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February 28, 2012

A regular meeting of the City of San Ramon Geologic Hazard Abatement District No. 1990-01 was held February 28, 2012 at 9:40 p.m. in the Dougherty Station Community Center, West Meeting Room, 17011 Bollinger Canyon Road, Chair Clarkson presiding.
PRESENT:  Board Members Hudson, O’Loane, Perkins, Board Vice Chair Livingstone, and Board Chair Clarkson.
STAFF PRESENT:  City Manager Greg Rogers, City Attorney Sheryl Schaffner, Police Chief Scott Holder, District Engineer Robin Bartlett, and District Clerk Patricia Edwards.

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Board Chair Clarkson led those in attendance in the pledge of allegiance.

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The District Clerk noted that there were no announcements.

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The District Clerk reported that there were no requests for public comment.

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(#5.1) Minutes of the September 13, 2011 meeting.

Board Vice Chair Livingstone’s motion to approve the January 24, 2012 meeting minutes was seconded by Mbr. Perkins and passed 5-0.

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(#6.1) Geologic Hazard Abatement District No. 1990-01 (GHAD) – Adopt Resolution GHAD No. 2012-002 – Finding Approximately 6,000 Square Feet of Parcel D in Subdivision 7015 (APN 217-401-047) to Be Surplus and Authorizing the Chair of the GHAD Board to Execute a Sales Agreement with the Owners of 619 Rock Rose Lane (APN 217-401-039) for Its Sale at the Appraised Value.

District Engineer Robin Bartlett provided the staff report.  District staff has determined that the parcel is not needed by the GHAD for the purpose of abating geologic hazards.  He reported that, on two previous occasions, the GHAD Board approved the sale of this parcel with the condition that the applicant completes the City’s site development process within one year. The applicant failed to do this but has begun the approval process and re-approached staff indicating that they would like to move forward with the project.  

At the January 24, 2012 GHAD Board meeting, the Board requested that staff notify residents in the area of the proposed action and the date and time when the item would be considered by the GHAD Board.  The notice was mailed to 34 residents on February 3, 2012 and included all the residents on Rock Rose Lane and Carson Court and the residents on the south side of Iris Lane.  Mr. Bartlett reported that staff received one comment from a resident who lives near the site and who is opposed to the sale.  The resident believes that the area was open space and is concerned that the project may adversely impact their view and property value.

Mbr. Perkins’ motion to adopt Resolution GHAD No. 2012-002 was seconded by Board Vice Chair Livingstone.  Mbr. O’Loane disagreed with the statement that the purpose of the Open Space Task Force (OSTF) was to look at property at the edge of the City.  He believes that the OSTF is charged with looking at all properties contiguous to existing open space.  He stated that Open Space advocates state that it is very difficult to find level property.  He stated that there are several aspects to the property which make it open space.  He added that the property is probably not saleable in the current market.  He questioned if the Board is executing its duties and its responsibility to the City by selling the land at its cheapest point.  He stated that the sale of this property does not make sense from a business standpoint and trumps the work of the OSTF.  He noted that the property owner has previously failed twice in their efforts to complete the project.  Board Chair Clarkson stated that he was concerned about the OSTF and the lack of their feedback on this property.  Mbr. Hudson stated that there is a difference of opinion regarding the OSTF’s responsibility.  The General Plan charged the OSTF with locating open space properties “contiguous to the City limits”.  He added that the OSTF makes recommendations to the Parks and Community Services Commission.  The deal is not done until the project is completed.  He noted that residents and the OSTF will have an opportunity to voice their comments during the planning process.  Mbr. O’Loane stated that the OSTF’s charge on the City’s web site is to look at “contiguous space”.  

Board Chair Clarkson requested a roll call vote.   The motion passed 3-2.  Mbr. O’Loane and Board Chair Clarkson dissented.

(#6.2) Public Hearing: Geologic Hazard Abatement District No. 1990-01 (GHAD) –Adopt Resolution GHAD No. 2012-04 – Approving the Annexation of the Bollinger Canyon Road South Remainder Parcel into the GHAD.

District Engineer Robin Bartlett provided the staff report.  He noted that this item was continued from the January 24, 2012 meeting Resolution GHAD No. 2012-003 to allow for a public hearing. 

Board Chair Clarkson opened the public hearing.  There were no requests to address this item.  Board Chair Clarkson closed the public hearing.  Mbr. Hudson’s motion to adopt Resolution GHAD No. 2012-04 was seconded by Board Vice Chair Livingstone.  Mbr. O’Loane requested clarification regarding the parcel’s ownership.  Mr. Bartlett stated the property was originally owned by Camp Parks and was grant deeded to Windemere BLC. 

Chair Clarkson requested the vote on the Resolution.  The motion passed 5-0.


(#7.1) Geologic Hazard Abatement District No. 1990-01 (GHAD) – Adopt Resolution GHAD No. 2012-05 – Accepting Ownership of a Certain 7.06-Acre Open Space Parcel (APN 223-070-006) East of Bollinger Canyon Road, South of Dougherty Road in the Southern Part of Dougherty Valley from Windemere BLC.

(#7.2) Geologic Hazard Abatement District No. 1990-01 (GHAD) – Adopt Resolution GHAD No. 2012-06 – Accepting Ownership of a Certain Open Space Parcel (Parcel A of Tract 8773 [APN 223-410-081-2]) in Dougherty Valley from Centex Homes.

Board Vice Chair Livingstone’s motion to approve Consent Calendar items 7.1 and 7.2 was seconded by Mbr. O’Loane and passed 5-0.

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At 9:55 p.m., there being no further business, Board Chair Clarkson adjourned the meeting.


Bill Clarkson, Board Chair
Patricia Edwards, District Clerk

Approved at the March 27, 2012 GHAD meeting 3-0-2; O'Loane and Perkins absent.

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