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HomeMy WebLinkAbout4.01 Draft CC 03-16-2004 MinA regular meeting of the Dublin City Council was held on Tuesday, March 16, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormiclq Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANC, E,, The pledge of allegiance to the flag was recited, by the Council~ Staff and those present. PROC ,LAMATION 7:06 p.m. $.1 (610-50) Mayor Lockhart read and presented a Proclamation to Pat Zahn, Branch Manager of the Dubhn Library upon the occasion of her retirement after many years with the Alameda County Library System. Ms. Zahn stated she will treasure this. She thanked the City of Dublin for supporting the Library with fundin$ for additional hours. The City pays for about half the hours. She stated she started here in 1978 in the Library on Village Parkway. It has been a wonderful experience. She especially thanked Diane Lowart who has been the liaison and Herma Lichtenstein. PRESENTATION BY DUBLIN PARTNE ,~ IN,EDUCATION (DPIE) 7:10 p.m. :3.2 (515-10) Pamela Glynn, new Executive Director of DPIE introduced herself and provided an update on DPIE and its activities in support of schools within the Dublin Unified School District. Everything they do will be in support of one or more of the DUSD's $oals. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 88 DUSD Board Members Denis King and David Haubert, and Sandy Hare were also present. David Haubert discussed the DUSD Four Bold Ini 'tmtives: · Expanded learning opportunities · State~of~the~art learning centers · Enhance communications between and among all stakeholder groups · Safe schools He then discussed student learning outcomes. He commended Pamela that this hot off the press document made it into her presentation. Ms. Glynn stated DPIE will do everything they can to involve the community and briefly discussed their programs for the current fiscal year. Their 6t~ annual student art auction will be held on May I4th at the Radisson. Their Sra annual golf tournament will be on October 4th. In Fiscal Year 2005, they will have a mentor program and a wine and dine event fundraiser. She thanked the City for its continued support. Cm. Sbranti talked about the possibility of partnering with labor for apprentice programs. ITEM ADDED TO AGENDA 7:20 p.m. 8.4(add) (550-10) City Manager Richard Ambrose stated following the posting of the agenda, on March 20047 Staff learned that certain offices must be quarantined and $600/day filters must be used in other locations within the Civic Center for health reasons~ all due to mold which has resulted from rains over the last several months. Staff believes it is imperative that the Council consider awarding a contract for emergency mold remediation in order to restore the Civic Center to a fully functioning working environment. Staff does not believe the Council should wait until the next regularly scheduled Council meeting of April 6t~ because that will result in a S-week delay in restoring the building as a fully functioning environment. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 89 On motion of Vm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council determined that pursuant to Government Code Section 54956.9, subdivision (b)(1) there is a need to discuss agenda items to consider declaring an emersency pursuant to Public Contract Code Section 20168, waivin$ competitive biddin$ requirements and authorizing flae City Manager to enter into an agreement for mold remediation of the Civic Center in an amount not to exceed $220,000 and a second item for management of such project; that the need to ~ke such action came to the attention of the City after tonisht's agenda was posted; that it is necessary to consider this item in order to res~re the Civic Center to its fully functionin$ sta~e; and that Items 8.4 and 8.5 be added to the agenda pursuant to Government Code Section 54954.9. to read as follows: "Consideration of Declaration of Emergency pursuant to Public Contrac~ Code Section 20168, waiving competitive bidding requirements and authorizing the City Manaser to enter into an agreement for mold remediation of the Civic Center in an amount not to exceed $220,000; and an agreement with Zahn Group in the amount of $60,000 for water intrusion investisation and manasement of environmental remediation project. 7:24 p.m. John T. Collins, Allegheny Drive, discussed a situation that occurred at the St. Patrick's Festival and stated we have a problem in our town with profiling. He also commented that we contract for services, including our lawyers, our police, and our fire. He asked ff there are any people that actually work for the City. CONSENT CALENDAR 7:28 p.m. Items 4.1 through 4.13 Mayor Lockhart pulled Item 4.10. Cm. Sbranti pulled Item 4.1. On motion of Vm. Zika, seconded by Cm. McCormic~ and by unanimous vote, the Council took the following actions: Adopted (4.2 600-$0) RESOLUTION NO. 35- 04 ACCEPTANCE OF IMPROVEMENTS FOR DUBLIN BOULEVARD AND SCARLETT DRIVE AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES (NESS FAMILY PARTNERS, L.P.) CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 90 Adopted (4.3 360-50) RESOLUTION NO. 36- 04 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAITNENANCE ASSESSMENT DISTRICT 83-1 Adopted (4.4 $60~20) RESOLUTION NO. 37- 04 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD AREA) Adopted (4.S $60-Z0) RESOLUTION NO. 38- 04 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES @ WILLOW CREEK) Adopted (4.6:360-20) RESOLUTION NO. 39- 04 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) Adopted (4.7 $60-20) RESOLUTION NO. 40- 04 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 DUBLIN RANCH AND TRACT 7067 CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 91 Adopted (4.8 600-60) RESOLUTION NO. 41 - 04 APPROVING SECOND AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR PUBLIC STREET IMPROVEMENTS ASSOCIATED WITH TRACT 7136 (DUBLIN RANCH AREA A-1 BY TOLL BROTHERS, INC.) and RESOLUTION NO. 42 - 04 APPROVING SECOND AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR PUBLIC LAND IMPROVEMENTS ASSOCIATED WITH TRACT 7136 (DUBLIN RANCH AREA A-1 BY TOLL BROTHERS, INC.) Authorized (4.9 600~$0) the Mayor to execute a Fifth Amendment to Agreement with KLMLP, LP for the Temporary Display of Sculpture "Steel Watercolor #99" at the Civic Center; Received (4.11 350~50) Financial Reports for the Month of January 2004; Authorized (4.12 600~$0) the City Manager to execute an Agreement with MuniFinancial to update Fire Facility Fee; Approved (4. I5 500-40) the Warrant Register in the amount of $2,671,098.42. Cm. b79rand pulled Item 4.1, and stated he arould abstain from vodnS on the Minutes. On motion of Cm. Oravetz, seconded by Vm. Zika, and by unanimous vote (Cm. Sbranti abstained), the Council approved (4.1) Minutes of Regular Meeting of March 2, 2004. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 92 Mayor Lockhart pulled Item 4.10 and asked about further h'$htin$ for the mural. W~en we dedicated the underpass, one of the ar~'sts spoke about lishD'n$ the end piece. How do we $o about puttin$ this on the asenda for ch'scussion? Parks & CommuniO, Services Director Diane Lowart stated the end pieces were not included as part of the original contract and to proceed veqth addi~bnal work, it would need to come from CiO' Council ch'rec,'on. We would have to $o to Caltrans and poten~'ally appropriate additional funds. Du~n$ the Budset process, this could be considered. The cost could be anywhere from $I0~000 to $30,000 total for the 3 locations. We would have to determine what kind of h'~tin$ would be best approp~ate. On motion of Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the City Council accepted (4.10 600-$5) improvements under Contract 03-04, Freeway Underpass Lighting and authorized final payment to Columbia Electric, Inc., less retention to be paid in $5 days ff no subcontractor claims are received. PUBLIC HEARING- STAGE I PLANNED DEVELOPMENT ZONING DISTRICT, WEST DUBLIN BART SPECIFIC PLAN AMENDMENT AND STAGE 1 DEVELOPMENT PLAN FOR A RESIDENTIAL, HOTEL, AND SMALL-SCALE COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED AT 6600 GOLDEN GATE DRIVE PA 03-033 7:33 p.m. 6.1 (450-$0) Mayor Lockhart opened thc public hearing. Associate Planner Kristi Bascom presented the Staff Report and advised that this is the second reading of the Ordinance. This project proposal consists of 210 apartments, a 150-room hotel, and 7,500 square foot commercial pad on approximately 7.26 acres located at 6~100 Golden Gate Drive, adjacent to the future West Dublin BART Station. Cm. Sbranti asked, assuming this project went through, what other improvements related to traffic would be built around town? Ms. Bascom advised that Golden Gate Drive would be slightly widened and St. Patrick Way improved. CItY .... CoUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 93 Public Works Director Melissa Morton stated we will also be moving a storm drain line that's on the BART property. Cm. Sbranfi asked in terms of approving this stage tonight and regarding financing, who are the different players. City Manager Ambrose stated the MOU with Pleasanton provided a framework with which to fund the BART station. That project is different than what is before the City Council tonight. The property owner would pay a ground lease payment for the land and this payment will offset the amount of money the public agencies need to raise with a bond issue. The Cities of both Dublin and Pleasanton have pledged any revenues that would come from the development, and BART has approved any additional rider revenues towards the debt service. We don't know what the actual construction cost will be so we don't know the size of the bond issue. During the summer, BART will do a financial analysis and determine the timing of the cash flow and if this will be adequate to service the debt. The City currently receives absolutely zero revenue for this site. We're tallfing about revenue that will be generated from the site. It will be a minimum of 12 years and maximum 17 years, with provisions that we could get out sooner. Cm. Sbranti talked about the private development aspect and commented there are a lot of pieces to this project. Mr. Ambrose stated it is unique in that it is a public/private partnership. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Sbranfi, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 8- 04 AMENDING THE WEST DUBLIN BART SPECIFIC PLAN, AMENDING THE ZONING MAP TO REZONE A PARCEL AT 6600 GOLDEN GATE DRIVE (APN 941-1500-046) TO A PLANNED DEVELOPMENT ZONING DISTRICT, AND APPROVING THE RELATED STAGE 1 DEVELOPMENT PLAN (PA 03-033) CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 94 PUBLIC HEARING - ORDINANCE CREATING NEW CHAPTER 5.61 TO THE DUBLIN MUNICIPAL CODE - GREEN BUILDING PRAC'HCES FOR CITY PROJECTS 7:42 p.m. 6.2 (530-10) Mayor Lockhart opened the public hearing. Assistant City Manager Joni Pattillo presented the Staff Report and advised that this is the second reading of a proposed Ordinance which would be designated as the Green Building Practices for City Projects and the environmental compliance benchmark that is being recommended is the Leadership in Energy Environmental Design (LEEDTM) Green Building Rating System. The Ordinance contains the City Council recommended change, which incorporate the LEEDTM silver rating, or a City-approved equivalent for all City building projects with the estimated cost of construction of $$,000,000 or greater in value into the proposed Ordinance. The report contains a review of the cost/benefit implications of implementing environmentally friendly building practices on building projects. Mayor Lockhart stated she looks at this as a great start. She asked if Staff will come back with guidelines for projects? Will we also look at projects that are not public? Ms. Pattillo stated the City Council will have an opportunity to look at this through the 2004-05 Goals & Objectives process. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Vm. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 9- 04 AMENDING THE DUBLIN MUNICIPAL CODE BY ADDING A NEW CHAPTER 5.61 MANDATING GREEN BUILDING PRACTICES FOR CITY PROJECTS CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 95 PUBLIC HEARING - DUBLIN RANCH AREA F NORTH, SUBMITI'ED BY JAMES TONG REPRESEN2~G THE LIN FAMILY, PLANNED DEVELOPMENT REZONE/ STAGE 1 FOR THE AMENDMENT AREA, REZONE/STAGE 2 DEVELOPMENT PLAN FOR THE DEVELOPMENT AREA~ AND CEQA ADDENDUM PA 01-057 7:45 p.m. 6.$ (420~30/400-Z0) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report. The applicant is ~sing a General Plan Amendment and an Eastern Dublin Specific Plan Amendment to change the land uses within Areas F, E & B of Dublin Ranch and also a Stage I and Stage 2 Development Plan commensurate with the proposed land use changes and to establish development standards and landscape standards for the development area. A CEQA Addendum is included as a necessary environmental finding for the project. Cm. McCormick stated she was interested in the 6.$ acres of public/semi-public and asked about the topography. Mr. Porto stated it has a slope of from 25' down to about 13' on the westerly edge. The applicant is grading most of the property now. In the graded condition, the public/semi-public land will still maintain a slope bank with about 20~ grade differential. It would be basically unbuildable. It would interface with Brannigan and share a boundary with the middle school site. There could be some shared use for parking or field use. After grading, they would lose roughly about an acre so we wind up with about 4.8 to 5 acres. Originally one of the sites was 1.9 acres and the other was 2.0 acres, but it is now contiguous. Martin Inderbitzen thanked Mike and Staff for helping them work through this process. They feel they have solved the major issues involving the community park. Aimin HUa, Saddlebrook Place~ asked questions about the middle school. When they bought their house, they thought the size of the site for the school was good. Now it looks like they are cutting it in half. It looks big on the map, but he questioned if any Councilmember has been to the actual site. He stated he feels it is too small for the CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 96 middle school and too close to the surrounding houses. The small rezoned school site does not provide an appropriate size for the kids. Mr. Porto explained that the original site was to be for a high school. The Lins went to the DUSD who informed