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MINUTES OF THE JUNE 27, 2000 A regular meeting of the City Council of the City
of San Ramon was called to order on June 27, 2000 at 7:30 p.m. in the Council
Chambers at City Hall, 2222 Camino Ramon, Mayor Kinney presiding. * * * * After calling the meeting to order Mayor Kinney announced the Council met in closed session to discuss the personnel evaluation review of the City Clerk – Government Code 54957. * * * * PLEDGE OF ALLEGIANCE Cm. Tatarka 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 new employees Jim Carlson, Recreation Coordinator and Ronnie Burney, Recreation Technician. Mayor Kinney welcomed the new employees and gave them City pins. The Administrative Services Director introduced summer interns; Vaman Kamath, Andrea Levy, Heather Norem and Arnold Woodall. Vaman told the Council and audience about his involvement with "Students Against Violence" a group that brought students, parents and teachers together after students had been murdered in Columbine, Colorado. Mayor Kinney welcomed the interns, gave them City pins and said he hoped they would have a great experience this summer learning about the City. * * * * PUBLIC COMMENT Rosalind Rogoff, talked about the articles that had appeared recently in newspapers regarding the Estero Drive sewer line proposed by Central San. She said she had a web site where anyone could receive an update on this issue. Sandy Barclay, said the Larwin pump station, scheduled to serve the proposed Mangos/Estero Drive sewer line was one of Central San’s five major pump stations. She said the space for this station was very limited, it was surrounded by homes and Cal High and asked how its capacity could possibly be increased. Donna Kerger, Chair of the General Plan Review Commission, invited everyone to attend a General Plan community workshop on Thursday, June 29 at 7:00 p.m. at the PG&E Learning Center. She thanked the City staff for all of their hard work over the past four months on the General Plan Review. Ron Morse, talked about the impact on wildlife caused by all of the development in the area. He said we need to learn to live with the wildlife not destroy it. * * * * APPROVAL OF MINUTES Cm. Raab’s motion to approve the minutes of the June 13, 2000 meeting was seconded by Cm. Hudson and passed 5-0. * * * * CONSENT CALENDAR Cm. Wilson asked that item 8.7, agreement with Adrianna Russell, be removed from the Consent Calendar for discussion. The City Manager commented on item 8.9, purchase agreement for the "Wood Lot", that the environmental clearance for the "Wood Lot" had been received that day and the closing on the property would be the end of this week or the beginning of next week. Cm. Hudson’s motion to approve the following Consent Calendar was seconded by Cm. Raab and passed 5-0 FINANCE Register of Demands dated June 9, 16 and 30, 2000 in the amount of $869,676.91 RESOLUTION NO. 2000-93
RESOLUTION NO. 2000-95
RESOLUTION NO. 2000-98
RESOLUTION NO. 2000-99
RESOLUTION NO. 2000-102
RESOLUTION NO. 2000-104
RESOLUTION NO. 2000-105
* * * * TRANSIENT OCCUPANCY TAX The City Attorney said the Council at its last meeting had requested information regarding the procedure to increase the City’s transient occupancy tax (TOT) which at the present time is 7.25%. He said the tax was imposed in that amount by Ordinance in 1993 and it would be necessary in order to raise the tax that the ordinance be amended. He said additionally because of the passage of Proposition 218 it would be necessary to submit any proposed increase in tax to the voters. He said the TOT was a general tax that would require a majority vote for confirmation by the public and could only be placed on a regular election ballot where members of the City Council are also on the ballot. This would mean that the earliest a proposed increase could appear on the City’s ballot would be in November 2001. Cm. Raab said if funding for the Convention and Visitors Bureau is approved again next year he would ask that an increase in the TOT be placed on the November 2001 ballot. Cm. Hudson asked if it would have to go to a vote if the Council wanted to lower the TOT? The City Attorney said no and that Proposition 218 talks only in terms of imposing new taxes or increasing taxes. Mayor Kinney said this issue would be placed on the back burner for possible discussion in the future. * * * * EBMUD – SCENIC PRESSURE ZONE IMPROVEMENTS PROJECT The City Engineer said the East Bay Municipal Utility District, EBMUD, was the water service provider for the City and other cities in the East Bay. She said EBMUD had prepared a draft Environmental Impact Report, EIR, to analyze and assess a proposed project called the Scenic Reservoir Improvements Project. She said a component of this project that would impact San Ramon was an 11million gallon reservoir tank. She said EBMUD had analyzed two alternative sites for