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MINUTES OF THE CITY OF SAN RAMON - COUNCIL MEETING
JANUARY 11, 2000
 

A regular meeting of the City Council of the City of San Ramon was called to order on January 11, 2000 at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino Ramon, Mayor Kinney presiding.
PRESENT: Councilmembers Hudson, Raab, Tatarka, Wilson and Mayor Kinney
ABSENT: None
STAFF PRESENT: City Manager Herb Moniz, City Attorney Bob Saxe, Police Chief Obie Anderson, Community Services Director Jeff Eorio, Transportation Director John Dillon, Public Services Director Jim Estep, Associate Planner Charlie Mullen, Planning Director Phil Wong, Senior Planner Deborah Raines and City Clerk Judy Macfarlane

PLEDGE OF ALLEGIANCE

Cynthia Jones led Council, staff and those present in the audience in a pledge of allegiance to the flag.

* * * *

After calling the meeting to order Mayor Kinney said the Council had met in closed session to confer with the Cityıs Real Property Negotiator regarding terms and conditions of possible acquisition of land (APN: 213-120-04 Parcel B) located within Bishop Ranch - Government Code 54956.8

ANNOUNCEMENTS

Cm. Raab congratulated the Police Chief, who had participated in the National Seniors Long Drive Golf Competition, stating he had come fourth place with a drive of 347 yards. The City Manager said the School District Liaison meeting scheduled for January 14 had been cancelled and would be rescheduled for January 21.

SPECIAL PRESENTATIONS

The Parks and Community Services Director introduced Arlene Dahla and Megan Ward, Office Assistants II.

The Public Services Director introduced Dawn Padelford, Maintenance Technician I.

Mayor Kinney welcomed the new employees and gave them City pins.

The Transportation Director told about the Bay Area Air Quality Management District 1999 "Spare the Air" campaign and listed the San Ramon employers that had participated in the program.

Mayor Kinney presented recognition certificates to those that were present in the audience.

The Transportation Director presented a plaque to Mayor Kinney recognizing the City of San Ramon for its outstanding "Spare the Air" employer program.

CITY COUNCIL APPOINTMENTS

Kathy Stewart, said she had missed the application deadline to apply for the General Plan Review Commission but would like to be considered for the commission.

Victor Petersen, talked about a recent newspaper article in which the Mayor had discussed the quality and quantity of the applicants for the Measure G, General Plan rewrite. He said he felt the applicants were quite diverse. He recommended the Council accept the 24 people that had submitted applications and get started with the process.

Robin Ludlow, said she was also disappointed in the newspaper article and felt the list of applicants was extremely diverse. She recommended accepting all of the applicants.

Cm. Hudson said he felt the disappointment stated in the newspaper article was due to the low number of people that had applied.

The City Attorney confirmed the General Plan that is drafted by the Review Commission would go directly to the voters unchanged.

Cm. Raab made a motion to appoint all 24 applicants to the General Plan Review Commission.

Cm. Tatarka said of the 24 applications, nine were new people. She said she could understand how some people that were interested had missed the deadline because of the holidays.

Cm. Hudson said he did not see a problem with extending the application process to January 24. He asked the Council to consider opening the application period until the next meeting and voting on appointments at the January 25 meeting.

Cm. Raab said as a compromise, he recommended appointing all 24 people who had applied because they had made the effort to get their application in and extending the application process until Monday before the January 25 meeting. He said this was a good diverse group of caring citizens and they should be appointed at that meeting.

Cm. Raab amended his motion to appoint the 24 applicants that night and open the application process for two weeks for another pool of applicants to be considered at the next meeting.

Mayor Kinney clarified his comments that appeared in the newspaper article. He said he did not have a problem with continuing the application process but did not want to vote on the 24 applicants that night.

Cm. Hudson said he agreed with Mayor Kinney. Cm.

Wilson said the General Plan update was so important that he did not feel it should be limited. He said he was also disappointed that there were not more applicants. He said he would concur that the application process should be extended for two more weeks and to not appoint anyone at the present time.

Cm. Hudsonıs motion to open the application process for two weeks ending January 24, the Monday before the next meeting, and to make the decision on who and how many to appoint at the January 25 meeting.

