MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held April 12, 2005 at 7:09 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

PRESENT: Councilmembers Hudson, Perkins, and Rowley, Vice Mayor Livingstone, Mayor Wilson.

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Sgt. Paul O’Mary, Planning Services Manager Debbie Chamberlain, Senior Transportation Engineer Phil Agostini, District Engineer/Division Manager Maria Robinson, Community Services Division Manager John Skeel, and Interim City Clerk Patricia Edwards.

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Caroline Hughes and Matt Heavey led the Council, staff, and those in the audience in the pledge of allegiance.

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Mayor Wilson noted that Cm. Perkins has laryngitis. Cm. Perkins will pass his written notes to the Mayor to read.

Mayor Wilson asked if there were any changes or additions to the agenda. The Interim City Clerk asked the Council to postpone item 10.1 as the Chair and Vice Chair of the Transportation Advisory Committee were unavailable to give the Annual Report. Cm. Hudson’s motion to continue the item to the April 26, 2005 Council meeting was seconded by Vice Mayor Livingstone and passed 5-0.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The Interim City Clerk noted there were none.

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Earth Day Proclamation

Mayor Wilson presented the proclamation to Doug Graver, member of the Open Space Conservation Advisory Committee and former member of the Environmental Affairs Advisory Committee. Mr. Graver thanked the Council on behalf of the Committee. His daughter distributed "Live Green" bracelets from the American Society of Landscape Architects to the Council.

Mayor Wilson introduced Officer Gwen Brady, the 2004-2005 Character Counts! Instructor. The Mayor stressed the importance of this program as representing the essence of what is important in the lives of students and for San Ramon. He announced that Officer Brady has been promoted to Sergeant. He acknowledged the efforts of Donna Yokomizo, principal, and Nancy Hammons, teacher, at the Hidden Hills Elementary School and thanked them for making this program possible. Caroline Hughes and Matt Heavey read their award winning essays.

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John Skeel, Community Services Division Manager, gave the staff report. Cm. Hudson clarified that the term was for 2005-2007. Cm. Rowley’s motion to appoint Pauline Nolte to the Library Advisory Committee for a term ending in 2007 was seconded by Cm. Hudson and passed 5-0.

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Toby Brink, CEO/President of the San Ramon Chamber of Commerce, informed the Council that KSAN radio station 107.7 FM will feature a live remote broadcast at El Balazo restaurant on Friday, April 22, from noon to 6:00 p.m. Their "Bone Home Town San Ramon" will profile San Ramon and promote businesses in San Ramon.

Yvonne Kimber representing the San Ramon Library Foundation invited the Council to celebrate the Library’s Sweet 16 Birthday Party on Friday, April 15, from 3:00 to 5:00 p.m. Heart shaped greeting cards may be purchased for $1.00 each and will be on display for the month of April. She reminded the Council of the Spring Book Sale on Saturday, April 23, from 10:00 a.m. to 5:00 p.m. and Sunday, April 24, from noon to 5:00 p.m. There will be a preview sale on Friday, April 22, from 5:00 p.m. to 8:00 p.m. The Foundation is a nonprofit organization that promotes the library by fund raising and community programs. Funds raised are used to purchase materials, services, and equipment. Ms. Kimber noted that the Foundation pays half of the cost of keeping the Library open on Sundays. Mayor Wilson thanked Ms. Kimber for her dedication and the Foundation for their financial support. Cm. Hudson clarified that the cost of Library Foundation membership is $15 per person or $20 per family.

Rich Halket introduced himself as the newly elected representative to the Dublin San Ramon Services District. The District is responsible for the wastewater in southern San Ramon, all of San Ramon’s recycled water, and water for Dougherty Valley. He urged the Council to contact him with any questions or concerns. He reported that this summer, the District will utilize the DERWA recycled water to irrigate landscape. They are currently working on improving the quality of water for Zone 7.

