MINUTES OF THE
March 11, 2008
A regular meeting of the City Council of the City of San Ramon was held March 11, 2008 at 6:33 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Councilmember Hudson presiding.
PRESENT: Councilmembers Hudson, Perkins, and Rowley.
ABSENT: Mayor Wilson and Vice Mayor Livingstone.
STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Police Chief Scott Holder, Transportation Division Manager Lisa Bobadilla, Legal Analyst Alicia Poon, Planning Services Manager Debbie Chamberlain, Senior Engineer Robin Bartlett, and City Clerk Patricia Edwards.
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With the absence of Mayor Wilson and Vice Mayor Livingstone, the City Clerk requested that the Council select a member to preside at the meeting. Cm. Rowley’s motion to nominate Cm. Hudson as presiding officer to chair the meeting was seconded by Cm. Perkins and approved 3-0.
At 6:33 p.m., the Council, except for Mayor Wilson and Vice Mayor Livingstone, met in Closed Session (1) pursuant to Government Code §54957 to evaluate the position of City Attorney and (2) pursuant to Government Code §54957 to evaluate the position of City Manager.
At 7:07 p.m., Cm. Hudson reconvened the meeting. Cm. Perkins and Cm. Rowley were in attendance. Cm. Hudson reported that no action was taken by the City Council on either of the Closed Session items.
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PLEDGE OF ALLEGIANCE
Cm. Hudson led the staff and the audience in the pledge of allegiance.
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Cm. Hudson asked if there were any changes or additions to the agenda. The City Clerk noted that there were none.
Cm. Hudson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The City Clerk noted that the Finance Committee meeting scheduled for March 12, 2008 will be held on March 18, 2008. The Housing Advisory Committee meeting will meet in conjunction with the Planning Commission on March 18, 2008 instead of their regular March 13, 2008 meeting. The Policy Committee meeting will be held on March 24, 2008.
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(#4.1) Recognition of PJ Dhoot, Transportation Specialist, as Employee of the Month for March 2008.
Transportation Services Manager Lisa Bobadilla introduced PJ Dhoot. Ms. Dhoot is the City’s Residential Traffic Calming (RTC) staff person. She is being recognized for her work in articulating the technical procedures and legal process involved in establishing speed limits and traffic control. Ms. Bobadilla added that Ms. Dhoot’s enthusiasm is contagious and she is a valued Transportation team member.
Cm. Hudson presented Ms. Dhoot with a certificate and a gold star and thanked Ms. Shoot for her work. Ms. Dhoot thanked the Council for this recognition. She stated that it is a privilege to work in San Ramon and that when minds and hearts work together the goal of providing safety for all users of the San Ramon transportation network can be achieved. She noted that the City does not compromise on safety.
(#4.2) Recognition of Street Smarts 2008 Poster Contest Winners: Daniel Fernandes; Montevideo Elementary School – Divya Wadhwani; Montevideo Elementary School – Selena Lugosi; Golden View Elementary School – Anika Rawat; Hidden Hills Elementary School.
Transportation Services Manager Lisa Bobadilla acknowledged, recognized and thanked the supporters of the Street Smarts Program. She introduced Nat Rojanasathira, Street Smarts Program Coordinator. Ms. Bobadilla thanked Bob and Carmen Pack from the Troy and Alana Pack Foundation and Prem Dhoot from Toll Brothers for their financial contributions. Cm. Hudson noted that these events are not possible without the sponsor’s generous financial support. Mark Curtis was acknowledged for his contribution as the Master of Ceremonies for Street Smarts events. Mr. Curtis stated that he is very proud of the Street Smarts Program and that he will continue to participate in it. Dana Mentick was recognized for her contribution as the author of the "Way Out Visitor" storybook. Cm. Hudson presented a certificate recognizing students Daniel Fernandes and Divya Wadhwani for their artwork contributions to this project.
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CITY COUNCIL APPOINTMENTS
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The City Clerk noted that there were no requests for public comment.
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APPROVAL OF MINUTES
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(#8.1) Minute Order No. 2008-03 – Accepting the Work by Valentine Corporation for Construction of the Furnishing and Installation of a Chemical Storage Building at the San Ramon Olympic Pool & Aquatic Center (CIP 5439) as Complete and Authorizing the City Clerk to File a Notice of Completion with the County Recorder's Office.
(#8.2) Minute Order No. 2008-04 – Accepting the Work by Sealant Technologies, Inc. for the San Ramon Community Center Expansion Joint Renovation Project (CIP 5431) as Complete and Authorizing the City Clerk to File a Notice of Completion with the County Recorder's Office.
(#8.3) Architectural Review Board Appointments.
(#8.4) Resolution No. 2008-43 – Adopting a Work Plan to Receive Proposition 1B Funds in the Amount of $933,453 in Fiscal Year 2007/08 for Maintenance and Improvement of Local Transportation Facilities.
(#8.5) Resolution No. 2008-44 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in Subdivision 7984 for Maintenance (Shapell Industries – Monarch at Gale Ranch).
