGREEMENT WITH HQE, INC., FOR ENGINEERING SERVICES and authorized the Mayor to execute the Amendment to the Agreement; Approved (4.16 300-40) the Warrant Register in the amount of $1,432,211.71. Mayor Ioclcha~ pulled Item 4.$ related to the Downtown Streetscape improvement Implementation Project and asked if we are we s~ll talldng about the widening of Village Parkway. Mr. Peabody stated we will be doing a feasibili& study to determine what will be done ali along Village ?arkway. Forpedes~s to get across Village Parkway at l~wis more expecEently is the first thing we need to look at here. Mr. Ambrose pointed out that p~vject #5 is the arbotist contract and the issue of what to do with exisdng trees will be assessed Cm. McCormick asked about the process of bid6b'ng for project construcbbn work and if ttu's will come back to Council. Mr. Peabody stated yes, it will come back to the Council before it goes out to bid CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 521 On motion of Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted (4.5 600-30) RESOLUTION NO. 215- 01 APPROVING AN AGREEMENT WITH SINGER FUKUSHIMA EVANS, INC. FOR THE DOWNTOWN STREETSCAPE IMPROVEMENT IMPLEMENTATION PROJECT and authorized the City Manager to execute the agreement; Mayor Lock. pulled Item 4. 9 related to the Phase II Emerald Glen Park Consultant agreement and asked about the process for Council input. The Staff Report talks about two public meetings to discuss conceptual design and she asked if the City Council is going to see this or give input at beginning of process or just at end Ms. Idchtenstein stated the intent is to invite the City Council to participate initially and to be included early on. Mr. Ambrose asked for direction and stated Staff could provide input from the other groups for Council input. Cm. Zika suggested invitations go out to the design groups that designed the park al. so so they are included. Cm. McCormick pointed out that in this project we have an art consultant that worked with Carducci on the design and this makes it a little different than what we've done in the past. This is included in the beginning. On motion of Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council approved (4.9 600~30) a Consultant Services Agreement with Carducci Associates for Emerald Glen Park, Phase II; authorized the Mayor to execute the Agreement; and approved the Budget Change. Cm. Oravetz pulled 4. I 1, the FY 2000-O1 Financial Repo~q, and commented we are doingprettygood as far as the Budget goes for the City. We are up in almost ail of the revenues for the City. Finance Manager Fred Marsh stated last year was a pretty goodyear. Mayor Lockhart stated it pays off that we are a little conservative with our Budget. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council received (4.11 350~50) the Final Financial Report for Fiscal Year 2000-01; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 522 PUBLIC HEARING CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN REAL PROPERTY AT 6465 CLARK AVENUE FOR THE WIDENING OF DUBLIN BLVD BETWEEN VILLAGE PARKWAY AND SIERRA COURT/CIVIC PLAZA 7:22 p.m. 6.1 (670~30) Mayor Lockhart opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that a portion of this parcel (4,479 square feet), located on the southeastern corner of Dublin Boulevard and Clark Avenue is needed for the widening of Dublin Boulevard to 6 lanes. This acquisition is the last of the 10 parcels needed to begin construction. In addition to the fee take, the City must also acquire a 2,150 square foot temporary construction easement to facilitate the construction of the project. On March 21, 2001, the City Council adopted Resolution No. 40~00, approving a Mitigated Negative Declaration for the project in compliance with the California Environmental Quality Act. Mr. Thompson explained that before the City Council can consider adoption of the Resolution of Necessity, the City must submit a purchase offer to the property owners. The offer, required by Government code Section 7267.2, must be based upon an approved appraisal. The City had the properties appraised and subsequently tendered offers to purchase the properties for the appraised values on April 18, 2001. For the proposed fee simple and temporary construction easement, the City's appraised value is $145,800, which is the amount offered to Sanford Sandelman, Trustee on April 18, 2001. Thus far, the City has not been able to negotiate a settlement with Sanford Sandelman, Trustee. The findings that the Council must make in order to adopt the Resolution of Necessity are: 1) Whether the public interest and necessity require the project. 2) Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3) Whether the property sought to be acquired is necessary for the project. 4) Whether the offer required by GCS 7267.2 has been made. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 523 On motion of Cm.McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted . RESOLUTION NO. 216 — 01 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS (Assessor Parcel Nos. 941-1 401-12-01 & 941-1401-12-02) FREEWAY UNDERPASS ART AT DUBLIN BOULEVARD 7:24 p.m. 7.1 (900-50) Recreation Supervisor Bonnie Leonard presented the Staff Report and advised that the Freeway Underpass Art Selection Committee and the Heritage & Cultural Arts Commission are recommending approval of the Freeway Underpass Art Project design for Dublin Boulevard. A total of $423,000 is available in the 2000-2005 Capital Improvement Program for Freeway Underpass Art at Dublin Boulevard and at Amador Valley Boulevard. Once the design is approved Yby the City Council, it must be submitted to the Caltrans Art Review Committee for approval Upon approval by Caltrans; _ application will then be made for Caltrans encroachment permits. It is possible that this review.process_could..take several.months. . Ms. Leonard stated the Art Consultant.