A regular meeting of the City Council of the City of San Ramon was called to order on, December 11, 2001 at 7:15 p.m. in the Council Chamber at City Hall, 2222 Camino Ramon, Mayor Tatarka presiding.
PRESENT: Councilmembers Cambra, Dickey, Hudson and Mayor Tatarka
ABSENT: Vice Mayor Wilson
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, Planning Director Phil Wong, City Engineer Joye Fukuda, Transportation Director John Dillon, Economic Development Manager April Gray, and City Clerk Judy Macfarlane

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Mayor Tatarka stated the Council had met in closed session pursuant to Government Code §54956.9(a) to discuss existing litigation regarding Finley-Tassajara Corporation v. Contra Costa County; City of San Ramon et al. She said there was an unanimous vote not to appeal the decision.

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PLEDGE OF ALLEGIANCE

Girl Scout Troops 517 from Pine Valley Intermediate School and 581 from Iron Horse Intermediate School led Council, staff and those present in the audience in a pledge of allegiance to the flag.

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SPECIAL PRESENTATIONS

The Economic Development Services Director introduced new employee Brooke Littman, Housing Program Manager.

The Planning Director introduced new employees Cindy Yee, Assistant Planner, and Mary Dupont, Office Specialist.

The Police Chief introduced new Police Officers Bill Baker, Chuck Escover and Dave Roach, and Police Sergeant Joe Gorton.

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

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Paul Maxwell, Deputy Director of the Contra Costa Transportation Authority and Scott Stein, Public Affairs Department, gave a historical overview of the I-680 Auxiliary Lanes Project that would provide weaving and merging lanes from Bollinger Canyon Road in San Ramon to Diablo Road in Danville. They summarized the progress made in obtaining funding for specific segments of the project and reviewed the visual and sound impacts.

The Council received the report and referred the discussion of alternative visual mitigation strategies to the west side of I-680 to the City’s Architectural Review Board for a detailed review and recommendations.

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Millie Greenberg, representing the Contra Costa County Mayors’ Conference City County Relations Committee, presented a proposal for the development of a future vision and a growth management strategy for Contra Costa County called, "Shaping Our Future."

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Mayor Tatarka presented a proclamation declaring December as Tri-Valley Community Foundation Month to David Rice, President and CEO, Tri-Valley Community Foundation.

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APPROVAL OF MINUTES

Approval of the minutes of the November 27, 2001 meeting were continued to the January 8, 2002 Council meeting.

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CONSENT CALENDAR

Cm. Cambra requested Item 8.2 Resolution No. 2001-164 Approving Land Use Permit (LUP-010500-015) & Architectural Review Permit (AR-01-200-075) filed by Central Contra Costa Sanitary District (Applicant/Owner) San Ramon Larwin Pumping Station Renovations Project (9925 Mangos Drive) (APN:212-263-012, 013, 05), be removed from the consent calendar for discussion Resolution No. 2001-160, setting a 12% Disadvantaged Business Enterprise (DBE) goal for the City of San Ramon for federally funded projects be removed from the consent calendar for discussion.

Cm.Hudson’s motion to approve the following Consent Calendar was seconded by Cm. Dickey and passed 4-0.

FINANCE 

Register of Demands dated November 26 and December 9, 2001, in the amount of $686,261.31.

Resolution No. 2001-161

Supporting the Draft Compact for a Sustainable Bay Area

Resolution No. 2001-163

Designating and appointing Standby Officers for the members of the City Council and City Manager in the event of an emergency and repealing Resolution No. 2000-09

Acceptance of work

 by The Finish Line for acoustical treatment at the San Ramon Community Center and the San Ramon Senior Center (CIP 5305) as complete and authorization for the City Clerk to file a Notice of Completion with the County Recorder’s Office

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ORDINANCE AMENDING CHEVRON PARK ANNEXATION AGREEMENT 

The Planning Services Director said Sunset Development was requesting approval of an amendment to the Chevron Annexation and Development Agreement for the office development referred to as Bishop Ranch 1 (BR 1). This amendment would extend the term of the agreement to maintain the right to construct the previously approved parking structure and allow the completion of BR 1 to proceed in accordance with existing policies, rules, regulations and subject to the conditions of approval tied to the vesting tentative map, development plan, variance and architectural review.

