HomeMy WebLinkAbout10-14-1985 Adopted CC MinREGULAR MEETING - October 14~ 1985
A regular meeting of the City Council of the City of Dublin was held on
Monday, October 14, 1985 in the meeting room of the DUblin Library. The
meeting was called to order at 7:33 p.m. by Mayor Peter Snyder.
ROLL CALL
PRESENT: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor
Snyder.
PLEDGE OF ALLEGIANCE
The Mayor led the Council, Staff and those present in the pledge of alleg-
iance to the flag.
CONSENT CALENDAR
Due to certain pages that did not get copied, the Minutes of the Regular
Meeting of September 23, 1985 were pulled from the Consent Calendar.
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the
Council took the following actions:
Approved City Treasurer's Investment Report for Period Ending Septemer 30,
1985;
Approved the revised lease agreement for the Shannon Community Center and
authorized the Mayor to execute the agreement;
Adopted
RESOLUTION NO. 110 - 85
ACCEPTING FOR THE PUBLIC, A DEED OF DEDICATION
FOR DONLON WAY TO BE USED AS STREET RIGHT-OF-WAY
and instructed the City Clerk to record these dedication documents;
Adopted
RESOLUTION NO. 111 - 85
ACCEPTANCE OF FINAL MAP
TRACT NO. 5388
RESOLUTION NO. 112 - 85
ACCEPT DEPOSIT IN LIEU
TRACT NO. 5388
CM-4-21 2
Regular Meeting October 14, 1985
Adopted
RESOLUTION NO. 113 - 85
ACCEPTING FOR THE PUBLIC A GRANT OF EASEMENT
(SLOPE & MAINTENANCE LANDSCAPING - TRACT NO. 4719)
Approved the hiring of Singer & Hodges, Inc., for the development of a park
development plan; Approved Option II which consists of an overall Park
Development Plan to include six sites: Shannon, Mape, Kolb, Dolan, Dougherty
Hills, East Dougherty Hills with a time frame of 6 months and a cost of
$18,500; Authorized the Mayor to execute the agreement;
Directed Staff to select a Planning Consultant for the Downtown Improvement
Plan and to prepare a draft contract and scope of service for City Council
approval prior to entering into the contract;
Rejected the one bid received for Contract 85-6, Annual Slurry Seal Program
and authorized Staff to readvertise this project at a more appropriate time;
Authorized the May6r to execute the agreement for Street Maintenance Services
with the Alameda County Public Works Agency;
Approved the two Tract Developer Agreements for Tract 4719 replacing the
existing single agreement for the same improvements;
Adopted
RESOLUTION NO. 114 - 85
APPROVING THE TRANSFER OF THE CITY'S PRIVATE ACTIVITY BOND ALLOCATION
FOR CALENDAR YEAR 1985 TO THE COUNTY OF ALAMEDA
Approved Warrant Register in the amount of $428,498.50.
PUBLIC HEARING
CAMP PARKS AREA PUBLIC LANDS PREZONING AND ANNEXATION
Mayor Snyder opened the public hearing.
On September 23, 1985, the City Council adopted a resolution approving the
Dublin Public Lands Prezoning and Annexation (Camp Parks Area) application
and introduced an Ordinance amending the Zoning Ordinance.
The application involves the prezoning and annexation of approximately 2,700
acres of land east of the City limits. The area would be prezoned to the
Agricultural and Planned Development-Industrial Districts.
No public comments were made.
Mayor Snyder closed the public hearing.
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Regular Meeting October 14, 1985
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the
Council waived the reading and adopted
~ORDINANCE NO. 25 - 85
AMENDING THE ZONING ORDINANCE TO PERMIT THE PREZONING OF REAL PROPERTY
LOCATED TO THE EAST OF THE EXISTING CITY LIMITS
PUBLIC HEARING
APPEAL OF PLANNING COMMISSION ACTION TO DENY CUP & SDR
GREAT WESTERN SAVINGS/HAGMAN ASSOCIATES
Mayor Snyder opened the public hearing.
On September 3, 1985, the Planning Commission held a public hearing on the
Great Western Savings application to use a gated, attendant controlled
parking lot for the office project being constructed at Dublin Boulevard and
Golden Gate Drive. The Great Western Savings office building will have
approximately 67,550 square feet of space in a 3 story structure on an
approximately 3.1 acre site. The parking lot will have 230 spaces. The
Planning Commission denied the application because of 1) potential traffic
back up on Golden Gate Drive from cars waiting to get past the attendant
booth and gate; 2) restricted access to required parking would conflict with
the Zoning Ordinance requirement that the parking spaces be continuously
accessible to any and all visitors to the site; 3) potential shift of
project-related parking onto the public street created by the restricted
access to the off-street parking spaces.
