MINUTES OF THE CITY OF SAN RAMON -
COUNCIL MEETING
JANUARY 25, 2000
A regular meeting
of the City Council of the City of San Ramon was called to order on January
25, 2000 at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino
Ramon, Mayor Kinney presiding.
PRESENT: Councilmembers Hudson, Raab, Tatarka, Wilson and Mayor Kinney
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,
Associate Planner Charlie Mullen, Planning Director Phil Wong, Economic
Development Manager and City Clerk Judy Macfarlane.
PLEDGE OF ALLEGIANCE
The Police Chief led Council, staff and those present in the audience in a pledge of allegiance to the flag.
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Mayor Kinney said at the end of the last Council meeting the Council had a closed session that was not listed on the agenda. He said in the closed session staff was given direction regarding the possible purchase of the wood lot on Bollinger Canyon Road.
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SPECIAL PRESENTATIONS
Eileen White, EBMUD Project Manager, gave an update on the East Bay Municipal Utility District Southern Loop Pipeline Seismic Upgrade Project.
After making her presentation, Ms. White answered Council questions.
After Council questions and discussion, Mayor Kinney said he wanted to go on record as opposing the Southern Loop Pipeline.
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GENERAL PLAN REVIEW COMMISSION
Victor Peterson, said he felt the manner in which the General Plan Review Commission selection process had been handled so far leaves a great deal to be desired. He said if the quantity of applicants was an important criterion then that should have been stated up front. He said if there was any concern that the number of applications received was less than desired then the deadline should have been extended before it was closed. He said it was his recommendation that Council honor the dedication, diligence and spirit of all of the 24 original applicants that applied before the deadline and appoint them and then select a small number of the new applicants.
Cm. Hudson said Mr. Peterson may be appointed to the commission and if he isnıt he can still come and speak at the meetings.
Cm. Raab said this was the first time that he could recall that the application period for a commission had been extended.
Cm. Wilson said his reason for voting to extend the application period was to get more people involved. He said due to the time of year, many people had not seen the ad in the newspaper.
Cm. Raab said knowing the constraints the Commission will be under, he would recommend 33 people be appointed to the commission.
Cm. Hudson said the objective was not to get people on the commission it was to get the General Plan update and he would prefer to stay with 21 to try to keep it as simple as possible.
Cm. Tatarka said she had voted to extend the deadline so that more people could get involved. She said she felt it was important to have diversity and representation and in order to achieve that there needed to be more than 21 people appointed. She recommended at least 33 or 35.
Cm. Wilson said if someone wasnıt chosen for the commission there were a number of ways they could become active in the community. He said he felt between 25 and 30 was a workable number.
Mayor Kinney said he felt we needed more than 21 or 25 for the simple reason there are going to be so many meetings. He said he did not have a problem with 25 or 30 people but he did not want to go any higher than that. After discussion the Council decided 31 would be the number appointed to the General Plan Review Commission.
Cm. Raab suggested the commission be selected by proportional voting. He said each of the Council represents diverse thinking and by proportional voting hopefully that same kind of diversity can be obtained on the commission.
Cm. Tatarka said she liked the idea of proportional voting. Cm. Hudson said he disagreed with choosing the commission by proportional voting. He said he felt the Council was capable of selecting the commission as it had been done in the past and coming up with a diversified group that will suit everyone.
Cm. Wilson said he felt the commission should be selected the usual way, requiring three votes to be appointed.
It was the consensus of Council to delete Mark Luciano from the list because he was a Danville resident.
It was also the consensus to add the two applications that had been received that day.
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PUBLIC COMMENT
Robin Ludlow, read comments on behalf of the Family San Ramon Board regarding comments made by Mayor Kinney at a recent San Ramon Chamber of Commerce luncheon. She said Family San Ramon wishes to reiterate that from its inception and all times since it has encouraged equally all San Ramon residents to participate in the Cityıs governance and development irrespective of their position on any particular issue.
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APPROVAL OF MINUTES
Cm. Raabıs motion to approve the minutes of January 11, 2000 was seconded by Cm. Hudson and passed 5-0.
CONSENT CALENDAR
Jim Blickenstaff asked that item 8.8, Resolution denying appeal of Old Mill Village Condominiums, be removed for questions.