(#8.6) Resolution No. 2008-45 – Accepting Certain Roadway and Storm Drain Dedications and Improvements in RA 1153 (Ivyleaf Springs Road) for Maintenance (Gale Ranch – Shapell Industries).
(#8.7) Resolution No. 2008-46 – Accepting Certain Roadway and Storm Drain Dedications and Improvements in RA 1156 (Golden Bay Avenue) for Maintenance (Gale Ranch – Shapell Industries).
(#8.8) Resolution No. 2008-47 – Describing New Improvements and Ordering the District Engineer to Prepare and File the Landscaping and Lighting District No. 1984-1District Engineer's Report for Fiscal Year 2008/09.
(#8.9) Resolution No. 2008-48 – Authorizing the Mayor to Execute Amendment No. 2 to an Existing Agreement with Quality Air Solutions to Renew the Agreement for One Year for Providing Heating, Ventilation and Air Conditioning Services in an Annual Amount Not-to-Exceed $71,987 and a Cumulative Agreement Total Not-to-Exceed $423,000 and Authorizing Staff to Invoke Amendments for All Subsequent Renewals, Increases in Scope and/or Funds in a Total Agreement Length Not-to-Exceed Five Years.
(#8.10) Resolution No. 2008-49 – Supporting Metropolitan Transportation Commission in Providing Continued and Expanded Funding to Local Jurisdictions for the Maintenance and Improvement of Local Streets and Roads.
Cm. Perkins’ motion to adopt consent calendar items 8.1 through 8.10 was seconded by Cm. Rowley and passed 5-0. Mayor Wilson and Vice Mayor Livingstone were absent.
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(#10.1) Public Hearing: Introduction of Ordinance No. XXX (next in line) - Amending the San Ramon Zoning Ordinance to Add Subsection (1) to Section D3-6 Creating Height Limitations for Future Buildings Outside of the San Ramon City Center Project Boundary.
Alicia Poon, Legal Analyst, provided the report. This action is being taken as part of the Settlement Agreement in the case of San Ramon for Open Government v. City of San Ramon et al. The Zoning Ordinance amendment states that "no future building outside of the 40 acre Project boundary shall exceed the greater of (1) five stories or (2) higher than the existing BR-1 office complex, except by a vote of the people of San Ramon."
Cm. Perkins’ motion to introduce the ordinance and waive the reading was seconded by Cm. Rowley and passed 3-0. Mayor Wilson and Vice Mayor Livingstone were absent.
Cm. Hudson opened the public hearing.Jim Gibbon, resident, requested clarification of the language in two sections. City Attorney Byron Athan noted that the language in Section 5 (1) was approved by the attorney for San Ramon for Open Government.
Roz Rogoff, resident, congratulated the City for settling the City Center lawsuit. She commented that this is a good Ordinance and will eliminate tall buildings in San Ramon.
Cm. Perkins’ motion to continue the item to the March 25, 2008 meeting was seconded by Cm. Rowley and passed 3-0. Mayor Wilson and Vice Mayor Livingstone were absent.
(#10.2) Public Hearing: Tassajara Valley Planning Subarea – Sphere of Influence Amendment.
Debbie Chamberlain, Planning Services Manager, requested that the item be continued to a future date and re-noticed. On February 4, 2008, the City released an Initial Study/Negative Declaration for a Sphere of Influence (SOI) Amendment to include the Tassajara Valley Planning Subarea. The comment period closed on February 25, 2008. At the request of Local Agency Formation Commission (LAFCO), the City elected to defer its application for a SOI amendment and will schedule a future meeting to coincide with LAFCO’s revised Municipal Service Review timeline. LAFCO is scheduled to act on the City’s Municipal Service Review in late spring/early summer.
Cm. Hudson opened the public comment.
Ron Brown, representing Save Mount Diablo, remarked that the General Plan did not analyze developments in Tassajara Valley and so Environmental Impact Report (EIR) must be prepared. He stated that the Negative Declaration is inadequate and inappropriate. He provided materials to be entered into the public record. These included: the Contra Costa County Draft EIR for the Tassajara Project; the Tassajara General Plan Amendment EIR (Technical Appendices); the July 24, 2007 County Development Director’s Staff Report to "Consider Authorization for a General Plan Amendment Study Relating to the Establishment of a Rural Mixed Use Designation for Multiple Parcels in the Tassajara Area Located Along Camino Tassajara, as Requested by FT Land, LLC; Save Mount Diablo’s Response to the Notice of Preparation for Creekside Memorial Park Cemetery (February 12, 2007); and Save Mount Diablo’s letter to Mayor Wilson "Comments #2 – Initial Study/Negative Declaration – Sphere of Influence Amendment – Tassajara Valley Planning Subarea (March 11, 2008). He stated that the Council should honor the ULL, protect the Tassajara Valley, and end its effort to expand its SOI. He suggested that the City circulate a Notice of Preparation for an EIR.
Jim Blickenstaff, resident, stated his concerns about the Urban Growth Boundary (UGB) and the Urban Limit Line (ULL) issues. He suggested that the City focus on its ULL and protect the City’s green space and not take action which might encourage development.
