MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held May 24, 2005 at 7:08 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, and Mayor Wilson.

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Police Chief Scott Holder, Public Works Director Joye Fukuda, Parks Maintenance Manager Glenn Sautter, Recreation Services Division Manager Esther Lucas, Community Services Division Manager John Skeel, Transportation Manager Lisa Bobadilla, Administrative Analyst Steven Spedowfski, Associate Engineer Rod Wui, Finance Director Greg Rogers, and Interim City Clerk Patricia Edwards.

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Mayor Wilson announced that the Council met in closed session pursuant to Government Code §54956.9 (b) to confer with the City Attorney and, upon motion by Cm. Hudson and a second by Vice Mayor Livingstone and all members of the council voting in favor, directed and authorized the Mayor to execute a settlement agreement with Gail Waiters incorporating the terms generally discussed in the closed session and approved as to form by the City Attorney.

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Lt. Michael Perkins led 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 there were none.

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Affordable Housing Week Proclamation.

Mayor Wilson presented the Proclamation to Maurine Behrend, Housing Advisory Committee. Ms. Behrend thanked the Council for the proclamation. She reported that the Tri-Valley Interfaith Poverty Forum produced a report on housing in the Tri-Valley which can be accessed at www.povertyforum.org. She announced that on June 4, 2005, an Affordable Housing Expo will be held at the Carr America Center in Pleasanton. It will include information on home ownership, rental, etc. Mayor Wilson remarked that the City will continue to work for affordable workforce housing in San Ramon.

Jim Parsons with T.A. Design Resources representing Corrie Development gave the report. They are conducting a five city tour requesting each City to adopt a resolution encouraging the County to approve this project. The project was first presented to the Tri-Valley Council in September 2004. He reviewed the site plans and noted that the cemetery is well located for the five cities. It is located in unincorporated Contra Costa County outside the county’s urban limit line. The property has a General Plan designation for agriculture. A cemetery would be permitted pursuant to the Zoning Ordinance upon issuance of a land use permit. It will include two burial areas with a capacity for 80,000-100,000 burials. Domestic and irrigation water would be provided by wells. Sewage would be handled by a septic system. Electric power is available.

Cm. Perkins asked if a management company has been designated to operate the facility. Mr. Currie Corrie responded no that they plan to operate the cemetery. Cm. Perkins also asked if a specialized consultant has been hired to review the current plans. Mr. Currie Corrie replied that they have hired specialists to design the facility.

Mr. Currie Corrie anticipates a 12-18 month County approval process. Cm. Hudson asked when the cemetery would be opened. Mr. Currie Corrie thought that they would be operational within 12 months of starting construction. Cm. Hudson estimated a December 2007 opening. Mr. Currie Corrie concurred. Cm. Hudson requested that the developer work closely with planning during the grading process so that construction does not interfere with Dougherty Valley residents.

Vice Mayor Livingstone clarified what Mr. Currie Corrie wanted from the Council. Mr. Currie Corrie asked the Council for a resolution supporting the project and asking the county to approve the project. Vice Mayor Livingstone requested additional information regarding construction, impacts on residents, and the details of Danville’s resolution. Mr. Currie Corrie assured the Council that they will comply with all the regulations and requests for the county and for all five cities. Cm. Hudson remarked that Danville’s resolution supported the cemetery’s conceptual plan.

The Mayor opened Public Comment. Harriet Newman purchased property in 1999 on Camino Tassajara. She expected that the views of rolling hills would be preserved because they are located outside the urban limit line. At that time, no mention was made of plans for a cemetery. She expected that a cemetery project would be limited in scope and located on the flat property because of the County’s restriction on ridgeline development, the lack of water, the Fish and Game Department’s concern with run off and the impact on a nearby creek, She recognized the need for a cemetery and asked that these concerns be addressed: open space (height and visibility of the mausoleums); no crematorium; the impact on the water table and existing wells; future expansion; maintenance; security; traffic and the protection of endangered species. Mayor Wilson stated that the Council will address these concerns at a future meeting.

City Manager Herb Moniz enthusiastically welcomed Chief Holder back to San Ramon. He reviewed Chief Holder’s professional career. Mayor Wilson welcomed Chief Holder to the City. Mrs. Holder pinned the police badge onto her husband. Mayor Wilson presented Mrs. Holder with flowers. Chief Holder stated that he was happy to return to San Ramon.

