MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held on April 25, 2006 at 6:34 p.m. in the San Ramon Community Center, 12501 Alcosta Boulevard, Mayor Wilson presiding. The meeting convened to closed session
at 6:35 p.m.

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

STAFF PRESENT: City Manager Herb Moniz, City Attorney By Athan, Police Chief Scott Holder, Chief Building Official Reggie Meigs, Public Services Director Karen McNamara, Neighborhood Preservation Specialist Brian Lindblom, Recreation Services Division Manager Esther Lucas, Central Services Division Manager Pat Perry, Associate Planner Sara Buizer, Planning Services Manager Debbie Chamberlain and City Clerk Patricia Edwards.

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At 7:25 p.m., Mayor Wilson reconvened the meeting. All Councilmembers were in attendance. The Council met in closed session pursuant to Government Code §54957.6 to meet with its labor negotiators Jeff Eorio, Greg Rogers and Cheryl Mitchell Wade concerning negotiations with SEIU Local 790. The Council took no action.

The Council met in closed session pursuant to Government Code §54957 to evaluate the position of City Attorney. Upon a motion made by Cm. Perkins and seconded by Vice Mayor Rowley, the Council unanimously passed a minute order (2006-05) authorizing and directing the Mayor to execute a Memorandum of Understanding with Byron D. Athan as City Attorney under the terms and conditions discussed.

The Council also met in closed session pursuant to Government Code §54957 to evaluate the position of City Manager. No action was taken by the Council.

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Diane Schinnerer led the Council, staff, and the audience in the pledge of allegiance.

The City Clerk noted there were no changes or additions to the agenda.

The City Clerk noted there were no changes or additions to the Boards, Committee and Commission meetings schedule listed under Announcements on the agenda.

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Recognition of Diane Schinnerer for her Election to the 2006 Contra Costa County Commission on Women’s Hall of Fame.

Mayor Wilson introduced Dianne Schinnerer, the first Mayor of San Ramon. He presented her with a proclamation acknowledging her accomplishments for the arts in San Ramon and Contra Costa County including her work with the National Park Service to preserve Eugene O’Neill’s Tao House, co-chairing the 2005 Eugene O’Neill Festival, and her election to the Contra Costa County Commission on Women’s Hall of Fame. Mrs. Schinnerer stated that Eugene O’Neill is the only U.S. playwright to have been awarded a Nobel Prize. He also won four Pulitzer Prizes. She encouraged residents to visit the Tao House by contacting the U.S. National Parks Service at 828-0249.

Recognition of San Ramon Bears Junior Pee Wee Cheerleading Team as First Place Winners at the 2006 U.S. Spirit Association National Cheer Championships.

Mayor Wilson presented certificates of recognition to the San Ramon Bears Junior Pee Wee Cheerleading Team as First Place Winners at the 2006 U.S. Spirit Association National Cheer Championships. The team included: Hannah Baker, Maddy Carrier, Karley Devitt, Alejandra Garcia, Kelly Gross, Lauren Johnson, Alyssa Lorenzo, Ashley Pedersen, Angelica Pollard, Madeline Potter, Korah Rose, Kellie Waldo, and Taylor Wyrsch. The Mayor recognized the team’s coaches, Amy Probst and Donna Potter.

Proclamation Declaring April 23-29, 2006 as National Volunteer Week.

Mayor Wilson presented the proclamation to Colleen Vitalis and Mary Rutherford. He noted that volunteers are essential to the City and thanked them for their service. Ms. Vitalis said that volunteering is a wonderful way to meet friends and is very rewarding. Ms. Rutherford stated that she is proud to be a part of San Ramon.

Mayor Wilson presented Ms. Rutherford with a plaque acknowledging her as the 2005 California Parks and Recreation Society District III’s Outstanding Volunteer in Parks and Recreation. He thanked her for her involvement and commitment to the community.

Proclamation Declaring April 30 – May 6, 2006 as City Clerk Week.

Mayor Wilson presented Deputy City Clerk Marty Wadekamper, Office Technician Renee Beck and City Clerk Patricia Edwards with a proclamation declaring April 30 – May 6, 2006 as City Clerk Week. He recognized their behind the scenes service to the City and thanked them for their dedication. Ms. Edwards thanked the Council and said that the City Clerk’s staff is proud to serve the City.