(Lynne Baer) and Artist Team (Daniel Galvez,John Pugh and John Wehrle) would present the design proposal. 0. Artist Daniel Galvez explained the basic design of the underpass mural, which consists of an archway façade with columns that mimic the concrete pillars in the center of the roadway. In the foyer, characters of the past are depicted from the earliest explorers to current individuals who might be seen at the St. Patrick's Day Parade or strolling through Emerald Glen Park. The secondary fax tile mural depicts contemporary scenes of Dublin. The key to the mural is that the figures in the foyer represent a different era than those represented in the secondary mural. Mr. Galvez described the process of the project. Sidewalk treatments for both Dublin Boulevard and Amador Valley Boulevard were discussed and it was determined that sidewalk treatments will be brought back before the City Council at a future meeting for direction. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 524 Ms. Leonard advised that it is anticipated that a final design for the Amador Valley Boulevard underpass mural design will be presented to the Council in July 2002. Mayor Ix)ckhart asked if it would be possible to put up some kind of a sign that explains what we are doing and what the project is, so visitors and the community could see the progress. This will encourage additional comments from the public in addition to the 200 questionnaires that were filled out. Mr. Galvez discussed the entranceway regarding Celtic medallions. History will be melded with current. Cm. Zika thanked Bonnie, Lynne and Daniel for the outreach they did on this. They went out and got community input. Several service clubs were visited and they were very open to suggestions. The community is behind them 100%. They have done a super job. Cm. McCormick advised that we don't have any history with the Caltrans art committee and asked about the potential timing. Ms. Baer stated they don't either, but John Werley has worked a lot with Caltrans. They won't know until they sit down with the committee. From this point they are at the mercy of Caltrans. They hope to not have any problems. Cm. McCormick stated she really likes the idea of putting up temporary signs to let the community know there is an important project in progress. Mr. Ambrose questioned if there should be westbound and eastbound signs? We may need some kind of an easement for placement. He discussed a laminated wood sign indicating this is part of our downtown beautification program. Staff will come back with location and identify for the Council if a budget adjustment is needed. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council approved the design and directed Staff to submit the design to the Caltrans Art Review Committee. REVIEW OF CONCEPTUAL DESIGNS FOR FIRE STATIONS 17 AND 1 $ 7:40 p.m. 7.2 (540-70) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that in October, the City Council approved a contract with BSA Architects to design two new Fire Stations for the City. These stations were to be developed using the CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 525 prototype study approved by the City, Alameda County and the City of San Leandro in March of 2000. The two proposed fire stations are located on Madigan Road (Station 17) near Emerald Glen Park and on Fallon Road (Station 18) within the area of the proposed 68~acre sports park. The proposed plans have been reviewed by a representative of Alameda County Waste Management Authority for compliance with Green Building Guidelines. The Consultant has prepared building plans for the two stations. Station 17 will be the larger of the two buildings at 11,000 square feet with a three-engine company. Station 18 will have a two-engine company and will be approximately 8,000 square feet. Staff requested that the Council review the two alternatives presented and choose a preferred alternative. Paul Beamer with BSA presented the two alternatives and color selections. Cm. Zika stated he felt no one would actually see Station 17. Mr. Beamer stated they will develop a cost estimate and come back to Council. Cm. McCormick stated she liked the tower effect with the raised roof; illustration 1C with prairie top. She asked if it would be possible to incorporate more windows. Ms. Lichtenstein stated they can look at more windows. Mayor Lockhart asked how the Firefighters feel about this. Chief McCammon stated they are doing two stations in San Leandro, which have the floating roof. Either of the designs work for them; they like them both. With regard to color, he stated he would defer to whatever the Council likes. Perhaps the more subdued look would be better. Cm. Zika and Cm. McCormick indicated they liked a combination of 2A and 1C. They would like to see more of an eave with overhang. Soft earthy colors were preferred; not yellow. Mr. Ambrose stated Staff will bring back a more revised concept with the same look for both stations. They should not stand out, but blend into the neighborhood. A green roof would be acceptable. CITY COUNCIL MINIYrEs VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 526 Mr. Beamer stated they looked at a fairly new station in Hayward and discussed a unique light fixture at the front door. He stated he will bring photos for the next presentation. Cm. McCormick stated she was happy to see we are doing a green building concept. PRESENTATION