the tank and the preferred site was located in Danville off of Lawrence Road. The second site is located at the Danville/San Ramon city limit line in the area of Crow Canyon Road/Dougherty Road. Marilyn Miller, Director of Engineering for EBMUD, introduced the project and EBMUD staff. Bill Kirkpatrick, EBMUD Engineering staff, discussed the need for the project, the reservoir site analysis, the draft EIR, the preferred alternatives and the project schedule. He said the deadline for comments on the EIR was July 14 at 5:00 p.m. Ms. Miller said while Mr. Kirkpatrick had focused on site F, which is on the borderline between Danville and San Ramon, to give the Council a better understanding of what that site was all about, the preferred alternative was site G. Cm. Hudson said sites F and G were not growth inducing but site H was. Ms. Miller said the capacities would be the same for all three sites but the issue with site H was the location. She said it was in an area that was supposed to be the Alamo Creek Subdivision project. She said site H would move the District’s infrastructure outside of the current service boundary and that could be a growth inducing problem and a water supply problem. Cm. Raab’s motion that the Council direct staff to draft a letter recommending the preferred site that is in Danville because it would serve Danville residents and it would not impact San Ramon at all, was seconded by Cm. Tatarka and passed 5-0. * * * * CROW CANYON ROAD CORRIDOR IMPROVEMENT PROJECT The Transportation Director introduced a resolution adopting a roadway alignment for the Crow Canyon Road Corridor Improvement project. He discussed the need for the project and the background of the project from a traffic point of view. He said the project basically consists of taking the segment of Crow Canyon Road from Alcosta to I-680 and widening it from six lanes to eight lanes. He said the project was incorporated in the Circulation Element of the City’s General Plan in 1986 and has been carried forward as a Capital Improvement Project since 1990. The City Engineer said the project was before the Council to advise them of the scope and the elements that were involved. She said it was a corridor project and would involve not only Crow Canyon Road but also some streets off of Crow Canyon Road both to the north and the south. She said staff was requesting the Council approve an alignment so that they could proceed with the design. Ken Giberson, McKay and Somps project manager, said they had been working with staff and the community for some time on the project to develop alternatives for study and recommendation. He said traffic studies were performed determining a.m. and p.m. peaks and turning movements and those studies resulted in the preparation of two different alternatives. He talked about project objectives, design constraints, proposed improvements, potential impacts to private properties and what that meant in terms of potential right-of-way acquisition and project benefits. Keith French, landscape architect, reviewed the landscape plans for the project and answered Council questions. In response to Cm. Hudson’s questions, Mr. French confirmed the alder trees would be removed by Carls’ Jr. and said that was because of the encroachment into the root zone. Cm. Hudson asked for a description of the Alcosta/Crow Canyon area where an entry statement is mentioned. Mr. French said this would be subject to design review but in concept it was an entry wall that provided a backdrop coming up Alcosta. He said the improvement was to upgrade that intersection to an announcement through the corridor both for people coming into the City and traveling through the City. Cm. Raab asked that landscaping and beautification of the Iron Horse Trail be considered in this project. He said he did not like the term entry statement at that point because it really wasn’t an entrance to the City. Mayor Kinney asked if a lane would be added on the homeowners property north bound on Alcosta toward Crow Canyon Road. Mr. Giberson said there was a demand for a full right lane in that area. Mayor Kinney said that was an unattractive corner with a large expanse of land and high grass. Mr. Giberson said the landscaping plans could be extended to this area. He said currently at this location there were two left lanes and a right one and two right lanes were needed at that location to handle traffic movements over time. Bill Scarbrough, operator of the Burger King restaurant, said if the Crow Canyon Road Corridor plan was approved they would favor the southern alignment alternative. He said he had concerns regarding the right turn out at the Burger King site on Camino Ramon. He said they would like to have an ingress and egress in both directions. He also said they were concerned about preserving ingress and egress during construction and keeping the restaurant and the other businesses in