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 May 9, 2006 at 6:37 p.m. in the San Ramon Community Center, 12501 Alcosta Boulevard, Mayor Wilson presiding.

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

STAFF PRESENT: City Manager Herb Moniz, City Attorney By Athan, Housing Programs Manager Brooke Littman, Parks and Community Services Director Jeff Eorio, Transportation Administrative Analyst Darlene Amaral, Engineering Director Joye Fukuda, Transportation Services Manager Lisa Bobadilla, Associate Planner Sara Buizer and City Clerk Pat Edwards.

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At 6:37 p.m., Mayor Wilson announced that the Closed Session was cancelled. At 7:11 p.m., Mayor Wilson reconvened the meeting. All Councilmembers were in attendance.

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Thomas McNamara 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 a correction to the calendar. The final Street Smarts, not Character Counts!, Skate Night will be held on Wednesday, May 17, 2006, at the Golden Skate.

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Housing Programs Manager Brooke Littman introduced Tess Bryner, an advocate for affordable housing. Mayor Wilson presented the proclamation to Ms. Bryner. She said that she spoke for the disabled and those who can not speak for themselves in thanking the City and everyone involved in making affordable housing available for residents. Mayor Wilson noted that enabling the disadvantaged to live in San Ramon makes our community more complete.

Parks and Community Services Director Jeff Eorio introduced Thomas McNamara, Parks and Community Services Commission Chair, who presented the awards to Mayor Wilson. The "GO Card" is an innovative program which enables residents to earn points like a frequent flyer program. These points can be redeemed towards future programs or classes. The Senior Center’s intergenerational Preschool Extreme Olympics was also recognized. The "Get Active" program encouraged residents to walk and take advantage of fitness opportunities in San Ramon. Pedometers were provided to residents with funding from ClubSport and the San Ramon Regional Medical Center.

Mayor Wilson stated that the Council appreciates recognition of City programs. He thanked the Parks staff for the variety of activities which they provide to City residents.

Bike To Work Day 2006 Presentation.

Darlene Amaral, Transportation Administrative Analyst, reported that she is the Contra Costa County Team Captain for the 2006 Bike to Work event. The event promotes biking as an exercise option which is fun, healthy, and saves on transportation costs. There will be 20 energizer stations providing food, water, and free bike bags to riders. She encouraged citizens to get additional information at the event website (www.511.org). She provided sample bike bags which Mayor Wilson distributed to members of the audience. Mayor Wilson stressed the importance of exercising.

Recognition of Roy Shields as City of San Ramon Employee of the Month for May 2006.

Engineering Director Joye Fukuda introduced Senior Engineering Inspector Roy Shields, the City’s Employee of the Month for May 2006. As the City’s representative on construction sites, he is being recognized for providing outstanding service. Mayor Wilson noted that Mr. Shields exemplifies what is best about San Ramon and presented him with a certificate and a gold star paper weight. Mr. Shields thanked the Council for the recognition and stated that he is proud to represent the City.

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City Council Appointment to the Regional Rail Plan Policy Advisory Committee. Transportation Services Manager Lisa Bobadilla informed the Council that the Metropolitan Transportation Commission has embarked on a Regional Rail Plan Study to establish regional transit priorities for the next 50 years. The Regional Rail Commission and the High Speed Rail Commission have asked to form a Regional Rail Plan Policy Committee to provide them with area-wide coordination on the Regional Rail Plan Study. San Ramon has been asked to participate on the Policy Advisory Committee. There were no questions from the Council.

Mayor Wilson nominated Cm. Hudson to represent the City on the Policy Advisory Committee. The nomination was seconded by Cm. Perkins and passed 5-0.

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The City Clerk noted that there was one request for public comment.

Isabel Lau invited the Council to participate in a fund raiser at the Dublin Barnes and Noble bookstore on Saturday, May 13, 2006. The event will run from 10:00 a.m. to 6:00 p.m. and will raise funds for new library books for California High School. She noted that this is an excellent opportunity to purchase gifts for Mother’s Day and Father’s Day.

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Cm. Livingstone’s motion to approve the April 25, 2006 minutes was seconded by Vice Mayor Rowley and passed 5-0.

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Resolution No. 2006-68 – Authorizing the Mayor to Execute an Agreement with Traffic Limited, Inc. to Provide Commercial Roadway Striping and Stenciling Services in an Annual Amount not to Exceed $270,036.

