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Home My WebLink About84-082 Winning Action Invest, Inc (Amercn City Truck Stop) CITY OF DUBLIN " PLANNING COMMISSION AGENDA STATEHENT/STAFF REPORT Meeting Date: January 7, 1985 FROM: Planning Commission Planning Staff -r9 tr TO: SUBJECT: PA 84-082, Winning Action Investment, Inc., (American City Truck Stop) Conditional Use Permit application to allow the continued operation of a truck stop and weigh station at 6117 Dougherty Road GENERAL INFORMATION PROJECT: A request by Winning Action Investments for a Conditional Use Permit to allow the continued operation of a truck stop and weigh station at 6117 Dougherty Road. APPLICANT AND REPRESENTATIVE: Fred Houston 6117 Dougherty Road Dublin, CA 94568 PROPERTY OWNER: Winning Action Investments, Inc. 7045 Dublin Blvd. Dublin, CA 94568 LOCATION: 6117 Dougherty Road Dublin, CA 94568 ASSESSOR PARCEL NUMBER: 941-205-16 PARCEL SIZE: Approximately 5 acres EXISTING ZONING AND LAND USE: PO, Planned Development allowing both Light Industrial (M-l) and General Commercial (C-2) uses. Present land use consists of a truck stop and weigh station. SURROUNDING LAND USE AND ZONING: North: South: East: West: Lumber Yard, PD allowing M-l and C-2 uses Brake Shop, and vacant, M-l and PD Flood Control Channel and Railroad Bowling Alley, C-2 ZONING HISTORY: 3-4-81 - Alameda County approved a Conditional Use Permit (C-3973) for the existing truck stop and weigh station; 7-11-82 - The Dublin Planning Commission approved a tentative parcel map (PA 83-016) for the site. The parcel map has not yet been recorded. 7-2-84 - The Planning Commission granted a six month extension for the Conditional Use Permit (PA 84-006) previously granted by Alameda County APPLICABLE REGULATIONS.: Section 8-51.3 states that a truck stop and weigh station may be considered as a Conditional Use in an M-l District. Section 8-51.10 states that open areas used for storage shall be enclosed by a solid wall or fence with a minimum height of six feet. ------------------------------------------------------------ ITEM NO. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. section 8-94.4 states the approval of a conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions. ENVIRONMENTAL REVIEW: Declaration adopted for application be utilized Staff recommends that the Negative the previous Conditional Use Permit for this request. NOTIFICATION: Public Notice of the January 7, 1985, hearing was published in the Tri-Valley Herald, mailed to adjacent property owners, and posted in public buildings CONTINUANCE REOUEST: Mr. Byrnes, an attorney representing the adjacent property owner, has submitted material that both opposes Mr. Houston's application and requests a continuance of the hearing (see Attachment 2). The material in opposition relates to previous issues addressed by Staff (chemical pollution, drainage and flooding). These items have either been corrected or will be corrected through the Conditional Use Permit. Concerning a request for a continuance of the hearing, a few items need to be pointed out. First, the Ci ty records indicate that !-lr. Billings was sent a notice on December 21, 1984, of the January 7, 1985 hearing and second, I-'lr. Byrnes office was notified of the hearing on December 18, 1984. This notification exceeds the required 10-day notice. Nonetheless, due to the significant concerns expressed by Mr. Byrnes, and the fact that the property owner is out of the state, Staff would recommend that the hearing be continued to January 21, 1985 ANALYSIS: Mr. Houston is requesting an extension of a Conditional Use Permit which was originally granted by Alameda C~unty on March 4, 1981 and \~hich was extended by the Dublin Planning Commission on July 2, 1984. When the Dublin Planning Commission extended the Conditional Use Permit they did so with 13 conditions. Listed below are the 13 conditions along with the Staff comments as to whether the conditions have been complied with. 1. Grant the necessary dedication and install the appropriate frontage improvements along Dougherty Road to the specifications of the City Engineer. Staff Comment: :{as no-t been complied ~lith. 2. Install AC paving from the future right of way line to a point approximately 100 feet east of the shop building, to the specifications of the City Engineer. Staff Comment: Has not been complied \~i th. 3. Install "chipseal" from the AC paving to the existing fence running north-south to the rear of the site to the specifications of the City Engineer. -2- Staff Comment: Has not been complied with. 4. Provide an acceptable parking area for office and truck employees to the specifications of the Planning Department and City Engineer. Staff Comment: Has not been complied with. 5. Provide an acceptable drainage system to the specifications of the City Engineer. Staff Comment: Has not been complied with. 6. Submit a landscape and irrigation plan for approval by the Dublin Planning Department. Said plan to be prepared by a licensed Landscape Architect. Staff Comment: Has not been complied with. 7. Install a screening fence around the perimeter of the site from the future right of way line to the north- south fence to the rear of the site. Said fence to be approved by the Planning Department. Staff Comment: Has not been complied with. 8. Remove all the abandoned vehicles and debris which is being stored on the site at the direction of the Building Official. Staff Comment: Has substantially been complied with. However, there are still some vehicles which need to be removed. 9. Correct all Building and Fire Code violations at the direction of the Building Official. Staff Comment: The Fire Code violations have been corrected, but not the building violations. The Building Official stated that the applicant has never contacted him. 10. The area to the east of the north-south fence shall not be utilized for any use or storage without the prior approval of the Planning Department. Staff Comment: Has not been complied with. presently being used has a parking area and trucks; specifically Admiral Vans. This area is storage area for 11. Comply with Alameda County Flood Control requirements as approved by the City Engineer. Staff Comment: Has not been complied with. 12. The applicant shall submit a faithful performance and warranty bond for the required public improvements within 60 days and complete the required improvements in 180 days at the direction of the City Engineer. Staff Comment: Has not been complied with. 13. The applicant shall complete the required private improvements within 180 days at the direction of the Planning Director. Staff Comment: Has not been complied with. In December of 1984, the City Council approved Mr. Houston's Parcel Map, however at this time the Parcel Map has not been recorded and the bonds for the public improvements have not been submitted. As noted in the 7/2/84 Staff Report for PA 84-006, -3- there is no assurance that the applicant will record the Final Parcel llap and install the improvements required by it. If the use permit is to be extended, there needs to be formal assurances that the required private and public improvements will be installed. The assurance could take the form of a cash deposit which would cover the cost of installing the public and private improvements as indicated in Conditions 1 through 13 noted above. Mr. Houston's engineer could prepare a cost estimate for the required public and private improvements. This estimate would be reviewed and approved by the Planning Department and City Engineer. Immediately after the approval of the estimate, a cash deposit to cover the required improvements would be submited. If the improvements were not installed by a specified period (90 days), the applicant would either have to close his operation or the City could be in a position to contract the improvements out and pay for them with the deposit. If the Parcel map is recorded, a cash deposit would be needed only for the public improvements. RECOlmENDATION: Staff recommends that the Planning Commission continue this item until the January 21, 1985 hearing to enable Mr. Byrnes and Mr. Billings an opportunity to speak on this matter. If the Planning Commission desires to hear this item at this meeting, Staff would recommend the following format: FORr-1AT: 1. Open public hearing and hear staff presentation. 2. Take testimony from applicant and the public. 3. Question staff, applicant and the public. 4. Close public hearing and deliberate. 