Carol Lopez, president of the Dublin/San Ramon Women’s Club, thanked the Council for their participation at the April 9, 2005 Teen Job Fair. More than 550 students from San Ramon, Dublin, and Pleasanton participated. She remarked that each of the San Ramon Councilmembers participated and thanked the Council for their involvement. One hundred twenty students were involved in the mock interviews. Cm. Perkins noted that he had a very enjoyable time and that the students were poised and focused. On behalf of the Council, Cm. Rowley thanked Ms. Lopez for her leadership.

Beverly McAdams invited residents to apply for the San Ramon vacancy on the Board of Directors for Community Television. She noted that it is an interesting position involved in hiring the new director, fund raising, and overseeing the construction of the new studio. She invited the community to attend "San Ramon Cares" on Monday, April 25, from 5:00 to 7:00 p.m. at Mudd’s Restaurant. This event will honor Bianca Jagger as an environmental activist and is the kick-off for the world preview of the photo exhibit that chronicles Chevron/Texaco’s oil pollution in Ecuador.

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Vice Mayor Livingstone’s motion to approve the March 22, 2005 minutes was seconded by Cm. Hudson and passed 5-0.

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Cm. Hudson’s motion to approve consent calendar items 8.1 through 8.7 was seconded by Vice Mayor Livingstone and passed 5-0.

Resolution No. 2005-37 – Establishing a Rate of $35 Per Equivalent Runoff Unit for FY 2005/06 for the National Pollutant Discharge Elimination System (NPDES) Stormwater Program and Requesting the Contra Costa County Flood Control and Water Conservation District (Flood Control District) to Adopt an Annual Parcel Assessment.

Resolution No. 2005-39 – Establishing a Roadside Memorial Policy for the City of San Ramon.

Resolution No. 2005-41 – Ordering a Summary Vacation of Approximately 130 Square Feet of Excess Right-of-Way of Monarch Road (RA 1117), within the Boundaries of Tract 7984, Located at the Southeast Corner of Monarch Road and Feathermint Drive.

Resolution No. 2005-42 – Authorizing the Mayor to Execute the Sale of Approximately 130 Square Feet of Monarch Road (RA 1117) to Duane Talbert at 2201 Britannia Drive.

Acceptance of the PG&E Right-of-Way Street Lighting Improvement Project (CIP 5390) for Installation of Street Lights on Del Mar Drive, Broadmoor Drive, Davona Drive, and Tareyton Avenue by Steiny & Company, Inc. as Complete and Authorize the City Clerk to File a Notice of Completion with the County Recorder’s Office.

Resolution No. 2005-43 – Authorizing the Mayor to execute Amendment No. IV to the Agreement with White Oak Landscape, Inc. in an amount of $66,920; Resolution No. 2005-44 Authorizing the Mayor to execute  Amendment No. VI to the Agreement with New Image Landscape Company in an amount of $34,952; and Resolution No. 2005-45 Authorizing the Mayor to execute Amendment No. III to the Agreement with FloraTech Landscape Management, Inc. in an amount of $47,110 for a total of $148,982 to provide landscape maintenance services from May 1, 2005 through June 30, 2005.

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Mayor Wilson called a five minute recess at 7:45 p.m. The meeting reconvened at 7:48 p.m. with all Council members in attendance.

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Planning Services Manager Debbie Chamberlain gave the introduction. She noted and summarized that staff provided information on the issues resulting from the March 8, 2005 meeting which included: school impacts, how the open space preservation and distribution will be protected in the future, drainage easements, creation construction of the cul-de-sac, traffic comments, and project overall visual impacts. She noted that these were the same comments raised in the public hearings before the Planning Commission.