Cm. Wilson seconded the motion and it passed 4-1 (Cm. Raab dissented).

PUBLIC COMMENT

James Levy, said he would like revisit the issue of the four-way stop sign at Pine Valley and Tareyton. He said this intersection had always had a two-way stop until two years ago when it become a four-way stop. He discussed traffic volume at the intersection. He asked the Council to advise staff on how to proceed with the removal of the four-way stop signs.

Mayor Kinney asked the City Manager to look into the issue.

Betsy OıNeill, said she patronized the shops in the Country Faire Shopping Center and was concerned about the shop owners when the shopping center was turned into a residential center. She said the shop keepers had been rezoned out of business and many of them had major debts and the inability to start a new business. She said she felt the City had been very little to help them relocate and get reestablished.

Mayor Kinney said the Country Faire Center would be discussed by the Council later that evening.

Phil Mouser, said the California High School Athletic Boosters were holding a fund raiser at the Community Center on January 22 and he encouraged everyone to buy a ticket.

Cm. Tatarka encouraged all the residents to attend so that it would be a sell-out.

APPROVAL OF MINUTES

Cm. Raabıs motion to approve the minutes of the December 14, 1999 meeting was seconded by Cm. Tatarka and passed 5-0.

CONSENT CALENDAR

Mayor Kinney asked that item 8.3, resolution denying VTM, DP, AR and IS for Legacy Hills at Geldermann Ranch, be continued to the January 25 meeting.

Cm. Hudsonıs motion to approve the following Consent Calendar was seconded by Cm. Raab and passed 5-0.

FINANCE Register of Demands dated December 13, 17 and 31, 1999 in the amount of $1,109,863.09

SENIOR CITIZENS COMMITTEE BYLAWS

Revisions to the Senior Citizens Advisory Committee Bylaws.

CONTRACT QUARTERLY REPORT

City Manager and Designated Directorates Contract Quarterly Report ­ October to December 31, 1999

* * * *

SKATEBOARD REGULATIONS ORDINANCE

The Parks and Community Services Director introduced a public hearing on a proposed skating regulation ordinance. He said the ordinance would 1) provide the ability for the police department to better regulate the use of in-line skates, skateboards and bicycles on private the public property, 2) provide immunity for the City with liability at the skateboard park as long as skaters read and obey the rules that are posted and, 3) require minors to wear helmets when skating on either in-line skates or on a skateboard. He said staff felt this was a progressive ordinance that would not ban skating unless it was posted by the property owner. He also said a property owner could post in one of two ways, 1) an outright ban on skating or, 2) allow skating for transportation purposes. He said there was strong opposition by members of the Skateboard Task Force to the requirement that helmets be worn by minors when skating anywhere in the city. He confirmed that a citation to the ordinance would be an infraction that would be taken to a referee at a municipal court, who would then decide on the penalty.

Mayor Kinney asked if there were a repeat offender could his skateboard be confiscated.

The City Attorney said there was no provision in the ordinance for confiscating skateboards. He said it is spelled out in the ordinance code what can be done in terms of monetary fines for an infraction. He also said the fine for repeat offenders goes up with each offense.

Cm. Raab said an officer does not have to cite an offender, he can give a verbal warning.

The Parks and Community Services Director said it was the intent of the ordinance to post the areas where skating is prohibited or where skating is allowed only for transportation purposes.

Mayor Kinney opened the public hearing.

Pat Boom, member of the Skateboard Task Force, said the one item in the ordinance that was controversial was the requirement that a helmet be worn by minors skating anywhere in the city. She said the ordinance was intended to regulate the use of the skate park and she requested the helmet requirement be taken out of the ordinance. She said an ordinance requiring that helmets be worn whenever a minor is skating should come from the State of California. Ms. Boom read a letter from Gerald Mate, a Skateboard Task Force member, that recommended the helmet requirement be removed from the ordinance.

Cm. Tatarka asked what were the comments from skateboarders regarding the wearing of helmets by minors.

Ms. Boom said high school skaters felt it was not "cool" to wear a helmet around town but they supported wearing helmets in the skate park.

