HomeMy WebLinkAboutItem 4.01 Approve 09-23-1985 and 10-14-1985 Minutes■
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REGULAR MEETING - September 23, 1985
A regular meeting of the City Council of the City of Dublin was held on
Monday, September 23, 1985 in the meeting room of the Dublin Library. The
meeting was called to order at 7: 30 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.
PROCLAMATION
Mayor Snyder read and presented a proclamation declaring the month of October
as "Make-A-Wish" month, related to the non-profit organization with a sole
purpose of granting the wishes of children who are terminally ill.
REPORT ON THE COMMUNITY OF DUBLIN
Crystal Seals, a second grade student at Redwood Christian School presented a
report which she had prepared to the City Council entitled "My Community
Dublin" .
Mayor Snyder indicated the City' s appreciation and stated he hoped Ms. Seals '
interest would continue.
CROSSWALK REQUEST
Joyce Waite addressed the Council and requested a traffic detail in Dublin.
Ms. Waite also reported that crosswalk markings are needed at the
intersection of Emerald Avenue and Tamarack Drive.
Mayor Snyder directed the City Engineer to check into the situation to
determine the necessity of the requested crosswalk.
CONSENT CALENDAR
On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote,
the Council took the following actions:
Approved Minutes of Regular Meeting of September 9, 1985;
CM-4-202
Regular Meeting September 23, 1985
Approved the installation of a banner from September 24-29, 1985 by the
Dublin Rotary Club related to the Arts & Crafts Fair, on the chain link fence
near the Shannon Center;
Approved the Joint Exercise of Powers Agreement related to Paratransit
Services; Appointed the City Manager to the JEPA Administrative Committee;
Approved form of contract of Paratransit Services;
Approved the installation of a banner from October 7-21, 1985 by the Valley
Artists Association on the chain link fence near the Shannon Center;
Adopted
RESOLUTION NO. 102 - 85
FOR THE ACCEPTANCE OF IMPROVEMENTS
TRACT 4749
Authorized execution and substitution of performance bond in the amount of
$192, 000 in connection with the guarantee of work performed in Tract 4749;
Adopted
RESOLUTION NO. 103 - 85
FOR THE ACCEPTANCE OF IMPROVEMENTS
TRACT 5180
Authorized execution and substitution of performance bond in the amount of
$187, 254 in connection with the guarantee of work performed in Tract. 5180;
Awarded bid for Shannon Center janitorial services to Barry' s Janitorial at a
bid amount of $1, 195/month and authorized the Mayor to execute the Agreement;
Accepted improvements under Contract 84-9, Village Parkway Sidewalk &
Landscaping; authorized partial retention payment of $11,591. 10 to MCE
Corporation, with final payment of $2, 000 to be paid upon expiration of a
90-day maintenance period; authorized an additional appropriation from the
Street Improvement Reserve in the amount of $6,000;
Awarded bid for Contract 85-5A, City Storage Yard to MCE Corporation and
authorized the Mayor to execute agrement; Awarded bid for Contract 85-5B,
City Storage Building to Page Construction and authorized the Mayor to
execute agreement; authorized a budget transfer in the amount of $29, 050 from
the Contingent Reserve to the Capital Project Fund;
Approved Warrant Register in the amount of $118, 680. 08
Cm. Moffatt requested that the banner request from the Church World
Service/CROP, be removed from the Consent Calendar for discussion. Cm.
Moffatt stated that his understanding of the banner policy was that the
banner poles were for use by Dublin-based non-profit groups only.
Discussion was held related to the fact that a percentage of the money would
go to the Childrens ' Emergency Council in Dublin.
CM-4-203
Regular Meeting September 23, 1985
Cm. Hegarty felt that even though the policy states the organization must be
Dublin-based, the Council could waive the requirement under these
circumstances.
Cm. Jeffery questioned if the separation of church and state ruling would
present problems. City Attorney Nave indicated he saw no problem if the
Council allowed the banner.
