These minutes are considered draft in nature and will not be official until adopted by the City council

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ƒƒƒƒ MINUTES OF THE MEETING OF THE PLEASANTON CITY COUNCIL June 6, 2006 CLOSED SESSION: Conference with Legal Counsel concerning the terms and conditions of extending a 2001 Settlement Agreement with Jerry Wagner. This item was continued indefinitely. Conference with Legal Counsel concerning potential litigation concerning Lyon Venture Capital’s decision to sell the units at its Stoneridge Apartment complex. 1. CALL TO ORDER Mayor Hosterman called the regular meeting of the City Council to order at 7:04 p.m. Councilmember Sullivan led the assembly in the pledge of allegiance. Councilmember Sullivan made the following announcements: Until 8:00 pm this evening, the City Clerk’s office will be open for voting. You may vote electronically or turn in your absentee ballot. The City Clerk’s office is located at 123 Main Street in downtown Pleasanton. The Senior Center will be hosting a Newcomer’s Welcome Reception on Wednesday, June 7 at the Pleasanton Senior Center on Sunol Boulevard from 10:30 am to 12:00 noon. Come for an informational talk that introduces the activities, classes and services available through the Senior Center. For more information call 931-5365 or email [e-mail] Tomorrow evening – Wednesday, June 7 – is the next First Wednesday Street Party. Come on downtown between 6:00 and 9:00 pm to enjoy food, fun and a Mardi Gras celebration. Pleasanton Playhouse is now producing ...

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• Publié par: Chowyong
• Nombre de lectures: 29
• Langue: English

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MINUTES OF THE MEETING OF THE PLEASANTON CITY COUNCIL

June 6, 2006

        CLOSED SESSION:   Conference with Legal Counsel concerning the terms and conditions of extending a 2001 Settlement Agreement with Jerry Wagner . This item was continued indefinitely .     Conference with Legal Counsel concerning potential litigation concerning Lyon Venture Capital’s decision to sell the units at its Stoneridge Apartment complex.   1. CALL TO ORDER   Mayor Hosterman called the regular meeting of the City Council to order at 7:04 p.m. Councilmember Sullivan led the assembly in the pledge of allegiance.   Councilmember Sullivan made the following announcements:   ƒ  Until 8:00 pm this evening, the City Clerk’s office will be open for voting. You may vote electronically or turn in your absentee ballot. The City Clerk’s office is located at 123 Main Street in downtown Pleasanton.   ƒ  The Senior Center will be hosting a Newcomer’s Welcome Reception on Wednesday, June 7 at the Pleasanton Senior Center on Sunol Boulevard from 10:30 am to 12:00 noon. Come for an informational talk that introduces the activities, classes and services available through the Senior Center. For more information call 931-5365 or email [e-mail]   ƒ Tomorrow evening – Wednesday, June 7 – is the next First Wednesday Street Party.   Come on downtown between 6:00 and 9:00 pm to enjoy food, fun and a Mardi Gras celebration. ƒ    Pleasanton Playhouse is now producing Steel Magnolias  from June 2 through June 25 at the Pleasanton Playhouse Studio Theatre on Serpentine Lane. The shows are Friday and Saturday evenings at 8:00 pm and Sundays at 2:00 pm. Tickets prices range from $18 - $20 and can be purchased from Pleasanton Playhouse be calling 462-2121 or via email at www.pleasantonplayhouse.com

