MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held November 8, 2005 at 7:25 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

STAFF PRESENT: Acting City Manager Greg Rogers, City Attorney By Athan, Police Chief Scott Holder, Associate Engineer Roderick Wui, Economic Development Director Marc Fontes, Chief Building Official Reggie Meigs and City Clerk Patricia Edwards.

Ellen Rosenbluth led the Council, staff, and those in the audience in the pledge of allegiance.

Mayor Wilson asked if there were any changes or additions to the agenda. The City Clerk requested that item 4.2 be continued to the November 22, 2005 meeting.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The City Clerk noted that the Finance Committee will meet on Thursday, November 17, 2005 instead of Wednesday, November 9, 2005.

The Transportation Advisory Committee meeting scheduled for Thursday, November 17, 2005 will be held in the San Ramon Community Center Fountain Room. It will be a public hearing to discuss turn restrictions proposed for Veracruz Drive.

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Mayor Wilson presented certificates of appreciation to the Economic Development Advisory Committee (EDAC) Members. Chair Mary Hanson acknowledged the work of the Committee and stated that they are proud of the Plan and the opportunity to make an impact on the City. Mr. O’Loane thanked the City for allowing EDAC to prepare the Plan. Mr. Sachs stated that Mr. Fontes is a great resource for the City and thanked him for his guidance during the process. He added that the Plan is an important document for the City. Mr. SanVicente commented that EDAC was a unified committee with a long term view for the City. Mr. Duarte remarked that it was an honor and privilege to serve on the Committee. Mayor Wilson emphasized the importance of resident input. On behalf of the Council, he thanked EDAC members for taking the time and devoting their expertise to making San Ramon one of the best cities in California.

Recognition of Rose Co as City of San Ramon Employee of the Month for November 2005.

As Rose Co was unable to attend, the item was continued to November 22, 2005.

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The City Clerk noted that no Council appointments were scheduled.

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The City Clerk noted that there were no requests for public comment.

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Cm. Hudson’s motion to approve the October 25, 2005 minutes was seconded by Vice Mayor Livingstone and passed 4-0. Cm. Rowley abstained.

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Resolution No. 2005-144 – Adopting a 9% Disadvantaged Business Enterprise (DBE) Goal for the City of San Ramon for Federally Funded Projects Administered by the California Department of Transportation during Federal Fiscal Year 2005/06.

Resolution No. 2005-146 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Christie Tomlinson in an Annual "Not to Exceed" Amount of $60,000 for Fiscal Year 2005/06.

Resolution No. 2005-147 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Skyhawks Sports Academy in an Annual "Not to Exceed" Amount of $55,000 for Fiscal Year 2005/06.

Resolution No. 2005-148 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Kris Milligan in an Annual "Not to Exceed" Amount of $85,000 for Fiscal Year 2005/06.

Resolution No. 2005-149 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with On The Ball Sports in an Annual "Not to Exceed" Amount of $65,000 for Fiscal Year 2005/06.

Cm. Hudson’s motion to approve consent calendar items 8.1, 8.2 and 8.4 was seconded by Cm. Rowley and
passed 5-0.

Resolution No. 2005-145 – Authorizing the Appropriation of $80,000 for Supplemental Environmental Projects Funded by the Regional Water Quality Control Board’s Fine for the Larwin Pumping Station Sewage Spill.

Associate Engineer Roderick Wui gave the report summary. The four projects proposed by City staff include: the Creekside Environmental Enhancement Project, an Environmental Education Workshop, Iron Horse Trail Enhancement and the Montevideo Native Demonstration Garden. He noted that public feedback on the proposed projects was positive. The Central Contra Costa Sanitary District Board approved San Ramon’s proposals which were then presented and approved by the Regional Water Quality Control Board. He said that project construction must be completed by October 1, 2006.

Vice Mayor Livingstone asked how project cost overages would be handled and if the bid estimates were firm. Mr. Wui replied that the estimates are not firm but are based on costs for similar projects. He added that it is the City’s responsibility to spend the entire amount or the City will be in violation of the Control Board’s conditions of approval.