Bob Patrino, Parks and Community Services Commissioner, said he felt a law requiring minors to wear helmets when skating should come from the State. He said he felt this requirement could potentially put a wedge in the fragile bond that adults on the Task Force has developed with the teens. He also said he felt it would be unenforceable or largely ignored by the minors that were skating. He concluded by saying he would support strengthening the ordinance to prevent "grinding" anywhere in the city but the skateboard park.

Paul Mitchell, said the reason he was opposed to the helmet requirement was because it had to do with concept of personal freedom and educating people to choose properly. He said he did not feel the requirement should even be at the state level.

Don Masters, said he was a concerned homeowner and urged the Council to pass the ordinance. He recommended the helmet requirement be applied everywhere in the city just the same as for bicycles.

Robin Ludlow, said she was definitely for the ordinance as it relates to the skateboard park for liability issues but was against the section that requires helmets in the city. She also asked that it be made public well ahead of time what safety accessories are required to skate in the park.

Peter Rathmann, said he was very much in favor of the basic idea of the ordinance but was opposed to the citywide helmet requirement for minors. He said he felt helmets should be a personal choice issue dictated by parents consulting with the child as to what necessary safety equipment is required.

In response to Peter Oswaldıs questions, the Parks and Community Services Director described "grinding". Kalanie Schreiner, San Ramon DARE officer, said he strongly supported the ordinance but agreed with the teens in their opposition to the helmet requirement.

Mayor Kinney asked who would be liable if a skater skated off the end of a city sidewalk and broke his neck.

The City Attorney said that was not why the helmet requirement was added to the ordinance and he did not feel that it should be the controlling issue. He said the requirement was added because a citizen had come to the Council and asked that it be included. He said there would be no city liability under ordinary circumstances.

Cm. Hudson said the speakers had been very clear in expressing their support for the ordinance but against the inclusion of the citywide helmet requirement for minors. He said he agreed with Mr. Mateıs letter that it is the personal responsibility of minors and their parents.

Cm. Raab said a citywide helmet requirement for skaters would be very difficult to enforce. He asked about enforcement of the citywide helmet requirement for bicycle riders.

The Police Chief said the police were not issuing scores and scores of citations for under 18 in age bicycle riders. He said they were not obligated to issue a citation and typically the officer would counsel the offender. He said if it were the third offense a citation would be appropriate.

Cm. Raab agreed the citywide helmet requirement should be deleted. He said he was tired of seeing the damage caused by skateboarders in Central Park and really wanted to see enforcement on public property.

In response to Mayor Kinneyıs questions regarding repeat offenders, the Police Chief said it would almost require that the offense be in the view of the same officer because you would almost need a data base. He said most of the officers who contact the children will learn who the children are and would remember who they had met on prior instances.

Cm. Wilson asked if an officer sees someone breaking the rules and regulations on a skateboard does he have the discretion to confiscate the skateboard.

The Police Chief said he does not in the instance of the helmet issue but if someone is skating where they have not been empowered to skate and it has been posted, a citation may be issued.

Cm. Wilson asked where is the responsibility of the parents and said he was tired of government telling parents what they should do and they should not do. He said he was not in favor of including the helmet requirement.

Cm. Tatarka said she hoped when the skateboard park opened the older skaters would set a good example for the younger skaters in the sense of taking responsibility for their actions and wearing protective gear. She said as far as the requirement to wear a helmet when riding a bicycle, these and other safety issues can be addressed through education rather than a policing effort.

Mayor Kinney said he wanted enforcement in public places and on public streets citywide and not just in selective areas.

Cm. Raabıs motion to adopt the ordinance with the deletion of the citywide helmet requirement and waive the reading was seconded by Cm. Hudson.

The City Attorney said with the change to the ordinance, at this meeting the Council would amend the ordinance, reintroduce it and set the public hearing and adoption for the next meeting.

Cm. Raab restated his motion to amend and reintroduce the ordinance and set the public hearing for January 25, 2000.

Cm. Hudson seconded the amended motion and it passed 5-0.

* * * *

Mayor Kinney declared a recess to allow for the presenters of the next item to set up.