Chief Holder introduced San Ramon’s new police officers including Officer Jason Nunn. Officer Jeffri Saunders was unable to be present. He reviewed each officer’s career in law enforcement. Mayor Wilson presented each wife with a rose. Each wife pinned the police badge onto her husband. Mayor Wilson noted that San Ramon demands the best of its officers and stated that the City has the most intelligent and professional officers in the County. He welcomed the officers into the San Ramon family.

Recognition of Glenn Sautter as City of San Ramon Employee of the Month for May 2005.

Public Works Director Joye Fukuda acknowledged Glenn Sautter as the City’s Employee of the Month for May 2005. Mr. Sautter is responsible for the maintenance of all 30 City parks. Mayor Wilson presented him with a certificate. Mr. Sautter thanked the Council.

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Mayor Wilson called a five minute recess at 7:46 p.m. The meeting reconvened at 7:50 p.m. with all Council members in attendance.

Cm. Perkins introduced his son, Lt. Michael Perkins, who has been in the Navy for four years and is currently serving in the Office of Naval Reactors in Washington, D.C.

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Senior Advisory Committee Appointments.
Recreation Services Division Manager Esther Lucas presented the report. She noted that the Parks and Community Services Commission reviewed the applications and recommended the appointments to the Committee. Cm. Hudson’s motion to appoint Colleen Vitalis and Bruce S. Silverman to the Senior Advisory Committee for a term ending in April 2007 was seconded by Cm. Perkins and passed 5-0. Cm. Hudson requested that staff continue to recruit to fill Committee vacancies.

Community Services Division Manager John Skeel provided the report. The Parks and Community Services Commission reviewed the applications and recommend the appointments. Cm. Hudson’s motion to appoint Meredith Decker and Sharon King to the Library Advisory Committee for a term ending in April 2007 was seconded by Cm. Perkins and passed 5-0. Cm. Hudson requested that they continue to recruit to fill Committee vacancies.

Transportation Manager Lisa Bobadilla gave the report. Cm. Rowley’s motion to appoint Dick Rubottom to represent the San Ramon Chamber of Commerce on the Transportation Advisory Committee for a term ending in January 2007 was seconded by Vice Mayor Livingstone and passed 5-0.

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There were no requests to speak under Public Comment.

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Cm. Perkins’ questioned lines 14-15 and 42-43 on page six of the May 10, 2005 minutes. He requested the minutes be corrected and continued to the June 14, 2005 meeting.

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Vice Mayor Livingstone’s motion to approve consent calendar items 8.1 through 8.14, excluding item 8.10, and waiving the reading of the Ordinance was seconded by Cm. Hudson and passed 5-0.

Resolution No. 2005-58 Authorizing the Mayor to Execute an Agreement with Professional Convergence Solutions, Inc. (PCS) for a Telephone System Maintenance Agreement in an Annual Amount not to Exceed $21,516.

Resolution No. 2005-59 Authorizing the Mayor to Execute an Amendment to the Agreement with LSA Associates, Inc. for Preparation of the Old Ranch Estates Environmental Impact Report.

Resolution No. 2005-60 Authorizing the Mayor to Execute an Agreement with R3 Consulting Group for Solid Waste Consulting Services in an Amount not to Exceed $90,000.

Recommendation to Schedule a Public Hearing to Consider Extending the Solid Waste Franchise Agreement with Valley Waste Management for One Additional Year.

Resolution No. 2005-61 Authorizing the Mayor to Execute Amendment No. 1 to Extend the Existing Agreement with FloraTech Landscape Management, Inc. for Park Turf Mowing Services in an Amount not to Exceed $200,899.

Resolution No. 2005-62 Authorizing the Mayor to Execute Amendment No. 1 to Extend the Existing Agreement with Pacheco Brothers Gardening, Inc. for Park Turf Mowing Services in an Amount not to Exceed $218,499.

Resolution No. 2005-63 Authorizing the Mayor to Execute an Agreement with Flora Tech Landscape Management, Inc. for Landscape Maintenance Services in an Amount not to Exceed $717,194.

