MINUTES OF THE CITY OF SAN RAMON - COUNCIL MEETING
JANUARY 26, 1999

A regular meeting of the City Council of the City of San Ramon was called to order on January 26, 1999 at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino Ramon, Mayor Athan presiding.
PRESENT: Councilmembers Hudson, Kinney, Raab, Welm and Mayor Athan
ABSENT: None
STAFF PRESENT: City Manager Herb Moniz, City Attorney Bob Saxe, Police Chief Obie Anderson, Parks and Community Services Director Jeff Eorio, Transportation Director John Dillon, Public Services Director Jim Estep, Administrative Services Director Jim Randall, Planning Director Phil Wong, City Engineer Joye Fukuda and City Clerk Judy Macfarlane

* * * *

After calling the meeting to order Mayor Athan said the Council had met in closed session for the following: 1) to discuss possible acquisition of real property, 3000 Bollinger Canyon Road - Government Code Section 54956.8, 2) to confer with legal counsel regarding possible initiation of litigation - Imperial Trust Building, Deerwood Road Project - Government Code Section 54956.9(c) , and 3) to confer with legal counsel regarding litigation (Brummett v. EBMUD et al) - Government Code Section 94956.9(a)

PLEDGE OF ALLEGIANCE

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

SPECIAL PRESENTATIONS

The Parks and Community Services Director introduced Linda Miller, Office Assistant II, and said she would be working at the Community Center.

Mayor Athan welcomed Ms. Miller and gave her a City pin.

PUBLIC COMMENT

Dennis Noh, 1502 Dawn Court, spoke in support of a performing arts center in the proposed civic center in Bishop Ranch.

Mayor Athan said the Parks and Community Services Commission was in the process of reviewing options for the civic center and their recommendations would come to Council at a later date.

APPROVAL OF MINUTES

Cm. Kinney's motion to approve the minutes of the January 12, 1999 meeting was seconded by Cm. Raab and passed 5-0.

CONSENT CALENDAR

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

FINANCE Register of Demands dated December 31, 1998 and January 8 and 15, 1999 in the amount of $1,659,896.95

RESOLUTION NO. 99-04
PARK PLACE APARTMENTS

APPROVING FINAL MAP FOR SUBDIVISION 8050 LOCATED ADJACENT TO SAN RAMON CREEK AT THE INTERSECTION OF PARK PLACE AND CREEKSIDE DRIVE (BRADDOCK & LOGAN/PARK PLACE APARTMENTS)

RESOLUTION NO. 99-05
KEN STEVENS/DUBERSTEIN SUBDIVISION

APPROVING FINAL MAP FOR SUBDIVISION 8072 LOCATED ON THE WEST SIDE OF WESTSIDE DRIVE (KEN STEVENS/DUBERSTEIN SUBDIVISION)

RESOLUTION NO. 99-09
EMPLOYMENT MOU CITY MANAGER

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE MEMORANDUM OF UNDERSTANDING REGARDING THE COMPENSATION, TERMS AND CONDITIONS OF OF EMPLOYMENT OF THE CITY MANAGER

RESOLUTION NO. 99-10
COMPUTER LOAN PROGRAM

REVISING THE EMPLOYEE COMPUTER LOAN PROGRAM TO ALLOW REGULAR, PART-TIME NON-PROBATIONARY EMPLOYEES TO PARTICIPATE IN THE PROGRAM IN ADDITION TO FULL-TIME EMPLOYEES

RESOLUTION NO. 99-11
REVISING CITY INVESTMENT POLICY

REVISING THE CITY INVESTMENT POLICY TO INCREASE THE ALLOWABLE INVESTMENT IN MEDIUM TERM CORPORATE NOTES FROM 15% OF THE CITY'S SURPLUS FUNDS TO 30% OF THE CITY'S SURPLUS FUNDS

CONTRACT QUARTERLY REPORT

City Manager & Designated Directorates Contract Quarterly Report / October - December 1998

