HomeMy WebLinkAboutItem 8.1 Crossridge Road Gate
CITY CLERK
File # D8][3]IQ]-[3OJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 18,2006
SlIBJECT:
Alamo Creek Bicycle Path: Potential Connection to Trail Located in
San Ramon at the Crosstidge Road Gate
R"l)()rt Prepared bv Melissa Morton, Puh/ic Works Director
ATTACHMENTS:
I Leller from Herb Moniz, City Manager, City of San Ramon
2, Letter dated May 24, 200t\ trom Allan C Moore, legal <,;ounsc!
representing the DavIs Family
3 Letter from Theresa Folse, n70 Crossridge Road
4 Letter from Jeanne Olson
5 Customer Response Management Items
0, August 19, 2003, Statl' Report, excerpts of the Mitigated
Negative Dedaration, and letters from Counsel I;,r the City and
the DavIs family memorializing settlement terms
7 Meeting Minutes for the June 7, 2006, Dublin-San Ramon
Liaison Meeting regarding PathlTrail Connedion
8. Letter dated July 7, 2006, from the Law Offiecs of Gagen,
McCoy, McMahon, Koss, Markowitz & Raines
9 Vicinitv Map
RECOMMENDATION:
----."
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Rceeive the report, receIVe puhlk comment, and proVIde direction to
Staff with regard to a conncction between the Alamo Creek Bi<,;yde
Path and the adja<,;ent trail loeatcd in San Ramon or provide
alternative dlredion.
FINANCIAL STATEMENT:
Staff time would bc required to <,;ompletc necessary do<,;uments in
order to grant an casement to the City of San Ramon tor Emergency
Vehicle Aeccss and/or trail access, Further envmmmcntal
documentation would be necessary to grant an <,;aSC!11cnt for trai I
purposes,
______________________~~.__________~~R_________________________._________w_~______________~_________~________
COpy TO: Martin Lysons, Gagen, McCoy, ct at
Ucrb Moniz, City of San Ramon
Page I of3
ITEM NO.---B-1-
1-': ,111-'I.:nmi:it.:\n:pt.:at orw hour parkillg daj'k <t'l't.:
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DESCRIPTION: The question regarding a connection between the Alamo Crcek
Bicycle Path (Path) and the adjaccnt trail in San Ramon was origlllally a~ked by a residcnt on Crussndge
Road, The gate bctween the two facilities had been open for some lime, but the residcnt had recently
experien<,;ed significant vandalism as a result of the in<,;reased use of the Path and trail connection, When
Stall' wnduded an investigatIOn mto the gate at Crossridge Road and its origins, it was dear that thc gatc
should be closed until a morc in-depth investigation could be <,;oJl(luded.
City of Dublin Staff, in cooperation with statr from the City of San Ramon, examined re<,;ords and
do<,;umentallon on the ISsue. At the end of Crossridge Road is a five-foot stnp of land dedicated to the
City of Dublin m fee by the developer of the subdivision in which Crussridge Road is situated, The gate
in question was originally constructed by the developer of the Bent Creek subdivision in San Ramon,
That devcloper obtained an encroachment permit from the City of Dublin to construct a driveway over the
strip of land at the end of Crossridge Road tor Emergency Vehicle Acecss (J::V A) and sewer <,;onneetion
purposes, The City has no record that the five-toot stnp of land was ever accepted, but the dedication has
not expired. There is also no re<,;ord that an easement for EVA or trail purposes was ever a<,;quired by the
dcvdoper or the City of San Ramon,
The City of Dublin received a letter datcd May 9, 2000 from Herb Moniz, City Manager f;lr the City of
San Ramon rcquesting Dublin's <,;omments on the installation of a pedestrian gate at the lo<,;ation of the
CUHent vehlde ac<,;ess gate at the cnd of Crossridge Road (See Attachment I ) The pedestrian gate would
allow pedestrian access only and hmlt vehicular aeccss to emergency vehicles. He also cites that
numerous San Ramon residents havc requcsted that access to the Alamo Crcek Bicycle Path be opened
on<,;e again, San Ramon Staff is eUHently investigating several alternati ves for access between the Path
and trail Once they have completed their prcliminary engineering, they would like to meet with the City
of Dublin and Zone 7 to discuss potcntial trail connedivity
On June 7, 2006 a Dublin/San Ramon Liaison Committee special meeting was held. At that meeting, a
number of residents ITom Dubhn and San Ramon requested that the gate be opencd. The Dublin High
School Cross Country Team also indi<,;ated that opening the gate would enahle the team to practice and
hold Cross Country mcets. Mr and Mrs. Davis, residents of Crossridgc Road and theIr attorney expressed
opposition to opening the gate on a permanent basis, San Ramon Coundlmember, Dave f-fudson,
indicated that while he felt there needed to be a way to pursue vandalism complaints and assure they did
not reoe<,;ur, he supported the conncetion of these two trails to enhance the trail experien<,;e for both San
Ramon and Dublin residents,
Attachments to the Staff Report include testimony hoth advocating that the gate between the two trails be
reopened, and that the gates renlain dosed, Attachment 0 is the August 1 CJ, 2003, Staff Report Adopting
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Awarding
Contrad 03-0R li,r construction of thc Alamo Creek Bike Path, Amador Valley Boulevard tu North City
Limits and excerpts of the Mitigated Negative Declaration. Also mduded in Attachment 6 are Icttcrs
tr011l the City Attorney and thc attorncy for the adJa<,;ent propcrty owners memorializing the tenus of
settlement.
In examining the corresponden<,;e of Allan C Moore, attorney for the Davis Family, asserting that tbe
negative dedaratllln never analyzed the potcntial connection of the two faeilitics, the City Attorney has
detenmned that the original cnvironmental analysis for the Path did, in fact, limit analysis of the Path's
use to potential trail connections to the south, not to the north, Consequently, m order for thc City
Council to grant a<,;<,;ess tor a trail mnnection at the coterminous of Crossndge Road and the RV I\, fi,r tll<;
Bent Creek Subdivision, additional environmental analysis and documentation would he necessary
Page 2 of3
The July 7, 2006, letter from the Davis Family's attorney diseusscs granting use to the Cross Count\)
Team_ However, It is the City Attorney's opinion that even granting temporary and infrequent. use t.o the
Cross Country ream would <,;onstitute a projcct under the California Environmcntal Quality A<,;t and
rcquirc cnvironmental analysis.
<>taff recommends that the City Coun"il receive thc report, accept puhh<,; testimony, and provide direction
to Staff WIth regard to a connection bctwcen the Alamo Creek Bieyclc Path and the adja<,;ent trail located
1ll San Ramon or provide alternativc direction,
Page 3 00
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CITY OF SAN RAMON
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2222 CAMINO P AMON
S..,N RAMON. r'Al.Il'ORNLIl 945H3
Pl-!nNE: (112S'} 1171-2500
'W PH SllF: www.sanr::Jl11on.c'-l.gov
C''Y\ M. III>lAGE.ti5Tlffli"b
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May 9, 2006
Rich Ambrose, City Manager
CIty 01 Duhlin
100 CivIc Plaza
Dublin, C A, 9456R
Dear Rich,
We have received numerous requests from our rcsidcnts to gain access to the Zone 7 Alamo
Creek Trail at the end of Crossridge Road from the City of San Ramon via the EVA ofT of our
Vista Monte Drivc.
The City of San Ramon owns the fence that scparates our two cities and the gate that provides
the ability of San Ramon resIdents as weIl as Dublin rcsidents to ac<,;ess trails in each of our
jurisdictHlns, The easiest way thIS <,;an he ac<,;omplished is to provide a pedestrian access gate in
our fence, 10 your Crossridge Road. Pnor 10 our instaIling a pedestrian ac<,;ess gate, we would
like to gain your City's support for such an a<,;cess gate.
We are aware that the large existing gate has heen left opcn for several years allowing fi'e~
acc~ss from both sides, however, there have been instances where young people have apparently
drivcn up our EVA from Crossridgc Road for inappropriate uses. A pedcstrian gate would
eliminate this from happening and not hamper thc emergency ac<,;ess required while still
!11Rintaining thc locked vehide gate,
Pleasc let me kno,^, if the City of San Ramon <,;an proceed with such a pedestrian only access
gate, and any stipulations or <,;onditions that the City of Dublin would require with such an
approval.
Thank you for your <,;onslderation, 110lll<. forward to working together with you to resolve this
issue for all of our residents,
Si~
lIerh Moniz
City Manger
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.LAW OFFICES OF
GAGEN, M ~OY, McMAHON & ARMSTRONG
A PROFESSIONAL CORPORATION
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WnLJ,lJ.1 GAGEN, JR.
GREGORY 1.., Mccoy
PATR.lCKJ. MCMAHON
MARJ( L AkMSTRONO
CI-lARLJd:S A. Kuss
MICHAELJ. MAKKO'l\llTZ
RICHARDC. RAINES
BARHAM DUVAL'EWF-U..
){OBP.RTM. FANUCCI
ALLAN C. MOOJl,E
STEPHEN T. BUBlIL
AM.l,NP~ BEVINS
MARTIN l...VSONS
K."I.~'ltElUNE S. ZEIALNY
ERIt: S. QUANDT
l-AI,JRENE.Dol1G1l
ANNA. CLAVERJA BFlANNAN
SAJIAH S, NIX
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DANVIU_E OFFICE
179 rRONt STRBS1"
~~\'I P.O Box218
DANVILLE., CAJ..WORNIA 94526-0218.
TEr.f.rHoNE. (925) 837-0585
FAX. (.25) 838.5985
May 24, 2006
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hJjLI\ij.\,,~t;;.i'''' ,
.-. NAP A V ALLEY OFFICE
'!:"I" Jr::.:.. THE OrrlCES AT SOllfHBRIDGE
1030 MAIN STREET. Surr~ 212
51' HELENA. CALlfORNLA 94574
TELEPrlONr.' (707) 963-090.
FAX. (707) 963.5527
PI~""K~lyja:
OBDville
UJ'CO\Jl'l$EL
LINN K. COOMBS
Via Facsimile (510/444-1108)
and U.S. Mail
Elizabeth H. Silver
City Attorney, City of Dublin
Meyers Nave Riback Silver & Wilson
555 12th Street, Suite 1500
Oakland, CA 94607
Re. Alamo Creek Bicvcle Path/Consideration of Pedestrian Gate at Crussridge Road
Terminus by City of San Ramon
Dear Ms. Silver"
Our offices were retained in 2003 by David and Terry Davis ("Davis family") and
other concerned neighbors in Dublin's Ridgecrcek and Woodlands subdivisions and 1ll
the Alamo Creek area, with regard to the City of Dublin's original consideration of a new
path along a Zone 7 water agency maintenance road (hereinafter "Alamo Creek Bicycle
Path," or "Path").
