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

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MINUTES OF THE MEETING OF THE PLEASANTON CITY COUNCIL June 20, 2006 CLOSED SESSION: Conference with Legal Counsel concerning potential litigation with the Lyon Venture Capital concerning the Stoneridge Mall Road condominium project. 1. CALL TO ORDER Mayor Hosterman called the regular meeting of the City Council to order at 7:01 p.m. Councilmember Thorne led the assembly in the pledge of allegiance. Councilmember Thorne made the following announcements: • This weekend begins the free Shakespeare in the Park performances, which is featuring The Tempest. It will be playing on upcoming Saturday and Sunday evenings at Pleasanton Middle School. • Sunday, June 25 will be the annual Wine and Roses Event at the Rose and Pleasanton Hotels. This is a fund raising event for children’s charities. th• Pleasanton Senior Center is sponsoring two fun field trips. On June 28 the Center will thbe attending the Alameda County Fair and on July 13 members will take a bus to the Oakland Zoo. • The next First Wednesday event sponsored by the Pleasanton Downtown Association will be held on Wednesday, July 5 from 6-9 p.m. on Main Street. The theme will be Red, White and Blues. th• The July 4 City Council meeting has been cancelled; the next regularly scheduled thmeeting will be Tuesday, July 18 . th• The County Fair Parade on Main Street will begin at 11 a.m. on Saturday, June 24 . Pleasanton City Council Minutes 1 06/20/06 2. ...

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  MINUTES OF THE MEETING OF THE PLEASANTON CITY COUNCIL June 20, 2006

        CLOSED SESSION:   Conference with Legal Counsel concerning potential litigation with the Lyon Venture Capital concerning the Stoneridge Mall Road condominium project.   1. CALL TO ORDER   Mayor Hosterman called the regular meeting of the City Council to order at 7:01 p.m. Councilmember Thorne led the assembly in the pledge of allegiance.   Councilmember Thorne made the following announcements:   •  This weekend begins the free Shakespeare in the Park performances, which is featuring The Tempest . It will be playing on upcoming Saturday and Sunday evenings at Pleasanton Middle School.   •  Sunday, June 25 will be the annual Wine and Roses Event at the Rose and Pleasanton Hotels. This is a fund raising event for children’s charities.   •  Pleasanton Senior Center is sponsoring two fun field trips. On June 28 th the Center will th be attending the Alameda County Fair and on July 13 members will take a bus to the Oakland Zoo.   •  The next First Wednesday event sponsored by the Pleasanton Downtown Association will be held on Wednesday, July 5 from 6-9 p.m. on Main Street. The theme will be Red, White and Blues.   •  The July 4 th  City Council meeting has been cancelled; the next regularly scheduled meeting will be Tuesday, July 18 th .   •   The County Fair Parade on Main Street will begin at 11 a.m. on Saturday, June 24 th .    

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2. ROLL CALL   Interim City Clerk Jacquelyn Diaz called the roll, which was recorded as follows: Councilmembers present were Steve Brozosky, Cindy McGovern, Jerry Thorne, and Mayor Hosterman. Councilmember Sullivan was absent and excused. 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; and Steve Bocian, Assistant City Manager.   3. AGENDA AMENDMENTS   Mr. Fialho mentioned the proposed amendments to the 6/6/06 minutes, as requested by Council member McGovern.   Mr. Fialho mentioned Consent Calendar Item 4b, a minor typographical error was found in the staff report; the correct square footage for the project is 434 sq. ft.   4. CONSENT CALENDAR   Mayor Hosterman invited Mr. Don Barrett to speak on item 4c.   Mr. Don Barrett, representing Granite Rock, commented about the requirements for asphalt; he requested the Council to change the specifications to reflect other standards.   Rob Wilson, Public Works Director, commented about the slurry seal material and the other specifications. Other overlay material options are available but they may be more costly. He commented about both the aesthetic issue and the technical requirements.   Mr. Brozosky asked about item 4j and asked if this would this prevent other cellular companies from using the site.   Mr. Wilson commented that it would not, unless another cellular company is affected with the existing services.   Ms. McGovern inquired when a city has property available for this use, how do companies find the locations.   Mr. Wilson noted that any company could look at the approved list for locations currently in Pleasanton; this list is available to all companies to look at.   Ms. McGovern asked if this was the first time that there locations would be used?   Mr. Roush commented that antennae are on some other sites; companies look for areas with structures that are tall. The companies are aware that there are available locations. There are some regulations on the locations.  