Vice Mayor Livingstone asked if the money could be moved among the projects. Mr. Wui said that a limited amount of money could be shifted among the projects.

Cm. Rowley asked which project will be first. Mayor Wilson responded that project priority will be determined by the Council.

Mayor Wilson opened public comment.

Sally Bahowick stated that, although the other projects had merit, the Council should concentrate the fine where the damage was done (south of the Larwin Pump Station).

Ellen Rosenbluth remarked that no one spoke against any of the four projects presented at the August 2, 2005 public meeting. She commented that "We are all one San Ramon" and that all of the projects are in the proximity of the spill area. She supports the Demonstration Garden at Montevideo Elementary and noted that similar space is not available at Walt Disney Elementary School. She urged the Council not to make project changes which might jeopardize funding.

Roz Rogoff stated her support for spending the fine in the area of the spill (south of the bridge) since there are enough projects within that area. She does not support funding the Montevideo project. However, if funds are provided to the Montevideo project, she requested that the amount be less than the planned $20,000.

Cm. Perkins stated he expects the Montevideo Garden to be completed as an Eagle Scout project which means a cost savings as the labor will be free. Project costs will include the design, plants and materials.

Vice Mayor Livingstone added that Montevideo funds will be used for irrigation.

Ms. Rogoff asked if the irrigation would flow into the creek. Mayor Wilson commented that this will be an organic garden and nothing toxic should drain to the creek.

Sandy Barclay stated that she never imagined that the fine would be spent in any area other than that of the spill. She said that other areas in the City did not want the pump station in their neighborhood but now feel that part of the fine should be spent outside the area where the spill occurred. She felt that use of the sewer spill fine for the Montevideo project is not valid. She requested that the entire fine be spent on the impacted area which is Larwin Pump Station (and south). She requested that trees be planted. She thought that Walt Disney School should benefit from the fine because it is located in the spill area.

Cm. Perkins reminded the public that there is a meeting on November 15, 2005 at Walt Disney School to discuss the accident and the final resolution of the engineering.

Mr. Wui stated that Central San, the Fire District, the Police, and the Dublin San Ramon Services District will attend the meeting.

Cm. Hudson stated that the fine is to mitigate an egregious spill in the neighborhood and that the Council’s action is the acceptance of four projects which have been approved by the residents. He noted that the speakers supported spending the fine in the area of the spill. He suggested that the Council accept the $80,000, proceed with the projects, determine the cost of the Montevideo project, and try to replace the funds with other City funds to ensure that the fine is spent in the area of the spill.

Vice Mayor Livingstone requested that any overages in the Montevideo Project be directed to tree planting. He asked that the Council find a way to make the projects work for everyone.

Cm. Perkins asked that any unused project funds be used for creek maintenance.

Cm. Rowley said that it is important for the Council to accept the funds and to continue the discussion of the projects at the November 15, 2005 meeting.

Mayor Wilson asked the Council to accept the funds. He noted that the Policy Committee will review the projects and make allocation recommendations.

Cm. Perkins’ motion to approve Resolution 2005-145 was seconded by Cm. Hudson and passed 5-0.

Resolution No. 2005-150 – Finding and Determining that a Project Area Committee (PAC) Need not be Formed in Relation to the Proposed Fourth Amendment to the Redevelopment Plan for the City of San Ramon Redevelopment Project.

Economic Development Director Marc Fontes gave the report. He stated that Redevelopment Law is very clear regarding the conditions that require the formation of a Project Area Committee (PAC). A PAC is formed when an amendment would grant authority to the Redevelopment Agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low and moderate income persons reside or if the proposed amendment would add territory in which a substantial number of low and moderate income persons reside. The Agency is not proposing to reinstate eminent domain over any residential uses except what is identified in the Focus Area. He noted that there are no identified residential uses in the Focus Area so a substantial number of persons would not be subject to eminent domain.

Cm. Perkins asked how it was determined if there are residents who qualify in the project area. Mr. Fontes responded that there are no residential land uses within the Focus Area.

