A regular meeting of the City Council of the City of San Ramon was called to order on November 13, 2001, at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino Ramon, Mayor Hudson presiding.
PRESENT: Councilmembers Kinney, Livingstone, Tatarka, Wilson and Mayor Hudson
ABSENT:
STAFF PRESENT: City Manager Herb Moniz, City Attorney Tom Curry, Police Chief Brian Lindblom, Administrative Services Director Jim Randall, Parks and Community Services Director Jeff Eorio, Senior Planner Debbie Chamberlain, City Engineer Joye Fukuda, Transportation Director John Dillon, Economic Development Manager April Gray, and City Clerk Judy Macfarlane

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

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The Engineering Services Director introduced new employee Stanley Fung, City Engineer.

The City Librarian introduced new employees Norma Balough, Library Clerk and Stephen Ginochio, Library Assistant.

The Public Services Director introduced new employees Jerry Hale, James Helling, and David Warner, Maintenance Technicians I.

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

Mayor Hudson presented a proclamation recognizing November, 2001 as "Homeless Awareness Month" to Michael Shimanski, Representative, Continuum of Care Board.

Mayor Hudson presented a proclamation recognizing Everett Parvin, owner of Gold-N-Treasures jewelry store, for his actions resulting in the arrest of residential burglars.

Mayor Hudson presented a proclamation declaring November 10–17^th as "America Recycles Week" to Robert Ingalls, Environmental Affairs Advisory Committee Chair.

Mayor Hudson presented certificates of recognition to the San Ramon winners of the California Integrated Waste Management Board’s "Waste Reduction Always Pays" (WRAP) Award Program for the Year 2001.

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Curt Kinney stated that due to a prior commitment, he would be unable to attend the next Council meeting and took this opportunity to thank the Staff for their support.

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APPROVAL OF MINUTES

Cm. Kinney’s motion to approve the minutes of the October 27, 2001, meeting was seconded by Cm. Tatarka and passed 5-0.

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CONSENT CALENDAR

Cm. Kinney commented on Item 8.4, that the future Council needs to be aware of the cost incurred by the City regarding the tunneling program with EBMUD.

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

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FINANCE 

Register of Demands dated October 1, 26, 30, 31 and November 4 and 11, 2001 in the amount of $ 2,376,399.64.

City of San Ramon Quarterly Investment Report
 for the period ending September 30, 2001.

Authorizing the City Engineer to execute Right-of-Way Certifications in connection with Federal-Aid funded projects

Acceptance of Work

 Redgwick Construction on Deerwood Road Improvements Project (CIP 8113) and 
Omega Widening Project from Deerwood Road to 300 feet north (CIP 7134) as complete 
and authorization for the City Clerk to file a Notice of Completion 
with the County Recorder’s Office

Resolution No. 2001-142

Vacating an easement for creek and creek access purposes on a parcel located at 2671 Crow Canyon Road (Dahlin Property/APN 209-770-006)

Repealing Resolution No. 2000-164 and amending the Master List (Exhibit A) by adding parking restrictions in various areas of San Ramon

Resolution No. 2001-146

Accepting for maintenance certain road and stormdrain improvements constructed in Subdivision 8131(Shapell Industries/ The Bridges at Gale Ranch).

Resolution No. 2001-150

Authorizing the Mayor to execute a one-year extension
of the exclusive negotiating agreement between the Valley Children’s Museum and 
the City of San Ramon

Resolution No. 2001-147

Accepting for maintenance certain road and stormdrain improvements constructed in Subdivision 8132 (Shapell Industries/ The Bridges at Gale Ranch

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GENERAL PLAN 2020 

The Senior Planner stated the General Plan Review Commission had met on November 8, 2001 and voted to remove Davidon/Old EIR Ranch Estates II property from the table, and to retain the Open Space general plan designation. She stated the recommendation was for Council to adopt the resolution with the attached finds certifying the General Plan 2020 Environmental Impact Report as being completed and in compliance with the CEQA of 1970, as amended, and direct the City Clerk to post the Notice of Determination for the project and pay the appropriate filing fee.

Mayor Hudson opened the public hearing.

Jeff Thayer, representing Davidon Homes, stated its displeasure with the decision made by the GPRC. He said a letter had been hand delivered earlier in the day to the Council and asked Andrew Sabey, counsel for Davidon to address the matter directly.

Andrew Sabey, stated on behalf of Davidon Homes, he was formally appealing the decision made by the GPRC which excludes Davidon Homes from development in the 20 year General Plan. He asked the Council to exercise its discretion to make a reasonable land use designation on this piece of in-fill property.

Greg Carr said the citizens and Council had made its decision regarding Davidon Homes and suggested that they give it up.

Mayor Hudson closed the public hearing.

Cm. Tatarka’s motion to adopt Resolution No. 2001-143 certifying the General Plan 2020 Environmental Impact Report was seconded by Cm. Wilson, and passed by roll call vote, 4-1 (Cm. Kinney dissenting).

Certifying the General Plan 2020 Environmental Impact Report

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SUBMITTAL OF 2020 GENERAL PLAN TO VOTERS 

The Senior Planner said with the completion of the General Plan and the adoption of the certification of the EIR, the General Plan

 was ready to be placed on the March 5, 2002 ballot. Mayor Hudson opened the public hearing. Andrew Sabey, attorney for Davidon Homes, stated since the Council did not act on their desire to appeal the decision of the General Plan 2020 EIR, he urged the Council not to place this item on the ballot in its defective form as it violated State law.

Mayor Hudson closed the public hearing.

Cm. Tatarka asked the City Attorney if there was a violation of State law, referred to by Mr. Sabey.