them they saw the site as a middle school. The Lins worked with the School District to configure the site with access that will fit their needs. He has seen the design development drawings and from the School District standpoint, it meets their needs for a middle school. Brent Wood, Inspiration Circle, stated he lives up by Valley Christian School and commented everyday he comes home and faces about 000 cars. He asked what the City is doing to mitigate the traffic around the school? Mayor Lockhart commented this will be a public school. Valley Christian is somewhat different because it is private and kids come from all over and are mostly driven. Mr. Porto stated this was the thing that started the whole planning process. We did extensive traffic studies and it has been redesigned at least 8 times. This started 2 ½ years ago and we think we've done the job the right way. Mayor Lockhart closed the public hearing. On motion of Vm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 43 - 04 ADOPTING A CEQA ADDENDUM AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENTS, PD REZONING WITH RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS, MASTER VESTING TENTATIVE MAP, VESTING TENTATIVE MAPS, AND SITE DEVELOPMENT REVIEW FOR THE AREA F NORTH PROJECT IN DUBLIN RANCH PA 01-037 and waived the reading and introduced the Ordinance amending the Zoning Map and approving the related S~age 1 and Stage 2 Planned Development Plans. Ii II It I II I I III I III I III I_1 III I I iiii .iJ t I ii iiI i i II ii I Ui II i i I i i i i iiiii I I ii i iii II I I It II II CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 97 PUBHC HEARING - IKEA RETAIL COMPLEX SUPPLEMENTAL ENVIRONMENTAL IMPACF REPORT, PD~ PLANNED DEVELOPMENT REZONING WITH RELATED STAGE I AND 2 DEVELOPI~AENT PLANS, DEVELOPMENT AGREEMENT, SITE DEVEI .OPME .NT REVIEW, AND MASTER SIGN PROGRAM PA 02-054 8:05 p.m. 6.4 (410-$0/600~60) Mayor Lockhart opened the public hearing. Senior Planner Andy Byde presented the Staff Report, and Senior Civil Engineer Ray Kuzbari discussed the traffic study. This development application from IKEA, proposes a new $17,000 square foot IKEA home furnishings store and a 1 $7,000 "lifestyle" retail center, adjacent to the IKEA store. IKEA is also proposing a 99'tatl freestanding freeway sign, advertising the proposed IKEA and the lifestyle retail tenants. To accomplish the proposed project, the Applicant is requesting a Planned Development Rezoning, Site Development Review (for IKEA store only), a Master Sign Program, and a Development Agreement. A traffic simulation model was shown indicating a worse case scenario. Saturday hours are the busiest. Cm. McCormick asked about the peak hour simulation on weeknights. Cm. Oravetz commented on traffic backup at Hacienda Crossings. Mr. Kuzbari stated these have been mostly dissipated. The model shown is very much reflective of what goes on on Saturday. The off ramp signal is controlled by Pleasanton. We have the Smart Corridor Program and all the signals are tied together. Mr. Byde discussed the site and sign. IKEA requests a 99' sign and Staff feels this is excessive. Doug Greenholz, Real Estate Manager, talked about IKEA and the kind of company they are. He stated he would introduce partners who will be developing the retail area; Blake Hunt Ventures. Many consultants were present who have been involved with the project. Ingvar Kamprad is the founder of IKEA; some 61 years ago in 1943 at the age of 17. He discussed the 99' sign they are asking for. , [ [ ,,, [[ [,,] j[ ~L iii [ l[t,,[Itl[ t [ [,'~ [ [ [ [ ' [[[[ [ ![][ '[' ,[ [ [[ [[ ['' [ ~' [Ir , [ I' , J[ CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 98 Jerry Hunt from Blake Hunt Ventures was introduced. Their mission is creating memorable places where communities can shop, socialize work and live. Their job is to create a very successful environment. The sign is an important aspect of this. It is important to communicate all the retailers that will be in the project. They are proposing less total square footage. Brad Blake is his partner. They both live in Danville and consider themselves to be local. They are very excited to make this dream a reality. They presently have over a quarter billion dollars in projects underway. They are developing Olympia }'lace in Walnut Creek and Plaza Escuela in Walnut Creek~ as well as projects in Redwood City. Hans Baldauf with Baldauf Carton Von Eckartsberg Architects was introduced. He stated they have been working on this project for quite some time now. BCV is a very design oriented firm. They work with tenants that go into centers. They understand tenants demands. It is not an abstract exercise for them. They do a lot of complex mixed use projects. This site has its own set of complex dynamics. They want to create an exciting sense of place. He discussed the retail portion of the site. The tenants you choose not to bring into a project are as important as those you do choose. Mr. Greenholz stated they feel they have a very good partnership which should bring Dublin a very good project. Traffic was discussed. They will bring 400+ new jobs; 60 management positions. The Lifestyle Center will bring 400 new jobs. The two distinct projects will compliment each other. They are socially responsible partners with the Dublin community. He read a letter from the Chamber of Commerce. The Dublin Chamber of Commerce is supportive of the project. Vm. Zika asked Mr. Hunt about the 99' sign. Won't the people in the lifestyle center identify that they are in the IKEA center? Mr. Hunt stated they will probably use this as a marketing tool. It is important to remind customers regularly as they travel past the center. Vm. Zika stated he did not notice a sign program in Walnut Creek when he went to Ruth Crisp Steak House. Mr. Hunt stated here they are creating a retail project from scratch. In Walnut Creek, they are an extension of downtown and one of the most successful malls in the state. Mayor Lockhart asked how many major/anchor tenants they will have? CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 99 Mr. Hunt stated their involvement is fairly recent. They are getting up to speed quickly. They are extremely familiar with the market and the property. Anchor tenants can be defined in many ways. There will be three to five if you talk about retailers over 15,000 square feet. Mayor Ix>ckhart stated she would not be interested in losing a tenant over just a few feet of a sign. Mr. Hunt stated they will be much more articulate in the future as they come in with a plan. Mayor Lockhart asked Staff if there is flexibility with the sign. Mr. Byde stated they could continue the master sign program to the point where tenants are known. Mr. Hunt stated he thought there are two signs that are 75' high in Hacienda Crossings. He introduced his parmer Brad Blake. Mr. Blake stated he can understand the concern with the sign. They will have 2 or $ major tenants and 2 or $ signature restaurants. It is critical for them in the marketing to note the fact that freeway signage is potentially available. It is critical that they have these approvals now as tenants are poised to make commitments. They don't want to have just one anchor tenant be visible on the sign. They are obligated to buy the land from IKEA and they will move forward with or without IKEA. It all works together very well synergistically. Signs are critical. Cm. McCormick asked how far away BART is from their center and if people can walk7 Mr. Byde stated it is .