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HomeMy WebLinkAbout6.2 SB343 Dougherty Rd Improvements 10-07-14 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk's office after distribution of the October 7, 2014 City Council meeting agenda packet. Item 6.2 8cRANDICK O'D TOOLIATOS LLP ATTORNEYS AT LAW October 6,2014 Via e-mail and U.S.Mail Dante Foronda,Esq. Meyers Nave 55512'Street,Suite 1500 Oakland,CA 94607 Re:Dougherty Road widening project/W0595.002 Dear Mr. Foronda: I am writing to follow up our recent conversation regarding my appearance at the meeting of the Dublin City Council scheduled for October 7, 2014 at 7:00 p.m. The meeting is scheduled to consider the adoption of a Resolution of Necessity authorizing the filing of eminent domain proceedings with respect to the acquisition of certain real property interests for the widening of Dougherty Road in Dublin, CA. On behalf of affected property owner 4W, LLC,I intend to appear and be heard on requirements (b) and (c) of California Code of Civil Procedure § 1240.030. My client is not contesting the necessity of the widening project in general, but is questioning and contesting scope of the widening and the taking required because of the planned median strip, which I understand to be fifteen feet. A taking which includes a median strip of this magnitude is not most compatible with the general public good and least private injury. My client does not believe that a median of the proposed width is necessary for the Project, and if the width of the median is reduced to a more reasonable width, (3-4 feet), there would be a corresponding reduction in the required taking from my client. This would result in the loss of fewer parking places on the property,and should allow the existing uses to continue. In the event that there has been any change in the plans resulting in reduction of the width of the median strip,please let me know. Thank you. Very truly yours, RANDICK O' & IATOS,LLP By a Robert A.Randick • RAR/es 5000 HOPYARD ROAD, SUITE 225 I PLEASANTON, CA 94588-3348 \ v sdri3901t-460-3700 I Fax 925-460-0969 I RANDICKLAW.COM 1 441-11frhte .,> 0 �;r c. STAFF REPORT CITY CLERK CITY COUNCIL File #600-35 DATE: February 19, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager&a, 7-7-40-t&YZeo SUBJECT: Adopt Mitigated Negative Declaration and Approve Preliminary Engineering Plans for the Dougherty Road Improvements Project Prepared by Ferd Del Rosario, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will consider adoption of Mitigated Negative Declaration and approval of preliminary engineering plans for the Dougherty Road Improvements project from Sierra Lane to North City Limit (the Project). City consultants have completed the preliminary engineering plans and prepared the Project Draft Mitigated Negative Declaration which was noticed and circulated for a 30-day public review period, from November 5, 2012 to December 5, 2012. Adoption of the Mitigated Negative Declaration and approval of the preliminary engineering plans would allow the Project to move forward to subsequent stages; right-of-way engineering, appraisal for necessary property acquisition and environmental permitting. FINANCIAL IMPACT: There is no financial impact associated with the adoption of the Project Mitigated Negative Declaration and approval of the preliminary engineering plans. RECOMMENDATION: Staff recommends that the City Council Adopt the Resolution that both Adopts the Mitigated Negative Declaration and Approves Preliminary Engineering Plans for the Dougherty Road Improvements Project. L _______ :,. 4....._ -.14di, Ni:/(4, ubmitte By ( - Reviewed By Public Works Director Economic Development Director/ Public Information Officer DESCRIPTION: Project Background The City has long planned for improvements to Dougherty Road. The Circulation Element of the City's General Plan (adopted in 1985) called for the expansion of Dougherty Road to a six-lane Page 1 of 4 ITEM NO. 7.1 arterial. Subsequent updates to the Circulation Element called for the addition of on-street ("Class II") bicycle lanes to the entire length of Dougherty Road. Since adopting the Circulation Element, the City has enforced a dedication requirement from property owners along Dougherty Road to provide the necessary area for the anticipated future roadway width. As development has occurred along the Dougherty Road corridor, the City has required new buildings and parking areas to be sufficiently set back from the existing roadway to allow for the planned widening. Previously, the City improved the southern portion of the roadway (south of Sierra Lane) to a divided multiple-lane facility. However, the portion of Dougherty Road between Sierra Lane and the City limits to the north has generally remained four lanes with no median or on-street bicycle lanes provided. In its most recently adopted Capital Improvement Program, the City has included funding for preliminary engineering and environmental review for the Dougherty Road Improvements Project. The City hired Kimley-Hom & Associates to prepare preliminary engineering plans and conduct the appropriate level of environmental review. Council's consideration of the resulting environmental review and preliminary engineering plans are the subject of this Council item. Proposed Project Consistent with the Circulation Element, the Dougherty Road Improvements Project will improve pedestrian and bicycle facilities along a 1.9-mile long section of Dougherty Road, from Sierra Lane north to the City limit line. Roadway and median conforms will extend approximately 800- feet north into the City of San Ramon. The preliminary engineering plans widen the roadway from a four-lane facility to a six-lane divided roadway, with a raised landscaped median that will also serve as a stormwater collection and retention facility. The project will add left-turn pockets at several intersections. Project improvements also include adding Class II bicycle lanes on both north and south-bound sides of the road, transit stops at several key locations, and reconstructing or resurfacing the existing 8'-wide bicycle/pedestrian path on the east side of the roadway. These improvements will require the removal of about six on-street parking spaces between Sierra Lane and Houston Place. These spaces are located along the eastern (northbound) side of Dougherty Road, within the existing public right-of-way. The project will require the acquisition of approximately 9,865 square feet of right-of-way in front of a single commercial property located at 6305 Dougherty Road to accommodate the roadway widening project. Approval of the preliminary engineering plans