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ƒ  The entire City Council offers congratulations to all the seniors graduating from our high schools. You’ve worked hard, achieved a lot and will soon embark on a new adventure. The Pleasanton community is proud of you. And while this is a wonderful achievement to celebrate, think about the safety of yourself and others as you attend parties and other events. We want all of you to enjoy a long and prosperous life.   2. ROLL CALL   Interim City Clerk Jacquelyn Diaz called the roll, which was recorded as follows: Councilmembers present were Steve Brozosky, Cindy McGovern, Matt Sullivan, Jerry Thorne, and Mayor Hosterman. Staff members present were: Nelson Fialho, City Manager; Michael Roush, City Attorney; Rob Wilson, Director of Public Works; Jim Wolfe, Director of Parks and Community Services, Jerry Iserson, Director of Planning and Community Development; Larissa Seto, Assistant City Attorney; Lisa Adamos, Economic Development Department and Steve Bocian, Assistant City Manager.   3. AGENDA AMENDMENTS   Mr. Fialho stated that item 6(c) would be removed from the agenda this evening and it would be rescheduled to a future meeting.   Mr. Fialho announced that a message from Mr. Kevin Close, a Happy Valley resident, had been received in regards to item 4(g). The memo has been submitted to the Council.   4. CONSENT CALENDAR   Mayor Hosterman read the memo submitted by Mr. Kevin Close. Mr. Close is concerned that three representatives selected by the County to serve on the Happy Valley Blue Ribbon Committee skew the geographic representation too far to persons who live on Happy Valley Road.   Ms. McGovern commented on item 4g and asked if the Council is being asked to ratify the entire list. She asked that Mr. Closes’ comments be sent to the staff at Alameda County.    Mr. Fialho clarified that they were ratifying only the Council representatives, not the County’s. He stated that Mr. Close’s comments could be forwarded to the County.   Mr. Sullivan requested item 4j be removed from the Consent Calendar for discussion.   Mayor Hosterman noted that the PUSD also has this item on its current agenda and suggested that the item be placed first on the regular agenda. Council concurred.   Mr. Thorne requested that the May 16 minutes reflect the final comments and thank you’s that were received on the Bernal Property issue. The City Clerk indicated the minutes would be amended.

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  It was moved by Mr. Brozosky, seconded by Mr. Thorne, that the following actions under the Consent Calendar be taken:     a. Approved minutes of the 05/16/06 meeting with Mr. Thorne’s amendments.   b. Actions of the Zoning Administrator and Planning Commission. (IR 06:023)   There was no action taken or required on this item.   c. Approved the monthly disbursements and investment report for April 2006. (SR 06:150)   d. Commended school safety valet students of the year.     e. Approved the “As Needed” contracts for various out-sourced services. (SR 06:120)    f. Adopted Resolutions 06-042, 06-043, 06-044, 06-045, 06-046, 06-047, 06-048, 06-049, 06-050 and 06-051, resolutions to review and approve the engineers report and budget and set public hearings for the 2006-07 annual assessments for landscape and lighting district 1984-1 (Ponderosa-Del Prado), 1993-1 (Windsor), 1993-2 (Bonde Ranch), 1994- 1 (Oak Tree Farm) and 1995-1 (Moller Ranch). (SR 06:143)   g. Adopted Resolution 06-038 appointing representatives to serve on the Happy Valley Blue Ribbon Committee. (SR 06:123)     h. PUD-90-19-11M, Richard Ragsdale  - Approved application for a minor modification to an approved development plan (PUD-90-19, Moller Ranch) to reduce the rear-yard setback from the approved 25 feet to 17 feet and to increase the floor area ration (FAR) from the maximum allowable 35 percent to 36.8 percent, in order to allow the construction of an approximately 133-square-foot sunroom in the rear of the existing residence located at 8242 Moller Ranch Drive. (IR 06:024 )         i. Adopted Resolution 06-039 designating the City Manager and the Assistant City Manager as the California Office of Emergency Services “Authorized Agent” for the City of Pleasanton. (SR 06:160)     j. Approval of Additional Funding for Renovation of Donlon Elementary School Athletic Fields. (SR 06:161) This item was removed from the consent calendar to the regular agenda item 6 (1a)    The roll call vote was taken as follows: AYES: Councilmembers – Brozosky, McGovern, Sullivan, Thorne, and Mayor Hosterman NOES:   None ABSENT: None ABSTAINED: None     Pleasanton City Council 3 06/06/06 Minutes