As you will recall, in May of 2003 the City of Dublin originally proposed the
Alamo Creek BIcycle Path, At that time, the City determined that the Path would not
create any environmental impacts, and the City issued a Notice of Exemption under the
CalifornIa Environmental Quality Act (CEQA)
The Davis family and concerned neighbors submitted extenSIve comments,
documents, and related testllnony, all opposing the opening of the Path. The neighbors
confirmed that homes in the area, including those on Oxford Circle (and other zero-lot
line homes), with streets in the rear, and only small areas in the front (directly adjacent to
the Path), would be significantlv impacted. The neighbors confirmed that constructing
the Path would cause increased noise, loss of privacy, and criminal activity. The
neighbors further confirmed that the design pattern of the subdivision distinguishes this
f:\cJacrn\~5.34S\Silve:r Ltt OS2406.doc
ATTAUIDIENT l.
Elizabeth H. Silver
May 24, 2006
Page 2
., 0 f 4- 7
proposed Path and its impacts from the Iron Horse Trail and other highly utilized trails
and paths.
Further with regard to the Path, the neighbors carefully documented the history of
the Zone 7 maintenance area and the then-proposed Path. In the rnld-1980s, at the tlrne
of the original approvals ohhe subdivIsions surrounding and near Alamo Creek Park, the
City Council specifically considered public access to the Alamo Creek area, and rejected
such access in favor of a separate park and trail system in the area. Minutes of City
meetings in 1985 show that the Council specifically opposed development of trails
adjacent to Zone 7 facilities because of "security and maintenance issues."
Instead, at the time of approval of the original License Agreement in 1987, the
Dublin City Manager, staff and other city representatives con tinned that specific portions
of Alamo Creek should not be utilized or accessed by the public, City representatives
stated: (I) the creek is intended to be inaccessible; (2) the Uoint use agreement)
"intensifies the lands<,;aping within the channel" and should provide for a bridge and
permanent four-foot fence to keep children out of the creek; (3) the proposal (for
inaccessibility to the creek) will be "environmentally bettcr" for the creek; and (4) The
hanks of Alamo Creek arc "steep and hazardous," not like those of Shannon Creek.
In response to these concerns, and this history, the City of Dublin withdrew the
Notice of Exemption under CEQA, and prepared a MitIgated Negative Declaration
(MND). The MND confirms that, with the mitigation measures proposed, the new Path
will not have significant impacts WIth regard to use of the Path, including privacy and
noise impacts.
The City of Dublin's MND, in coming to such condusion, asserts that the Path "is
antIcIpated to be a local pathway, used by local Dublin residents and visiturs . " Under
this assumption of minimal use of the Path, the MND concludes that privacy and noise
impacts will be minimal.
Even with these assurances, the DaVIS family and concerned neighbors challenged
the issuance of the MND and constructIOn of the Path. However, instead of filing a
lawsuit, the Davis family and neighbors worked carefully with the City of Dublin, and
arrived at a compromise ("settlement"). That settlement is embodied in the City
Attorney's letter of September 17, 2003, and a corresponding response from our office
dated September 19,2003 The settlement confirms that the neighbors would not file a
further judicial challenge to the City's approval of the construction uf the Path, provided
that the City would address the neighbors' concerns as follows.
f-\clacm\35345\Silver I.l.r o52406.doc
Elizabeth H. Silver
May 24,2006
Page 3
4 0 ~ 47
"'Ensure that all local path gates are locked at sundown; opened at sunup,
and closed during winter months/high water levels.
"'The City would reimburse property owners adjacent to the trail for
landscaping (to address privacy concerns).
"'The City would address certain fencing Issues to keep local residents and
pets out of the creek area.
"'The City would work with the residents to prohibit parking for non-
residents at the end of Crossridge Road.
"'The City would post signs stating "Bike Path and Nature Trail," and
evidencing that this is a sensitIVe, natural area.
These conditions (hereinafter "Path Cunditions) were (and are) extremely
important to the Dublin residents in the Path area. These Path Conditions were
specifically tailored to address the privacy, nOIse and related environmental concerns of
the Davis family and the concerned neighbors in the referenced subdivisions.
It has now come to our attention that the City of San Ramon is eonsidenng
"working with the City of Dubhn" to open the gate at Crossridgc Road, and providing a
pedestrian cunnection from the City of San Ramon's eXisting emergency vehicle access
(EVA) road in the area, to the Alamo Creek Bicycle Path.
The Davis family and concerned neighbors want to unmediately and
unequivocally state their opposition to opening of the referenced EVA. We have been
informed by thc City of San Ramon that "permanent pedestrian access "was never
indicated on the plans for the EVA." As shown. the Alamo Creek Bicycle Path was
specifically intended as a local, neighborhood serving Path only, with numerous and
specific conditions to protect the neighbors and the environment. Opening of the EVA in
the area will increase the foot traffic and all related impacts III the area. Opening the
EVA will further undermine the assumptions and conclusions of the referenced MND
Finally, and most importantly, opening the EVA will destroy the carefully crafted
settlement betwecn the neighbors and the City of Dubhn.
Under all these circumstallCeS, we would respectfully and strongly obJect to any
opening of the EVA and connection with the Path. (By copy of this letter to both Dublin
and San Ramon, we further request that we be given notice of any meetings or further
discussion of these issues by eIther City)
f: \C1~cm\35345\Sil...er l1r 052406.doc
Elizabeth H. Silver
May 24, 2006
Page 4
50f 47
Thank you for your consideration of these important Issues. Please do not hesitate
to contact our offices with any questions.
Vew truly%urs,
I! 1 .
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, Xflan C' Moore
ACMlkra
cc. ~ Richard Ambrose, City Manager (By Facsimile and u.s. Mail)
City of Dublin
Herb Moniz, City Manager (Bv Facsimile and U.S Mail)
City of San Ramon
David and Terry Davis
F:\clacm\35J45\SilVl::T Ltr QS2406.doc
JUN-6-2006 11:09P FROM:THE FOLSE'S
925 829~6976
TO: 83361';51
I"'.l
00(+7
June 6, 2006
Mr. Ri.cbard Ambrose
City Manaem:
100 Civic Plaza
Dublin,. CA 94568
Fax:925-833~1
RE: DUBLINISAN RAMON PEDESTRIAN OATE
CROSSRIOOE ROAD, DUBLIN
Dear Mr. Ambrose:
This letter is a follow-up of our conversation of June 5, 2006. My lllUllIl is
Theresa Folse $lid I bave l'esided on Ctossridge Road since the opening of the
development, approximately 18 years ago. I am writing to request that a pedestrian gate
be installed :&om Crossridge Road to the San Ramon path. For several years we have
eIlioyed the beautiful walk ftom our neighborhood to San Ramon and then over Old
Ranch Road to the Iron Horse Trail. So many neighbors, along with myself miss the
DCCelIS and would like to see it accessible as soon as pollllible,
One idea I thought would be to connect the path at the top of CrollStidge Road,
but inside the gate, so that when you lock the path in the evening, this would be locked at
the same time. taking into consideration the neighbors at the top of the court. This al50
would alleviate any motor vebielell nom baving access or any bleydes at any rate of
speed,
The rell80n why so many Dublin residents bad not oonh>MM the City of Dublin
prior was because there was a letter posted was from the City of San Ramoll, stating that
we could contact them mgardiDg aU our concerns. If you want public feedback, you
could post a memo like the City or San Ramon. You would be lIItIlIZed to see how many
residents would be in favor of this pedestrian path.
I appreciate your consideration in this matter.
.\...~
-
Folse
78 0 Crossridge Road
Du liD. CA 94568
( ) 829-8646
ATTACHMENT 3.
06/07/2006 11:46 YA~
'1:1II"''''''''' vv..
AlAMEDA COUNlY PROBATION DEPARTMENT
5672 STONERlOOE DRIVE
PLEASANTON, CA 94eS8
P~one: (925) 551-6878
Fax: (925) 551~798 (4~798)
70 f +7
Fax
June 7. 2006
To: Richard Ambros~
City Manager. City of Dublin
From, Jeanne Olson
~~
PLEASANTON PROSA1l0N
Fmn 925/833~6651
O"tel
6/7/06
Phone:
Pall""l
2 including cover sheet
Re: Pedestrian gat~ @ Cross ridge Rd. cel
11 Urgent
o For Review
o Please Comm..nt 0 Pl..""e Reply
o PIe..,.., Recycle
-Comments:
Please read before the meeting with the city officials of San Ramon regarding
a pedestrian gate where the gate at erossridge has been padlocked to
prevent runn@rSt walkers reaching Old Ranch Park.
NOTE: This """"'lIl1'lls Inlendod fur the .... of the lndMdual or elllky to whi<:h tt Is acld_ and m"l' contJl/n InIO_ that Is
p.MIeged, conRdel1ial ond """"'fI! from dIsdosu," underlho appll<oblo law.
If"", am nOlOle IrMndod IOOlpIpnt ofll1l1! ....sage. you am ho<oby notified_any dlosemlnoUon, d_ulion and copying of l/lI$
~Isottldly~
Ifyw _l/lI$ """",",nlc>ollon In ermr, pIoue noUfy us ~ by IeIephcno and IOIum tho O11gha' to our Oepm1menIat
the_O<Id.........lheU,S.__, _gew.be,"~. ThankYou,
J!cIaI('MOOIIERSHe~OFl'lCEFAX"oc
ATTACHMENT !t..-
06/07/2006 11: 48 t'JU
"11::I........., -.....
'10+4-7
R1chard Ambrose
City Manager of the City. of Dubl1n
FAX! 925/ 833-6651
Dear City Manager
I am one of many runners/walkers who enjoy the Alamo 'Creek_ bikepathl up to
Old Ranch Park. Unfortunately there is a padlocked gate that has prevCIlt"d me and my
running companion from getting to Old Ranch park and back down to Alc[)sla and thc
Iron Horse trail for a full 6 mile workout.
Please provide a pedestrian gatc so that we may follow our cardio routines and
return to our starting point.
Jemme Olson
P.S. The padlocked gate at the end of Crossridge has been a source of
frustration and disappointment. The AlBlnO Creek bib, path is such
a positive running/walking path and the short hill f'.rrunning stride.
on the street to Old Rauch Park is a plus to the rUll<,ing workout.
Before the path was gated and padlOCked, I would run/walk 3 nights a
week as well as Saturday and Sunday to COmplete a full 6 mile circuit.
With the padlOCked gate preventing my complete worko..t path, I have to
turn a.round to run down the St1'8e.tJ run back down the- Alatllo Creek path;p
Or completeley skip running the beautiful Alamo Creel path and soley
run the Iron Horse trail from Amador Valley Blvd. to Alcosta and then
up Alcos"a to Old Ranch Road TO RUN AT Old Ranch I'uk and then back
the same way.
THERE WILL BE SO MANY HAPPY RUNNERS AND WALKERS WITH '!'lIE PEDES:rRIAN
GATE AND I TfIANK YOU SO MUCH FOR PROVIDING A PEDESTRIAN GATE.
Sincerely, )
ll'~..., 2 7~' /,; " - J' .ib9-?" -
-alL >,.,' ''-<-_ ~ L.
eh.nne. Olson
Please share with our Dubl1n mayor and the. members of the city council.
110ft?