All Councilmembers were present when the meeting reconvened.

* * * *

OLD MILL VILLAGE CONDOMINIUM APPEAL

The Associate Planner said the Planning Commission was recommending the City Council deny the appeal and uphold the resolution approving the Old Mill Village Condominium project. He said the Planning Commission considered the applications at two meetings in October and November and had adopted the resolution approving the project on November 16. He said after the initial review by the Planning Commission the applicant had made modifications reducing the number of units from 140 to 125, the number of studio units from 26 to 6, had added a three bedroom product to eight of the units and a private sport court and turf area on 1/3 of an acre and had reduced the parking area. He said as part of their motion the Planning Commission also recommended that the Park and Recreation fees collected for the site go toward acquiring park land in the Crow Canyon Redevelopment area to serve the residential homes in the vicinity. After approval by the Planning Commission the Deerwood Highlands Homeowners Association sent a letter appealing the project, stating 1) the area was targeted with the majority of medium and high density housing occurring in the city and 2) the residents were not adequately notified that high density project was going to be built in this area, 3) that there are not enough parks and open space for the children in the area . 4) the severity of the slope of the project conflicts with the Save Our Hills Ordinance and 5) the Redevelopment Plan on which the project is predicated is out of date.

Appellant, Jay DeFrance, Vice President Deerwood Highlands Homeowners Association, said while there is high density housing throughout San Ramon there is no where near the concentration as in this small neighborhood. He said this was the last remaining open space in the area and under sized Mill Creek Park was the only local park for all of this high density housing. He said building on the site would compromise the General Plan and talked about violation of the Save Our Hills Ordinance. He said the units looked like extremely tacky apartments and would not increase property values. He recommended cutting the number of buildings in half and changing the exterior design and style of the buildings. He also recommended removing the studio apartments and building only two and three bedroom apartments.

Mr. DeFrance read a letter from the President of the Deerwood Highlands Homeowners Association, which stated he felt the Redevelopment Plan from almost 30 years ago on which the zoning of the parcel of land is based is out dated and out of step with the desire of the citizens of San Ramon and is not consistent with what is good for the future of our city. The letter also stated the Old Mill Village Development was not disclosed to individuals and families who purchased homes in the Deerwood Highlands subdivision and it could have a very detrimental affect on property values and the quality of life. The letter concluded by asking the Council to refuse to approve the Old Mill Development.

In response to Cm. Hudsonıs question regarding the disclosure of high density housing, Mr. DeFrance said most of the high density projects in the area, which include condominiums and townhomes, were not disclosed to the Deerwood Highlands homeowners.

Wilson Wendt, attorney for Virtuoso Development, said this was a high density residential project on a major transportation corridor that was meant to address a very serious jobs/housing imbalance currently in the City. He said this project will provide a significant amount of affordable housing that will help the City reach it housing goals under the housing element. He reviewed the background of the project and said it was fully consistent with the General Plan, the CEP, and the existing zoning and land use regulations.

Dick Loewke, Virtuoso Development, talked about the steps the developer of the project had gone through with the Redevelopment Agency and the Planning Commission. He said the Planning Commission had gone through two sessions of detailed review, it heard from the neighborhood, it heard from the developer and from the City Planning, Parks and Redevelopment Agency staff. He said this is a project that is consistent with all of the rules established by the City.

Steve Arntz, expressed concerns regarding density, disclosure and dollars.

Jim Blickenstaff,  talked about reasons why he felt the project did not comply with Ordinance No. 197. He said he would like to see a conversion of land for parks that solves the needs and requirements as a component of the project.

Mayor Kinney said a speaker card had been received from Gerald Cambru, which stated he was against the project because the density was too high and more park and open space was needed.

Bob Ingalls, said while he agreed with the need for affordable and moderate priced housing, he wondered how the 25% requirement was going to be met when the City keeps accepting projects with a component of only 15% affordable housing. He also said this project does not meet the requirement for adequate park space with-in one-half mile.

Charlotte van Warmerdam, expressed concern that her view would be jeopardized if this project was approved. She also felt it would be a direct economic impact on her property and her neighbors.

