MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held March 8, 2005 at 7:07 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Sgt. Paul O’Mary, Parks and Community Services Director Jeff Eorio, Recreation Services Division Manager Esther Lucas, Economic Development Director Marc Fontes, Planning Services Director Phil Wong, Planning Services Manager Debbie Chamberlain, District Engineer/Division Manager Maria Robinson, Community Services Division Manager John Skeel and Interim City Clerk Patricia Edwards.

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Members of Pack 84 from Pine Valley and Iron Horse Middle Schools lead the Council, staff, and those in the audience in the pledge of allegiance.

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Mayor Wilson asked if there were any changes or additions to the agenda. The Interim City Clerk noted there were none.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The Interim City Clerk noted that the Library Advisory Committee meeting scheduled for Thursday, March 17th, was changed to the Olympic Pool and Aquatic Park.

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Mayor Wilson presented Hassan Sharifi with a framed Street Smarts Skate Nights poster and a proclamation thanking him and Golden Skate for their support of the program. Mr. Sharifi said that the Golden Skate will soon be celebrating its thirtieth anniversary and thanked the City for its support.

Esther Lucas, Recreation Services Division Manager, introduced Matt Lonner and summarized the City events which are supported by ChevronTexaco’s donation of $25,000. Carol Lopez, Chair of the Parks and Community Services Commission, acknowledged ChevronTexaco’s support of the annual Black and White Party. She presented Mr. Lonner with a framed poster of last year’s poster. Ms. Lopez also thanked ChevronTexaco for supporting the Bah Humbug Run/Walk. She gave Mr. Lonner a memento from the run. Bill Meine, representing the Senior Citizen Advisory Committee, thanked ChevronTexaco for their support of the senior van. Since 1995, they have transported approximately 40,000 seniors enabling them to participate in a variety of events. He presented Mr. Lonner with a giant thank you card.

Mr. Lonner commended the City Council for its leadership and positive relationships with the business community. He stated that it is ChevronTexaco’s pleasure to contribute to the quality of life in San Ramon.

Mayor Wilson presented Mr. Meine with a City pin in recognition of his work in the community.

Parks and Community Services Director Jeff Eorio introduced Lori Bringman and Julie Magdefrau, who are the coaches for the San Ramon Scorpions. He announced that the Scorpions are the National Youth Cheerleading Champions for 2005. The coaches thanked the Parks Department for their support and for providing them with the opportunity to operate their program through the Department. Mayor Wilson acknowledged the mutually beneficial unique joint partnership. The Scorpions identified themselves and the schools which they attend. Mayor Wilson thanked them for representing San Ramon. The Scorpions presented the Mayor with a picture of their winning team.

As Craig Cooper was unable to attend, the Mayor continued this item.

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Larry Little requested that, due to violations of the Brown Act and the Public Records Act, item 10.1 regarding the Old Ranch II Project be continued until these legal issues are resolved.

Ellen Rosenbluth commended the Cheerleaders and informed the Council that the California High School Mock Trial Team took third place in the County and observed that their performance rivaled that of many professional attorneys she knows.

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Cm. Hudson’s motion to approve the February 22, 2005 minutes was seconded by Vice Mayor Livingstone and passed 5-0.

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Cm. Perkins requested that item 8.5, Resolution No. 2005-27, be removed from the Consent Calendar for a staff report.

Resolution No. 2005-27 – Authorizing the Preparation and Submittal of an Application to the State of California for a Workforce Housing Reward Grant.

Marc Fontes, the Economic Development Director, reported that the Workforce Housing Program is funded through Proposition 46 and provides grant funds to counties and cities for projects that benefit the community’s quality of life. If the City is successful in its application for grant funding, $881,500 could be awarded for capital asset projects that promote community livability that have not previously been budgeted.

Cm. Perkins asked how the $881,500 was calculated. Mr. Fontes replied that the formula was included in the application. Cm. Perkins questioned how the funds could be spent. Mr. Fontes responded that the funds could be used for community facilities, street improvements, sewer and water upgrades, park improvements, etc. Cm. Perkins asked if there were any ‘strings attached’. Mr. Fontes responded that there was no matching requirement but that annual and closing reports would be required.