Chief Building Official Reggie Meigs introduced Kong Chung, Building Permit Specialist. Mayor Wilson acknowledged Mr. Chung’s demonstration of quality customer service. The Mayor presented him with a City pin and welcomed him to the San Ramon family. Mr. Chung stated that it is an honor to work for the City and its great workforce.

Public Services Director Karen McNamara introduced Marc Luke, Facilities Maintenance Supervisor; Rick Vallecillo, Facilities Maintenance Technician; and Jesus Aguilar, Streets Maintenance Technician. She noted the unique expertise which each will bring to the City. Mayor Wilson presented each of them with a City pin. He stated that residents have the dedicated Public Services staff to thank for keeping San Ramon beautiful.

Community Emergency Response Team (CERT) Update.

Brian Lindblom, Neighborhood Preservation Specialist, provided the update. The first class of 50 volunteers graduated from CERT training and a new class is starting soon. . The CERT Policy Committee met on April 5, 2006 and discussed funding mechanisms and the feasibility of using elementary school attendance boundaries as the location for CERT staging areas. He encouraged residents to complete the on-line CERT training prior to the hands-on training provided by the San Ramon Valley Fire District.

Mayor Wilson stated that San Ramon needs to be self-sufficient for at least 72 hours after a disaster. It is important to be prepared and to plan ahead for the recovery process.

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Mayor Wilson called a recess at 8:05 p.m. The meeting reconvened at 8:15 p.m. with all Councilmembers in attendance.

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Recreation Services Division Manager Esther Lucas gave the report. She noted that the Senior Advisory Committee (SAC) currently has three vacancies. Two applications were received. She asked the Council to appoint the candidates recommended by the Parks and Community Services Commission.

Cm. Hudson’s motion to appoint Joan Ernst and Garrett Allison to the SAC with terms expiring in April 2008 was seconded by Vice Mayor Rowley and passed 5-0.

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The City Clerk noted that there were three requests for public comment.

Dale Halterman, the 2006 Chairman of the San Ramon Chamber of Commerce Board of Directors, announced that San Ramon’s VCOM Solutions, Inc. is the winner of the 2006 Contra Costa Council Small Business Award. The company has grown 2916% in three years from an initial capital start of $250,000 to almost $10 million in revenues per year. It is a nationwide integrated communication provider with 35 employees. It is listed as the #1 Private Company in the Bay Area in the Contra Costa Times’ Book of Lists.

Hassan Sharifi complimented and thanked the City staff, especially Karen McNamara and Joye Fukuda, for their quick and efficient repair of a street pothole problem.

Paul Desmarais postponed his comments to the Zoning Ordinance discussion.

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Cm. Perkins’ motion to approve the March 28, 2006 minutes was seconded by Cm. Livingstone and passed 5-0.

Cm. Perkins’ motion to approve the April 11, 2006 minutes was seconded by Cm. Livingstone and passed 5-0.

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Cm. Livingstone requested that item 8.8 be removed from the Consent Calendar for discussion. Cm. Hudson requested that item 8.2 be removed from the Consent Calendar.

Resolution No. 2006-63 – Authorizing the Mayor to Execute an Amendment to Extend the Term of the Existing Agreement with R3 Consulting Group for Solid Waste Consulting Services to October 31, 2006 and to Amend the Scope of Services.

Resolution 2006-64 – Authorizing the Mayor to Approve an Expenditure to Ford of Dublin in the Amount of $95,119 and to Walnut Creek Ford in the Amount of $34,552 for a Total Expenditure of $129,671 from the Vehicle Replacement Fund for the Purchase of Six Replacement Vehicles for the Public Services Department.

Resolution No. 2006-65 – Supporting the Contra Costa Community College District Facilities Bond Measure A.

Cm. Livingstone’s motion to approve consent calendar items 8.1 and 8.3 through 8.7 was seconded by Cm. Perkins and passed 5-0.