$7 miles, so it is walkable. Cm. Sbranti asked if it would be on a bidding basis for location on the sign? Would there be room for all the tenants? Mr. Hunt stated there would be 5 sign locations. The most significant, however that is determined, would be listed. There would be three anchors with possibly 2 siglmture restaurants on the sign. Vm. Zika pointed out they need the sign to keep people from getting off at Dougherty Road.and havi~ $ to double bac.lc .............................. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 100 Cm. Sbranti stated in looking at the marketing analysis, it shows 14% from the tri~valley area, 10% coming from the west, $0% from north San Ramon Valley. Only I 1% coming from the east and :55% from the south - these numbers didn't make sense. He asked how they came to these conclusions? The south seems high and the east seems Iow. He stated he thought with all the people coming from Tracy, Brentwood, Modesto and the Central Valley that this number would be higher. Mr. Greenholz explained that these are snapshot numbers. There will be more and more customers coming from the east. They split San Jose in two on a snapshot basis, estimating that half will shop in East Palo Alto and Emeryvifle, and the other half would come to Dublin. Cm. Oravetz asked how many trips per day £mery~lle gets right now? The traffic study said 16,000 TI'D. Mr. Greenholz stated they have about half their volume on the weekend and half during the rest of the week. He discussed the demographics of the typical IKEA customer. Tony Craig, Clarinbridge Circle, spoke on pedestrian orientation and how Dublin can make a positive statement in their approach. With regard to the iKEA store, the notion should not be on what seems to be based on pedestrian friendly project related to its proximity to BART. The path doesn't seem 'to hold any allure for pedestrians. Those trying to get from Barnes & Noble to the theater know how difficult this is. What about relocating the sign further east? He urged people to visit Santana Row. IKEA is a big box retailer that seems to offer few pedestrian features. The lifestyle center does seem to have potential. The gestures are superficial and an intersection is referred to as a plaza. He showed an overhead with O buildings in the site plan with an alternative. By sacrificing 16 car spaces, you could put in an area with a simple division that would create a moment unique to Dublin plaza or simply a place to provide a choice for shoppers. Social interaction and a civic art element could be created. Why miss the opportunity to make a positive statement for Dublin? What is currently proposed wffi fall short of what is possible. Why not incorporate something that will speak well for Dublin? Mayor Lockhart clarified they are not approving the final design tonight. Tamara Ficarra, Applegate Way, stated she has lived here several years. She is a stay at home mom. It is hard to believe that these people don't think this will create more traffic. Use this land for more community friendly uses such as discovery museums. We need a. nqw post office and other items rather than 1KEA. We don't~ ,need IKEA. You CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 101 won't buy a sofa or chair and carry it home on BART. This will only bring more cars and traffic to the City. Kasie Hildenbrand stated she too fits the demographics. She shops at Emeryville and the other shopping center. It is not easy to get there. This proposal is still close enough to walk to. This is a good project for Dublin. This is an opportunity to bring east and west together. She felt it wi. Il create an option for many people as they offer shipping to your home. The added revenue to our City is nothing but a benefit. Digital Dublin is not here. This is a great project to go forward with. Ken Mercer stated he is involved with administration of Valley Care Hospital. IK~ has adopted Children's Hospital of Oakland as one of their charities. He approached them and found out that they are more than willing to contribute back to communities where they are located. They pay a livable wage and they pay benefits. Aimin Hua, Saddlebrook Place, stated maybe the economy will pick up and we can stay with Digital Dublin. Mayor Lockhart closed the public hearing. Vm. Zika stated he will vote in favor of the project. It is a nice source of revenue. Contrary to TV reports this morning, the $7.5 million the City would receive would be over 10 years, not per year. He stated he likes the concept of the lifestyle center. He was a little concerned over the si~n, but was willing to go to 90'. He stated he feels we have solved the traffic problem. Digital Dublin was a nice idea, but things change. We don't know what the state legisLature and the Governor will do next week. This gives us money to keep public safety officers on the street and to fund other services. Cm. Sbranti stated there is still so much office space zoned in the vicinity. We could still build 7 buildings the size of Sybase in the vicinity. We can still accomplish what we set out to do with the original plan. He stated he was pleased to see the traffic pLan to never be below Level C. The biggest problem in Emery~lle is the single left turn lane. We will have 3 left turn lanes. He likes the lifestyle center and the revenue that IKEA brings. They are employee oriented with competitive wages and they provide benefits. He stated he will support this. Cm. McCormick stated she sympathized with some of the speakers, especially regarding the traffic. She is looking forward to the lifestyle center. Mr. Craig brought up some excellent points. They want something real here and she likes the plaza idea. She hops They have really good food. She mainly likes IFA. She s there, a,nd she eats the,re,: .......... CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 102 likes the philosophy of the store and the way they treat their employees. She also likes their environmental policies. Given all the pluses, it will really be a benefit to our community. Cm. Oravetz stated he will be on the other side of the vote. When he became a Councilmember, he was told to be conscious of the decisions and ask himself ff it is good for the community and is it good for children. $7.5 million in sales tax over 10 years is a lot of money. Richmond would give their right arm for IKEA. We are not them, however. We are in a good spot. They will bring jobs for young adults, but not the kind of jobs for people who can afford the median price homes of $400,000 in Dublin. The lifestyle center is excellent. IKEA treats their employees very well. The Dublin Chamber of Commerce, of course, is very excited about this. Dublin will become known as IKEA and this is either a good or bad thing. His con list starts with traffic. This will back up traffic like we've never seen before. You can't drive now from Dublin to Livermore at 2 o'clock in the afternoon. We have a plan that calls for Digital Dublin. We can hold out for something better. What is the rush? There is no rush. This site