INVESTMENT QUARTERLY REPORT

City of San Ramon Quarterly Investment Report/October-December 1998

ORDINANCE LASER POINTERS

The City Attorney said two weeks ago the Council introduced an ordinance that would, 1) prohibit the sale of a laser pen or laser pointer to a minor, 2) prohibit possession and use of a laser pointer by a minor unless the minor was under the direct supervision and control of the parents or other adult person authorized to supervise, 3) prohibit anyone, minor or adult, from directing beams from a laser pointer directly or indirectly into the eyes of another and 4) prohibit anyone from directing a laser beam into a moving vehicle. After giving the background he said the ordinance was based on a compilation of ordinances adopted by other jurisdictions and the modification recommended by Council at the last meeting.

No one spoke during the public hearing.

In response to Cm. Raab's question regarding motorcycles, the Police Chief said it was his interpretation that shining a laser beam at or around the operator of a motorcycle would be a violation.

Cm. Welm's motion to adopt the ordinance and waive the reading was seconded by Cm. Kinney and passed 5-0.

ORDINANCE NO. 308
REGULATING THE USE, SALE AND POSSESSION OF LASER POINTERS

* * * *

Mayor Athan declared a five-minute recess.

All Councilmembers were present when the meeting reconvened

* * * *

WRITTEN COMMUNICATION

Mayor Athan said a written communication from a non profit organization commending the staff that runs the Community Center had been forwarded to the Council by Gordon Kimber. The memo stated the service was great, the staff professional and they had had an especially good time. He asked the City Manager to see that the proper people were commended and stated the communication was duly noted.

RESIDENTIAL PERMIT PARKING CRITERIA

The Transportation Director introduced a resolution that would, 1) approve California High School residential permit parking criteria and, 2) designate a portion of Newport Avenue as Permit Parking Area "F". As background he said at the August 25, 1998 meeting Council had considered the extension of permit parking around California High School and had asked the Transportation Advisory Committee to develop a uniform set of criteria so that the logical extent of permit parking around California High could be determined and a set of uniform guidelines be applied to new applications. He reviewed the five criteria proposed by the Transportation Advisory Committee for consideration of future requests for permit parking. He continued to say while the committee was discussing the criteria a petition was received from six of the last seven residences on Newport Avenue before its intersection with Brunswick requesting an extension of the current permit parking. He said a study by the committee determined that the criteria for the establishment of permit parking had been satisfied.

Cm. Welm said of the seven lots, two were corner lots that had a front and side yard and asked if the side yards had been stenciled "permit parking" as well as the front yards?

The Transportation Director said the side yard was on Brunswick for both of the corner lots and parking had been permitted.

Cm. Welm asked if criteria for the sideyards should be included in the new criteria?

The Transportation Director said side yards were not considered in the committee's discussion but the criteria certainly could be expanded to include them.

Dave Wetmore, 3001 Newport Avenue, said he did not feel putting "no parking" on that street would be the solution to the problem. He said this decision will affect homes on Brunswick and push the "parkers" further toward Davona. He said he did not like the idea of the younger students walking a long distance to their cars in the evening after an athletic event. He also said he would agree with stenciling Newport Avenue "permit parking" but he did not want a "permit parking" sign on his property.

Cm. Hudson asked about the possibility of the junior varsity teams receiving a special parking pass for campus when they had an athletic event off campus and had to come back to their cars at a late hour?

Mr. Wetmore said parking was a year-round problem at Cal High, not just because of sports, and there would be more problems next year because people would be traveling farther to get to the high school.

Mayor Athan said this problem had been confronting the City almost from the third week of existence and all of the points discussed were very good. He suggested Mr. Wetmore take his ideas to the Transportation Committee. He recommended the item be divided into two resolutions, one adopting the policy and the other extending the permit parking area.

Cm. Kinney's motion to adopt the resolution endorsing residential permit parking was seconded by Cm. Hudson.

Cm. Kinney's motion to adopt a resolution designating a portion of Newport Avenue "permit parking" was seconded by Cm. Hudson.