On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by majority vote,
the Council approved the installation of a banner from October 12-20, 1985 by
the Church World Service/CROP, on the banner poles. Voting NO on this motion
were Cm. Jeffery and Cm. Moffatt.
PUBLIC HEARING
AMADOR PLAZA ROAD - NO PARKING ZONES AND LOADING ZONES
Mayor Snyder opened the public hearing.
Shamrock Ford, Chrysler & Plymouth has requested no parking areas (red curb)
on Amador Plaza Road to improve sight distance and safety at their driveways,
and a loading zone (yellow curb) to allow auto transport trucks to unload
without double parking on Amador Plaza Road.
Cm. Moffatt questioned if the Honda Dealership would most likely be in in the
future requesting the same thing. City Engineer Thompson explained that they
already have a substantial amount of red curb.
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 on an urgency basis, adopted
ORDINANCE NO. 24 - 85
ESTABLISHING TRAFFIC REGULATIONS
(No Parking Zones and Loading Zones on Amador Plaza Road)
PUBLIC HEARING
APPEAL OF PLANNING COMMISSION ACTION TO CONDITIONALLY APPROVE
IMPERIAL FREEHOLDS CALIFORNIA INC. , APPLICATION
Mayor Snyder opened the public hearing.
On May 13 , 1985, the City Council opened the public hearing on the appeal of
the Planning Commission action to conditionally approve PA84-049 Imperial
Freeholds California Inc. , application for Parcel Map 3582 extension. Mr.
Anthony Long, representing Imperial Freeholds, appealed the item because of a
condition which required the developer to pay $69, 000 towards the
installation of traffic signals at Sierra Court and Dublin Boulevard. Mr.
Long said that they were willing to contribute to the traffic signal if they
were successful in exchanging property with the Dublin San Ramon Services
CM-4-204
Regular Meeting September 23, 1985
District to relocate their proposed access road. The access road and
entrance to the site would then be at Dublin Boulevard and Sierra Court,
rather than at the proposed Imperial Court.
If they were not successful in relocating the entrance, they would object to
the contribution. After discussion, the City Council continued the item
until the September 23, 1985 City Council meeting to allow the developer and
DSRSD to negotiate a property exchange.
Mr. Long verbally indicated to Staff that he would like an additional
continuance.
Mr. Tony Long addressed the Council and stated that his company had received
word from DSRSD indicating a favorable response to the proposed exchange.
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 January 13, 1986 Council meeting.
PUBLIC HEARING
DUBLIN PUBLIC LANDS PREZONING AND ANNEXATION (CAMP PARKS AREA)
Mayor Snyder opened the public hearing.
On October 8, 1984, the City Council directed Staff to proceed with the
annexation of the Parks Reserve Forces Training Area (Camp Parks) and
Tassajara Creek Regional Park. The Staff contacted the property owners in
the area and received varying responses.
On March 11, 1985, the City Council expanded the annexation proposal to
include all publicly owned land to the east of the City. The City Council
determined that the consolidated proposal would provide a better forum for
discussing roadway access to the east and the potential effects of Alameda
County' s development plans on the City' s annexation of the area. Staff
proceeded with the environmental review, prezoning, services and financial
plan, and other annexation requirements.
On June 17, 1985, the Planning Commission recommended that the environmental
documents be adopted, and that the prezoning and annexation applications be
approved. With the assistance of Gruen Gruen + Associates, the services and
financial plan has been drafted.
The annexation involves three basic issues: environmental review; prezoning;
and services and financial plan. The Planning Commission recommended
adoption of the environmental documents and approval of the prezoning and
annexation application.
CM-4-205
Regular Meeting September 23, 1985
Various scenarios were discussed, being 1) Fiscal condition with no
annexation; 2 ) Fiscal condition with annexation, but no urban development; 3 )
Fiscal condition with annexation and 600 acres of new development in the
annexation area.