Melanie Prole, said a high density project would not fit in with the retail and office buildings in that area.

Mr. DeFrance said this was a question of money versus people. He said these are high density apartments and the project will not make San Ramon a better place to live, for the residents in the area it will be a worse place to live.

Mr. Loewke said the issues raised by Mr. Blickenstaff regarding conformity to Ordinance No. 197 were covered in the mitigated negative declaration. He also said there was not a shred of evidence in the record that there are any impacts of the project that are adverse and are not mitigated. He said this was a project that was consistent with all of the Cityıs applicable plans and he urged the Council to approve the project.

Mayor Kinney declared a five minute break.

All Councilmembers were present when the meeting reconvened.

Cm. Hudson said the statement that that area was being targeted for the majority of the medium and high density development that is occurring in the City was not accurate. He stated reasons why he felt the property values in the area would not be negatively affected and said he would suggest approval of the project as presented.

Cm. Raab said he felt that at least half of the project would be rental units. He said he would like to see the project reduced to 62 or 63 units of a larger size. He also said he was concerned with some of the construction going on close to the creek. He said he would vote to uphold the appeal and recommended the project come back as a less dense, higher quality project that would enhance the quality of life in San Ramon.

Cm. Tatarka said it was very hard to imagine 125 units on the site and agreed that the project looked like an apartment complex and not condominiums. She said this project was not going to settle the Cityıs jobs/housing balance and the issue should be looked at citywide. She said she would vote to uphold the appeal and recommended the developer go back to the drawing board and create more units for families and eliminate the studio units.

Cm. Wilson said the development was definitely not luxury condominiums and he was concerned about the studio units. He said he felt the developer had met all of the requirements mandated by the City for this project.

Cm. Hudson said no matter what the outcome of the appeal was, the park issue for that area had to be addressed.

Mayor Kinney said this is a redevelopment area, the project was always intended to be high density and the City needs affordable units. He said there are a lot of single people in San Ramon that would love to have a one-bedroom apartment at a reasonable price.

Cm. Raab made a motion to uphold the appeal and said if it goes through he would like the project to come back with about half of the units.

Cm. Tatarka seconded the motion.

The vote on the motion was 2-3 (Cms. Hudson, Wilson and Mayor Kinney dissenting).

Cm. Hudsonıs motion to deny the appeal was seconded by Mayor Kinney.

Cm. Wilson asked if the appeal was denied, how would the conditions of approval be stipulated.

The Planning Director said the Council could add to or modify the conditions as they wish.

Cm. Hudson confirmed the project could go back to the Architectural Review Board with Councilıs final recommendations.

The motion to deny the appeal passed 3-2 (Cms. Raab and Tatarka dissenting).

The City Attorney said, as is customary, a resolution of findings would appear on the next Council agenda for approval.

Mayor Kinney declared a short recess.

All Councilmembers were present when the meeting reconvened.

* * * *

CITY COMMISSION COMPENSATION

The City Clerk said at the October 12, 1999 meeting, Cm. Hudson had asked the Council to consider the idea of compensating the Cityıs Parks and Planning Commissioners. She said after Council discussion staff was directed to survey Alameda and Contra Costa County cities. She said a survey of the two counties was done and a notice was placed in a statewide City Clerksı publication asking for a response from all of the cites as to whether or not they compensated their commissioners. She said the surveys contained a response from 70 cities and recommended the Council review the surveys and give direction to staff.

Cm. Raab asked what would be the staff time or cost to process the paperwork to facilitate compensation for the commissioners. He said he had one Planning Commissioner tell him he was serving on the commission strictly as a volunteer and would like to continue that way.

Cm. Hudson said because of the amount of work that the commissioners put in and the fact that many of the other cities were compensating their commissioners, he felt San Ramon should also compensate its commissioners. He recommended compensating the Parks and Planning Commissioners $50 a meeting with a maximum of $100 per month, including the student member on the Parks Commission.

In response to Mayor Kinneyıs question regarding payment of the student member on the Parks Commission, the City Attorney responded yes, payment would be appropriate for the student member.