Cm. Hudsonıs motion to approve the following Consent Calendar was seconded by Cm. Raab and passed 5-0.
FINANCE Register of Demands dated December 7, 1999, January 15 and 21,2000 in the amount of $2,415,701.33
RESOLUTION NO. 2000-02
DENYING VESTING TENTATIVE MAP 8349, DEVELOPMENT PLAN 99-006 AND ARCHITECTURAL REVIEW 99-052 FILED BY SEECON FINANCIAL AND CONSTRUCTION CO. (APPLICANT) AND CORRIE DEVELOPMENT CORPORATION (OWNERS), LEGACY HILLS AT GELDERMANN RANCH DEVELOPMENT PROPOSAL LOCATED AT THE WEST END OF CENTURY OAKS COURT (APN: 209-090-031)
RESOLUTION NO. 2000-03
ACCEPTING CERTAIN LANDSCAPE IMPROVEMENTS OF SUBDIVISION 7989 AS COMPLETE AND FOR MAINTENANCE (BRADDOCK AND LOGAN/ DEERWOOD HIGHLANDS)
RESOLUTION NO. 2000-04
DESIGNATING CERTAIN ON-SITE IMPROVEMENTS CONSTRUCTED IN SUBDIVISION 7962 AS COMPLETE AND FOR MAINTENANCE AND ACCEPTING PARCEL "H", SAN RAMON VALLEY BOULEVARD LANDSCAPE PARCEL (GREYSTONE/HERITGE AT EL NIDO)
RESOLUTION NO. 2000-05
APPROVING CITY COUNCIL LIAISON APPOINTMENTS TO AREA WIDE AND STATE WIDE COMMITTEES, CITY/COMMUNITY COMMITTEES AND COMMITTEES OF COUNCIL
RESOLUTION NO. 2000-06
APPROVING CITY COUNCIL 1999-2000 LIAISON APPOINTMENTS TO THE SOUTHWEST AREA TRANSPORTATION COMMITTEE (SWAT)
RESOLUTION NO. 2000-07
APPROVING CITY COUNCIL 1999-2000 LIAISON APPOINTMENTS TO THE CENTRAL CONTRA COSTA COUNTY TRANSIT AUTHORITY (CCCTA)
RESOLUTION NO. 2000-08
APPROVING CITY COUNCIL 1999-2000 LIAISON APPOINTMENTS TO THE TRI-VALLEY TRANSPORTATION COUNCIL (TVTC)
RESOLUTION NO. 2000-09
DESIGNATING AND APPOINTING STANDBY OFFICERS FOR THE MEMBERS OF THE CITY COUNCIL AND CITY MANAGER IN THE EVENT OF AN EMERGENCY AND REPEALING RESOLUTION NO. 98-144
RESOLUTION NO. 2000-10
ESTABLISHING COMPENSATION FOR CITY OF SAN RAMON PARKS AND COMMUNITY SERVICES AND PLANNING COMMISSIONERS
INVESTMENT REPORT
City of San Ramon Quarterly Investment Report period ending December 31, 1999
SAFE ROUTES TO SCHOOL
Safe Routes to School Update School Year 1999/2000
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PUBLIC COMMENT
Donna Kerger, said she felt there was a definite need for a bus shelter at the bus stop on Bollinger Canyon south of the fire station.
Cm. Raab said the Transportation Committee was in the second phase of looking at placement of bus stops and he recommended Ms. Kerger pass this information along to the committee members.
By Council ballot the following 33 people were selected to serve on the General Plan Review Commission Philip Blagoyevich, Gerald Cambra, Ron Clause, Sue Cold, John Dockery, Thomas Duffy, Robert duPont, Christy Eiland, Susan Friedman, Michael Foster, Jim Hansen, Juanita Whitney- Harding, Philip Henry, John Hyun, Robert Ingalls, Donna Kerger, Kristina Kuprina, Sam Lemon, Richard Lieblich, Joe Miller, Carol Mitchell, Victor Petersen, Harvey Riggs, William Roberts, Gayle Rolf, Philip Serna, Cindy Smith, Kathy Stewart, Scott Swisher, Greg Tedesco, Dennis Viers, Eric Wallis and Hing Wong.
Mayor Kinney congratulated the commission and encouraged everyone else to attend the commission meetings.
