A regular meeting of the City Council of the City of San Ramon was called to order on March 28, 2000 at 7:30 p.m. at the San Ramon Community Center, 12501 Alcosta Boulevard, 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, Parks and Community Services Director Jeff Eorio, Transportation Director John Dillon, Public Services Director Jim Estep, Planning Director Phil Wong, City Engineer Joye Fukuda and City Clerk Judy Macfarlane

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

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SPECIAL PRESENTATIONS

The Parks and Community Services Director introduced Mark Valdick, a new Recreation Technician.

Mayor Kinney welcomed Mr. Valdick and gave him a City pin.

Bob Patrino, Parks and Community Services Commission Chairperson, presented California Parks and Recreation Awards for the Senior Scholar Program and the Black and White Party Poster to Mayor Kinney.

Mayor Kinney introduced Betty Detweiler and said she had been very instrumental in the
Senior Scholar Program.

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CITY COUNCIL APPOINTMENTS

The City Clerk said there was one application to serve as a San Ramon representative on the Cable Television (CTV) Board.

Cm. Hudson’s motion to appoint Lois Kamoroff to the CTV Board was seconded by Cm. Raab and passed 5-0.

By Council ballot, S. Mark Mercer and Joe McHale were selected to fill the vacancies on the Architectural Review Board.

Cm. Raab’s motion to appoint Mr. Mercer and Mr. McHale was seconded by Cm. Tatarka and passed 5-0.

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Donna Kerger, Chair of the General Plan Review Commission, gave an update on Commission sub committee meetings and encouraged the public to attend.

Cm. Raab’s motion to approve the minutes of the March 14, 2000 meeting was seconded by Cm. Tatarka and passed 4-0-1 (Mayor Kinney abstained – he was not present at the March 14 meeting).

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Cm. Hudson said on item 8.11, Report on ABAG Regional Housing Needs, he would like to direct staff, on the concurrence of Council, to send the letter to ABAG and to agendize the issue for the next DVOC meeting.

Cm. Wilson said he would like item 8.8, Resolution denying the appeal regarding the
Canine Facility on Del Mar Avenue, to be removed from the Consent Calendar and continued for discussion at the next meeting.

Cm. Raab asked why Cm. Wilson would like the item continued and suggested voting on it that night.

Cm. Wilson said there were mitigating circumstances as far as the interaction with the appellant, that he felt had not been carried out.

It was the consensus of Council to discuss the item that night as the second item under Unfinished Business.

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

FINANCE Register of Demands dated March 10, 17, and 24, 2000 in the amount of $315,545.69

RESOLUTION NO. 2000-36

SUPPORTING THE ANNEXATION OF THE HENRY RANCH PROJECT TO THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT (LYON HOMES/HENRY RANCH)

RESOLUTION NO. 2000-47

AUTHORIZING THE MAYOR TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. 002-M TO ADMINISTERING AGENCY – STATE AGREEMENT NO. 04-5437 WITH THE STATE OF CALIFORNIA FOR PRELIMINARY ENGINEERING, CONSTRUCTION AND CONSTRUCTION ENGINEERING FOR THE SAN RAMON VALLEY BOULEVARD OVERLAY – FOSTORIA TO NORTH CITY LIMIT PROJECT (CIP 7137) IN THE AMOUNT OF $445,000

RESOLUTION NO. 2000-48

AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH GROVER LANDSCAPE SERVICES, INC. FOR ADDITIONAL MOWING SERVICES FOR THE CANYON LAKES ASSESSMENT ZONE IN AN ANNUAL AMOUNT NOT TO EXCEED $16,800

RESOLUTION NO. 2000-49

RELEASING THE ONE-YEAR WARRANTY SECURITY FOR PUBLIC IMPROVEMENTS IN SUBDIVISION 7883 (PONDEROSA HOMES/PONDEROSA VILLAGE, PHASE II)

RESOLUTION NO. 2000-50

RELEASING THE ONE-YEAR WARRANTY SECURITY FOR PUBLIC IMPROVEMENTS IN SUBDIVISION 7884 (PONDEROSA HOMES/PONDEROSA VILLAGE, PHASE II). 