Ms. Chamberlain summarized the issues from the March 22, 2005 public hearing. The primary comment from speakers concerned the Timbercreek Road cul-de-sac. Council directed staff to respond to the following issues: traffic impacts on Old Ranch Estates development related to closing Timbercreek Road, traffic calming within Old Ranch Estates, evaluation of alternative project access points, the number of public access points needed for the existing Old Ranch Estates, consideration of break-away bollards at the proposed cul-de-sac and preservation of the Open Space in perpetuity.

Phil Agostini reviewed the procedures utilized to collect traffic data for the Old Ranch Estates neighborhood. This data included vehicle speeds and volumes for a 72 hour period. He reported that the Timbercreek Road traffic conditions would not meet San Ramon’s criteria for speed hump installation. The existing traffic volumes at the intersection of Old Ranch Road and Old Ranch Estates Drive do not meet either the all-way stop sign or the peak hour traffic signal warrants. He noted that a traffic signal at the intersection of Old Ranch Road and Dougherty Road is included in the City’s Five-Year CIP Program. Cm. Perkins asked if the City expects the need for a signal at Old Ranch Estates or Old Ranch Road in the future as a result of Dougherty Valley development. Mr. Agostini replied that the EIR considered this issue and the projections would not meet the City’s warrant criteria except possibly at peak hours. Mayor Wilson questioned if it was the number of cars or speed of cars that was significant. Mr. Agostini replied that both factors are evaluated. Mayor Wilson expressed additional concerns regarding the speed issue and requested that the City be proactive not reactive. Mr. Agostini indicated that the Police Department could provide selective enforcement. Mayor Wilson added that he felt speed humps help to slow traffic.

Cm. Perkins questioned the impact of Dougherty Valley build-out on this area. Mr. Agostini replied that the General Plan and projections for Old Ranch Road at peak hour translates to over are 30,000 vehicles per day. Currently there are 4,000 vehicles per day. He added that there will any be no has not been any significant increase in traffic on Old Ranch from Dougherty Valley development. Mayor Wilson asked how the public could be protected. Mr. Agostini described the Transportation Committee’s process for requesting speed humps. He noted that these streets are built as collective streets to collector street standards and are 40’ wide which may encourage more traffic and higher speeds. Cm. Perkins asked if 32 – 35 mph (critical speed) is considered a high speed for a neighborhood. Mr. Agostini replied that critical speeds of 32-35 mph is typical for a residential street in San Ramon.

Michael Mowery with Kimley-Horn and Associates addressed the traffic access issue. He reviewed the positive and negative aspects of six possible access point options: no change; access from Old Ranch Road; access from Old Ranch Court; access from Alcosta Boulevard through PG&E right-of-way; one way closure and full closure. Vice Mayor Livingstone asked about the disadvantages to one way closure with someone driving ‘in’ the ‘out’ access. Mr. Mowery noted that this is a disadvantage. Vice Mayor Livingstone asked if extending the medians on both sides of the barricade would minimize the impact. Mr. Mowery noted that a sight/distance problem would result. When Vice Mayor Livingstone suggested a raised median, Mr. Mowery noted that the length of the diverter is limited because of an existing driveway. Vice Mayor Livingstone asked about the bollards on the east bound side and if emergency vehicles would have access if needed. Mr. Mowery responded that a raised median and one way diverter would cause an emergency vehicle to travel in the narrow lane in the wrong direction.

Mayor Wilson requested clarification of the number of public access points needed for the existing Old Ranch development. Cm. Perkins noted that there is one access and two EVAs. Ms. Chamberlain noted that the April 12, 2005 letter from the Fire District reaffirms their acceptance of the public access that is proposed for the project.

Mayor Wilson questioned the definition of ‘perpetuity’ regarding open space preservation. Ms. Chamberlain responded that no one could make a prediction for the next 100 years. She assured the Council that the General Plan and zoning for the 115 acres of open space requires that it remain open space per the Conditions of Approval A.46. The property rights will be deeded to the City. She noted that Davidon Homes has stated that it does not want to own the open space. She asked Council to consider staff recommendations, take public testimony and provide direction to staff.