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SKATEBOARD PARK ORDINANCE
The Parks and Community Services Director introduced a public hearing on an ordinance regulating the use of skateboards, in-line skates and bicycles stating it was initially introduced on December 14, 1999 and the public hearing held on January 11, 2000. He said at the public hearing the Council directed the elimination of Section D in the ordinance, which would require all minors to wear protective helmets at all times while skating in the City of San Ramon The ordinance was reintroduced at the January 11 meeting and the public hearing scheduled for January 25.
No one spoke during the public hearing.
Cm. Raabıs motion to adopt the ordinance and waive the reading was seconded by Cm. Hudson and passed 5-0.
ORDINANCE NO. 328
AMENDING CHAPTER 1 (USE REGULATIONS) OF DIVISION B-5 (PARKS AND RECREATIONS) AND ADDING CHAPTER XV (SKATEBOARDS, IN-LINE SKATES, AND BICYCLES) TO DIVISION 7 (PUBLIC PEACE, MORALS AND WELFARE)
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DENY APPEAL OLD MILL VILLAGE CONDOMINIUMS
Jim Blickenstaff, said at the last Council meeting when the appeal for the Old Mill Village Condominiums was denied there seemed to be some confusion or doubt about the potential to improve this project to some extent to satisfy the concerns of the residents. He asked if there were any progress made in that regard. He asked for an update as to where it stands now compared to what the sense was a couple of weeks ago for this project.
Cm. Hudson confirmed this was a project of condominiums not apartments.
Mayor Kinney said a speaker cards had been received from JoAnn Withers, Skyline Drive, and Sharon Gardner, 312 Skyline Drive that stated they did not wish to speak but wanted to state their opposition to the project.
Mike Blumgarden, representing Skyline Condominiums, asked the developers if the CC&Rs had been outlined for the project.
Mayor Kinney said the conditions of approval for this project would be discussed but not at this time.
Cm. Wilson said he shared Mr. Blumgardenıs concerns and asked staff to address them.
The Associate Planner said at the last Council meeting staff had directed to come back with a resolution denying the appeal and reaffirming the Planning Commissionıs approval of the project with direction in regard to the architectural components of the project as well as to the studios. He said there was an agreement by the applicant to make a very strong commitment to meet the goals and desires of the City Council as to providing the highest quality project. He said they were going to be looking at the exterior materials, the materials for the window detailing and window treatment, the roof materials and the color scheme as well as adding a decorative water fountain or other water features and a decorative entry statement off of Deerwood and Old Mill Roads. He also said they would be looking at converting the studio units to larger one or two bedrooms while allowing the unit count to remain at or below 125 residential condominium units. He said it was his understanding the applicant was in complete agreement with the conditions.
Cm. Wilson said there were three other conditions that he would like Virtuoso, the developer, to consider as well as the other conditions; 1) reviewing the CC&Rs, to make sure they are in-line with a product that everyone will be proud of and enhance property values, 2) setback from the creek, and 3) incorporate as many two bedroom units as possible.
Wilson Lendt, attorney for Virtuoso developers, said they were more than happy to comply with submitting the CC&Rs for approval. He said he did not feel imposing a restriction as to the percentage of units that were owner occupied as opposed to rental was legal. He said they shared Cm. Wilsonıs concern that this be a first class project for the City and said these condominiums were going to sell for a lot of money.
Cm. Wilson said he was determined to make sure that the property value is increased or enhanced and that these are quality units. He said it is imperative that the Council set the standards.
Cm. Raab asked generally what is accepted as far as owner occupied versus rental.
Mr. Lendt said the restrictions that they commonly build into the CC&Rs and ones that are covered in the DRE regulations are they allow you to restrict the length of the term in which you can rent, they allow you to require that the tenancy agreement be in writing and be filed with the association.
Cm. Hudson said you start to run into a problem with financing through banks when more than 40% of the total units are rentals. He said he would like the developer to make it their policy when they are selling originally they are not selling to investors and the units will be owner occupied.
Mr. Lendt said that was not difficult to do it was a matter of marketing. He said it was difficult to put restrictions on someone as to how they use their unit.
Mr. Blumgarden asked what is the good of CC&Rs if you cannot enforce them. He asked the developer to put in their CC&Rs that it must be owner occupied for a period of at least five years before it can be a rental.