5. Adopt resolution extending the Conditional Use Permit or direct Staff to make revisions and continue hearing ATTACHl-IENTS Exhibit A - Draft Resolution Approving the Conditional Use Permit Extension Exhibit B - Site Plan Attachment 1 - Minutes of July 2, 1984 Planning Co~~ission Neeting Attachment 2 - Negative Declaration Attachment 3 - Resolution Approving PA 84-006 Attachment 4 - Letter and background material from Bryant Byrnes, Attorney at Law, requesting a continuance and opposing extension COPIES TO Applicant City Engineer BID -4- EXHIBIT "A" RESOLUTION NO. ----------------------------------------------------------------- A RESOLUTION OF THE PLANNING COI~lISSION OF THE CITY OF DUBLIN APPROVING PA 84-082, WINNING ACTION INVESTMENTS, INC. REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A TRUCK STOP AND WEIGH STATION AT 6117 DOUGHERTY ROAD WHEREAS, Fred Houston, representing Winning Action Investments, filed an application for a Ccnditional Use Permit to allow the continued operation of a truck stop and weigh station at 6117 Dougherty Road, and; WHEREAS, the Planning Commission did hold a public hearing on said application on January 7, 1985, and; WHEREAS, proper notice of said public hearing was given in all respects as required by law, and; WHEREAS, a Negative Declaration has been prepared and adopted for a previous application in accordance with the provisions of the California Environmental Quality Act and will be utilized for this request, and; \iHEREAS, a Staff Report was submitted recommending the application be conditionally approved, and; WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby find: a. The use is required by the public need to provide a truck stop and weigh station. b. The use would be properly related to other land uses and transportation and service facilities in the vicinity as day time and early evening activities would be commensurate with the present use of properties in the area. c. The use, if permitted under all circumstances and conditions of this particular case will not materially affect adversely the health, safety or persons residing or working in the vicinity or be materially detrimental to the public welfare or injurious to property or improvements in the area, as all applicable regulations will be met. d. The use will not be contrary to the specific intent clause or performance standards established for the district in which it is to be located as a truck stop and weigh station with limited impacts is consistent with the character of the industrial district. e. The approval of the use permit will be consistent with the draft policies in the Dublin General Plan. f. Should the Conditional Use Permit ultimately be found to be inconsistent with the Draft General Plan, there is little or no probability that the use will be detrimental or interfere with the future General Plan. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve said application as shown on Exhibit "e" on file with the Dublin Planning Department and subject to the following conditions: -1- 1. The applicant's engineer shall submit a written estimate of the cost of the required public and private improvements ~Iithin 30 days. Said estimate shall be approved by the Planning Director and City Engineer. A cash deposit equal to the estimate plus 15% shall be submitted within 45 days. If the parcel map is recorded within 45 days, the cash deposit would relate only to the private improvements. 2. Grant the necessary dedication and install the appropriate frontage improvements along Dougherty Road to the specifications of the City Engineer. 3. Install AC paving from the future right-of-way line to a point approximately 100 feet east of the shop building to the specifications of the City Engineer. 4. Install "chipseal" from the AC paving to the existing fence running north-south to the rear of the site to the specifications of the City Engineer. 5. Provide an acceptable parking area for the office and truck employees to the specifications of the Planning Department and City Engineer. 6. Install an acceptable drainage system to the specifications of the City Engineer. 7. Submit a landscape and irrigation plan within 30 days, for approval by the Planning Department; said plan to be prepared by a licensed landscape architect. Said landscaping, including irrigation, shall be installed within 90 days of Planning Department approval. 8. Install a screening fence around the perimeter of the site from the future right-of-way line to the north-south fence to the rear of the site; said fence to be approved by the Planning Department. 9. Remove all the abandoned vehicles and debris which is being stored on the site at the direction of the Building Official. 10. Correct all Building Code violations at the direction of the Building Official. 11. The area to the east of the north-south fence shall not be utilized for any use or storage without the prior approval of the Planning Department. , 12. The applicant shall complete the required public and private improvements within 90 days at the direction of the City Engineer and Planning Director. 13. This approval shall remain in effect until April 15, 1985 and shall be revocable for a cause in accordance with Section 8-94.7 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED THIS , 1985. th DAY OF AYES: NOES: ABSENT: Planning Commisslon Chalrman ATTEST: Planning Dlrector -2- ;- -~"., . -:..'..', ,_.~~:i<i{;i~~':>7: ;~i-H~ ~~..~.~.~.t+-(;'_:~"___";~":>.:'-;;,.:"'~";';.~-i.~~:~.~i'~:"'\~"~:~/..~: ~~;';~"~"~':--:':':.-::_ !" '. _~,:~~~1":"f{i~::,..i';.;:~...; ,~.,.:..j..,.:\..,=,~;'''''''~'5~;-~'< ~ .....:::..~_. -'---:,'- ."-- ~~s.~~~~~~~~rj*~~~~~;j.'~1~-~..:,?~!:::~~,::.~:.:.~~:~:t,-r-:~~~~':y"~~~:~~~:,~?~~~7.tf-,",:'~::::;>:::.,~::~+~f::~~::;:. "-., .>-;...'.,.:~ ,-, .:......;. ....~,",...;,"._.:..'...>...; :;...~.:.::.-~..~..~ ;'.;..,:.i:; ~"".'.' ....'.~.'.:.':.;. ~-..~" .:;. H.:ur" ~ ..IN.' I I J .~ ~ ! ~.~ ! : I ~_ml' I- ,- j -, Iii I 'i Ii ' i- . I lil;~ i Ii ~ -I'll i'll; ,IiI' ~I'i 1 ,1 II ! I I 11' I! I Eo ,l: I i I. ,.. !- , . II . ... ~ _. \.-,... . 'I t lii : ~ :U ~Il ~; !i ~ : , / .....,-.,. '. '1 .. . ~ .. . . ~ '" U ;. 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'I i= - - U -,: - ~ -2' 'I,,, :yi · ~ l.J'<} L ~ ~ I > ~ .. ~ ~l :e - " D \1 ~ ~1 I ~ ~ ! ~ ij) .. m\'l~m1 'I: i::~ ii; \<: 'I' ' " ,- ~- m~ l\Ha :II;'.. !: :-:. l.!! :.!i~' -".- '10'-1 H,H j,,::! o o :e ~ . z r.,~' ~ ;.. ~ ,:.,-., . j .: TJ3 ~ -~ -~ ',:;,,:~_~~:;,~~{.~_~~:~:::~.~~?~:~~':;~;~~~':;':'::~t;Y':"'~'~ f.~"; -,..";'Pi.c..Jt;..,;;;.; .,"/-,-.,' ~'~:':'~~'~~~''=:'3:~~~-''~'/t:'~~~:..~~:~\'.;.:'-A:;:;);':.7..:;,'-':'>~.;... :- ;.,;-'. :..:;,'c'~' -------..., - , . - . . ;:.~#~~~~;~~~i~~~9~~~~~~~~~;f,~~,~~~~~~~~;;~~;~~~~~~.f::~-:_,,:~~'/:8t.J!.t:;: - - ( c Regular Meeting - July 2, 1984 A regular meeting of the City of Dublin Planning Commission was held on July 2, 1984, in the Meeting Room, Dublin Library, The meeting was called to order at 7:30 p,m. by Cm. Alexander, Chairman. * * * * ROLL CALL PRESENT: Commissioners Alexander, Barnes, ,Mack, Petty, and Raley, Thomas P. DeLuca, Associate Planner, and Laurence L. Tong, -planning Director. * * * * PLEDGE OF ALLEGIANCE Cm. Alexander led the Commission, Staff, and those present in the pledge of allegiance to the flag. * * * * MINUTES OF PREVIOUS MEETING The minutes of the regular meeting of June 4, 1984 were approved as written. The minutes of the regular meeting of June 18, 1984 were approved as written. commissioner Alexander requested that the agenda page note which minutes are being reviewed. * * * * ORAL COMMUNICATION No comments. * * * * WRITTEN COMMUNICATION No comments. ATIAcaMEHT~ PUBLIC HEARING PA 84-006, Winning Action Investments, Inc., (American Truck Stop) Conditional Use Permit. Mr. DeLuca addressed the Commission regarding the application for a Conditional Use Permit to allow the existing truck stop and weigh station to continue in operation at 6117 Dougherty Road. Regular Meeting PCM-3-78 7/2/84 . ~-.'~.'.<~ >:";".:';,~~J,~~"-_5z;"".; .;- :~ .,-~_:.,:. - ;...;:.,-:-:~...i._:::::'~~: ~~......:.;.;. ::~~..~:;~,~ ~ '::;r.::::~.~i:~~~~i~~~~;:~%'~'::Oi.~~J4.~"~~~";':~~$~~:.;;';~' ---- .~. "?i:5,:~""5'O""~":,c;"":~",,,,,,,,,~:;.';^,~:,i.~3#..i~>;'\":i-''''.;~"'':'''"''''~if~:a~$~~t-i.':-:!;.~~~.:::;:';''!'!.'~~\/i~'f.':;:~ ( ( The conditional Use Permit for the truck stop and weigh station was originally approved by Alameda County on March 4, 1981. The County specified that the Use Permit would be reevaluated at the end of a three year period, which would be March 4, 1984. This request is for a renewal of the Conditional Use Permit issued by Alameda County. Staff recommends that a Negative Declaration be adopted on the basis that the project should not pave a significant impact on the environment. The two principal issues associated with this request are 1) a recent oil spill and diesel leak which occurred at the site and 2) bringing the site up to an acceptable standard consistent with other projects recently approved in the area. With respect to the first issue, the IT Corporation report concluded that the spill was not as severe as originally thought and removal of the contaminated soil was the most appropriate solution. The removal of the contaminated soil has been done to the satisfaction of the Regional Water Quality Control Board. With respect to the second issue, it should be noted that the parcel does not have the appropriate frontage improvements, contains no landscaping, is not paved or drained properly and has an accumulation of debris stored on the site. Most of these improvements should have been installed when the County approved the original Conditional Use Permit in 1981. It is now the responsibility of the City to require the necessary improvements. since approximately only two thirds of the site is being utilized for the trucking operation, it is recommended that the required improvements correspond with this portion of the site. The remaining one third of the site can be cleaned of all debris and fenced off. This portion could not be utilized for any use unless the appropriate improvements were installed. Mr. Archer, a Civil Engineer representing Fred Houston, applicant, addressed the Planning Commission and indicated that the applicant was in the process of subdividing the property and installing the required public improvements. He felt that all the improvements, public and private, could be handled under one bond. Mr. Archer stated that all the required public and private improvements would be installed in six months. The applicant, Fred Houston, stated he did not want to submit two bonds because the bond fees were too high. Mr. Houston indicated that if the improvements were not completed in six months, he would close the truck stop business. Mr. Tong addressed the Planning Commission and reinforced the need for two bonds. It was noted that if the subdivision was not processed, staff would not have a bond to guarantee the installation of the private, onsite improvements or the Dougherty Road improvements. Regular Meeting PCM-3-79 7/2/84 -,,-. 