Cm. Jeffery questioned the comments made by ABAG and BART. Planning Director
Tong explained that the comments are fairly general and standardized
comments.
Cm. Jeffery questioned who controls the County' s development decisions. City
Manager Ambrose explained that the County controls these decisions, and the
City has no control over zoning which occurs on County land.
Fire Chief Phil Phillips indicated his concurrence with the City' s comments
related to this report.
Mayor Snyder closed the public hearing.
City Manager Ambrose explained that the City will not be able to forward the
application to LAFCO until the ordinance is adopted at the next meeting.
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the
Council adopted
RESOLUTION NO. 104 - 85
ADOPTING THE GENERAL PLAN ENVIRONMENTAL DOCUMENTS, (FINAL AND DRAFT EIRS,
RESPONSES TO COMMENTS ON THE DRAFT EIR, SUPPLEMENT TO THE EIR AND
RESPONSES TO COMMENTS ON THE SUPPLEMENT TO THE EIR) ALONG WITH THE
RESPONSES TO COMMENTS ON THE ENVIRONMENTAL REVIEW OF THE PREZONING
AND ANNEXATION PROPOSAL, AS THE ENVIRONMENTAL DOCUMENTS FOR
PA85-018 DUBLIN PUBLIC LANDS PREZONING AND ANNEXATION APPLICATION
and
RESOLUTION NO. 105 - 85
APPROVING AND ESTABLISHING GENERAL PROVISIONS FOR PA85-018
DUBLIN PUBLIC LANDS PREZONING AND ANNEXATION APPLICATION
waived the reading and introduced an ordinance amending the Zoning Ordinance
to permit the prezoning of real property located to the east of the existing
City limits.
adopted
RESOLUTION NO. 106 - 85
AGREEING TO AN EXCHANGE OF PROPERTY TAX REVENUE CONCERNING
PA85-018 DUBLIN PUBLIC LANDS PREZONING AND ANNEXATION APPLICATION
and
RESOLUTION NO. 107 - 85
DIRECTING STAFF TO FILE AN APPLICATION WITH LAFCO REGARDING PA85-018
DUBLIN PUBLIC LANDS PREZONING AND ANNEXATION APPLICATION
CM-4-206
Regular Meeting September 23, 1985
and directed Staff to prepare a letter to the Dublin San Ramon Services
District requesting its support of the annexation.
SENIOR CITIZENS CENTER
At the February 25, 1985 regular meeting of the City Council, Staff was
directed to conduct a needs assessment of Dublin Seniors. In addition, the
Council authorized Staff to request an RFP for 1984 Senior Center Bond Act
Funds.
The Needs Assessment was completed and. the results presented to the Council.
The completed application forms for 1984 Senior Center Bond Act funds were
also presented to the Council. A total of $73, 650 is being requested
(Renovation -$53, 500, Equipment-$5,300, Program Startup Costs-$14, 850 ) .
Senior Center Bond Act funds will not be made available until April of 1986.
Staff felt that this gives the City and the Murray School District sufficient
time to complete the sale and transfer of ownership on the multi-use room at
Fallon School. It is estimated that it will take 3-4 months to make the
necessary improvements to the multi-use room. The Center would then be ready
for occupancy by late August, 1986.
Cm. Jeffery questioned how the survey was distributed. Recreation Director
Lowart indicated that the surveys were passed out to groups that meet at the
Shannon Center, distributed through stores .and bowling alleys, to people
coming in to get Gold Cards and Directory and passed out at the Dublin
Library.
Ms. Lowart reported that many seniors indicated they would like to come to a
drop-in center as opposed to an organized group.
Mayor Snyder questioned if there were really 1 , 200 seniors in Dublin that
need this service. Numerical statistics were discussed.
Ms. Lowart indicated that the building will need to be brought up to Title 24
requirements , and further, that the building will not be for use exclusively
by seniors.