Cm. Raab said Cm. Wilson had brought up some serious questions and he felt this item should be postponed for two weeks. He said he would like the issues of creek setback and owner occupancy addressed by the City Attorney and incorporated into the document.
Cm. Hudsonıs motion to approve the resolution denying the appeal was seconded by Cm. Wilson and passed 3-2 (Cms. Raab and Tatarka dissenting).
RESOLUTION NO. 2000-11
DENYING APPEAL OF PLANNING COMMISSION RESOLUTION NO. 20-99 APPROVING VTM 8359, DP 98-009, AR 98-096 AND IS 98-011; OLD MILL VILLAGE CONDOMINIUMS MITIGATED NEGATIVE DECLARATION/INITIAL STUDY AND DEVELOPMENT PROPOSAL, LOCATED AT 101 OLD MILL ROAD (NORTHWEST CORNER OF CROW CANYON ROAD APN: 208-280-022)
The City Attorney said in adopting the resolution the appeal has been granted and the project has been approved. He said there is a condition of approval that is in every project like this that the CC&Rs have to be approved by the Planning Director and the City Attorney. He said if he finds out to require 80% owner occupied and 20% rental can not be done then he would not require that it be in the CC&Rs in order to give the approval that is in the condition. He also said as far as he was concerned given that the Council had adopted the resolution there was no longer any issue regarding the 100 foot set back.
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PROTEST/TRAFFIC MITIGATION FEES BISHOP RANCH VETERINARY CENTER
The Transportation Director introduced a protest regarding traffic mitigation fees levied upon the Bishop Ranch Veterinary Center by the Planning Commission during its consideration of this project. After reviewing the four fees which totaled $89,908.88 he said three of the four fees are fees levied by multi jurisdictional agreements of which the city is a part. He said all of the fees were applied on the basis of new building square footage constructed.
Dr. Frank Utchen, Bishop Ranch Veterinary, summarized a letter that outlined his and his partners reasons for appealing the traffic mitigation fees being assessed on their new building. He said they were combining three businesses and relocating them to the vacant lot on the corner of Bishop Drive and Norris Canyon Road. He reviewed various reasons why this project should be viewed as an exception when it comes to the assessment of fees.
In answering the questions regarding double charging of fees, the Transportation Director said when the Tri-Valley fee was developed the South County fee was already in existence and the issue of double counting was explicitly considered in the development of the Tri-Valley fee. He continued to say double counting was dispensed with in the formulation of the Tri-Valley fee and there was not a double charging of fees for the two projects.
Cm. Wilson said a state of the art business would generate more traffic.
Cm. Raab said if the Joint Powers fees are waived the money will have to come out of the Cityıs General Fund.
Cm. Hudson said all of the fees are needed and they were aware of the fees when they began their development.
Cm. Tatarka said if the Council waives the fees that would set a precedent. She continued to say fees were part of doing business.
Cm. Wilson said he would not waive fees for a for-profit hospital.
Mayor Kinney said he did not want to make an exception.
After further questions and discussion Cm. Hudson made a motion to deny the protest for the assessment and proceed to charge $89,808.89 assessment for the project.
Cm. Raab seconded the motion and it passed 5-0.
The City Attorney said staff would return in two weeks with a resolution of findings.
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Mayor Kinney declared a break.
All Councilmembers were present when the meeting reconvened.
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ANNUAL AUDIT REPORT FY ENDING 6/30/99
The Administrative Services Director introduced Joe Aguliar, and said he was with the firm of Vavrinek, Trine Day & Co., the Cityıs independent auditor.
Mr. Aguliar introduced the audited financial statements for the fiscal year ending June 30, 1999. He said the audit was performed in accordance with general accepted auditing standards. He said the City had a clean opinion and a management letter had been provided that pointed out things that would enhance the controls.
Cm. Raab said the Finance Committee had looked at the audit report and had had no major issues.
Cm. Hudsonıs motion to adopt the resolution accepting the audit report was seconded by Cm. Tatarka and passed 5-0.