4";;:....J:~~c;;~..;:~ .~~~?"'~~::::.~~..:,_~~;'1,?~~i-~.~~.:..:~.~'.<C-\A~.:..,:.:~:,;._~~.~; ..".,....:._~_~ . ~.'~._.~ ....;.._.~~"""--:'.~.~jj;~~~..':-:i:;-_:~.+--;.:;:.~...i:::.::;;;-tl~..;.~,; ~ ,-?" 7 ~;;.;,.)...""~ ...~-~~" :.-:~.~~-~~:r~~*~~#~~~:.~~~:.:;.~~..:~:~~:/.~.:::j,. -.,._,' .~. .~~--~:.:' -.. "., .-. ..' ..;;,;..-:'.:::t~.~-:.:~--?.;.:~t'':'''~'':''''~~7'::,~,..:~_:;'?i,*.g;,~?~~~~4~ ( c commissioner Raley moved that the public hearing be closed. commissioner Petty seconded the motion and it was passed by unanimous vote. commissioner Petty moved that the commission adopt the Negative Declaration Resolution. Commissioner Mack seconded the motion and it was passed by unaminious vote. , ( RESOLUTION 84-32 ADOPTING A NEGATIVE DECLARATION RELATIVE TO PA 84-006, WINNING ACTION INVESTMENT'S REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE EXISTING TRUCK STOP AND WEIGH STATION TO CONTINUE IN OPERATION AT 6117 DOUGHERTY ROAD, CALIFORNIA Commissioner Petty moved that the Commission adopt the conditional Use Permit Resolution with the following changes: Item #11: Insert the following words: as approved by the City Engineer. Item #12: To read as follows: The applicant shall submit a faithful performance and warranty bond for the required public improvements within 60 days and complete the required improvements within 180 days at the direction of the City Engineer Item #13: To read as follows: The applicant shall complete the required private improvements within 180 days at the direction of the Planning Director. Item #14: To read as follows: This approval shall remain in effect until 1/2/85 and shall be revocable for cause in accordance with Section 8-94.7 of the Dublin Zoning Ordinance. commissioner Raley seconded the motion and all were in favor with the exception of Commissioner Mack. RESOLUTION 84-33 APPROVING PA 84-006, WINNING ACTION INVESTMENT'S REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE EXISTING TRUCK STOP AND WEIGH STATION TO CONTINUE IN OPERATION AT 6117 DOUGHERTY ROAD PA 84-035, Kawasaki of Dublin Conditional Use Permit. Laurence Tong, Planning Director, advised the Commission that Mr. Lindsay, applicant and owner of Kawasaki of Dublin, had called the Planning Department office and advised staff that he could not attend the meeting and requested that the Planning Commission continue Kawasaki of Dublin until the July 16, 1984 meeting Regular Meeting PC1-3-80 7/2/84 ,( '":S~-Ff~;::~~c;"i- .~.;*~~.*~~ ~~;';)~~?;~'~;;.~~;;.j+;':~,~~-~~.,.-:~~,~<,;~'~-"'~':": . . - . - - - -.", ~"!-,~;,'~.:~:":;~~i":~'_-"'~'~~:~";~~~~.~::":~ ,:-,,",:,:~ ;.'...~;""'. ---- ,"':5? 7 ;~",,~~i'~'ilf~i'{'Ij'::':1.1:r~~.:~:'~"-"',,;;;I,ii<" ';,,~""':i~~"'i~~''''':'-'':;':''''~'''''"/:':;'7'':'0~?~f;:'';;':'.~:.:'s.,is:,~ i CITY OF DUBLl~ P.O. Box 2340 Duhlin. C A 94568 (415) S29.41,()() June 18, 1984 NEGATIVE DECLARATION FOR: PA 84-006 American City Truck Stop Conditional Use Permit (pursuant to Public Resources Code Section 21000, et seq.) LOCATION: American City Truck Stop 6117 Dougherty Road APN: 941-550-4 APPLICANT: Fred Houston 6117 Dougherty Road " OWNER: Winning Action Investments 7045 Dublin Blvd. DESCRIPTION: Conditional Use Permit to allow the existing truck stop a weigh station to continue in operation. FINDINGS: The project will not have a significant effect on the environment. INITIAL STUDY: The Initial Study is attached with a brief discussion of the following environmental components: 1. Drainage 2. Traffic circulation 3. Aesthetics 4. Oil spill MITIGATION MEASURES: Install an acceptable drainage system. Make the necessary dedication and install the appropriate frontage improvements. Incorporate landscaping and screening into the project. PREPARATION: This Negative Declaration was prepared by the City of Dublin Planning Staff. (415) 829-4916. ~~ DATE: ~MLX>, \QC4- A TT ACHMENT ~ DP 83-11 'c' .,.;.cc_,__ . .', .. .. - ." ~"~<,~~-",,,:'_:il:,../:-:.-::..~~-:t:~~4":}~?-=':i:'~"~~;.n~.~~.::*~~~ ,!,?-~~~~:*~~~';'~'~~,~;:j,";:..~~~';'o;.:..~ ~,,., 1 ~~~~~~~~~11~!,;'",)i!!'::'1_~,i'fI~w~'J'!iA!r?~~:li!""':;""';"-'".,...~..;':..:;~,m CITY OF DUBLIN p,O. Box 2340 Dublin, CA 94568 (415) 829.4600 June 18, 1984 FACTUAL EXPLANATIONS TO: American City Truck Stop Conditional Use Permit, PA 84-006 COMPONENTS: Hydrologic Balance, Ground Water, Water Quality, Storm Water Drainage, and site Hazard DISCUSSION: American City Truck Stop recently experienced an oil spill. Subsequent to the spill, the site was inspected by local, State and Federal authorities. In addition, the IT Corporation conducted a site analysis to determine the extent of the spill. The report prepared by the IT corporation concluded that the spill was relatively minor and that the removal of the contaminated soil was the most appropriate solution. The Regional Water Quality control Board has recommended that an acceptable drainage system be developed. " COMPONENTS: Circulation Conflicts and Road Safety and Design DISCUSSION: At present, the site does not have any frontage improvements and does not conform with the future right-of-way width for Dougherty Road. The necessary dedication and frontage improvements will be a condition on the Conditional Use Permit, which will minimize existing and future traffic conflicts. COMPONENTS: visual Quality DISCUSSION: The site lacks adequate landscaping, screening and paving and therefore presents less than a desirable appearance. As part of the Conditional Use Permit application, aesthetic improvements should be made to the site. TPDlmm ( c RESOLUTION NO. 84-33 A RESOLUTION OF THE PLANNING COHHISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------ APPROVING PA 84-006, WINNING ACTION INVESTMENT'S REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE EXISTING TRUCK STOP AND WEIGH STATION TO CONTINUE IN OPERATION AT 6117 DOUGHERTY ROAD WHEREAS, Fred Houston, representing Winning Action Investments, filed an application for a Conditional Use Permit to allow American city Truck Stop to continue in ope"ation; and WHEREAS, the Planning commission did hold a public hearing on said application on July 2, 1984; and WHEREAS, proper notice of SalQ public hearing was given in all respects as required by law; and WHEREAS, a Negative Declaration has been prepared for this application in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, a'Staff Report was submitted recommending the ap?lication be conditionally a?proved; and WHEREAS, the Planning commission did hear and consider all said reports, recommendations and testimony as hereinabove set fo"th; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need to provide a truck stop and weigh station; b) The use will be properly related to other land uses and transportation and service facilities in the vicinity as daytime and early evening activities will be commensurate with present use of properties in the area; c) The use, if permitted, under all circumstances and conditions of this particular case, will not materially affect adverselv the health or safety of persons residing or working in the vici~ity, or be materially detrimental to the public welfare or injurious to property or improvements in the area, as all applicable regulations will be met; d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as a truck stop and weigh station, with limited impacts, is consistent with the character of the industrial district; BE IT FURTHER RESOLVED that the Dublin Plannina Commission does hereby approve said application with the-following conditions: 1) Grant the necessary dedication and install the appropriate frontage improvements along Dougherty Road to the specifications of the City Engineer. A TT ACHMENT 3 r ( 2) Install AC paving from the future right of way line to a point a?proximately 100 feet east of the shop building to the specifications of the City Engineer. 3) Install "chipseal" from the AC paving to the existing fence running north-south to the rear of the site to the specifications of the City Engineer. 4) Provide an acceptable parking area for the office and truck employees to the specifications of the Planning Department and City Engineer. 5) Install an acceptable drainage system to the specifications of the City Engineer. 6) Submit a landscape and irrigation plan for approval by the Planning Department; said plan to be prepared by a licensed landscape architect. 