Request ID: 645
RtctNI!V
',\UI'l 2 2. 7.006
PUBUC WORKS
City of Dublin
Request Form: Park Facility Issues
Received: 4/17/2006 2:47:25 PM
Status: Completed
Priority: Normal
Assigned To: Dean McDonald
Contact Details
From: MRS, Renee van de zande
Email: renee.vandezande@eds.com
Telephone: 925-803-1006
Address1: 7311 Parkwood Circle #C
Address2:
City' Dublin State: CA
Pref. Method of Response: E-Mail
Zip Code: 94568
Request Address
Number:
Street: Cross ridge Road
Type: --
City: State:
Direction: --
Apt:
Zip Code:
Request Details
What is the park name you wish to
submit a request for? If this pertains Walking path between Vista Monte Drive and
to all City parks, please enter "All" in Crossridge Road
the space below.
Describe the facility issue,
We hike the park road from Alamo Creek Park to Old
Ranch Park frequently, with twin babies this is a nice
path to push the stroller and have the children play at
Alamo Creek Park or Old Ranch Park or make the
round back via the Iron Horse Trail. The last few times
we tried to walk up to Old Ranch Park the gate that
connects Vista Monte Drive and Crossridge Road has
been locket (last two attempts Sunday April 15 at
approx 2;00 PM and Monday April 16 at approx 1 :00
PM), Is it possible to ensure the gate is open during
Park Hours so It can be used for pedestrians? Thanks,
Renee van de Zande
Staff Activities:
ALL ACTIVITIES
The Citizen activity #1 was sent to the Citizen on 4/18/2006 8:28:31 AM by
Debra LeClair
This Request Form was updated by Debra LeClair at 4/18/20068;29;28
AM. The status of the request was changed from Active to Pending.
This Request Form was updated by Dean McDonald at 4/24/2006 9:53.48
ATTAUBMENT 5.
AM. The status of the request was changed from Pending to Completed,
Citizen Activities:
ALL ACTIVITIES
Ms. Van de zande, The gate that you are concerned about is being locked
by a nearby resident. The ownership of this gate is being determined
between the City of San Ramon and Dublin. Once ownership Is
determined the gate will be modified to remain open, It should be resolved
by May 1 st. If you have any questions or need further assistance please
call me at (925) 833"6630, Dean McDonald Maintenance Sup!. City of
Dublin
1001-47
! ( of4?
City of Dublin
Request 10' 656
Request Form: Misc, Comments - Park/Landscape Maintenance
Received: 4/23/2006 1 46.36 PM
Status: Completed
Priority' Normal
Assigned To: Dean McDonald
Contact Details
From: Mrs.. Joyce Hayes
Email: cjakhayes@yahoo.com
Telephone: 925-833-1209
Address1 1030 Vista Monte Drive
Address2:
City' San Ramon State: CA
Pref. Method of Response: E-Mail
Zip Code: 94582
Park/Landscaping Location & Concern
I am a resident of San Ramon who used to regularly
use the Alamo Creek Bike Trail for walking,
Approximalely 2 weeks ago the gate from Vista Monte
Drive in San Ramon 10 Cross ridge Road in Dublin was
locked with a chain_ We contacted SR who have twice
removed the chain only to have a heavier chain replace
it almost immediately San Ramon PUblic Works Dept
tell me that the chain has been put there by a Dublin
resident who claims the rear of his home is being
vandalised. How can a private citizen be allowed to
take the law into his or her own hands. especially On
public property? I was also told that the gate WaS for the
use of emergency vehicles - surely this person's
actions can cause a major delay if fire crews have to
cut through a heavy chain in order to be able to reah a
grass fire?
Please describe your cOncern and
indicate the name of the park or
location of the landscaping in
question,
Staff Activities:
ALL ACTIVITIES
The Citizen activity #1 was sent to the Citizen on 4/24/2006 9:49:02 AM by
Dean McDonald
This Request Form was updaled by Dean McDonald at 4/24/2006 9:49:20
AM. The status of the request was changed from Active to Completed.
Citizen Activities:
ALL ACTIVITIES
Mrs. Hayes, The gate in question is the responsibility of the City of San
Ramon. The City of Dublin issued an encroachment permit years ago to
San Ramon as to allow the installation of the gate for controlled emrgency
vehicle access only Please contact San Ramon's Community
Development Dept for more information.
Request Form; Park Facility Issues
Received; 4/23/2006 5.23:34 PM
Status; Completed
Priority' Normal
Assigned To; Dean McDonald
Contact Details
From; Dave Aiken
Email: daiken@speakeasy.net
Telephone: 872-6354
Address1:
Address2:
City' Dublin
Pref. Method of Response; --
Request Address
Number:
Street: Cross ridge
Type: RD
City:
1:<' of ~7
City of Dublin
Request 10: 657
State; CA
Zip Code:
Direction: --
State:
Apt;
Zip Code;
Request Details
What is the park name you wish to .
submit a request for? If this pertains,. . - -
to all City parks, please enter "All" in Trail gate being locked by private Citizen
the space below,
Describe the facility issue.
Staff Activities:
ALL ACTIVITIES
the gate between the path at the end of Vista Monte
Drive in San Ramon and Cross ridge Road in DUblin is
being locked by a private resident. This gate connects
trails in San Ramon with the Alamo Creek trail in
Dublin. This resident has put up 3 different locks and
chains, each One thicker than the previous chain (lhe
city has been removing them). Today the resident
greased the entire gate and chain, Finally, this resident
(or someone) moved the trash can and dog scoop pole
away from the end of the Alamo Creek trail. The city of
San Ramon says that this person is suddenly
concerned about vandalism. I can appreciate his or Mr
concern, but there are authorities to deal with
vandalism_ We are concerned with fire access and
upset about not having access to our favorite trails
(from both directions), Thank you for your help,
The Citizen activity #1 was sent to the Citizen on 4/24/2006 9;52:51 AM by
Dean McDonald
This Request Form was updated by Dean McDonald at 4/2412006 9:53:04
AM, The status of the request was changed from Active to Completed.
Citizen Activities:
ALL ACTIVITIES
__________________~~_.~____________________r~_______~_~_____________
Mr Aiken, The gate in question is the responsibility of the City of San
RAmon. Years ago, Dublin issued an encraochment permit to San Ramon
to allow the installation of said gate. It was intended for emergency vehicle
access only Please contact the San Ramon Community Development
Depl. for further information,
/30F4-7
/1 of 4--7
City of Dublin
Request 10' 659
Request Form: Oravetz" Vice Mayor
Received: 4/24/2006 1 :22:44 PM
Status: Completed
Priority: Normal
Assigned To: Melissa Morton
Contact Details
From: Tony Oravetz
Email: oravetz2@llnLgov
Telephone: 925-833-6650
Address1: 100 Civic Plaza
Address2:
City: Dublin State: CA
Pref, Method of Response: E-Mail
Zip Code: 94568
Request Address
Number:
Street: Crossridge Road
Type: --
City' Dublin State: CA
Direction: --
Apt:
Zip Code:
Request/Concern Description
Tony, It has come to my attention that the gate at the
end of Crossridge Road (east side of north Dublin at the
SR City Line) is now locked. It didn't used to be locked
and pede.strians could go from Crossridge Rd. to Vista
Monte Rd in SR Do you know who locked this gate and
why? I will ask my city staff and I ask that you inquire
with yours as well. I would like to see pedestrian access
through that area if possible, Thanks, Scott
Please fully describe the request or
concern, Include all pertinent
information in order that Slaff may
fully investigate and respond to the
issue.
Staff Activities:
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Melissa, Per Rich, I am reassigning this request to you. Thank you,
Caroline
This Request was Reassigned to Melissa Morton by Caroline Soto at
4/24/20062:23:32 PM, Reason: 0 An em all was sent to the new owner at
this emall address:melissa.morton@ci.dubiin.ca.us
This Request Form was updated by Melissa Morton at 4/24/2006 5:18:49
PM. The status of the request was changed from Active to Completed,
15' 0 f4.1
The Citizen activity #1 was sent to the Citizen on 4/24/2006 5: 18:55 PM by
Melissa Morton
Citizen Activities:
ALL ACTIVITIES
Dear Vice-Mayor Oravetz, The gate was originally constructed as part of
SUbdivision 7224 (Bent Creek)in San Ramon, The City of Dublin provided
the City of San Ramon with a letter stating that we would issue an
encroachment permit to construct the gate and a driveway cut at the end
of the court for emergency vehicle access (EVA) in MArch of 1995.
However, neither San Ramon or the developer appear to have pursued an
easement for EVA purposes and do not have an easement for that
purpose at this time. The original development documents when the
entitlement was granted talked about trail access, but the subdivision map
shows that area connecting Vista Monte Drive and Crossridge Road as an
EVAE to be dedicated by separate Instrument No one at the City of San
Ramon has knowledge of a separate instrument for that purpose to date.
Consequently, until such time as documentation to substantiate accesS is
either found or initiated, the gates will remain closed. Mr Dave Davis at
the end of Cross ridge Road has voiced concerns at the gate being
opened, as he feeis that recent vandalism on his property is attributable to
the connectivity between the two areas, and several San Ramon residents
have called to ask that the gate be reopened so that they can acCeSS our
trail again. I have contacted Karen McNamera with San Ramon and she is
going to examine lhe gate tomorrow and insure that it is secured with a
City of San Ramon chain and lock. Should you have further questions,
please don't hesitate to contact me, Sincerely, Melissa Morton
1(;0147
City of Dublin
Request 10: 701
Request Form: Other Questions/Concerns/Requests
Received: 5/15/20065:27'40 PM
Status: Completed
Priority: Normal
Assigned To: Melissa Morton
Contact Details
From: Ms. Debra Laird
Email: ektl@comcasl.net
Telephone: 925833-1176
Address1 7064 Lancaster Ct
Address2:
City' Dublin State: CA
Pref. Method of Response: E.Mail
Zip Code: 94568
Misc. Questions/Concerns/Requests
I am writing in regard to the gate closure on Crossridge
Rd" bordering the City of San Ramon, I have spoken to
the city officials in San Ramon, They seem eager to
resolve the issue and get the trail reopened for
pedestrian use. I understand they are looking to the
City of Dublin to help with this issue, I am anxious to be
able to access these great running/walking/biking trails
again in the very near future. Not only do I enjoy them
but I frequently bring members of the High School
Cross Country team here to run as well. I am deeply
Describe your
r / / t PI concerned that I Can no longer do this, as it puts myself
quesd,on concerhn reqrt~eS t' ease and the students in jeopardy Last fall, I were
provl e as muc pe Inen b ' hb '
. f r hi th t St If threatened ya nelg or who dldn t want our group
In or~~llon as ~OSSI e, so r a a using the Alamo Creek Trail. Just recently, feilow
~ay t~gaYtaenysoWurreYoOnur ques Ion or runners have been harrassed by another resident The
Inves I cern, D bl' P I' D rt t t rtth'
u In 0 Ice epa men seem 0 suppo IS
harrassment. as they do nothing to stop it. I feel like I
should be able to visit ail the parks and trails that are in
this city and feel safe using them, These neighborhood
residents should not be allowed to continue threatening
trail users. Please do your upmost to work out an
agreement with the City of San Ramon on trail usage,
and restrain the Crossrldge Road residents from
harrassing and threatening trail users. Thank you,
Debra Laird
Staff Activities:
ALL ACTIVITIES
This Request WaS Reassigned to Meilssa Morton by Toni Walker at
5/16/20068:02:03 AM. Reason: 0 An em ail WaS sent to the new owner at
this email address:melissa.morton@cLdublin.ca.us
The Citizen activity #1 waS sent to the Citizen on 5/16/2006 6.41.28 PM by
no ff 7
Melissa Morton
Citizen Activities:
ALL ACTIVITIES
Dear Ms. Laird, Thank you for your input on this issue. Both the Cities of
Dublin and San Ramon are working toward a resolution to the issue, In the
interim, there are some facts about the end of Crossridge Road I would
like to share with you. Right now, residents who come down from San
Ramon to the Alamo Creek Trail, do so illegally There is no access to The
Alamo Creek Trail granted at that location, The City of San Ramon has
asked that the City of Dublin consider trail access at that location,
however, the Cily Council has not had an opportunity to provide direelion
to staff on ihis issue 10 dale, The City Manager and the City Attorney are
reviewing all of the documentation on the issue and will bring
correspondence from the City of San Ramon before the Dublin Cily
Council at one of the Council Meetings in June. Should you have further
questions on this issue, please feel free to contael me at 833-6630,
Sincerely, Melissa Morton, PUblic Works Direelor
-
,9,&(47
City of Dublin
Request 10' 705
Request Form: Concerns/Questions to the City Council
Received: 5/19/2006 7,30:31 PM
Status: Completed
Priority' Normal
Assigned To: Melissa Morton
Contact Details
From: Ms.. Ellen Riegelhuth
Email: ellen.riegelhuth@oracle.com
Telephone: 925-997-4693
Address1: 7149 Dublin Meadows Street
Address2: #G
City' Dublin State: CA
Pref. Method of Response: Telephone
Best Time to Call: Anytime
Zip Code: 94568
Request Address
Number:
Street:
Type: --
City: Dublin
Direction: --
State: CA
Apt:
Zip Code:
Comments or Concerns
What is your comment or concern?