RESOLUTION NO. 2000-13
TO RECEIVE THE ANNUAL AUDIT REPORT FOR FISCAL YEAR ENDING JUNE 30, 1999
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LOCAL LAW ENFORCEMENT BLOCK GRANT
The Police Chief said last summer the police department began the application process for a local law enforcement block grant through the Bureau of Justice Assistance. He said the application had been accepted and the only requirement remaining was a public hearing conducted by the City Council. He said the block grant was for $12,235 and that will have to be matched with $1,359, which will come out of the existing budget. He said the grant will be used to buy portable radios and five new preliminary alcohol screening devices to assist in enforcement of alcohol violations.
No one spoke during the public hearing.
Cm. Raab said the Finance Committee had looked at it at the last meeting and approved it.
Cm. Hudsonıs motion to adopt the resolution accepting the block grant was seconded by Cm. Raab and passed 5-0.
RESOLUTION NO. 2000-14
AUHORIZING THE MAYOR TO ACCEPT THE BUREAU OF JUSTICE ASSISTANCE LOCAL LAW ENFORCEMENT BLOCK GRANT (FY 1999)
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MAYORSı CONFERENCE
Mayor Kinney reviewed the agenda for the upcoming Mayorsı Conference to be held in Moraga.
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DOG PARK UPDATE
Cm. Raab said he had received calls from residents asking when the City was going to get a dog park. He suggested setting up a temporary park, a small dog run, in an out of the way location in one of the Cityıs parks.
The City Manager said the City had finally received approval from PG&E to establish a park on their land and the project has gone out to bid.
The Parks and Community Services Director said in his meeting with PG&E that day, they had agreed to move forward and he would be submitting the Easement Agreement to the City Attorney for review. He said a public hearing with the Parks Commission was scheduled for February 9 to finalize the plan. He said work will begin on the project as soon as the weather allows.
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SWAT TO CCTA APPOINTMENT
The Transportation Director said the next item deals with the appointment of a representative from the Southwest Area Transportation Committee to the Contra Costa Transportation Authority Board. He recommended the City Council give direction to staff and to the San Ramon SWAT representative for policy direction for the February 7 SWAT meeting at which this item will be considered. He reviewed the background of the San Ramon Valley SWAT appointments and Rules of Procedure.
Mayor Kinney said in his opinion, at this point in time, it is San Ramonıs position. He said we should tell SWAT that Danville has held that position for nine years and it is our turm.
The Transportation Director said if it is the direction of Council, he felt the next step would be to write a letter to SWAT expressing the desire of the City Council.
Cm. Raab said there was a Danville Liaison meeting prior to the Council meeting and this issue was brought to Mayor Greenbergıs attention. She said her arguments were that San Ramon gave up its turn in the rotation. He said he felt the decision was up to SWAT.
Cm. Wilson said San Ramon residents deserve what is best for them.
Cm. Hudson said at this time we should not be without a vote because we were gracious six or eight years ago. He said this is a seat that San Ramon should have.
Mayor Kinney said he felt the City should write a letter stating it is now our turn, Danville had the position for nine years and we expect SWAT to uphold the agreement.
Cm. Hudson asked that staff be directed to write a letter and that Mayor Kinney be just as gracious as we were eight years ago when he presents San Ramonıs views before SWAT.
The Transportation Director said the language in the Rules of Procedure states "the position of the representative authority should be rotated among the member cities of the subregion at the end of each term". He said this is the end of the term and Mayor Greenberg served the last term.
It was the consensus that staff would be directed to write a letter and Mayor Kinney would present it at the next SWAT meeting.
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SISTER CITY TASK FORCE
The City Clerk gave an update on the Sister City Task Force stating in November 1999 the previous Council passed a motion that the new Council appoint a three to five member Task Force to look into the feasibility of the Sister City Program. She said it had been advertised twice in both San Ramon papers and at this point two applications had been received. She asked for direction from the Council.
Cm. Raab said he felt the City could use its citizens in a much more productive way and recommended the Council reconsider the issue. He recommended looking more locally for more regional issues and concerns to get people involved.
Cm. Hudson said he felt the Council should really take a look at what the benefit would be to San Ramon. He said the community had not really shown an interest.
Cm. Raabıs motion to terminate the Sister City Program research was seconded by Cm. Hudson and passed 5-0.