you have to take advantage of being .37 miles from BART. For the past 8 years, we have worked hard to change the image of Dublin. When IKEA came to the valley, they went to Pleasanton and Livermore first. They each said no thank you. We can't be the dumping ground of the valley. Does IKEA improve the quality of life for Dublin residents? Are we able to handle 8,000 more cars a day? Our Planning Commission denied this 2 to 2. He is against this and feels there is a silent majority in Dublin against this. Mayor Lockhart agreed that it is a silent majority; they haven't spoken up. When they first came to the valley, IKEA went to all 3 cities. In Pleasanton, they had no infrastructure, and the site they looked at still has no infrastructure. In Livermore they looked at a piece of land north of I~580. Again they looked at a piece of land with no infrastructure. In Dublin we had a large piece of land with infrastructure in place to sell. In talking about traffic, anything put on the site will generate traffic. The discussion is not "is there going to be another car", there will always be traffic and their job is to manage to cause the least impact on others. No other project in Dublin has had more study than this project. This City Council has committed to providing affordable housing. The lifestyle center provides a good balance. She likes the mix. Wealthy and less wealthy people can live together quite happily. She is not ashamed of IKEA at all. We need to be fiscally responsible to consider a phn that was made 10 years ago. The economy didn't work the way we planned. We do have to save land and we do have hnd available to do this. You have 400+ employees at IKEA and 400 at the lifestyle center and many of these people will take advantage of BART. We are building houses right next to this facility and some of these people may walk home with the furniture. ~A has studied .this. until there are no m..o. re question, s~ It is no...w., philosophical. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 103 Cm. Oravetz stated he wanted to explain what he meant by good traffic. We live in CA and you have to put up with traffic and high cost of housing. IKEA traffic is bad traffic. Good traffic is getting to work. Cm. Sbranti stated the good thing about our plan is we still have room for Commerce One. He doesn't want to give up on Digital Dublin. We are not giving up on a vision. 8,000 cars is at buildout and this is over a 12 hour period. Right now, there is 75 million square feet of vacant office space in the Bay Area. We have 2 million square feet of office within a quarter mile of BART. City Attorney Silver clarified that the City Council was approving a 99' sign and also that text in Condition No. 123 of the Site Development Review was modified to read: Public Improvements. All public improvements constructed by Developer and to be dedicated to City are hereby identified as '*public works" under Labor Code section 1771 unless the Public Works Director. Specifically determines otherwise in writing. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code, sects. 1720 and following). On motion of Vm. Zika, seconded by Cm. McCormick, and by majority vote, the Council adopted RESOLLITION NO. 44 - 04 CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING MITIGATION FINDINGS, FINDINGS REGARDING ALTERNATIVES, A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE IKEA PROJECT PA 02-034 waived the reading and introduced an Ordinance amending the Zoning Map to rezone property and approving a related Stage I and Stage 2 Development Plans for the 1KEA and Hacienda Lifestyle Center Project; adopted RESOLUTION NO. 45- 04 APPROVING A SITE DEVELOPMENT REVIEW FOR PA 02-034 IKEA PROPERTY INC. (WITH CHANGE TO CONDITION NO. 123) , I,!! , ' , , "",', ',' ' , I',"~ ; '.: ,',, ' ', ',' ~", '~ ..... '" '" "~'' , .... , 5" ' CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 104 and RESOLUTION NO. 46 - 04 APPROVING PA 02-034, MASTER SIGN PROGRAM (WITH CHANGE TO ALLOW A 99' SIGN) and waived the reading and introduced an Ordinance approving a Development Agreement for the IKEA Project; and continued the item to April 6, 2004 for the second reading of both Ordinances. Cm. Oravetz voted against the motion. Iff, CE'SS 10:19 p.m. Mayor Loc~art called for a short recess. The meeting reconvened at 10:27 p.m. with all Councilmembers present. PUBLIC HEARING GENERAL PLAN AND EASTERN DUBLIN SPECIFIC I'IAN AMENDMENTS FOR IKEA.~' ~ F NORTH,. DUBLIN RANCH PA 0.2-054 .~ PA.0.17037 10:28 p.m. 6.5 (420-30/410-55) Mayor Lockhart opened the public hearin$. Plannin$ Manager Jeri Ram presented the Staff Report. Applicants IKEA and James TonS (representin$ Chan$ Su~O Lin, H. Yao Lin and H. L. Lin), have submitted applications for approval of General Plan (GP) and Eastern Dublin Specific Plan Amendments for the IKEA Commercial Project and Dublin Ranch Area F North, respectively. State law allows four GP Amendments per Element per year. This approval would be the first GP Amendment for 2004. In order to avoid amendments in excess of the number permitted by State law, GP amendments for specific projects can be grouped together and adopted as one Resolution. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 105 The Planning Commission did not recommend approval of the IKEA GP and Eastern Dublin Specific Plan Amendments at its meeting of February 24, 2004, with Commissioner Nassar abstaining and Commissioner Jennings absent. The Planning Commission recommended approval of the Area F North GP and Eastern Dublin Specific Plan Amendments at its meeting of February 24, 7.004, with Commissioner Jennings absent. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Cm. Oravetz stated he will not support the IKEA portion of the amendments. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by majority vote, the Council adopted RESOLUTION NO. 47- 04 APPROVING AMENDMENTS TO THE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN FOR THE IKEA PROJECT PA 02-034 AND THE DUBLIN RANCH AREA F NORTH PROJECT PA 01-037 Cm. Oravetz voted against the motion. PUBLIC HEARING PARKS AND RECRE .ATION MASTER ~ - MARCH 2004 UPDATE 10:32 p.m. t5.ti (~)g0-30) Mayor Lockhart opened the public hearing. Parks & Community Services Director Diane Lowart presented the Staff Report. The City of Dublin Parks and Recreation Master Plan was adopted by the City Council in 19~}4. The Master Plan establishes goals, long-term policies and standards to guide the City of Dublin in the acquisition, developmem and management of Dublin's parks and recreation facilities. The General Hah incorporates these policies by reference. An i iI i i i ii ii[ i i iii i i i i iii i i ti i i JlllllII I I I I I iI t I I I iii1 CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 106 update has been prepared to consider revised population and development projections and the impact on the City's proposed park system and recreation facilities. This public hearing is for the Council to consider revisions to the Parks and Recreation Master Plan based on the most current planning and population data available to the city. Ms. Lowart advised that comments had been received today from the East Bay Regional Park District. Cm. Sbranti commented that on page S, under Community Image and Character, 4.c. says