MINUTES OF THE CITY OF SAN RAMON -
COUNCIL MEETING
FEBRUARY 8, 2000
A regular meeting
of the City Council of the City of San Ramon was called to order on February
8, 2000 at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino
Ramon, Mayor Kinney presiding.
PRESENT: Councilmembers Raab, Tatarka, Wilson and Mayor Kinney
ABSENT: Councilmember Hudson
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,
Planning Director Phil Wong, Community Services Manager Karen McNamara,
Transportation Analyst Lisa Bobadilla and City Clerk Judy Macfarlane
PLEDGE OF ALLEGIANCE
The City Manager led Council, staff and those present in the audience in a pledge of allegiance to the flag.
* * * *
SPECIAL PRESENTATIONS
The Community Services Manager gave a summary of the final report of the San Ramon Valley Advisory Committee on Youth Safety and Development. She said some of the conclusions of the Committee were that San Ramon Valley was not immune to critical issues that face youth, that it can happen here, that a proactive approach is the best model to deal with issues that face youth, that there already are a variety of services in our Valley that work with youth and that there are a lot of people who are trying to help and work to be positive influences for youth but there is still more that can be done.
Sarah Wood, Teen Council Chairperson, told about the Teen Councilıs prioritization of the 15 recommendations from the Advisory Committeeıs report.
Laura Washburn, Partnership Specialist with the U. S. Census Bureau, made a presentation on Census 2000 Make a Difference. She said she worked with local governments and communities to build strong partnerships for Census 2000. She talked about the challenges in taking a census and the importance of an accurate count.
Mayor Kinney read a proclamation supporting Census 2000 and presented it to Ms. Washburn.
The Police Chief introduced Officer Dan Douglas and said he was a recent recipient of a Peacemaker Award given by the Center for Human Development. He said the award was recognition for a program done in conjunction with the Parks and Community Services Department. He asked the Community Services Manager to present the award to Officer Douglas.
Mayor Kinney said there will be someone at the San Ramon Library March 11, 18, 25, April 1 and 8 to help with census forms.
Sarah Wood, Teen Council Chairperson, gave an update on the Teen Center. She reviewed some critical factors that teens felt were needed for the success of a teen center in San Ramon and listed the Councilıs plans for the future.
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PUBLIC COMMENT
Ron Magee, said he was really impressed with the way the Councilmembers respect one another and said they seemed very professional. He also said he was having a hard time getting an investigation on the vandalism of his vehicle.
Mayor Kinney recommended Mr. Magee contact the City Manager, stating he would assist him in any way that he could.
Kelly Patrino, talked about loitering problems in the Country Faire shopping center. She said the dance studio owners were having a hard time trying to relocate their business to a more viable location. She asked for help from the City.
Mayor Kinney asked the police chief to look into the problem.
Tom Christensen, talked about a failure that had occurred in a Rheem heater in his home in November. He said he had had trouble in getting Davidon, the home builder, and Rheem to cooperate and asked if the City Council could assist the Chief Building Official in following up on this problem.
Mayor Kinney said representatives from Davidon and Rheem were meeting tomorrow and Davidon had assured the City that they would replace or fix anything that goes wrong.
Lydia Zboray, expressed concern about plans to cut down a number of trees during construction of the Henry Ranch development. She said she would like to have this item agendized so that the issue could be discussed openly.
Mayor Kinney asked Ms. Zboray to speak to the City Manager to get this item agendized in the next couple of meetings.
Joe Plechaty, said the residents of the Four Oaks Subdivision that border the Henry Ranch project immediately to the north were concerned about how it would affect the neighborhood and the area. He said they all felt they were not afforded the opportunity to be part of the process and to raise their concerns. He requested the Council agendize the item.
Robert Greene, said this development would impact the schools and it would be a shame to see the quality of education deteriorating because of lack of planning.
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APPROVAL OF MINUTES
Cm. Raabıs motion to approve the minutes of the January 25, 2000 Council meeting was seconded by Cm. Tatarka and passed 4-0.
CONSENT CALENDAR
Cm. Raabıs motion to approve the following Consent Calendar was seconded by Cm. Tatarka and passed 4-0.