With regard to the price estimates, Ms. Lowart indicated that the figures
presented had been honed to a much finer degree than the figures presented
during budget preparation.
Cm. Jeffery commented that all of these plans are based on the premise that
the Murray School District will sell the Fallon site to the City at an
acceptable price.
On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote,
the Council approved the application for 1984 Senior Center Bond Act funds,
adopted
CM-4-207
Regular Meeting September 23, 1985
RESOLUTION NO. 108 - 85
APPROVING THE APPLICATION FOR FUNDS UNDER THE
CALIFORNIA SENIOR CENTER BOND ACT OF 1985 FOR THE DUBLIN SENIOR CENTER
and directed Staff to continue negotiations for the Fallon School site with
the Murray School District.
GARBAGE COLLECTION FRANCHISE
In accordance with earlier City Council direction, the firm of Hughes, Heiss
& Associates has proceeded with the study of those services provided by the
Dublin San Ramon Services District. Hughes, Heiss & Associates has
completed their review of the Garbage Franchise which is presently held by
the Dublin San Ramon Services District for both the City of Dublin and
southern portion of the City of San Ramon.
The Dublin San Ramon Services District had indicated that it would like a
response from the Cities no later than October 20, 1985 with respect to the
position of the Cities of Dublin and San Ramon with respect to the Garbage
Collection Franchise. The Dublin San Ramon Services District Franchise
Agreement with Oakland Scavenger expires on April 1, 1986. The Agreement
provides that the Dublin San Ramon Services District must notify Oakland
Scavenger by January 1, 1986 , as to whether it intends to renew the Garbage
Franchise.
In a memorandum dated September 6, 1985 the City Attorney indicated that the
City does have the right to exercise the Franchise to provide collection of
garbage for Dublin residents. This interpretation has been supported by the
legal services utilized by Hughes, Heiss & Associates.
John Heiss addressed the Council and gave an overview of the report. Mr.
Heiss explained that there is little risk as far as the City is concerned.
The rates probably won' t change that much. Because of the fact that Dublin
is very heavy on commercial vs residential pick-ups, it may be possible that
Dublin could negotiate a better rate without the heavy residential area of
San Ramon. The current franchise fee is 7. 6%.
Cm. Jeffery questioned what if DSRSD goes ahead and renews their franchise
anyway. Will it be possible for the City to take over at a later time or
would the District have to be dissolved. Mr. Heiss responded that the later
would probably be best. Both the City and the District could go out for
franchise and the question would be to which request for proposal would the
collection companies respond.
Cm. Vonheeder had questions related to the separate franchise surcharge.
Because of the fact that part of the fee is theoretically to be spent to find
alternate sources for landfill, if the current service provider is not in the
business of providing service any longer, then how can they be entitled to
something that is supposed to find alternatives to the service in the future.
Cm. Jeffery felt the issue should be discussed by the liaison committee.
CM-4-208
Regular Meeting September 23, 1985
Mayor Snyder felt there was no point in referring it back to the liaison
committee because the District had asked the City for a decision, and the
Council could make that decision at this meeting.
Cm. Jeffery felt that the City Council could agree to intent and because
sufficient time exists, send the issue back to the liaison committee, then
consider it at the October 14th City Council meeting, and still meet DSRSD' s
requested deadline for a decision. Cm. Jeffery felt this would also provide
an opportunity to remind DSRSD of some of their past statements when both
cities incorporated, that they would do everything possible to help those two
cities, and if that meant the dissolution on some of their services, that
would be what it would be. This was what they promised the community. The
committee could also possibly negotiate something with regard to the
franchise fee, plus create some good will, and avoid an uphill battle.
Cm. Moffatt pointed out that the District has already contradicted themselves
with their decision not to cooperate with the Fire Services Study
Mayor Snyder again pointed out that everyone is aware of what has been going
on, there are no secrets, and DSRSD did ask that a decision be made by
October 20th.
John Heiss stated that theoretically the Board of DSRSD could decide to go
out with their own contract.
