A regular meeting of the City Council of the City of San Ramon was called to order on March 14, 2000 at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino Ramon, Vice Mayor Raab presiding.
PRESENT: Councilmembers Hudson, Raab, Tatarka and Wilson
ABSENT: Mayor Kinney
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, Senior Planner Deborah Raines, Associate Planner Charlie Mullen and City Clerk Judy Macfarlane

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Melissa Cross, Cal High girls varsity soccer team captain, led staff and those present in the audience in a pledge of allegiance to the flag.

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The Public Services Director introduced new employee Tao Tan, a Maintenance Specialist in the Public Services Department.

The City Engineer introduced new employee Amy Hernandez, Engineering Specialist.

Vice Mayor Raab welcomed the new employees and gave them City pins.

Vice Mayor Raab introduced Kevin Walker, Coach of the California High School Girls Varsity Soccer Team, and said that the team had recently won the CIF-NCS Championship.

Mr. Walker introduced the girls that were present and told about their championship season.

Mark Corti, California High School Principal and Bill Clarkson, San Ramon Valley Unified School District Board Member, presented a plaque to the City in appreciation for the restroom facility, that is part of the San Ramon Olympic Pool and Aquatic Park Expansion Project.

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The City Clerk said an application had been received from Donald Wilfong for the opening on the Senior Citizen Advisory Committee. She said the Parks and Community Services Commission had interviewed Mr. Wilfong and were recommending the Council appoint him to the committee.

Cm. Hudson’s motion to appoint Mr. Wilfong to the Senior Citizen Advisory Committee was seconded by Cm. Tatarka and passed 4-0.

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Donna Kerger, said the California High School’s Girls Soccer team had an excellent coach in Kevin Walker and this was evidenced by the excellent year they had experienced.

Ms. Kerger also said she was currently chair of the General Plan Update Commission and encouraged the public to attend their meetings and to give input. She invited the public to join the Commission at its next meeting, April 5, and said the meeting would be a tour of the City.

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Cm. Hudson’s motion to approve the minutes of the February 22, 2000 Council meeting was seconded by Cm. Tatarka and passed 4-0.

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Vice Chair Raab said that Mayor Kinney was ill and not able to attend the meeting.

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Cm. Hudson’s motion to approve the following Consent Calendar was seconded by Cm. Wilson and passed 5-0.

FINANCE Register of Demands dated February 25 and March 3, 10, 17, 2000 in the amount of $2,341,729.43.

RESOLUTION NO. 2000-16

ACCEPTING A GRANT DEED (PARCEL "E" OPEN SPACE OF AMENDED FINAL MAP 7018) LOCATED BETWEEN OLD RANCH ROAD AND THE SAN RAMON/DUBLIN CITY LIMIT LINE (BENT CREEK/PONDEROSA HOMES) AND AUTHORIZING RECORDATION OF THE GRANT DEED

RESOLUTION NO. 2000-34

AUTHORIZING THE MAYOR TO EXECUTE THE MASTER AGREEMENT, ADMINISTERING AGENCY – STATE AGREEMENT FOR STATE FUNDED PROJECTS AGREEMENT NO. 000435 AND PROGRAM SUPPLEMENT NO. 264 REV. 000 WITH THE STATE OF CALIFORNIA FOR THE CROW CANYON ROAD SLIDE REPAIR PROJECT (CIP 8652) IN THE AMOUNT OF $100,000

RESOLUTION NO. 2000-35

AUTHORIZING THE MAYOR TO EXECUTE A CONSULTANT AGREEMENT WITH DYETT AND BHATIA TO PREPARE A NEW GENERAL PLAN, FISCAL AND ECONOMIC ANALYSES AND ENVIRONMENTAL IMPACT REPORT IN AN AMOUNT NOT TO EXCEED $500,000