RESOLUTION NO. 2000-51

AUTHORIZING THE MAYOR TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. 001-M TO ADMINISTERING AGENCY-STATE AGREEMENT NO. 04-5437 WITH THE STATE OF CALIFORNIA FOR PRELIMINARY ENGINEERING, CONSTRUCTION AND CONSTRUCTION ENGINEERING FOR THE CROW CANYON ROAD-BOLLINGER TO COUNTY LINE OVER PROJECT (CIP 7136) IN THE AMOUNT OF $485,000

RESOLUTION NO. 2000-53 

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BAY CITIES PAVING & GRADING, INC. FOR CONSTRUCTION OF THE FY 1999/2000 PAVEMENT MANAGEMENT PROJECT (CIP 8147) IN THE AMOUNT OF $1,503,821.85

TRAFFIC SIGNAL PROJECT 

Acceptance of work by Golden Pacific Construction, Inc. for the Bollinger Talavera Traffic Signal Modification Project (CIP 8178) as complete and authorize the City Clerk to file a Notice of Completion

REGIONAL HOUSING NEEDS

 Report on ABAB Regional Housing Needs Determination Numbers and direction to staff to forward letter to ABAG regarding issue and place it  on the next DVOC agenda.

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DOUGHERTY VALLEY TUNNEL TRUNK SEWER PROJECT 

The City Engineer said the Central Contra Costa Sanitary District had proposed the construction of a tunnel and trunk sewer project  to serve the Dougherty Valley to run through a portion of San Ramon. The project would start at the southern end of Dougherty Valley and proceed west toward Alcosta Boulevard and the trunk sewer portion of the project would be installed within Estero and Mangos Drive to the Larwin Pump Station. She said the Central Contra Costa Sanitary District staff was present at the February 22 Council meeting where there were many questions raised by residents and the City Council. She said the questions were forwarded to Central San in the form of a letter and they responded with a number of documents that had been distributed to the Council.

Paul Morsen, Acting General Manager for Central San, said the District was making the presentation at the request of the City Council and he hoped the documents given the Council would answer the questions of the residents and Council. He said the District was not driving the project but were simply one of the people who were designated to provide the sewer service. He gave an overview on the chronology of the project.

Curt Swanson, trunk sewer project engineer, reviewed the alignment alternatives considered by Central San, emphasized the PG&E alignment and told how they arrived at the Estero proposal. He said the issues considered were flow performance, utility clearance, right-of-way issues, ways to limit impacts on local neighborhoods, access to sewer lines for maintenance and minimizing the cost to the customers. He reviewed the following alternatives, 1) Bollinger Canyon, 2) Fallen Leaf Pump Station, 3) Bollinger Tunnel, 4) Dougherty Valley/Larwin Pump Station, 5) Old Ranch Road Pump Station, and 6) the Larwin Pump Station, the proposed alternative. He described the proposed alternative as a gravity tunnel from the Dougherty Valley through the Dougherty Hills through a trunk sewer to the Larwin Pump Station and said the Larwin Pump Station would be upgraded in phases to match development growth. He said it was selected because it had the shortest length of sewer through an established neighborhood, it maximized the use of gravity sewers eliminating the need for another pump station and had the lowest operating and maintenance cost. He reviewed the characteristics of the PG&E alternative, the alternative requested by City staff and summarized why this alternative had been rejected by Central San. He described the two viable route alternatives, one along Ensenada and the other along Estero Drive, and said they both had excellent characteristics in terms of performance criteria, flow and velocity, moving the sewage, lower maintenance requirements, fewer construction impacts and property rights.

Ann Farrell, Director of Engineering, described Central San’s process for noticing and talked about meetings with residents. She addressed the residents’ concerns regarding the project including duration of project, hours of work, traffic, parking, access to homes, safety and security, housekeeping of construction site, noise, dust and odors, vibrations, size of pumping station and street restoration. She described Central San mitigation measures including four staff on site at all times, a full time community liaison and a fining program in order to enforce the mitigation measures.

Mr. Morsen said the City of San Ramon had been involved in the planning process for this project for the past 10 years. He said he hoped the District had made a case that their selected route had the least impacts. He said Central San would work diligently with the residents and City staff to mitigate the project. He said the PG&E route would not work. He said they not only believe the District had the authority but that they were compelled to pursue the selected routes listed in the EIR. He asked the Council to make a decision one way or another and said he hoped the Council would grant an encroachment permit for the Estero/Mangos alignment.

Cm. Raab asked if there were any current Central San Board members that were residents of San Ramon.

