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Home My WebLink About7.2 DoughtyRdImprovCIPProjCITY CLE-RK FileQ -= AGENDA STATEMENT r x ;?>250- 0 CITY COUNCIL MEETING DATE: November 16, 2004 SUBJECT: Approve Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements — Houston Place to I-580, with Scarlett Court Access to Dublin Boulevard Limited to Right Turn Out Only and Right Turn from Dublin Boulevard to Scarlett Court Eliminated Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) Resolution Approving Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements — Houston Place to I-580, with Scarlett Court Access to Dublin Boulevard Limited to Right Turn Out Only and Right Turn from Dublin Boulevard to Scarlett Court Eliminated 2) Letter dated October 11, 2004, from Mr. Tejindar P. Singh, owner of property located at 6400 Dublin Boulevard 3) Location Map RECOMMENDATION: Adopt Resolution Approving Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements — Houston Place to I-580, with Scarlett Court Access to Dublin Boulevard Limited to 7 Right Turn Out Only and Right Turn from Dublin Boulevard to Scarlett Court Eliminated, and direct Staff to implement the project. FINANCIAL STATEMENT: This CIP project is funded by developer dedications/contributions and Traffic Impact Fees (TIF). DESCRIPTION: On July 6, 2004, the City Council considered CIP Project No. 96852, Dougherty Road Improvements — Houston Place to I-580. This project will primarily widen the existing intersection of Dougherty Road and Dublin Boulevard to improve traffic operations by constructing additional through and turning lanes. The City prepared an Initial Study and Mitigated Negative Declaration (MND) for the Project. The MND included a detailed project description identifying the specific improvements, such as roadway widening, relocation of sidewalk, curb gutters, utilities and medians, and installation of landscaping (MND Section 1.3.). The MND also described access improvements at the Dublin Boulevard/Scarlett Court intersection to preclude right turns onto Scarlett Court from Dublin Boulevard; or, alternately, to eliminate the --------------------------------------------------------------- COPIES TO: Affected Property Owners ITEM NO. GAMISCPROMougherty Rd Imp - Houston to I-580\Environmental\AS approve project UB.doc � V intersection by constructing a cul-de-sac on Scarlett Court south of Dublin Boulevard." Both improvements were addressed in the MND; however, the July 6,2004, City Council action was unclear as to which of the alternate accesses was intended to be approved. It is now proposed to clarify that the intended access at the Dublin Boulevard/Scarlett Court intersection will eliminate right turn access to Scarlett Court from Dublin Boulevard and maintain right turn access from Scarlett Court to Dublin Boulevard only, as described and analyzed in the MND. On July 6, 2004, the City Council adopted the Mitigated Negative Declaration and a related Mitigation Monitoring and Reporting Program for the CIP project. Consistent with CEQA Guidelines Section 15074, the City Council considered the MND and found that the project as mitigated would not have a significant effect on the environment, and that the mitigation measures reflected in the adopted Mitigation Monitoring and Reporting Program would ensure implementation of the mitigations for the project. The adopted MND is the CEQA review for the project as clarified, and the adopted Mitigation Monitoring and Reporting Program applies to the project as clarified (with Scarlett Court access to Dublin Boulevard limited to right turn out only and right turn from Dublin Boulevard to Scarlett Court eliminated). Subsequent to the City Council's approval of the MND, Staff received a letter (Attachment 2) from Mr. Tejindar P. Singh, the owner of the property located at the southwest corner of Dublin Boulevard and Dougherty Road (6400 Dublin Boulevard). In that letter, Mr. Singh indicates a belief that the MND is flawed, referring to Table 2, which lists the land to be acquired and the impact. Table 2 is a very general description of impacts and does not address the kinds of impacts that Mr. Singh cites in this letter, which are more appropriately raised in any eminent domain action filed to acquire the property. CEQA does not require a response to this letter. RECOMMENDATION Staff recommends that the City Council adopt the Resolution approving Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements - Houston Place to 1-580, with Scarlett Court access to Dublin Boulevard limited to right turn out only and right turn from Dublin Boulevard to Scarlett Court eliminated, and direct Staff to implement the proje~t. Page 2 lib ~ \b'b~ RESOLUTION NO. - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING CIP PROJECT NO. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580, WITH SCARLETT COURT ACCESS TO DUBLIN BOULEV ARD LIMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM DUBLIN BOULEVARD TO SCARLETT COURT ELIMINATED WHEREAS, the City of Dublin proposes to improve traffic operations at the existing Dougherty Road and Dublin Boulevard intersection by constructing additional through and turning lanes as part of the Dougherty Road Improvements - Houston Place to 1-580 Capital Improvement Project (CIP), Project No. 96852 ("Project"); arid WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration ("MND") to evaluate the potential environmental impacts of the Project, the MND was adopted by the City Council on July 6,2004, together with a Mitigation Monitoring and Reporting Program for the Project, at which time the City Council found that the Project as mitigated would not have a significant effect on the environment (Resolution No. 130-04, incorporated herein by reference); and WHEREAS, the Project as described and analyzed in the MND included alternate access options at the Dublin Boulevard/Scarlett Court intersection; however, the City Council consideration on July 6, 2004, was unclear as to which of the alternate accesses describe din the MND was intended to be approved; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds as follows: A. The foregoing recitals are true and correct and made a part of this resolution. B. The adopted MND is the CEQA review for the Project as clarified and the adopted Mitigation Monitoring and Reporting Program applies to the Project as clarified. BE IT FURTHER RESOLVED that based on the aforementioned findings, the City Council hereby approves CIP Project No. 96852, Dougherty Road Improvements ~ Houston Place to 1-580, with Scarlett Court access to Dublin Boulevard limited to right turn out only and right turn from Dublin Boulevard to Scarlett Court eliminated, as described and analyzed in the adopted MND, and directs Staff to proceed with implementing the Project. PASSED, APPROVED AND ADOPTED this 16th day of November, 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor , I-HD-OŸ ATTACHMENT /:.2- ATTEST: City Clerk ~ no Lf Power Quality & Electrical Systems, Inc. dba: Dublin 76 6400 Dublin Boulevard Dublin, California 94568 ReCEIVED PQES, Inc. () E-mail: tsinQh @ pqes.com J,~ª " B'~ ' ~ '¡',"~,' :',~,' (""~': jj' " ,·,.,·,,~t, ~l!(JR~(,~) October 11 , 2004 Steven Yee Public Works Department 100 Civic Plaza Dublin, Ca 94568 HAND-DELIVERED Subject: 6400 Dublin Boulevard Dear Mr. Yee: I am writing to confirm our last few conversations on the subject property. As you know, we were first informed of the Dublin Boulevard-Dougherty Road widening project on September 29,2004, when you and your consultant (Bruchard) visited our business. Since that day, we have been trying to collect all the information on the project that we can get. We appreciate the cooperation that you have extended as far as sharing your files with us, but our research is on-:going. I do believe that there is a lot more that we need to receive. Once we have collected all the information that we can possibly get, we will study these documents on our own. This will be followed by the most appropriate course of action. Pending a decision by us on the course of action, we expressly forbid any City employee, contractor or consultant to enter our business premises with any intention to perform any work for the said project. The nature on the contemplated task may be either intrusive (such as drilling) or non- intrusive (such as surveying). We do not appreciate all the markings that have been made on our property without our knowledge or permission. Of course, all those persons who enter as paying customers of our retail establishment will continue to be welcomed. ,; Should any task be contemplated, we will require prior written request. Our response, however, will not be forthcoming until sometime in November 2004, when we have had a chance to evaluate the situation and retained appropriate legal counsel. You had indicated your intention to conduct certain borings on our property. In view of the foregoing, I would suggest that you hold off on the schedule. I reiterate my request for copies of all correspondence addressed to any of the property or business owners in our immediate vicinity (Dublin Court to Scarlett Court, and 1-580 to Houston Place). Please provide us with copies of such correspondence whether or not you deem it to be relevant. Please include all documents that relate directly to the street widening project, and to any other ATTACHMENT a · 6400 Dublin Boulevard ~tf[)i project that may be planned to be executed concurrently with the street widening project. I acknowledge that we have received a few documents listed in your letter of October 7, 2004. On or around October 1, 2004, you provided us with "Initial Study & Mitigated Negative Declaration" (hereinafter the Study) along with a letter dated April 12, 2004, notifying of your intent to adopt the-study. The comment period was from April 15th through May 14th, 2004. Of course we did not know of its existence until after October 1 , 2004. We strongly believe that the Study is seriously flawed. Among other false and incorrect statements in the Study, Table 2 on page 7 states the extent of impact on our property and business is only on "landscaping along roadway." This demonstrates a complete lack of knowledge or understanding of the gas station business, safety concerns, and associated liability and indemnification issues. Unfortunately, the appraiser that you retained is neither experienced nor qualified to conduct an appraisal of the impact on our business. I would request you to escalate our concerns to the highest level within the City. Yours truly, {i¡~ Tejinªar P. Singh, P.E. Chief Financial Officer ,,/ Copies: Mayor Lockhart Director, Public Works Department City Attorney Lee Thompson 20f2 o CO LO I - o .... Q) o CO - a- c: o .... () ::J o I () .... c: Q) E Q) > o L- a. E "'C CO' o D::' >. .... L- Q) ..c. 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