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Ms. McGovern voiced concern over reception in the area; whatever is done, we should look at increasing the quality of service to the Pleasanton residents. We should look at the issue of providing better cellular services.   Mr. Fialho stated that this matter would be looked at over the next year.   Ms. McGovern asked on item 4e if there was a way to inform people that their trees were going to be pruned and whether a display advertisement could be placed in the Pleasanton Weekly.   Mr. Fialho stated that staff would let the community know; the area will be divided into zones. Advertisements would be placed in the Weekly to notify residents that this is occurring.   It was moved by Mr. Thorne, seconded by Mr. Brozosky that the following actions under the Consent Calendar be taken:     a. Approved minutes of the 06/06/06 meeting with Ms. McGovern’s amendments.   b. Actions of the Zoning Administrator and Planning Commission. (IR 06:025)   There was no action taken or required on this item.   c. Approved the plans and specifications, reviewed bids and awarded a construction contract for slurry sealing of various city streets, project No. 055004. (SR 06:164)   d. Approved the plans and specifications, reviewed bids and awarded a construction contract and approved a service contract for resurfacing of various city streets, project No. 055002. (SR 06:165)   e. Approved the contract extension with West Coast Arborist (WCA) to include expanding tree pruning work beginning in FY 2006/07. (SR 06:139)   f. Approved the plans and specifications, reviewed bids and awarded a contract for the annual sewer replacement, project No. 052002. (SR 06:138)   g. Approved consultant agreements with CSG Consultants, Inc., Independent Code Consultants, Inc., RK Associates, Inc., and Bureau Verita/LP2A Associates Inc., to provide California Building and Fire Code plan review and field inspection services (SR 06:121)     h. Adopted Ordinance 1935, an ordinance for the application of Laurence and Francois Callait for a planned unit development major modification, as filed under case PUD-77- 08-1M (All Ayes)     i. Approved Fiscal year 2006-07 Open Purchase Orders. (SR 06:172)     j. Approved leases with Omnipoint Communications (T-Mobile) for Cellular Antennae on City property. (SR 06:173)     

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The roll call vote was taken as follows: AYES: Councilmembers – Brozosky, McGovern, Thorne, and Mayor Hosterman NOES:   None ABSENT: Councilmember – Sullivan ABSTAINED: None   5. MEETING OPEN TO THE PUBLIC   Mr. Mark Posson, commented on the removal of the roundabouts. He stated that the roundabouts are very near Councilmember Brozosky’s property and he asked that Mr. Brozosky recuse himself from voting on the issue.   Mr. Brozosky stated that his property is over 500 ft. from the roundabouts, and therefore under legal counsel advice it was not necessary to recuse himself.   Ms. Libby Koler, representing the Chamber of Commerce Toastmasters Club, addressed the Council about traffic in Pleasanton. She invited Council and the general public to the Toastmasters Club on June 28 at noon at the Chamber offices to hear a discussion about the issue.   Ms Rosemary Booth, Livermore-Amador Valley Transportation Authority, encouraged the Council and community to take Wheels to the County Fair.   Mayor Hosterman closed the meeting open to the public.   6. PUBLIC HEARINGS & OTHER MATTERS   6a Approval of Budget Amendments to the FY 2005-06 Mid-Year Budget, The FY 2006-07 Mid-Term Budget and the Capital Improvement Program for FY 2005-06 through 2008-09 ( SR 06:153)    David P. Culver, Director of Finance, presented the staff report.   Mr. Brozosky asked about Pleasanton housing sales, specifically what is the lag time between home sales and the City receiving increased property tax revenue.   Mr. Fialho stated that there is a lag time of approximately one year. Assessed valuations continue to be adjusted annually, but volume of sales has been decreasing, which affects the City’s receipt of transfer taxes. At least the first year that fact should not impact the budget significantly.   Mr. Culver noted that the lag time is for both commercial and residential.   Mr. Brozosky asked about the business license figure.   Sue Rossi, Assistant Finance Director stated that the number of businesses has increased, but gross receipts have gone down.       Pleasanton City Council Minutes