Mr. Moreson said to his knowledge there were none.

Mayor Kinney asked what was the EIR selected route and in what year?

Mr. Morsen replied the selected EIR routes in 1996 were the Estero and Ensenada alignments.

Cm. Hudson asked what criteria was used to recommend Estero Drive as the superior route.

Mr. Morsen replied all of the criteria but particularly because that route went through fewer houses and impacted the neighborhoods the least.

Cm. Hudson said the report states if for some reason the District Board can not or does not approve this route the District will proceed with the already approved Ensenada Drive route. He continued to say he was at the last Board meeting and that was not what was said. He said the Board made it clear the route would be the Estero alignment.

Mr. Morsen said they were willing to go Ensenada if that was what San Ramon wanted and the reason Estero was selected was because City staff had problems with Central San going up Alcosta.

Cm. Hudson said the report states that the inceptors, two phases of which have been completed, run beneath the former Southern Pacific right-of-way from St. James Court in Danville and asked if that was a pumping station.

Mr. Morsen replied it was not a pumping station, it was the name of a street that the pipe goes under.

Cm. Hudson said the report also states that the third and final phase to be constructed would run from the Larwin Pump station north to St. James Court. He confirmed the last time this project had been worked on was 10 years ago and nothing had been done on phase three since the work was stopped at Fostoria. He also confirmed Danville had signed off on the Dougherty Valley agreement. He quoted the report to say the existing waste water collection system had substantial approved development in and around Dougherty Valley and asked if he was correct in assuming that the waste water was to be not only Dougherty Valley but there would be other developments that would be using this line and coming over the hill.

Mr. Morsen replied no, that was not correct.

Jared Iyamoto-Mills, Central San Engineer, said in addition to the Dougherty Valley development, development in the Lawrence Road area and Wente Ranch areas along Camino Tassajara which flow by gravity into the Dougherty Valley would also be served by the tunnel and trunk sewer.

Cm. Hudson said the report says "all residents, including affected San Ramon homeowners had the opportunity to be included in Contra Costa’s EIR process for 1992 and 1996". He said that meant these people would have to have notification from the county and the meetings were held in Martinez.

Mr. Morsen said he did not know where the county held their discussions nor where they posted their notice.

Mayor Kinney said it was very important to know if the San Ramon residents were notified for the 1992 and 1996 EIRs.

Mr. Morsen said the district was not a part of the EIR since they were not a part of the county and they had been notified when they were selected.

Mayor Kinney asked when Central San was selected?

Mr. Morsen said they were selected in 1994.

Cm. Hudson noted that the City had sent a letter to Central San in 1997 requesting that the PG&E property be used for the trunk sewer.

Mr. Morsen replied they were aware of the letter and that was why PG&E had been re-evaluated.

Cm. Wilson asked if Central San was active in the EIR process in 1992.

Mr. Morsen said Central San had no part of the EIR.

Cm. Hudson said the report says " after the re-examination of the PG&E route the District again determined that the PG&E route was not a technically sound alternative and concluded that the most technically sound, environmentally acceptable and cost effective alternative was the Estero route". He said somehow we have lost neighborhood impacts, easement availability and institutional constraints and he felt Central San would have a hard time convincing residents that the Estero route was environmentally acceptable. He said the Bollinger alternative made no mention of completing the third phase to the Larwin station. He also said there was no alternative from Dougherty Valley through the PG&E easement to the maintenance road that was just east of the creek. He said the two alternatives that were in the report show that there be a right turn on Del Mar with a little jag around Mangos and instead of affecting 51 people, only 33 would be affected. He said he was trying to understand why no one ever looked at an alternative that would have gone straight past Del Mar to the maintenance road just east of the creek and then up to the Larwin pump station or bring the pump station down there.

Curt Swanson said the City staff brought that up as an alternative. He said Central
San had looked at that and felt that it was not feasible from their point of view because of a large diameter storm drain that exits out there and goes into the creek near the pump station and that would give enough grade to be able get the pipe into the pump station. He said a major concern was adequate space to be able to construct the line and they would have had to take out the back yards of all of the houses along there to get to the pump station.

Cm. Hudson asked if Central San was aware that the owners on Del Mar own the whole creek and they were required to have a minimum of 15 feet back there.