The City Attorney stated it was his judgment that it did not violate State law and the actions taken by Council this evening were legally defensible.

Cm. Tatarka’s motion to adopt Resolution No. 2001-148 to submit the San Ramon 2020 General Plan to the voters for the March 5, 2002 election was seconded by Cm. Wilson, and passed by roll call vote, 4-1 (Cm. Kinney dissenting).

Authorizing the submittal of the San Ramon 2020 General Plan to the voters for the 
March 5, 2002 election

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Cm. Kinney’s motion to adopt Resolution No. 2001-145 expressing support for the United States Government in the war against terrorism was seconded by Cm. Tatarka, and passed 5-0.

Cm. Wilson asked each member of the Council to individually sign the resolution.

Expressing support for the United States Government in the War Against Terrorism

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City Center The Senior Planner stated the cost for design and construction of Cost City Center is estimated to be $130,214,000. A bond measure for Estimates. Construction of a new library, center for the arts, parking structure, site development and pedestrian bridge across Bollinger Canyon Road would be $90,213,500. The balance of the cost is allocated to the council chamber, city offices and children’s museum. She said a few things for Council to consider as next steps would be 1) if Council wanted this to be placed on the March 2002 ballot as a ballot measure, we would need to complete final designs and environmental review, and this could be an advisory vote at that time, 2) if Council wished this to be a bond measure, it be placed on the November 2002 ballot in order to give staff time to complete the environmental review process which is consistent to what has been done in the General plan Review process, 3) to gauge public support of the project, the Council direct staff to conduct a survey.

Bob Diaz, Turner Construction, presented the project cost summary that included construction costs, professional services, builder’s risk insurance, financing costs, miscellaneous costs, project contingency and escalation.

The City Manager responded to questions about a professional survey of the residents. He stated that after discussing this with various agencies, it was thought that to determine the actual support for a city center project, contracting with a professional service could allow direct polling of residents with specific questions regarding actual costs, support for individual components, and for the overall project. He suggested that a workshop with the new Council be arranged in December to review the entire process. He said the deadline was December 7^th to place this item on the March ballot as an advisory vote.

It was agreed that a workshop would be conducted the first part of December, and the type of survey to be conducted would be decided upon at that time.

Mayor Hudson called a short recess.

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All Councilmembers were present when the meeting reconvened.

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SEASONAL DECORATIONS/ENERGY CONSERVATION

The Public Services Director asked for direction from Council with regards to the energy conservation and holiday decoration strategy for the upcoming holiday season. He suggested that the decorations for the upcoming holiday season include making use of timers to control the street decorations, the holiday tree and the fountains to restrict operations from early evening until midnight. He also suggested that patriotic lighting, (red, white and blue colored lights) be used in lieu of the red and green lights from prior years. It was the consensus of Council to include the Senior Center and approve the recommendations as presented.

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PUBLIC HEARING - OLD MILL VILLAGE

The Senior Planner reviewed the history and sequence of events surrounding the development permits and entitlements for the Old

 Mill Village Condominiums project. He stated that the policies and standards pertaining to this site and project had not changed,

since the project was originally approved by the City Council and therefore, can find no reason or argument against the granting of the request for a one-year extension.

Mayor Hudson opened the public hearing.

Wilson Wendt, representing Virtuoso Development Company, reviewed the reasons for the extension and stressed that this project provides affordable housing to this area, and is consistent to the existing general plan and the proposed general plan and would be a benefit to the City.

Dick Loewdke, Virtuoso Development, reviewed the planning modifications and recommendations made by the Council that included a reduction in the number of units, and enhanced landscaping. He stated that it was anticipated the project to begin construction by the middle of next year and was requesting an extension so permits can be secured before current approvals expire.

Mayor Hudson closed the public hearing.

Cm. Kinney’s motion to approve the one-year extension was seconded by Cm. Livingstone and passed 5-0.

Resolution No. 2001-149

Approving a one-year extension of project development permits and entitlements for the Old Mill Village Condominiums – VTM-8359; DP-98-009; AR-98-096 and IS-98-011

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REAPPOINTMENTS 

Cm. Kinney’s motion to re-appoint Jim Livingstone to the Planning Commission and Ken Mintz to the Parks &Community Services Commission was seconded by Mayor Hudson and passed 4-0-1 (Cm. Livingstone abstaining).

Cm. Livingstone thanked Staff, the City Attorney and Council for their assistance during his tenure as interim councilmember.

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MAYORS’ CONFERENCE 

Mayor Hudson gave a brief review of the last Mayors’ Conference.

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TRI- VALLEY TRANSPORTATION COMMITTEE

Mayor Hudson stated the City of Dublin was constructing a 10 story building which will be the Transit Village for West  Dublin (future Bart Station) and said this would impact the traffic on San Ramon Valley Boulevard.

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SENIOR CITIZENS ADVISORY COMMITTEE

Cm. Kinney updated the Council on activities at the Senior Center. Pat York spoke about the Veteran’s Day celebration held at the Senior Center.

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SOUTH WEST AREA TRANSPORTATION COMMITTEE

The Mayor said the City was presented with a plaque recognizing the wonderful service provided by the Transportation Services Department.

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Cm. Tatarka stated that National Family Volunteer Day was on Sunday, November 18^th and suggested anyone interested in volunteering, contact the volunteer coordinator.

Cm. Wilson stated on Friday, November 9, 2001 he visited the Larwin Pump station and the stench was unbearable. Despite numerous calls made to the posted number at the sight, his calls were not returned until Tuesday, November 13^th. He also stated there was a rodent problem at the site.

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There being no further business to come before the City, the meeting was adjourned at 10:10 P.M.