There being no additional discussion, Vice Mayor Livingstone’s motion to approve consent items 8.1 through 8.9 was seconded by Cm. Perkins and passed 5-0.

Resolution No. 2005-11 – Authorizing a $58,950 Appropriation from the Traffic Improvement Fund and Authorizing the Mayor to Execute a Settlement Agreement with the Church on the Hill for Retaining Wall Landscaping Along the San Ramon Valley Boulevard Frontage in the Amount not to Exceed $58,950.

Resolution No. 2005-23 – Authorizing the City of San Ramon to Enter into an Agreement with the Public Agency Retirement System (PARS) to

Provide an Alternate Retirement System for Part-Time/Temporary Employees.

Resolution No. 2005-26 – Authorizing the Mayor to Execute an Agreement with Azari Engineering, Inc. for Engineering Design Services for the Pavement Management Program (CIPs 5319, 5366, and 5397) and for Portions of Dougherty Road (CIP 5427), Montevideo Drive (CIP 5428), and Stagecoach Road (CIP 5429) in an Amount not to Exceed $ 375,000.

Resolution No. 2005-27 – Authorizing the Preparation and Submittal of an Application to the State of California for a Workforce Housing Reward Grant.

Resolution No. 2005-28 – Landscaping and Lighting District No. 1984-1 Describing New Improvements and Ordering the District Engineer to Prepare and File an Engineer’s Report for FY 2005-06.

Resolution No. 2005-29 – Interim Reimbursement Agreement between the County of Contra Costa, Shapell Industries, Windemere Ranch Partners and the City of San Ramon to Reimburse the City of San Ramon for costs incurred within County Service Area (CSA) M-29 through Fiscal Year 2003-04.

Resolution No. 2005-30 – Approving Borrowing of Funds by the Redevelopment Agency from the California Statewide Communities Development Authority.

Resolution No. 2005-31 – Authorizing Mayor to Execute a Memorandum of Understanding with Byron D. Athan, City Attorney.

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Mayor Wilson called a five minute recess at 7:40 p.m. The meeting reconvened at 7:45 p.m. with all Council members in attendance.

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The Interim City Clerk reported that there were no items of unfinished business.

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Planning Services Manager, Debbie Chamberlain, gave an overview of the project. This is the first of three required public hearings. She clarified that the Council’s action involves the General Plan Amendment and the related Rezoning. She added that Davidon has reduced the number of single family homes from 60 to 54 and the number of deed restricted affordable housing units from nine to eight. The property includes 134 acres. Nineteen acres would be utilized for housing with the remaining 115 acres rezoned Open Space/Resource Conservation Overlay. There were no questions from Councilmembers.

Jeff Thayer, Vice President of Davidon Homes, informed the Council that they have been working on this project for 2 ½ years. Norm Dyer representing Loving and Campos Architecture reported that they have previously met with the Open Space Conservation Advisory Committee, Housing Advisory Committee and Architectural Review Board. The Planning Commission held three public hearings last fall and in January 2005 recommended that the project be forwarded to the Council for consideration. He noted that the project meets the goals of the General Plan.

Mr. Dyer reviewed the advantages of the revised proposal as compared to the original. The homes are located on a natural bench on the site and will be built below the ridge line in compliance with Ordinance 197. He felt that the revised project compliments the area, is a better fit for the site, and avoids the wetland areas and East Bay water tank. He noted that the project is balanced with the west side’s one-story homes. He noted that there is no access behind Pine Valley Court. Access is provided at Timbercreek Road which will become a cul-de-sac. He said that the project’s major benefit is the public open space. He reviewed the landscaping plans which includes input from local residents. In addition to the 3D model of the project, he reviewed computer generated models of the visual perspectives including visual projections from strategic parts of the City. He also showed the proposed street views for the one and two-story homes and 360 degree views from the proposed public open space.

Mayor Wilson opened the Public Hearing.

Jim Hanafee expressed concern about several items in the Old Ranch EIR which he felt should be corrected. These include: maintenance of the seven culverts that deliver water down the hills; earthquake responsibility; traffic impact; proportion of lot size to house size; how the affordable housing requirement will be met; the impact of both noise and lights on residents; lack of school facilities; and the visibility of the homes to the neighbors and most of south San Ramon. He stated that the proposed development violates the General Plan because this land has been designated open space since 1971.