Mr. Swanson confirmed that Central San needed more than 15 feet to consider this as an alternative. He also said in addition they would need to obtain easements from the homeowners for the sewer line.

Cm. Hudson said that was an easement right now.

Mayor Kinney asked how wide does it need to be?

Mr. Swanson said they need 30 feet to construct the sewer line.

Mayor Kinney said Estero is 36 feet wide and asked if 30 feet would be needed for the sewer line.

Mr. Swanson said the 30 feet is for a future easement across PG&E which would allow them to get equipment in to be able to reconstruct or make repairs. He said to construct the line a bare minimum of 20 feet would be needed and that would mean a very slow construction.

Cm. Hudson said if it is not wide enough between the PG&E easement to the Larwin pump station, how can it be wide enough all the rest of the way to Imhoff because it goes down the Iron Horse Trail.

Mr. Swanson said no it was in the Southern Pacific right-of-way. He said they cross underneath the creek to the Southern Pacific Iron Horse Trail and from there down to Monument Boulevard in Concord.

Cm. Hudson said he wanted Mr. Swanson to make sure they were on the Iron Horse Trail land and not the residents’ land because they also own the other side of the creek. He said he also wanted him to note that there was no alternative north out of Dougherty Valley to St. James down to Tassajara. He said he still had questions as to why Del Mar and Mangos were being proposed with the maintenance issues.

Cm. Hudson quoted the report as saying "blockage and maintenance related problems were more common in small older sewers than in larger newer ones" and he was concerned that there was the line leaving the Larwin pump station that is 30 years old and no plan to do phase three mentioned at all even after a 24 inch line is brought in with the new line. He said the new line needs 16 million gallons a day and they have a 4.8 capacity which is only adequate until 2005 and with the additional development in and around Dougherty Valley he wanted to make sure the 16 million gallons takes into consideration not only Dougherty Valley but also the additional developments.

Cm. Hudson said he wanted clarification on the size of the pipe that was proposed for Estero.

Mr. Morsen confirmed that was a 24 inch line and there were no 36 inch lines on the City streets.

Cm. Hudson said in a letter from Brown and Caldwell addressed to Central San on August 24, 1998 stated "based on our discussions of August 12, 1998 we are aware that the Estero Drive alignment is acceptable to the District". He asked why would you tell somebody that is going to do a report what is acceptable two weeks before they do the report. He said that was disconcerting.

Cm. Hudson said in a letter to Detlef Curtis, an engineer for the City, it said the District is planning to construct a 24 inch diameter sewer and a 60 inch diameter. He said he wanted to be clear that the letter was not talking about wastewater coming out of Dougherty Valley pumping into the creek.

Mr. Morsen replied no, the tunnel would be 60 inches in diameter with the 24 inch pipe inside it, so there would be room to get inside and service the pipe.

Cm. Hudson confirmed he would like to have his questions answered in a letter. He questioned some of the elevations in Central San’s report and said he did not see how they could be right. He said no one ever considered tunneling through Dougherty Valley to Tassajara and there were places in the report that said that Danville will be connecting to the sewer line and Danville should have been at least considered as a possible route going straight to St. James instead of going backwards. He said he would like the question answered why this was not one of the alternatives considered.

Mayor Kinney said he had read or heard that the CEQA on Estero Drive was iffy. He asked if Central San had had input in the 1996 EIR.

Mr. Morsen said the District was contacted with regard to providing sewer service but they did not produce the EIR. In answer to Mayor Kinney’s question, Mr. Morsen said the District staff had responded to the EIR and he would make sure the City received a copy of the District’s responses.

John DiNocco,said he did not support any of the plans or alternatives that would provide for the expansion of the Larwin facility. He said this was a project with three phases that would take 14 years. He expressed concern regarding the quality of life for his family, friends and neighbors.

David Meston, said there was already a traffic and speed problem on Mangos Drive and the proposed construction would only make it worse.

Nate Patterson, said when he first noticed the development in the Dougherty Valley he wondered what was going to happen to the sewage for all of the homes. He recommended the Council not consider the two "viable" alternatives but consider the other alternatives, which will send it north via the two pumping plants and then connect it to the main trunk line up north.

Steven Jones, said this was the biggest sham he had ever seen. He expressed concern about the lack of response from public officials in the county. He said the additional cost to the homeowners in the Dougherty Valley should not be a factor. He asked the Council to apply every resource in the City to stop the sewer line.