the center open for business. Mr. French confirmed redwood trees would be removed on Camino Ramon in both the southern and northern alternative. Paul Mitchell, said he had a question regarding the four lanes of traffic feeding into what was essentially a three-lane through interchange at Crow Canyon Road with two right hand only turn lanes that feed the clover leaf. He said it always frustrated him that the right turn lane with a little bit of concrete elimination could be made a through lane and add more capacity to that area. Harvey Riggs, said he hoped the Traffic Advisory Committee would have an opportunity to review the project. He said the City has very few north/south arterials and both of the major ones impact Crow Canyon Road. He said as this project is studied he would like to make sure that we look at free access right-hand turns to and from the major arterials so that traffic was not stacked up at the signal lights. Cm. Hudson said he agreed with Mr. Riggs that the Transportation Advisory Committee should look at the project and that everything that we are doing should focus on how we are accessing our north/south corridors. He said he agreed with staff that the southern alignment was the way to go and definitely felt the corridor had to be expanded. He said he would rather do it now and be ahead of the game rather than waiting until the population had grown. Cm. Hudson made a motion to adopt the resolution approving the southern roadway alignment. Cm. Raab said he would second the motion if landscaping of the Iron Horse Trail could be incorporated and the verbiage that referred to "entry statement" be reworded. Cm. Hudson amended his motion to include Cm. Raab’s suggestions. Cm. Wilson confirmed the motion included the Alcosta/Crow Canyon area addressed in the Council discussion. The motion passed 5-0. * * * * Mayor Kinney declared a break. All Councilmembers were present when the meeting reconvened. * * * * CROW CANYON GARDENS APPEAL The Parks and Community Services Director introduced an appeal from the Crow Canyon Gardens Institute regarding the Parks and Community Services Commission approval of lighting adjacent to Crow Canyon Gardens. He outlined the history of this issue with the City, the Institute and Mudd’s restaurant. He said over a year ago the owner of Mudd’s restaurant, John Ebert, discussed with the City the potential for lighting of the inner garden area. He said at that time City staff met many times with members of the Institute to discuss if the lighting were to take place in the Gardens it would have to come to the Parks Commission and to City staff approval. He said in February 2000 the restaurant installed lighting on its building that didn’t encroach on the gardens without the City’s knowledge. He said after meetings with Mr. Ebert and members of the Institute suggestions had been made to mitigate the lighting to a softer more aesthetic light. He said the Parks Commission met on May 10 to review the lighting at the gardens and at that time came up with the following conditions which Mudd's agreed to; 1) reduce the lighting currently installed, 2) diffuse the lighting providing softer lights, 3) install a different type of light which would have very little or no impact on plant growth, 4) turn off the lighting nightly by 10:30 p.m., 5) the restaurant would discourage patrons or anyone else from walking in the gardens after dark and, 6) the restaurant would make the modifications following the Commission meeting within 45 days. He continued to say because the appeal was received prior to the 45-day period nothing had been done. The Commission feels the installation of the reduced lighting, the mitigated compromised solution would have a positive affect on the Crow Canyon Gardens and would enhance the evening ambience of the site and would have little if any impact on the growth of the plant life. Linda Wilgus, Crow Canyon Institute (CCI) Executive Director, said CCI had worked at the Gardens with the former restaurant owner and the City to implement a vision which included a beautiful, productive, demonstration garden. She said the results of their labors were regional, national, and international recognition of the gardens and the City of San Ramon. She said Crow Canyon Gardens offers visitors a living model of successful organic gardening. It was also a place of beauty, respite and nature, that was its ambiance and they objected to the lights because they thought they were not in keeping with that ambience. She listed four objections to the lights, 1) they are inconsistent with the dawn to dusk hours of operation of the park, 2) they are an intrusion on the beauty and natural essence of the place, 3) at best the lights affect on the plant life was undetermined and, 4) night lighting the garden would be an invitation for people to walk into the garden after dusk which might cause liability issues. She asked