Larry Berlin said that he has been following the project. He felt that Davidon has addressed concerns expressed by the neighbors. He commented that this is a well thought out plan. He noted that the current open space is inaccessible because it is private property. He feels that Davidon has a right to develop the project because the City will get usable open space. He encouraged the Council to let cool heads prevail.

Tom Bennett expressed concern about the closure of Timbercreek Road especially as it relates to public safety because there is only one access and departure road. He requested a broader dissemination of information to the residents about the closure of this road and the related safety exit issue.

Jim Blickenstaff noted that he shares the same concerns as Mr. Little with regards to the Brown Act and procedures that made materials available to the Planning Commission which were not made available to the public. He requested the City Attorney’s opinion on the Brown Act. He expressed concerns about the impact to the seven drainage culverts as a result of road cuts, the impact on local wild life, the sterile appearance of the road between the homes and San Ramon Valley Boulevard and the need for additional mitigation. He cautioned that the City should view the project as a question of whether the General Plan should be changed to gain 54 homes. He added that the General Plan was voted on by the people who wanted this to be open space. He questioned what extraordinary impact warrants changing the City’s General Plan. He asked that the Council consider the visual impact, loss of open space, and respect for the General Plan when making their decision.

Pat Tuohy stated that he supports the project because it is an innocuous infill project. He commented that Davidon has done an admirable job in addressing the concerns of the people affected by this project.

Leslie Rundle stated that she bought her property with the understanding that this would be permanent open space. She acknowledged that a large percentage of the land will remain open space under the Davidon project but expressed concerns regarding the traffic situation. She felt that Davidon has not taken care of the other homes which it built in the City and is concerned that they will break their promises in the future.

Laura Zeltser said that she also bought her home assuming that the zoning would remain as agricultural/open space. She expressed concerns about the quality of life including noise, traffic, wildlife, etc. She understood that Ordinance 197 prohibits building on that property. She did not feel that Davidon was receptive to resident input. She remarked that she did not feel that this project would help the housing shortage. She was also concerned because no additional schools were planned.

Paul Didas preferred to leave the area untouched. He did feel that Davidon has worked with the residents and supports the project and the closure of Timbercreek Road. He was confident that the City’s traffic engineer and the Fire Department have adequately evaluated the safety issues. He remarked that City traffic is impacted more by Dougherty Valley traffic than it will be by this project.

John Dockery observed that Bishop Ranch is a job center and that convenient housing is needed. He added that the General Plan was not unanimously approved by the voters. He remarked that other open space such as golf courses are not usable by the public. He felt that this is a good project and supports the General Plan Amendment. He added that Davidon has worked with the City and residents to achieve acceptable solutions.

Mayor Wilson closed the public hearing.

Cm. Perkins asked staff if the culvert maintenance and drainage issues have been

addressed. The Planning Services Director, Phil Wong, indicated that they were addressed in the EIR. Cm. Perkins questioned the drainage impact over time. The District Engineer, Maria Robinson, responded that an underground detention basin would be built so that there will be no net increase for the existing pipes. Cm. Perkins inquired if the funding mechanism is in place for this. The District Engineer replied that the City will accept the drainage easement and then it will become the responsibility of the home owners association.

Cm. Perkins asked if the traffic impact had been adequately evaluated. The District Engineer answered that the traffic engineer was not available to answer the question.

Cm. Perkins inquired how the title for the 115 acres of open space would be held. The District Engineer responded that that had not been determined but the Conditions of Approval allow either it to be held by the home owners association or a GHAD.

Cm. Perkins questioned the impact if the City Council disapproves this project. The City Attorney clarified that it depends on whether or not a court decides that this project is an unreasonable use of the property. He added that San Ramon is one of the few cities whose citizens developed a commission to write their General Plan. He noted that the voters were informed that the General Plan could be amended with a 4/5’s vote of the Planning Commission and a 4/5’s vote of the City Council.

Cm. Hudson asked when the project would be ready for someone to move in and if the question regarding schools should be pursued. He added that the next Dougherty Valley middle school will open in the fall and that the high school is scheduled to open in 2007.