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Mr. Brozosky asked about retiree medical costs and transfer of PERS funds. He asked if it was time for another actuarial, especially due to health care costs.   Mr. Fialho stated an actuary was developed in 2004 and that the Finance Director would conduct an actuarial in the next two-year budget cycle.   Mr. Brozosky stated most cities do not fund the retiree medical. We may need to do something different in the future but this did not need to be addressed at the mid-term.   Mr. Thorne stated that the report was well presented; he asked for an explanation about the 25% and 75% use tax.   Mr. Culver stated that California cities used to get the full $.01 from the County; the County later chose to sell deficit reduction bonds and needed a way to pay them back. The County has a plan to be paid back within the next 9-11 years. Cities now receive $.0025.   Mr. Thorne asked for the definition of a public safety sales tax.   Mr. Culver explained these are the funds from Prop 172, but they represent a very modest amount. The counties receive most of the funds.   Mr. Thorne asked when expenditures are finished in 2006, what will the reserves be? Is it the $19.2 million as stated in the report?   Mr. Culver concurred and outlined the fund levels.   Ms. McGovern asked about retiree medical benefits; are we below what had been predicted in 2004? She also asked when the next actuarial is completed, will we need to increase the amount?   Mr. Fialho stated that the City will need to pay the difference between the prorated and the new actuarial amount. The City is now obligated to state annually our liabilities.   Ms. McGovern asked how often the actuarial is conducted.   Mr. Fialho stated that actuarials are conducted every 2-3 years on average. The City would attempt to follow the model of how PERS reports its actuarials.   Ms. McGovern asked about the additional golf course revenue and if it would go back to pay for the debt obligation.   Mr. Culver said yes.   Steve Bocian, Assistant City Manager, presented the staff report on the mid-term CIP.   Mr. Brozosky asked about the Wayside Park design and when it would come to the City Council to go out to bid.      Mr. Fialho stated the design would probably be presented to Council in the Fall.     Pleasanton City Council Minutes

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  Ms. McGovern commented about the Gingerbread Preschool renovation, expansion and parking lot project. She said that it appears to be close to one million dollars for the entire project.   Mr. Fialho said that was correct and the costs and the projects.   Ms. McGovern said that the City is now placing funds in the CIP Revenue, the funds are to help finish the five projects, and we can put funds away for the future projects. We want to keep funds in the CIP Revenue so we can fund projects in the future. We don’t want to spend all of it on the five projects. This is the only way to fund future projects.   Mr. Fialho stated that staff is supportive of setting aside funds for design, and then later identifying the full costs of projects. The funds for the projects can be placed in the CIP Revenue for later use.   Ms. McGovern stated that the City should try to continue to bring projects in at realistic and cost effective amounts so that more can be completed in the future. She said that the Alviso Adobe chart was incorrect and needed to be changed.   Mayor Hosterman opened the public hearing. There were no speakers. The public hearing was closed.   It was moved by Mr. Brozosky, seconded by Mr. Thorne to adopt Resolution 06- 052 to approve the mid-term budget adjustments including adjustments to reflect changes in revenue estimates for the operating budget and the CIP, amendments to reflect necessary modifications to personnel and non-personnel costs and new CIP projects recommended for funding in FY 2006-07. (All Ayes)   Mr. Brozosky said that there were no surprises in the report. Staff did a good job with the report. He commented on the savings in street sweeping. Changes in workers comp have also benefited the City. Changes at the state level affect cities and businesses, lately these have been helping our operating budget.   Ms. McGovern asked that the budget reflect in the funds donated by the Gingerbread Preschool parents.   Mr. Fialho agreed.   Ms. McGovern said that she was happy with beginning the design process.   Mr. Thorne stated that he was pleased with the report. He will keep looking to the future to make sure the City is financially sound.   Ms. McGovern thanked new Finance Director Dave Culver, retiring Finance Director Sue Rossi, and staff for their work.

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Mayor Hosterman commented that we are lucky to live in a city where current and past staff and councils have worked hard to balance a budget and provide amenities and services to the residents. She cited several projects and facilities that are coming in the future. These are all wonderful activities for a city. She thanked staff for their work.   Mr. Fialho thanked Sue Rossi for her 30 years of service to the City of Pleasanton.   The roll call vote was taken as follows: AYES: Councilmembers – Brozosky, McGovern, Thorne, and Mayor Hosterman NOES:   None ABSENT: Councilmember – Sullivan ABSTAINED: None   6b Approval of Plans and Specifications, Review of Bids and Award of Contract for Vineyard Avenue Roundabout Removal Project CIP No. 055033 ( SR 06:157)   Mayor Hosterman reminded everyone that staff was directed earlier to obtain bids to remove the roundabouts. Tonight they are dealing only with the awarding of the contract.   Rob Wilson, Director of Public Works, presented a staff report.   Mr. Brozosky asked about the accident rate that was provided in the staff report.   Mr. Wilson commented that these are the reported accident reports only. There may be other accidents but they may not have generated a police report.   Ms. McGovern referenced an email discussing the speeds on Vineyard Avenue. City ordinance identified the speed at 50 miles per hour. She asked if we will have accurate posted speed limit signs, especially during the construction.   Mr. Wilson commented that during construction it would be signed at 25 miles per hour for safety. Future speed limit considerations will be brought back to Council   Ms. McGovern inquired what the costs would be to add speed radar signs.   Mr. Wilson responded $10,000 to $15,000.   Mayor Hosterman stated once the roundabouts were being removed, traffic would be diverted.   Mr. Brozosky asked if the City conducted speed surveys since the roundabouts have been installed.   Mr. Wilson said yes.   Mayor Hosterman invited public comments.  