Resolution No. 2005-64 Authorizing the Mayor to Execute an Agreement with Pacheco Brothers Gardening, Inc. for Landscape Maintenance Services in an Amount not to Exceed $478,416.

Resolution No. 2005-65 Authorizing the Mayor to Execute an Agreement with Finney’s Flooring, Inc. for Carpet Replacement Services in an Amount not to Exceed $134,700.

Adoption of Ordinance Prezoning (Prezone 05-600-002) Windemere Phase 4 and Gale Phase 2 (Remainder) to Planned Development (PD), Public and Semipublic (PS), Parks and Recreation (P), and Open Space -1 (OS-1).

Adoption of Ordinance No. XX to Repeal Debt Establishment Time Limit for the San Ramon Redevelopment Plan Amendment.

Resolution No. 2005-67 Authorizing the Mayor to Execute an Agreement with West Coast Arborist, Inc. to Provide Tree Maintenance Services in an Annual Amount not to Exceed $129,000.

Resolution No. 2005-66 Repealing Resolution 2002-127 and Amending the Parking Restrictions Master Street List by Adding Parking Restrictions in Various Areas of San Ramon.

Transportation Manager Lisa Bobadilla gave the report. There were no questions from the Council. Cm. Perkins’ motion to adopt resolution No. 2005-66 was seconded by Vice Mayor Livingstone and passed 5-0.

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Stephen Spedowfski, Administrative Analyst, gave the report. He noted that the assessment for Zone 10 was reduced from $60 to $15 due to the reduced cost in the maintenance contract proposal. Mayor Wilson opened the Public Hearing. There was no public comment. Mayor Wilson closed the Public Hearing. There were no questions from the Council. Cm. Hudson’s motion to adopt Resolution No. 2005-71 was seconded by Cm. Rowley and passed 5-0.

Associate Engineer Rod Wui provided the report. He noted that the assessment rates are below the assessment limits. Mayor Wilson opened the Public Hearing.

Kim Monaco stated that she was not opposed to the assessment but requested clarification on the ownership of the open space within the GHAD and the responsibility for weed abatement. She asked when ownership will be transferred from Shapell to the City. She questioned what services will be included in the new GHAD assessment increase in order to clarify responsibilities of the homeowners, Shapell, the City or the Home Owners Association. Cm. Hudson asked where the open space is located.

Ms. Monaco stated that this affects Gale Ranch I and Gale Ranch II areas.

Public Works Director Joye Fukuda responded that the GHAD has accepted all of the open space in Gale Ranch I. She stated that the Department will look at the open space and address the weed abatement issue with the developer. She will get an answer for the question on ownership transfer. She noted that the GHAD services are outlined in the staff report and include the mitigation and abatement of any geologic hazard. Staff will meet with Ms. Monaco to answer any other questions. Cm. Hudson requested that the ownership of the open space be identified.

Vivian Byrkit expressed similar concerns regarding the weed problem. She stated that this problem has frustrated her for the past four years. Shapell charged her a $120,000 premium for a lot that looks out on weeds. She remarked that Shapell is a good builder but that they have shirked their responsibilities regarding the weeds. She stated that Shapell has claimed for the past three years that the open space belongs to the City and that they are not responsible for the problem. Mayor Wilson closed the Public Hearing. There were no questions from the Council. Cm. Perkins’ motion to adopt Resolution No. 2005-72 was seconded by Vice Mayor Livingstone and passed 5-0.

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Resolution 2005-68 Adopting the 2005-2006 Operating and Capital Budget, Establishing an Appropriation Limit, and Authorizing Carryover Appropriations.  A comparison of the expenditures and revenues for the 2004-05 and 2005-06 City budget was presented by Greg Rogers, Finance Director. He added that the budget has a balanced General Fund. He reviewed the impact of the county and state fiscal situations. He projects that the City will lose $1.2 million in property tax revenue due to state actions. He noted that the City’s population is expected to reach 55,000 by next year.

Cm. Perkins thanked Finance Manager Eva Howard and Mr. Rogers for their work to achieve a balanced budget. The Mayor noted that everyone worked together to achieve a balanced budget. He thanked the Finance Department for their work and the City Manager for his leadership. Cm. Rowley’s motion to accept Resolution No. 2005-68 was seconded by Cm. Perkins and passed 5-0.