On September 12, 1985, Mr. Gilbert R. Reyes, Construction Manager for Great
Western Savings, appealed the Planning Commision action and on October 7,
1985, Ms. Maria Pracher, legal representative for Great Western Savings,
requested that the item be continued for one month to allow her' to review the
situation.
No public comments were made.
Mayor Snyder closed the public hearing.
On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote,
the Council continued this item until the November 12, 1985 City Council
meeting.
PUBLIC HEARING
TWO-HOUR COMMERCIAL TRUCK PARKING ORDINANCE
Mayor Snyder opened the public hearing.
At the regular City Council meeting on August 12, 1985, the City Council
continued the public hearing on the proposed restriction of long term
commercial truck parking. The Traffic Engineer has identified five areas
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Regular Meeting October 14, 1985
which support the need to restrict commercial vehicle parking. These include
safety, congestion, decreased pavement life, aesthetics and noise & fumes
created by parked trucks.
The City has also received complaints from property owners who object to the
long term parking of large vehicles on City streets.
Staff has been in contact with Ms. Carol Keller, a local owner/operator who
has been attempting to procure suitable parking areas. Ms. Keller has been
in contact with several of the property owners of vacant parcels in the City,
however, they have been unable to find anyone at this time who is willing to
develop their property in this manner. Ms. Keller has also contacted the
United States Army and is awaiting a response regarding the potential use of
Camp Parks.
The proposed ordinance is consistent with the manner in which the other
cities have addressed this issue. In addition, it will address the long
term storage of commercial vehicles on public streets in a comprehensive
.manner. If an ordinance affecting all streets is not adopted, Staff
anticipates that some of the commercial property owners may approach the
City Council and request restriction adjacent to their properties to
vehicles which are no more than 20 feet in length. This will require
additional signing and approach the matter in a random fashion. The proposed
ordinance as presented by the Traffic Engineer recommends the posting of
advisory signs at key entry points to the City. This would involve the
posting of no more than six locations.
Ms. Carol Keller, 11856 Dublin Green Drive addressed the Council and spoke on
behalf of approximately 15 independent truckers who reside in Dublin. Ms.
Keller asked for a time extension until April, when American City Truck Stop
has advised her that they will have space available.
Mr. Fred Lotse indicated that the Fair Board has not used the property at
Valley Avenue/Bernal for anything other than growing weeds for 15 months.
Mr. Lotse also addressed the drastic increases in all the various fees and
licensing charged to truckers, in addition to the insurance situation. Mr.
Lotse requested that truckers who live in Dublin be issued permits.
Mr. Ken Gray, Galindo Drive, felt there was more to this issue than simply
truck parking. Mr. Gray expressed concerned regarding the safety of children
when large trucks park in residential areas.
Mr. Ken Crisman, 8650 Galindo Drive indicated he has a problem when truckers
come down residential streets, fully loaded, traveling in excess of 35 mph.
Mr. Crisman felt that residential areas are no place for large trucks, but
industrially zoned areas are okay.
Ms. Laurie Petty, Shadow Place, representing the Ponderosa Homeowner's
Association indicated that the' CC&R's for the Ponderosa Homes allow no
parking of commercial vehicles in that residential area. Ms. Petty urged the
Council to adopt the ordinance restricting the large truck parking.
CM-4-21 5
Regular Meeting October 14, 1985
Mr. Baysul Parker, California Trucking Association addressed the Council.
Mr. Parker stated he represented approximately 2,500 members in California,
ranging from 1 truck owner~ to those that have thousands of trucks in a
fleet. Mr, Parker urged t~e Council to look at the imPact of this ordinance,
both from the standpoint of the City as well as to resident truckers. Mr.
Parker requested that more time be allowed the truckers to resolve this
situation.
Ms. Ann Vargas, 7296 Hansen Drive, felt the truckers should be declared an
endangered species. Many people will go broke before this situation is over.
Mayor Snyder questioned what American City Truck Stop will be doing.
Mr. Michael Davis, Dublin Green Court felt that many truckers are going out
of business. Mr. Davis stated that if the Dublin truckers stop hauling,
Dublin will stop eating.
Mr. Frank Soares, 8374 Cypress Court, agreed that large trucks parking in
residential areas is wrong, but questioned why they could not park by permit
in commercial areas.
Mr. Rich Enea, 6670 Amador Plaza Road, reminded the Council that they have a
problem in their commercial area with damage to the streets from trucks. Mr.
Enea presented several pictures showing various areas of damage.