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Dan Carl, a Pleasanton resident, addressed the Council about the removal of the roundabouts. He was concerned about the accidents that have occurred. Balancing the cost of the roundabouts vs. the liability, he supports removal.   Mayor Hosterman closed the public comment period.   It was moved by Mr. Brozosky, seconded by Mr. Thorne to approve staff recommendation to award the contract to Granite Construction Company.   Mr. Thorne stated not all citizens’ support removal of the roundabouts, due to costs. He commented on the accidents; many of the reported accidents were based on unsafe acts. There is a lot of public education to try and change bad habits. The efforts have not worked well so we look at the primary contributing factors; many times it is unsafe conditions. He believes that the roundabouts are contributing to the problem. They may not work well on Vineyard Avenue. It is a lot of money, but they should be removed.   Ms. McGovern said these are a safety hazard to motorists and bicyclists. People unfamiliar with the area do not know how to navigate them. New bike lanes will be installed.   Mr. Fialho stated a mobile speed sign trailer would be placed in the area during to monitor speeds after the removal. You may want to see the impact incrementally.   Mr. Brozosky mentioned that a large number of emails has been sent and believed Council should listen to the community. He believed it is a safety issue. There are several problems with traffic roundabouts. It will get worse when more homes and traffic are there. Bike lanes have not worked well because they have to merge into the traffic circle. There are more houses coming to the Vineyard Avenue Corridor. It is good to complete the project during the summer, before school is back in session.   Mayor Hosterman said she will be the lone dissenting vote this evening. By way of history, the City Council previously approved the roundabouts based on the proposed building of an elementary school; they were built in anticipation of the school and the new homes being built, they were placed to control the traffic. She cited a presentation by the mayor of Carmel, Indiana that has used roundabouts. The city exchanged lights with roundabouts and there have been fewer accidents. They were able to calculate that the use of gasoline decreased. She had hoped Pleasanton would follow this logic. She received a number of e-mails; she appreciates the input but also has to consider the information in the police reports. The accidents have not occurred due to design issues, but speed or driving under the influence. Some emails commented that the Council was dragging the process out. This is a quality of life issue for the community. She indicated it was not her intent for the process to be long. She thinks the Council is being premature in the removal; she would like to wait until the homes are built to monitor the issue. There are other projects in the city to fund rather than this.   Mr. Brozosky believed staff has made the improvements to Old Vineyard Ave.   Mr. Fialho concurred.  

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Mr. Brozosky believed the project should be completed before school resumes. He asked if the Mayor is suggesting placing traffic circles throughout the town. Many of the accidents were not speed related.   Ms. McGovern stated she never voted on the roundabouts and that the school board had concerns about them as well.   Mr. Brozosky noted that he had never voted on the traffic circles either.   Ms. McGovern stated that it is important to remove an element that is creating safety related issues.   The roll call vote was taken as follows: AYES: Councilmembers – Brozosky, McGovern, and Thorne NOES:   Mayor Hosterman ABSENT: Councilmember – Sullivan ABSTAINED: None   A break was taken at 8:39 p.m.   The meeting reconvened at 8:44 p.m.   6c PUD-99-14, Kazuo Hatsushi, Application for PUD development plan approval of a new development consisting of 13 new and one existing single-family homes on an approximately 15-acre site located at 2756, 2770, and 2798 Vineyard Avenye in the Vineyard Avenue Corridor Specific Plan Area. Zoning for the property is PUD-LDR and OS (Planned Unit Development – Low Density Residential and Open Space) District (SR 06:159)   Mayor Hosterman recused herself from the matter, based on the proximity of her property to the matter under consideration and asked that the City Attorney, Michael Roush explain the matter to the public. She asked Council member Thorne to run the meeting in her absence.   Mr. Roush clarified that the FPPC regulations provide that if a matter involves a property within 500 feet of the Council members’ property, the Council member must recuse him or herself from hearing and voting on the matter.   Mr. Brozosky asked about procedure as to who is appointed in the Mayor’s and Vice Mayors absence to run the meeting.   Mr. Roush stated that he would look it up in the Council’s Rules and Procedures.   Jerry Iserson, Director of Planning and Community Development presented the staff report.   Mr. Roush indicated that Council’s operating procedures indicate that if the Mayor and Vice Mayor are not present, the remaining Council designates the Chair.       Pleasanton City Council Minutes