FINANCE
Register of Demands dated January 26, 28 and February 4, 2000 in the amount
of $1,125,235.21
SERVICE CENTER FUELING STATION
Acceptance of work by Sposeto Engineering, Inc. for the construction of the Service Center Compressed Natural Gas (CIP 8523) located at 5000 Crow Canyon Road as complete and authorize the City Clerk to file a Notice of Completion.
RESOLUTION NO. 2000-12
DENYING THE PROTEST FOR ASSESSMENT OF TRANSPORTATION IMPACT FEES FOR THE BISHOP RANCH VETERINARY CENTER
RESOLUTION NO. 2000-15
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ARBORTECH TREE CARE INC. FOR TREE MAINTENANCE SERVICES IN THE AMOUNT OF $38,505
RESOLUTION NO. 2000-19
RELEASING THE ONE YEAR WARRANTY SECURITY FOR PUBLIC IMPROVEMENTS IN SUBDIVISION 7989 (DEERWOOD RIDGE/CLAREMONT HOMES)
RESOLUTION NO. 2000-20
RELEASING THE ONE YEAR WARRANTY SECURITY FOR PUBLIC IMPROVEMENTS IN SUBDIVISION 7986 (DEERWOOD RIDGE/CLAREMONT HOMES)
RESOLUTION NO. 2000-23
SUPPORTING THE PASSAGE OF PROPOSITION 12 ALSO KNOWN AS THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000
* * * *
CITY ADVISORY COMMITTEE REPORT
The Transportation Analyst introduced the Transportation Systems Management Committee Chairperson, Abbey Diller and said she would be giving the Committeeıs annual report. Ms. Diller reviewed the goals of the committee and its accomplishments for the past year.
Cm. Raab said the reason why Aetna has such a high rate of participation in van and car pools was because they reward their employees if they carpool. He asked if the committee had gone to other businesses to try to encourage similar programming.
Ms. Diller said the committee would do that and she would like to talk further with Cm. Raab regarding that program.
Mayor Kinney thanked Ms. Diller and said it was a great report.
* * * *
SENIOR CENTER PARK MASTER PLAN
The Community Services Manager said seven public meetings had been held over the last few months regarding the Senior Center Park project including the Senior Advisory Committee, the Parks Commission and several meetings at the Senior Center to get input on the park design. She said the original Master Plan for the site that was developed in 1990 did not take into consideration the current activity levels and active life styles of the seniors that are now using the facility. She said some of the changes from the original Master Plan include both passive and active areas, a gazebo, a park restroom, the addition of a sidewalk that will connect the Senior Center building from the driveway at Olympia Fields and additional grading and retaining walls. She said the total cost of the park was $427,000 and a budget adjustment of $192,000 would be required. She said she was also submitting a draft outlining a donor program which would complement the project and would respond to community interest of people that wanted to participate in the parks development.
Don Rose, Landscape Architect, described the Park Master Plan. He said the park was an extension of the Senior Center as well as the only senior oriented park in the City. In response to Cm. Wilsonıs questions regarding the new restroom, Mr. Rose replied it was a handicap accessible space. He also said future lighting issues had been discussed. He said he would like to put the whole area under a big trellis.
Cm. Wilson asked if it would be cost effective to put a structure on that site now or was that something the City could construct later. Mr. Rose said it could go in later and nothing would be torn up.
Cm. Tatarka asked how big is the park.
The Parks and Community Services Director said the park was just a little over an acre in size.
Cm. Wilson asked if the walkway or the path was safe and was there a railing along the path.
Mr. Rose said the whole area was handicap accessible.
Cm. Raab said the major part of the increase in the budget was the restroom facility and it would be funded through Redevelopment Agency bonds.
Cm. Raabıs motion to adopt the resolution increasing the budget for the Senior Center Park project was seconded by Cm. Tatarka and passed 4-0.
RESOLUTION NO. 2000-25
AUTHORIZING A BUDGET INCREASE FOR THE SENIOR CENTER PARK PROJECT (CIP 8208) IN THE AMOUNT OF $192,000
* * * *
Mayor Kinney declared a five-minute break.