RESOLUTION NO. 2000-37

AUTHORIZING THE CITY ENGINEER TO FILE AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM AND CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING FOR THE CAMINO RAMON OVERLAY – BOLLINGER CANYON ROAD TO NORRIS CANYON ROAD IN THE AMOUNT OF $531,000, COMMITTING THE NECESSARY LOCAL MATCH FOR THE PROJECT AND STATING THE ASSURANCE OF THE CITY OF SAN RAMON TO COMPLETE THE PROJECT

RESOLUTION NO. 2000-38

AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH ROSE ASSOCIATES LANDSCAPE ARCHITECTS, INC. FOR THE SENIOR CENTER PARK PROJECT (CIP 8202) IN THE AMOUNT OF $5,000

RESOLUTION NO. 2000-39

ACCEPTING A CERTAIN TRAFFIC SIGNAL, LOCATED AT THE INTERSECTION OF BOLLINGER CANYON ROAD AND CANYON LAKES DRIVE, AS COMPLETE AND FOR MAINTENANCE (SHAPELL INDUSTRIES/ THE BRIDGES AT GALE RANCH)

RESOLUTION NO. 2000-40

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RICHARD A. HEAPS ELECTRICAL CONTRACTOR, INC. FOR THE INSTALLATION OF AUDIBLE PEDESTRIAN SIGNALS 99-00 (CIP 7713) IN THE AMOUNT OF $32,242

RESOLUTION NO. 2000-41

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WINGARD ENGINEERING FOR THE INSTALLATION OF SAN RAMON VALLEY BOULEVARD STREET LIGHTS FROM SOUTH OF THE MARRIOTT COURTYARD TO MORGAN DRIVE (CIP 8642) IN AN AMOUNT NOT TO EXCEED $50,980

RESOLUTION NO. 2000-42

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR ADDITIONAL OFFICE SPACE LOCATED AT 2262 CAMINO RAMON

RESOLUTION NO. 2000-43

LANDSCAPING AND LIGHTING DISTRICT 1984-1 – DESCRIBING NEW IMPROVEMENTS AND ORDERING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER’S REPORT FOR FISCAL YEAR 2000-2001

RESOLUTION NO. 2000-44

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PACHECO BROTHERS GARDENING, INC. FOR THE PROVISION OF ROUTINE TURF MOWING SERVICES IN AN AMOUNT NOT TO EXCEED $136,836

RESOLUTION NO. 2000-45

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WHITE OAK LANDSCAPE FOR THE PROVISION OF ROUTINE TURF MOWING SERVICES IN AN AMOUNT NOT TO EXCEED $221,796

FOUNTAINHEAD DRIVE SLIDE REPAIR

Acceptance of work by Golden Pacific Construction, Inc. for Canyon Park/Fountainhead Drive Slide Repair Project (CIP 8417) as complete and authorize the City Clerk to file a Notice of Completion

HENRY RANCH RESIDENTIAL SUBDIVISION

The Planning Director gave an overview of the history of the westside area. He said a Westside Specific Plan had been adopted in 1989 and amended in 1997. He described the completed projects in the specific plan and reviewed the proposed projects. He also talked about the parks that were planned for the area.

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The Senior Planner said at a previous meeting homeowners that live in the Four Oaks Residential Subdivision in the Westside Specific Plan had expressed concerns about the proposed Henry Ranch project on a site adjacent to their subdivision. She said the concerns had to do with 1) chronological history of the project, 2) tree removal, 3) environmental review, 4) the applicable plans that apply to the Henry Ranch subdivision and, 5) school impacts.

Cm. Hudson confirmed there were 102 units in the project and two of them had already been built and asked if any of the units had been set aside for very low or low cost housing.

The Senior Planner said there was no very low or low cost housing planned for this project.

Dwight Busalacchi, expressed dismay and concern regarding the revision of the vesting tentative subdivision map of the J. Henry Ranch. He said when they bought their homes they were told the Henry Ranch would be low density housing. He said since then he had heard that high density housing was planned for that area. He said under the Subdivision Map Act all residents within 300 feet of a proposed subdivision or a change in a subdivision map have to be notified by mail or public notice. He continued to say he was not notified and neither were many of his neighbors.