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Mr. Brozosky nominated Councilmember Thorne to preside.   Councilmember Thorne accepted.   Mr. Iserson showed some slides of the proposed projects, including existing views and proposed views.   Mr. Brozosky commented on the conservation and open space easements. He asked if they are different than agricultural easements.   Mr. Roush explained the differences.   Mr. Brozosky inquired if staff could check on the consistent treatment of easements.   Mr. Iserson stated when Clara Lane is completed and then the EVA will no longer be utilized for construction purposes. The Hatsushis will be required provide the connection to Clara Lane in the early part of the project at the same time that Mr. Aermeanian’s work will be done   Ms. McGovern asked if planning staff would be monitoring the timing of the projects.   Mr. Iserson said yes. Staff will monitor the project closely.   Ms. McGovern stated the Emergency Vehicle Access (EVA) goes through city-owned property, which is near Mr. Lloyd’s property. Could this be curved slightly, so that more land was available near Mr. Lloyd’s property?   Mr. Iserson said the Specific Plan identifies the ability to maximize the use of the property. The slope may create some difficulty. Staff can work to move it over as much as possible in order to potentially make it available to Mr. Lloyd.   Ms. McGovern inquired whether the conditions could be changed to allow kitchens.   Mr. Iserson said yes and that language comes from the Specific Plan. This can be added as a permitted use.   Ms. McGovern would like it to be included as a condition and asked about the well system on the property and whether Mr. Hatsushi could connect to city sewer and water so that the condition can be met.   Mr. Iserson said yes.   Mr. Thorne opened the public hearing.   Mori Hatsushi, property owner, thanked the staff for their guidance and the Council for the opportunity to develop the project. He is here on behalf of his mother and father. His father has wanted to develop a project as a legacy to his family.   Ralph Hughes, representing the Hatsushis deferred his comments to later.     Pleasanton City Council Minutes

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  Ron Lloyd, a Pleasanton resident, stated that his home is closest to the proposed development. He likes the open space but he is impacted by some parts of the project. He would like to acquire and landscape the remaining portion of the land. He has concerns about the EVA being used for construction use. He is concerned about losing his view of the valley. He asked Council not to approve the project, unless there is a specific time frame to stop using the EVA for construction. On Lot 13 he would like a further setback for privacy purpose and a reduction in the peak height of the home to 18 ft so that his view is not lost.   John Pedersen, a Pleasanton resident, is worried about traffic; he would like to see Clara Lane completed before the construction begins.   Frank Jardin, a Pleasanton resident, lives on Clara Lane and has already endured a year and half of construction traffic.   Ron Cote, a Pleasanton resident, commented on the high speed on Montevino Drive and on the dust from previous construction projects in the area. If the EVA is used for construction purposes, more accidents will occur. He suggested that the project get built by using Clara Lane or Vineyard Ave.   Mr. Iserson clarified the City’s role of maintaining the landscaping.   Scott Ratti, a Pleasanton resident, supported the project.   Fred Musser, a Pleasanton resident, supported the project. The City did a good job in approving the specific plan and the Hatsushis have endured the development of many other projects in the area.   Ralph Hughes supported the project. He stated that reasonable people have differing perspectives. Previous Council supported this development, and determined that it is in the best interest of the City. He commented on the use of the EVA and the proximity of the EVA to the Lloyd property. The project has not changed since its initial adoption. He commented on the speeding on Montevino and height issues in the project.   Councilmember Thorne closed the public hearing.   Mr. Brozosky asked if there was any way to move the EVA away from the Lloyd residence.   Mr. Iserson said yes and staff will endeavor to move it as far away as possible. He indicated it might be good to add a condition to address this.   Mr. Brozosky asked why the City is holding on to the remnant parcel.   Mr. Iserson stated it was left over from another development.   Mr. Brozosky asked if there is any connection through the nursery property itself.   Mr. Iserson said no.     Pleasanton City Council Minutes

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