Ms. Kathy Stymans, 11745 Casa Linda' Court reported that they had .started a
trucking business last year in September. Prior to starting their business,
they contacted an attorney regarding the laws of this area. They were told
there was no problem with them parking their truck in their own driveway.
Ms. Stymans felt that most truckers try to follow the rules.
Mr. Greg Erickson, Bedford Properties indicated his support of the ordinance
and felt that large trucks and all the problems associated with them hamper
an area.
Ms. Ann Vargas questioned why Bedford Properties wouldn't give them space to
park.
Mayor Snyder closed the public hearing.
Mayor Snyder indicated that since the last meeting in August, he has twice
addressed the Alameda County Mayors' Conference regarding the issue of truck
parking. This issue is not unique to Dublin. Several cities are very
concerned regarding the proliferation of truck parking in their cities. Ten
cities have fairly strict ordinances related to truck parking. One member of
the Board of Supervisors saw the possibility of gaining some extra revenue by
allowing parking on County property. Mayor Snyder indicated that the major
oil companies will be contacted to see what can be worked out. Supervisor
Campbell indicated at last Wednesday's Mayors' Conference meeting that
preliminary plans are underway for the development of a full-service.facility
west of the Altamont. A shuttle service to the west would be a part of the
application.
CM-4-21 6
Regular Meeting October 14, 1985
Cm. Moffatt reported that Mr. Rich Nelson from Chevron had advised him that
even though he was opposed to trucks parking at their facility, he would be
willing to allow more time for Dublin truckers to work out the problem.
Cm. Moffatt questioned the legality of registering truckers just from Dublin.
City Attorney Nave indicated that he would have to do some research to
determine if Dublin could designate certain industrial streets for Dublin
truckers only.
Mr. Parker pointed out that Section 22507 of the California Vehicle Code
states that preferential parking can be granted to residents.
Cm. Jeffery questioned if the City issued permits and a fee is required,
could this fee be designated toward any damage caused to the streets by the
trucks. City Attorney Nave indicated that the fees could go into the street
fund for repairs, etc.
Cm. Vonheeder admitted that the entire Council had anguished over this
situation and she didn't want to close the door on Dublin truckers. Cm.
Vonheeder indicated she would like to see parking by permit for the next 6
months as a compromise.
City Attorney Nave indicated that the Council could adopt the ordinance with
an effective date 6 months in the future, and this would obviate the need for
permits. After reviewing the Vehicle Code further, Mr. Nave stated he felt
that permits could be issued to Dublin truckers on a specific street only if
they owned a business on that particular street.
Cm. Hegarty indicated he did not feel it appropriate to adopt the ordinance
with a 6 month future effective date. The Council should wait and adopt the
ordinance at that time. The answer needs further study.
Ci~ty Attorney Nave stated that if the ordinance is adopted on an urgency
basis, it will require a 4/5 vote. If the urgency clause is removed, it can
be adopted by a simple majority.
Cm. Jeffery felt there were several things under consideration. Nothing
official has been submitted by the American City Truck Stop, and an ordinance
is needed.
Cm. Jeffery questioned the status of any application submitted by American
City. Planning Director Tong indicated that their application is being
reviewed through the site development review process. American City's
application has expired and an application for a new CUP has been submitted
but is incomplete.
Cm. Jeffery questioned if a condition could be added that a certain number of
slots be allocated to Dublin residents.
CM-4-21 7
Regular Meeting October 14, 1985
On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote,
the Council deleted the urgency clause, agreed to an effective date of
April 15, 1986, waived the reading and introduced an ordinance providing for
limited parking of certain commercially licensed vehicles.
The Council also reiterated that enforcement should be toughened so as to not
allow any truck parking in residential areas.
PUBLIC HEARING
LOADING ZONE (YELLOW CURB) AND NO PARKING ZONE (RED CURB)
ON GOLDEN GATE DRIVE
Mayor Snyder opened the public hearing.
Crown Chevrolet has requested a loading zone to allow auto transport trucks
Go unload without double parking on Golden Gate Drive just south of Dublin
Boulevard.
Crown's requested loading zone would be across the street from their site in
front of Great Western Savings on the west side of Golden Gate Drive, where a
driveway and an adjacent red zone (for a fire hydrant) would allow the trucks
to pull into the unloading zone.
Great Western Savings has indicated they would object to a loading zone on
either side of the street at this time. Crown Chevrolet has a five hundred
foot plus frontage on the east side of Golden Gate Drive. A total of 6 on-
street parking spaces would be removed as a result of this loading zone.
Staff recommended a loading zone at the south end of the frontage just north
of Crown's southerly driveway on the east side of Golden Gate Drive. A
twenty foot red zone would be established between the driveway and the
loading zone.