(Please include all information
necessary for proper response,)
I have called the City of Dublin and the City of San
Ramon, and I understand why the gate (at the end of
the Dublin neighborhood cul-de-sac, and Alamo Creek
Trail) for the emergency access road between Dublin
and San Ramon, and Alameda and Contra Costa
Counties, must be locked. But, it has always been
open, until the last month, and thus, I used it for all my
walks, so I could go from my home in Dublin, along the
Alamo Creek Trail, through that gate, and up to the
soccer field in San Ramon, and back, via the Alamo
Creek Trail. I want to put my vote in to you, to make
sure the Dublin City Council is working with the San
Ramon City Council to create an easement for
pedestrian access. The sooner the betler, too, please,
as I so enjoy that walk, and hate that my route has
been cut so short, due to this newly locked gete. Can
you please let me know the approximate timing I can
expect pedestrian access to be available, again,
through that iocked gate?
Would you like a response? If yes,
please indicated preferred method of y
response above, and include es
necessary contact information,
Staff Activities:
ALL ACTIVITIES
-------------------------~-----------------------"-~---------~--~---
Joni, are we still forwarding these to Melissa for response? Thank you,
(q cff-7
Caroline
This Request was Reassigned to Joni Pattillo by Caroline Soto at
5/22/2006 11 :21 48 AM. Reason: 0 An email was sent to the new owner at
this email address: Joni.Pattillo@ci.dublin_ca_us
Melissa, per Joni, here's another one assigned to you regarding "the"
gate. Thanks_ Caroline
This Request was Reassigned to Melissa Morton by Caroline Soto at
5/22/2006 3:08:56 PM. Reason: 0 An email was sent to the new owner at
this email address:melissa.morton@ci.dublin.ca.us
This Request Form waS updated by Melissa Morton at 5/26/2006 8:59:16
AM_ The status of the request was changed from Active to Completed,
The Citizen activity #1 was sent to the Citizen on 5/26/2006 8:59:20 AM by
Melissa Morton
Citizen Activities:
ALL ACTIViTIES
Dear Ms_ Riegelhuth, Thank you for your input on this issue
Unfortuneately I do not have a timellne for when there will be a
determinalion on whether the gate will remain closed or be open to
pedestrian access_ The City of Dublin and the City of San Ramon have
scheduled a liaison meeting to discuss the issue, but I would expect final
determinalion to come before lhe City Council at some point The City
Council Agenda is posted on the website, but if you would like personal
notification when the issue will come before the City Council, please let
me know If you have further questions, please do not hesitate to contact
me at 833-6630, Sincerely, Melissa Morton, Public WorkS Director
}.o of. +7
City of Dublin
Request 10: 722
Request Form: General Park Question or Request
Received: 6/1/2006 10:26:19 PM
Status: Completed
Priority' Normal
Assigned To: Melissa Morton
Contact Details
From: Mr Edwin Osada
Email: edwatch@comeastnet
Telephone: 925829"9285
Address1" 7710 Squirrel Creek Circle
Address2:
City' Dublin State: CA
Pref. Method of Response: E-Mail
Zip Code: 94568
Request Address
Number:
Street:
Type:--
City:
Direction: --
State:
Apt:
Zip Code:
Request Details
What is the park name you wish to
submit a request for? If this pertains AI C k T 'I
, , ama ree ra.
to all City parks, please enter "All" In
the space below.
Please enter your request and/or Please open the gate where the Alamo Creek Trail
comments for the park you selected, ends at the San Ramon City Limits and Crossridge,
Staff Activities:
ALL ACTIVITIES
This Request was Reassigned to Melissa Morton by Diane Lowart at
6/5/2006 8:07:33 AM. Reason: 0 An email was sent to the new owner at
this email address:melissa.morton@cLdublin.ca.us
The Citizen activity #1 was sent to the Citizen on 6/5/2006 11 :02:16 AM by
Melissa Morton
This Request Form waS updated by Melissa Morton at 6/5/2006 11 :03:03
AM, The status of the request was changed from Active to Compieted.
Citizen Activities:
ALL ACTIVITIES
Dear Mr Osada, Thank you for your input The gate at the end of the trail
on the City of Dublin border actually belongs to the City of San Ramon,
The two Cities are discussing the matter at a liaison meeting this month,
Right now, there is no trail easement connecting the two trails and the
gate has been locked, However, your comments and the comments of
./ I o{47
others will be considered in deciding whether the two trails will be
connected. Sincerely, Melissa Morton, Public Works Director
)~(}f47
City of Dublin
RequestlD: 734
Request Form: Concerns/Questions to the City Council
Received: 6/9/2006 10:44:00 PM
Status: Completed
Priority: Normal
Assigned To: Melissa Morton
Contact Details
From: Mrs. Julie Phillips
Emal!: juleejp@cs.com
Telephone: 925-846-9338
Address 1 1865 Paseo Del Cajon
Address2:
City: Pleasanton State: CA
Pref. Method of Response: E-Mail
Zip Code: 94566
Request Address
Number:
Street:
Type:--
City' Dublin State: CA
Direction: --
Apt:
Zip Code:
Comments or Concerns
What is your comment or concern?
(Please include all information
necessary for proper response.)
Please reopen the access gate to Alamo Creek Trail
which has been closed, I enjoy hiking and walking
many of the trails in the area along with my hiking group
"The Tri Valley Trekkers" I hope that you will all
consider this request Thank you, Julie Phillips
Would you like a response? if yes,
please indicated preferred method of y
response above, and include es
necessary contact information,
Staff Activities:
ALL ACTIVITIES
Melissa, are you still answering these? Thanks, Caroline
This Request was Reassigned to Melissa Morton by Caroline Soto at
6/12/2006 1 :28:11 PM. Reason: 0 An email was sent to the new owner at
this email address:melissa.morton@ei.dublin.ea.us
This Request Form was updated by Melissa Morton at 6/15/200610'18:04
AM. The status of the request was changed from Active to Completed.
The Citizen activity #1 was sent to the Citizen on 6/15/2006 10:18:08 AM
by Melissa Morton
Citi:>:en Activities:
ALL ACTIViTIES
?-3 vft 7
____________~_"""_______________~_____________r_"r___________~____
Dear Mrs, Phillips, Thank you for your input on this issue. 60th the Cities
of Dublin and San Ramon are working toward a resolution to the issue. In
the interim, there are some facts about the end of Crossridge Road I
would like to share with you, Right now, residents who come down from
San Ramon to the Alamo Creek Trail, do so illegally There is no access to
The Alamo Creek Trail granted at that location. The City of San Ramon
has asked that the City of Dublin consider trail acceSS at that location,
however, the City Council has not had an opportunity to pTovide direction
to staff on this issue to date. Until the issue is resolved, the gate will
remain locked. Should you have further questions, please do not hesitate
to contact me, Melissa Morton, Public Works Director
..74- ? U 7
City of Dublin
Request 10: 742
Request Form: General Park Question or Request
Received: 6/14/2006 2:58:01 PM
Status: Completed
Priority: Normal
Assigned To: Melissa Morton
Contact Details
From: MR ERNI HALAXA
Email: lariato1@gmaiLeom
Telephone: 925-829-5975
Address1: 6853 HYDE CRT
Address2:
City' DUBLIN State: CA
Pref. Method of Response: E-Mail
Zip Code: 94568
Request Address
Number:
Street:
Type: --
City' State:
Direction: --
Apt:
Zip Code:
Request Details
What is the park name you wish to
submit a request for? If lhis pertains ALAMO CREEK
to all City parks, please enter "All" in
the space below.
I hope you folks are the ones to contact on this so here
it goes, By Alamo Creek there is a road named
'CROSSRIDGE' which dead ends to where one can
Please enter your request and/or take the bicycle/walking path, During the month of Feb
comments for the park you selected. the gate for the path, which is a continuation to San
Ramone, has been locked. I thought it was due to the
possibility of mud slides but apparently not. Why is it
kept closed?
Staff Activities:
ALL ACTIVITIES
This Request was Reassigned to Melissa Morton by Diane Lowart at
6/14/2006 3:56:11 PM. Reason: 0 An email was sent to the new owner at
this email address:melissa.morton@cLdublin.ca.us
This Request Form was updated by Melissa Morton at 6/15/200610:13:19
AM. The status of the request was changed from Active to Completed,
The Citizen activity #1 was sent to the Citizen on 6/15/200610:13:23 AM
by Melissa Morton
Citizen Activities:
ALL ACTIVITIES
Dear Mr Halaxa, Thank you for your input on this issue Both the Cities of
Dublin and San Ramon are working toward a resolution to the issue, In the
interim, there are some facts about the end of Crossridge Road I would
like to share with you. Right now, residents who come down from San
Ramon to the Alamo Creek Trail, do so illegally There is no access to The
Alamo Creek Trail granled at that location, The City of San Ramon has
asked that the City of Dublin consider trail access at that location,
however, the City Council has nol had an opportunity to provide direction
to staff on this issue to date. Unlil the Issue is resolved, the gate will
remain locked. Should you have further questions, please do not hesitate
to contact me. Melissa Morton, Public Works Director
-15of-47
).{pot47
City of Dublin
Request 10' 749
Request Form: Park Facility Issues
Received: 6/19/20066:38:09 AM
Status: Completed
Priority' Normal
Assigned To. Melissa Morton
Contact Details
From: Mrs. Mary Jo Keortge
Email: mjkeortge@comeast.net
Telephone: 925-556.1447
Address1 7627 Turquoise Street
Address2:
City: Dublin State: CA
Pref. Method of Response: E-Mail
Zip Code: 94568
Request Address
Number:
Street: Crossbridge
Type: --
City' State:
Direction: --
Apt:
Zip Code:
Request Details
What is the park name you wish to
submit a request fo(llf lhis pertains AI C k B'k P th
to all City parks, please enter "All" in amo ree I e a
the space below.