  5. MEETING OPEN TO THE PUBLIC   Lisa Adamos, Economic Development Specialist introduced police sergeant Michael Collins. Sgt. Collins provided a brief presentation on the school valet program and that approximately 180 school valets participate throughout the School District. He stated that these students exhibit leadership and community character traits and presented commendations to seven students who have exemplified leadership and to two outstanding adult volunteers.   Mr. Sullivan read the commendation for the students being recognized.   Mr. Doug Miller a Pleasanton resident, inquired about the Mayor’s recent trip to the U.S. Conference of Mayors. He questioned how the conference relates to community issues.   Mayor Hosterman commented on the trip and the regional work that occurs with several other cities to achieve federal funding for local projects.   Shawn Copenhagen, Vice President of the Friends of Gingerbread Preschool, thanked the City Council for its continued support to Gingerbread Preschool. She presented a $15,000 check to the City of Pleasanton; $3000 is designated for parent education and teacher training, and $12,000 is designated to a new play yard. The preschool will be celebrating 40 years next year and is anticipating a celebration.   Mr. Fialho commented that at the June 20 Council meeting, the CIP budget will be presented. Within the budget, funds will be set aside to begin the process for a new play structure and play area design at Gingerbread Preschool. Funds will be allocated after costs are better identified.   Mr. Jack Dove, Pleasanton resident, commented on his veteran background and that the Pleasanton cemetery is a treasure with founders from the Valley area. In addition, there are almost 500 veterans interned at the site. He considers this a community cemetery; it should not be compared to other projects. He suggested that the City acquire both cemeteries and appoint a separate management company, which would use volunteers to assist in the maintenance. He urged the Council to move forward with this project.   Mayor Hosterman closed the meeting open to the public.   6. PUBLIC HEARINGS & OTHER MATTERS   6a(1) Approve of Additional Funding for Renovation of Donlon Elementary School Athletic Fields ( SR 06:161)    Jim Wolfe, Director of Parks and Community Services, presented the staff report.   Mr. Sullivan wanted to discuss how projects are prioritized. The Council’s five priority projects have been the focus but, now this is coming forward and it has been funded at $500,000. He is struggling with how Council makes their decision and where the funds come from. Many projects are coming in higher than expected. Many have been suggested to be     Pleasanton City Council Minutes

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funded out of the CIP reserve. We don’t know the costs on some of the projects. Kottinger Creek was not fully funded.   Ms. McGovern reviewed the history of the Donlon Renovation project. The Parks Commission had recommended that the City pay 2/3 and the school district pay 1/3 for the project. It was originally projected to cost $4.05 million. They went back and brought it down to $650,000 for a high quality 9-acre park.   Mr. Brozosky commented that this project buys 9 acres for sports; it is highly leveraged funds with a 50-50 split. When an opportunity comes by, it should be done. This is a great project. If approved, it will be started this summer and would be usable fairly soon.   Mr. Wolfe responded the work should be done this fall and then available possibly by next spring.   Mr. Brozosky commented on the positive relationship with the schools; 9 acres available to the community; just because it isn’t on the top 5, this is worth it for the community benefit.   Mayor Hosterman invited public comments. There were no speakers.   Mayor Hosterman closed the public comments.   Mayor Hosterman commented that it is a good project with the school district; but appreciates that Mr. Sullivan pulled the item for comment. Council is being asked to add funds to a project, when only recently the Council held back funds on a priority project. She recognizes that they are going through a process to learn how to fund projects. Now we have to find out if the project estimates and its actual costs are in sync. She asked the City Manager to comment on funding projects and a method to develop a process to fund and prioritize projects.   Mr. Fialho provided some history on this project. Today the project is substantially different than originally planned. He suggested that Council may want to fund the design only; then they can concur on the project earlier. This helps to identify the priorities. In the past, funds have been set aside early, but it becomes an artificial number because the real number comes up after the bid process.   Mr. Thorne commented on the Delucchi Park restroom project as an example of bid numbers being different than estimates. It is a long process; people don’t like making decisions without numbers. We have to get to a point that the Council does not set up expectations to the public. He gave the example of Kottinger Creek. That project had aspects that had nothing to do with creek restoration. He stated that the benefit and the costs did not match, but that public expectations became a factor. Council will not make a decision until there are real numbers established. There is an expectation by the community that all the projects will be done and completed. It is never a done deal until the bid is received.   Ms. McGovern raised a concern that projects seem to evolve. When the project first comes in, it doesn’t seem large but later there are “add-ons’.   It was moved by Ms. McGovern, seconded by Mr. Brozosky to include additional funding for Donlon School renovation as indicated in the staff an allocate an additional     Pleasanton City Council Minutes