James Asher expressed concern regarding traffic issues. He is opposed to Old Ranch II but admitted that Davidon and its representatives did an excellent job. After many meetings, he agrees with Davidon regarding full closure for Timbercreek Road. He expressed hope that the Council would follow City staff and the Planning Commission recommendations for the cul-de-sac at Timbercreek.

Jim Blickenstaff asked the Council to delay their decision on the project to avoid future potential legal issues. He did not want to see a decision made that contains a conflict component. He expressed concern regarding the circulation dynamics of the traffic, increased traffic on Old Ranch Estates Drive, safety issues, one access for 176 units, the need to thoroughly evaluate the connection to Alcosta and Pine Valley Court, concerns regarding Ordinance 197, compliance with the General Plan set-backs, affordable housing, etc. He did not feel that the homeowners should take on the extra risk associated with this project. Mayor Wilson commented that some of Mr. Blickenstaff’s points may be valid but that the Council views Ordinance 197 issues as settled.

Paul Didas wants to make sure that the Council certifies the final EIR, approves the GPA, and evaluates the property rezoning. He noted that most of the comments deal with traffic but felt that the focus should be on the GPA and rezoning issues. He asked if the Council did not approve the project if it would return to the Planning Commission. Mayor Wilson asked the City Attorney for clarification. Mr. Athan responded that if the project goes back to the Planning Commission, additional public hearings are not required. He added that both the Planning Commission and City Council must approve the project by a 4/5’s majority vote. If there are substantial changes made by the Council, then the project would be required to return to the Planning Commission for review. Mr. Athan added that most of the discussion items fall under Measure G and do not require future Planning Commission review.

Tom Haynes expressed concern about the traffic from Old Ranch Road to Old Ranch Court. There are only two lanes, a traveling lane and a left turn lane. He noted that the problem is that cars speed up on the left hand turn lane and use it as a traveling lane. He observed that it is a dangerous situation. He requested that the proposal to add a left hand turn lane from Old Ranch Road into Timbercreek needs to be reviewed.

Sam Lemon noted that no matter what Davidon proposed there would not be unanimous

approval. He requested that the Council listen carefully to residents’ comments, the findings, recommendations and resolutions of staff, the findings of the Planning Commission, and take all this information into account when making their final decision. He added that there was nothing to be gained by additional delays.

Bahram Shadmehri supports the full closure option for Timbercreek Road. He noted similar discussions with the Planning Commission regarding options and traffic enforcement. He added that when he purchased his home, Davidon promised that the hills would never be developed. He expressed concern with traffic on Timbercreek Road. He asked how much deterrent the bollards would present. He questioned if seeing the traffic counters affected the drivers and their speed. He noted that Portillo Valley Drive also has an EVA.

Joe Miller remarked that building 54 homes was a good trade to keep the 115 acres as open space. He asked how the open space would be accomplished and what assurances there were against future development. He noted that many people misunderstand the term ‘future developments’. He questioned the statement in the staff report "While there are no assurances that can be given to ensure this property will be maintained as open space in perpetuity, the process to allow residential development is very difficult." He wanted a better understanding of how the open space will be maintained. With regards to the GHAD, he added that the EIR does not indicate that a major geological risk exists. He asked if the affordable housing units were inclusionary and if the City has plans to apply the in-lieu fees to a particular housing site. He questioned the 1 ¼ parking spaces per unit and remarked that there was no indication of the parking requirement for the in-law units. He asked for an update on the 2001 Davidon lawsuit against the City. He cautioned the Council that approval of this project concurrent with an ongoing lawsuit could set a dangerous precedent for future developments.