Resolution No. 2006-66 – Approving the County Connection Dougherty Valley Transit Service Plan and Authorizing Staff to Proceed with the Development and Implementation of a San Ramon Dougherty Valley Transit Plan.

Cm. Livingstone acknowledged the outstanding efforts of Cm. Hudson, City Manager Herb Moniz and Transportation Services Manager Lisa Bobadilla on the Transit Plan.

Cm. Hudson noted that Cm. Perkins was also involved. Staff has been working on this project for 2-3 years. Route #135 will start on December 18, 2006 and will serve the new Community College and enable Dougherty Valley residents to get to the Shops at Bishop Ranch and connect with buses to BART and Stoneridge Mall. This Transit Plan demonstrates a major collaborative effort between the MTC and County Connection.

Cm. Perkins thanked Mr. Moniz, Ms. Bobadilla, and County Connection for the new bus line which will operate between 6:00 a.m. and 7:00 p.m. This line also provides service for students. There will be a 5 year demonstration project.

Vice Mayor Rowley stated that she was delighted to solve the transportation problem especially with increasing gas prices.

Mayor Wilson thanked everyone involved in bringing this bus route to San Ramon.

Resolution No. 2006-61 – Rejecting the Single Bid Received for the Replacement of Three Police Vehicles.

Cm. Hudson declined discussion on item 8.2. Cm. Livingstone’s motion to approve consent calendar items 8.2 and 8.8 was seconded by Cm. Hudson and passed 5-0.

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Public Hearing for Resolution No. 2006-67 – Establishing Fees and Charges for Various Municipal Services for Fiscal Year 2006-07 and Repealing Resolution No. 2005-38.

The staff report was given by Pat Perry, Central Services Division Manager. There were no questions from the Council. Mayor Wilson opened the public hearing. There were no requests to address this issue. The Mayor closed the public hearing.

Cm. Hudson’s motion to adopt Resolution No. 2006-67 and repeal Resolution No. 2005-38 was seconded by Cm. Livingstone and passed 5-0.

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Public Hearing on General Plan Map and Text Amendments (GPA 05-400-001 and TA 06-410-001) and Initial Study of Environmental Significance and Introduction of Ordinance, Waive Reading, and Public Hearing for Rezoning (RZ05-600-004); Comprehensive Zoning Ordinance Update.

Sara Buizer, Associate Planner, provided an overview of the public hearing process. She reported that copies of the Zoning Ordinance Update were available at the Dougherty Station Library, the San Ramon Library, City Hall and the Senior Center. She introduced Bruce Jacobson, consultant with Jacobson and Wack.

Mayor Wilson thanked the residents for their participation. It is the Council’s duty and responsibility to listen to citizens. He said that this is the first of three public hearings regarding the proposed Zoning Ordinance and that a final decision will not be made at this meeting. He thanked the Planning Commissioners and City staff for their work.

Mr. Jacobson provided an overview of the Zoning Ordinance including background, terminology, the California Planning Tools, the General Plan, the Zoning Code, types of Zoning Standards, the contents of the draft Ordinance, overall changes to the current Ordinance and specific changes in the draft Ordinance. He summarized the Planning Commission’s recommendations. The Council had no questions for Mr. Jacobson.

The City Attorney recommended that the Council introduce the Ordinance, waive the reading, open the public hearing and take testimony. Cm. Hudson’s motion to introduce the Ordinance, waive the reading and open the public hearing was seconded by Cm. Livingstone and passed 5-0. Mayor Wilson opened the public hearing.

The City Clerk reported that 3 emails were received addressing the Zoning Ordinance.

Max Noel requested that the Council pass an Ordinance which respects existing CC&Rs and does not "grandfather" in recreational vehicles that are in violation of existing rules.

Jim Zelinski requested that the land use designation for 2622 Derby Drive and the adjacent land retain its "Open Space and Parks" designation.

Sergio and Andrea Retamal support Mr. Zelinski’s request.

Roz Rogoff stated that she was against Measure E banning heliports in San Ramon. Heliports should be regulated through the Zoning Ordinance. She requested that the Council expand the current 1000’ restriction to include parks for increased safety.