Ben Fonicier, asked the Council to reconsider the number of trees that have been approved for removal on this project.

Robert Greene, said the older oak trees were a landmark in this area and something we treasure. He said there were some 85 protected species on the Henry Ranch that were slated to be cut. He said the possibility of the red legged frog on the Henry property should be looked into. He said he moved to the area because of the good schools and the impact of this high density development on our children should be considered.

Joe Plechaty, showed pictures of what the proposed development on the Henry Ranch would look like. He expressed concern that some of the residents in the area were not notified so that they could have come to the City to speak against the project.

Tin Phan, said the plan was not adequately communicated to the residents in the neighborhood. He said the development would cause significant destruction to the landscape. He also expressed concern regarding the overcrowding of schools and the stability of the hills.

Cm. Hudson said for the first time in eight to ten years the City was in a good position with the schools as far as overcrowding. He also said there is a great concern for the habitat. He said it sounded like the residents had a legitimate complaint regarding disclosure with the developer. He said he felt the project should move forward and in the future the City should try to reach out and let the community know a little better what is being planned.

Cm. Wilson said he felt the notification area should be increased. He said the open space area in question was in the county and not in the City’s jurisdiction. He said there was a quality of life in San Ramon that he felt was being diminished and we have to get control over the county.

The City Attorney explained the subdivision process was a two step procedure. He said the vesting tentative map, which is a discretionary approval, was approved in July 1999. He continued to say after the subdivider receives tentative map approval they have a vested right to proceed with the next step which is the approval and recording of the final map. He said the only contingency was that the final map must conform to the tentative map. He said the developer had received tentative map approval and was entitled to proceed with the final map and there was really no such thing legally as suspending the project or halting development. He said as far as noticing is concerned the legal standard that the City is required to go by was the assessors record at the time.

The Senior Planner said when a developer makes application to the City, they have to submit a complete application and part of that application package is a 300 foot noticing list. She said a noticing list was received from the developer in May for the Planning Commission meetings in June and July as well the City Council meeting in August when the rezone was considered.

Cm. Tatarka said the notification process should be changed and recommended increasing it to 700 or 1000 feet. She said the City has got to stop approving projects when the residents are the last to know. She said once a project has been approved was there any type of negotiation after to mitigate the neighbors concerns.

The City Attorney said the 300 foot minimum for notification and the use of the assessor’s records was the state law. He said while the notification in San Ramon is on a case by case basis, there had been many times that the City had gone beyond that. He said anything the Council wants to do above and beyond the state requirement was up to them.

The Senior Planner said in accordance with the project’s conditions of approval, following project approval by the Commission and Council, the Architectural Review Board grants final architectural review recommendations regarding the building architecture and the site landscaping. He said to date the ARB had given their final approval with one exception to the building architecture and to the tree survey. He said the landscape plans had been preliminarily approved at the February 3 meeting and had to come back for final approval.

The City Attorney said at whatever point the ARB is still involved the residents can have input. He said everything that has been approved is fixed and would require the cooperation of the developer if there were to be any changes.

Vice Mayor Raab said he hoped the residents would go after the developer, especially those that had paid extra for a view lot. He recommended that the Internal Operations Committee look at a better notification process. He said he would like the City to take a more proactive approach with new developments.

The Senior Planner confirmed there would be an on-site arborist on the project. She said she conferred with the developer and the arborist during on-site visits to the project to ensure that all recommendations contained in the tree survey were fulfilled as well as going back to the site after the development to make sure that they had fulfilled the mitigations.

Cm. Hudson made a motion to accept the report and direct staff to proceed with the final map.

Cm. Tatarka asked if there was anything the City could do to help the residents and was there only a recourse with the developer at this point.

The City Attorney said the City was not in a position to advise the residents as to what their legal remedies were but in his view, every conceivable statute of limitations on the City’s actions had expired.

Cm. Hudson restated his motion and it was seconded by Cm. Tatarka.

The motion passed 4-0.