Cm. Welm asked what about the side yards and said he believed there could be quite a few parking spots established in the community by allowing side yard parking. He said that would add to the parking inventory in the area and it could be made an official part of the policy.

In answer to Council questions, the Transportation Director said it would not be a problem in terms of not striping the side yard areas but they would like to have the zones as consistent as possible. He said signs could be placed at the ends of the areas that were not permit parking.

Mayor Athan said the Transportation Director has worked very closely with the high school to resolve the problem and would continue to work with them and make sure the issues discussed would be articulated.

In response to Cm. Raab's question regarding utilization of the Cal High parking lot, the Transportation Director said the times he had been at the school it did not appear to be fully utilized.

Cm. Raab said we need to work with the school district, the students and Cal High to encourage the students to use the new parking lot and to allow the sophomores to park on campus.

Cm. Kinney said he would amend his motion to include Cm. Welm's suggestion that the side yards not be marked.

Cm. Welm suggested language to state: "parking in side yard frontages would typically be allowed".

Doug Marshall, 3000 Newport Avenue, said he lived on one of the two corner lots and it was his concern as well as six of the seven residents in the area that there would be a loss of aesthetic quality because of the oil left by the parked cars and the trash left by students in addition to the lack of ability to park in front of their own homes.

Cm. Kinney confirmed that it was the school policy to not allow students, other than seniors, who park on campus to leave in their cars during the day.

Mr. Marshall said he was very much against having erected signs in front of his house as well and if it were at all possible he would be very much in favor of just having stenciled curbs.

The Transportation Director said he had met with Mr. and Mrs. Wetmore and Mr. Marshall prior to the Council meeting and he was sure the request to not have signs on their property could be accommodated and if signs were required they would be as unobtrusive as possible. He continued to say part of the reason for erected signs was that stenciled signs could not be seen at night.

The vote on the motion to adopt the resolution designating permit parking on Newport Avenue was approved 4-0-1 (Cm. Raab abstained - stating he lived within the Cal High permit parking area).

RESOLUTION NO. 99-03

DESIGNATING A PORTION OF NEWPORT AVENUE AS PERMIT PARKING AREA "F" AND RESTRICT PARKING THEREON

The vote on the motion to approve the resolution endorsing permit parking criteria was approved 4-0-1 (Cm. Raab abstained - stating he lived within the permit parking area affected by the criteria).

RESOLUTION NO. 99-13

ENDORSING CALIFORNIA HIGH SCHOOL RESIDENTIAL PERMIT PARKING CRITERIA

Cm. Raab said the area where he lives on Ludlow Place and Milbridge was granted permit parking this past year, and now the streets are clean and the trash and garbage are no longer an issue.

RECORDING CITY COUNCIL CLOSED SESSIONS

Mayor Athan said he was recommending and moving that the City Attorney be directed to draft an ordinance providing for the recording of all closed sessions of the City Council and keeping the records for a period of 30 days to see if they are requested by court. He said the purpose of the motion was to protect the City Council, which already scrupulously follows the Brown Act in spirit and letter, and it would eliminate any question of what happens during a closed session. He said if anyone has a complaint of what actions have been taken in closed session they can go to court and get a order and if the judge, after reviewing the record, can determine if the Council has violated the Brown Act. He said he was also suggesting the City Attorney be responsible for keeping the records in a secure place for 60 days and at the end of that time erase the tapes.

In response to Cm. Kinney's question, Mayor Athan said it was his understanding that there was a period of 30 days in which to challenge a violation of the Brown Act.

Cm. Welm asked what problem was this solution trying to address?

Mayor Athan said he liked to address problems before they become problems and this would be another protective measure to assure the voters that the Council conducted public business in a public manner except for the special exceptions as noted in the Government Code where they are allowed to go into closed session.

Donna Kerger, 2740 Canyon Creek Drive, said it was her concern that if meetings were recorded there would not be the same tendency for open dialogue. She also expressed concern regarding the possibility of public records requests relating to the recorded closed sessions. She concluded by saying perhaps keeping minutes of closed sessions would be more appropriate than recording the meetings.

