A regular meeting of the City Council of the City of San Ramon was held on February 10, 2004 at 7:35 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

PRESENT: Councilmembers Hudson, Livingstone, Rowley and Mayor Wilson.

ABSENT: Councilmember Perkins

STAFF PRESENT: City Manager Gail E. Waiters, City Attorney Byron Athan, Public Works Director Joye Fukuda, Parks and Community Services Director Jeff Eorio, Finance Director Greg Rogers, Economic Development Manager David Berger, Associate Planner Beatriz Duffy and City Clerk Judy Macfarlane.

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Mayor Wilson said the City Council had met in closed session pursuant to 1) Government Code Section 54956, and after conferring with its legal counsel, authorized the City Attorney to file suit: City of San Ramon v. Kevin O’Brien and, 2) Government Code Section 54957.6 and conferred with its labor negotiator.

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Yvonne Kimber led Council, staff and those present in the audience in the pledge of allegiance.

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The City Clerk said there were two changes under committee announcements; the Southwest Area Transportation Committee listed for March 1 meets in Danville and the Planning Commission listed for March 2 has been cancelled.

The City Manager asked that Appeal of Overlapping Representation Petitions be considered as the first item under New Business.

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The Economic Development Manager said there were five vacancies on the Economic Development Advisory Committee. He said the vacancies fall in the following categories; two who live or work in the Redevelopment Area, two at-large positions and one Chamber of Commerce representative. He said there was one applicant who represents the Redevelopment Area, one Chamber of Commerce representative and four applicants for the two at-large positions.

By Council ballot, Phil O’Loane and Harry Sachs were selected to fill the at-large positions.

Cm. Hudson’s motion to appoint Eric Wallis as the Chamber of Commerce representative, Mary Hanson, the RDA property owner and Phil O’Loane and Harry Sachs as the members at-large for terms to run through January 2006 was seconded by Cm. Livingstone and passed 4-0.

The Associate Planner said two applications had been received for the two vacancies on the Open Space and Conservation Advisory Committee.

Cm. Hudson’s motion to appoint Ellen Rosenbluth and Marilyn Malosian to the Open Space and Conservation Advisory Committee with terms to run through July 2005 was seconded by Cm. Livingstone and passed 4-0.

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Donna Kerger said the City’s Housing Element of the General Plan had been certified by the State and she complimented staff on their efforts to accomplish this.

Ms. Kerger, member of the San Ramon Soccer Club Board, said she wanted to bring to everyone’s attention that soccer sign ups were being held the next Thursday and Sunday. She also thanked the Dublin San Ramon Women’s Club for the Crab Feed they hosted to benefit Forest Home Farm.

Karla Robinson said the current policy of odd-year elections was not cost effective and urged the Council to do what was best for the City and make the change to even-years elections.

Carol Lopez, Dublin San Ramon Women’s Club, thanked the Council and staff for the support of the Crab Feed and said that a check would be presented to the Council on behalf of Forest Home Farm as soon as the figures are finalized. She also thanked Office Brady for speaking to the Club the past week.

Toby Brink, Chamber of Commerce, spoke about the upcoming I-680 Business Symposium on April 22 sponsored by the Chamber of Commerce. He also spoke about the Shop San Ramon Campaign designed to encourage shopping in Chamber members’ businesses.

Roz Rogoff asked that the issue of even year elections be agendized. She said this was a decision the voters should make.

Michelle Cowles said the Friends of San Ramon had a new web site. She also asked that the topic of even year elections be agendized.

Joyce Gunn, San Ramon branch librarian, thanked the City for its support of the jazz concerts that raise money for scholarships and the Jazz Collection at the library. She introduced the new Teen Services and Adult Services Librarians.

Mike Conklin gave an update on the 101^st Airborne and 75^th Regiment Units adopted by the City of San Ramon and what had been done in the community to support the units.

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Cm. Hudson’s motion to approve the minutes of the February 10, 2004 Council meeting was seconded by Cm. Livingstone and passed 4-0.

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Mayor Wilson said a speaker card had been received requesting that the consent calendar item regarding the General Fund Reserve Policy be removed for comment.

Cm. Hudson’s motion to approve the following consent calendar was seconded by Cm. Livingstone and passed 4-0.

Resolution No. 2004-13 – Approving the City of San Ramon Compliance Checklist for the Contra Costa Transportation Authority Congestion Management Program.

Resolution No. 2004-21 – Authorizing the City Manager to execute a Use Agreement and a Retrofit Agreement with the East Bay Municipal Utility District to accept Recycled Water for Irrigation Use.

Resolution No. 2004-23 – Authorizing reimbursement to Lyon Homes, developer of Henry Ranch (Subdivision 8188), in the amount of $106,067 for San Ramon Valley Boulevard Roadway Improvement Costs incurred in excess of their Roadway Obligation.