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POLITICAL SIGNS IN RIGHT-OF-WAY

The Associate Planner said last November staff had been directed to research issues involving political signs in the public right-of-way and to take the issue before the Planning Commission for review and consideration. He said the request had come from an issue in the November 1999 election involving political signs possibly being placed in the public right-of-way as well as enforcement issues. He said over the past several months staff had done a lot of research on the issue as well as contacting other communities. He said the information was presented to the Planning Commission on February 15 and after consideration of the issues they recommended the City Council not consider allowing political signs to be placed in the public right-of-way. He said the Planning Commission also recommended that additional enforcement of the current ordinances be undertaken.

No one from the audience spoke on the issue.

Cm. Hudson said he concurred with the Planning Commission’s recommendation. He said it was a totally unenforceable situation.

Cm. Tatarka said she agreed with the Planning Commission’s recommendation about keeping political signs out of the public right-of-way. She said the difficulties were with the signs placed in the City by campaigns for other than City Council and especially those that were associated with ballot measures.

Cm. Raab said the problem was with outside candidates after an election. He said quite often sign companies are paid to print and install signs and they place them everywhere within the City. He recommended staff be directed to send a letter to sign companies in the Bay Area and candidates addressing Council’s concerns about this issue.

Cm. Hudson’s motion that the City Council receive the report and give direction to staff to follow the Planning Commission’s directions and add the addition in regard to sending out the letters to sign companies, was seconded by Cm. Tatarka and passed 4-0.

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APPEAL/CANINE FACILITY ON DEL MAR AVENUE

The Parks and Community Services Director introduced an appeal of the Parks and Community Services Commission approval of the conceptual design of the Alcosta Community Canine Facility commonly known as the dog park on Del Mar Avenue within the PG&E right-of-way. He said the right-of-way was zoned for park purposes and staff hoped some time in the future to develop the entire right-of-way for park purposes. He said Kim Borrero, the appellant, was concerned with the access point on the cross valley trail, the location of the gate on the cross valley trail, and speeding cars on Del Mar Drive.  

Kim Borrero, said he lived on the property closest to the proposed dog park. He said he felt the dog park had been approved without proper representation from him or any of the neighbors. He said a dog park would increase auto and foot traffic on Del Mar Drive, it would increase noise, it would increase the possibility of the smell of fecal matter, increase the insect population from the fecal matter, decrease his privacy and possibly compromise the security of his home. He asked Council to come and see what he was talking about before a decision was made.

Cm. Hudson confirmed that all of the issues brought up by Mr. Borrero had been addressed by the Parks and Community Services Commission.

Cm. Tatarka asked what the Parks Commission said when Mr. Borrero brought up these issues.

Mr. Borrero said the Parks Commission had assured him that before the dog park was designed everything would be acceptable to him. He said he did not see the urgency or the necessity of having a dog park at that location.

Russ Dow, said he was not interested in having a dog park directly across from his home. He said it was not just going to be a traffic problem, it would be a problem for everyone in the community. He said it would involve litigation and animal control. He said with a dog park, there would be an insect infestation during the summer heat. He said a dog park would be an attractive nuisance in a residential area.

Rosalind Rogoff, said that dogs run in the creek bed behind her house. She said if there is going to be a dog park that area needs to be fenced so that dogs do not run on private property.

Melanie Plain, said that she had done extensive research on dog parks. She said dog parks in other cities were very successful and extremely well used. She said a lot of the dog parks were in residential areas and did not cause more traffic.

Hope Michelsen, said they had visited dog parks when they drove across the country a few years ago and not one of the parks had a problem with poop because people cleaned up after their dogs. She said a dog park was a different type of atmosphere than walking a dog on the Iron Horse Trail.

Dahr Kliner, said in terms of putting the concerns in perspective he felt the most valid thing to do was to look at existing dog parks. He said the Livermore and Pleasanton dog parks are in residential areas and are successful.

Sandy Barclay, suggested red curbing the area in front of the homes that would be affected by the increased dog park traffic.

Carrie Conlon, expressed concern about parking. She said she had a small child that would be walking to school and asked if the dogs, going to and leaving the park, would always be on a leash. She also expressed concern about the noise from the dogs and the hours the park would be open.