Izrail Tsoyrif, said he felt the proposed mitigation measures would not mitigate the most important problem, the problems to the children at the high school. He said if anything happened to the pumping station that is next to the school it would be disastrous. He recommended hiring independent consultants to ensure the chosen route was the safest for our children.

Steve Unger, said his home was in front of the open trench section of the construction. He asked about emergency vehicle access. He also asked what quality of life his little daughter would have during the construction period.

Marcy Unger, talked about the lack of proper noticing and her frustration with a Central San Board member. She said because they were not in the Central San District and did not vote for its board, this was a form of taxation without representation.

Cynthia Jones, Dublin San Ramon Services District Director, said she empathized both with ratepayers and Central San. She said if parties were willing she will direct her staff to facilitate with the City of San Ramon and Central San to come up with common interests that would good for everyone.

Joan Ernst, said the sewage extension of the Larwin pump would do nothing for the residents of Ensenada and Estero Drive, Del Mar or any of the streets in that area.

Jerry Cambra, talked about sections of the General Plan that addressed the concerns of growth. He said while Central San was not driving the plan they were driving the route. He proposed that rather than approaching this in a specific fashion of working against the City that Central San join hands with the City to pursue one of the other alternatives. He said he did not feel this route had been proven to be either necessary or appropriate.

Bert York, said if time is of the essence as stated so often by Central San, he felt the City should do everything in its power to slow the process and make them wait until it is done right.

Christa Freihofner, said she and her neighbors were very disappointed by the way they had been treated by the Central San Board. She said after all of the construction and disruption are complete could anyone tell her how she and her neighbors would benefit from the project. She urged Central San to hold off on the lawsuit and to sit down with San Ramon, the county and DSRSD to discuss the project one more time.

Donna Dickey, said a motion was passed by the Central San Board in January that stated that the sewer line was planned or located in a manner that will be most compatible with the greatest public good and the least private injury. She said that intent was hardly met with the chosen Estero Route. She said if the contractor was financially responsible for the project and Central San was supervising it due to its complexity why was the emphasis on the cost factor rather than the greater good of the community. She continued to say any increase in initial cost could easily be divided between the 11,000 homes. She said there were three schools that would be directly impacted by the construction. She recommended the Central San Board continue to consider the alternatives.

Rosalind Rogoff, said she felt any solution that involved the Larwin pumping station was the wrong solution. She said isn’t it better to create new pumping stations that handle a more manageable load than try to take an existing pumping station that is designed for a smaller load and try to force a huge amount of sewage through it.

Jan Soderstrom, said she and her neighbors had made it very clear at the February 22 meeting that the chosen Estero alternative was not acceptable. She said when Central San was describing the reasons for rejecting all of the other routes it was all due to cost. She said money should be no object and the costs should be covered by the developers. She said the deciding factor should be what is in the best interests of the existing communities.

Trish Johnston, expressed concern regarding the size of the facility required to handle the increased flow, location of pumping station, the effect on property values and traffic. She asked the Council to deny the project as it is now proposed until there can be an evaluation of other projects.

Cheri Ng, said it was always her understanding that when Dougherty Valley was built that it would provide its own services and that it should not impact the area that was already developed.

Gerry Ng, said he felt the engineers had not done their homework and they needed to go back to the drawing board and come up with something that was right for the people.

Nancy Bryant, said the residents would not sit back while a new development was built with all of the amenities that make it appealing to new home buyers and the existing residents literally get their crap. She said her neighborhood would get the increased smell and the increased risk involved with the increase in the capacity of the pumping station. She also said legal or not legal this project was wrong.

She urged the Council to not grant the encroachment for the project.

Sandy Zarclay, said the school children would be at risk with the proposed project. She questioned the noticing procedures.

Jim Nicolo, said he would like to see the environmental impacts of the proposed alternative.

Jim Duke, said he felt the reported impacts caused by the project were very selective and he found that reprehensible.

Mayor Kinney read a speaker card from Harvey Riggs, that stated "require CCCSD to reimburse each resident for inconvenience of construction and since the construction will likely violate the noise element of the General Plan in this residential area, have these payments to residents serve as CCCSD noise mitigation. They can recover costs from sewer hookup fees".

Mark Milano, said there was not anything the residents could do about the proposed project but the Council could do something. He expressed concerns for the schools and asked the Council to reject the Central San proposal to tear up the neighborhood.