7) Install a screening fence around the perimeter of the site from the future right of way line to the north-south fence to the rear of the site; said fence to be approved by the Planning Department. 8) Remove all the abandoned vehicles and debris which is being stored on the site at the direction of the Building Official. 9) Correct all Building and Fire Code violations at the direction of the Building Official. 10) The area to the east of the north-south fence shall not be utilized for any use or storage without the prior approval of the Planning Department. 11) Comply with ACFC requirements as approved by the City Engineer. 12) The applicant shall submit a faithful performance and warranty bond for the required public improvements within 60 days and complete the required improvements within 180 days at the direction of the City Engineer. 13) improvements Director. The applicant shall complete the required private within 180 days at the direction of the Planning 14) This approval shall remain in effect until 1/2/85 and shall be revocable for cause in accordance with Section 8-94.7 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 2nd day of July 1984. AYES: Commissioner Alexander, Barnes, Petty and Raley. NOES: Commissioner Mack ABSENT: None ~~~"'^ l"-~i~UJ;'L Pla~ing Comm~ssion Chairman A TEST: 1~lT .,'~:i~.;fl,.i:..";:'i~";;~~'~~;~;: sed.~~~~,"~~~~~.::";,.~iii:.l..:~':~_:<,..,~,;" ;.';-'. , 'v:~,'..~!..:~~i'i.:'l';-';;~-- ~ ~;'~1:-';;':.-f:f,~~;.:-.~;:':'2'~'c.:~~" ):(,":,:;.~:~:,;'~~:~.'..i~B!j=.f.f:i-:"t',~~.\(:.J-i:.~~?-..~~i~-:.:' - ~~~~>:;.~~':~"';~%5P:+,,;\:,,~O~~!ef..,:~.,i;":;;,:~~W";:,{(,:.-!;,,,'<;:"~:'f1':':':5:;3;i:,,{!t"";>".;:i5-d~~ . ,-',' -- ,." . BYRNES & TRIAY RECEIVED 'JAN - 2 198:5 ....: .. ATTORNEYS AT LAW ,.0. FRANKl-!N STRIEET. SUITE:;I:OO DUBLIN PLANNING OAKLAND. CALIFORNIA. 94612 (4115) 8315-e966 CHARLES A. TRIAY BRYANT H. BYRNES December 31, 1984 OF COUNSEL PHILIP D. REED III City of Dublin Planning Commission 6500 Dublin Boulevard Suite D Dublin, CA 94568 Re: Application for Use Permit br American City Truck Stop Dear Planning Commission Members: I have been informed by Thomas P. DeLuca, Associate Planner, that a hearing on the above matter has been tentatively scheduled for January 7, 1985. At that time, Mr. Fred Houston of Winning Action Investments will, I believe, ask for an extension of his use permit of the premises for another five years. I respectfully request that the Commission put over this hearing for one month or whenever the next regularly scheduled meeting is held for the following reasons: 1. My client, Mr. Jerry Billings, who owns the property immediately adjacent at 6053 Dougherty, never received notice of the hearing. I spoke with Mr. Billings on December 28, 1984, and he informed me that he had received nothing in the mail nor had his tenants on the premises informed him of any notice. 2. Mr. Billings will be out of town on January 7, 1985, and thus will not be able to attend. Because of lack of notice, Mr. Billings and his family had made prior arrangements to be out of the state on January 7, 1985. Due to the extremely late notice to him he was unable to alter his travel plans. However, Mr. Billings very much wishes to be present and be heard on the matter of the use permit. 3. I personally received late notice. On December 4, 1984, I called Dublin City Planning and was informed at that time that there was no hearing scheduled. I was also informed that my client would get notice by mail because he was legal owner and that there would be at least a thirty day period before any hearing. On December 18, 1984, my office was contacted and informed that there was a tentative A TT ACHMENT - 4 ~ . "~:~."<. ;;. -J;;;.~.~~;i:-'.';:'>~~'~';~':X ,':;'::?~~i;-;;.~~;~;..:~G..~~,:;:.,~.~i'";,,,:,,,,"':;')I\~~",~~,~,:~).,;:;.;.~:...;........':;-.<~'5:' '_:.:>.~-'::;,,;'.~";''.':.;.:A~.;::;'':.~,,'_'>-:'. .:.: ::';,'; '., t:-:~~~'~~""~;-";':~"':::-;"'~:' .~ ..... .~~#o/~?t:~~~~~~t~~'~*~7.0~Y~'?'~~*~2~1~~?:~~~~~;~~~~:::'~.~.~?!;$.;;~~'~'-.'~~:~_~:ij~~~~~,,;y;~~~'f./' City of Dublin Planning Commission - December 31, 1984 Page two hearing on January 7, 1985. I feel that in light of the prior representations and the fact that the period between December 18th and January 7th is a very busy one because of holidays that notice was inadequate. 4. Because of the timing of the notice, I will not be in a position on January 7th to present to the Planning Commission information that I feel would be crucial to their decision. In particular, I will not be able to present any copies of the Environmental Protection Agency report, the contents of the file of the Alameda District Attorney's complaint against American City Truck Stop, any reports by the California Water Quality Control.Board, or statements by members of the community. Although I have prepared and am submitting a packet opposing the application to both the City Planner and yourselves, I feel that it is less than adequate because of the time period. Based on the foregoing, I respectfully ask that the above matter be continued. Very truly yours, BYRNES & TRIAY .~,., En u<1M-+ fll~-'i BRYANT H. BYRNES BHB:bto cc: Thomas P. DeLuca Jerry L. Billings .;~:R~. -,' -.., ~'-~;"'b,:;-; ~;~~.; -;-:. _.,..;..;;.-..j;....~!;.fa~~~~:;.:...;;~:;~~~~~.~<.:"'-L: d<';'.:;:~,,~ .~j!':::..;;.J;.~:,:;:~~.;~;;:,: W..)$~~~~~.;_:.;:"1._~:.";.;.~:;;.~~:~.~~~~::~'1::tt,":::.;.~~;;,-..~~.< ---- ---------- ~:-i:~-~.'?i~~~,~:,/i;:~Y;~7;::.{#:i~E4:~~~~:~.~~~~~;3~;$-::e~~~.;~f:-~~.~_7~~~~:~~;~fP:~~. ....TTORNEYS AT LAW RECEIVED JAN ., '; 'i9gS BYRNES & TRIAY 1..0.. FRANKLIN STRItET. SUITE 200 OAKLAND. CALIFORNIA 94612 (4151 83!5.8966 DlJ5U:,\) PLI\.~'N!~.IG CHARLES A. TRlAY BRYANT H. BYRNES December 31, 1984 OF COUNSEL PHILIP D. REED III City of Dublin Planning Commission 6500 Dublin Boulevard Suite D Dublin, CA 94568 Re: Application for Use Permit by American City Truck Stop Dear Planning Commission Planners: I am the attorney for Mr. Jerry L. Billings, who owns the property at 6053 Dougherty Road, Dublin, immediately adjacent to American City Truck Stop. It is my understanding that Mr. Fred Houston of Winning Actions Investments, the owner of American City Truck Stop, is currently operating under a six-month extension of a conditional use permit. This extension was granted approximately six months ago in July, 1984. It is also my understanding that Mr. Houston is requesting an extension of his use permit for an additional period of five years. As you know, I have requested that the hearing on this matter be put over to a future date. If the Commission is kind enough to grant this request, I would ask that you consider this letter and its attached material as a preliminary statement of opposition. If the extension has not been granted, I believe that this letter and its attachments contain enough information to warrant a denial of Mr. Houston's request for a five-year extension. It is our opinion that the granting of any use permit be extremely limited: one of the length requested would not be in the interest of the public convenience, necessity or need. In support of this position, I attach the following: 1. My letter of May 14, 1984 to Fred Houston: 2. A copy of the Complaint filed November 2, 1984; 3. My letter of November 14, 1984 to Fred Houston; 4. A copy of a newspaper article run in the Valley Times Thursday, October 4, 1984; 5. A copy of our letter to the Environmental Protection "--'<<<:-,- :-.;._~~;"',;!";.:.::;':':...:~;,::,,,:;:,:~~~- ;.:-,."-C_;'; . :'.,-';' ~: :~';.;~~;}::~i;.~~~~;.~~~.~~,.<;:~4~4'-J~'~~~0.t~..?~> '::..;~~,~ "''''),.~;:~'. ---- . ------... ~~\~~~f~:c.:~'~,~~~.~:~::~;;:~;:,:'.~~.:;,j.:::::~ ..~::;.~~~:.:;t:,,~:,~'p:~,~:':<!-:'6~~.~~.~..;'.;:?:.~~it~~~?:~~~'::_~-:;#f-~~~~~~~~~-~~*~s-e$1',;~~~~~,:.z~~:~ '. -;.,~;:.-~. .;,:'.:'-:'.';'. '~".:.:'_:",,;":;"'..:.!,.-....,., City of Dublin Planning Commission ~ecember 31, 1984 Page two Agency dated December 17, 1984; and 6. A copy of a letter written by Mr. John Lignell of Dublin. The above documentation substantiates our position that to grant American City Truck Stop any type of medium or long-term use permit is not in the interest of the public convenience and necessity, would not serve the public's needs, would materially and adversely affect the health and safety of persons residing and working in the vicinity and be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. My letters of May 14th and November 14th briefly summarize Mr. Billings' ongoing problems with Mr. Houston and American City Truck Stop. In one final attempt to resolve the disputes shy of litigation, my clients and I had a meeting with Mr. Houston on December 5, 1984. Mr. Houston was completely unresponsive to the situation and our requests; in fact, he behaved in a hostile and insulting manner. As a consequence, I am now in the process of amending and serving the Complaint filed November 2, 1984. Of particular interest and importance to this Commission are the First and Second Causes of Action which are for public and private nuisance and trespass. I believe there is no question that the current use of the premises constitute both. It should be emphasized that not only are the flooding problems adverse to my client personally, but they constitute a threat to the health and safety of the public at large. Further, the major spill which was discovered February 13, 1984, must be deemed indicative of detrimental and adverse use of the property and ongoing threats to the public's health and safety. That it was serious is shown by the agreement reached between the Alameda County District Attorney's Consumer Fraud Division and Mr. Houston. Although there was an out-of-court settlement, which means that there was no overt admission of wrongdoing, at the same time common sense dictates that one does not pay $7,500.00 if one is completely innocent of any wrongdoing. As stated previously, results from the Environmental Protection Agency and the State Water Quality Control Board have been requested but are not yet available. I think it very important that these results be obtained and reviewed by the Commission before final approval of any long-term permit is granted. ---.