Larry Little expressed confusion regarding the ‘open space in perpetuity’. He noted that development of the open space would require a 4/5’s vote by both the Planning Commission and the City Council. He asked if a future City Council wanting to increase property tax revenues, could change the property deed rights. He felt that the presentation on alternative access roads was disappointing. He asked if the access from Old Ranch Road had a median break. He remarked that if the consultant’s alternative did not include this median break then the plan was not comparable to the current proposal and is invalid. He suggested that an access road to Alcosta utilize the large field and take the traffic problem away from Old Ranch Road. He added that the Fire District’s Ordinance 18’s required access states that a minimum of 2 public/private access roads for 150 homes is needed. The District’s statement does not comply with its policy. He noted that Mr. Mentink of the San Ramon Fire Valley District represented the fire code as a minimum standard and felt that the City would be at risk

Kamna Narain asked the Council what it was about this project that warrants a change to the City’s General Plan. She thought that the project would contribute to a potential traffic problem and this is important because many residents would be impacted. She asked why this project would make San Ramon a better place to live.

Diane Schinnerer addressed the traffic access point issue. She noted that she uses Timbercreek Road but that it is not inconvenient to use Old Ranch Estates Road. She asked if the bollards on Timbercreek will really be break-aways so that residents of Old Ranch Estates Road and Old Ranch Estates Drive could exit in an emergency.

David Seltzer spoke out against the project in its entirety. He expressed concern about the geology with the homes on the ridge, the aesthetics for the east side of Alcosta, and the change in zoning. He commented that the City needs revenues but not at the cost of losing the beauty of its hills. He asked if the Council wanted to have this unnecessary project as part of their legacy to the City.

Pat Tuohy expressed concern regarding the open space. He commented that a GHAD is a funding mechanism to repair geological damage and was not appropriate as the owner of open space to preserve it from development. He reminded the Council of a similar street closure situation for Broadmoor Drive. He added that those residents adapted and remarked that the residents of Old Ranch Estates will manage without the shortcut through Timbercreek Road.

Ann Marie Johnson remarked that the City did not need 54 homes at this location. She asked that the Council consider mitigation at the intersection of Old Ranch Estates Road and Old Ranch Road. She noted that closing Timbercreek eliminates bike access and walking access. She pointed out the need for a four way stop at Old Ranch Estates Road and that the street should be striped.

George Pagano opposes the closure of Timbercreek Road because it does not take into consideration the impact to the 35 homes in Bent Creek Valley. He noted that this is a young neighborhood and as the children get older and start to drive, they will be forced to deal with one access. He reminded the Council about the petition that was submitted at the March 22, 2005 hearing. He asked the Council to remember the petition and the communication which it has received when making their decision.

Denis Viers reminded the Council that the Planning Commission vote was unanimous. He added that he came to present the answers to calls which he has received. He stated that the Planning Commission would never have voted for the project if the open space component was not assured. He noted that a project is underway by the Housing Advisory Committee regarding how in-lieu fees will be spent. Although the homeowners’ association can maintain the open space, he remarked that it depends upon how it is set-up. He reviewed the Department of Real Estate’s procedures and the subdivision report that must be developed. He outlined the procedures that Davidon must complete in order to finish the project. He noted that there are very strict rules that govern a developer before the property is available for sale. He noted that the Association of Bay Area Governments tells the City how many homes to provide for its workers. The Housing Element requires the City to identify sites, build homes and make affordable housing available. He added that if this project does not go forward, there is a distinct possibility that federal funds may be withheld.

Mayor Wilson called a five minute recess at 9:48 p.m. The meeting reconvened at 10:15 p.m. with all Council members in attendance. Mayor Wilson closed the public hearing.

Jeff Thayer, Vice President of Davidon Homes, addressed four major points. He assured the Council that Davidon would execute whatever mechanism the City requires to ensure the open space. He felt that 54 homes was a good trade off for the open space. Regarding the Davidon lawsuit, he commented that the 1989-1990 Council had a contentious relationship with Davidon for the Old Ranch I project. That Council tried to lock 145 acres for open space. He noted that the lawsuit could be resurrected. He has recommended to Davidon that they make modifications to the project to take care of the problems associated with the development. He recommended to Davidon that they not proceed with the lawsuit. He believes that if the project is approved, the lawsuit would disappear.