DELETE- Create a green Town Square to act as a central focus as a part of the redevelopment of the existing downtown area. He questioned why this says this? Ms. Lowart stated 4.c. is being replaced. The language was put in before the City had the Downtown Specific Plan. We are individualizing the identity of each of the parks. Cm. McCormick stated she spored "green town square", and asked if we have something that says we use green building policies? Ms. Lowart stated she was not sure we have a guiding policy or action plan, but it could be added to the section dealing with the park system. Mr. Ambrose advised that we will be working within the next year to come up with guidelines. In the meantime, we will look at operational guidelines. It doesn't necessarily have to be in the Park Master Plan, but a part of our green building policies. Ms. Lowart discussed net versus gross acres. Mr. Ambrose stated the Quimby Act requires active recreation. Cm. Oravetz discussed his favorite spot along the Iron Horse Trail and commented this could be part of our solution to the shortage. Ms. Lowart replied we identified 5 locations and this is one of those. We will then amend the master plan. Cm. Sbranti asked when the City Council will get a report back on the identified sites? i~ll I J I I illll i il I I i I I Il I i l Ii i I i Iii J i Ill Illl Ii I I ~11 I I i I Jill iJ I Ill I i I Ii I I I Ill . I I i I Il i CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 107 / Ms. Lowart stated as part of the City Council Goals & Objectives process, we have identified some ways to move forward with looking at those. Staff is presently analyzing sites. Cm. Sbranti asked about the process to determine the uses in each park? Ms. Lowart stated it would depend on the type of park. During the master plan process, we identify the types of uses that make sense. Neighborhood parks are more on an individual basis and are sometimes determined by what the neighborhood wants. Cm. Sbranti asked how we determined the ratio formula of one ball field to a certain number of residents. Ms. Lowart stated when we did the original master plan in 1994, we looked at the national standards. Our neighboring communities had much nicer and higher standards for sports facilities and so we aspired to come up to their level. We have identified 2 breakout facilities as part of the G&O process. If the City Council ranks them as high priority, we will fund them and begin next year. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Cm. Sbranti stated with regard to open space and trails, he felt Dublin Hills Regional Park, it would be innovative to look at a trail in the western part and he would like us to look at this potential on the eastern side. Is this being looked at and worked on as part of the EDPO process? Mr. Ambrose indicated a regional trail at Tassajara Creek, but there are open space policies in our East Dublin Specific Plan where we are requiring some conservation easements over the open space. As EDPO comes through the land use process, we will end up with open space edging. Mayor Lockhart stated she has been working with the Altamont Open Space Committee and the majority of the money, 80% stays in the eastern part of the county. They are printing up an application so you can apply for money for specific projects. Vm. Zika pointed out we do have the MOU with Livermore creating the buffer. . i I I i lJll I III II I II II I II i i i ii II II II~ IIII II I t II III ii I i i I I ii! I IIIiii I iii LII CITY COUNCIL MINIJTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 108 Cm. Sbranti stated Steve Jones, who is on the Parks & Community Services Commission, brought up the subject of preserving some of the old ranch houses, dwellings or units. This was part of the rural character of that part of town. He would hate to see us just demolish these. We should look at fmdin$ one and preserving it and make it educational for the kids to see. Ms. Lowart stated there are seneral guiding policies that look at preserving our historic past. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 48 - 04 ADOPTING A NEGATIVE DECLARATION FOR THE PARKS AND RECREATION MASTER PLAN 2004 UPDATE PA 03-014 and RESOLUTION NO. 49 - 04 ADOPTING THE PARKS AND RECREATION MASTER PLAN MARCH 2004 UPDATE DETERMINE COURSE OF ACTION REGARDING COMPLETION OF CONSTRUCTION DOCUMENTS FOR PORTION OF. DOWNTOWN IMPROVEMENT IMFLEMFANTATION 11:00 p.m. 7.1 (600~30) Senior Civil Engineer Ferd Del Rosario presented the Staff Report. In March of Z00g, the City Council approved final design of the gateway monument to be built at the northwest corner of Village Parkway and Dublin Boulevard. Following the meeting, public comments were received on the monument design and refinements were made based on comments received from the members of a task force formed to review the monument design and from the public. The redesigned monument was later approved by the Council, and Staff was directed to complete the construction documents, which are currently 75% complete. A scope of services and fee proposal was CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 1(}9 received from RD$ Architects, which consists of two tasks: the completion of construction documents for the downtown monument project and the completion of the construction documents for the archway over St. Patrick Way. This item was placed on the agenda in order for the City Council to determine a course of action regarding completion of construction documents for a portion of the Downtown Improvements Implementation Capital Project by either contracting with the consultant (lIDS Architects) or deferring completion of the documents until funding is assured for construction of the project. Cm. Oravetz asked if MTC will deny our funding request? Mr. Del Rosario stated we are working on a letter to send to MTC next month. Mr. Ambrose stated the rental market has begun to soften. Twelve months ago, we had a lot different picture of how the projects would move and we hoped to get MTC funds. He pointed out that this was viewed as a long-term project for the downtown area. Ms. Morton summarized the report. Vm. Zika asked as time marches on, will these documents require substantial additional work? Ms. Morton stated they have a pretty long shelf life~ unless substantial changes are made to the design. Vm. Zika suggested at this time that we go for the cheap version. On motion of Cm. S10ranti, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 50- 04 APPROVING DEFERRAL OF COMPLETION OF CONSTRUCTION DOCUMENTS FOR A PORTION OF DOWNTOWN IMPROVEMENT IMPLEMENTATION and authorized the Public Works Director to execute an amendment to SFE's consulting services agreement to include $6,897 in additional services. .... , ........... , ..... MINUTE'~ ' , .......... , .... CItY COUNCIL VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 110 VILLAGE PARKWAY DESIGN ALTERNATIVES SIDEWALK WIDENING AND HGHTING IMPROVEMENTS 11:2:3 p.m. ?.2 (820~40) Senior Civil Engineer Feral Del Rosario presented the Staff Report and discussed several design alternatives for the widening of sidewalks along Village Parkway between Amador Valley Boulevard and Dublin Boulevard, and the type of decorative lighting that will be installed in the new sidewalk. Mr. Del Rosario