All Councilmembers were present when the meeting reconvened.
* * * *
ALTA MESA PARK PROJECT
The Parks and Community Services Director made a presentation of the Alta Mesa Park Conceptual Design Master Plan project. He said this project had been under discussion since the Cityıs incorporation in 1983. He said the Parks and Community Services Commission and the Finance Committee recommended the Council receive the presentation on the Alta Mesa Master Plan, approve the Master Plan and adopt the resolution authorizing the necessary budget increase. He said the 1991 Master Plan was developed prior to having some major geotechnical studies done on the site. He said the City contracted with Engeo Incorporated, a geotechnical advisor, who analyzed the site and developed geotechnical requirements for a park on the site and coordinated the requirements with the landscape architect.
Jay Beals, Beals Group, said at public hearings the community had indicated they wanted a park that had active opportunities but would be overall passive in nature. He said another element in the original plan but was not in the current plan was a multi use specialty area. He described two new elements, a BMX track and a dog park. He said all areas of the park were accessible and meet ADA compliance requirements and have stairways. He said he felt they had been able to turn the constraint of the geotechnical information into an opportunity to make this a better park.
Mayor Kinney opened the public hearing.
Dahr Kliner, asked about the surface of the dog park.
Hope Michelsen, thanked the Parks Commission and the architect for making the dog park bigger and asked how smooth and soft the surface was in the dog park.
Jonathan Chase, asked that the park be transformed into a peaceful botanical garden. He said it should be free from dogs, soccer fields and BMX noise. He proposed that the City invest in 83 Japanese Cherry trees to line the border of the park to symbolize the year that the City was incorporated and 1983 rose bushes to symbolize the decade of the century that the City was incorporated. He also proposed that the Cityıs logo be used as a model for a crushed stone pathway symbolizing the rays of sun that will lead along the rose garden to a lily pond. He asked if the City has thought of the legal implications and liability issues of having a ball field so close to two major roadways.
Jo-Lynn Mull, said it is important that the park is developed. She said there has always been a bit of a fire hazard on the site and it is important to provide better access to emergency vehicles to be able to get up to the hillside. She said the geotechnical report states there is a concern about the hillside and it behooves the City to follow through and abate the problem before there is more movement on the hillside. She said she felt this park was the best location for a dog park and a BMX track.
Ann Crandall, said she was not in favor of the park as it stands right now. She expressed concern about the lack of parking. She said she would like to see the park maintained as some sort of meadow and she loved the idea about trees and roses. She said she felt the City would be better off spending their money in other areas.
Melanie Plain, thanked City staff and the architect for enlarging the dog park.
The Mayor said speaker cards had been received from Kristi Finney , Jackie Anderson, Lisa Hirsch, and Todd Llewellyn expressing support for a larger dog park.
He also said a speaker card had been received from Deb Briggs, stating the Alta Vista Park should be passive.
Cm. Raab said there are geological problems with this site one way or another, whether it is a park or not. He said he had a concern about trees between the tot lot and the childrenıs play area, inhibiting visibility between the two areas. He said parking issues need to be addressed. He said he would like the City to investigate the possibility of getting trail easements across the hillside over to the Bishop Ranch open space. He also said San Ramon is a growing community with lots of families and additional ball fields are needed.
Cm. Tatarka said she wanted to make sure a parking problem such as the one on Ascot Drive by Athan Downs was not created by the inclusion of a ball field. She asked the actual size of the tot lot and the dog park. She said this is a very needed park in that area that would have a good combination of both passive and active. She asked those that spoke about the need for botanical areas in the park to come back with their suggestions for other areas of the City.
Cm. Wilson said this had been a project that he had been committed to for the last ten years but with the idea that it would be a passive park, not an active park. He said was totally against a BMX track and he wanted to make sure if it did go in, it was for the children to have fun and non-competitive. He also expressed concern about the lack of parking. He said what bothers him more than anything else was the price of the park. He asked what was the Cityıs liability if the hillsides slide.