~.-'. . .'~ ~";,~i'~';.: .;;.;k;;''-.:':'~';..;.~,:-:;:"::~.:.::.:..:.:,.~~..._;''':'',_,,,,'",.....:;..:~;.~.:..:,.,,_~~~.~.i,.~.;:-~. :-. ,",-, .c.,.,..;",-c..",.,:."~,, _:""C._.,-"",;...~:::~,.:;:,,:~,~_\:..;;;;,x?,,;. ---.. '- ~~.:;;;.; ":'.')-_'>J~~~~;'~~~>;~.~"'[-~ ;~"~i.:"';~':,'>;'-' '_;:;::-;-~~:;:~?~'~"?'-B'~~_::;;'?:.:~~'f?:;;~~f~%':.~:.;::~~~~~~~~#~~2~ 1 ~~ty of Dublin Planning Commission December 31, 1984 Page three Finally, the question must be asked if the use is required by the public need. As per the attached letter of John Lignell, I submit the answer may be no. Mr. Lignell is a resident of Dublin and an independent truck driver, thus specifically one of the class that American City Truck Stop exists for and caters to. As his letter reflects, his needs are not being served by past and present operations. I believe that if there is a continuance more local persons in Mr. Lignell's profession will be forthcoming to bolster the opinion expressed by him that American City Truck Stop does not serve their needs. In conclusion, it is respectively submitted that American City Truck Stop is presently not being used or operated in a fashion that warrants an extension of its use permit on any long-term basis. It is further submitted that if another temporary permit is granted that it would require American City Truck Stop to make restitution to Mr. Billings for damage already incurred. Very truly yours, BYRNES & TRIAY BRYANT H. BYRNES BHB:bto Encls. cc: Thomas DeLuca Jerry L. Billings _.....~...-..' :.::.;.!f....~::;.:;;.o: ;.' ,- ,=~~~.t*~~ ff';:J...,~.;-;:.-;,.~~~,.~..:....~-r-*:;.~~;;~-~~i:.::..:.::;::..',''-....:.:.,,~...:....-:~~...~~ :~i~;.:~~.:1...:i.""'.~..:~;",..:.:. :.:.,~.. ~~~~...,.~: ....;::-::.~."'":.~..':~.~:'~~~~~~;.:~~~~:r.- ----- ,,::r 1 \Si\~~~1f:).~~!~..:'t{f~~~~.~~)~~:...->.:.~~j--~.. r~.~~.#~~~~~~;i~~~:.z.~!t~~'l~~,~.:i"-;; ;.~..;,,:~. ...,,' >.;:~::~"-..--:;c:?-:y!*.c:-' -~iS..:.:~.:;~;~;;_:ff?!f~#:~ ..... BRYANT H. BYRNES ATTORNEY AT LAw , 306 TRIBUNE TOWER 409 13TH STREET OAKLAND. CALIFORNIA 94612 TELEPHONE 14 T 51 452.4363 May 14, 1984 Fred Houston Winning Action Investments 7045 Dublin Blvd. Dublin, CA 94568 Re: American City Truck Stop, Dublin, CA Dear Mr. Houston, I have been retained by Mr. Jerry L. Billings, who owns the property at 6053 Dougherty Road, Dublin, immediately adjacent to yours. Since establishing American City Truck Stop several years ago, the management and operation of the business have created serious problems for my client and his tenants. Recently, the problems have deteriorated into an intolerable situation. Specifically, the following has occurred: 1. flooding. Because of the volwne of trucks that use your location and the type of work performed on them, such as maintenance and washing, there has been a constant flooding problem of mud, water and other liquids runningronto the property of Mr. Billings. This occurs in both dry and wet weather, but is particularly acute when it has been raining. 2. Chemical Pollution. This is both a "coronary to~the flooding and an independent problem. As a result of your activities, the surface of your premises is saturated with oil drippings, fuel, diesel, grease, anti-freeze,' soap- and other chemicals. With the washing of trucks and trailers, these chemicals often 'overflow onto my client's property as a matter of course. When it rains, the overflow is much worse. Independent of the above frequent pollution, you have twice in the last three months had serious chemical spills on your property that contaminated Mr. Billings' premises. I refer to February 13 and March 21. While the February spill was widely publicized, the :- .'.t.::.< ''''.. '. ~~it,..:.~~t:; ~~;;f.4~'-,.~"'~..,.,1i~~~~;~~;ia',~;~-~;,~"-- ::.,-~.;~;:.~-:_~~:..~:~.(~::~~:...;..;, Y'_~ :::'f.~;"';:.:~.;'1:"\:~...!:.;.,~ r.:';;.... ";;,:'~~':._,:,~,,:-~~"::-~;..;;_~..v' '':-'~'''i..'''-:.'';''':''1-~: .----------.. .-. ~~~:~*~~&l~'\'1:fijt~~~~~~~~~-~~.~f~~ft~~~i~~~!f~~~3~~~~?'i.~~~~~.~~~?:-~:~~~:~\:;~2*~~tt~"~~";~~"~~~~~'~~Y:Ii;~'7- Fred Houston May 14. 1984 Page Two occurrance in March was perhaps even more disturbing to my client. During the latter spill, you were simply pumping crude waste from your yard onto his property. 3. Bottles, Cans and Other Garbage. Over the last several years certain of your customers and/ or employees have gotten into the habit of throwing their empty beer bottles and cans and other waste products onto Mr. Billings' premises. The,:e is a particular problem of tossing cans and bottles onto the roof of my client's building. This is not only unsafe and discourteous but also illegal. 4. Acrimonious Relations. Because of the above, the patience of my client's tenants has begun to wear thin, and they have become vocal in their complaints both to my client and to your employees. As a consequence there have been several heated exchanges across the fence. This is a serious situation that can't be ignored. The effects of the flooding, the chemical pollution, and the garbage are several. First, the asphalt driveway surface has been potholed and eroded because of the constant flow of water, mud and chemicals from your premises. Second, on Mr. Billings' property is a well. Undoubtedly, the chemicals .from yOur past and current use have polluted the well because the.water-level is onl.y fifteen feet below the surface. - - ..-. -. ..-- Third,- because much of the chemical overflow is fuel, the fact that it frequently drains onto the adjacent property creates a serious potential fire hazard. Fourth, the chemical pollution creates a health hazard. Though we don't !mow all of the chemicals that are flowing onto my client's property, there can be no question that constant exposure of the tenants and their customers is detrimental to their nealth. Finally, the excess water, mud and chemicals are interfering with the businesses of the tenants. One of the tenants is a body shop and the other a tire store. As such, they often have need to use the driveway. both for repair of cars and trucks and for parking. This they can't do '::,-:,:";.,;;--, " ~__,~ I.:: -"~<,,,~.~",~:C:t~:. ~~~_~,.: ;. u/_,;_~-,;;-,~",",:,,:,.~,,__.,:,;"';;~..:.;J. _~-L'~:':~,~;':Fi.~h~:'~~~~~::'::~/~-\~~f.;;"--"~~~"';:~"'''~;:''.i':'',,:.;.;.-~~;;,',,-- ---- ._~ .:~_~::;'~'5f:::'~:;"?~:7_:.':'.'i7.:,~..::;(=~~k~-ff'.;;i~':~;';:~'~~;~i-#~):-:_~~.~i-':;":'~,;::i~.~-:--~i.-i~!#f.~~~~~~~f~~~~~f~~~:~~.'~.~~#~~' Fred Houston May 14, 1984 Page Three many times because of the water, chemicals and mud. As a result of your conduct, I believe you would be liable to my client on a number of legal theories, including nuisance, trespass, negligence, tortious interference with business advantage and prospec- tive business advantage, and negligent interference with business advan- tage and prospective business advantage. In an attempt to resolve the above-mentioned problems without the necessity of litigation, I and my client request the following: 1. That you take steps to insure that there be no further spills and that currently there is no improper or illegal storage of fuel or chemicals on the property. 2. That you install drains on your property that would prevent the flooding and overflow. 3. That 'you pay to Mr. Billings the costs of replacing the damaged asphalt. 4. That you pay to Mr. Billings the cost of repair or replace- ment of his well if it is polluted or otherwise damaged. 5. That you indemnify Mr. Billings i~he is in turn held liable by ~is tenants for los s of use during,repairs. I would respectfully ask that you accept or reject the above proposal by May 31. I am writing to United Van also because I under- stand they are tenants. If either you or your attorney would wish to speak to me about this matter, please do not hesitate to call. Very truly yours, B~~:B~f!t1LffiQS BHB/pr cc: Jerry Billings United Van Lines :':.;-~;'yiff';'~~~;~; -'--"""--"- . ~ .;;.....i~~:;b.:.i..:;~:;:':..:..:y;:-'~~~:..: ';-_"":":-::;';~;.;";~iic~"~~-:"~;:;:"~i~.:"'-;""\"::"- .::; S.~~;.~.j.-,: ,;";':'-;~''''':~'~-~''':;~-~;'~~~~~~.~.t~~,~::=:+-:;~:'~'-;-:''-:';':':'<-:o:~o;:~:~.:.-:. --- A /7 / .~~.&.~\r:'S.f~j .:>..,~__~..~~~~~~~~::,~.,.:..:<~_:;~';.it-~~.~~": ;:"-::.:,:~~~:,~;;.:..7-:.' ?;:~':-:-~?-'F"~?~i?7-.~~~:',~~~f.~B:~~:-i4~~"f"f:,:.~~~:~~~q~ " ., 2 3 4 5 6 7 8 9 10 11 12 13 14 15 BRYANT H. BYRNES 1306 Tribune Tower 409 - 13th Street Oakland, California 94612 Telephone: 452-4363 ;;....,.,'. ..... ~.. :. .