the Council to support the appeal and to ask Mr. Ebert not to have the flood lights going into the garden. Cm. Wilson asked if there were any communication at one time about lighting the gardens such as the trees or certain areas. Ms. Wilgus said in May 1999 it was the Institute’s understanding that it had been suggested that lighting be put in the garden and at that time Mr. Ebert had been told he would have to get the permission of the Commission to do anything within the gardens. She said at that time they had expressed the Institute’s objections to lighting to staff and they were told they would have an opportunity to go to the Parks Commission. She said after the appearance of the lights in January, they had requested a meeting with all of the concerned parties and a plan was floated, as an alternative, to flood light certain trees. Cm. Tatarka confirmed that the lighting on the restaurant had come as a total surprise to the Institute and they had hoped they would have an opportunity at the Parks Commission to give their input on the lighting. She asked when people come to view the gardens did they realize that it was a City park or did they feel it was part of Mudd’s restaurant. Ms. Wilgus said most people feel it belongs to the restaurant and are completely unaware that the City pays for the maintenance of the gardens. Mayor Kinney said in the recently passed budget there was a plan to construct a building in the gardens and asked wouldn’t there be lights in that building. He continued to say from a security point the police department would want floodlights on the building if it was going to be a City building. Ms. Wilgus responded in looking at the original Master Plan when the initial proposal was filed she did not recall there was any flood lighting proposed for the building. She said there is not much that is done in the park at night and it was her assumption the lighting for the building would be the same as the existing lighting which was not much. Mayor Kinney confirmed the current lighting was on a building owned by the restaurant. He asked how does the City control anyone that puts lights on their own building. The Parks and Community Services Director said that was part of the issue because originally when lighting was discussed, everyone agreed that up lighting of trees would be good. Mr. Ebert and the restaurant knew that if there were any encroachment on City property for lighting that the plan, design, the fixtures and the electrical connection would have to be reviewed by all of the appropriate departments in the City including the Commission. He said the restaurant decided that was too expensive, they had a less expensive option to floodlight and they did not need Commission and staff review to install some new electrical fixtures and put up some lights on their own property. John Ebert, owner of Mudd’s Restaurant, said as the owner of the restaurant over the past 10 years, he believed they had demonstrated their willingness to be a team player and a good neighbor. He said they had willingly demonstrated their desire to cooperative by moderating the restaurant’s lighting and had installed a prototype of a warmer and softer light in one of the three fixtures which they believed would add a more natural look to the garden after dark. He said one might contest that the lighting only benefits the restaurant and its patrons, that the park stands a greater chance for damage and liability problems when lit at night and that the plants would be harmed by artificial night lighting. He said all of these arguments could be successfully debated to the contrary and he was at a loss why the Institute was so insistent in their demands. Cm. Tatarka asked why this specific lighting was chosen and why it was installed without the Institute’s knowledge. Mr. Ebert said, as was discussed earlier, they had gone through the effort of trying to go into the garden and install low voltage and actually encroaching onto the property. He said the decision was not pursued for two reasons, 1) they were not able to do the project through a barter agreement and, 2) a wedding at the restaurant at the last minute had installed temporary spots for an event and that was how the idea came about. He said there was not really a lot of preplanning in terms of the quality or style of the lighting. He said the thought never crossed his mind that there would be any objection from the Institute. Cm. Wilson said, as discussed originally, there had been talk about lighting the trees and asked why this idea was not pursued and maybe coming to the City or the Institute with the possibility of sharing the cost. Mr. Ebert said at the beginning of the year business was slow and although he could not say the 18% increase in business since that time was due solely to the lighting, he felt it has made a large improvement. Ms. Wilgus said the Institute has tried very hard