Residents of Timbercreek Road were concerned about the impact of traffic on their street because of the project. Mr. Thayer said that the cul-de-sac makes sense because traffic from Old Ranch Estates will make a right turn onto Old Ranch Road rather than using Timbercreek so traffic jams will not be created.

Mr. Thayer noted that there are no safety issues. The EVA can be designed to create the break away requirement for any vehicle to pass through. In response to the question about making a change to the General Plan, he noted that the General Plan is the normal way to change agricultural designation to open space or residential. Because this is an infill project, he felt that a change to the General Plan is merited. Mayor Wilson asked about the two homes that had been eliminated from the original plan. Mr. Thayer noted that this area will become part of the common area for the HOA.

Vice Mayor Livingstone referenced email questions concerning the two lots on Old Ranch Estates Drive that are not developed. Mr. Thayer replied that the property was deeded over to the City. As part of the final map, the old easement should be quit claimed to the City. Vice Mayor Livingstone asked if the project homes are at least 100’ away from each other. Mr. Thayer noted that the distance between homes averages 250’.

Mr. Mowery reported that the intersection of Old Ranch Estates and Old Ranch Road is just below the threshold for a signal warrant. He recommends that the City continue to monitor this location as a traffic signal may be warranted in the future. He added that access at Timbercreek and Old Ranch Court did not provide a median break and did not satisfy the sight/distance requirements for a left hand turn thus creating a safety concern. He noted that an access could be located farther north on Alcosta but that they tried to utilize existing roadways. Other options include additional right-of-ways which would be an expense to the City. Vice Mayor Livingstone questioned if a median could be added to eliminate the confusion on the turn at Old Ranch Court. Mr. Mowery replied that it would be possible to add a median improvement.

District Engineer/Division Manager Maria Robinson provided information about the function of a GHAD. She noted that it is a funding mechanism to mitigate, prevent or abate geological hazards for present and future situations. The GHAD Plan of Control describes the uses of the open space and its maintenance. The GHAD is overseen by the GHAD Board of Directors which is the City Council. They control what can be done in the open space. If the GHAD does not own the open space, an option would be to establish a land trust.

Mayor Wilson asked for clarification on the Fire District’s code. Mr. Mentink noted that the fire code is a model code adopted by the State with amendments as a minimum state fire code. The code can be modified but the modification must meet or exceed the basic code. The language regarding the number of access points is a local amendment. The State has no language that addresses the number of access points. Mr. Mentink stated that the Fire District has analyzed the project and the cul-de-sac and feels it is reasonable to accept the project. Mayor Wilson asked if the residents in the project are in any jeopardy. Mr. Mentink replied that the project meets the District’s access requirements.

Vice Mayor Livingstone questioned the parking for the in-law units. Ms. Chamberlain commented that the applicant has to go before the Architectural Review Board for review and approval of the house plans and parking requirements.

Vice Mayor Livingstone expressed concerns regarding the bollards and if a citizen could drive over them. Ms. Chamberlain responded that the preferred option is the O’Keefe model but that break-aways can always be used inappropriately by residents.

Mayor Wilson questioned RS10 as the standard for the ratio of home size to lot size. Ms. Chamberlain responded that this is the base which has been established for this project. RS10 is the standard for the City. She noted that 10,000 square feet is the prevailing lot size for this project but that there are smaller lots in the area.

Cm. Perkins asked how many bollards would be required. Mr. Mentink said that 5-6 bollards for the 20’ wide EVA would be appropriate.