~., ~ tNDOJlte!D F II E 0 NOV 02 1984 . ..... ~ .;."'~~( RENE C. DAVIDSON, County Clerk By: Kathy McKean, Deouty SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA JERRY BILLINGS, l1ARI~5) NO. . '"10293' ..;.. piaintiffs, COMPLAINT FOR DAl~G~ AND PRELIMINARY.AND PERMANENT vs. INJUNCTION WINNING ACTION INVESTMENTS, INC., a California Corporation, UNITED VAN LINES, INC., a foreign Corp- oration, AMERICAN CITY TRUCK STOP, and DOES ONE through TWENTY, inclusive, Defendants. 16 / 17 plaintiffs JERRY BILLINGS and MARION BILLINGS, herein- 18 after "Billings," complain of defendants and each of them as 19 follows: 20 GENERAL ALLEGATIONS 21 l~ Plaintiffs are, and at all times herein mentioned 22 were, the owners of certain real property consisting of land 23 and a commercial building at 6053 Dougherty Road, Dublin, 24 Alameda County, California; said commercial building was at all 25 times herein mentioned leased to a tire company and a body 26 repair shop. 27 28 2. Defendant WINNING ACTION INVESTMENTS, INC., is and at all times mentioned herein ;~on information and belief, a ',.:::;-.:. Ji<:,-}'-~_:-.c-..... ; .-' ".. . . - '., '". '.. - . ~:",'t~.,_;-:'_~S~;='~l:-~;~:~,;,...~~.~~b-..~,E:f.t~~'~C;>;~R;: '-;;'~.~p~~-.;".;;..-::'._:..~~-:~__;.;i.t~:~:;:.;..;i;-~':':'';''''':''"":~-;:~:~::;f~~~;"".' /' ~.~7 I '<i{,;~';':~~"f~---:!~~:'i.-'~*",:;,~~~::;;',.",~:~~~~~W(o;~~~~:~;tj"'" :,......._4i.~~..~~~ii>~.,i"'~.'".;~.". 2 3 4 5 6 7 8 i I i i corporation duly organized and existing under the laws of the ! i State of California and authorized to transact business in this I State. Further, defendant WINNING ACTION INVESTMENTS, INC. is I and at all times herein mentioned was, on information and belief,l , i the owner and in possession of certain real property consisting I of land and a truck stop facility at 6117 Dougherty Road, Dublin, County of Alameda, California. 3. Defendant UNITED VAN LINES, INC., is and at all 9 times herein mentioned was, on'information and belief, a corp- 10 oration organized and existing under the laws of the State of 11 Missouri and authorized to do business and doing business in 12 California. Further, defendant UNITED VAN LINES, INC. is, and 13 at all times herein mentioned was, on information and belief, a 14 tenant and in possession of the above mentioned proper~y owned 15 by WINNING ACTION INVESTMENTS, INC. 16 4. Defendant AMERICAN C~TY TRUCK STOP, is, and at all 17 times herein mentioned was, on information and belief, a busi- 18 ness entity unknown to plaintiffs; further, defendant AMERICAN 19 CITY TRUCK STOP is, and at all times herein mentioned was, on 20 information and belief, also a tenant and in possession of the 21 above mentioned property owned by defendant WINNING ACTION 22 INVESTMENTS, INC. 23 5. The true names and capacities, whether individual, 24 corporate, associate, or othe~ise, of defendants named herein 25 as DOES ONE through TWENTY are unknown to plaintiffs, who 26 therefore sue defendants by such fictitious names. plaintiffs 27 28 are informed and believe and therein allege that each of the defendants designated herein as a fictitiously named defendant - 2 - . -'. ,;,.::,~,-:~,::~.,.:"".,?~---::'I; !' -';-..j::~:,.~':";;~~~(~~-':..;7-.g~',~,,;.~? ::~::~:.:;,'_:-.-::: ;('-7-\/i..-";.?} ';::;:<:'~'~~:~;-~,-~..'~' .-:.;::}::~:-:~~~"":,':;<,_.,:~,-:;".~-:"':'?:.:'-'.:';'~-:S'r.:'~l~"~~.;;~.~.:i~ ":J~\",:<y,~"~~lI\,:,;-'."i.:';;;~~",->.&:';!~~;Y'.' .- ,. ,:.:;~,:,;!.-"+\Y:,:>;;;:~d:'.'~;;;,:;;L:;;-;>i.~"fj;f.:i.0-r;;.:..~;'{-y:'"'.:.~~~~i<!:1!if:'~i!.-~'i#."J::i+"":'i;i.~~~"~' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is, in some manner, responsible for the events and happenings herein referred to, either contractually or tortiously, and caused the damage to plaintiffs as herein alleged. When plaintiffs ascertain the true names and capacities of DOES ONE through TWENTY, plaintiffs will.ask leave of this court. to amend their complaint by setting forth the same. 6. Plaintiffs are informed and believe and th~rein I. I allege that at all times herein mentioned, each of the.defen~nts was the agent andlor employee of each of the remaining. defendants and in doing the things hereinafter alleged, was acting,within the scope of such agency andlor employment. 7. Plaintiffs' property and the property of the defen- dants are adjoining at plaintiffs' east and defendants west. boundaries. 8. At all times herein mentione~and since 1981, defendants and each of them have occupied, used and maintained their premises so that there is seepage onto plaintiffs'land of oil drippings, fu~l, diesel, grease, antifreeze, soap and other chemicals. Further, defendants, and each of them, have maintained their premises so that during periOds' of precipitation, mud, water and other liquids flood onto plaintiffs'property; further, independant of the above occurances, defendants, and each of them, have so occupied, used and maintained their pro- perty so that there have been two serious diesel fuel spills that have affected plaintiffs' property. II II II - 3 - ,:[~ ,.~~i~.:';'~';';:",,,~;;:,:,,.....~~:, o;,..<..,":.i.~':~'::'~~'~:'~-::"~'~:~~~;:'-\~:\;'-':;:'",;;:':~'~;".' ~,', '....- !'. ,.' -;' .";:..-.- .:.. ,: ,;.~~'~~'.~ ;;-";,:-""'" :-';,"",,"'\-"~""'~';':1-:';;"~\.t.:~~,;._,-; -",~".'::.~-.i: :':.:: _ _ . .:,:-: .;j-;-.j'i'~~~: -;;::-i-:<t< .- '.~'~~~~?:-~~~5f!.~~~:~~;!i~:;':~~%~'~~~~:~~'?'~???:~,:J>:"~('~~'*~.:.~~~~:;:;~.~~,!-i~~~:::::~~~~~~~;!~:f.;'0~~:.;~t::;(~~~~~~~:~:.:~~f~~~~~:::~:t;:::~.~~:~ 2 3 FIRST CAUSE OF ACTION (private and Public Nuisance) 9. Plaintiffs incorporate by reference Paragraphs 1 4 through 8 of the General Allegations recited herein as though 5 set forth in toto herein. 6 10. At all times herein mentioned, and since, on in- 7 formation and belief, 198~ defendants, and each of them, have 8 occupied, used, and maintained their premises in such a manner 9 as to constitute a nuisance as alleged above, including seepage, 10 flooding and checmical pollution. 11 11. The aforementioned occupation, use, and maintenance 12 of the property of defendants constitutes a nuisance within the 13 meaning of Section 3479 of the Civil Code, in that it_interferes 14 with the reasonable and comfortable use and emjoYment of 15 plaintiffs'property by plaintiffs and plaintiffs'tenants and 16 is injurious to plaint~ffs and plaintiffs'tenants health. 17 12. Defendants, and each of them, are creating the 18 nuisance as the result of unnecessary, unreasonable, and in- 19 jurious methods of operation of their business. 20 13. The nuisance affects, at the same time, a consider- 21 able number of persons in that there are two commercial establis 22 ments on plaintiffs' property and persons who work, patronize 23 or otherwise are present are exposed to the seepage, flooding 24 and chemical pollution. 25 14. In 1981, and thereafter, plaiantiffs and plaintiffs' 26 tenants gave both oral and written notice to defendants, and 27 each of them, of the inconvenience and damage caused by the 28 nuisance, and requested its abatement, but defendants and each .-_.-",<-".",;. ;_Y.~R~'~ .......... .',.-.. .' ...,....,.;:.;-:.:....;.:.:;::..~.~;::;.:;;,.;;~~~~:,;,~;:~..4- .-".;,:;.-.:::~,.~:.~:,..;;~*~~~;::- t"'._,.."'~~..;,~..~:::;.~:;_:..~....;;:;.;.,~:;,;;~ ";~:r>,.;.f:~~":'.~..'St~>'{~:~;~'.~':::';;.:.~";~~:_;~~::.},..:~,:;.. . ----------- ...;.,~g~:;~~~7_:~~,=#E~~~~.~~-~~.~-?-~s.i,?;i::q:~~~~~~~i$~~:;.~~~~~~:~7..~:.~#~~~~~~:t::~~~~~?~~~:-.. of them have refused, and continue to refuse to abate the 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 nuisance. 15. As a proximate result of the nuisance created by defendants and each of them, plaintiffs have been and will be injured in a sum as shall be shown upon proof at trial, said sum being necessary to install appropriate drains, replace damaged asphalt, perform other repair, and indemnify them as to any liability to their tenants for loss of use. 16. As a further proximate result of the nuisance, the value of plaintiffs real property has been diminished by a sum in excess of $50,000.00, said exact sum as shall be shown upon proof at trial. WHEREFORE, plaintiffs pray judgment against defendants and each of them as hereinafter set forth. SECOND CAUSE OF ACTION (Trespass) 17. Plaintiffs incorporate by reference Paragraphs 1 through 8 of the General Allegations and the allegations of the First Cause of Action as though set forth in toto herein. 18. At all times herein mentioned, and since 1981, defendants, and each of them, have occupied, used and maintained their premises in such a manner as to constitute a trespass in that dirt, mud, water, oil, drippings,' fuel, diesel, grease, soap and other solid and liquid substances are allowed to drain, seep, escape or otherwise become deposited on plaintiffs' pro- perty. - 5 - ,....;:~-.J.;..-:~,p~::-;i;-',;..;.:;;..'. . h ',~ .',~ .... ,~..,. ...._.~,~.. ,-~'~ ,.-. , _._'.. ;';"7.;~:.~..:---.;-..;.;;..:;.?;;:..~..:;/;:..:~<~"'L .P~';~:';';':"~~f,~:'..:. ----- . ----., ...~~~.~~~::..-..~~~~;;..~~..e:..5~.:'.::. . ";.:' :~~ ': ,'.:~. ,?<,_;':~:o,,:'':)'''?'"'':?r_~':'~::~---'-',:':'~:2.i:-:;;-::~'.ff~:.;~~iA~.'~'!