Mayor Kinney said he had two major problems with the park, cost and liability. He said he was concerned that if the City did some work at the bottom of the hill and the hillside started sliding that the City would be liable for the potential damage done to the houses on the top of the hill. He said the dog park could be two to four acres placed back against the bottom of the hill. He said this was an opportunity for San Ramon to have some open space. He also said the City was going to take on the responsibility every hillside resident in the community if we go this route and approve the park.
Cm. Raab said could we ask for a condition of approval that states no organized BMX bike competition or programs in the park. He said parking could also be increased. He said he would like the City Attorney to address the issue of who owns the land and who is liable for it now.
The City Attorney said it was difficult to speculate on liability in terms of what may or may not happen, how it happens and what are the events that triggered the happening. He said as to the question who is liable, he felt the county had no involvement. He said the City was the owner of the property, and as the owner of the property, the City has responsibility. He said the one absolute in this area is that a public entity has absolute immunity from landslides on the entityıs property if it is unimproved and in its natural state. He said if the land is developed the landslide problems have to be remediated. He said if the question before the Council is do you want a park then the professional advice is that in order to have park you need to take remedial steps. He continued to say if you donıt have a park then the question becomes, an event has not occurred within the past 17 years and that would be one of the factors that would come into play at the time something happens.
Cm. Raab said an engineer from Engeo, the geotechnical firm, had convinced the Finance Committee why the City needs to look at spending $1.3 million to remediate potential landslide problems.
In response to Mayor Kinneyıs questions, the City Attorney said if there is a slide, the slide could be triggered by any number of events. He said if the weight of the technical expertise was that it was triggered by what the homeowners did through landscaping or too much watering, then essentially the bulk of the liability would fall on them. If the evidence is that there was something that was happening down below that was a significant contributing factor that was on the Cityıs property, that would fall to the City. He said until it happens we are not going to be in a position to speculate as to who is responsible.
Mayor Kinney said wouldnıt the City be more liable if we did something to the bottom of the hill then if we didnıt.
The City Attorney said he did not feel you could say the City would be more liable but certainly we would be more susceptible to the argument.
Ted Bayham, engineering geologist with Engeo, said he had been involved since the beginning with this project. He said they had looked at almost everything with regard to slope stability in terms of factors of safety and explained why they had recommended buttressing the slope. He said they were recommending the lowest considered impact of the slope that would also increase the long-term stability.
Cm. Tatarka asked would the engineer recommend this be done whether or not a park was built on that site.
Mr. Bayham said while he did not feel the City would need to do it, it was what they would recommend in order to increase the stability.
Cm. Raab made a motion to adopt the resolution authorizing a budget increase for the Alta Mesa park project and to, 1) include a condition of approval that states no organized BMX competition or race program, 2) to look into increasing parking and, 3) to investigate obtaining trail easements across to the Bishop Ranch open space.
The motion was seconded by Cm. Tatarka.
Cm. Wilson said he had concern with the Little League area. He said he knew the City needed facilities but wondered whether the facilities should be at this location.
Mayor Kinney said he had concerns that this was not going to solve the problem. He said he felt the City needed a passive park and he would be voting against the motion. He said the Council had not heard from anyone that said they were in favor of the park. He said if there was anyone in the audience that felt this was a good project and wanted to get up and speak he would be willing to open the public hearing to see if there was any input in that direction.
The motion did not pass on a 2-2 vote (Mayor Kinney and Cm. Wilson dissenting).
* * * *
Mayor Kinney declared a five-minute break.
All Councilmembers were present when the meeting reconvened.
* * * *
Cm. Raab said because one Councilmember was not present he would like the Alta Mesa Park item be continue to the next Council meeting when the full Council would be present to vote on the issue.
Mayor Kinney asked for clarification.
The City Attorney said the motion failed and there was no action. He said if anyone on the Council wanted to move to continue the item, that motion would be appropriate.
Cm. Raabıs motion to continue the item to the next meeting was seconded by Cm. Tatarka and passed 3-1 (Mayor Kinney dissenting).
* * * *
Mayor Kinney asked if the Council voted on something and it was defeated how could we then continue it.