to work with Mudd’s restaurant. She said she disputed the benefit of the lights and did not feel they were attractive nor were they helping business. Cm. Hudson said Ms. Wilgus had mentioned that she had not had an opportunity to comment on the lights and asked if she had attended the Parks Commission meeting when the lights had been discussed. Ms. Wilgus replied it was the way the issue of the lights had come to the meeting. She said initially they had understood that prior to any lighting being installed, the decision of whether or not there would be any lighting would come to the Commission and they would have an opportunity to make their comments and that did not happen. She said when it came to the Commission the lighting was already in place and it sounded as though that made a difference in the way several commissioners made their decision. Cm. Hudson said what it really comes down to is who is going to make the decision as to what kind of lighting or if there is going to be any lighting at all. He said he had not heard anything that would compel him to reverse the Parks Commission’s decision and recommended that the Commission stay on top of the issue and come to some conclusion. Mayor Kinney said based on the comments of staff he was not sure the Parks Commission had any jurisdiction over lighting on Mr. Ebert’s restaurant property. The Parks and Community Services Director said the Parks Commission’s decision was a compromise agreement that was worked out between the Commission and Mudd’s Restaurant and there was nothing legal about it in terms of requirements. The City Attorney acknowledged this was a unique situation where there was a private business and an adjoining public facility working together. He said if a facility wants to put up a light on the side of its building they can do it and where the City comes into the picture is in the development, the approval process, conditioning a project, a use permit, development plan and at that time we can impose the lighting requirements. He said there was an effort that was agreed upon between the restaurant, the Parks Commission and the Institute to work together and attempt to come up with something to satisfy everyone’s concerns. He said this appeal was not a yes or no kind of appeal and he did not feel the Council had the authority to tell the restaurant to take down the lights. Cm. Wilson said the original purchase agreement states the City outlines the desire and need to maintain the overall ambience of the site, maintaining mutual benefit. He asked the City Attorney to clarify mutual benefit if there is a problem and one sector does not see mutual benefit. The City Attorney said Cm. Wilson was talking about a purchase agreement that was consummated with the close of escrow and the acquisition of the property. He said he did not see the language in the agreement as establishing any legal mechanism for either side and therefore there was no on-going enforcement. Cm. Wilson said what he was concerned about was the co-existence for mutual benefit. He said he felt the lighting was unnatural and unacceptable and hopefully the restaurant would work with the City to put in some sort of natural lighting. Cm. Raab said the restaurant benefits tremendously from having the gardens because of the Bay Area and national recognition and it was a symbiotic relationship. He said hopefully the restaurant and the gardens, with the City as a mediator, could come up with a plan that was acceptable to all parties. The City Attorney said he felt this was a legitimate appeal. He said given the nature of the appeal and the process that had led up to the appeal he felt there was nothing wrong with the Council indicating how they think that it should be resolved and asking the Parks Commission to stay involved. Mayor Kinney made a motion that Council deny the appeal but direct staff and the Parks Commission to work with Mudd’s restaurant and the Institute to mitigate the lights. The City Manager said the property owners were Mudd’s restaurant and the City of San Ramon and the Crow Canyon Institute was a landscape maintenance contractor that the City hired to maintain the gardens at a certain level and to maintain a symbiotic relationship with the restaurant. He said the Parks Commission has acted as the property owners representative, the property owner being the City, and ultimately the Council had to deal with Mudd’s restaurant and the City. Cm. Hudson seconded the motion to deny the appeal. The motion failed on a 2-3 vote (Cms. Raab, Tatarka and Wilson dissenting). Cm. Raab’s motion to uphold the appeal and get all parties together to work out an acceptable solution was seconded by Cm. Tatarka and passed 4-1 (Cm. Hudson dissenting). * * * * COUNSELING SERVICES AGREEMENT Cm. Wilson asked the Parks and Community Services Director to describe the program for counseling services covered in the agreement