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HomeMy WebLinkAbout09-05-2000 Adopted CC MinutesREGULAR MEETING - September 5, 2000 A regular meeting of the Dublin City Council was held on Tuesday, September 5, 2000, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:10 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. CLOSED SESSION 6:11 p.m. 10.1 (640~30) The Council recessed to a closed session to conference with Legal Counsel N Anticipated Litigation ~ Significant exposure to litigation pursuant to Government Code 54956.9 Subsection (C) N TWO cases. REPORT ON CLOSED SESSION ACTION At 6:44 p.m., the Council meeting reconvened with all Councilmembers present. Mayor Houston announced that City Council voted unanimously to initiate a lawsuit. The particulars will be disclosed once the lawsuit is filed. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 359 CIVIC CENTER LIBRARY DESIGN DEVELOPMENT 6:45 p.m. 3.1 (940-60) Parks & Facilities Development Manager Herma Lichtenstein advised that BSA Architects, the Library Design Consultants were present to present a synopsis of the plans, the finishes for the building, the updated cost estimate and current schedule status for the new Civic Center Library. Mark Schatz with BSA Architects, stated they are beginning to integrate all the details and refine before starting on the building documents. He explained the changes that have been made since the last presentation. With all the various changes, we are still at almost the same budget as before. The current construction budget is $8.7 million and total is $11.7 million, which is within amount budgeted. He discussed change order contingencies. Their goal is to complete construction documents by December and get ready to go out to bid for a late spring start on the building. They will build the shell of the entire 37,000 sq. ft., but about 10,000 sq. ft. wasn't scheduled to be completed at this time. They proposed items scheduled for the second phase be placed with the construction work that is done now. Complete all electrical and mechanical work, get the paint on the walls and finish off the ceiling in order to get materials consistent with the rest of the building. They would not complete the carpeting, floor electrical outlets, shelving and the window coverings. They would rethink how to put in the temporary walls. This would add approximately $250,000 to the phase I construction costs. Their estimated budget is still within the funding allocated. They hoped to get some opinions from the Council. Cm. Zika asked if they will have door access to this expansion space and if it would be safe to use it as storage. Mr. Schatz stated they would run the risk of getting them out even though they would love to use it for storage. It will only be useable space if carpeted. All the walls and ceilings will be finished. It will be on a separate thermostat zone so we don't have to heat or cool the area. Vice Mayor Lockhart asked what is happening with the windows in the unused space. Mr. Schatz stated they could put window coverings up; blinds would be a minor cost. The City Council concurred with this change. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 360 Paul Beamer discussed the various materials proposed for the building. The front sandstone is the same as used on the Civic Center. A range of colors with variation were displayed. The stone comes from the same quarry as the Civic Center stone. The interior pallet would compliment the exterior colors. Mayor Houston commented he felt the carpet was very dark and it doesn't appear to match the outside of the building. Mr. Beamer advised that the colors are a work in progress. The idea is that there will be a border with one or two of the colors that are in the pattern. Cm. Zika stated he would like to see more vivid colors. He would like to see more pizzazz or more flash. It's boring now. The consensus of the Council was that it looks great, but they should work on the color of the carpet. PRESENTATION FROM LAVTA REGARDING BUS SHELTER ART 7:12 p.m. 3.2 (900-50) Recreation Supervisor Bonnie Leonard advised that Mary DuFreene, Manager of Marketing and Public Affairs, Livermore Amador Valley Transit Authority, would make a visual presentation on bus shelter art. Mary DuFreene gave a presentation and stated they use Tucson as a model. We have 85 shelters in the WHEELS system and over 1,000 bus stops. Plexiglas and glass are very high maintenance for them. They are looking at ways to get away from using Plexiglas and glass. They are going for shelters with a peaked roof style. They would like to have a type of escrow account and have developers put funds in for bus shelters. They have student designed shelters. Several artist designed shelters were shown. A regular bus shelter costs $6,000. Tucson used STP Federal Funds; however, these funds are not available in the Bay Area. Cm. Zika questioned the costs and artist commissions. Ms. DuFreene explained the way that Tucson did theirs. Costs can be controlled. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 361 Mayor Houston asked if we put in a shelter and then need to make subsequent changes such as street widening, can they be moved. Ms. DuFreene responded that it would depend on the shelter. A standard one would be fairly easy to move. This could be build into the PEP process. Mayor Houston asked about the timeframe for doing something like this and using the PEP process. Ms. DuFreene responded that they could be in about springtime. It would be about a 6 month process. Vice Mayor Lockhart stated she appreciates the time LAVTA took on working with the City on this. They learned that we can be more creative. The opportunities are there and a shelter can be molded to our community or to a theme and it doesn't cost a lot of money to do something different and creative. We can work within a process and a price range and it shows a feeling of our community to everyone. It isn't as difficult as it looks to get it done. Cm. McCormick asked how the student project went in Livermore and if they were paid. Ms. DuFreene replied no, but they supplied $100 for materials and the art classes worked on them. Mayor Houston stated he would like to move forward with this. Vice Mayor Lockhart stated she would like to see us move forward also. We have about 15 shelters in town. Mayor Houston felt we should start in the downtown area. City Manager Ambrose stated we are in need of replacing 3 shelters, and they are on Dublin Boulevard near the underpass. Mayor Houston stated he doesn't like to see everything the same. Cm. Zika stated he would like to see the high school art class work on at least one of these. Mayor Houston summarized that the Heritage & Cultural Arts Commission should work with WHEELS to go forward with the 3 shelters that need replacement. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 362 Ms. DuFreene confirmed that they will be happy to work with the Arts Commission on this. INTRODUCTION OF NEW EMPLOYEES 7:35 p.m. 3.3 (700-10) The following new employees were introduced to the Council. Finance Department ~ Diane Stanley, Finance Technician I and Tami Garner, Office Assistant I. Police Services ~ Cheryl Wynn, Specialist Clerk. Parks & Community Services Department ~ Robert Beasley, Recreation Technician. Ms. Lowart advised that My Ngo, Office Assistant I would be introduced at the next City Council meeting. 7:38 p.m. Mark Breazeal stated he read a newspaper article about a new courthouse here in Dublin and they've been working on the architectural design for two years. Mr. Ambrose stated the City does not have an application at this time. The County would like to build it next to the County Jail. He stated he understands that there is currently no funding for it. · Mr. Breazeal stated he doesn't know where to take this. Is it a done deal? Will we have any input on the design of this building? Mayor Houston stated he understands in talking to some of the judges that the funding is not there yet. They, the County and the Courts, are looking at space needs and design now. He stated he thought that ultimately they would want an underground tunnel going directly from the jail, similar to the set up in Oakland. When they submit it, the plans can then be seen by everyone. They're doing preliminary work now. Until they submit it to the City, we don't know. Mr. Breazeal stated he would like comments from each of the Council with regard to whether they are for or against it. He also requested that Police Chief Thuman comment on it and state his opinion. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 363 Mayor Houston stated Mr. Breazeal should direct his comments to the Council. The City has not seen anything on it yet, and therefore, would not comment. Mr. Breazeal stated he thought it was a done deal. He would like to see residents be able to discuss it. The courthouse in Pleasanton seems to function quite well. Is this really what we want to improve Dublin's image? This thing is really moving ahead. He also questioned why it would be called the Pleasanton/Livermore/Dublin Court, when it is located in Dublin. Mayor Houston advised that when there is an actual application, the Council can then comment on it. CONSENT CALENDAR 7:45 p.m. Items 4.1 through 4.17 On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of August 15, 2000; Adopted (4.2 570~20) RESOLUTION NO. 150- 00 APPROVING NO PARKING ZONE ON NORTH SIDE OF AMADOR VALLEY BOULEVARD WEST OF IRON HORSE TRAIL Adopted (4.:3 600~60) RESOLUTION NO. 151 -00 and APPROVING FINAL MAP FOR TRACT 6961 (DUBLIN RANCH - NEIGHBORHOOD L-6) RESOLUTION NO. 152 - 00 ACCEPTANCE OF PARKLAND DEDICATION IN-LIEU FEES FOR FINAL TRACT MAP 6961 CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 