The City Attorney said this was a motion that did not pass and there was no action on the item, so it would have been appropriate for a follow-up motion to have been made. He continued to say if this had been a private development application where the City was required to vote up or down, the Council would have followed with another motion and kept going until it was either passed or if they were unable to pass it, to continue it to the next meeting. He said the Council was not required to do that because this was not a private development type application, it was a City administrative proposal. He said there was nothing wrong with a motion to continue the item in that the motion that was made did not pass.
* * * *
TRUANCY REPORT
The Police Chief said at the January 11 meeting staff was asked to look into the matter of truancy and to bring a report back to Council. He said . he had asked Officer Dan Douglas to look into the issue because of his close working relationship with the schools. He also said he had asked this item to be placed on the School District Liaison agenda. He said his research had indicated there was no mechanism in place to highlight truancy numbers as opposed to absentee numbers. He said the numbers provided him indicated an average of 2.2 unexcused absences per day out of student body of approximately 1900. He said he was told there were virtually no unexcused absences at the middle school.
Cm. Wilson said the visual aspect of what he sees in the community and the numbers on the staff report conflict. He said he was concerned about truancy not as something that was punitive but something that was proactive to protect our children and our neighborhoods. He said he would like to have information regarding the laws as they pertain to truancy. He said he did not feel truancy had been placed in a high priority in the City. He said as a parent he would like to know the police were there not to be punitive but to care about what was going on with the children in the community.
Cm. Tatarka asked if a police officer sees someone that they feel should be in school do they approach them or how do they handle that type of situation.
The Police Chief said there was not one reaction that would be all encompassing with every person. He said it would be improper to say that no one ever pays any attention to that type of situation but it would not be an accurate description to say that every officer behaves in exactly the same way. He said he would welcome any direction from the Council if they believe there needs to be a universal approach.
Cm. Wilson said recently on a school day at 10:00 a.m. in the morning he saw five middle school age children playing basketball. He said it bothered him that they could do that with the idea that no one would say anything.
Cm. Tatarka said she would like to know if this type of situation involved San Ramon children or were they coming from outside the City.
The Police Chief said he would welcome the opportunity to meet with Cm. Tatarka and Cm. Wilson to discuss the issue further.
* * * *
MEASURE "C" TRANSPORTATION SALES TAX
The Transportation Director introduced a resolution adopting high priority projects for inclusion in the extension of the Measure "C" Transportation Sales Tax.
Cm. Raab said in the report where it talks about Regional Bicycle and Pedestrian Trail Facilities would there be a way to include wording to say "examining or studying the potential undergrounding of Bollinger Canyon Road as part of the Iron Horse Trail".
The Transportation Director said there were specific projects for Bollinger Canyon Road and one was listed as Bollinger Canyon Road Grade Separation. He said this project is envisioned to be a project that would go from the City Center site to across Bollinger Canyon Road either elevated or underground.
Cm. Raabıs motion to approve the resolution adopting projects for inclusion in the extension of the Measure "C" Transportation Sales Tax was seconded by Cm. Wilson and passed 4-0.
RESOLUTION NO. 2000-17
ADOPTING HIGH PRIORITY PROJECTS FOR INCLUSION IN EXTENSION OF MEASURE "C" TRANSPORTATION SALES TAX
* * * *
FOREST HOME FARMS ADVISORY COMMITTEE
The Parks and Community Services Director said the Parks Commission was recommending the City Council review the proposed bylaws for the Forest Home Farms Advisory Committee and approve establishment of the committee. He said the recommendation was part of the Master Plan that had come before Council and it was anticipated the committee would begin its work in the spring, the same time a recreation supervisor was hired to work on the Master Plan. He said the Forest Home Farms Advisory Committee would be comprised of seven members in addition to staff.
Mayor Kinneyıs motion to approve the establishment and bylaws for the Forest Home Farms seven member committee was seconded by Cm. Tatarka and passed 4-0.