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HOSPICE ROSE GARDEN
Mayor Kinney said an acre of land was given to the County many years ago and was dedicated as open space on a project on Bollinger Canyon Road just north of Crow Canyon Road. He said the property was now in the San Ramon city limits and Hospice of Contra Costa County had approached him to ask if they could use it for a rose garden. He said labor to improve the property could be donated and Hospice would maintain it on a regular basis.
Cm. Raab said he felt it was a great idea and he would like to see groups like the Crow Canyon Gardeners and the Senior Center Gardeners involved in the project. He recommended moving forward with the project.
It was the consensus to direct staff to bring back information to Council as to who owns the land and the assessorıs parcel number and then the issue would be discussed again.
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SMALL BUSINESS ASSISTANCE PROGRAM
Cm. Raab said at the last meeting he had asked staff to begin investigating ways that the City can potentially help businesses that are being removed from the Country Faire Shopping Center.
The Economic Development Manager said she had done a survey of regional assistance programs for small businesses starting with the Small Business Administration Federal Program, which offers a wide range of business loans for small businesses. She said the majority of cities that she had talked to did not have any small business assistance programs, however quite a few do. She said those that do have a range of services available.
Cm. Raab asked if she had had a chance to meet with the business owners to explain the the programs.
The Economic Development Manager said she wanted to assess what kind of programs the Council would be interested in before meeting with the businesses. She said she also did not want to interfere with the negotiations that were going on between the businesses and the developer.
Cm. Raab said he would like to have a summary brought back to Council of all of the pros and cons of the various programs.
The Economic Development Director asked Council if they would like her to make a recommendation or have an outline of possible choices for Council consideration.
Mayor Kinney asked that the recommendations or outline of choices be given to the City Attorney for review.
Cm. Wilson said he felt it was imperative to always be aware of the fact that this could be precedent setting. He said this should be a viable program that would fill the needs of all small San Ramon businesses.
In response to Cm. Hudsonıs question, the Economic Development Director confirmed since the last Council meeting she had not met with the business owners nor had they contacted her.
Cm. Raab said he had been contacted numerous times and the business owners feel frustrated and do not know where to go.
Cm. Hudson said he did not want to start soliciting the businesses to come to the City if they have agreements with the owners of the shopping center.
Cm. Tatarka said she was not sure the businesses know what can be done and she felt the City should meet with them to let them know their options.
Mayor Kinney said the City does have to be very careful because they would be setting a precedent. He said it not the Councilıs responsibility to make sure that every small business in San Ramon survives.
Cm. Raab said a lot of the businesses are not going out of business. He said the City changed the zoning and that is what is driving them out, not due to the economy, not due to whatever business they are in failing. He said if the Council decides on a program it should be clearly stipulated how a business qualifies for the program.
Cm. Tatarka suggested simply making a phone call to the businesses to let them know the City is working on the issue.
The City Manager said staff really needs specific direction from Council on this issue. He said the Council was treading on thin ice speaking about zoning creating a situation where small business fails. He said he felt it should be addressed from the standpoint that there has been a change in property ownership and there are leases or non leases and the City is extremely friendly to small business. He said he would not recommend that the Council direct staff to contact business owners immediately because we could be interfering with negotiations between a property owners and a business owner.
Cm. Raab said there wasnıt anything stopping the business owners from calling the City.
Cm. Wilson said when the City goes to the businesses we have to know what we can offer them. He said it is more important to let them know that we are doing something. He said this is an opportunity to put a quality program together for all San Ramon businesses.
The City Attorney said it was his understanding that the City is looking at a possible program that is broader than just the businesses in the Country Faire shopping center. He said the reality was that the City zoning was not what created the immediate problem. He said a property owner decided to sell the property and came to the City with a zoning application that the City had to act on.
Mayor Kinney said this should be considered on an exception basis and not on an on-going standard.
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Cm. Hudson said as an additional item for consideration he would make a motion that the Council adjourn to closed session to give instructions to the Cityıs negotiator concerning additional acquisition of office space at City Hall and that this item needs to be added to the agenda under Government Code Section 54954.2 (b) (2) because the matter arose after the agenda was published and immediate action is required.
Cm. Tatarka seconded the motion and it passed 5-0.
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There being no further business to come before the City, at 11:20 p.m. the Council meeting adjourned.
Curt Kinney, Mayor
Judy Macfarlane, City Clerk
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