Christa Freihofner, said she did not feel the dog park would do anything to enhance the neighborhood.

Mr. Borrero said the proposed dog park was small and low budget. He said the park would only magnify the existing problems of speeding, traffic and garbage.

Cm. Wilson said the issue of proximity to the school had previously been discussed by the Parks Commission.

The Parks and Community Services Director said there had been a discussion regarding dogs putting their muzzles through the fence and a black vinyl chain link fence had been proposed to prevent that from happening. He said the hours of operation for the park would be dawn to dusk.

Cm. Hudson confirmed the Iron Horse Trail also had dawn to dusk hours and was patrolled and maintained by East Bay Parks.

Cm. Wilson said he had been involved in the dog park discussions since 1997 when he was on the Parks Commission. He said at that time his concerns were security, the location of the neighbors to the park, the proximity to the school. He said he did not feel Mr. Borrero’s concerns regarding traffic, speeding issues and privacy had been addressed.

The Transportation Director said the City had a residential traffic calming program and they would be glad to work with the residents through the Transportation Advisory Committee to come to a solution that works.

Cm. Hudson said the real issue is not the cross valley trail but whether or not there is a gate leading from the trail into the dog park. He asked Cm. Wilson if he was suggesting the park was ok, but change the gate or was he saying the park was not ok.

Cm. Wilson said when this issue was discussed by the Parks Commission he was the only one that voted against it and he still did not like it.

Cm. Hudson said when the Iron Horse Trail went in traffic increased but he had not heard anyone complain about it. He said he did not feel there would be a big problem with the dog park. He also said he did not feel there would be a problem with the dogs and the young children going to school. He said he had not heard anything presented in the appeal that would stop him from voting for the park.

Cm. Tatarka said there were a lot of issues involved in this decision. She also confirmed that dog owners would use both the Alta Mesa dog park and this one. She said she felt Mr. Borrero’s concerns should have been addressed at the Parks Commission level. She said she would recommend this issue go back to the Parks Commission where the needs and concerns of the residents and dog owners could be addressed.

Vice Mayor Raab said a number of years ago when issues regarding the cross valley trail were discussed, all of the neighbors were against it. He said mitigation measures were installed and to-date there had been no complaints from those that had spoken against the trail. He said by having dog parks, the City’s leash laws could be more strictly enforced. He said the dog parks would be strictly monitored and if they were not properly taken care of they would be removed. He recommended instigating the mitigations and going forward with the dog park.

Cm. Hudson made a motion that the City Council deny the appeal of the Parks Commission approval of the conceptual design of the Alcosta Community Park Canine Facility, to be located on Del Mar Drive within the PG&E right-of-way and continue to work with neighbors to mitigate the view shed, making special note that should modifications to this design be made, additional funding may be required to complete the project and to make special note of Vice Mayor Raab’s suggestions that mature trees be planted, particularly on the south portion where Mr. Borrero’s home is located.

Cm. Tatarka seconded the motion.

Cm. Wilson asked what recourse did Mr. Borrero have if his concerns were not met as far as the location of the gate and security.

The City Attorney said the nature of an appeal is that staff will come back in two weeks with a resolution of findings covering the different aspects.

Cm. Hudson modified his motion to say that the Council intends to deny the appeal with the conditions of approval returning in two weeks for approval.

Cm. Tatarka seconded the amended motion and it passed 4-0.

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Vice Mayor Raab called for a five minute break.

Councilmembers Hudson, Tatarka, Wilson and Vice Mayor Raab were present when the meeting reconvened.

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CENTRAL CONTRA COSTA SANITARY DISTRICT SEWER

The Vice Mayor said all of the questions that were brought up at the last Council meeting regarding the Sewer Tunnel Project had been forwarded to Central San. He said they TUNNEL PROJECT would be addressed and Central San would present their answers at the next Council meeting. He said he was requesting, with the approval of the Council, that staff be directed to write letters to the Board of Supervisors, specifically District 3 Supervisor Donna Gerber, to State Assembly Person Lynne Leach and to Dublin San Ramon Services District, explaining the displeasure and the concerns voiced at the February 22 Council meeting, with a copy of the letters going to Central San. He said the City Attorney was looking into the issue to see where the City stands and what grounds there may be to fight the proposed project.