Describe the facility issue,
gate closure at San Ramon - please open the gate to
continue the usage of the bike/walking path. Otherwise
it is just a bike path to a specific neighborhood, not for
general public
Staff Activities:
ALL ACTIVITIES
-~-----------------------~~-~-~~----------------~~~-------------~~--
This Request was Reassigned to Melissa Morton by Debra LeClair at
6/19/200611.38:36 AM. Reason: 0 An email was sent to the new owner at
this emaH address: melissa.morton@cLdublin.ca.us
This Request Form was updated by Melissa Morton at 6/19/2006 1.31.25
PM, The status of the request was changed from Active to Completed.
The Citizen activity #1 was sent to the Citizen on 6/19/2006 1 :31 :28 PM by
Melissa Morton
Citizen Activities:
ALL ACTIVITIES
Dear Mrs. Keortge, Thank you for your input on this issue. Both the Cities
of Dublin and San Ramon are working toward a resolution to the issue. In
the interim, there are some facts about the end of Crossridge Road I
would like to share with you. Right now, residents who come down from
San Ramon to the Alamo Creek Trail, do so illegally There is no access to
The Alamo Creek Trail granted at that location. The City of San Ramon
has asked that the City of Dublin consider lrail access at that location,
however, the City Council has not had an opportunity to provide direction
to staff on this issue to date. Until the matter is resolved, the gates
between the two trails will remain locked. Should you have further
questions on th is issue, please feei free to contact me at 833-6630
Sincerely, Melissa Morton, Public Works Director
:<7 t4- 7
/'
CITY CLERK
File # D[z;]ca0-~ ",,"1 oi4-7
{;Y< ,/ ,
\Up- t..;v'
~. ,
~J ~""'~.
i".'J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 19, 2003
SUBJECT'
Adopt Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program and Award of Contract No. 03-08, Alamo
Creek Bike Path, Amador Valley Boulevard to North City Lilmts
Report Prepared bY' Lee S. Thompson, Public Works Director
ATTACHMENTS.
1) Resolution Adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Awarding
Contract No, 03-08 for the Alamo Creek Bike Path Project,
Amador Valley Boulevard to North City Limits, along with
Exhibit A. Mitigated Negative Declaration (MND)
Exhibit B Letters commenting on MND and responses
to comments
Exhibit C. Mitigation Monitoring and Reporting Program
2) Bid Results
3) General Plan Figure 5-3a, Bikeways Diagram
4) Excerpts from Minutes February 25, 1985, City Council
Meeting
5) February 25,1985, City Council Agenda Statement, Item 44
6) Excerpts from Minutes of February 23, 1987, City Council
Meeting
7) May 20, 2003, City Council Agenda Statement, Item 7 1
RECOMMENDATlON:I'l. J1..'Adopt resolution adopting Mitigated Negative Declaration and
~V,. ~itigation Monitoring and Reporting Program and awarding
Contract No. 03-08 to GradeTeeh, Inc.
FINANCIAL STATEMENT:
Budget for this project:
TOTAL
FY 2002-03
$ 14,824
$ 0
$ 14,824
FY 2003-04
$ 11,270
$ 230.000
$ 241,270
Total Budget
$ 26,094
$ 230.000
$ 256,094
Low Bid
Salaries/Design/Misc:
Improvements:
$ 156.639.50
$ 156,639.50
_ _ _ _ _ _ w _ _ _ _ _ _ _ _ _ _ _ w _ _ p _ _ _ _ _ _ _ _ _ _,_ _ ~ _ _ _ _ _ _ _ _ _ _ - - - - - - - ~ ~ ~ - M - - - - ~.
COPIES TO: GradeTech, In
g:Imi'cprojlAl.mo Creek Bike PathlAS .w.rd
--
lUO~.,
ATTAUIDIENT 4.
c29 ?1-47
This project is funded through a Transportation Fund for Clean Air
(TFCA) grant from the Bay Area Air Quality Management District
in the amO\lnt of $107,000, Measure B Pedestrian & Bicycle Fund in
theatnount of$12~,329 aiJ.d General Fund in the amount of$22,765
Failure to meet the TFCA funding; guideline requirement of
expending all TFCA funds programmed to the project by October 9,
2003, will result in the loss of the TFCA grant.
DESCRIPTION; The Alamo Creek Bike Path project would construct a pedestrian
and bicycle path along Alamo Creek between Amador Valley Boulevard and the north City limits ("the
Path"). This project will pave the existing Zone 7 Water Agency's maintenance road along the west side
of Alamo Creek, with the exception of the portion of the road within Alamo Creek Park. The asphalt
concrete Path will be approximately 12 feet wide runilingalong the existing concrete v-ditch. This project
will also include the'construetionofa raisedl'edestrian erQsswaJk on Willow Creek Drive. This Path will
provide access to the Iron Horse Tl'ai1 system via a future bike laiJ.e on Amador Valley Boulevard.
Historical Backl!rolindofthePl'ODOsM Alamo Creek Bike Path.
The Council is in receipt of a letter dated August 5, 2003, from Allan C. Moore, who represents David
and Terry Davis, which addresses certain land use issues pertaining to the Path. Mr Moore's letter
contains a discussion of some of the history surrounding the Path and the issue of public access to the
Alamo Creek corridor. In response, Staff provides information in this section to assist the Council and the
public in understanding the Path's history.
MdtAAUYi~~I~'~'IlQ1:Od:;_;$in.oe.atlell$t '1~,':thtei~tf&i\irtaPllll'lhl1s stated.tboCity'smterrt to'
pompimethePlitlf ii'J.'th!.lil&mtl.Ml,aIidthliCltyWMl"lfdetn:i6et;rditigly; 111 1992, the AlsmoCteekpath.
segmlS;ltthat is the $Ubjectofthe project was includodasabtkeWay in the City'.sOerl.\md.Plan. A1l
i.1n;pl~tingpolioyin theGenerajPllll1. IP6cificallylltatcs~ the segment shall be completed. (See
G:crne+alfllw. {updatcdto.N6vember 5, 2002] pj'l. 4S,S4,Figure 5-3a.) In.additioll, in 1994, after
"~~yepubl:ic btvoiverneutin th'pj~l!ipr~~~., $, ,qtyJ<<ippte4ti1e,Oity's ParksandRcorcation ,
MQteIl;.fl1an.. W~,'\lflluamto ..ti:IoQlm~':thtl,atY8'1~~tf0l1:"pil!lll'fill1gi. tet1brt:h(u'e
~Plau I~ to Nov .5, 4OOZjp"tf,"'l'I'W'.g6tilM,the1Pii:TkS1Irtif1tecreB1iMr'MlllrterPlall. was to.
"1ilJlI.to il~Ull :nfAAlotk OfpdD,~iit1i._11l.theieby1'8'OVWl:lg a~l'C1OUlW 0)
m- .lll.ll1'~ .l'lp611'SPllQellllnlJhliu.gthlll'lIlUb1illto;tntfll'\lyfllm.JJ;l.otori:zcd~dos;'!;bxoagbOu.t the .Gublin:
,<<n....dty;", j',@I'l'~~,~_6tt':M1ilDr'Plan"el994){,*MPWl:r4aA.iJ~p,,&~'1 , ,,pneof "'~
iIZlpl~tiDg''PQlioi!l$,8peciffcdJly'SW:e9dm':thlht1t'~IIli':\i'~ OMJ:~"lle~.
(he.Mllita" PI8hp'p.'30-31.~>1!h~"~eet;}!u'MIil'ih-b atyJjCliJlital'JmpMVltmlIirtPlan
,lI,U.toe FjsOJ! Yw' 1,~!iW;t 9QJ:'>'
. . ' " . ,.
Mr. Moore's letter states that, "at the time of the original approvals of the subdivisions surrounding and
near Alamo Creek Park, the City Council specifically considered public access to the Alamo Creek area."
To support this statement. Mr Moore references the minutes from a 1985 City Council meeting, in which
the Council "specifically opposed development of trails adjacent to Zone 7 facilities because of security
and maintenance issues." But review of the minutes and associated Staff Report (Attachments 4 and 5)
discloses that the City was concerned not about security and maintenance in general, but rather the
security and maintenance expenses to the City of Zone 7's development of its ereek properties for
residential use, Those issues were subsequently resolved, and the City operates a number of trails on
Zone 7 ProB~rty pursuant to vmious license agreements.
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Page 2 ty, '::::.
30 0(47
Mr Moore's letter also references the minutes of a Fehruary 23, 1987, Council meeting. At that meeting,
on the Council's consent agenda was the approval of the 1987 License Agreement between the City and
Zone 7, the owner of the creek corridor. A citizen requested that the item be pulled from the consent
~alendar and asked the Council to reconsider its decision to reject the Parks and Recreation Commission
recommendation to fully develop Alamo Creek adjacent to Alamo Creek Park for recreational use. When
the initial planning for Alamo Creek Park was completed, the City considered more extensive
development of the park adjacent to Alamo Creek, but this option was rejected. Mr. Moore states that
these minutes confirm that Staff and Council confirmed that certain portions of Alamo Creek should not
be used or accessed by the public, Mr Moore then asks why, if the steep slopes of the creek and the effect
on the envirolllllent were a concern then, they are not a concern now But review of the minutes
(Attachment 6) discloses that the discussion concerned not public access to the creek corridor in general,
but rather access to the creek bottom itself. Furthermore, the entire discussion involved only those
portIOns of Alamo Creek that are in what is now Alamo Creek Park. It did not involve those portions of
the Path to the south and north of Alamo Creek Park
Backl!"round on the Bike Path Constrnction Proiect
In FY 2000-2001, Staff submitted a Transportation for Clean Air (TFCA) Program application for grant
funding of the Alamo Creek Bike Path project On February 22, 2001, the City and the Alameda County
Congestion Management Agency entered into an agreement to program $107,000 of TFCA funds for the
Path project
The project has appeared in the City's Five"Ycar Capital Improvement Program since FY 1994-95 This
project was identified in the 2000-2005 Capital Improvement Program to begin construction in FY 2001-
2002, Due to Staff workload and conrdination issues with Zone 7, Staff had requested an extension to
I .
expend the TFCA funds frorn October 9, 2002, to October 9,2003 The proposed bike path has also bcen
identified in the City's General Plan since September 1992, as well as in the Alameda Countywide Bicycle
Plan, Volume 1 (dated July 2001), prepared for the Al.ameda County Congestion Management Agency
At the May 6,2003, Council meeting, Staff sought authorizatJon to solicit bids for the Alamo Creek Bike
Path, After hearing from residents living along the proposed Path, the Item was continued, Some of the
concerns express by the residents included loss of privacy to adjacent property owners, disruption of
wildlife along Alamo Creek, and potential noise problems from motorized scooters and children loitering
on the Path, The Council scheduled and attended a field trip to the project site to view some of the
concerns firsthand on Monday, May 12, 2003
The residents expressed anwnber of concerns during the May 12th site visit Staff responded to those
concerns in a Staff Report presented at the May 20,2003, Council meeting (Attachment 7.)