~-~':~:~'~~:9jj'i'q#Jt~~':::t_~3~i~$f-i~~~:- 19. As a proximate result of the described activities, 2 the asphalt driveway has been severly damaged, and other pro- 3 perty damage sustained. Plaintiffs'possession and enjoyment 4 of their property is thereby substantially impaired and inter- 5 fered with. Further, the damaged and despoiled appearance of 6 the property has seriously diminished its value. 7 20. In 1981, and thereafter, plaintiffs and plaintiffs' 8 tenants gave both oral and written notice to defendants, and 9 each of them, of the damage caused by the various trespasses, 10 and requested its abatement, but defendants and each of them 11 have refused, and continue to refuse to abate the trespasses. 12 21. As a proximate result of the trespasses created 13 by defendants and each of them, plaintiffs have been, and will 14 be injured in a sum as shall be shown upon proof at trial, said 15 sum being necessary to install appropriate drains, replace 16 damaged asphalt and indemnify plaintiffs as to any liability 17 to their tenants for loss of use. 18 22. As a further proximate result of the trespas~es, 19 the value of plaintiffs'real property has been diminished by 20 a sum in excess of $50,000.00, said exact sum as shall be 21 shown upon proof at trial. 22 23 WHEREFORE, plaintiffs pray judgment against defendants 24 and each of them as hereinafter set forth. 25 II 26 II 27 II 28 II - 6 - . ." /. ,i7~il:r:?-_t'-:":::?::':'H ~ -~- :>~~~~.:~":of~ ,;~fF:.&j,;;':~~-7;:,~~~~~~~;;,;.~.~,~y~-,~:......:;.p:.'!f..'-.7:':a;.,..\~_:::. :~";,,?';~~;';':'~j.,k:;""~~~~_:;'~:'''''-':~:':'':;''''~.~':~~'J_~~~~''~.'''''''':':';' _.. '". ~--.7 .'-~>"':"--=" ~ <#~?'~;:;:~.~~'f,~1~_~~~.~::.~~._.it~~~~~r_f~J ,~.,"~,j.~~~~~~~~~~~~,:~.~~.*-<~~;~"...~":i~~:._,:I:.~~.,'.:,-,.": ..i~~.~-::'::::~:~".~':~-P.:-?':':~~:'~:~:~_'-, ...' _~.~:3' /~ '/ 2 3 THIRD CAUSE OF ACTION (preliminary and Permanent Injunction) 23. Plaintiffs incorporate by reference Paragraphs 1 4 through 8 of the General Allegations and the allegations of the 5 First and Second Causes of Action as though set forth in toto 6 herein. 7 24. Defendants, and each of them, have threatened to 8 and will, unless restrained by this court, maintain the nuisance 9 and continue the acts complained of, and each and every act 10 has been, and will be, without the consent, against the will, 1] and in violation of the rights of plaintiffs. 12 25. Unless defendants; and each of them, are restrained ]3 from their trespasses by order of this court, it will be nec- 14 essary for plaintiffs to commence many successive actions 15 against defendants, and each of them, to secure compensation 16 for damages sustained, thus requiring a multiplicity of suits, 17 and plaintiffs will be daily threatened with damage and spoil- 18 ation tv all or a part of their property and improvements 19 thereon, as well as sustain an interference with the possession 20 and enjoyment of their property. 21 26. Unless defendants, and each of them, are enjoined 22 from continuing their course of conduct, plaintiffs will suffer 23 irreparable injury in that the usefulness and economic value 24 of plaintiffs' property will be substantially diminished and 25 plaintiffs will be deprived of the comfortable enjoyment of 26 their peoprty. 27 27. Plaintiffs have no plain, speedy, or adequate 28 remedy at law, and injunctive relief is expressly authorized - 7 - f !,.~;;"C, .' '~;'~~"b~~'i~;~'~--:'~:;.-:Y-~';"";:'h~_':~~~- ,.;-_ ~:1' 1 ....;".,.';';~.~i;:;3fff~~:;;'~t~i'E~;;;?2.;;~,i;.~~"-'*~"'~"'i!'~~1~;:":::,,:"1~~-:."+.:t~~%'~T~~j.~~~"".'~~:;:{~(" ,."~--~~ 2 by Section 526 of the Code of Civil Procedure. 28. Defendants, with full knowledge of the damage and 3 spoilage to plaintiffs' property and of the discomfort and dif- 4 ficulties caused to plaintiffs, have willfully, oppressively, 5 and maliciously continued to trespass and maintain the public 6 and private nuisance; accordingly, plaintiffs are entitled to 7 punitive damages against defendants, and each of them, in the 8 sum of $50,000.00. 9 10 WHEREFORE, plaintiffs pray judgment against defendants, 11 and each of them, as hereinafter set forth. 12 13 14 15 FOURTH CAUSE OF ACTION (Negligence) 29. Plaintiffs incorporate by reference the allegations 16 of Paragraphs 1 through 8 of the General Allegations and the 17 allegations of the First, Second and Third Causes of Action as 18 though set forth in toto herein.. 19 30. Since 1981, defendants, and each of them, have 20 negligently maintained, controlled, managed and operated the 21 truck stop so as to cause or allow flooding, chemical seepage 22 and chemical pollution from their property onto plaintiffs' 23 adjacent property. 24 31. As a proximate result of the nuisance created by 25 defendants, and each of them, plaintiffs have been, and will be 26 injured in a sum as shall be shown upon proof at trial, said 27 sum being necessary to install appropriate drains, replace 28 damaged asphalt and indemnify them as to any liability to " ...;,.... .r-...:"'-:i.{I.,.......~..;~... ..::<-l,......~;..A.,:.:r._~.t.";::~'ii:c.:-:.:-~'..~. :"-..:' ,:.' i~.:;~Y. .:;~~:;;.~~:'~..~_.::O:'=_~;,~:->~-:.:..:.::.:.:~~?'.~..;~-'-,.:~~:~._~..::'.;,..":7,'.( . ...~5~:::.,~:.r__~~i-:~. ~~~~~.~~.,~~\t.i::~~:.'h~~z-~;:~~':~~~~~'.:.~:;,:.~,!~..y{~~:~:~~.y:~~.~;~~; .~.,..,.;,; :,;y::~::~,;~:~:~y~:~~i~~~~~_t(};/!-'f;~t;t~~Y.i:.t~if:f~iit~~J.-...;~t4..~!:.;!!.f!;::.~~?!:"'!3.~~~~~\~':'"~f. their tenants for loss of use. 2 32. As a further proximate result of the nuisance, 3 the value of plaintiffs'real property has been diminished by 4 a sum in excess of $50,000.00, said exact sum as shall be 5 shown upon proof at trial. 6 7 WHEREFORE, plaintiffs pray judgment against defendants, 8 and each of them, as hereinafter set forth. 9 10 II 12 FIFTH CAUSE OF ACTION (Intentional Infliction of Emotional 'Distress) 33. Plaintiffs incorporate by reference the allegations 13 of Paragraphs 1 through 8 of the General Allegations and the 14 allegations of the First, Second, Third and Fourth Causes of 15 Action as though set forth in toto herein. 16 34. On or abo~t March.2l, 1984, plaintiff JERRY BILLING 17 informed defendants and/or their agents that defendants mainten- 18 ance and U$e was causing flooding, chemical seepage and chemical 19 pollution on plaintiffs property; at said time and place, an 20 employee of defendants was pumping crude waste directly from 21 defendants property onto plaintiffs'property. In response, 22 defendants employee was rude and insolent and stated that said 23 dumping was being done with plaintiffs permission, which it 24 emphatically was not. 25 35. On prior and subsequent occasions, plaintiffs had 26 contacted defendants and/or their agents to complain about the 27 flooding et al and were treated rudely and insolutently. 28 36. Said conduct by defendants and their agents was _ n _ "--~:'":f;::::~~~~ ;"';;,f~;'~.:~~:'_';'~.~'~~:.'~~:":":~'~"';'';';':';''~'~:-'-. ...r:~i~:~')':~~:";;;'~_~~:":'-.--'~"':':":": . . v:~--;~~-!"".:,: ~_ ..... _ ~.,-.t ::~:"..;.~-:,~~:~~~:~_;.....; '-:~..:.u._,'_.;,;..;;;.:....;.-:_:.,:::~--,-=:." -..... -(7 / ~~~~..:~,>"-~~~~'~~~~,"~~~:':~,~;.~~~.._:'~~:f;..e~'S-!::..-.:- :;'-;'~"!":'~':'::';':::'~'.~7~~~?_~'.?;,<:~-e.;..:+:.:'~_:"~~:~.c~~;~~~.,;f#/iii:t#:j/~'~"9~:_~.~~~~4~ .' intentional and malicious and done for the purpose of causing 2 3 4 plaintiffs to suffer humiliation, mental anguish, and emotional and physical distress. 37. As the proximate result of the aforementioned acts, 5 plaintiffs suffered humiliation, mental anguish, and emotional 6 and physical distress, and has been injured in mind and body. 7 8 9 10 1l 12 13 14 15 16 38. The aforarentioned acts of defendants were willful, wanton, malicious, and oppressive, and justly the awarding of exemplary damages ~n the amount of $50,000.00 to each plaintiff. WHEREFORE, plaintiffs pray judgment against defendants, and each of them, as hereinafter s~t forth. SIXTH CAUSE OF ACTION (Tortious Interference with Prospective Economic Advantage) 39. Plaintiff~ ~ncorporate by reference the allegations 17 of Paragraphs 1 through 8 of the General Allegations and the 18 allegations of the First, Second, Third, Fourth and Fifth 19 Causes of Action as though set forth in toto herein. 20 40. Defendants, and each of them, knew of the economic 21 relationship between plaintiffs' and their tenants on plaintiffs' 22 property; without regard for this relationship defendants con- 23 tinued to allow flooding, ~hemical seepage and chemical pollu- 24 tion to adversely affect plaintiffs' property and interfere with 25 the tenants businesses. 26 41. As a direct result of the nuisance created by 27 defendants, and each of them, plaintiffs have been, and will 28 be injured in a sum as shall be shown upon proof at trial, said _ , n _ '- '" .~::, ,;, <:,\'= f-_::~.;- .:' - .. _ ,_., .....'_.._.........',.:......,.~,......_:;:~..;~. .._.:~~;Jl~.',.~~~~~ .~:-:-iti'i.;_~,'j:->:.::v;'i."::" ,:--;.; ~..--"" I ~ :~;.;j:-:~:;.~.~__.~-::_;.;:. :..._:;i-:.~':~.;,?~;:~_~~t"..:;.~7..;~~:.~:,~~-:::..:': ~_:~ 1 __i:"!f'-~i;~i'/:Ji;>j?gi,:J#-~-ff~~!'!::"::4!j?f''!3.;.;#.'''~,'''~..l't~'''~~~~I~:'t';~'%i~"l\'~~~~'fl'~.-:.. . .Ql;~~-::~~:. sum being necessary to install appropriate drains, replace 2 damaged asphalt and indemnify them as to any liability to 3 their tenants for loss of use. 4 43. Said conduct of defendants is and was willful, 5 intentional and malicious and was undertaken with the intent 6 to injure, vex, oppress and annoy plaintiffs and justify the 7 awarding of exemplary damages in the amount ot $50,000,00 as 8 to each plaintiff. 