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150,000 toward the joint project with the Pleasanton Unified School District (PUSD) to renovate the athletic fields at Donlon Elementary School.   Mr. Brozosky commented that council members may support a project, but not necessarily at an unlimited level.   Mr. Sullivan stated he would not support the motion. He indicated he agreed with Councilmember McGovern that working with the District was good. He wants some integrity to the process. How do they explain this to the Kottinger Creek neighbors who wanted full funding? They need to look at community need and urgency. They should ask what is needed. He believed it is a good project but perhaps it should be built later.   Mayor Hosterman stated that his has been a good discussion. Staff has also been dealing with this issue.    The roll call vote was taken as follows: AYES: Councilmembers – Brozosky, McGovern, Thorne, and Mayor Hosterman NOES:   Councilmember - Sullivan ABSENT: None ABSTAINED: None   6a (2) Review of Bids and Award of Contract for Delucchi Park Public Restrooms, Project No 038030 ( SR 06:086)    Steve Bocian, Assistant City Manager, presented the staff report.    Mayor Hosterman stated that the matter has been before the Council in prior meetings. It looked like public restrooms were very much needed in the downtown. She cited previous designs; does not want to piecemeal the project. She asked the cost of the original project.   Mr. Bocian stated that it was original costs were but the project was never fully put out to bid. He stated that the fundamental project and design are what is presented.   Mr. Thorne asked about the status of SB1431.   Mr. Fialho commented that SB1431 deals with design build concept.   Mr. Brozosky stated that under SB1431 the threshold is $2.5 million. He believed this project needed to be done. Extending the utilities has added greater costs to the project.   Mr. Fialho stated that he thought the architect originally did not know how far the offsite utilities would have to be extended.   Mr. Brozosky asked what was learned from this in order to make changes in the future and that he is supportive of the project.   Mr. Bocian responded staff worked closely with the architect. There is not much that can be done to guess the market. Staff removed a few things in order to lower costs.     Pleasanton City Council Minutes

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  Ms. McGovern thought the Council wanted more than one restroom in the downtown, but in another location. It does not provide many facilities for a large event. Is this one facility enough? Should more than four facilities be added to the men’s’ room?   Mr. Fialho stated there is more room to accommodate this, but does not want to add more design costs to the project. There is benefit to seeing this project through in order to assess the use.   Ms. McGovern would like to look into the reasons that the bids are coming in so much higher. Could it be due to a short supply of materials?   Mr. Fialho stated he has heard that this is a problem and that it affects large projects. Hard to understand that on a project of this size, where a large amount of steel is not used. He stated that Mr. Bocian had done a good job on reducing costs for this project. He would caution against adding more facilities to this due to potential escalating costs.   Ms. McGovern commented on the electronic flush valves and was concerned about the facilities being cleaned.   Mr. Bocian commented that they are intended to be retrofit.   Mayor Hosterman invited public comments.   Michael O’Callahan, a Pleasanton resident representing the Pleasanton Downtown Association design group, indicated the PDA supports the project.   Christine Saldivar, representing the Pleasanton Downtown Association indicated the PDA was aware of the costs but recognizes that the facilities are greatly needed. She also indicated she supported the project.   Judy Wheeler-Diter, a Pleasanton resident urged the Council to approve the project.   Mayor Hosterman closed the public comments.   Mr. Sullivan indicated he supports the project and understands the cost. He believed there are many reasons this is happening. Council’s setting expectations by referring to the “budgeted funds” rather than cost estimates. He commented on the utilities and costs. Staff has done a good job in trying to work through the costs. This project meets the overriding community need aspect. Because restrooms downtown could be needed in other locations, he would like those conversations to continue.     It was moved by Mr. Sullivan, seconded by Mr. Thorne to approve staff recommendation as indicated in the staff report. To review the bids received and award the contract for construction of t ’ he base bid.  To include wood slats and wood trellis  near the door outside the women s restroom, provide wood beam and screen toward W. Angela Street along the building axis and provide three wooden benches outside the restroom building. To authorize a project construction contingency as indicated in the report. Authorize the transfer of funds from the Downtown Specific Plan project to meet     Pleasanton City Council Minutes