Cm. Raab said 10 of the 20 cities in the area had no compensation and nine were at $50 or less per meeting. He said he would recommend keeping service on the Parks and Planning Commissions as volunteer at this time.

Cm. Tatarka said she saw service on the commissions as a community service and felt it should remain as a volunteer position.

Mayor Kinney said he felt the commissioners should be paid and he would have no problem with $50 a meeting.

Cm. Wilson said while $50 a meeting would in no way fully compensate service on a commission, it would be a nice gesture of appreciation for all of the time spent.

Cm. Raab said the City does reward its commissioners by giving them an opportunity to travel to and participate in statewide meetings.

Cm. Hudsonıs motion to direct staff to bring back paperwork required to implement a $50 per meeting with a maximum of $100 per month payment for the Cityıs Parks and Community Services and Planning Commissions effective January 1, 2000 was seconded by Cm. Wilson and passed 3-2 (Cms. Raab and Tatarka dissenting).

* * * *

BI-ANNUAL SALARY SURVEY

The Administrative Services Director said the Pay for Performance Compensation Plan adopted by the Council in 1996 stipulated that revisions to the salary ranges in the plan would be considered by the City Council on a bi-annual basis based upon public and private market sector comparisons. He said a salary survey conducted in late 1997 indicated the Cityıs compensation plan at that time was consistent with the market and consistent with the Councilıs policy and no adjustments were recommended or adopted. He said in July 1999 Koff and Associates, a local San Ramon consulting firm, was hired to conduct the current bi-annual salary survey. He said adjustments to the compensation plan as a result of the survey would become effective the first full pay period in January 2000.

Ms. Koff highlighted the process used in the survey and some of their observations. She said they felt their recommendations were consistent with the Cityıs compensation philosophy.

Mayor Kinney asked how jobs with the same title at different size agencies were compared.

Ms. Koff said in both the public and private sectors they did not go specifically on title. She said regardless of the title they made sure they knew what the job was.

The Administrative Services Director said in any survey of this type there will be varying positions and that is why the regression analysis is used. He said most jurisdictions deal just with skill sets or maybe with education requirements and when the Cityıs current plan was adopted it was his understanding that the philosophy that those may not be the best measures and that decision making may be the best measure of comparable worth.

The City Manager said the system was thought of as a giant team with skill sets as one thing and the value to the organization another. He said the decision making process of each department was thought of as equally important and that was why they were banded together. He said the Finance Committee recommended that the current philosophy be analyzed and reviewed for possible change in the future.

Cm. Hudsonıs motion to adopt the resolution implementing adjustments to the compensation plan was seconded by Cm. Raab and passed 5-0.

RESOLUTION NO. 2000-01

IMPLEMENTING MARKET ADJUSTMENTS TO THE CITYıS "PAY FOR PERFORMANCE COMPENSATION PLAN"

* * * *

GENERAL PLAN WORK PROGRAM

The Senior Planner introduced a conceptual work program for the preparation of a new General Plan pursuant to Measure G, which was passed by San Ramon voters in the November election. She said the work program was actually the purview of the General Plan Review Commission, once the members were ultimately appointed by the City Council. She said because the plan should be sent to consulting firms immediately, staff wanted the Council as well as the public to have an opportunity to review it. She said the work program calls for the preparation of a new General Plan, economic and fiscal analysis of three plan alternatives and an environmental impact report as well as an extensive public participation program. She said all of this must be done within two years of the effective date of Measure G which is December 3, 2001.

It was the consensus of Council to direct staff to go forward with the proposed work program.

* * * *

MAYORSı CONFERENCE

Mayor Kinney said at the January 6 Mayorsı Conference a representative and alternative were selected to represent the Conference on CCTA.

Mayor Kinney said the Town of Danville and City of San Ramon alternate a shared position on CCTA and as of next month it was San Ramonıs turn to fill this position. He suggested this issue be on the January 25 Council agenda for discussion and appointment.

Cm. Hudson said also at the Mayorsı Conference Bev Lane had given a slide show presentation on the accomplishments of the East Bay Regional Park District and its plans for the future.