OF THE HNDINGS OF THE PROJECT REPORT/ ENVIRONMENTAL DOCUMENTATION FOR THE 1-580/ SAN RAMON ROAD-FOOTHILL ROAD INTERCHANGE IMPROVEMENT 8:02 p.m. 8.1 (800-30) Public Works Director Lee Thompson presented the Staff Report and advised that this project would eliminate the westbound 1-580 off-ramp and replace it with a signalized tee intersection on San Ramon Road. Mr. Thompson introduced Heidi Ouren with HQE who gave a presentation related to the findings of the Project Report/Environmental Documentation. This first phase is referred to as the Minimum Project Alternative and consists of the following features: Realignment of the westbound 1-580 off-ramp terminus to a tee intersection at San Ramon Road and installation of a new signal; Removal of the westbound 1-580 to southbound San Ramon Road loop off-ramp; · Landscaping of the San Ramon Road median between the new tee intersection and Dublin Boulevard; and · Overlay of San Ramon Road between the new tee intersection and Dublin Boulevard. Pleasanton has decided not to participate at this time in funding the proposed improvements on the Pleasanton side of the freeway, but has agreed to share half the cost of preparing the PR/ED. Estimated construction cost of the Minimum Project Alternative is $1,190,000. No right-of-way acquisition will be required for this alternative and no major utility relocations will occur. The project is Categorically Exempt under CEQA and Categorically Excluded under NEPA. Mr. Ambrose stated funding for the Dublin portion would come out of the TVTC fee and it has been listed for funding. Cm. Oravetz asked when construction would start. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 527 The response was in September 2002, and it will probably take about 4 or 5 months. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council accepted the findings of the Project Report/Environmental Documentation concluding that the project is Categorically Exempt under CEQA and Categorically Excluded under NEPA, and directed Staff to proceed with the preparation of Plans, Specifications and Estimates for the Interchange improvements on the Dublin side of the freeway only. 2002 GOALS & OBJECTIVES MEETING & BUDGET STUDY SESSION 8:09 p.m. 8.2 (100-80) City Manager Rich Ambrose 'presented the Staff Report and advised that the City Council annually holds a special meeting, typically in February or March, to define the City's Goals & Objectives for the upcoming year. The decisions made at this meeting provide a basis for the City Manager and City Staff to prepare the annual Budget. Mr. Ambrose requested that the City Council review the format elements for the G&O meeting and determine if the same approach should be used. Because the City won't have a full Council until the first meeting in April, he requested · that the Council establish a date for the G&O special meeting during the week of April 2, 2002. Mr. Ambrose also requested that the City Council determine if the Budget Study Session should be held on the same date at the G&O meeting as has been done in the past, or at a separate meeting. Mayor Lockhart stated she felt this a really good learning process for a new Councilmember. The Council agreed. This is a great format and so concise, they can do it in one meeting. The date of Wednesday, April 3~d was selected for the G&O meeting and Budget Study Session. The meeting will begin at 6 p.m. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 528 OTHER BUSINESS 8:15 p.m. Mayor Lockhart stated she and Cm. Oravetz met as an energy subcommittee and there doesn't seem to be a great interest in participating in our RFP by other cities. Pleasanton has made some suggestions for changes to the RFP. Another subcommittee meeting will be held and she stated they will bring back information to the Council. Cm. McCormick, Cm. Zika, Cm. Oravetz and Mayor Lockhart wished everyone a Happy Holiday Season. Mayor Lockhart requested that Staff place on a future agenda update on the senior center plans. Mr. Ambrose advised that Staff will bring the study to the Council on February 5th. Mayor Lockhart reminded Staff to send a letter to LAVTA regarding the committee changes. Mayor Lockhart reported that we indeed do have a seat on LAFCO for the next 2 years and this will be good for our community. She was appointed last week. We will have access to the voting process on land use issues. At 8:18 p.m., Mayor Lockhart announced that the Council would continue with the closed session. Conference with Legal Counsel- Existing Litigation, Government Code Section 54956.9(a) - Name of Case: Standard Pacific Corp. v. City of Dublin, Alameda Superior Court No. V019796-6 CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 529 2. Conference with Legal Counsel- Anticipated Litigation - Government Code Sec~on 54956.9(b)(1) - Facts and Circumstances: Significant exposure to li#gation pursuant to Government Code Section 54956.9(b)(3) East Dublin Properties Stage l Development Plan, Annexation and Draft Supplemental Environmental Impact Report 3. Conference with Legal Counsel- Anticipated Litigation - Significant exposure to litigation pursuant to subdivision (b) of Government Code 54956.9 (ONE potential case) - Facts and Circumstances: Receipt of Claims dated July 14, August 30, and October 26, 2000 from Goodland Landscape Construction, Inc., related to Emerald Glen Park, Phase I REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that there was no reportable action. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at $:45 p.m. ATrEST: City Clerk Kay Keck Mayor Janet Lockhart CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING December 18, 2001 PAGE 530