On May 20, 2003, the City Council approved a Notice of Exemption under the California Environmental
Quality Act (CEQA) and authorized Staff to solicit bids, On June 3, 2003, the City Council directed Staff
to prepare an Initial Study for the proposed Alamo Creek Bike Path project and return to Council with the
appropriate environmental findings when Staff returned WIth the project to award the contract. It was
anticipated that the contract would be awarded in August. Consistent with this direction, the Council is
now being requested to take action on the environmental document and the contract award,
IEnvironmental Review
Staff worked with several consultants and prepared an Initial Study that reviewed possible environmental
impacts including, but not limited to, air quality, hlological resources hazards and noise. The findings
Page 3 1'\\-. S
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m the Initial Study concluded that although the Alamo Creek Bike Path project could have a significant
effect on the enviromnent, there would not be a significant effect because mitigation measures will be
mcorporated into the project (see Exhibit A of the Resolution). Thus, Staff prepared a Mitigated Negative
Declaration for the project. Four mitigation measures were identified to reduce the impact to the
environment to less than significant. These mitigation measures are described in the Mitigation
Monitoring and Reporting Program (see Exhibit C of the Resolution).
On July 7, 2003, the City filed a Notice of Availability of Environmental Document to begin the 30.day
comment period of the Mitigated Negative Declaration, which ended August 5, 2003 During this penod,
a total of eIght (8) letters were received commenting on the project (see Exhibit B of the Resolution)
Staff has prepared written responses to these comments, included on Exhibit B of the Resolution.
The comments received reflect four major concerns: privacy, noise, public safety, and biology
Some of the comments note that the Path will be constructed adjacent to residences along Oxford Circle
that have minimal set.baeks from the Zone 7 property and actually face the Creek and the Path (Oxford
Circle is fronted by garages and residents travel pathways to reach their front doors.) Therefore, the
comments argue that Path users will be able to look directly into yards and living areas of the residences.
While acknowledging this comment, the responses to comment note that this is not an environmental
impact under CEQA and, therefore, it is not further considered in the CEQA documentation, The
comments are correct that the residences will face the Path directly, but there IS existing fencing and
vegetation along the corridor adjacent to Oxford Circle that provides a measure ofpnvacy.
Noise is considered an environmental Impact under CEQA, and some of the comments concem potential
noise from the use of the Path by the public. One comment letter includes a study by an acoustical
engineering firm, Charles M. Salter Associates, Inc., which concludes that noise levels associated with
public use of the Path are expected to be between 50 dB and 55 dB. This is somewhat greater than the
average dB rating of 34 determined in the Initial Study As noted in the responses to comments, this
amount is considered "normally acceptable" under the Noise Element of the City's General Plan and this
level of increased noise is therefore not considered to be significant.
The comments raise several issues in the realm of public safety First, it has been suggested that the Path
will result in crime because of the secluded nature of the Path. Consistent with other public trails within
the City, the Police Department does not anticipate a significant increase in calls for service from the Path.
In addition, the Path will be closed between dusk and dawn, which will further limit the activity, Second,
it is suggested that there is a risk to children from drowning in the creek. As noted in the responses to
comments, summer water levels in the creek are very low. During the winter, when water levels tend to
be higher and can rise rapidly during storms, the City anticipates closing the Path during significant rain
storms to lessen the danger of the creek. The City also consulted with Zone 7, who indicated that the
agency is not aware of any accidental drownings along other creekside paths in the City
Several issues have been raised with respect to biological resources, which the Initial Study found would
not be significantly affected by the Path project. The comments request information on the creation of the
creek buffer, question whether biological Slgulneance should be based on the presence of surrounding
development, and raise concerns about the effects of increased human disturbance in the creek corridor.
The responses to comments provide the requested background information, which shows that a public
bicycle path was enVIsioned along the eastern bank of Alamo Creek as part of the larger residential
development of the Villages of Alamo Creek, approved by the City in 1986. The responses also confirm
that the initial study described and analyzed the potential for public use to cause significant biological
impacts to the creek corridor. The responses confirm that the presence of surrounding development was
--
"'PaQ'f':.1. ~ ~
32oH-7
not the basis for the finding of no slgmficant biological impacts, Instead, the finding was based on the
nature of the Path construction and use, lD that no grading, construction or use of the Path IS proposed in
the creek or on its banks, or in natural habItat areas, Similarly, neither construction nor use of the Path
.will interfere with the movement or migration of species,
After reviewing the comments on the Mitigated Negative Declaration and preparing responses to
environmental issues raised in the comments, Staff recommends that the Council adopt the Mihgated
Negative Declaration based on fmdings that the Path project as mitigated will clearly have no significant
effect on the environment and that an EIR is not required, as further set forth in the attached draft
Resolution.
Construction Contract
A total of two bids were received (Attachment 2), The low bidder is GradeTech, Inc., with a low bid of
$156,639.50 The contractor is scheduled to start work the week of September 8,2003, and complete the
bike path pavement by September 30th in order to expend the TFCA funds by October 9,2003
RECOMMENDATION: Staff has reviewed the Initial StudylMitigated Negative DeclaratIOn
and all comments received during the public comment review period for the Mitigated Negative
Declaration. Responses have been provided to these comments and a Mitigation Monitoring and
Reporting Program has been prepared. Staff has checked references and bonding requirements for
GradcTech, Ine,
Therefore, Staff recommends that the City Council adopt the Mitigated Negative Declaration and
jV1itigation Monitoring and Reporting Program, and award Contract No. 03-08, Alamo Creek Bikc Path,
Amador Valley Boulevard to North City Limits, to GradeTeeh, Inc,
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Page 5 .:'!'r ~
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33or-'f7
Initial Study!
Mitigated Negative Declaration
Project:
Alamo Creek Bicycle Trail
Lead Agency:
City of Dublin
July 2003
.
3tf'u(4-7
.
Drive to provide for a safe crossing of this street. Signs would also be installed by the
City at this crossing to promote pedestrian and bicycle safety Exhibit 4 shows the
proposed design of the Willow Creek Drive road crossing.
No overhead lights would be installed along the path. Bicycle path identification signs
would be posted at entrances at Amador Valley Boulevard, Alamo Creek Park, Willow
Creek Drive and Crossridge Road. Signs would also be posted identifying pennitted
and prohibited uses along the path, similar to signs posted within City of Dublin parks.
.
.
.
.
Till! proposed Alamo ~~ ,Pi!;hJS enticipatecl to bea local pathway, \1SM by local
Dublin residents and Visitors, H[}weve~,th:erewould be a mnnecti.ontootherregional
paths iniheDublln area via .a'pfopOUdClass UbikeWllyoniAmador Valley Boulev;ud
itnmediate1ysouth of the p<<JpOaedpat:tu;
.
.
The path is anticipated to be funded through a combination of grants from (1) the
Transportation Fund for Clean Air, provided by the Bay Area Air Quality Management
District, and (2) Alameda County Measure B monies provided through the Pedestrian
and Bicycle Fund.
If this project is approved, the City of Dublin anticipates start of construction in the Fall
of 2003. An estimated two months would be required for actual constructed of
improvements identified above.
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City Of DUblin
Initial Study/Alamo Creek Bicycle Path
Page 4
July 2003
I
?r; 0 { + 7
m eye r 5/ n 0 v e ribock silver & wilson
profis5lan~1 law totpordflon
Elizabeth H. Sliver
Attorney at Law
510.808.2000
VIA FACSIMILE & U.S. MAIL
925.838.5985
September 17, 2003
Allan C, Moore, Esq.
Gagen, McCoy, McMahon & Annstrong
279 Fronl Streel
Danville, CA 94526
RE. Alamo Creek Bicycle Trail
This letter serves to respond to your lettar to me of September 4, 2003 and to confirm our telElphone
conversalion today regarding the City's proposal 10 resolve the concerns of David and Terry Davis and their
neighbors regarding Ihe improvements to Ihe Alamo Creek Bicycle Trail.
There are five conditions requested in your letter, The City's response is noted below
Lack oates at sundown and ODen at sunup: close in winter; close durino times of hioh water levels.
The gates will be closed and locked between dusk and dawn on a daily basis and will be closed
during significant rain storms, The gates will be closed by slaff within one hour of dusk. City staff
will mark Ihe elevation of Ihe creek that will trigger closure during rain storms, The path will not be
closed during winter months except as noted above,
2. Plant fast orowino Dlants and trees on homeowners' side of trail area as buffer.
The City will reimburse property owners who live adjacent to the trail for the purchase of fast
growing trees and shrubs in a total amount not to exceed $5,000. The funds will be divided
between the single-family and townhouse/condominium property owners as you propose, subject to
approval by the City
The funds are to be used to purchase trees and shrubs to be planted along the westerly side of the
existing fence that separates the Zone 7 property from the private property for the purposa of
providing screening. One neighbor, preferably Mr, and Mrs. Davis, should collect receipts from the
property owners who purchase trees and shrubs and send them to Lee Thompson, the Public
Works Dimctor, in one batch, with a list of the names of the owners who purchased plants and the
amount of the purchase, no later than November 19, 2003, Mr Thompson will have staff Inspect to
determine that the trees and shrubs have been planted and the City will then reimburse the property
owners for the cost of the lmes and shrubs,
555 lllll SII'O<I, Silit. 1500 I Oakland, Calirornia 94601 I till 510,808.21100 I fax 1il0,444.1108 I www,m.y.rxn.v..com
OAKLAND. SAN LEANDRO. SANTA ROSA. SACRAMENTO. SAN FRANCISCO. LOS ANGElES
30 of4 7
Allan C. Moore. Esq.
September 17, 2003
Page 2
As I explained to you, the City's offer is premised on two factors. The City has no way to irrigate
plants on the Zone 7 property and will not. therefore, agree to plant trees and shrubs on that side of
the fence, In addition, the City will not go on private property to plant trees and shrubs due to
liability concerns.