Resolution No. 2004-24 – Accepting Certain Road and Stormdrain Improvements constructed in Subdivision 8133 and a portion of North Gale Ridge Road constructed in Subdivision 8105 (Shapell Industries/The Bridges at Gale Ranch)

Resolution No. 2004-26 – Authorizing Amendment No. 1 to the Lease Agreement with the San Ramon Valley Fire Protection District for the office building located at 9399 Fircrest Lane and appropriating $18,000 from the Traffic Improvement Fund.

Resolution No. 2004-31 – Accepting Certain Roadway and Drainage Improvements at Thomas Ranch (Subdivision 8037) as complete and for maintenance, accepting Certain Emergency Access Easement, Stormdrain Easement and Public Utility Easements, accepting Certain Landscape Improvements within the Frontage of Crow Canyon Road as complete and for maintenance and authorizing the release of Project Bonds.

Resolution No. 2004-33 – Authorizing the Mayor to execute Amendment No 4 to an Agreement with New Image Landscape Company in an annual amount not to exceed $3,900.

Roz Rogoff said a 50% reserve number listed in the General Fund Reserve Policy staff report seemed high compared to other cities and recommended the City Council reconsider this figure.

Cm. Hudson’s motion to approve the resolution adopting the reserve policy was seconded by Cm. Livingstone and passed 4-0.

Resolution No. 2004-30 – Adopting a General Fund Reserve Policy.

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The Administrative Services Director said petitions had been submitted by Local 21 and the Mid Managers Association to represent employees in bargaining units. She said the petitions contained classifications that overlap and as a result, as the hearing officer, she had scheduled a hearing to determine the merits of the proposed unit structure and to receive testimony from both groups. When the findings were issued the Mid Managers appealed the findings with the genesis of whether or not the Senior Inspectors should be included and whether or not the Recreation Coordinator class should be included.

Chris Chamberlain, interim president of the Mid Management Association, said the Association was formed to work with the City to address the short and long-term challenges facing the City and to provide the City with a single point of contact through which to establish cooperative and constructive dialogue with mid management employees. He said the appeal was based on two counts of the findings; 1) the inclusion of Senior Inspector classification in the mid management grouping and, 2) the exclusion of Recreation Coordinator from the same grouping. He said the appeal was consistent with policy objectives cited in the City Code pertaining to determination of appropriate bargaining units.

Duane Reno, Attorney for Local 21, gave the background of Local 21 and said they represent professional and technical employees, supervisors and managers, from at least 15 Bay Area public agencies. He said Local 21 was willing to accept the Employees’ Relations Officer’s decision that the Council move the Senior Inspector classification to the Professional and Technical Employees unit and agreed that it would make no sense to move the Recreation Coordinator class to the Management and Supervisory unit.

Lisa Feldstien, Local 21 Policy Analyst, said she specialized in compensation and classification issues and explained the reasons why the recommendations submitted by the Employee Relations Officer were reasonable.

Kimberly French said she was a Recreation Coordinator for the City and was speaking on behalf of the other recreation coordinators who wish to be included in the mid management association unit. She reviewed the responsibilities of the recreation coordinators and said they felt strongly that their vision for the future of the City as well of their own professional goals were best reflected in the mission of the mid management association.

Mark Koger, Public Works Department employee, said of the 42 employees determined to be in the mid managers group there were approximately 11 who wanted to appeal the findings of the Employees’ Relations Officer and 22 who signed a petition stating that said they did not want to appeal and they wanted to go forward with the election.

Derek Schweigart expressed frustration with the process. He said that he wished the process wasn’t necessary but if the recreation coordinators were going to be represented they wanted to be represented by the mid managers’ association.

Kevin Carunchio said he felt a sound argument had been made as to the basis of the mid managers’ association appeal.

Mr. Reno said employees were placed in units based on the kind of responsibility levels that they have.

Cm. Hudson said he felt the argument made by mid management was for job description and he found it compelling and he would be voting to uphold the appeal.

Cm. Rowley said the recreation coordinator was a unique category that works very effectively for San Ramon and she would also vote to uphold the appeal.

Mayor Wilson said compensation was not always the determining factor in San Ramon.

Cm. Hudson’s motion to uphold the appeal of the mid managers’ association was seconded by Mayor Wilson and passed 4-0.

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Mayor Wilson called for a five-minute break.

Councilmembers Hudson, Livingstone and Rowley and Mayor Wilson were present when the meeting reconvened.

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The Parks and Community Services Director introduced JoAn English, Arts Advisory Committee Chair, and said she would be giving the committee’s annual report.

Ms. English reviewed the committee’s accomplishments and actions taken during 2003 and described the goals and objectives for 2004.