Mayor Wilson summarized the concerns of traffic, drainage, schools, open space, and how to insure that it remains open space. He observed that these are legitimate questions and asked staff to prepare written comments addressing these issues for the next meeting.

Cm. Rowley commented that there is a monthly San Ramon Valley Unified School District meeting and that they are aware of the Davidon project.

Mayor Wilson informed the audience that there will be two more opportunities to address this issue. He requested that those with concerns submit their questions by email, if possible, for inclusion at the next meeting and that staff be available to answer questions. Vice Mayor Livingstone’s motion to continue the public hearing to the March 22, 2005 Council meeting was seconded by Cm. Rowley and passed 5-0.

Mayor Wilson called a five minute recess at 9:10 p.m. The meeting reconvened at 9:18 p.m. with all Council members in attendance.

Open Space and Conservation Advisory Committee (OSCAC) By-Laws.

The staff report was presented by John Skeel, Community Services Division Manager. He reviewed the history of the OSCAC and noted that staff recommends that the Council adopt the staff by-laws. There were no questions from the Council.

Mayor Wilson asked for clarification regarding the General Plan’s Measure G, Open Space, Policy 8.4-I-4. The City Attorney noted what appeared to be an inconsistency. He felt that there was a typographical error and that the charge of the OSCAC should be based on Policy 8.4-I-5 not on Policy 8.4-I-6 as listed.

The Mayor opened the public comment.

Jim Blickenstaff stated that the Committee is dedicated to pursuing the goals of the General Plan. The by-laws were modified to include the Parks and Community Services but this modification resulted in a fundamental change. He noted that the City appears to be pulling back from the original intent of this Committee and is stifling its energy and intellectual fire power. He felt that the original by-laws as premised in the General Plan were sound. He added that plans to sunset the OSCAC make no sense. He did not want to limit the OSCAC’s advocacy as he felt that the OSCAC is strictly an advisory entity. He noted that Committee’s connections with land owners and fund raisers was a good opportunity to pursue dormant areas and should not be restricted. He added that the OSCAC is responsible for making every effort to acquire and maintain open space.

Vice Mayor Livingstone commented that he agreed with the intelligence and energy of the OSCAC members but asked if "the tail is wagging the dog". He remarked that the amount of staff time required by the OSCAC is out of line compared with other City committees. He asked for Mr. Blickenstaff’s idea of how the committee should be run.

Mr. Blickenstaff responded that the staff by-laws reflect a change in the General Plan mandate and that the action plan is too restrictive in terms of the opportunities that the Committee could pursue. He indicated that staff is recommending constricting the OSCAC and has implied that the Committee may be sunsetted. He preferred that the by-laws be changed slightly to include the Parks and Community Services Department.

Susan Friedman stated that she is an OSCAC member and had also served on the General Plan committee. She felt that the General Plan has a well thought out plan for land acquisition and that the primary focus of OSCAC should be the identification of property and funding sources. She expressed concern about the focus and the number of members when the Environmental Affairs Advisory Committee (EAAC) and OSCAC were combined. She takes the Committee seriously and is confused as to why they are changing the by-laws when the members feel that the current by-laws are satisfactory. She stated the Committee’s desire to use City staff time well as they have "a lot to do". She requested that the Council keep the Committee as it currently is.

Vice Mayor Livingstone asked Ms. Friedman’s opinion on the problem with City staff.

Ms. Friedman responded that she had personal theories which she chose not to discuss. She added that the City has given OSCAC the support that they have requested but she does feel that staff has been directed to put the reins on the Committee.

Mayor Wilson noted that some members are pursuing issues such as air quality, solid waste, water pollution, etc. He asked if the Committee would be involved in Earth Day.

Cm. Perkins noted that air quality, solid waste and water pollution issues are not in the Committee’s version of the by-laws.

Roz Rogoff stated that instead of trying to interpret the General Plan and determine if a typing error exists, the Committee should be raising funds and working on purchasing land. She noted that this charge is not included in the new OSCAC by-laws. She added that it seems as though the OSCAC is not meeting its assignment and that there are no methods in the General Plan to change the OSCAC charge. The only way to make such a change would be by a public vote. She added that she did not think that the City Council can change the General Plan when it was voted on by a majority of the citizens.