* * * *

PARKS COMMISSION INTERVIEW DATE

It was the consensus of Council to schedule the interviews for the Parks and Community Services Commission position on January 18 from 6:00 p.m. to 8:00 p.m.

* * * *

ALTA MESA PARK DEVELOPMENT

Mayor Kinney said a park was being designed with the allocation of money before an engineering report was ISSUES considered. He said he did not want the Parks Commission designing a park before knowing the engineering status of the hillside and soils.

The City Manager said a message to the Parks and Community Services Commission would state the Council was quite concerned about the engineering report and the Commission should take serious consideration as to the recommendations in the report and that they should consider the passive nature of the park and whether or not we should do anything at all.

* * * *

EBMUD/SOUTHERN LOOK PIPELINE ISSUES

Mayor Kinney talked about an issue regarding the Town of Danville and the City of San Ramon and the placement of an EBMUD water tank. He said the tank would service 5% of San Ramon, 55% of Blackhawk and 45% of Danville and as far as he was concerned, consideration of placement of the tank in San Ramon was unacceptable. He also talked about his concerns regarding Southern Loop Pipeline issues. He said he thought the Council needed to rethink the whole pipeline issue.

The City Manager said that he had attended the Planning Committee meeting of the EBMUD Board of Directors that day where they had discussed planning issues in the Danville/Blackhawk Scenic Pressure Zone. He said a tour of the proposed tank sites would be scheduled. He said he and the City Engineer would be meeting with EBMUD on January 24 to discuss the Southern Loop Pipeline and at that time EBMUD would be invited to attend a City Council meeting and give a presentation and explanation on what they have planned.

* * * *

TRUANCY IN SAN RAMON

Cm. Wilson said he had noticed a number of students "hanging out" during the day in San Ramon and not in school. He said he would like the Police Chief to give a report to Council at the next meeting on truancy laws in San Ramon.

The City Manager said there would be a report to Council within the next month regarding school schedules in San Ramon, a report from the School District administration regarding truancy and a report from the individual school principals on any issues that may exist.

* * * *

SWAT

Cm. Hudson said the major issue at the recent SWAT meeting was the discussion of the son of Measure C which was coming down the pike and our area was in-line, if all this passes, to come into approximately $1.3 billion. He said this is for money, if it passes, for the years 2010 through 2029. He said the Transportation Director had the job of coming up with uses by February of what we would spend this money for. He recommended if anyone has any ideas regarding the use of this bond money they should talk to the Transportation Director before February.

* * * *

COUNTRY FAIRE SHOPPING CENTER DEVELOPMENT STATUS

Cm. Raab said he had received many questions from both residents and business owners within the Country Faire area regarding the status of the shopping center. He said he would like to have a definite answer as to the status of the center so the public could be informed. He said he would also like to have the economic development staff look into any type of loan or relocation program that maybe other cities have done when shopping centers have closed.

Cm. Tatarka said it has been brought to her attention that a couple of the business owners in the shopping center are women and when the shopping center goes they are going to lose not only their business but also their retirement. She said anything the City can do to help these businesses is really important.

Cm. Hudson recommended meeting with the affected business owners to determine what their needs are and if the City can help them, but said he didnıt want this to set precedence.

It was the consensus of Council to schedule a meeting with the affected businesses to determine their needs. It was also consensus that a determination would also be made as to the legal issues involved.

* * * *

After Cm. Raab said he would like to have a quick closed session regarding a property negotiation matter he made a motion under Government Code 54954.2(b)(2) that this issue came up after the posting of the agenda and should be considered in closed session that night.

Cm. Hudson seconded the motion and it passed 5-0.

* * * *

The Transportation Director said he would like to bring to the attention of the Council and the public the fact that Contra Costa County had closed Dougherty Road south of Bollinger Canyon because of safety concerns regarding the old bridge in that area. He said as soon as he has an update on how long it will take to complete repairs he will let them know.

* * * *

There being no further business to come before the City, at 12:20 a.m. the Council convened to closed session to confer with the Cityıs Real Property Negotiator ­ Government Code 54956.8 ­ regarding the terms and conditions of possible acquisition of land ­ the Woodlot.

Curt Kinney, Mayor
Judy Macfarlane, City Clerk


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