Mayor Athan said the meeting would be just as secret with the recordiing and would not be open to the public. He said if a claim were received of a possible violation of the Brown Act, a judge would listen to the recording and determine whether or not there had been a violation.

Cm. Hudson asked if the 30 and 60 day timeframe was correct and it would not be some longer timeframe where we might be required to hold onto the tapes for as long as five years? the previous Council, hearing the comments he would be suspicious that things had been going on that we did not want to get out. He said the tapes will not be made public unless the Council violates the law.

Cm. Hudson said he felt this was more of a policy issue rather than an ordinance. He said he was not uncomfortable with the idea of a tape recorder in closed sessions but would like to point out if an ordinance was adopted it would affect not only this Council but also future Councils.

After Mayor Athan stated any ordinance passed by this Council can be rescinded by three votes, he made a motion that the City Attorney be directed to draft an ordinance, 1) providing for the recording of all closed sessions of the City Council, directing the City Attorney to provide for the safe and secure storage of the tapes for a period that he determined necessary to protect the rights of any litigant that wanted to challenge the city and, 3) that the tapes be classified confidential and only made available for inspection upon a court order.

Cm. Raab seconded the motion.

Cm. Hudson said in the Council discussion it was stated the required time to keep the tapes would not go beyond 90 days and the motion was open ended. He asked if Mayor Athan would mind an amendment to a timeframe not to exceed 90 days?

Mayor Athan declined to change the motion, stating the Council would have a chance to vote on the introduction of the ordinance.

Cm. Kinney said in response to the comment that future Councils would have the right to do away with or change the ordinance, can you imagine a Council coming in four years from now and saying they wanted to do away with an ordinance that dictated tape recording closed sessions.

The motion passed on a 3-2 vote (Cms. Kinney and Welm dissenting).

Y2K CITY COUNCIL COORDINATING COMMITTEE

Mayor Athan proposed appointing a committee consisting of Cms. Hudson and Kinney to be members of a Y2K City Council Coordinating Committee to monitor the efforts of the City and to make sure the City is liaison with all interested agencies; the school district, the fire district and the hospital.

It was the consensus of Council that Cms. Hudson and Kinney be appointed to the Y2K Coordinating Committee.

* * * *

The City Attorney confirmed it was Mayor Athan's intent to have the period that was listed in the statute of limitations under the Brown Act. He said there was a 30 day period for bringing an action and he would research when that 30 day period starts.

Cm. Kinney asked who was going to find out that something was said in closed session unless someone in the closed session talked about it.

Mayor Athan said this would assure the public when the Council goes into closed session they were willing to be held accountable.

Cm. Welm said state law governs behavior in closed sessions and he did not feel recording the meeting was necessary. He said he felt the presence of a tape recorder had a stifling influence on free discussion in closed sessions. He said this was solution looking for a problem.

Mayor Athan said he saw this as a solution to a potential problem. He said if you have the solution you won't have the problem. He said he agreed that Council had scrupulously followed the Brown Act and he wanted to show the world he was proud of that fact.

Cm. Raab said he was in agreement with Mayor Athan. He said the Council had not had a problem but if this could prevent a problem, great. He said he would not be inhibited by a tape recorder.

Cm. Hudson said he would like clarification on the timeframe for keeping the tapes. He also said he felt this Council or any other Council should have the opportunity should they chose, either by Mayor's choice or a four-fifths vote, to decide they do want a closed session and not have it recorded.

Cm. Welm said that could create a huge problem. He said if Council walked into a closed session with a tape recorder running and the first thing discussed was on a four-fifths vote whether or not the tape recorder should be turned off, he would not want to be the judge listening to that tape. He said he felt there was probable cause to do exactly the opposite, when it was likely the circumstances were particularly contentious then you might want to turn the tape recorder on.

Mayor Athan said if he were not so intimately acquainted with this City Council and There being no further business to come before the City, at 8:50 p.m. the Council meeting adjourned.

Byron D. Athan, Mayor
Judy Macfarlane, City Clerk

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