Tim Attoe, said Central San had not been a good neighbor and he felt this would not change after the project was approved.

Julie Pelley, said she was tired of south San Ramon being dumped on. She said the people in Dougherty Valley could afford to build a new pumping station.

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Mayor Kinney declared a five minute break.

All members were present when the meeting reconvened.

* * * *

Ron Morse, said he and his wife were very opposed to the massive sewer line proposed for his neighborhood. He discussed environmental issues and said open spaces were necessary for the healthy existence of both humans and nature. He reviewed a list of wildlife that would be affected by the sewer line project. He said there was no difference between boring a tunnel through the hillside and a mining project and asked why the Council would let that happen to our City.

Cornelius Steward, said the public’s interest should be the number one priority for the Council. He said the residents had been kept in the dark regarding this project. He said he was really upset that a public utility would feel they could push this kind of raw sewage through an established neighborhood. He strongly recommended that CCCSD give the sewer project back to the builders, let them do what they were supposed to do, and let them come back with a project that is acceptable to the residents.

Mr. Morsen, CCCSD, said they would respond in writing to Cm. Hudson’s questions. He said CCCSD would be delighted to accept Cynthia Jones offer to have DSRSD work with the City and CCCSD to work something out that is more acceptable to the Council and residents of San Ramon.

Cm. Hudson confirmed the pipe line currently goes down the Iron Horse Trail. He also confirmed the District needed 30 feet to construct the pipeline. He said he would hope that DSRSD and the District would schedule a meeting within the next week.

Mr. Morsen confirmed the proposed project would have a higher cost for the developer because the tunnel, the trunk sewer and the capital costs will be entirely born by them.

Cm. Hudson said the issue the residents wanted to make was they would get none of the lower costs and all of the impacts.

Cm. Raab said it was mentioned that areas outside of San Ramon would be using the sewer line and he would like to have that question fully answered. He said he was really worried about this project being growth inducing.

Mr. Morsen said this question would be answered in the written response.

Mayor Kinney asked how wide is Estero Drive.

The Transportation Director replied Estero Drive was 36 feet wide curb to curb.

Mayor Kinney said the Council had to make sure emergency vehicles were going to be able to move on Estero.

Mr. Morsen said the providers of emergency services would be contacted and arrangements would be made to let them know the route to take given the work that was being done that day.

Speaker cards against the sewer line project were also received from Jim Pringle, Jacque Foster, Elizabeth Nicolo, Linda Morse, Valerie Gouveia, Gil Gouveia, Thomas Griffin, Steve Jung, John Bush, Reid Combs, Steven Foster, Racheal Rose, Michelle Becker, John Becker, Kim Borrero, Shendan Dickey, Diane Whiteside, Sally Bandwick, Dick Seavey , Georgann Seavey , Andy Pederson Mark Conlon, Lynne Bassell, Mark and Vicki Tandowsky, Dorothy Burdge, Eva and Ramon Carreno, D. Scott Dreyer, Melanie and Brian Walker, Thad Coming, Jose Barron, William Deuel, Anne Louis, Charles and Beth Rivoire, Yoon and Myong Park, Elena Tsoyrif , Susan Walter, Sheila Westphal, Gordon Toy, Mike Russell, Kaz and Lionel Tom, Kathy Gage, Ruth Verhasselt, Karen and Harold Baker, Martin Garst, Rich and Vicky Carnemolla, Kim Freeman York, Mitch and Penny Kennedy, Sandy Kontilis, Debbie Galletly, James Coleman, Ron Bryant, Pam Borris and Gary Melssner, Andy and Elonie Pederson, Shirley Dolan, Steve and Darlene Tom, Susan Gibbs, Katie Patterson, Debbie Griffin, Pam Patterson, Fred Rad, Paul Mitchell, Peggie Davis, Robert Pritchard, Terry Dolan,  and Danny McCormack.

Cm. Wilson said this was not just about cost it was about the quality of life in San Ramon. He said he was not opposed to Dougherty Valley but the existing residents would not take their financial burden or their sewage. He said he was encouraged that Central San had offered to work with DSRSD and the City to hopefully come to a conclusion on a very important issue that would affect the quality of life, schools, children and the health of the residents.