Mayor Wilson opened public comment.

Ted Mendelson asked the Council to very seriously consider eminent domain. He commented that the application of eminent domain for private property is a relatively new concept. He expressed concern about the increased indebtedness for the Crow Canyon Redevelopment area. He felt that the focus of the Economic Development Strategic Plan is the development of Bollinger Canyon.

Mayor Wilson commented that the Economic Development Strategic Plan did not focus solely on the Bollinger Canyon area.

Cm. Hudson’s motion to approve Resolution 2005-150 was seconded by Cm. Perkins and passed 5-0.

Adoption of Ordinance No. 377 – Vehicle Abatement Ordinance Repealing Chapter VII, Abandoned Vehicles of Division B6, Health, Sanitation and Environmental Quality of Title B, Regulations of the Municipal Code of the City of San Ramon and Adopting a Revised Chapter VII, Abandoned Vehicles of Division B6, Health, Sanitation and Environmental Quality of Title B, Regulations of the Municipal Code of the City of San Ramon.

Chief Building Official Reggie Meigs gave the staff report. The amendment to the City’s Municipal Code will bring the Vehicle Abatement provisions into conformance with the State Vehicle Code relative to the enforcement of inoperable and abandoned vehicles.

Cm. Perkins emphasized that the change in the Ordinance enables the City to take action. Mr. Meigs stated that previously only the Highway Patrol was able to take action. The current state Vehicle Code change gives the responsibility for corrective action to local jurisdictions. He noted that the City’s Ordinance has not been changed to enable the City to implement vehicle abatement.

Cm. Perkins reiterated that this change affects the organization doing the abatement not the principles of vehicle abatement.

Cm. Hudson commented that this is merely an update of the City’s Municipal Code.

Mayor Wilson opened public comment.

Lori Snider stated that the Ordinance does involve a fundamental change because it requires that all vehicles be in an enclosed structure. She remarked that enforcement should be the responsibility of the Homeowners Association. She added that the Ordinance is a violation of private property rights and ownership. She supports the confiscation and recovery of costs for cars that are not registered and uninsured. She stated that the Ordinance does not clearly identify these points and that it compromises her ability to keep her vehicle on her driveway while she is awaiting parts.

Cm. Hudson stated that the amendment enables staff to enforce issues relative to ‘abandoned and inoperable’ vehicles. He asked that staff clarify the definition of an ‘abandoned and inoperable’ vehicle versus an ‘inoperable’ vehicle.

Cm. Rowley asked for clarification that the vehicle was located on Ms. Snider’s driveway.

Rich Snider said that he has had several problems with the City declaring an inoperable vehicle as ‘abandoned’. He interprets the Ordinance to give the City the discretion to take cars located behind property gates. He finds this a violation of private property and added that it should be sufficient if the vehicle is licensed and insured.

Bill Schultz asked if cars on private property will be repossessed or if the Ordinance applies only to abandoned vehicles on the street. He asked for time to read the proposal and evaluate it and asked the Council to postpone making a decision.

Lizette Schinauer reported that she has an inoperable but registered and insured car parked on her property. There are times when cars are inoperable because the owner is waiting for parts. She is concerned that inoperable cars will be removed from the property. She asked the Council for clarification before voting on the amendment.

Mayor Wilson asked staff to clarify their recommendations regarding the Ordinance.

Mr. Meigs stated that the City is not changing the Ordinance. The original Ordinance was written at a time when the Highway Patrol was responsible for enforcement. They no longer enforce abatement in local jurisdictions. If the City does not update the Ordinance, the City will not be able to enforce the abatement Ordinance.

Mayor Wilson stated that the current state code gives enforcement authority to the county and to the City. However, the City code references the Highway Patrol as the enforcing agent. He questioned the procedure regarding inoperable vehicles.

Mr. Meigs said that the City takes a reactive rather than a proactive approach to code enforcement. The City responds when they receive a complaint. They leave a notice and work with the resident to correct the problem. Corrective action is discussed with the vehicle owner. He added that the current City Zoning Ordinance does not allow residents to work on vehicles on their driveway.