No public comments were made.
Mayor Snyder closed the public hearing.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the
Council waived the reading and adopted
ORDINANCE NO. 26 - 85
ESTABLISHING TRAFFIC REGULATIONS
(LOADING ZONES & NO PARKING ZONES ON GOLDEN GATE DRIVE)
PUBLIC HEARING
NO PARKING ZONES (RED CURB) ON REGIONAL STREET
Mayor Snyder opened the public hearing.
Woolworth Garden Center has requested red curbing adjacent to their driveway
CM-4-21 8
Regular Meeting October 14, 1985
in order to improve sight distance for cars leaving their driveway. Red
curbing is requested on both sides of the driveway. Staff concurs with this
request for a sight distance problem on a slight curve in the street. This
parking restriction will improve sight distance and facilitate right and left
turns out of the driveway. A total of two on-street parking spaces, one on
either side of the driveway would be removed.
No public comments were made.
Mayor Snyder closed the public hearing.
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the
Council waived the reading and adopted
ORDINANCE NO. 27 - 85
ESTABLISHING TRAFFIC REGULATIONS
(NO PARKING ZONES - REGIONAL STREET)
SPEED STUDY
DONAHUE DRIVE/LANDALE AVENUE
TJKM, the City's Traffic Engineering firm was directed to study requests by
residents related to speeding on Donohue Drive and Landale Avenue. The scope
of the study covers existing conditions, prevailing speeds, traffic counts,
accident history, citation experience, field review, petition of residents
and recommendations.
The residents of the area requested stop signs on Donohue Drive and Landale
Avenue. TJKM, however, points out that signs are ineffective for speed
control. Residents also requested "Watch for Children" signs. TJKM states
that "Watch for Children signs are ineffective, and may create less than safe
conditions by encouraging children to play in the street."
In discussing prevailing speeds TJKM states that: The 85th percentile speed
on Donohue Drive southbound was 34 mph in the morning and 37 mph in the
afternoon, on Donohue Drive northbound 37 mph, on Landale Avenue 30 mph.
Although these speeds indicate that a speed limit higher than the posted 25
mph speed limit might be appropriate, we do not recommend raising the speed
limit. The existing 25 mph speed limit is appropriate for Donohue Drive and
Landale Avenue because they are local, residential streets.
During the field review it was noted that about 50 percent of the vehicles
cross over the double yellow stripe on the curved portion of Donohue Drive
near Gardella Drive and Hillrose Drive. It was also found that some vehicles
cross the center stripe on the straight portion of Donohue between Irving Way
and Ironwood Drive.
Staff recommendations were to increase police enforcement which includes
speeding and stop sign violations; repaint the double yellow stripe on
Donohue Drive and Landale Avenue in the same locations; and install raised
reflective pavement markers along the outer edge of the existing double
CM-4-21 9
Regular Meeting October 14, 1985
yellow stripe (if the residents don't object). There might be local
objections for two reasons: 1) Noise levels are higher when cars run over
the markers; and 2) The markers effectively narrow the road and may increase
the likelihood of drivers hitting parked cars.
TJKM stated that the markers would "give a warning to drivers going too fast
for the curves. The sound and feeling of running over the markers should
cause some inattentive drivers to slow down".
Staff has talked to Mrs. Mary Rogers, one of the residents who wanted to have
a neighborhood meeting prior to this Council meeting. Ten copies of the
traffic study were made available to her, as well as an offer of staff time
to attend the meeting to explain the study and recommendations.
Mr. Dean Cook, 7577 Landale Avenue reported to the Council that he has had
several cars totaled in their front yard. Their neighbors also have had cars
totaled. Mr. Cook felt that stop signs on Landale Avenue at Ironwood and at
Sunwood would slow traffic.
Mayor Snyder indicated that he was a strong advocate of Mr. Kinzel's
recommendations. In the past, the Council has put up stop signs as a result
of residents' requests and later the Traffic Engineer's analysis of the
results were proven correct. The City spends a lot of money for the expert
opiniOn of a Traffic Engineer, and if that Engineer makes recommendations,
they are based on his expertise and experience in the field.
Cm. Moffatt felt that increased police patrol was needed, and perhaps the
Council should look toward adding a traffic patrol officer during the next
budget year.
Radar enforcement was discussed, and Cm. Jeffery felt this to be a perfect
area for utilization of radar.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the
Council authorized Staff to repaint the double yellow stripe on Donahue Drive
and Landale Avenue in the same locations and directed the Police Department
to increase enforcement in the area.