Paul Desmarais stated that the primary issue with heliports is safety. He asked if the heliports are for public or private use. He remarked that the final Ordinance Update is a complicated document and requested hyperlinks to access subcategories. He requested a document which compares the current Ordinance text to the proposed changes.

Christa Freihofner said that her RV is intrinsic to her quality of life. It is a legal vehicle parked on her driveway. There is no RV storage in San Ramon. She urged the Council to accept the Planning Commission’s recommendations regarding RV parking.

Mayor Wilson asked Ms. Freihofner if she would utilize RV storage that was provided at a reasonable cost and close proximity. Ms. Freihofner responded that she was not sure.

Curtis Wengeler told the Council that his family RV can be parked on his driveway but does not fit on his side yard. He noted that an RV group was involved in developing the City’s current RV ordinance. He is concerned about CC&Rs that are not enforced. CC&Rs should be applied only in those City areas that have adopted CC&Rs. He urged the Council to leave the Ordinance as it is and utilize the Vehicle Abatement Ordinance if needed. He suggested that everyone work together and avoid unneeded regulations.

Dale Williams addressed the zoning change for Zone GPA 06, 2622 Derby Drive. The house is currently zoned as Open Space and Parks. He questioned why the zoning is being changed to Single Family Low Medium Density instead of Rural Conservation.

Jim Zelinski requested that the Council retain the current zoning and provide a separate variance for 2622 Derby Drive. If the designation is changed, he asked how many houses could be built using the proposed Low Medium Density residential designation. He asked how many acres are involved. He asked for clarification about the revision to Measure G, Open Space Preservation Action Plan.

Planning Services Manager Debbie Chamberlain responded that the current zoning is REA. The General Plan, with the exception of 2622 Derby Drive, is Single Family Low Density. The intent is to change the General Plan designation for this house so that is will match the neighborhood’s designation and correct a General Plan mapping error.

Mayor Wilson added that the intent is to correct a zoning error and not to give a variance allowing additional homes to be built.

Ted Harvey stated that he can accept zoning changes to achieve consistency with the General Plan. He expressed concern about the potential sale and development of golf course land as a result of changing the golf course zoning designation.

Robert and Diane Smith declined to speak.

Janis Desmarais stated that she learned by chance in February about the proposed golf course zoning change. She asked the Planning Department to provide the allowable land uses for Commercial Recreation. She missed two public hearings because there was no mail notification. Only two of the required three public meetings were noticed.

City Attorney By Athan responded that there was miscommunication in the City regarding the January 17, 2006 meeting. However, three properly noticed public meetings were held. He noted that if a mailing notification exceeds 1,000 addresses, the Government Code allows advertising instead of mailings to individual owners to meet the notification requirement. Meetings that are adjourned to another meeting do not require new notification. He added that the public has had the opportunity to speak at three public hearings and that the earlier notification error does not impact this public hearing.

Ms. Desmarais asked why only the February 7 and February 21, 2006 Planning Commission meetings were noticed and regarded this as a notification failure. She questioned the authority given to the Zoning Administrator to modify the notification requirement for future development processes, applications and variances. The Negative Declaration comment period was December 16, 2005 to January 23, 2006. Because the public notice was posted on February 7, 2006, she believes that residents were not afforded an opportunity to participate in the process. She asked the City to revise the Negative Declaration period and the request was denied. She requested more detail on changes to the public notification processes which are part of the proposed Zoning Ordinance. She said that the Planning Commission ignored public comments regarding the Zoning Ordinance changes. She requested that the Council address: expiration of the Negative Declaration period; public hearing notification; the apparent inconsistency of Commercial Recreation in the General Plan with a .35 FAR versus the proposed golf course overlay with a .10 FAR; how the City can request ten General Plan changes under one amendment; and the 29 proposals to rezone which would increase the land use density and infill development. She asked the Council to consider the impact of the land use changes and related entitlements on the community. She asked the Council to pay attention to the 456 petition signatures requesting that the golf course retain its Parks zoning designation to protect it for open space. She noted that San Ramon is attractive because of the amount of open space throughout the City. She reported that a survey of neighboring cities indicates that either Planned Development or Open Space designations are used as the golf course zoning designation. Ms. Desmarais expressed concern that the City did not notify homeowners surrounding affected properties about the changes. She emphasized the importance of ensuring that the open space is preserved for the future.