The offer of $5,000 is contingent on the running of the statute of limitations on a legal challenge 10
the Council's August 19 approval of the mitiga.ted negalive declaralion and the project
3. Install a 4' fence to keep people and pets out of the creek for "safetv and environmental orotection";
the fence must be aesthetically oleasinQ with siQns,
Councilmembers indicated an interest In a 4' fence along the creek side of the trail at the August 19
meeting and asked the City Manager to return to the Council with a report regarding the feasibility of
fencing, The report is scheduled for the October 17 Council meeting, The report will suggest
locations for fencing to enhance public safety We are looking at removal fencing because of Zone
Ts need to access the creek for removal of debris,
In addition, Zone 7 would have to approve placement of such a fence and the City would have to
comply with CEOA.
4 Prohibit oarkino for non-residents al the end of Crossridoe Road,
ThiS can only be done through a permit parking program pursuant to the California Vehicle Code
which allows preferenlial parking for residents. Under such a program, residents would need a
permit to park any car on Ihe street and signs would have to be posled indicating permit parking
only
Lee Thompson will present a report to the Council on October 17, recommending approval of a
preferential parking program at the end of Crossridge Road adjacent to the properties owned by the
residents who signed the September 12, 2003 request to the Council. I do not anticipate any
Council concerns with approving such a program. The staff can delay impiementation of the
program until the City receives a written request from the majority of the affected residents that they
would like the program to be implemented,
5, Post siGns ("Bike Palh and Nature Trail': 'This is a sensitive natural area, please stay on oath',
"Residential area - No trespassino.; "No motorized vehicles. Gas or electric, allowed."
The projecl includes bicycle path identification signs posted at entrances at Amador Valley
Boulevard. Alamo Creek Park, Willow Creek Drive and Crossridge Road, The project also includes
posting signs identifying permitted and prohibited uses similar to signs In other City parks,
The standard City signs would read as follows: "Path users must stay on pavement;" 'Dogs must
be on leash at all times;" "No motorized vehicles;' and any other appropriate standard City signs,
660279
37 0 r 47
Allan C. Moore, Esq.
September 17,2003
Page 3
The City staff will begin work on the Alamo Creek Bike Path on September 18, The erosion conlrol
measures will be performed on Seplember 18 and 19, Grading and paving will begin September 22. The
improvements are expected 10 take approximately a week, with signing, striping and raised crosswalks to be
installed during the next three weeks.
Thank you very much for your cooperation in resolving the concerns of the neighbors. As I indicated I will
be on vacation beginning tomorrow so please contact John Bakker in my office wilh your response to this
letter
Very truly yours,
MEYERS, NAVE, RIBACK, SILVER & WILSON
0"", o~z., . ~~J
1...... ' l. "','f:..#:),~.,7 t:'"Ut-.~-....
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Elizabeth H. Silver
City Attorney
City of Dublin
EHS:rja
e: Richard Ambrose, City Manager
Joni Pattillo, Assistant City Manager
Lee Thompson, Public Works Director
Steven Yee, Associate Civil Engineer
John Bakker, Associate Attorney
660279
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3'boJ47
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lAW OfFICES OF
GAGEN, McCOY, McMAHON & ARMSTRONG
A PROfESSIONAL CORPORATION
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PATIl.ICt::J,MC:MAfDN
M"'RICT. AR."'/1T'Iln~T1
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KATHI!l\1NES.ZElAZM'
N:-lAc.MOO/'l
P.RIlC!'l. QllANnT
September 19, 2003
DANVnLE OFFICE
279 :FRONT STP..EET
P.D.Box 2UI
DANVILLE, CA'-WQRNlA 94526-02.18
ThL'f.J'HONE!: (925) 837-0585
f^X: (925) 838.5985
NAPA V AlLEY OFf/ICE
T1-ffi OPFlCES AT SOUTHBRIDGE
1030 MAIN S"J'ReET. SUlTR 212
ST. IiELffiM, C;..r,lFORNIA 94574
TELEPHoNe: (707) 96>-<1909
FAX: (707) 96)-5527
Plea!le reply to:
DaRville
By Facsimile (510)444-1108
Original by Us. Mail
Elizabeth H. Silver, City Attorney, City of Dublin
McyersfNavc Riback Silver & Wilson
555 12th Street, Suite 1500
Oakland, California 94607
Re. Alamo Bike Trail
Dear Ms. Silver:
Thank you for your letter of September 17, 2003, which sets forth the City of
Dublin's response (Response) to five conditions requested by our clients David and Terry
Davis (Davis family), with regard to the City's recent approval of the Alamo Creek
BicyclelPedestrian Path (Path),
This letter will confirm, per our discussion, that the Davis family appreciates and
agrees with the City's Respon~e, and that based on such Response we will not be filing a
judicial challenge to the City's approval of the Path.
The Davis family looks forward to working with the City with regard to issues
addressed in the City's Response. Pursuant to Condition #2 of the Response, I will be
requesting the Davis family to submit directly to the City a proposed allocation of division
of the funds between the smgle-family and townhouse/condominiums.
F;\CLACM\3534.5\tlnal. ltr.wpd
3q 'J I 47
Elizabeth H, Silver
September 19,2003
Page 2
We further appreciate the opportunity for the Davis family to work directly with your
Public Works DIrector and City Engineer's office as needed to address the Response issues.
Thank you for your assistance in this matter.
V~I yours,
tKfe
ACM:am
cc: David and Terry Davis
(encls. letter dated Sept. 17,2003 to Allan Moore from Elizabeth Silver)
F:\CIACMIl~3'Mn.I.ltr,wpd
CITY 9E..JmIUd.N
100 Civic Plaza, Uublin CA 94568
!f0 j f 4 7
City Manae:er's Office
(925) 833-6650
MEMORANDUM
DATE. June 16,2006
TO' CIty Council
FROM. City Manager
SUBJECT City of Dublin/San Ramon Liaison CommIttee Special Meeting
On June 7,2006, a mecting was held with representatives from the Duhlin/San Ramon Liaison Committee
to discuss the Alamo Creek Trail/Crossridge Road Emergency Vehicle Access Gate Closure. Mayor
Lockhart eXplained the reason for !he meetmg was to hcar citizen's concerns regarding thIs lSSUe and then
take that inlormation back to Dublin and San Ramon's City Councils and Staffs for discussion.
LIaIson Committee Members and City Staff in attendance:
Mayor Janet Lockhart, City nfDublin
Vice Mayor Tony Oravetz, City of Dublin
Dave Hudson, San Ramon City Councilmember
Carol Rowley, San Ramon Vice Mayor
Herb Moniz, San Ramon City Manager
Richard Ambrose, Dublin City Manager
Melissa Morton, Public Works Director, City of Dublin
Joni Pattillo, Assistant City Manager
Lt. Moon, Dublin Police
Caroline Soto, Deputy City Clerk, Dublin
Public Speakers were given time to speak:
Glenn Walder, teacher at Dublin High, discussed the need for the gate to be opened for accessing both
trails in Dublin and San Ramon for cross country training and competitions. The trails were safer than
usmg City streets.
RIchard Osborne, Dublin, discussed using the gate to commute to work on bike from Dublin to at
Windemere School in San RanlOn by uSlllg Alamo Creek to avoid riding on the streets. He did not feel
, safc using the streets and would like to see the gate unlocked.
Martin Lysons, Attorney for Terry and Dave DavIs, stated he was speaking for the Davis' and other
neighbors of the Davis' The use of the gate for through traffic had increased parking, garbage and
vandalism. He discussed the history ofthe creek and environmental findings regardlllg the creek and
gatc. In 2003, there was a mitigated Negative Declaration done and the Davis' and then neighbors
challenged somc of the findings. Instead of going to court, the DaVIS' and the neighbors came to an
agreement. In that settlement agreement, it was reiterated that this trail would be specifically for local
servmg traffic. There was nothing in the Settlement Agreement that allowed the opening of the gate to
through traffic. These neighbors would be reasonable to access of the trails and sensitive to the issues of
ATTACHMENT 7.
41 d47
the people that need the trail for speeiflc events. The neighborhood felt that ifthere was some notice and
limited, specific events m which there was a need for the trail, such as a cross country meet, where there
were pcople that were specifically assigned for clean up after the events, that these kinds of events could
be accommodated. However, to open up the entirc trail to through traffic runs afoul ofthe en\1re
administrative history ofthlS trail from Its construction to present day He asked for the Cities to take two
stcps: I) That Dublin accept the five-foot spike strip which had bee dedicated by the developer; 2) Both
Cities put up signage stating the fad that through traffic is prohibited.
Patty Hoyt, San Ramon, asked who maintained the AlanlO Creek Trail and after Dublin City Managcr
Rich Ambrose said the City of Dublin maintains the trail, she stated that if the City is mamtalllmg it, then
It should be accessible to City resIdents.
Kim Burgess, Dublin, stated that ownership and mamtenanee of the trail should determine access to It by
the public. She was also the parent of a cross country student and said that as such, they picked up
garbage after the use of the trai I by the cross country team for events.
Terry Davis, Dublin, asked Staff to define where Alamo Creek Trail started and stopped, because the gate
that was in question was not a part of the trail.
Mayor Lockhart stated that Staff would do a presentation on thc trail that included where It started and
stoppcd,
Dubhn Public Works Director Mclissa Morton stated the two ends of the trail were Amador Valley
Boulevard. and Crossridge Road,
Mayor Lockhart stated that the gate in question and Emergency Vehicle Access was in San Ramon and
was not presently part of the trail.
A resident of Bently Oaks Court, San RanlOn, discussed her use of the trail and was upset that there was
no longer acecss. As a San Ramon resident right off the trail, she had never had any trouble related to the
trail.
Dave Davis, Dublin, stated he was hearing from the residents present, an entitlement, to use the trail that
was never meant to be a trail. Thc emergency access vehicle (EVA) road was referred to, on the original
documents, as a non pedestnan accessible area. To use, open or climb the gate was agamst the law He
reiterated that the gates were never legally opened or ]iltended to be opcned. He was told ten years ago
that thc gates were going to be locked because it was never meant to be opened. He understands that the
gates may need to be opened, legally, to be used for different purposes but that there were other ways to
get from Duhhn to San Ramon. The gate should not be opened simply through entitlement at the cxpense
ofthe privacy ofthe residents of the surrounding homcs. Signage should be in place that it was an
emergency vehIcle access road only; no pedestrian access.
Joyce Hayes, San Ramon, asked if there had been any decrease in vandalism since the gates had been
locked.
Mr Davis stated yes.
Ms. Hayes suggested the gates be opened in the morning and locked in the evening.
Debbie Laird, Dublin, a frequent trail user, asked if the law could be changed from emergency access
vehicle use only to public access, pedestrian or bike traffic, not vehicle access.
