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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. CM- 4-21 3 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 CM-4-21 4 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