Mayor Wilson stated that the Council is aware of the importance of open space and is cognizant of land use. He thanked Ms. Desmarais for her comments.

Paul Desmarais expressed concern about miscommunications. He suggested that the City

provide a weekly update on City topics. There is a misconception that, if the golf course Parks zoning is retained, developers would use this land to satisfy their park land requirement. The golf course zoning should not be changed if the owner has not requested it. There are contradictions in the definition of park land. He disagrees with the Planning Commission’s statement that golf courses can not be included in the Parks category. He suggested that new golf courses be designated as park land. He expressed concern about the number of General Plan changes which are included in this amendment. He requested that the Planning Commission reexamine the issue of public notification. He thanked the Council and the Planning Commission for their effort.

Mahvas H. Meimand was unavailable for comment.

Orlando Calvet thanked the Council for operating a City with a wonderful quality of life. He asked the Council to exercise caution in changing the golf course zoning. He does not want to create an opportunity for a developer to change the zoning. He requested that a lawyer with environmental credentials to evaluate the proposed zoning changes. He asked that the golf course retain its Parks zoning designation.

Shirley Alberti expressed concern about the change from medium to high density at Villa San Ramon. She also asked for clarification on the zoning change from office to mixed use at the Alcosta Medical offices.

Jim Blickenstaff was concerned that changing the Derby Drive zoning would permit an unintended use by unintentionally allowing intense development. He noted that the Zoning Ordinance relation to the General Plan is very extensive. He questioned the increase in FARs and in densities from medium to high which will impact San Ramon’s green space. He asked why the Zoning Administrator has authority to increase the FAR.

The City Attorney remarked that the City did not adopt a specific plan for the Dougherty Valley. By suing the County and the developers, the City was able to obtain the open space and required the developers to pay for the infrastructure and schools. Cm. Hudson said that the Planning Commission approved 9,000 homes in Dougherty Valley.

Roslyn Lowe expressed concern about the zoning changes, increased traffic, the growth in Dougherty Valley, and the potential for selling the City’s golf courses. She does not want San Ramon to become an urban city environment. She is concerned about changing commercial zoning to mixed use zoning and the possibility of building housing on all shopping areas. She stated her preference for slowing or stopping the growth.

Diane Schinnerer supports the General Plan amendments to update the General Plan to match current uses.

The Mayor closed the public hearing. Cm. Livingstone’s motion to continue the hearing to the May 9, 2006 meeting was seconded by Vice Mayor Rowley and passed 5-0.

Mayor Wilson requested that additional questions be submitted to the City Clerk so that they can be addressed at the next Council meeting.

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City Manager Herb Moniz had no comment or report.

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Cm. Hudson reported that the Association of Bay Area Governments (ABAG) is

reviewing the housing numbers. He asked to be included on ABAG’s Housing Methodology Committee because of the transit component. The East Bay Regional Parks District (EBRPD) is holding a special Parks District Forum on May 16-19, 2006 at the San Ramon Marriott. The Citizens’ Advisory Committee for the EBRPD dedicated 1,858 acres of land received in dedication from citizens and developers. He reported that the EBRPD has a survey entitled "Ten Steps to Build Customer Loyalty". One step recommends that public officials act on what is important to their constituents and not just listen to the squeaky wheel. He informed the Council that the Contra Costa Transportation Authority is requiring cities to verify that they have met their Urban Limit Line requirement in order to receive their Measure J funding.

Cm. Perkins reported that he attended the Contra Costa County Hazardous Materials Commission Policy Committee meeting. Committee members were impressed with San Ramon’s program to collect household batteries for proper disposal. They were also impressed with the components of the pending Waste Management contract which include free e-waste pick-up, increased recycling and green waste collection and free compost. He noted that San Ramon is very proactive in protecting the environment.

There being no further business, Mayor Wilson adjourned the meeting at 10:40 p.m. with a moment of silence in memory of Monsignor Bernard Moran, former pastor of St. Raymond’s Church.

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

Approved at the May 9, 2006 City Council meeting, 5-0.