Cm. Hudson’s motion to accept the annual report of the Arts Advisory Committee was seconded by Cm. Rowley and passed 4-0.

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The Parks and Community Services Director introduced Ed Cheng, Chair of the Library Advisory Committee and said he would be giving the committee’s annual report.

Mayor Wilson said the City gives approximately $800,000 in property taxes to the county library system and in return receives approximately $500,000 in direct services. He also stated, thanks to the City, San Ramon is one of the few libraries open on Sundays.

Mr. Cheng highlighted the committee’s 2003 accomplishments and the upcoming year’s goals. He said the committee would continue to evaluate library services to ensure the needs of the community are being met.

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The Planning Manager introduced an appeal filed by Joyce Gregory regarding the Planning Commission’s approval of a Land Use Permit authorizing Chevron to operate on a 24-hour basis and restricting the retail sales of beer and wine to 12:00 midnight at their facility at the corner of Bollinger and San Ramon Valley Boulevard. After giving the background of the project he said an application was received last year to modify the site which involved interior modifications to the existing building combining the entire facility and that had triggered amendments to the land use permit. He said the appellant was present at two Planning Commission hearings on the project and at that time expressed concern regarding the 24-hour operation as well as the sales of beer and wine. The Planning Commission ultimately approved the land use permit with the condition that the retail sales of beer and wine be held to limitations of 12:00 midnight. However in granting the approval review period was included at which time the project could come back for reconsideration to allow beer and wine sales to the 2:00 a.m. state law requirement. He said Ms. Gregory’s letter indicated concern with the possibility of the Planning Commission reconsidering after six-months to extend the time to 2:00 a.m. Staff recommended the Council uphold the Planning Commission resolution approving the land use permit.

Ms. Gregory said she was appealing the decision of the Planning Commission approving Chevron’s application to reconstruct the interior of the store thereby allowing them to extend the hours of the entire store to 24-hours a day. She stated the application was approved for 24-hour operation with a conditional use permit to limit the sale of alcohol until 12:00 midnight but that was only for a six-month period. By Chevron agreeing to this that meant they would have a 24-hour store and in six-months the use permit would probably expire and under state law they could sell alcohol until 2:00 a.m. She said selling alcohol in gas stations at any time sends the wrong message especially to the youth. The fact that a store adjacent to a park and a school is open 24-hours is also problematic. She asked the Council to deny Chevron permission to extend their store hours to 24.

Cm. Livingstone asked Ms. Gregory to repeat her understanding of the conditional use permit.

Ms. Gregory said it was her understanding that the conditional use permit was for six-months and after that Chevron could come back and ask for it to be removed.

Cm. Livingstone said the Planning Commission approved the project with a condition that they review it in six-months whether or not they would allow the sale of alcohol between 12:00 and 2:00 a.m.

Ms. Gregory said the Planning Commission has already given the approval for 24-hours and she wanted to stop the 24-hours. She said she felt eventually Chevron was going to get the extra time.

Jim Wood said that he supported the sentiments expressed by Ms. Gregory. He said he supported the appeal because he opposed not only the sale of liquor but also because he would also like to see the 24-hour operation not take place.

Ron Johnson said a lot of work and compromise had gone into the previous agreement and he recommended staying with that agreement. He said he did not look forward to coming back to the City every time Chevron wanted to change something.

Stephen Jamieson, attorney for Chevron, said that a letter had been sent to Ms. Gregory that stated Chevron agreed to abide by the terms of the conditional use permit which means that the beer and wine would only be sold until midnight. He said there was nothing about the conditional use permit that was granted by the Planning Commission that was going to expire in six months. He said that location has been in operation on a 24-hour basis since 1999.

Cm. Rowley asked if Chevron had addressed the issue of the proximity to Memorial Park which is only a couple years old.

Mr. Jamieson replied the entrance to the park is quite a ways up the street and the park is elevated. He said the store has a history of no problems.

The City Attorney said the condition imposed by the Planning Commission was applicable until the Commission rejected it.

Cm. Livingstone confirmed the only difference between what Chevron was planning to do versus what was being done currently was the amount of space in which additional food would be sold.

Erica Reed said the police department’s main concerns were the very quick egress out of the facility and that there were so many ways to get to the freeway, making it an attractive robbery target and the issue of two doors and only one employee. She said Chevron worked with staff to come up with a compromise. She described the crime history at the Chevron site as being no different than any similar locations in the city.

Ms. Gregory said they are open 24-hours it would only be a matter of time before the hours for the sale of wine and beer will be extended to 2:00 a.m.

Cm. Livingstone said he had walked around that site about 100 times after 10:00 p.m. and he had never seen an issue. He said he did not feel the 24-hour operation was going to change anything and it would provide a service for the community and motoring public. He said he felt the Planning Commission had made a wise decision and he would vote to deny the appeal.