9 10 WHEREFORE, plaintiffs pray judgment against defendants, I] and each of them, as hereinafter set forth. 12 13 SEVENTH CAUSE OF ACTION (Negligent Interference with Prospective Economic Advantage) 14 15 43. Plaintiffs incorporate by reference the allegations 16 of Paragraph 1 through 8 of the General Allegations and the 17 allegations of the First, Second, Third, Fourth, Fifth and Sixth 18 Causes of Action as thougn set forth in toto herein. 19 44. Defendants, and each of them, knew of the economic 20 relationship between plaintiffs and their tenants; yet negligent- 21 ly without regard for this relationship defendants continued 22 to allow flooding, chemical seepage and chemical pollution to 23 adversely affect plaintiffs' property and interfere with the 24 tenants' businesses. 25 45. As a direct and proximate result of the aforesaid 26 conduct, plaintiffs have been damaged by the diminution of their 27 good economic relationship with their tenants in a sum as shall 28 be proven at trial. - 11 - - . ~:::-- " " . .'.';.:(~:~' '~';';~" ,: :~;",+,..,,'+~:'':''';';'~~7&~'::~:'-;'!'X''':' ~-. ..:-~s~~~~;~#~:..~~~~~.. . -, " '.. ~.'~ ~~.,~ - ...."..:.~......-:;.::..-~;.2.'...::.....:.-..'._:~,;~_....:..;.~...':,;:i.<..~!~.~~......~....~:'...>.....-..~'~'~;"'.' :~;~~."-~.~.;.".$.~.';ft~,~~~~4-.~~_.'.;-_~..~.~:.'..1'!if!.''...~.~w.-;~~.:._>_;.-':-.._;;~.~-"~...~~r.,,:rs&_- . -'""....;. .;~*t:~~:,:~:J~:::~'_;~7;R~~~~~~~";;'~::':,~,,-""~~~~~'~:'~..:~.::!~.1:!";,;~-:,:::~:,!: ........ '.- ~--_ ~_: __ . -- - - --- .- _ WHEREFORE, plaintiffs pray judgment against defendants, 2 and each of them as follows: 3 1; For a ~reliminary and permanent injunction enjoining 4 defendants, and each of them, and their agents, servants and 5 employees, and all persons acting under, in concert with or 6 for them from allowing flooding, chemical seepage and chemical 7 pollution from their property. 8 2. For general damages in a sum as shall be shown 9 upon proof at trial. 10 3; For examplary damages in the sum of $50,000.00 as 11 to each plaintiff; 12 13 14 4. For reasonable attorney's fees; 5. For costs of suit herein; and 6. For such further relief as the court may deem 15 proper. 16 Dated: November 2, 1984 8/1t['"d II R1i^ MO ~ Bryant H. By nes A orney for Pla~nt~ffs 17 18 19 20 21 22 23 24 25 26 27 28 , ~ '_.f~.'- . ........"', ':-::::~.~-t~\~~~i;1~;~.....::. .';;.~'::';:'::~~:~~:';:':::~~':'.:'~5'~<':~~:O~:~~~~_'~~"<::'-~':~_.- '. ..- ";.' ~,<l"~f...:-:.~;..;~...; :;-'~'.-,'~--:f-~.~~;-~:~;:.'4"';'---''';_-' ;-:~:::.:; " -: ~j:_'X~..ti.~,:~J'. ',:. ;;~~~~~~~;~~~~~e':.-q~Z;ff.*~~::=-;<:>~;.;i~~~_~:~~.}~::-t~.:"i?S~:'!':;:7~~~~ft";;,,,::'":',:~<;":~~:;.~~~~~1~'i';-:;.;'~;-'~:';~::':'~;~:~:_"~':\~:':-~.'1t~~~~~~ttt~.:; ....j BRYANT H. BYRNES ATTORNEY AT LAW 1306 TRIBUNE TOWER ~. 13TH STREET OAKLAND. CAUFORNIA 94612 TELEPHONE (<415) 452.4363 November 14, 1984 Fred Houston Winning Action Investments 7045 Dublin Boulevard Dublin, California 94568 Re: American City Truok Stop, Dublin,' California Dear Mr. 'Houston: After much consideration, my clients instructed me to draft a complaint. While we appreciate your prior letter, it doesn't really address the issues. Accordingly, I enclose a copy of a complaint that I have filed but not yet served. . Our present demands are substantially the same as spelled out in my May letter. To reiterate: 1. That you. take steps to insure that there be no further spills and.that currently there is no improper or illegal storage of fuel or chemicals on the property. 2. That you install drains on your prevent the flooding and overflow. 3. That you pay to ~~~~~~:~the the damaged asphalt. "- .__..~__j 4. That you pay to Mr. Billings the cost of repair or replacement of his well if it is polluted or otherwise damaged. property that would costs of replacing ,Il l .".' 5. That you indemnity Mr. 'Billings if he is in turn held liable by his tenants for loss of use during repairs. We are aware that you recently made an out-of-court settlement. with the Alarneda District Attorney to pay $7,500.00 .for the February spill. . We are also mindful that in July the planning Commission granted American City Truck Stop a six month extension and thus you .would be up for review soon. As a last attempt to avoid litigation, I. would ask that you contact me next week with an. eye towards an immediate meeting in Dublin between you, my clients, myself, and if you feel ap- propriate your attorney. Such a conference will allow us to visit the respective properties. _._..-.--~_. . .;::;.::~:i ...s. ~'::. .,::.0.;,.;..-;; _:_.,-.;.;;~...-;.:.....:~~:~:,-ti:.:~~~j~:~~ {;.~~L':>~'-;:F;':'~~~~~;~:; -;/~"";-~1~- ...~\.:-;~..~~~,~'.;:.:;':.;;';;';_:;;'~;~~;~":';..0~~\:rri:'>'i.~~.~~:;..;::~~"t~_:,;.~' '. . --------, ''';~-':~,~:'::i:g~.~~~~~~:~.~~ti~.#~~~~~~*;~~~~~t~~~~~,,~~~~~~~~~;ti~~~~ ,.....','. Fred Houston Page 2 November 14, 1984 If you. do not call me or decline a meeting, I will recommend to my client that we serve the complaint and commence the action. Very truly yours, Bryant H. Byrnes BHB:amc Ene. cc: Jerry and Marion Billings '.~~'~);'~-=;1,,"},; /l ? .... .' ..;_.~~._;'.~~::-' ~ .~~. - .~- ":'o-:.~~~~+~".: ~,:<~....;.:;,:;,:;~:::':;:':~._;;"';'~:~:;~~i;~.,;L;:;:",:;~.~;..~~ ----- .~ ~~~~~~l.:~_~.!fo:~-::..,,::. '.;~~.':~~:.>~~, ;~:.:'~.:"7~'?:\::r-'~~~~:;~:'~:;;~:7.~:~.,:~*~~if*:~:.::~~:~:,*~~#~~~~j.~e~~ ~ i Truck stop to pay in February oil spill t-f ~C4 DUBLIN - American City Truck Stop has agreed to pay $7,500 In an out~( -court settlement re- garding an oll and dlesel spill at the Dougherty Road company's proper- ty In February. Omclals from the truck stop agreed to the settlement last FrI- day and a Judgment was signed by Alameda County Judge Raymond Marsh Monday, accordIng to BIU Cosdn, a senior deputy with the Al- ameda County District Attorney's consumer fraud dlvlslon. Dublin police and the Alameda County Flsb and Game Department med the original complaInt agaInst the company with Cosdn's o(flce last February. The settlement also calls (or the company to restraIn from violating any law regarding the dIsposal, storage, or treatment o( hazardous wastes, "without admission o( any wrongdoing," Cosdn said. Diesel (uel was discovered leak- Ing (rom a broken underground line on the busIness' property Feb. 13, accordlng to company accounts. The line apparently had broken 60 to 100 days earlier, allowing an estimated 500 gallons o( dIesel (uel to seep Into the ground before the leak was discovered, according to investigators (rom LT. Corp" a Martinez (Inn specializing in haz. ardous waste cleanup. During a heavy raIn, the diesel (uel combined with 30 gallons o( motor (uel dumped on the property and began flowing across adjacent property Into the sewer system. The truck stop will pay the $7,500 In quarterly Installments over the next two years, Cosdn said. Vandalism loss at DUBLIN - The damage toll (rom last weekend's vandalism spree at Frederiksen School has doubled as school officials discov- ered (urther loss o( computer equIpment. One computer printer was stolen, while another prInter and a monitor were de- stroyed by the vandals, according to Princi- pal Ken Whipple. Those losses will cost the school an additional $1,50 proximately $1,000 in daT rooms, the library and th District officials have' pense o( extra employe clean up the mess. CoSI dlstrlct schools and paren Frede~ksen personnel pUI -..---- ... ............... ...- ................ -... . =:-::.;:~~?:~::~;:<: ",-. ~~:f~ci~~4 '::i~;:;;~~;;'-~'~;;,;'';-;:;;~F;:::..~~';;...''''';t*;~'':''':'"'';''c""!'~''':':'':-;'';'':''::'';::''::-~ ~~~j?:0-"':'-.~"'^::':':":";O.:.:.;,>,~..=,"~~-:,,:,,-.;-:-,.;.-:; : ,..~_.!' ,",::'-....;---~~-:~.~~:~_:--': . ----- /' -"'::;: / ':'.,j:'"""":'~-"":~tl..~:1fJ~~~~.......@I.~~~~Jii--.-.'. . . .,~ ... - ~ . __ __~'_Y_.. ~"_ . _, .' ..fI,., _ __'" ~}_~' .t2j).,.'~~~~~~~~,~~::;~~...<:s-.:...;::~~;--.;,;:':~.:~/.,;;:~,';. ...."- .. .......-. -.i'::'....~~ .:~~?:~.:.{*.'.;;.,.;..~~_-:~ ..c~.'~~:-'f7:,.~ff?:,W~L /)I//V7 BYRNES & TRIAI' A TTORNE:YS AT LA..... ."0.' "'ANKLIN ~l"'_r' "'Ulll ,'{lI' OAKLAND. CALIFORNIA 9461:l (4'51835.8966 CHARLES A. TRIA)" BRYANT H. BYRNES OF COUNSEL PHILIP D. REED III December 17, 1984 , , Hr. Phillip Brubaker Environmental Protection Agency 215 Fremont Street San Francisco, California 94105 Re: Oil/chemical spill of February 13, 1984 Location: American City Truck Stop Dougherty Road, Dublin, CA Dear Sir, Pursuant to 5 U.S.C. Section 552(a)(3), we request that your agency make available to us eny and all reports or other government records in your possession regarding the above-captioned oil/chemical spill. in particular, we request all records of the cause or causes of this spill; of the exact location and extent of the spill; of the nature of the substance spilled; of the environmental effects of the spill; and of steps taken to clean up the spill. If there may gain comply. is any access If so, fee or other requirement to these records we will please advise. before we be glad to Very truly yours, BYRNES & TRIAY PHILIP D. REED, III PDR:bto t; : ;'_-~~_-..:::::-..c-_,:_. '.- i :- _-"'-_S~~':~;~?~; :"..:~.~~"if~~!~e;:"~~~':~.';'~':F~;:;;,.~.~t--~~-- /' .:.... ? 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