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projects costs and authorize the City Manager to execute a contract for this project and a change order as indicated in the report . To include amendment made by Councilmember McGovern to direct staff to include electronic flush valves.   Mr. Brozosky asked for clarification on the motion related to recommendation a1-a3. He asked if there would be additional costs for hooking up utilities and permitting.    Ms. McGovern asked about the electronic flush valves.   Mr. Fialho indicated staff would work with the contractor on these issues.     Ms. McGovern amended the motion to include directing staff to work with the contractor to include electronic flush valves.   The roll call vote was taken as follows: AYES: Councilmembers – Brozosky, McGovern, Sullivan Thorne, and Mayor Hosterman NOES:   None ABSENT: None ABSTAINED: None   A break was taken at 8:50 p.m.   The meeting reconvened at 8:56 p.m.   6b Resolution Placing on the November 7, 2006 Ballot an Initiative Measure for the Approval of the Bernal Property Phase II Land Use Plan; Determination Regarding Ballot Arguments for the Initiative; and Resolution Requesting Consolidation with the Statewide General Election and Establishing Various Election Procedures (SR 06:158)    Larissa Seto, Assistant City Attorney, presented the staff report.   Mr. Brozosky raised concern over the land use sub area map. Technically the Community Park and school are part of the diagram. Voters may think they are voting for those even as they designated on the map.   Ms. Seto responded staff had concerns that to delineate those areas would require too much cross-hatching, which may confuse the community.   Mr. Brozosky stated the map and land use descriptions are sufficient, but wanted to discuss including the Master Park Plan.   Mr. Sullivan asked if the voters repeated the initiative, how would that affect the Phase I sports fields?   Mr. Fialho thought it might not have an impact. The Council has adopted the Master Plan, and the only reason to include it in the ballot language is to help the community understand that it is all tied together.     Pleasanton City Council 8 Minutes

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  Mr. Brozosky would like it to get adopted by the people. Voters will look at the ballot language and map. Most will not read the full text.   Mr. Roush indicated if Council decides to go that direction, it would it be better to mark the area differently, with a legend included.   Mr. Brozosky would like it more consistent; he wanted to get the idea across of the grand park. He thought that the Bernal Plan may not indicate the park; voters might think it is housing.   Ms. Seto showed a revised map available to use. She suggested there could be different ways to delineate the different uses.   Ms. McGovern stated this is a very exciting project; but the verbiage does not seem exciting; it looks repetitive; the different community facilities or features are not identified. She would like to include some excitement in the ballot language. This is a great addition to the community.   Mr. Fiaho stated the community is being asked to look at the project; one way to excite the community is through the ballot argument; another way is to have an exciting public information campaign. The illustrative plan will be included on the website. There will be a show on CTV 30 that explains the process and the project.   Ms. McGovern raised concern about not wanting the City to appear as influencing the vote. Water features, a soccer stadium, and play fields were discussed and she would like them to be highlighted somewhere. She has an issue with the school site; it was not a part of the land donated to the public. This looks like the school site is included in the acreage and that may be confusing.   Mayor Hosterman stated Council will want to select ballot language. Council will select two members to create exciting and supportive language in the argument.   Mr. Thorne asked for definition of a tie vote selected by lot. If we include the community park plan and the initiative does not pass, do we or do we not have to stop work on the park.   Mr. Roush stated this initiative is a “later in time’ initiative.   Ms. Seto reported on Measure X in 2004; the language was purposely distinct between Phase I and Phase II. Phase II refers to the remainder of the City-owned property.   Mr. Sullivan stated that Measure X does not refer to the community park.   Mayor Hosterman opened the public hearing.   There were no speakers. Mayor Hosterman closed the public hearing.   Mayor Hosterman asked Council to move forward with the ballot language.   Mr. Brozosky inquired, when Council sponsors an initiative, is there an intent section?       Pleasanton City Council Minutes