Lisa Bobadilla, Transportation Manager, provided the report. The Mayor opened public comment.

Chris Burcwik Burchik said that she was in favor of permit parking on Vallejo Place. She expressed concern about the increased congestion, traffic, blocked driveways, poor visibility, danger to children, litter, ineffective street cleaning, etc. She did not feel that this congestion was the result of construction at California High School.

The Interim City Clerk noted that one email had been received expressing concern about expanding the existing permit parking and the lack of meeting notification. Ms. Bobadilla assured the Council that notification was mailed to occupants within 1000 feet. Cm Hudson asked for clarification. Ms. Bobadilla stated that the notices were sent to homeowners in a 1000 foot radius of the petitioner’s home address. This involved approximately 150 households. Cm. Rowley asked how many homes are on Vallejo Place. Ms. Bobadilla responded about 25 homes. The Mayor closed public comment.

Cm. Hudson stated that he generally opposes permit parking but noted that this problem is created by California High School students. Home owners can not get out of their driveways and the number of cars on the street makes street cleaning ineffective. Mayor Wilson remarked that permit parking does not solve the problem, it simply pushes the cars onto the next street. He suggested a meeting with the School Board to develop a solution to this problem. He added that it is not fair to put this problem onto the neighbors and that it is impossible to make all of San Ramon permit parking. He recommended that the item be tabled and addressed after meeting with the School Board. He stated that he would vote for permit parking if that is the only solution.

Cm. Rowley expressed sympathy for the residents of Vallejo Court and expressed her interest in meeting with the School Board to resolve the problem. She commented that the parking problem is not the result of construction. She hopes to resolve the problem before school starts or no later than the first Council meeting in August. If a solution can not be reached, she stated that she would support permit parking.

Vice Mayor Livingstone noted that the Transportation Advisory Committee (TAC) plans to meet with the School District. He felt that the District needs to recognize the problem. He suggested that an incentive be created to reduce the number of cars and recommended that the Teen Council be involved.

Cm. Perkins reviewed the process and the time involved in requesting permit parking. He did not feel that the Council could tell residents that their permit application would be put on hold. He expressed concern that the School District may not take action and that the City may need to develop the solution.

Cm. Hudson added that he hoped the problem would be resolved with the opening of Dougherty Valley High School. He suggested that permit parking signs not be posted until after graduation on June 17^th. He stated that he did not want to table the item. He suggested a moratorium for permit parking for a year until a plan is achieved with the District. He suggested special privileges for those who carpool.

Cm. Perkins’ motion to adopt Resolution 2005-69 and delay the installation of permit parking signs on Vallejo Place until after June 17, 2005 was seconded by Cm. Hudson and passed 5-0. Cm. Rowley suggested that the City start talks as soon as possible with the District and wondered if Measure J funds would help the problem. Mayor Wilson appointed Cm. Perkins and Cm. Hudson to serve on the committee with the District.

The Staff Report was presented by Lisa Bobadilla, Transportation Manager. She informed the Council that the TAC approved permit parking for Mavis Place excluding side yards at its February 17, 2005 meeting.

Cm. Perkins questioned why the side yard exclusion was made for Mavis Place but was approved for other City streets such as Millbridge, Hardwick, etc. Ms. Bobadilla responded that the exceptions were made because some of the homes’ frontage face side yards and very limited side yard space. The side yard is not the length of the street. Mayor Wilson opened the public comment.

Al Gonsalves explained that the problem was students who park and then make a U-turn in the court to leave. There are many small children playing and he was concerned about their safety. He added that there are 18 homes on Mavis Place and that 4 homes on each side of the street do not have front parking. He reported that a neighbor was unable to sell his home when the prospective buyer became aware of the parking problem. He recommended eliminating permit parking and added that the TAC does not support this position. He identified part of the problem as parking at the street entrance. He urged the Council to consider the entrance problem and the safety of the children.

Cm. Perkins asked if it was an all or nothing situation. Mr. Gonsalves responded that he does not believe that the TAC took into consideration that some homes have no parking.