Cm. Hegarty made a motion which was seconded by Cm. Vonheeer to place a stop
sign at Ironwood Drive. This motion was defeated due to NO votes cast by Cm.
Jeffery, Cm. Moffatt and Mayor Snyder.
BART LIVERMORE-PLEASANTON EXTENSION STUDY SUPPLEMENTAL ANALYSIS
Bay Area Rapid Transit District has released a report analyzing the extension
possibilities for the extension from Pleasanton to Livermore. The analysis
provides a review of the alternatives and BART has requested comments.
The Council reviewed the report, indicating Dublin has already deferred
comments pending Livermore's comments with regard to route. Dollar figures
have not yet been presented. The Council expressed concern as to when BART
CM-4-220
Regular Meeting October 14, 1985
will be talking dollars related to the site for the Dublin station. The
concerns expressed are to be conveyed at the Technical Advisory Committee
level.
ENGINEERING SERVICES CONTRACT REVIEW
The City Manager undertook an evaluation of the Engineering Services
provided by Santina & Thompson and TJKM, and a copy of the evaluation was
presented for Council review. The key issues identified in the evaluation
were:
1) Increase in hourly rates to cover inflationary costs. Various rates are
being proposed by Santina & Thompson and TJKM for services to the City of
Dublin for the upcoming year. Lee Thompson has indicated that the average
rate increase is approximately 5.1% for those positions historically
utilized by the City. For TJKM the proposed rate increase is approximately
6.4%
Santina & Thompson has proposed rates that were effective for all of their
other clients on January 1, 1985, while TJKM has proposed rates that were
effective for their clients on March 1, 1985. This year Santina & Thompson
has proposed the rate structure be changed such that the City would be
charged 75% rather than 80% of their standard rate for general engineering
services. Santina & Thompson have further proposed that their standard
rates would apply toward work that is reimbursable by private developers.
No change is proposed in the method of changing rates by TJKM other than the
overall rate increase. It is further proposed that the proposed rate
schedules become effective from October 1, 1985 to June 30, 1986.
2) Santina & Thompson have indicated that they would be unable to bear the
cost of Errors and Omissions coverage necessary to meet the $1 million
provision of the engineering contract. The City. Attorney has indicated that
the City should require at least $500,000 in Errors and Omissions coverage.
This coverage can be obtained if the City is willing to pay the additional
cost of the coverage. The cost is $23,524 and will result in an additional
surcharge of $2.90 per hour over the standard rates quoted.
3) Staff identified a means by which the City could restructure its
existing agreement with Santina & Thompson inorder to achieve greater cost
savings in the provision of engineering service. This cost savings could be
achieved through the hiring of an employee to perform Public Works
Inspection services.
4) Santina & Thompson have recommended that separate agreements be entered
into between the City and TJKM inorder to reduce the cost of liability
insurance.
Cm. Hegarty questioned the liability aspect if the City were to hire a public
works inspector directly. He did not agree with the hiring of an inspector
at this time, but would rather monitor very closely, and consider next year.
Cm. Hegarty felt that Santina & Thompson have done a very good job, however,
Dublin does pay them very well.
CM-4-221
Regular Meeting October 14, 1985
Cm. Vonheeder felt that if there is a potential for saving-money, we should
go in that direction.
Mayor Snyder stated he agrees with the concept of remaining a contract City,
however, if the time is right, we may need to reconsider direction.
City Manager Ambrose stated he would not like to see the City put in the
position of making their decisions based on the conditions of the insurance
market.
Council consensus was to have Public Works inspection remain under the Engi-
neering contract rather than hire a direct employee to perform this function.
On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote,
the Council approved City payment of an hourly surcharge to increase Santina
& Thompson's Error & Omissions coverage to $500,000; approved rate changes
and authorized the Mayor to execute revised agreements.
OTHER BUSINESS
Bishop Ranch EIR
Cm. Vonheeder queried the Council with regard to the Mayor of San Ramon's
request that the Cities ask Contra Costa County to do an EIR on Bishop Ranch.
Mayor Snyder felt that Canyon Lakes impacts Dublin more than Bishop Ranch.
The Council requested that the Planning Director request the available
documents and do a preliminary review.
Mayor Snyder felt that Senior Planner Gailey was very knowledgeable in this
area and could perhaps clarify some points.
CLOSED SESSION
At 10:27 p.m., the Council recessed to a closed executive session to discuss
property negotiations (Imperial Freeholds site), in accordance with
Government Code Section 54956.8.
ADJOURNMENT
There being no further business to come before the C?~il, the meeting was
adjourned at 11:30 p.m.
/.,.'?'
ATTEST:
C~t rk
Regular Meeting
CM-4-222
October 14, 1985