Cm. Tatarka said many questions still need to be answered and she felt that not all measures had been taken into consideration on the impacts to the residents of San Ramon. She said this shows that new development needs to pay its own way and not impact the residents’ quality of life.

Cm. Raab said Central San had not presented an answer that was acceptable to the residents. He said wants to see the burdens of the project in the Dougherty Valley and not for the existing residents.

Mayor Kinney asked the City Attorney what action was the Council expected to take that night.

The City Attorney said the District was correct when it referred to the 1923 Act, which created the District and gave it the authority to use public streets to install sewer lines. He said the same section that gives the District the authority to use the City streets has a provision that requires the District obtain the consent of the City for use of its streets. He said the District was requesting permission from the Council to use Estero. He said he did not view that as the same as requesting an encroachment permit. He recommended the Council consider the alternatives and exercise its discretion in determining which alternative to give consent to.

Mayor Kinney said he was still not satisfied that the PG&E property was not a feasible alternative. He said if PG&E was used it would eliminate the construction impacts on Estero that were identified as significant in the EIR. He suggested that the Council not consent to the use of Estero and ask the staffs of the City, DSRSD and the District to further analyze the PG&E alternative. He said he would be happy to meet with the Central San Board Chairman, key staff members, the City’s Engineer and Transportation Director and the City Manager to look at options, alternatives and solutions to the problem.

Cm. Hudson’s motion to continue the item until the staffs and boards have an opportunity to meet was seconded by Cm. Raab and passed 5-0.

* * * *

Mayor Kinney declared a break.

All Councilmembers were present when the meeting reconvened.

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ALCOSTA PARK CANINE FACILITY

Cm. Wilson said he had removed this item from the Consent Calendar because he felt some of the stipulations regarding this project had not been addressed. He said after a site visit he also felt there were other concerns that should be addressed.

Kim Borroro, said two weeks ago the Parks Commission was supposed to contact him regarding mitigation at the dog park. He said he had only received the changes made by the Commission with no revised site map. He said his reservations concerned construction of the park so close to the creek and the runoff from into the creek from the dog park. He said he did not feel the Parks Commission had done their homework.

The City Manager addressed issues of maintenance, use of chemicals, drainage, the negative declaration, monitoring for problems and creek side dumping.

Mayor Kinney said after looking at the site he did not see how the drainage from the dog park could be kept out of the creek because the site slopes in the direction of the creek. He suggested the Council take another look at the proposed site for the dog park because it was a terrible site.

Cm. Hudson said every park in the City has drainage that eventually ends up in the creek. He said if a park is approved for that site and it doesn’t work it can be improved.

The Parks and Community Services Director said he had walked the site with the contractor this past week and he was very familiar with the site.

Cm. Raab said one of the reasons that site was selected was its intersection with the Iron Horse Trail and the Cross Valley Trail. He said he had been on the site and it was quite a distance from Mr. Borroro’s house. He also said shrubs had been planted and the gate moved further away from Mr. Borroro’s house as additional mitigation measures. He said he felt the park would be a great addition to the neighborhood and City.

Mayor Kinney suggested directing staff to look into the drainage ditch.

Cm. Tatarka said she had also visited the site and felt that Mr. Borroro could work with staff to have his concerns mitigated but also felt the park should move forward.

Cm. Hudson said once the park was constructed he felt Mr. Borroro would see its benefits.

Mr. Borroro said if the Council allows the creek to be polluted by the dog park it will the responsibility of the Council.

Cm. Raab’s motion to approve the resolution denying the appeal with the mitigated measures and the conditions addressed by the City Manager was seconded by Cm. Hudson and passed 3-2 (Cm. Wilson and Mayor Kinney dissenting).

RESOLUTION NO. 2000-52

DENYING THE APPEAL WITH MITIGATED MEASURES OF THE PARKS AND COMMUNITY SERVICES COMMISSION APPROVAL OF THE ALCOSTA COMMUNITY PARK CANINE FACILITY ON DEL MAR AVENUE (CIP 8220)

Cm. Wilson said he felt strongly that the park should not go in at that location.

* * * *

TVTC 

Cm. Hudson said BART gave a report at the last TVTC meeting regarding the possibility of paying for parking at the BART stations.

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There being no further business to come before the City, at 11:45 p.m. Mayor Kinney adjourned the meeting.

Curt Kinney, Mayor
Judy Macfarlane, City Clerk

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