with Adrianna Russell and how it differs from the Discovery Center’s program. The Parks and Community Services Director said there were three components to the City’s Community and Youth Resource Program, counseling, police intervention and recreation. He said the purpose of the program was to, 1) try to keep kids from entering the criminal justice system, 2) help kids turn their lives around and, 3) get the kids back on the right track using recreation. He said counseling was a dual component with job training, job education and counseling. He said the program had been in place over three years and the counseling component has been in the budget each year. He said the agreement for counseling was different from the recent $100,000 given the Discovery Center that was to be used toward the goals and objectives of the Valley Advisory Committee and some of the objectives that have not been met with the Community and Youth Resource Program. Cm. Wilson asked how the Rainbow Program differed from these programs and asked if the Rainbow Program could be a part of these programs. He said there is a need and asked if these three components were working together so that there was not duplication. The Parks and Community Services Director said staff was working very closely with the Discovery Center about what they were doing and what the City’s involvement was with them. He said the Rainbow Project was an elementary project that is a school based project for elementary schools whereas the City’s Community and Youth Resource Program was geared to middle and high school kids. He confirmed the elementary school kids involved in the Rainbow Program were tracked when they moved on to middle school. Cm. Wilson said he would like a quarterly evaluation of the three programs to make sure they were coordinating and not fragmenting and so the Council could become more familiar with the programs. Cm. Hudson said he had asked to have the Youth Safety Advisory Committee and its steering committee take a look at things so that there was not a duplication and there would be a network throughout the Valley so that San Ramon was funding a school sponsored program and finding out that they were not doing it in Danville or the county or somewhere else. He said the Council needs to receive feedback on how well each one of these programs was working so there was not a duplication. Cm. Raab said this program was an intricate piece of a puzzle and the Council made sure when the Discovery Center came for funding that it would not be a duplication of resources. He said the Rainbow Program’s request for $28,000 addresses a completely different aspect. He said in talking with the Youth Resource officers he had no fear of overlap and duplication of resources. The City Manager said the Finance Committee would be evaluating the request from the Rainbow Program and would probably come back to the Council with a recommendation. He suggested that if the Council chooses to support the funding of this program that the mid-year budget review be used to come back with a complete analysis of the three different projects as to who there were affecting, how they were affecting them, how they were funded and if they were district wide. He said at that point the Finance Committee could review the report and the Council could have the option of setting a policy on future funding because at that time, with two or three months history, we would probably know how all three programs were integrating. Cm. Wilson said there is definitely a need for the services, the issue is the need to coordinate the services. Cm. Hudson said the Youth Safety Group was comprised of representatives from all factions who had spent a lot of time researching and surveying youth issues and then the kids were brought in and tested. He recommended staff use this group as the central point to accumulate the information and formulate the responses rather than everyone trying to do it individually. Cm. Hudson’s motion to adopt the resolution approving the agreement for counseling services was seconded by Cm. Wilson and passed 5-0. RESOLUTION NO. 2000-13
* * * * MAYORS’ CONFERENCE Mayor Kinney said on the July 6 Mayors’ Conference agenda in Oakley there was a report from the City/County Relations Committee. * * * * LEAGUE OF CALIFORNIA CITIES Cm. Hudson said at the recent League of California Cities meeting a discussion was held on consolidating some of the committees because it was so difficult to stay up with all of the Bills coming from Sacramento. It was also suggested that the League become more proactive in lobbying its Sacramento counterparts to get Bills written by the League through the legislature. * * * * There being no further business to come before the City, at 10:50 p.m. the meeting adjourned.
Curt Kinney, Mayor Home | City Council | City Council Minutes Index
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