Roz Rogoff, resident, stated that any development in Tassajara Valley should be under the City’s control to avoid another Dougherty Valley situation. She suggested that the City work cooperatively with environmental organizations on this issue.
Doug Burr, resident, outlined several unresolved traffic safety issues promised by the Transportation Department on December 11, 2007. These include: (1) flashing lights identifying school zones on Windemere Parkway; (2) with the 40 mph speed limit, increasing the length of the school zone on Windemere Parkway in front of Hidden Hills Elementary School from 200 feet to 500 feet; (3) proposing an ordinance to extend the school zone speed limits to include after school and weekends; and (4) the stop sign at Windemere and Bellingham Square. He requested that the Council look into these issues.
Cm. Hudson closed the public comment.
Cm. Perkins addressed the Tassajara Valley SOI. The voter approved General Plan directed the Council to take actions regarding the Tassajara Valley. The City has a choice of whether there is local or County control of any development. In San Ramon’s current SOI, the property in the northwest part of the City by Las Trampas has little or no development. He stated that pursuing a SOI does not directly lead to development.
Cm. Hudson clarified that the County, not the City, is responsible for building Dougherty Valley. The City annexes development after completion by the County. He added that all of the tri-valley cities support a cemetery in Tassajara Valley. He clarified that Measure L did not bar development in Tassajara but called for a review of the ULL by the County in 2011 and 2016. Measure L also recognized the voter approved ULL policy of San Ramon. He stated that San Ramon postponed the SOI at LAFCO’s request not because it was inadequate.
Cm. Hudson discussed the General Plan, UGB, Tassajara Valley SOI. No development is contemplated by, nor would any such development be permitted, as a result of the SOI amendment. Under the General Plan, no development is permitted until the City prepares an Eastside Specific Plan (ESP) for the Tassajara Valley planning subarea. The SOI would enable the City to cooperatively join the County and area land owners in initiating the ESP process. The ESP is intended to coincide with the public vote in 2010 to establish the City’s future UGB. The General Plan requires that the ESP undergo a full environmental review. He reviewed the implications of the ULL relative to receiving return to source money and TLC funds. He summarized by stating that: there will be an UGB vote in 2010; the notification for the SOI Amendment is the correct action for the City; and that Windemere Parkway will soon be opened to Tassajara.
Cm. Perkins’ motion to continue the Tassajara Valley Planning Subarea Sphere of Influence Amendment to a date uncertain was seconded by Cm. Rowley and passed 3-0.
Mayor Wilson and Vice Mayor Livingstone were absent.
CONVENE AS GEOLOGIC HAZARD ABATEMENT DISTRICT BOARD OF DIRECTORS
(#11.1) Public Hearing: Geologic Hazard Abatement District No. 1990-01 –
Consideration of Resolution No. 2008-50 - Approving the Annexation of Silva Property into Geologic Hazard Abatement District (GHAD), Establishing a "Per Unit" Annual Assessment and Assessment Limit of $250 per Residential Unit and $0.10 Per Square Foot of Non-residential Space for the GHAD, and Authorizing the Mayor, as the GHAD Board Chair to Execute an Agreement with Windemere BLC Land Company (Windemere) for the Annexation of Silva Property (APN 223-050-007 and 223-050-009) into the GHAD.
Cm. Hudson convened the Geologic Hazard Abatement District Board of Directors.
Robin Bartlett, Senior Engineer, provided the report. The Council had no questions.
Cm. Hudson opened the public hearing. There were no requests to address this item. Cm. Hudson closed the public hearing.
Cm. Hudson announced a "last call" for the receipt of ballots and directed the City Clerk to tabulate the ballot. The City Clerk reported that one ballot had been received and this vote supported the annexation of the Silva Property into the GHAD 1990-01.
Cm. Perkins’ motion to accept the vote and adopt Resolution No. 2008-50 was seconded by Cm. Rowley passed 3-0. Mayor Wilson and Vice Mayor Livingstone were absent.
Cm. Hudson adjourned the Geologic Hazard Abatement District Board of Directors.
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CITY MANAGER COMMENTS
City Manager Moniz had no comments.
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Cm. Rowley proudly announced that March 8, 2008 was the 25th Anniversary of the incorporation of the City of San Ramon.
Cm. Perkins thanked the San Ramon Chamber of Commerce for a marvelous trip to China. He encouraged interested residents to contact the Chamber for details on future trips to Egypt and Greece.
Cm. Hudson recapped the Contra Costa Transportation Authority meeting and noted that they are working on an action plan for the county wide transportation plan. He reported that the Mayor and he attended the public hearing on the draft Municipal Regional Stormwater Permit. He remarked that the new permit will be very detrimental to the City as there is no funding plan and the permit does not demonstrate any benefit to the City.
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MAYOR’S REPORTS AND COMMENTS
At 8:22 p.m., there being no further business, Cm. Hudson adjourned the meeting.
Approved at the March 25, 2008 City Council meeting 3-0, Livingstone and Wilson abstain.
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