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Ms. Seto identified the intent section of the initiative.   Mr. Sullivan indicated he agreed with option 1 and believed the “grand park design concept” could be included. He asked to keep it simple and clear and that if voters are interested, they will follow up.   Mayor Hosterman stated the language should begin with “Shall the Bernal Property….”   It was moved by Mr. Sullivan, seconded by Mr. Thorne to approve the ballot language as “Shall the Bernal Property Phase II and Use Plan, comprised of the “grand park” design concept, as approved by the City Council, be ratified? Adopt the resolution placing on the November 7, 2006 ballot an initiative measure for approval of the Bernal Property Phase II Land Use Plan. To select two Council members to author the direct argument in favor of the initiative for future consideration by all councilmembers. To allow rebuttal arguments, and establish deadlines for submittal of the arguments. To adopt Resolution 06-040 to consolidate the municipal election with the statewide general election and establish related election procedures.   The roll call vote was taken as follows: AYES: Councilmembers – Brozosky, McGovern, Sullivan Thorne, and Mayor Hosterman NOES:   None ABSENT: None ABSTAINED: None   Mayor Hosterman asked who wanted to serve on the committee.   Mr. Thorne volunteered to serve.   Ms. McGovern indicated her willingness to serve.   Mayor Hosterman noted that all councilmembers have been very interested in this issue.   Ms. McGovern stated that all councilmembers have an interest in this issue and can alter the draft language if needed.     It was moved by Mayor Hosterman, seconded by Mr. Sullivan to appoint Councilmembers Thorne and McGovern to serve on the committee to draft an argument in favor of the initiative.   The roll call vote was taken as follows: AYES: Councilmembers – Brozosky, McGovern, Sullivan Thorne, and Mayor Hosterman NOES:   None ABSENT: None ABSTAINED: None   It was moved by Mayor Hosterman, seconded by Mr. Sullivan to adopt Resolution 06-040, to consolidate the November 7, 2006 election with the Statewide General Election, to set the dollar amount for candidate filling, and approve other related procedures.     Pleasanton City Council 10 Minutes

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  The roll call vote was taken as follows: AYES: Councilmembers – Brozosky, McGovern, Sullivan Thorne, and Mayor Hosterman NOES:   None ABSENT: None ABSTAINED: None   Mr. Brozosky acknowledged that the Bernal Property Task Force was not mentioned in the resolution but should be in process and he believed the task force should be included in this process.   6c PUD-54, Threehand, LP, Reznick Property – Application for planned unit development (PUD) development plan approval to subdivide an approximately 20-acre site located at 5 Windy Oaks Drive into eight-lots, consisting of seven single-family lots for custom homes and one lot for a City water tank  (SR 06:155)   This item was continued to a future meeting.   6d PUD-77-08-1M, Laurence Callait – Application for a major modification to an approved PUD development plan (PUD-77-08) to reduce the side-yard setback from the approved eight feet to five feet to allow the construction of single-story additions totaling 637 square feet to the existing g two-story residence located at 5745 Northway Road (SR 06:154)   Jerry Iserson, Director of Planning and Community Development, presented the staff report.   Mayor Hosterman inquired why this matter was before the Council.   Mr. Iserson responded that a neighbor’s concern was that this item would change the requirements for the area.   Ms. McGovern indicated that there must be a reason for the 8-foot set back, which might be privacy and noise and if the house sells, there might be a reason.   Mr. Iserson noted there are not any windows in the area and that it is a single story addition. He stated five feet is a normal minimal side yard set back and that the neighbor had been informed on the issue.   Ms. McGovern voiced her concern about noise and problems. She asked about the impact to off street parking with the proposed change.   Mr. Iserson stated there was no parking impacts because the driveway was not being impacted.   Mr. Thorne inquired about the CC&R’s for the development.       Pleasanton City Council 11 Minutes

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