Christy Tyler indicated that the OSCAC lost sight of its objective. As EAAC, it reviewed water quality issues and there was discussion about establishing a separate creek committee. The next focus involved improving the environmental health of San Ramon. The Committee has reviewed the General Plan’s Chapter 8 in detail. They tried to merge the old EAAC with the new items and achieve a balance. She remarked that one year later they have not accomplished much. A few OSCAC members are still interested in environmental issues. She added that the City staff is on top of the Clean Water Act and does not need OSCAC’s help. She wants the Committee to move on and referred the Council to the City’s web site and the OSCAC objectives listed there.

Vice Mayor Livingstone asked what she specifically saw as the problem between the Committee and staff. Ms. Tyler responded that with Kevin Carunchio they were excited about Green Building issues; with Victoria Walker they focused on planning issues; with Beatriz Duffy they worked on educating their members and others regarding open space. The transfer to John Skeel and the Parks and Community Services Department was a shock to the Committee. Vice Mayor Livingstone thanked her for her enthusiasm. Mayor Wilson thanked her for her candor. Ms. Tyler remarked that the last Council was anti-growth but she felt that the current Council was interested in making a better San Ramon for the long term.

Ellen Rosenbluth referred the Council to the Committee’s proposed by-laws. She observed that the difference between the staff and Committee by-laws is that the staff version removes the charges that the Committee wants to retain as part of the OSCAC charge. She added that the OSCAC should oversee all of Chapter 8. She informed the Council that the issues of solid waste, air quality and water pollution were removed from the Committee’s responsibilities because these items are currently covered by City staff. She asked if the City Council has the power to change committee by-laws. The City Attorney responded that the City Council is responsible to voters and has the authority to adopt by-laws since they initially created the committee. He added that the OSCAC is

unique because of its charge in the General Plan but the Council’s actions are consistent.

Cm. Rowley added that the Policy Committee was charged with reviewing the by-laws for all City committees and has not singled out the OSCAC.

Jeff Eorio, the Parks and Community Services Director noted that the major difference between the two sets of by-laws is Article 3 which represents a fundamental change. There is a major philosophical difference in having the OSCAC under the Parks Department instead of the Planning Department. He said that staff has been working with OSCAC to establish their goals. Ms. Rosenbluth disagreed and stated that just because the OSCAC is under the Parks Department does not mean that they should ignore Planning issues. She reiterated that the OSCAC should be concerned with all of Chapter 8 and that their role is to make recommendations. She indicated that OSCAC members and not necessarily the Planning Commission members were educated regarding open space. Ms. Rosenbluth noted that the Planning Commission was involved with larger concerns than the open space issue. Mayor Wilson noted that there was a difference between setting priorities and introducing policies. Ms. Rosenbluth stated that the OSCAC did not want to introduce policy but that they wanted to use their expertise to advise and help other Commissions.

Mayor Wilson expressed concern about the number of Committee members.

Mr. Eorio said that the recommendation for 7 members and 1 student representative is more in line with other City committees. He stated that no other City committee currently has 9 members.

Vice Mayor Livingstone asked the two Council liaisons to the OSCAC for their input.

Cm. Hudson noted that they are trying to finalize by-laws in record time and stated that he is not sure that everyone is on the same page regarding what the direction should be. He reminded the Council that their mandate is the General Plan. He added that the key is to identify OSCAC’s charge in order to promulgate their by-laws.

Cm. Perkins observed that the error may lie in the interpretation of the written word and if the comment about a typing error is correct, the mistake has been perpetuated since the inception of the OSCAC.

Ms. Rosenbluth responded that the OSCAC’s charge is Chapter 8 with some items continued from the EAAC. She asked what the Council’s intent is. Mayor Wilson said that the Council is concerned about the quality of life in San Ramon. He added that the Council realizes that they need resident input but they need to look at the entire picture and the issue of priorities versus policy. Ms. Rosenbluth said that the OSCAC’s intent is to bring knowledge to the Council. Mayor Wilson observed that it is important for Council liaisons to attend Committee meetings.