Lj~ 0('4-7
Dublin Public Works D,redor Morton gave background on the trail and the gate. At the end of
Crossridge Road, there was a 5 foot dedication strip of property, whlCh was to ensure that Dublm could
dctermine how and when that road could be extcnded if it ever was. She had no rccord that It was ever
accepted; only dcdicated. When the San Ramon subdivision eame in, Dublin granted an encroachment
penllit to put III a driveway cut and original gate for emergency vehicle access. But a true easement over
the top of that dedicatIOn"" as never pursned. So right now there was not an emergency vehicle access
over the top of the dedication and no record that Dublin ever accepted that dedication. That piece of
property would still be viewed as held hy the original subdivider and does not twilight for 25 years. It
was now 20 years old. Her records do not show that area was ever conceived as trail access. The
environmental documents for that trail examined the impacts of incorporating that trail, on the adj aeent
owners, the 110ra and fauna ofthe creek, and it described the trail as having these two fixed termini and no
connechon on the north side being local served, serving only That was the environmental document done
for the origmal pro] eel. There was also a Settlement agreement that spoke to how the trail would be
operatcd and maintamed. The trail was physically closed from dusk to dawn. It is the view ofthe City
Altorney that for these two trails to he eonneetcd, further environmental documentation would be
necessary if the Council were interested m connecting the path to the other path in San Ramon.
Dublin Vice Mayor Oravetz suggested reahgmng the trails to connect.
Dublin Public Works Director Morton stated the grade differential would not allow thIS.
Dublin Vice Mayor Oravetz discussed hIS use of the trail and likes to see CItizens using the trail and hoped
a solution could he reached by the two Councils, maybe by extending it to bypass the homes in the area.
And agreed that, legally, the gate in question should be locked.
Dublin Mayor Lockhart said the makmg of the trail was for the reSidents of our community, to see the
habitat and enjoy the trail. It was news that there were so many people in the neighboring community that
also enJoyed the trail. She was also hoping there was a way for the Council's in both Cities to work
through the issue to protect the Davis's and other neighbors'nghts, and allow everyone to enjoy the trail.
San Ramon City Managcr Hcrb Moniz discussed the hackground of the San Ramon trail. From City of
San Ramon's perspective, the EVA gates should always be locked to vehicle access. Cars were accessing
the EV A gate and at that pomt, the gate was locked, He asked that San Ramon just put 111 a pedestrian
gate and San Ramon Public Works advised him that the City of Dublin had five foot strip of land there, so
the City of Dublin would need to be contacted to put in the pedestrian gate and that was where it was. He
quoted from the ADA Conditions of Approval, Page 6, 8d, "Applicant shall make arrangements with the
City of Dublin for extension of the EVA easement into Dublin from the street J on the final Map
app]ieation." On Page ]2, #]2, "Prior to fihng a final map, developer shall submit detail improvement
plans for planned trail facilities to the PlaIUling Dept. and other appropriate agencies for review and
approval. These plans shall be integrated with other plaIUled train facilities and EV As, Details of the
EV As shall be submitted for review and approvaL" City could not find any submissions.
San Ramon Councilmember Dave Hudson discussed thc longstanding, close relationship between the two
cities, We should not be putting gates across trails. He said maybe there needs to be more coordination in
finding out who is vandalizing the trails, so as to not have to close off trails. There needs to be a way to
Improve trails, not go backwards. And make parks and trails local beyond county and city lines.
The Liaison Committee Members all continued the discussion on the nced to find alternatives to connect
the two Cihes' trails for the enjoyment of the pubhc, not impose on the nearby homeowners, and alleviate
vandahsm on the trail.
Mr. Davis reiterated that there should be signage up to explam what was going on with the gate.
4}; of 4- 7
Mayor Lockhart stated that the Liaison Committee had heard from everyone in attendance and would now
go back to its' respective City Councils and have d,s<,;ussions about what could be done to accommodate
residents and ncighbors and creative fhlllklllg needed to take place. But she could impress on the Dublin
City Council, there was great interest to enjoy this trail. Staff needed speak to talk to thc neighbors to get
their lllput and that the Davis were at the meeting to gIVe their point of view and hear others point of view
An attcndcc asked iffhe Idea of eOnneetlllg the Alamo Creek Trail with the other would require an
environmental work study to which City Manager Ambrose statcd yes and It could take months.
Mayor Lockhart advised that an EIR does not always give you the answers you want
Meeting adjourned at 5.22 p.m.
LAW OFFICES OY
41 of +7
GAGEN McCOY
GAGEN, McCOY, McMAHON, KOSS, MARKOWITZ & RAINES
4. PPOlft:SSlONAL CORPORATION
WILLlAt,fnA[fI:!N,JIl.
GRf.OORY L, Mccoy
PATlI:ICKJ. MCMAHON
CHARLES f\., Koss
MICllAELJ. MARKOWITZ
RlCIIARDC. RAINEs
BAkDARA DUVAL JEVfI3LL
RO!l~k.'1' M. F ANUCCI
Al.l.AN C. MOOltE
Sn:p/iEI'Il,8IJf.Hl.
A1'.IANDA BEVINS
MAil-TIN L\'SuNS
KATHERINE $, i.'.F;.I.,.I.7.NY
ERlC S. QUANDT
LAI,!RF.N E. Do\)G~
ANNA CLAVllR.lA BRAN".NAN
SARAH S. NIX
July 7, 2006
DANVILLE Of,'.l-'ICE
279 FRONT STREET
P,O, Box 218
DANVILLE, CALIFORNIA 94526-0218
TELEPHONE: (925) 837-05Rj
FAX; (925\ 838-W85
~:.ll1';.~1-i ~~1\,~f;:'S,~.~
. ~ .'.,~ "',....i'i....~. '" \,:"11",.
NAH V ALLEY OFflCE
THE OFF1CES AT SOUTHERIDOE
1030 MAIN STREET, SUITf. 212
ST. HELENA. CALTFORN1A 94574
TELEPHONE; (707) 963-0909
FAX; (701)Y63-5527
PluatRtrplylO;
OF COUNSEl.
LINN K. COoMIlS
liP I
'lilJr
fW1': ,~~/~~(S
Danville
.
Via Facsimile (925/829-92~81
and U.S. Mail
1(J1!~ ':' ~'~'L' :1.
.l i,W,,,,"'.!r<,<~~,ll
Melissa Morton
Public Works Director
City of Dublin
1 00 Civic Plaza
Dublin, CA 94568
Re: Alamo Creek Bicyde Path Proposcd Pedestrian Gate at Crossridge Road
Dear Ms. Morton:
Our offices continue to represent David and Terry Davis ("the Davis Family") and other
concerned neighbors in the Ridgecreek and Woodlands subdivisions regarding the
proposed opening of a pedestrian gate at the Crossridge Road terminus to connect thc
City of San Ramon's emergency vehicle access (EV ^) to the Alamo Creek Path ("the
Path"). As you know, the Davis Family homc is the nearest to the location of this
proposed site. I would like to thank you for the opportunity provided to us to voice our
clients' concern at the City of Dublin/City of San Ramon Liaison Committee Meeting
("the Liaison Committee Mecting") on June 7, 2006 The Davis Family and I felt that
this meeting was very productive and infonnative
As outlined in the letter to Elizabeth H. Silver from Allan C Moore of our office, the
history of the Alamo Creek Trail dates back to the mid-80's, when the Ridgecreek
subdivision was first approved. At that time, the City Council spccifically addressed the
question of whether public access should be allowed to the Alamo Creek area and
rejected the idea. Thc City Council cited "security and maintenance issues" as the reason
for their opposition to the development of trails adjacent to Zone 7 facilities. These
issucs persist to this day, and thc additional foot and bicyclc traffic created by opening
the proposed gate will only compound the problems.
P.\CLACMd5345\Morton Ltr 07(}706.doc
A1'fACBMENT L
Melissa Morton
July 7, 2006
Page 2
45of47
Nothing in the path's history suggests that public access to the path could be considered
at a future datc. In fact, the existing Alamo Creek path was constructed pursuant to a
mitigated negative declaration (MND), which found that the new path would not have
significant irnpacts only under the assumption that the path "is anticipated to be a local
pathway used by local Dublin residents and (their) visitors." Only under these
circumstances could the MND conclude that privacy and noise impacts would be
minimal.
When the MND was published, the Davis Family and other concerned neighbors
challenged its findings and the proposed construction of the Path. This began a process
of good-faith negotiations with the City of Dublin, which resulted in a compromise
settlcment agreement The City Attorney's letter of September 17, 2003 and a response
from our office dated September 19, 2003 outline thc terms of the settlement These
letters confirm that the concerned neighbors would refrain from filing a judicial challenge
to the City's approval and construction of the path only under specific conditions tailored
to address the privacy, noise, and related environmental concerns of the Davis Family
and the concerned neighbors. These conditions are also outlined in the above-referenced
letter from Allan C. Moore to Elizabeth Silver. In my opinion, opening of the BV A gate
or creating a connection to the Path from San Ramon in any location would be contrary to
the spirit and the letter of the settlemcnt agrcemcnt, and to the assumptions and
conclusions of the mitigated negative declaration.
The history and the intent of the original approvals for the Path preclude the opening of
this gate and the creation of any other connection to San Ramon. However, the Liaison
Committec Mccting gavc cvcryonc the opportunity to hear the positions of people on all
sides of this issue. My clients remain sensitive to the needs of the Dublin High School
cross-country team to utilize the Path to host regional meets. If the school wishes to host
such a meet, the Davis family would not oppose use of the Path for this purpose, but only
under the following conditions. (1) that the Path be utilized only for regional meets and
not for regular practices, (2} that the number of meets is limited to three per year; (3) that
cach neighbor within 300 feet of the Path is given 30 days' notice for each meet; and (4)
that the school assumes responsibility for policing the area for excess litter and incidental
damages when the meet is over It should be noted that this concession is a violation of
the Path's intended use; therefore, such limited use must be the exception, and not the
rule. The City should also notify the school that any violation of these provisions will
result in a revocation of the priviledge of using the Path.
A connection to the existing concrete path in the Bent Creek subdivision on the San
Ramon side of the fen<,;e was also discussed in the Liaison Committee Meeting. This
connedion would dearly violate the SpIrit and the letter of the settlement agreement, the
MND and the stated intent for the local use of the Path, The Path is a designated as a
bicycle and nature trail. Any connection from Bent Creek, or any other San Ramon
f.,\CLACM\35345\Morl0!l Ltr 0707Mi.doc
Melissa Morton
July 7, 2006
Page 3
40o.f-4-7
location, would transform the Path from a nature trail to a thoroughfare. The connection
would create a path that threatens the long-term health of three protected heritage oaks
and would severely degrade the environmental quality of the hillside. In addition, the
privacy needs of the neighbors, which were so carefully addressed in the settlement
agreement and the MND, would be severely compromised.
In summary, our clients continue to object to opening the gate or creating any connection
between the EVA and the Path. However, they are willing to support a compromise
provision for the Dublin High School cross country team to utilize the Path under the
limitations outlined above. We ask that the City reject any proposal to open the
connection between the EVA and the Path. In addition, we ask that the City formally
accept the dedication of the "spite strip" that was dedicated to the City when the
Ridgccreek subdivision was initially approved.
Thank you for your consideration of these issues. Please call me if you have any
questions.
Sincerely,
7~ <:v~
Martin E. Lysons
MEL:kra
cC' David and Terry Davis
Richard Ambrose
Herb Moniz
F"\CLACM\35345\Morton Ltr U711706.dm;
Alamo Creek Bicycle Path
at Crossridge Road
70f '+7
I'IIroeI!I 0 ~ 100 111II :DI 4XI ~ IIIIID ~
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