and adoption of the Mitigated Negative Declaration would allow the project to move forward to subsequent stages; right-of- way engineering, appraisal for necessary property acquisition, and environmental permitting. Staff anticipates that some minor refinements to these preliminary plans may be necessary as construction-level plans are prepared in a subsequent project phase. Public Outreach On October 12, 2012, Staff convened an informational meeting targeted to the businesses and property owners in the southern reach of Dougherty Road — between Sierra Lane and Scarlett Court. Staff sent out approximately 90 written invitations to the meeting and followed up by telephone with some who could not attend but wanted to learn more about the project. As part of this outreach, Staff heard comments and questions regarding the property acquisition process, loss of parking both on and off-street, and traffic movement through the area. Staff received only one written comment at this meeting. The comment called for the City to complete a business impact report in addition to the environmental review of the project. Page 2 of 4 At the meeting, Staff responded to queries about property acquisition and traffic movement and further advised that questions about parking loss would be addressed in the environmental document. Staff also advised participants to look out for the environmental document and staff explained how to submit comments on that document. With regard to the request from a participant to study business impacts, there is no regulation at the local or state level that requires such effort and that project circumstances do not warrant any heightened level of analysis. The City had first adopted the plan to expand Dougherty Road more than two decades ago in the Circulation Element. Since that time, Staff has consistently advised potentially affected property owners of the pending expansion. For example, a 1989 Staff approval of a sign on the property located at 6305 Dougherty Road included a note that the sign was in the future expansion area for Dougherty Road and was likely to be acquired. Newer developments along Dougherty Road were approved when set back a sufficient distance so as to allow for the future widening of Dougherty Road without affecting buildings, structures, signs, or other similar physical improvements. Given the lack of any statutory imperative, the small number of properties potentially affected by the need for property acquisition, the minimal reduction in the loss of available parking in the area, and more than two decades having passed since the City first stated its intent to widen Dougherty Road, Staff does not see any justification or need to complete a business impact report. Environmental Review—Mitigated Negative Declaration Although the City's Circulation Element included a conceptual plan to expand Dougherty Road to six lanes in this area, Staff prepared an Initial Study pursuant to CEQA to examine whether the project could result in a significant environmental impact. The Initial Study, which relied upon and incorporated several focused studies (air quality, biological resources, cultural resources, traffic, noise, and others) found that with the application of standard mitigation measures, no significant environmental effects would occur. Accordingly, Staff has prepared a mitigated negative declaration for the Project. Staff noticed and circulated the Initial Study and proposed Mitigated Negative Declaration for a 30-day public review period which occurred from November 5, 2012 to December 5, 2012. In noticing the document, Staff exceeded the noticing requirements set forth in CEQA Guidelines Section 15072. Specifically, Staff mailed or hand-delivered more than 900 notices of the availability of the initial study and proposed Mitigated Negative Declaration to property owners along the project area corridor. Staff also published a notice in the Tri-Valley Times on November 8, 2012. Both notices invited interested members of the community to comment on the proposed mitigated negative declaration and also advised the public of an "open house" community meeting the City convened on November 14, 2012 at the Dublin Library. This is in addition to the informational meeting held in October 2012 for business and property owners along the southern reach of Dougherty Road (Sierra Lane to Scarlett Court). During the public comment period, Staff received a total of four written comments on the environmental document. None of the comments identified any new or substantially more adverse environmental effects than had been noted in the environmental document. Although not required by CEQA, Staff prepared responses to the written comments. Staff also made minor revisions to the Initial Study and Mitigated Negative Declaration, including some of the mitigation measures, in accordance with the commenters' suggestions. In particular, some of the biology mitigations were revised to clarify permitting and timing provisions, and to provide additional detail updating referenced California Department of Fish and Wildlife mitigation protocols. Staff carefully reviewed the comments and responses and determined that no recirculation is required under CEQA Guidelines section 15073.5, and that the modifications to Page 3 of 4 the mitigations are not substituted mitigations for the purposes of CEQA Guidelines section 15074.1. Recommendation Staff recommends that the City Council Adopt the Resolution that both Adopts the Mitigated Negative Declaration and Approves Preliminary Engineering Plans for the Dougherty Road Improvements Project. NOTICING REQUIREMENTS/PUBLIC OUTREACH: As mentioned above, more than 900 notices were mailed and/or hand delivered to businesses, property owners and apartment tenants inviting them to two public meetings conducted in October and November 2012, and a similar notice was also published in the Tri-Valley Times on November 8, 2012 for the November Open House and for the Mitigated Negative Declaration public comment period. In addition, the City Council Agenda was mailed to those who provided written comments notifying them of the scheduled Council meeting. ATTACHMENTS: 1. Resolution Adopting the Mitigated Negative Declaration and Approving Preliminary Engineering Plans for the Dougherty Road Improvements Project 2. Project Location Map 3. Proposed Mitigated Negative Declaration 4. Mitigation Monitoring and Reporting Program 5. Proposed Mitigated Negative Declaration Appendices Page 4 of 4 PROPOSED MITIGATED NEGATIVE DECLARATION Dougherty Road Improvements �� � %L Prepared for l►r ��Ir t11 19 `` City of Dublin C ..tic?, `.. February 2013