Mayor Wilson asked if the City would tow a car without due process. Mr. Meigs said that the City has a hearing procedure which can be used in this situation.

The City Attorney stated that a notice of intention to abate and remove an abandoned vehicle must be mailed in ten days to the owner. If the situation is one of temporary disablement, the code enforcement officer would not serve the notice. However, if the car is on blocks during repairs and the vehicle is operable, the officer can make a test to determine if the car can be driven on the streets or highways.

Cm. Hudson stated that the City is only making corrections to the Ordinance that should have already been done. This Ordinance applies to vehicles that are truly abandoned and inoperable and does not apply to the situations which were presented.

Vice Mayor Livingstone asked how often the City conducts vehicle abatement. Mr. Meigs reported one case in which the Ordinance was used to correct a serious problem.

Vice Mayor Livingstone stated that the City takes action only when it is requested and that the Code Enforcement officer does not actively looking for these situations.

Cm. Rowley commented that most problems could be resolved when residents communicate the specifics regarding the vehicle situation.

Cm. Hudson’s motion to approve Ordinance 377 was seconded by Vice Mayor Livingstone and passed 5-0.

Marc Fontes, Economic Development Director, outlined the changes to the Economic Development Advisory Committee (EDAC) Bylaws. These include: (1) removal of the term limits for Redevelopment Area property and/or business owners; (2) filling the Chamber of Commerce representative’s position with a member at- large if the Chamber does not present a nominee; and (3) clarifying excused versus unexcused absences. EDAC and the Policy Committee recommend approval of the bylaw changes.

Mayor Wilson opened public comment.

Donna Kerger stated her concerns regarding term limits and said that term limits should be removed for all EDAC members not solely for the Redevelopment representative. She added that the value of these committee members should end when the Council determines that they are not doing their job or when they elect to resign. As a member of the Chamber’s Public Policy Committee, she requested clarification that the Chamber would not permanently lose its EDAC seat if it does not have a nominee.

Mr. Fontes stated that the proposal refers to removal of term limits for the two Redevelopment Area members. Substituting an at-large member for the Chamber nomination would only be in effect for the applicable term.

Cm. Hudson summarized the justification for the Chamber’s EDAC membership. He supported the removal of term limits for the Redevelopment Area members and indicated that the Council should limit its action to Redevelopment term limits and not the broader issue of all term limits.

Cm. Perkins asked Chair Hanson if there was a good reason to have term limits for any EDAC member. Chair Hanson stated that, in her opinion, there was no good reason for EDAC term limits.

Vice Mayor Livingstone concurred with Chair Hanson regarding term limits. He stated that the Council will not reappoint a committee member who is not doing their job. He commended the EDAC members for doing an outstanding job.

Cm. Perkins moved approval of the Amendment to the Economic Development Advisory Committee Bylaws including deleting Section V, B5 (eliminating term limits for all committee members). The motion was seconded by Vice Mayor Livingstone and passed 5-0.

Cm. Hudson asked that the term limit issue be directed to the Policy Committee.

Cm. Perkins asked that the Policy Committee evaluate removing member term limits from all advisory Boards, Committees and Commissions and present a proposal to the City Council.

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The City Clerk noted there were no items of Unfinished Business.

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The City Clerk noted there were no items of New Business.

The Acting City Manager had no comments.

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Mayor Wilson invited the public to attend the Veterans’ Day commemoration at the Community Presbyterian Church on November 11, 2005 at 10:45 a.m. and show their support of our veterans.

There being no further business, Mayor Wilson adjourned the meeting at 8:40 p.m. The Council convened to Closed Session: Pursuant to Government Code §54957 for the City Council to meet with its Labor Negotiators, Jeff Eorio, Greg Rogers and Cheryl Mitchell Wade, concerning negotiations with SEIU Local 790.

Mayor Wilson reconvened the meeting at 8:50 p.m. He reported that the City Council was advised of the status of negotiations with SEIU Local 790 and no formal action was taken.

There being no further business, the meeting was adjourned at 8:52 p.m.

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

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