CCMIN061279 - Laserfiche WebLink

It was moved by Councilmember Mercer, and seconded by Mayor Brandes, that Resolution No. 79-95, authorizing the termination of the October 9, 1972, agreement between the City of Pleasanton and the gravel producers, and amend- ing Section (1) of the resolution to include parking, blocking access of emer- gency vehicles, odor, and projectiles (flying rocks), be adopted. The roll call vote was as follows: AYES: Councilmen Kephart, Mercer, Wood, and Mayor Brandes NOES: None ABSENT: Councilman Butler The City Attorney read the resolution and stated it would take effect immediately. "Section 1. Pursuant to paragraph 8 of the October 9, 1972 Agreement, the City Council authorizes and directs the City Manager to give ninety (90) days notice of termination to Producers due to the substantial increase in magnitude of gravel truck traffic; this increase causing hazards to drivers, pedestrians, and in particular to Pleasanton School students; increased noise and traffic congestion; continuing street damage; the blocking of access of emergency vehicles and homeowners by parked gravel trucks; and effects of gravel, rocks and other projectiles from the trucks; any one of which individually would Justify such termination. Section 2. Pursuant to paragraph 13 of the ~greement, the Council author- izes and directs the City Manager to give ninety (90) days notice of termination to the Producers for their deliberate default of duties im- posed by paragraph 6. Section 3. The City Council advises the Producers that the failure of attempts to provide E1 Charro or other road from Stanley Boulevard to 1-580 as an alternate route to using Pleasanton Streets for gravel traffic within the five (5) years listed in paragraph 7 also supports termination and voiding of the agreement. Section 4. The Council finds and declares that the public health, safety and welfare requires such termination as provided above. Section 5. This resolution shall take effect 4mmediately upon adoption." Mayor Brandes and Councilmember Wood commended citizens and staff for their excellent reports and presentations. Mayor Brandes expressed concern about the 16,000 pound weight limitation stating maybe this should be lowered to prohibit empty gravel trucks from going through town. Mayor Brandes also expressed concern regarding enforcement of penalties for violations. The City Attorney advised violations would be considered a mis- demeanor and would be applied to individual trucks. Mayor Brandes questioned the three year time period to allow Lone Star to find an alternate route. Mr. Brown advised that given the context of the provisions of the agreement, this was a reasonable time to secure an alternate route. The City Attorney added that Lone Star's trucks cannot be banned from the City unless it has a reasonable alternate route in any case. 9. 6/12Z79