Cm. Rowley asked for input from Dennis Viers who served on the Housing Advisory Committee (HAC) and is currently on the Planning Commission. Mr. Viers commented that committee members are capable of digesting a lot of information. He noted that the HAC cut back when they discovered overlap with another committee. He expressed concern about the committee’s role in policy setting. He felt that the role of these committees is to ‘advise’. He appreciated committee input but felt that Planning Commissioners generally studied the issues and came prepared to meetings. He added that it is important for committees to have definite instructions on what is expected from them, to get direction from the Council and to focus on their objectives.

Ms. Rosenbluth asked the Council to consider keeping the OSCAC membership at 8 so that they would not lose any valuable members.

The Mayor closed the public hearing. He remarked that it is important to have residents who care and appreciated the positive interaction.

Cm. Hudson stated that the citizens voted in the General Plan and the Council must follow the Plan’s directives. He reviewed the text of Chapter 8 and commented on the mandated items. He noted that neither proposed by-laws included Measure G’s reference to "… lands contiguous to the City of San Ramon…"

Mayor Wilson requested action from the Council.

Cm. Rowley recommended that the OSCAC membership remain as it is.

Cm. Hudson requested that the membership be set at eight. He added that the Council must set the priorities for the OSCAC and establish a time frame. He stated that this is not an open-ended committee and that both proposed by-laws are insufficient.

Cm. Perkins suggested that the number of members change at the next term expiration.

The City Attorney recommended that the Council direct staff to include this provision in the OSCAC by-laws.

Vice Mayor Livingstone added that the ‘contiguous’ aspect is important and recommended that it be added to the OSCAC by-laws.

Mayor Wilson noted that there is agreement on the issue of membership and the addition of the ‘contiguous’ concept to the OSCAC by-laws.

Cm. Hudson pointed out that the information must be provided by the end of 2005.

Cm. Perkins suggested that this timeline be included in the OSCAC work plan.

Cm. Perkins’ motion to keep eight OSCAC members and change to seven in July 2005 was seconded by Cm. Hudson. The motion was later withdrawn.

Cm. Perkins requested that staff draft a paragraph to incorporate the ‘contiguous’ concept adding focus to the Committee’s work efforts.

Mr. Eorio clarified the there would be no change in Article 3 of the staff’s by-laws.

Cm. Perkins’ motion to approve the staff’s OSCAC by-laws as amended for membership and incorporation of the concept of "contiguous to the City of San Ramon" was seconded by Vice Mayor Livingstone and passed 5-0.

The City Manager clarified that staff would incorporate the concept of "contiguous to the

City of San Ramon" and keep the current eight members until July 2005 when the membership would change to seven.

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The City Manager reported that staff is diligently working on the 2005-06 budget for the March 23rd workshop. The Finance Committee is working on the five-year Capital Improvement Program and will include a suggestion for the pavement management issue.

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Cm. Hudson complimented the Parks and Community Services Department on the quality of the Spring Activity Guide. He reported on the Administrative Planning meeting for CCTA at which they discussed a $4 user fee on VLF. He added that the CCTA is fighting land use decisions by the MTC. He noted that Assemblyman Richmond believes that pension reform will be a ‘seamless movement’. He commented that the recent Dougherty Valley tour was very interesting.

He reported on the Urban limit Line debate and noted that it is being held up by three cities. He said that part of the problem is the incorrect proposed amendments. He noted that an unaltered Plan C is what they voted on.

He also updated the Council on the SWAT meeting. Newell Arnerich is the CCTA representative. The CCTA has access to T1 funds. Regarding the East Bay Regional Parks District meeting, he said that they are reviewing the budget and working on a way to get Measure J funds for the Iron Horse Trail.

Vice Mayor Livingstone reported that he and Cm. Perkins attended the Spring Concert and that it was an excellent production and well attended. He suggested promoting the Summer Concert.

Cm. Rowley complimented staff on Multi-Cultural Fest 2005. She reported that the Expanding New Horizons Workshop held at SBC was well attended and that a Parenting Workshop was held at Iron Horse School.

There being no further business, Mayor Wilson adjourned the meeting at 11:18 p.m.

Signed:
H. Abram Wilson, Mayor
Patricia Edwards, Interim City Clerk

Approved at the March 22, 2005 City Council meeting, 5-0.