364 and approved Tract Developer Agreement Adopted (4.4 515N60) RESOLUTION NO. 153- 00 AUTHORIZING FISCAL YEAR 2000-2001 FUNDING FOR THE "COMPUTERS FOR OUR SCHOOLS" PROJECT MATCHING MONEY AGREEMENT and authorized the City Manager to execute the Agreement; Approved (4.5 600-30) Consultant Services Agreement with Stephen N. North, CPSI for park play area evaluation and authorized the Mayor to execute the Agreement; Adopted (4.6 600-30) RESOLUTION NO. 154- 00 APPROVING THE IMPROVEMENT AGREEMENT WITH MSSH DUBLIN DEVELOPMENT FOR IMPROVEMENT OF DUBLIN RANCH NEIGHBORHOOD PARK and RESOLUTION NO. 155- 00 APPROVING THE IMPROVEMENT AGREEMENT WITH MSSH DUBLIN DEVELOPMENT FOR IMPROVEMENT OF DUBLIN RANCH NEIGHBORHOOD PARK CREEK Approved (4.7 600~35) Budget Change and adopted RESOLUTION NO. 156- 00 AWARDING CONTRACT 00-11 FIRE STATION SURFACE SEALING TO T.A.S.K., INC ($28,250) CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 365 Adopted (4.8 670~40) RESOLUTION NO. 157- 00 SUMMARILY VACATING AN EMERGENCY VEHICLE ACCESS EASEMENT LOCATED ON LOT 114 OF TRACT 6960 (DUBLIN RANCH NEIGHBORHOOD L-5) (STREETS AND HIGHWAYS CODE CHAPTER 4) Adopted (4.9 600~60) RESOLUTION NO. 158- 00 APPROVING PARCEL MAP 7580 and approved Tract Developer Agreement with Wilcox Development Services, Inc.; Adopted (4.10 600~40) RESOLUTION NO. 159- 00 APPROVING THE AGREEMENT REGARDING RECYCLED WATER PUMP STATION R20A AT DUBLIN RANCH NEIGHBORHOOD PARK and authorized the Mayor to execute the Agreement; Accepted (4.11 600~35) improvements under Contract 00~03 (Dublin Swim Center Mechanical Building Renovation); authorized the release of $23,065.70 retention after 35 days if there are no subcontractor claims; and approved the Budget Change; Authorized (4.12 350~20) Staff to distribute Request for Proposals to qualified dealers for Police Patrol Vehicles, approved the Budget Change; and adopted RESOLUTION NO. 160- 00 WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF TO PURCHASE TWO POLICE PATROL VEHICLES DIRECTLY FROM SHAMROCK FORD Adopted (4.13 600 ~ 30) CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 366 RESOLUTION NO. 16t - 00 APPROVING THE IMPROVEMENT AGREEMENT FOR IMPROVEMENTS OF A PORTION OF SCARLETT DRIVE (DUBLIN NISSAN) and authorized the Mayor to execute the Agreement; Adopted (4.14 600-30) RESOLUTION NO. 162- 00 APPROVING AGREEMENT WITH ASSOCIATED RIGHT OF WAY, INC., FOR UPDATE OF VALUATION ANALYSIS REPORT SERVICES and authorized the Mayor to execute the Agreement; Approved (4.15 600-35) Change Orders #14 ~ #22 ($37,589) related to Contract 99-13, Civic Center Renovation/Expansion (NV Heathorn, Inc., General Contractors); Adopted (4.16 600-40) RESOLUTION NO. 163- 00 SECOND MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF DUBLIN, DUBLIN UNIFIED SCHOOL DISTRICT, AND ALAMEDA COUNTY SHERIFF'S OFFICE FOR APPLICATION OF A FEDERAL GRANT FOR SCHOOL RESOURCE OFFICER and authorized the City Manager to execute the MOU; Approved (4.17 300-40) the Warrant Register in the amount of $3,819,955.57. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 367 PUBLIC HEARING TRUMARK COMPANIES SCARLETT DRIVE DUPLEXES PA 99-030 7:45 p.m. G.1 (450-30) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that this is the second reading of an Ordinance which would approve a Planned Development Rezone for a new GO~unit duplex development to be located on the vacant Southern Pacific Railroad right-of~way (Dougherty Road @ Houston Place). No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Zika stated he was concerned about commercial property being rezoned for residential, traffic in this area that is already at gridlock, and also we've lost 3 affordable housing units. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by majority vote, the Council waived the reading and adopted ORDINANCE NO. 19- 00 AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF DOUGHERTY ROAD, IMMEDIATELY SOUTHEAST OF THE PARK SIERRA APARTMENT COMPLEX AND FURTHER IDENTIFIED AS APN 941-550-22-5 TO A PLANNED DEVELOPMENT ZONING DISTRICT, ESTABLISH GENERAL PROVISIONS AND ADOPT A DEVELOPMENT PLAN FOR PA 99-030, TRUMARK COMPANIES - SCARLETT DRIVE Cm. Zika voted in opposition to the motion. PUBLIC HEARING ~ CONSIDERATION OF APPEAL OF PLANNING COMMISSION APPROVAL OF 7-ELEVEN CONVENIENCE STORE AND GAS STATION PA 99-021 7:47 p.m. 6.2 (410-30) Mayor Houston opened the public hearing. Associate Planner Anne Kinney presented the Staff Report and advised that the City Council will consider on appeal, the Planning Commission approval of 7-Eleven's request to allow a new convenience store and four-pump gas station on the southwest comer of Dougherty Road and Amador Valley Boulevard. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 368 Councilmember McCormick stated in her appeal letter that her reason for the appeal is the presumption that the action of the Dublin Planning Commission will have a significant and material effect on the quality of life within the City of Dublin. Ms. Kinney stated under the City's Zoning Ordinance, the City Council may affirm, affirm in part, or reverse the action of the Planning Commission, based upon findings of fact. Findings shall identify the reasons for the action on the appeal, and verify the compliance or nonNcompliance of the subject of the appeal with the provisions of the Appeals Chapter of the Zoning Ordinance. The City Council may adopt additional conditions of approval that address the specific subject of the appeal. In summary, Ms. Kinney stated based upon the Planning Commission Staff Report and Minutes for the August 8, 2000 public hearing, Staff requests that the City Council evaluate the proposed project and either affirm or reverse the action of the Planning Commission. Martin Inderbitzen 7077 Koll Center Parkway representing the applicant stated there were several people present to address the issues, including a representative from 7~ Eleven, architects and noise consultants. Jeff Hetherington, representing 7~Eleven will provide an update on public safety and crime prevention program that they have. Jeff Hetherington stated he is the Division Loss Prevention Manager for 7~Eleven stores. He hoped to put at ease concerns of public safety. It's important to separate the new store concept from existing or old store concepts. They've learned things from their old stores that help them go forward with their new stores. The design is important. Their displays are lower and the overall design of the stores have been greatly improved with regard to environment. The lighting nowadays is much more effective and efficient. With regard to security, customers and employees need to feel safe in their stores. Through training offered to employees, they are really the watchdogs for a safe environment. Their program, Operation Alert, is the model for all convenience stores in the United States. Their employees are trained and ready to react; prevention and reaction. Cm. Zika ask why it is so critical that they be open 24 hours a day. Mr. Hetherington stated the expectation of the customer base that they attract is that this is a 24 hour business. More than 50% of their stores operate with 2 employees rather than just one. Most of their products are geared toward fresh foods. Cm. McCormick asked generally what do people purchase between midnight and 6 a.m.? CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 369 Mr. Hetherington responded that they buy food products, general groceries, and things consistent with what you would get at a fast food place, or immediately consumable items. There is a niche market and they provide high demand items in their stores. Cm. Zika stated the main issue is hours of operation. He asked if they would accept a condition allowing 24 hours operation for 1 year, subject to review based on concerns of traffic, safety and noise. Mayor Houston felt if there is a violation a CUP could be revoked at any time. Mr. Inderbitzen addressed the fact that the 7~Eleven Corporation is very focused on the 24 hour operation. This is what attracted them to this site. The City couldn't get the assurances they've provided with an independent operator with regard to safety. A condition of one year is pretty tight. He felt they would be willing to work with the City on this. Cm. McCormick stated her concern is she sees these convenience stores as a crime magnet since it is somewhat isolated. She felt it would require extra cops to police this. Mr. Hetherington stated her concerns are exactly the same concerns they have. Their expectations go beyond even the 14 points outlined by the police. This will be a corporate run operation rather than a franchise. They will take a leadership roll in working with the City on any image or crime problems. Vice Mayor Lockhart asked if 7~Eleven has a policy related to loitering. Mr. Hetherington stated they do not tolerate or approve of loitering in any way at their facilities. They have a 24 hour hotline system that allows them to report loitering. Cm. Howard asked, since they seem to cater to fresh foods, if they would consider not selling alcohol between midnight and 13 a.m. Mr. Hetherington stated this certainly would be acceptable to them. Cm. McCormick asked if closing during those hours would be considered a deterrent for problems. Mr. Hetherington stated when necessary, they have supported those kinds of things. He discussed a situation in Sacramento County where they closed a store near a dance hall that closed at 4 a.m. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 370 Vice Mayor Lockhart stated in reading the description of this project going back to 1986, she questioned if this approval was done with or without gas pumps. Mr. Inderbitzen discussed the history of the PD submittals. They were willing to go through the CUP process to allow Staff to thoroughly address all the issues. It's a technical/legal issue as to whether they are entitled to gas pumps, but since they are using the CUP process, it becomes insignificant. Ms. Kinney discussed access to the site. Mayor Houston stated he felt this is a convenience store, and if it is not convenient for people to get into, they will go elsewhere. They won't go through a lot of gymnastics to get there. Brian Hirahara stated access is also very important to 7~Eleven. He spoke with the City Engineer and was told that U~turns are allowed on both Dougherty Road and on Amador Valley Boulevard. Ms. Kinney stated there are 7 parking spaces planned. Sylvia Kaiser, 7066 Chantilly Drive stated she opposes the store. How many convenience stores does Dublin need? There are 5 within one mile. She stated she can't imagine any reason for someone to be at a convenience store at 2 o'clock in the morning. There is right now, a lot of traffic on Dougherty Road. This is an accident waiting to happen. John Branch, Cottonwood Circle, stated he is opposed because of traffic issues. Amador Valley Boulevard is a major thoroughfare. A 7~Eleven at that location will make traffic very bad. Mark Breazeal stated he is familiar with gas stations and units such as this. They should consider a pizza place, Laundromat, and other services on the site. He stated he was happy we will have more competition with gas prices. Shell Oil tries to maximize gas prices in the area. He agreed with Mr. Zika about doing reviews every 12 months. We could reconsider later. He warned that Southland Corporation plays hardball. He wanted to forewarn the Council of this. Working with the residents is very important. He would like to see 2 or 3 other little commercial units connected with this. Kitstin Edison, Cottonwood Circle, stated traffic is a really major concern with this issue. This has become a major thoroughfare since the opening of BART. Getting out onto Areadot Valley Boulevard from Wildwood Circle is very difficult right now. This is not proper consideration for the increased traffic. Dougherty Road gets really backed up CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 371 some mornings. The side streets really don't have the access for making the U-turns. We have a lot of convenience stores very close and she stated she doesn't really see the need for this at this location. This is a very small parcel and she as a citizen is very concerned about the environmental impact. Thoro's a service station on a much larger parcel on Amador Valley Boulevard that's been vacant for years now. She is very very opposed. She also commented that she had received only one notice in the mail related to this project. Mayor Houston closed the public hearing. Cm. McCormick stated she also was concerned environmentally about the gas pumps. Mayor Houston reopened the public hearing and asked for comments on the safety of gas pumps and tanks. Mr. Inderbitzen stated a lot of the older stations had problems with underground tanks that had to be removed and replaced. With regard to traffic, there would be 822 trips a day into this location. This is existing trips, not new trips. There will also be a lot of walking trips. Tom Greenland, Real Estate Manager for 7-Eleven stated he lives here in the Tri-Valley. Everything they do is double wall containment and monitored. If there is a leak, it leaks into the second tank. Mayor Houston again closed the public hearing. Vice Mayor Lockhart stated she appreciates Cm. McCormick bringing this up again. Mr. Inderbitzen is right, a lot of people will have the ability to walk to this site. The improvements coming to Dougherty Road will also help and the eventual changes will make a difference. Most of the traffic going there will be passing by traffic. If we were to stop selling alcohol at midnight, we could 'probably do away with some of the detractions. We could closely monitor the loitering and it could truly be a convenience for the neighborhood. She stated she will support it. Cm. Zika talked about the vacant gas station on Village Parkway @ Amador Valley Boulevard which is owned by Tosco Refinery. He stated he will support the request and likes the idea of not selling booze from midnight to 6 a.m. This will not add to the traffic. That site has always been for a convenience store and a couple of proposals included a gas station. He stated he supports the amendment related to not selling booze from midnight to 6 a.m. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 372 Vice Mayor Lockhart stated she felt we need to look at the U~turn issues carefully and spell it out real clear. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by majority vote, the Council adopted (with modification of no selling of alcohol from midnight to 6 a.m.) RESOLUTION NO. 164- 00 AFFIRMING THE ACTION OF THE PLANNING COMMISSION REGARDING PA 99-021 7-ELEVEN CONVENIENCE STORE AND GAS STATION, CONDITIONAL USE PERMIT TO PERMIT THE CONSTRUCTION AND OPERATION OF A GAS STATION AND TO AMEND THE PD PLANNED DEVELOPMENT DISTRICT REGULATIONS TO ESTABLISH SETBACK STANDARDS AND SITE DEVELOPMENT REVIEW FOR A NEW 2,800 SO. FT. CONVENIENCE STORE AND FOUR-PUMP FUELING STATION AT A VACANT LOT ON THE SOUTHWEST CORNER OF DOUGHERTY ROAD AND AMADOR VALLEY BOULEVARD Cm. McCormick voted in opposition, stating she was still opposed to having it open 24 hours. RECESS At 8:50 p.m., Mayor Houston called for a short recess. The Council meeting reconvened at 9:00 p.m., with all Councilmembers present. PUBLIC HEARING CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN REAL PROPERTY AT 6301 SCARLETT COURT FOR THE WIDENING OF DUBLIN BOULEVARD BETWEEN DOUGHERTY ROAD AND SCARLETT DRIVE 9:00 p.m. 6.3 (670~20) Mayor Houston opened the public hearing. Public Works Director Me Thompson presented the Staff Report and advised that a portion of this parcel is needed for the widening of Dublin Boulevard to 6 lanes. This acquisition is the last of the three parcels required for the project. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 373 Two options available to the City are 1 ) removal of the rear 32' and reconstruction of the remainder of the building (cut and reconstruct), or 2) demolition of the entire building. Mr. Thompson stated an architectural and construction firm has provided Staff with an estimate of $375,841 to do the cut and reconstruct. This amount, together with the compensation due to the property owner for the property and a temporary construction easement, amounts to $572,775. Compensation to the property owner for the second option is estimated at $210,402 plus the value of the fee for a total of $398,675. There will be an additional cost of $100,000 to demolish the entire building, thus, the total cost of the second alternative is $498,675 plus any cost for relocation. Comparing the costs of the two options, it is least expensive to demolish the entire building. In addition, option 2 would save the City approximately 6 to 8 months in widening this section of Dublin Boulevard. The costs of the land acquisition are being paid for through Eastern Dublin Traffic Impact Fees. Mr. Thompson discussed the findings that must be made for the Council to adopt the Resolution of Necessity. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 165-00 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS (ASSESSOR'S PARCEL NO. 941-0550-016-02 (PORTION) PEGASUS DEVELOPMENT SPECIFIC PLAN AMENDMENT STUDY REQUEST 9:02 p.m. 8.1 (410~55) Community Development Director Eddie Peabody presented the Staff Report and advised that Pegasus Development Company is requesting City Council authorization to initiate an amendment study to the San Ramon Road Specific Plan for the purpose of developing up to a fourNstory office building on three properties located within Area 3 of the San Ramon Road Specific Plan. Specifically, the applicant wishes to change the retail shopper goods land use designation of the SRRSP to allow office and other retail uses. The study CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 374 would include 3 parcels located between Amador Valley Boulevard and the north property line of the old Dublin Fishery. This includes 1.3 acres owned by John Nichandros; .43 acre owned by Michael Perkins (site of Sleep Shop Ltd. store); and 1.5 acres owned by Irwin Eskanos (site of old Dublin Fishery). Issues: 1 ) Should the comparison retail designation as presently designated for these sites be preserved along San Ramon Road: 2) Is office use appropriate for this area? 3) Would office use at this proposed intensity be appropriate given the present streetscape of lower intensity buildings along San Ramon Road? 4) Will a stepped up to four story office use be compatible with the Kildara neighborhood to the west and adjacent commercial areas? Mayor Houston clarified that this is just authorization to study this. He stated he felt it is definitely worth studying. Cm. Zika stated he was concerned about a 4 story building. He would have to see what it looks like. He hopes the applicant is aware of the earthquake fault that runs through there and the utility easement. He stated he's reluctant with regard to the height of the building. Vice Mayor Lockhart stated she felt times change and so do needs in the community. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 166- 00 INITIATING THE PEGASUS SPECIFIC PLAN AMENDMENT STUDY 2000 DUBLIN PASTA FESTIVAL 9:11 p.m. 8.2 (950-40) Recreation Supervisor Paul McCreary presented the Staff Report and advised that Eckerstrom Productions was retained by the City to produce the 2000 Dublin Pasta Festival, which will be held October 7-8, from 10 a.m. to 6:00 p.m. The producer is requesting further direction from the Council on the artwork for the event logo. Three conceptual line drawings were presented by Artist Karen Mason for consideration. CITY COUNCIL MINUTES VOLUME 10 REGULAR MEETING September 5, 2000 PAGE 375 Mr. McCreary discussed the necessary road closures and detours and advised that in addition, the promoter is working with WHEELS and BART to arrange for a shuttle between the BART station and the festival site. Details regarding the shuttle and handicapped parking will be printed in the event advertising, as well as posted on the City's website and event hotline. Cm. McCormick stated she wished to submit a potential logo drawing for consideration. Vice Mayor Lockhart asked about the type of music that would be there and stated she liked the combination of the pasta and jazz festival. Mayor Houston stated he liked Cm. McCormick's idea. Vice Mayor Lockhart and Cm. Zika both stated they liked illustration A. Vice Mayor Lockhart suggested that they add a saxophone and say jazz. Cm. Zika stated he would go along with Cm. McCormick's design. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council selected the artwork done by Cm. McCormick, represented as illustration D, as the official logo and directed that the artist work with the creator to finalize the design. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 167- 00 AUTHORIZING TEMPORARY STREET CLOSURES FOR THE 2000 DUBLIN PASTA FESTIVAL CONSULTANT SERVICES ~ FREEWAY UNDERPASS ART PROJECT 9:19 p.m. 8.:3 (600~30) Recreation Supervisor Bonnie Leonard presented the Staff Report and advised that the Freeway Underpass Art Capital Improvement Project provides for the services of an art consultant. The project is deemed significant and warrants an art professional to shepherd the process from selection of the artwork through final installation. Staff has negotiated an agreement with Lynne Baer who has consulted with the City on a variety of other public art projects. The total fee to be paid over a 2~year period is $44,095. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 376 Ms. Leonard stated in keeping with the selection process established for Public Art for the Civic Center Library, Staff recommended that an Art Selection Committee e appointed. The suggested make-up of the Committee would be: Two representatives from the downtown business community; two representatives of the Heritage & Cultural Arts Commission; and three representatives from the community at-large. Non-voting members of the Committee would include the Art Consultant and City Staff. Openings for the Committee would be advertised in the newspaper, on Community Cable Television, and in the Chamber of Commerce newsletter. The Mayor, with the approval of the City Council, would appoint the Committee. Ms. Leonard explained that the selection process for the artwork concepts will begin with a call for RFQs. The Art Selection Committee will review the RFQs and recommend an artist to the Heritage & Cultural Arts Commission and the City Council for approval. The selected artist will have 3 months to develop the specific artwork and installation plan for each underpass. Due to the community~wide exposure of this project, the art consultant recommends a proactive approach to soliciting community input. A portable model of the project would be available at community festivals, club meetings and other public gatherings during the selection process. Ms. Leonard discussed the proposed timeline. Construction and installation of the artwork would actually occur between October 2001 and May 2002. Mayor Houston asked if, with regard to the makeup of the committee, there was thought given to having one Councilmember be on the committee? He would like to see someone from the Council on it and then have 2 community members instead of :3. The total number would remain the same. Vice Mayor Lockhart stated she felt the timeline looks great. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council approved and authorized the Mayor to execute the agreement with Lynne Baer and approved the formation of an Art Selection Committee and authorized Staff to solicit representatives with the change in make-up of the Committee as discussed. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 377 OTHER BUSINESS 9:23 p.m. Cm. McCormick stated she was glad to be home from her trip and presented everyone with bugs from Shanghai. Vice Mayor Lockhart, Cm. Howard, Cm. McCormick and Cm. Zika all reported that they will be attending the annual League of California Cities conference in Anaheim this week. Mr. Ambrose will also attend. Mayor Houston stated he will be in town, and Diane Lowart will be Acting City Manager during Mr. Ambrose's absence. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:25 p.m. A'ITEST: ~ Mayo~~r CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING September 5, 2000 PAGE 378