Resolution No. 2006-69 – Authorizing the Mayor to Execute an Agreement with Quality Air Solutions for the Provision of Heating, Ventilation and Air Conditioning Services for All City Maintained Buildings in an Amount not to Exceed $60,000 Per Year for Scheduled Routine Maintenance Service and a Rate of $ 88.00 Per Hour for Repair Services.

Resolution No. 2006-70 – Authorizing the Mayor to Execute Program Supplement Agreement No. M006 to Administering Agency-State Agreement No. 04-5437 with the State of California for Construction and Construction Engineering for the Alcosta Boulevard Pavement Rehabilitation Project from Bollinger Canyon Road to Montevideo Drive Project (CIP 5366), Federal Aid Project No. STPL-5437(015).

Resolution No. 2006-71 – Authorizing the Expenditure of $65,332.38 from the Equipment Replacement Fund for the Purchase of Three Police Vehicles.

Cm. Hudson’s motion to approve consent calendar items 8.1 through 8.5 was seconded by Cm. Perkins and
passed 5-0.

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Mayor Wilson called a recess at 7:35 p.m. The meeting reconvened at 7:42 p.m. with all Councilmembers in attendance.

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Sara Buizer, Associate Planner, provided an overview of the responses to the questions which were asked at the public hearing on April 25, 2006. This information is provided in the May 9, 2006 staff report. The report also provides information on three additional issues: large family day care home parking requirements; a General Plan policy number correction; and the General Plan Open Space map.

The Council had no questions for staff. Mayor Wilson reminded the residents that copies of the Zoning Ordinance are available at various City facilities and that another public hearing will be held on May 23, 2006. Mayor Wilson opened the public hearing.

Dale Williams addressed the zoning change for GPA 06, 2622 Derby Drive. He asked for clarification on the "DU per AC". Ms. Buizer said that the abbreviation stands for "dwelling units per acre". Mr. Williams questioned the proposed zoning change to Residential Single Family Low/Medium Density. He proposed RC (Rural Conservation) zoning instead of the current RE (Residential Estate) zoning.

Ms. Buizer clarified that every City property has both a General Plan designation and a zoning designation. This property’s zoning designation is RE. The General Plan designation is being corrected from Open Space land use to RSFLD for the house and RSFMD for the access to the house to reflect the zoning designations currently in effect. The intent is to change the General Plan land use designation for this house so that it will match the neighborhood’s zoning designation and correct a General Plan mapping error.

Jim Zelinski asked for the total number of housing units that could be built by changing the zoning as proposed and whether it would be easier to grant a variance.

Ms. Buizer responded that the maximum number of homes that could be built under the current RE zoning is three. The property would have to be subdivided and each lot would have to meet the minimum lot requirements.

Kathy Lamb purchased her home in an area without CC&Rs so that she can park her RV on her property. She opposes the ordinance because it restricts RV parking. She does not want the additional costs of landscaping, RV storage, or the RV registration fee. She added that the RV fee would be difficult to effectively and fairly manage. She requested that the City not single out RV owners in an effort to clean up neighborhoods.

Max and Kit Noel support the Planning Commission’s (PC) zoning ordinance.

Matt Cardenas stated that the RV ordinance will make the situation worse because portions of it are vague and difficult to implement. He is concerned about safety and visual obstructions created by RVs. The Council should retain the original ordinance.

Curtis Wengeler questioned the reason for the change to the RV ordinance because this is an issue that concerns only a specific area of San Ramon in which CC&Rs are not enforced. CC&Rs should not be imposed upon the entire City. He asked the Council to have the same concern for residents who like RVs as for those who do not. He expressed concern for off site RV storage. He asked for interaction with the Council and that the Council form a group to deal with problem RVs. It is not necessary to change the current ordinance. The solution is to get rid of problem RVs.

Juanita Whitney-Harding said that she is against the proposed RV ordinance and RV parking in front yards. RVs should be parked away from public view to eliminate potential visual blight. Passing this ordinance will make her neighborhood worse than it currently is. The option to grandfather in RVs, regardless of existing CC&Rs, works against homeowners. She supports the seven-foot fence option. She appealed to the Council to adopt an RV ordinance that prevents future RVs from being brought into the City and to place the RVs which are currently here behind fences out of public view.

Christa Freihofner said that San Ramon is a diverse and unique community. RV owners should not be prohibited from using their property to park their RVs. She asked the Council to support the PC recommendations.

The City Clerk reported that three emails were received on the RV issue.

Ross Hill does not support any change in the current RV ordinance.

Philip Mentz supports tighter restrictions on the visibility of RVs.