Roz Rogoff reported to the Council that she did receive notification. She questioned if a moratorium is the answer. She wondered if some areas would now be unable to secure permit parking because of the proposed moratorium. Mayor Wilson closed the public comment. He expressed concern that permit parking does not solve the problem.

Cm. Hudson remarked that TAC took the best position for what was in front of them. He recommended that the Mavis Place side yard issue be studied and the item be returned to Council for consideration. He supports TAC’s decision.

Cm. Perkins noted that the date on the original petition is May 25, 2004 and that the Council needs to take action now.

Vice Mayor Livingstone suggested allowing permit parking on only the right hand side of Mavis Place. This enables students to leave without making a U-turn. This option would also leave some street parking available for residents.

Mayor Wilson stated that this is not a solution and that not everyone was going to be happy with the Council’s decision. He said that safety issues could not be ignored and that the residents have priority.

Cm. Perkins’ motion to adopt Resolution 2005-70 to include permit parking on the west side of Mavis Place entrance was seconded by Vice Mayor Livingstone and passed 5-0. Cm. Perkins requested that staff delay the installation of permit parking signs on Mavis Place until after high school graduation. Mayor Wilson directed the Transportation Manager to set up meetings with the School District for Cm. Hudson and Cm. Perkins. Cm. Rowley is the alternate. He requested a timeframe for the meetings and an evaluation of the time required for the process.

San Ramon Valley Boulevard – Westside Roadway Landscape Maintenance Background and Current Status.

Stephen Spedowfski, Administrative Analyst for the Public Works Department gave the report. He noted that two attempts have been made to incorporate this area into a Lighting and Landscaping District.

Carl Miller, President of the Twin Creek South Courtside Home Owners Association (HOA), stated that he wants to cooperate with the City. He identified the other two HOAs as Twin Creek South Estates and Twin Creek South Poolside. The three HOAs do hold common land. He acknowledged that the problem is getting agreement on maintenance issues.

Mayor Wilson observed that this problem can contribute to decreased property values. He added that the City took action and remedied the safety issues and that the homeowners will be assessed. He asked Mr. Miller how the City might provide assistance. Mr. Miller responded that the HOAs are working on splitting the common land among each association and assigning responsibility. Mayor Wilson said that the item will be addressed at a September Council meeting.

Cm. Rowley questioned the composition of the HOAs. Mr. Miller responded that the Twin Creek South Poolside had approximately 250 condos, the Twin Creek South Courtside had 325-350 homes and the Twin Creek South Estates had about 450 homes.

Cm. Rowley asked how they plan to resolve this problem. Mr. Miller stated that the HOA Tri-Association by-laws state that the costs associated with community owned land be divided into thirds.

Vice Mayor Livingstone commended staff for their quick action and especially for removing low tree branches hanging over the street. He asked staff to consider options for a permanent solution. Mr. Spedowfski provided two options: have City staff do the maintenance; or form a Lighting and Landscaping (L&L) District and plant sustainable landscaping. Vice Mayor Livingstone asked how an L&L is formed. Mr. Spedowfski noted that the problem is that some home owners do not see the immediate value of an L&L and feel that they are already burdened with assessments.

Mayor Wilson requested that staff work with all three HOAs to create a solution.

Cm. Hudson requested that the affected area be identified. He asked if there were any problems in the area south of Bollinger. Mr. Spedowfski responded there were none.

The City Manager thanked Council for the budget and reminded the Council about the Tri-Valley City Council meeting on Thursday, May 26, 2005.

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Cm. Hudson commended the Parks and Community Services Commission for their decision on Sycamore Park. The Park District has voted in the park. He said that the District will be voting on allowing cremations to be spread throughout the Park District.

Cm. Rowley thanked Lisa Bobadilla and Street Smarts for the Poster Contest on May 23, 2005. There were many creative students and lots of enthusiastic parents.

Mayor Wilson announced three items: the Housing Expo on Saturday, June 4; the Art and Wind Festival on May 29 and May 30 at Central Park; and the E-Waste Recycling Event on June 11. More information is available on the City web site.

There being no further business, Mayor Wilson adjourned the meeting at 9:50 p.m.

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

Approved as corrected at the June 14, 2005 City Council meeting 4-0, Councilmember Rowley absent.