discussed public outreach and advised that in addition to discussing the improvements with property owners, the City's consultant met with the proprietors of virtually every business on Village Parkway to review the proposed work, along with the potential short-term impacts of the construction. The business owners were concerned about the Construction impacts of the project on trade. Staff assured these business owners that the City would take every possible measure to minimize any inconveniences during construction. The original intent of the sidewalk widening was to widen the existing sidewalk from 4.5 feet to 8 feet. After much consideration, however, S~aff is recommending that the existing sidewalk be removed in its entirety and a new 8 foot sidewalk be installed. This would enable the City to construct a much more inviting streetscape. For sidewalk areas that will be limited to pedestrian traffic, the opportunity exists to incorporate green building practices through the use of recycled materials into the specifications. Three alternatives were presented to the City Council for consideration. Alternative 1 - plain concrete, broom finish, with 18" wide colored and scored bands. Alternative 2 - scored concrete to match the Village Parkway/Lewis Avenue intersection scoring, with 18" wide colored bands with a salt finish. Also included is an 8" wide concrete band along the rear of sidewalk and around tree wells. Alternative $ - plain concrete, either broom or salt finish, with 18" colored bands with stamped finish. Also included is an 8" wide concrete band along the rear of sidewalk and around tree wells. The stamped finish could be either: a) fish scale cobblestone pattern; b) random slate pattern; or c) diagonal slate tile pattern. The existing street lighting on Village Parkway is comprised of twin 100~watt, high pressure sodium cobra heads mounted on poles approximately 17'8 feet apart in the me_dian island ..This liehtin,t is not inviting for walking after dark. Studies determined CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 111 that in order to reach acceptable illumination and uniformity levels, the new luminaries would need to be spaced at 195 feet with the existing lighting and 142 feet without. However, in order to provide a pleasing streetscape, Staff recommends that the streetlights be spaced every 100 feet and the upper lanterns and pedestrian luminaries be lighted with IO0~watt and 70~watt light bulbs respectively. Mayor Lockhart asked about putting rubberized material in the sidewalk. Have we considered this? Ms. Morton advised that we have incorporated this in our sidewalk replacement program this year. Some of our concerns were color match with that kind of a treatment. Mayor Lockhart stated one of the things that works well is in areas around trees. There is a company somewhere in the Bay Area that is doing quite a bit of this now. Ms. Morton stated we looked at this with green building practices. Cm. Oravetz asked why not just take the money out of the General Fund instead of putting on $1.74 to everybody in Dublin. Mr. Ambrose stated we have about 330 remaining street pole replacements andwe will have to pick up the rest from the General Fund. We have used up our reserves in the street lighting assessment district. Cm. Sbranti stated he wants to see this go forward. It will help spur economic development. He clarified that the $445,000 total construction budget is counting the MTC grant. Vm. Zika pointed out that they have talked about this for 6 years and he would like to see it move forward. Ellie Lange, 6500 Dublin Boulevard, stated she and her husband are majority owners of several properties on Village Parkway. There is no question that making these kinds of changes enhance, however, they are terribly concerned about the impacts on their tenants who are small business owners. They would rather see this not go forward. If you look now, people are not using the sidewalk. If you do go forward, she urged them to consider some things to lessen the impacts. They constantly monitor their parking lots to keep them available for their customers and tenants. Some street parking is limited to one hour....,.. . You,. . should.cha, nse. ~this..bef°re you proceed.. Empl.oyees a~ the Post. Off. ice CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 112 have to park somewhere. Another problem they see is you need to look at the timeframe of how long this will take. You don't want to have another Dublin Boulevard situation here. There has to be some provision for access for the tenants with the driveways. If you can't get into Taco Bell, their business will be tremendously affected. We should put in some kind of financial penalty to mitigate parking and traffic problems. George Churchill stated he had similar concerns as Ellie Lange. He has seen impacts to businesses along Dublin Boulevard and looking at the decimation over this long period of time, they can barely survive. Why expand the sidewalk at this point in time when there isn't much foot traffic now? Why not wait until a future time when there is a need for wider sidewalks? He does not see this happening for the foreseeable future. Mayor Lockhart stated one thing we've noticed is that until we create a change or incentive, things don't change. You can't push a baby stroller there. It is not because people don't want to. This was the start to build into Village Parkway an atmosphere with some bttil~gs that will probably be turning over in the not too distant future, ff we are prepared for new business and development, it will speed up the process. It was designed to help the businesses there. Cm. Sbranti stated he felt we are starting to see the pendulum swing back to people looking more and more for this type of development. Mayor Lockhart explained that we were working with some major agencies such as PG&E on Dublin Boulevard, which caused delays. Ms. Morton stated we wffi open the sidewalk area and put in the lights and then put in the sidewalk. The high voltage line wifl stay. We will be happy to work with businesses and limit work to one side of one block and work at night to minimize the impacts to businesses. We can create a working group to minimize the impacts as much as possible. Cm. Oravetz stated again he thought we should take the $1.74 out of the General Fund. Vm. Zika commented it is a usage fee and ff you start to take some out, you create problems. Vm. Zika commented he liked alternative 1 the best, and Cm. Sbranti and Cm. Oravetz both agreed. I 11111 III iii Ii i II I II I I. II I II. I I II I i II i I I IIi , I i iI i IIIi I I I ii IIII iiI - i ii!I II ii ii I IL I II Ill CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 113 On motion of Vm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council approved replacement of the sidewalk and selected alternative 1 and approved the recommended lighting proposal. AUTHORIZATION TO SOLICIT BIDS FOR CONTRACT 04-0Z, TRAFFIC SIGNAL UPGRADE - DUBLIN BOULEVARD AND SCARLEIT DRIVE 11:58 p.m. 8.1 (600-35) Public Works Director Melissa Morton presented the Staff Report and advised that this project will upgrade the existing traffic signal system on Dublin Boulevard at Scarlett Drive to allow Scarlett Drive to be widened to 4 lanes and the northbound leg on the east side of Chabot Channel to be opened to traffic. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council authorized Staff to advertise the contract for bids. LEGACY PARTNERS/AMB PROPERTIES - SET HEARING DATE FOR APPEAL ,OF TENTATIVE PARCEL MAP AND SITE DEVELOPMENT REVIEW 11:59 p.m. 8.2 (410~$0) Community Development Director Eddie Peabody presented the Staff Report. An Appeal was filed of the Planning Commission's approval of a Vesting Tentative Subdivision Map and Site Development Review, by Adams Broadwell Joseph & Cardoza, attorneys for the International Brotherhood of Electrical Workers, Local 595, Sheet Metal Workers Union Local 104, and the Plumbers and Steamfitters Union Local 342. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council scheduled the public hearing for April 20, 2004. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 114 CONSULTANT SERVICES AGREEMENT- MURRAY SCHOOLHOUSE.EXHIBIT DESIGN 12:02 a.m. 8.5 (600~$0) Heritage & Cultural Arts Supervisor Theresa Yvonnc presented the Staff Report. In order to refurbish exhibit space within thc Murray schoolhouse to provide a fresh settin$ that will optimally hi3Jdight Dublin's history, Staff recommends a contract with dcsi3~er Gloria Matsumoto. Ms. Matsumoto will provide 7 individual design spaces within thc museum that will cumulate into one overall cohesive design for thc interior of thc museum. Cm. McCormick stated nothing happened in Dublin after John Green's store until the 1960's when Volk McClain developed some houses. Cm. Sbranti stated with each passing year, this becomes more significant. There are photographs, old business signs, etc. New people coming into our community would be interested. Cm. McCormick stated the first 11 families moved in on one day. Mayor Lockhart stated this was a pretty special time in our history. Ms. Yvorme questioned if the Council wanted this added as an eighth area? City Manager Ambrose stated Staff would need to take this back to the consultant. It can come back to the City Council. ITEM ADDED TO AGENDA CONSIDERATION OF DECLARATION OF EMERGENCY PURSUANT TO PUBLIC CONTRACT CODE SECTION 20165, WAIVING COMPETIITVE BID REQUIREMENTS AND AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT FOR ENVIRONMENTAL REMEDIATION OF THE CIVIC CENTER.IN ,.AN, AMOUNT NOT TO EXCEED $220,000 12:08 a.m. 8.4 & 8.5 (added) (550-10/600-30) Public Works Director Melissa Morton presented the Staff Reports for both Items 8.4 and $°5. Thc Civic Center sustained water intrusion during recent rain events, and as a result, has experienced mold growth in several locations, primarily in the Police Wins. Staff CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 115 utilized the services of an environmental testing agency, and it has been determined that mold growth occurred in several areas, all but one in the Police Wing. The cost estimate, including contingency, for the environmental remediation and restoration work is as follows: Demolition and disposal of material ~ $100,000 Environmental remediation & clearance ~ $ 20,000 Building restoration - $.100~000 Total - $220,000 The estimates for work include approximately $0% in contingency, and since it is unknown what will be uncovered during material removal, estimates arc conservative to compensate. The cost of the High Efficiency Particulate Air (HEPA) filter rental, which is already being incurred, is $600 per day. The second task outlined in the agreement is management of the environmental remediation project which is the subject of a separate agenda item. The tasks involved would be similar to those performed for any of the other construction projects the Zahn Group has managed for the City, including proposal analysis, supervision of the contract work, and review of any proposed change orders and progress payments. This agreement carries a not-to~exceed amount of $60,000. The estimated consulting cost per task is as follows: Water Intrusion Investigation - $22,590 Management of Environmental, Remediation Project ~ $28,905 $51,495 Contingency - $ 8,505 Total - $60,000 Cm. McCormick asked if any mold was found in the Council Chambers. Ms. Morton replied no. Staff will pursue this with our insurance carrier so the cost could be potentially partially offset. She pointed out that additional costs could be incurred. Assistant City Manager Joni Pattillo stated we wanted to give information related to remediation and restoration. Ms. Pattillo explained that this is phase one and our task is to move as quickly as possible. We have been meeting with City Staff and Contract Staff to keep them informed as .to wh~t is going on. We, want to contain the mold .a.s soon. as possible. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 116 Mr. Ambrose stated the primary problems are on the police side; but we have had problems in one office on the administrative side of the building. Cm. Sbranti asked if this could be faulty construction. This is a fairly new building, years old. Ms. Pattillo stated the Zahn Group has extensive experience at over a dozen public facility buildings and at schools. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous -,rote, the Council approved a Budget Change in the amount of $220,000 and adopted RESOLUTION NO. 51 -04 APPROVING FINDING OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR ENVIRONMENTAL REMEDIATION IN DUBLIN CIVIC CENTER and approved a Budget Change in the amount of $60,000 and adopted RESOLUTION NO. 52- 04 'APPROVING AGREEMENT WITH THE ZAHN GROUP, INC. FOR WATER INTRUSION INVESTIGATION AND MANAGEMENT OF ENVIRONMENTAL REMEDIATION PROJECT Staff will come back on April 6t~ with a more detailed report. BUSmmSS 12:19a.m. City Manager Ambrose reminded everyone of the Council/Commission workshop to be held this coming Saturday in the Regional Meeting Room. Mr. Ambrose advised that CNN Headline News will be broadcasting the Pat $ummerall video on Thursday, March 18th between $:00 p.m. ~ $:$0 p.m. on Channel 57. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 117 Mr. Ambrose stated the City of San Ramon will be hosting the next Tri-Valley Council meeting. Cm. Oravetz wished everyone a happy St. Patrick's Day. He thanked Staff for all their work on the parade, festival, etc. He stated he thought he was the last to sign up for the fun run on Sunday. We had 1500 runners. Vm. Zika commented we had a great St. Patrick's celebration. For the fun run, Staff ordered long sleeve shirts, which guaranteed a nice warm day. Cm. Sbranti advised that the Dublin Pride Week Committee is in full swing. They have a Website which gives lots of information. It is www. DublinPrideWeek.com Cna. McCormick stated she had a great time at the festival and also enjoyed our Irish visitors. Mayor Lockhart offered kudos to the Dublin Sister City Association for the Green & White Gala. The Dublin Golf Course clubhouse was packed. This was very special for Dublin. She thanked Staff, including Joni Pattillo, Melissa Morton, Eddie Peabody, Kay Keck and Chris Foss who helped show the Irish delegation around our community. They really enjoyed this. 11.1 There being no further business to come before the Council, the meeting was adjourned at 12:23 a.m. Mayor ATTEST: City Clerk CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING March 16, 2004 PAGE 118