Cm. Hudson said when he first read the letter he felt this should be an appeal that happen six months from now. He said he did not know what the solution would be other than to uphold the Planning Commission and document if there were any problems.

Cm. Rowley said her concerns were the closeness to the school and the park but Chevron has said they will stick to the midnight limitation. She said she would hold uphold the Planning Commission.

The City Attorney said Chevron does not have to agree, but the law is that they can not do it and the City is well protected on that issue. The six-month timeline was for the City to review it because Chevron could apply to have the condition modified at any time.

Mayor Wilson said the concerns are not Chevron, it is the parents that allow their children be out at a late hour.

Cm. Livingstone’s motion to deny the appeal and direct staff to prepare the necessary resolution of findings and set the Council meeting of March 9, 2004 for adoption was seconded by Cm. Hudson and passed 4-0.

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The Transportation Manager introduced a discussion of the Measure C Reauthorization. She reviewed the three options prepared by the Contra Costa Transportation Authority and said that staff had prepared a preferred alternative as well. She gave the background of Measure C, a 20-year Transportation Sales Tax, and said it would expire in 2009. It was staff’s recommendation that the Council support a hybrid of Project Focus A and the Local Focus B, an approach that allocates 42.4% of funding to local programs while maintaining 53.6% for regional projects. Staff also recommended support of Option 1 of the Growth Management Program and five priorities for the City of San Ramon which she described.

Phil Reed said he would like the San Ramon representatives at SWAT to not allow the amount of money for paratransit, specialized transportation for seniors and disabled, to drop below the 5% that was being presented.

Cm. Hudson’s motion that the City Council approve Alternative B Expenditure Plan as recommended by staff was seconded by Cm. Livingstone and passed 4-0.

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Cm. Hudson made a motion to extend the meeting to as long as 11:30 p.m. and the next item of discussion be the Home Occupation Permit Process.

Cm. Livingstone seconded the motion and it passed 3-1. (Mayor Wilson dissenting).

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The Planning Manager said staff was seeking Council direction and further consideration on a proposal to amend the Home Occupation Review Process as provided for in the Zoning Ordinance. He said staff had discovered in the process of seeking ways to recover costs and streamline processes that much more time was being spent in processing home occupation permits. He said the time was not commensurate with the fee charged for permits and rather than increasing the fee staff was recommending streamlining the process.

Shirley Alberti confirmed the process of the permits would still be continued and the only difference would be the notification. She asked if the estimated $20,000 savings would be the cost of notifying neighbors.

The Planning Manager said the cost savings includes the staff time, clerical support and the postage.

Ms. Alberti said as a Sunny Glen Board Member they were obliged to make sure that all the Sunny Glen residents received all the information.

Roz Rogoff said notification was very important and there was an alternative to mailing the notification cards. She recommended a separate page on the web site where home occupancy permits are listed.

Ms. Alberti suggested that the Sunny Glen Board be notified and not the residents.

Michelle Cowles said that she wanted to reiterate that notification was very important and said she liked the cards.

Cm. Hudson said the City could not enforce Homeowner Association CC&Rs and send notices to Association Boards. He said if someone comes to the City for a Home Occupancy Permit the City would grant it and the applicant would find out from the Homeowners’ Association that they can’t do it. He said he was torn about doing away with this program and would like to test it. He also said what really bothers him is that if the fees are increased people will not come in for the Home Occupancy Permits.

Cm. Rowley recommended giving it a try and asking each applicant what their business is to determine the impacts.

Cm. Livingstone said the concept of not notifying people does not make sense. He said he would support staff’s recommendations.

Mayor Wilson said he would have a problem with not sending out notifications.

Cm. Hudson made a motion to direct staff to prepare a Zoning Ordinance text amendment and to perform the necessary environmental review to amend section D4-114 Home Occupation in R District and D5-102 Application for Zoning Permit to Allow Zoning Administrator to administratively approve or deny home occupations at a public notification and he asked that there be a six month trail period.

Cm. Livingstone seconded the motion and it passed 3-1 (Mayor Wilson dissenting).

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Mayor Wilson said that Cm. Rowley was unable to attend the CCCTA meetings and Cm. Livingstone would be taking her place.

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Cm. Hudson’s motion to continue the Public Hearings on the Ordinances regarding the Appointment Process of the Architectural Review Board and Amending the Municipal Code Pertaining to the Legislative Body.

Was seconded by Cm Livingstone and passed 4-0.

There being no further business to come before the City at 11:20 p.m. the meeting was adjourned.

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Signed

H. Abram Wilson, Mayor
Judy Macfarlane, City Clerk

Approved: March 9, 2004