Rosalind Rogoff, said she had been in touch with the DSRSD Board regarding the issue.

Vice Mayor Raab said speaker cards against the sewer project had been received from Beth Rivoire, Margo Coleman, Nancy Bryant, Ron Bryant , Sandy Zarclay, and Ron Morse.

Christa Freihofner, said she had attended a Central San Board meeting on March 1. She said at that meeting there was a distortion of facts as to what had actually taken place at the February 22 Council meeting regarding this issue. She also said she had contacted Supervisor Gerber’s office to express her displeasure.

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DISCOVERY CENTER FUNDING REQUEST

The Executive Director of the Discovery Council Center of the San Ramon Valley asked the Council to fund the Discovery Center during this very critical year for the agency. She said they were in the process of moving into a new location and were consolidating their office sites and preparing to do a major expansion of programs. She said the Discovery Center was a non-profit community based organization that provided mental health services to all those that work or live in the San Ramon Valley and they had in business since 1971. She said they provide a service to people in the community that need help that would not get help in any other way.

Vice Mayor Raab said what is normally done with a request like this one where it involves social or non-profits, the request was forwarded to the Finance Committee. He said the Finance Committee evaluates the request and may recommend funding or consideration in the next year’s budget. It was the consensus of Council to forward the request to the Finance Committee.

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MAYORS’ CONFERENCE

The City Manager said he had attended the Mayors’ Conference in Richmond and the significant action taken was to support the City of Antioch in addressing a letter to Governor Gray Davis and others on the BART extension, asking that the BART extension to San Jose be reconsidered in light of the need for a BART extension to Antioch for the people that had been paying into the system for 30 years.

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CABLE TELEVISION NEGOTIATIONS

Cm. Tatarka said she and the Parks and Community Services Director had attended a meeting regarding the Cable Television renewal franchise on March 2. She said the meeting was attended by staff and elected officials from the cities of San Ramon, Livermore, Dublin and Pleasanton and a representative from Telecommunications Management Corporation to discuss the key issues of the AT&T franchise renewal which expires December 31.

The Parks and Community Services Director asked if the Council wanted to schedule a workshop to discuss the franchise items or did they want Cm. Tatarka and staff to carry forward the information and allow them to continue with the cable franchising negotiations.

It was the consensus of Council to direct Cm. Tatarka and staff to continue with the franchising negotiations.

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CCTA

Cm. Hudson said the Contra Costa Transportation Authority has a citizens advisory committee and Harvey Riggs has been San Ramon’s representative to that committee. He said Mr. Riggs had recently been appointed to the General Plan Update Commission and would no longer be able to serve. He said the South West Area Transportation Committee by-laws allow for a Transportation Committee representative or a member of the Planning Commission to attend the meetings. He recommended offering this position to the Planning Commission as well as the Transportation Committee to see if there is interest.

The Transportation Director said the Transportation Authority has requested that each jurisdiction appoint a representative to the CAC and the only time this had occurred before the Council had asked the Transportation Committee to nominate someone and the Council would appoint them.

Cm. Hudson recommended opening the position to the Planning Commission and the Transportation Committee to see if there is interest.

It was the consensus of Council to direct staff to solicit applications for the CAC from the Planning Commission and the Transportation Committee and return with names for Council approval.

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There being no further business to come before the Council, at 11:00 p.m.Vice Mayor Raab adjourned the meeting to closed session pursuant to Section 54956.8 of the Government Code for the purpose of discussing possible acquisition of real property, APN: 209 350 001, 3000 Bollinger Canyon Road, San Ramon and giving instructions to the City Negotiator, Jeff Eorio.

Curt Kinney, Mayor
Judy Macfarlane, City Clerk