* * * *
MAYORSı CONFERENCE
Cm. Raab said he had attended the February 3 Mayorsı Conference held at St. Maryıs College in Moraga. He said the speaker of most interest was a representative from the Association of Bay Area Governments (ABAG), speaking on the regional housing needs for Contra Costa County. He said if a city does not agree with the number of housing units put forth by ABAG for them, they have one opportunity to appeal. He recommended the Planning Director, the City Manager and two Councilmembers get together to work on a detailed appeal that would be filed by the end of April.
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FAIR CAMPAIGN PLEDGE REGARDING MEASURES
Cm. Raab said the City of San Ramon has a Fair Campaign Practices Pledge that is applicable to candidates running for City Council but it does not apply to Measures. He said he would like to incorporate language for measures in the Cityıs Fair Campaign Practices Pledge.
Cm. Tatarka said this issue was discussed by the Internal Operations Committee and it was the consensus of the committee to survey other cities and municipalities and bring back an Ordinance to Council regarding ballot measures.
* * * *
CAMPAIGN SIGN ORDINANCES
Mayor Kinney said there were a lot of problems regarding campaign signs in the last election and he recommended the Internal Operations Committee looking at the current San Ramon ordinance regarding campaign sign requirements and come up with recommendations. He recommended the ordinance state a specific number of feet from the sidewalk for placement of signs. He also recommended if someone was going to put a campaign sign on private property that written permission be required.
The City Attorney said the Planning Commission was going to discuss this issue at their next meeting.
Mayor Kinney recommended that campaign sign violations be reported to the Zoning Administrator and if the committee does not have an agreement on file with the City, they should be contacted to sign one and if they do not, all of their signs will be removed.
* * * *
Mayor Kinney said an emergency item having to do with the Cityıs CCTA representative had come up after the agenda was posted and he recommended adding it to the agenda.
Mayor Kinneyıs motion to add the item to the agenda was seconded by Cm. Raab and passed 4-0.
The Transportation Director said at yesterdayıs SWAT meeting San Ramonıs request to appoint our representative to the CCTA had been presented. He said it was Danvilleıs position that they believe they should continue in that role and they were unwilling at this point to yield the seat to San Ramon. He said the Lamorinda jurisdictions did not feel the current bylaws empower them to vote on this issue. He continued to say a meeting was scheduled for February 14 to consider amending the rules of procedure and consider this item. He said he had not seen the proposed changes to the rules of procedure but it was his belief they would have to come back to the City Council for ratification. He said since the inception of CCTA appointing members to SWAT in 1989, San Ramon had held the seat one year.
Mayor Kinney said if there is a Danville liaison meeting he would like to direct San Ramonıs representatives to let it be known that San Ramon still wants the CCTA seat.
* * * *
The City Manager asked the City Council to add an item to the agenda that came up after the posting of the agenda having to do with the General Plan process.
Mayor Kinneyıs motion to add the item to the agenda was seconded by Cm. Tatarka and passed 4-0.
The City Manager said staff had distributed 11 requests for proposal to planning firms located in the Bay Area specializing in general plan work. He said one response had been received and due to time constraints it may be appropriate to proceed and initiate the general plan process with this firm. He said the proposed cost of the work was $500,000 and that included the EIR work. He asked for direction from Council.
The Planning Director said the major cost component on the whole project was the EIR but also the inclusion of the study and land use alternatives and the fiscal analysis for the Tassajara area. He said that was an area that was not looked at in previous general plan updates.
Cm. Raab asked staff if they felt there were other alternatives, other than getting a facilitator. He asked if additional staff could be hired temporarily.
The Planning Director said that could be done but said there were still a number of components that would have to be subbed out such as traffic, noise and fiscal issues.
The City Manager said the Planning Director said it would not be significantly less to hire additional staff rather than having a consultant facilitate the job.
The Planning Director said staff could continue to negotiate with the consultant to refine the scope and that would affect the cost.
The City Manager suggested that staff redefine the scope, initiate negotiations and report back to Council in the next two weeks.
It was the consensus of Council to direct staff to work with the consultant and come back at the next meeting with a report.
* * * *
The City Manager said at the workshop the Council had decided to readvertise for the Parks and Community Services Commission and to interview the applicants that had recently applied and the new applicants at the same time.
* * * *
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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