He explained that under the entitlement for BR 1 office project, the parking structure was landbanked. The conditions of approval state that the future parking structure is to be constructed only if Sunset and the City determine the need to meet the demonstrated demand. He said by maintaining this provision, it not only protects Sunset, but also the City and its neighboring residents should tenants change that would warrant the need for more on-site parking. This is also reinforced by the condition of approval that prohibits overflow parking onto adjacent public properties.

The Planning Services Director stated the term of the current development agreement expires December 31, 2005 and the request is to extend the term of the agreement to December 31, 2010, with extensions for two additional five-year terms with an outside expiration date of December 31, 2020.

In conclusion, he informed the Council that the Planning Commission, at the meeting of October 16, 2001, considered the proposed amended development agreement and made the finding that the development agreement is in conformance with the General Plan and recommended approval to the City Council.

Mayor Tatarka opened the public hearing.

Kevin Wheelwright said it was premature to extend the agreement since it expires in 2005. He said he felt we should wait until the buildings at that site were occupied and the situation could be observed.

Mayor Tatarka closed the public hearing.

In answer to questions Peter Oswald, Sunset Development, stated if the amendment for the extension was not approved, the parking garage could go away. He said by approving the amendment, all expiration dates would subsequently be extended to 2020.

Cm. Hudson’s motion to approve the amendment to the Chevron Park Annexation and Development Agreement (Bishop Ranch 1) and waive the reading died for lack of second.

Cm. Dickey expressed concern for approving the extension four years prior to the expiration date.

Mayor Tatarka asked staff if there was a particular reason this item was brought before Council so early and if a decision was required that night.

The Planning Services Director explained that Council was not obligated to make any decision that day. He stated because the application had been made by Sunset Development Company, he was following the process taking it before the City Council

Mayor Tatarka said she needed more clarification as to what criteria was going to be used, what the actual details and specific documentation were regarding the necessity for the parking structure.

Cm. Hudson inquired if there was any difference between Chevron Park asking for their original extension and that of Sunset Development’s request.

Mr. Oswald requested that items 11.1 Amending the Chevron Park Annexation and Development Agreement (Bishop Ranch 1), and 11.2 Amending the Bishop Ranch Annexation and Development Agreement (Bishop Ranch 8 and Bishop Ranch 15) be removed from the agenda and asked for a continuance.

Cm. Cambra’s motion to continue Items 11.1 and 11.2 to a future meeting was seconded by Cm. Dickey and passed 4-0.

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CCCSD DOUGHERTY TUNNEL & SEWER PROJECT

The Engineering Services Director requested the City Council accept the fourth status update presented by Bill Brennen, Contra Costa County Sanitary District. She said the report covers all pertinent information through November 30.

Mr. Brennen distributed copies to the Council of the most recent report to the Board of Directors. He stated the first phases of work had been completed on Mangos and Estero Drives with the exception of the paving overlay which would be delayed until Spring 2002 due to weather restrictions. He said the tunneling machine had experienced some mechanical problems which had caused delays and estimated the west portal should be complete in the fall of 2002. He reviewed the claims that had been filed by residents with the District.

The City Council accepted the report.

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San Ramon Larwin Pumping Station

The Senior Planner said that as part of the Settlement Agreement between the City, CCCSD and the developers of Dougherty Valley, the City is required to review and process several components of the sewer service infrastructure as it relates to a Sewer line tunnel and trunk line, and pump station improvements. He said the component before the City Council pertained to the San Ramon Larwin Pumping Station. He said the Planning Commission recommended the Council adopt Resolution No. 2001-164, granting Land Use Permit and Architectural Review approval of the site plan, building design, noise and odor control, landscape plan and, design details of paving and fencing for the San Ramon Larwin Pumping Station Renovations project. He said due to the processing provisions of the Settlement Agreement, the City Council is to review and act on the project by December 21, 2001.

Mayor Tatarka opened the public hearing.

Roz Rogoff presented letters from the South San Ramon Neighborhood Association, Inc., and Israil Tsoyrif, a resident of South San Ramon. She spoke of concerns regarding safety, earthquakes, potential release of gases or poisonous substances, and questioned who was going to be ultimately responsible if the sewage goes into the creek, streets or houses. She voiced objection to the use of the access road behind her house.

Mayor Tatarka closed the public hearing.

Cm. Dickey’s motion to adopt Resolution No. 2001-164 Approving Land Use Permit (LUP-01-500-015) & Architectural Review Permit (AR-01-200-075) filed by Central Contra Costa Sanitary District (Applicant/Owner) San Ramon Larwin Pumping Station Renovations Project (9925 Mangos Drive) (APN: 212-263-012, 013 & 05), was seconded by Cm. Cambra, and passed 4-0.