Cm. Perkins stated that in order to cast a no vote, he would need to believe that the plan is substantially broken and that the Planning Commission would work with staff, citizens and the developer to fix what is broken. He asked that the Council consider two conditions for approval: that all traffic impact fees will be paid for all units built including the in-law units; and that the traffic signal at Old Ranch Road and Old Ranch Estates Bent Creek will be installed as part of this project. The cost would be apportioned to the Dougherty Valley projects and Old Ranch Estates II.

Cm. Hudson noted that at the second hearing, no opposition to the project was expressed but at this hearing there were three objections. The 54 homes are justified by the ABAG requirement. He reminded the Council that San Ramon was zoned as open space before the change to accommodate housing. He added that because the City adopted Ordinance 197, the City lost Dougherty Valley to the county. He suggested that the Council listen to the Planning Commission. He added that the project neighbors worked out a compromise and convinced him to support the cul-de-sac and the project.

Cm. Rowley addressed the traffic and Measure J issues. She reviewed Measure J and the plans to expand the San Ramon Valley bus program. She noted that a lot of the traffic is involved in transporting students to and from school.

Vice Mayor Livingstone stated that he could support either the full or one way closure of Timbercreek Road. He expressed concern that the current Conditions of Approval would limit work on Saturdays to interior construction. He stated that the project should be completed as soon as possible and did not want to include this limitation. He requested that all 9 secondary units be built to satisfy the affordable housing requirement. He noted that Mr. Thayer has tried to make as many people happy as possible. He wants to ensure that the Council does nothing to require that the project return to the Planning Commission for review.

Mayor Wilson asked for clarification on whether the Planning Services Director’s or the Council’s action is required for additional Planning Commission review. The City Attorney responded that the Council’s changes are not substantial and so would not necessitate Planning Commission review. He promised to study Cm. Perkins’ conditions.

Mayor Wilson stated that the quality of life in San Ramon is the key issue and the Council should decide what is best for the City. He added that Davidon has a right to develop its property. Vice Mayor Livingstone asked to clarify that there is consensus among the Council regarding the Timbercreek Road cul-de-sac. He thanked Mr. DeLano for his time and efforts in researching the traffic issues.

The Interim City Clerk reviewed the emails and correspondence which had been received for the record. Communications were received from Denise Turnquist, Mike and Kim Carter, Bill Prewitt, Joan Prewitt, Jim Delano, and Ken Campbell.

Cm. Hudson read comments from Scott Armanini’s speaker card and noted that Mr. Armanini supports the project provided that it is approved with Timbercreek Road as a cul-de-sac.

Cm. Hudson moved that the City Council declare their intent to certify the Environmental Impact Report and approve the General Plan Amendment 02-400-001 and Rezoning 02-600-001 as presented and include the conditions outlined by Vice Mayor Livingstone and Cm. Perkins. Cm. Perkins seconded the motion. Vice Mayor Livingstone requested audio approval from the Council that they approved the cul-de-sac plan. Mayor Wilson asked the City Attorney if the Council could vote without expressing its consensus. The City Attorney said that the consensus doe not require a vote. Mayor Wilson asked the City Attorney if changing from a complete closure of Timbercreek Road to a one way option was a significant change. The City Attorney responded that it was a significant change because the majority of public input discussed that issue. Mayor Wilson requested a roll call vote. All Councilmembers voted aye. The motion passed 5-0.

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Report of Transportation Advisory Committee.

Postponed to the April 26, 2005 Council meeting.

The City Manager had no comment.

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Mayor Wilson informed the Council that information pertaining to the Urban Limit Line (ULL) was included in their packet. He asked that they provide him with input prior to the April 28, 2005 ULL meeting. He emphasized that the City is in control of its destiny. He thanked the Council for their participation in the Teen Job Fair.

There being no further business, Mayor Wilson adjourned the meeting at 11:20 p.m.

Signed:
H. Abram Wilson, Mayor
Patricia Edwards, Interim City Clerk

Approved as corrected at the May 10, 2005 City Council meeting, 4-0, Vice Mayor Livingstone absent.