City Attorney Nave stated that as a practical matter, this may force the City
to request that the District dissolve because if Oakland Scavenger looked at
the City of Dublin and at DSRSD, they might be hesitant to enter into a
contract with DSRSD, as it is generally felt that the City will be around a
little bit longer than DSRSD.
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by majority vote, the
Council adopted .
RESOLUTION NO. 109 - 85
EXPRESSING THE INTENT OF THE CITY COUNCIL
TO AWARD A FRANCHISE FOR THE COLLECTION AND DISPOSAL
OF SOLID WASTE AND REFUSE IN THE CITY OF DUBLIN
and directed Staff to notify the Dublin San Ramon Services District and
Oakland Scavenger that the City of Dublin intends to become the Garbage
Collection Franchisor effective April 1, 1986; to petition the Alameda County
Joint Rate Review Committee for inclusion in Joint Powers Agreement. Cm.
Jeffery and Cm. Vonheeder were opposed and voted NO on this motion.
Cm. Jeffery clarified that she was not opposed to the issue, but rather the
timing.
On motion of Cm. Moffatt, seconded by Cm. Vonheeder, and by unanimous vote,
the Council determined that the City should solicit bids for garbage
collection services, as opposed to negotiating directly with Oakland
Scavenger.
CM-4-209
Regular .Meeting September 23, 1985
OTHER BUSINESS
Truck Parking
City Manager Ambrose reported that the City had been officially notified that
the Alameda County Fair Board had denied the request for truck parking. This
item is scheduled for the October 14th agenda.
ABAG General Assembly
Cm. Moffatt queried the Council with regard to three issues needing decisions
at the upcoming ABAG General Assembly. Council consensus was that Cm.
Moffatt, as the City' s delegate, should vote on the issues involved.
AIDS Task Force
Cm. Moffatt reported that he had attended an AIDS Task Force meeting, and
that in the future, we will be asked to look at the Los Angeles Ordinance
prohibiting discrimination against anyone who has a medical problem.
BART Bus Schedule
Cm. Moffatt indicated that he had received several calls from people
indicating they were unhappy with the new BART bus schedule. It seems that
the connecting .buses are leaving just prior to the arrival of the buses in
need of making the connection. City Manager Ambrose indicated he would
contact BART regarding their schedule.
Cm. Jeffery felt it is again time for Robert Allen to address the Council
with an update related to BART.
City Manager Ambrose indicated he would contact Mr. Allen with an invitation
to provide an update at a future Council meeting.
Mail
Cm. Jeffery requested that Staff, in the future, open mail addressed to her
that comes through City Offices in order that time dated material can be
responded to in a more timely manner.
CM-4-210
Regular Meeting September 23, 1985
Dublin Connection - Irish Marathon Runner
Cm. Vonheeder reported that she had met with Nancy Feeley from the Chamber of
Commerce regarding the proposed joint City/Chamber event honoring Dick
Hooper. They felt the most workable event would be a no host dinner,
possibly at Staffords or the Dublin Corral on December 5th. The invitation
list could be developed by both the Chamber and the City, with the City
paying postage costs for mailing the flyers.
CLOSED SESSION
At 9: 16 p.m. the Council recessed to a closed executive session to discuss
property negotiations, Dolan Park Site, Government Code Section 54956. 8.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 10: 00 p.m.
Mayor
ATTEST:
City Clerk
CM-4-211
Regular Meeting September 23, 1985
REGULAR 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-4-212
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 Mayor 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-4-213
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/RAGMAN 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-4-214
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 area.s 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-4-215
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 owners to those that have thousands of trucks in a
fleet. Mr. Parker urged the 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 Scares, 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-4-216
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.
City 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-4-217
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
to 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-4-218
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-4-219
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 Council, the meeting was
adjourned at 11:30 p.m.
Mayor
ATTEST:
City Clerk
CM-4-222
Regular Meeting October 14, 1985