Resolution No. 2001-164

Approving Land Use Permit (LUP-01-500-015) & Architectural Review Permit (AR-01-200-075) filed by Central Contra Costa Sanitary District (Applicant/Owner) San Ramon Larwin Pumping Station Renovations Project  (9925 Mangos Drive) (APN: 212-263-012, 013 & 05)

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Mayor Tatarka declared a short recess.

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All Councilmembers were present when the meeting reconvened.

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SETTING 12% DBE GOAL   

The Senior Engineer said in the State of California, the Department of Transportation (Caltrans) administers federal grant funds from the Federal Intermodal Surface Transportation Efficiency Act of 1991 and the Transportation Enhancement Act of 1998 (TEA-21). Local agencies receiving federal funds must follow specific guidelines in order to retain their funding status. Federal requirements mandate recipients to make a concerted effort to assure that Disadvantaged Business Enterprises have an opportunity to bid construction projects financed in part with federal funds. In compliance with these grant requirements, the City must formally adopt a resolution setting goals for DBE participation in federally funded projects. He said this approval is required each year that the City receives federal funds.

Cm. Cambra asked what the affect would be if the goal were increased.

The Senior Engineer stated the goal of 10% was indicated by a study based on the availability of disadvantaged business contractors in our local bidding area and our regional area. He said if the City were to increase it, it would be tougher to get contractors from the local area to bid on our projects. He said we would then attract bidders from outside the area which would subsequently increase costs due to the distance from the project.

Cm. Cambra’s motion to adopt Resolution No. 2001-160 was seconded by Cm. Dickey and passed 4-0.

Resolution No. 2001-160

Setting a 12% Disadvantaged Business Enterprise (DBE) goal for the City of San Ramon for federally funded projects administered by the California Department of Transportation during Year 2001/02 and accepting the Year 2000/01 Disadvantaged Business Enterprise Report

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LIAISON APPOINTMENTS 

The Mayor distributed the Committee/Commission Liaison appointments and stated she had tried to accommodate each Councilmember’s requests.

Cm. Cambra’s motion to approve the City Council liaison list was seconded by Cm.Dickey and passed 4-0.

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GENERAL PLAN REVIEW COMMISSION 

Cm. Cambra requested the Council recognize the efforts by the members of the General Plan Review Commission and sunset the Commission. He said recognition of staff members should be made as well.

It was the consensus of Council that recognition of the General Plan Review Commission would be made at a March 2002 Council meeting.

Cm. Cambra’s motion to sunset the General Plan Review Commission was seconded by Cm. Dickey and passed 4-0.

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LEGAL DEFENSE FUND

Cm. Cambra suggested to prevent possible litigation the City consider establishing a legal defense fund to not only protect the citizens of San Ramon but to display that the City has adequate

Funds to defend itself if need be. He requested that the City Attorney and Administrative Services Director review the benefits and drawbacks, the legality and method of funding and the possible uses for this fund.

The City Attorney said he would prepare a series of suggestions and options within the next 60 days for the Council’s consideration.

Cm. Hudson requested the source of funding be specifically outlined in the report.

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UTILITY UNDERGROUND PROGRAM

Cm. Cambra requested Council direct staff to prepare a progress report as to the status of the utility undergrounding program. Staff was requested to prepare a status report on the level of City funding, project timing, phasing, and options for homeowner’s fees and obtaining input from residents.

The City Manager stated he would contact P G & E and meet with staff to determine a realistic time frame in which to agendize this item for a future Council meeting.

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MAYORS’ CONFERENCE REPORT 

The Mayor stated the December 6 Mayors’ Conference was held in Walnut Creek.

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ECONOMIC DEVELOPMENT ADVISORY COMMITTEE

Mayor Tatarka stated the committee reviewed its work plan and current projects.

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SENIOR CITIZENS ADVISORY COMMITTEE 

Mayor Tatarka said the conceptual plans for the addition to the Center were reviewed and accepted and will be presented to the Parks and Community Services Commission on December 12^th.

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FOREST HOME FARMS ADVISORY COMMITTEE

Mayor Tatarka said there was discussion regarding grant funding and a review of upcoming events.

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There being no further business to come before the City, the meeting was adjourned at 9:35 p.m.

Signed:

Nancy Tatarka, Mayor
Judy Macfarlane, City Clerk