Robert duPont supports an ordinance which: enhances public safety; requires RV owners to store their RV within an interior yard setback or use landscaping to block the view of stored vehicles; and provides two years for owners of RVs stored in the front or side street setback areas to come into compliance or store their RVs off site.

Robert duPont is concerned about CC&Rs being more stringent than the RV ordinance. He requested that the Council include the following in the RV ordinance: maintain the landscape requirement; eliminate the grandfather clause; consider the RV impact in the event of a natural disaster; add clearer language regarding set-back requirements; and require off site storage, if needed, in order to maintain the rights of property owners.

Richard Snider objects to the proposed RV ordinance and to the City determining how he uses his property.

Melvin Lamb noted that RVs would be helpful in the event of a natural disaster because they are equipped with generators, water, refrigeration, etc. Speeders are a larger safety problem than the RV visibility issue.

Jim Kehriotis stated that the Council was not addressing the issue with an open mind. The City should not legislate the freedoms of residents. Residents should be able to keep their RVs on their driveways or property.

Tom Studley asked that the Council adopt the PC recommendations. The rights of residents should not be taken away.

Robert Jozaitis stated that adopting the proposed RV ordinance would be a precursor to future restrictions. Storing his RV in an off site lot is not a viable option. He wants to be able to use his RV as his home after an earthquake. He asked the Council to keep the current ordinance as it is without any changes.

Cm. Hudson noted that every subdivision and community in San Ramon has CC&Rs but not all of them have HOAs with by-laws.

Gary Lundry stated his objection to the golf course zoning change from Parks (P) to Commercial Recreation (CR). He noted that no one has asked for this zoning re-designation and that there are inconsistencies in the information provided by the City.

Pete Domingo opposes the golf course zoning change because it will decrease his quality of life by adding more things and increasing clutter.

Philip Cullen opposes the golf course zoning changes. He said that there has been no explanation of why the zoning change is needed. He feels that there is a level of obfuscation on the part of the City. He asked who proposed the change, what is driving the change, and who benefits from the change.

Ray Howard is concerned with the golf course zoning change, what’s driving the change, and the commercial potential of the zoning designation.

Viktor Hampel complimented the City on the General Plan. He is concerned about the power of eminent domain and the conditions under which it would be used by the City.

Ted Harvey discussed the urban growth boundary and reviewed the options under the CR zoning. He expressed concern about the potential sale and development of golf course land as a result of changing the golf course zoning designation.

Diane Smith's letter was read by Jan Desmarais. Ms. Smith asked who authorized the CR designation for the golf course. PC minutes do not reflect discussion of this change. She stated that five former members of the General Plan Commission did not recall discussing golf course rezoning. The Council should reject this zoning ordinance change.

Brent Robery asked the Council to be an advocate for residents. He is not concerned with the zoning designation but wants the golf course to remain a golf course. He said that the General Plan was misrepresented to the citizens. He asked the Council to preserve the essence of San Ramon and to retain the golf course designation.

Becky Kolberg asked for clarification on the protection available to the golf course by utilizing the golf course overlay designation. She discussed the process for changing land use designation and asked what initiated the change to the golf course zoning.

Linda Gow asked why the golf course zoning is being changed if there is not a development company behind it. She asked the Council to retain the current zoning.

Jan Desmarais supports the Open Space or Parks zoning designation for the golf courses. She requested that the Council support the General Plan Amendment to protect the golf courses. She is concerned about the inconsistencies which will result if the golf course CR designation allows a .35 FAR and the golf course overlay allows a .10 FAR. She asked the Council not to implement the CR zoning and to listen to the residents.

Paul Desmarais asked if the existing Zoning Ordinance complies with the General Plan 2020. He requested a comparison document that explains the issues. The golf course zoning should remain as it is. He suggested that the City Council return the document to the PC for further analysis and to clarify inconsistencies.

Jim Blickenstaff stated that mixed use is defined in the General Plan as .7 FAR. He expressed concern that the Planning Director could change building intensities independent of input by the public and elected officials. He questioned if the golf course overlay is subordinate to the underlying zoning. The general consensus of residents is to keep the current zoning for the golf course. He suggested a General Plan amendment to coordinate the zoning with the General Plan to maintain the .1 FAR.

The City Clerk reported that two emails were received on the golf course zoning issue.

Tom Perillo requested several restrictions regarding the zoning ordinance and included questions for the Planning Department staff.

Susan Friedman expressed concerns regarding the zoning ordinance changes.

These communications were forwarded to the Planning Department for action.

Cm. Hudson clarified that his comments regarding a ‘squeaky wheel’ were part of his presentation at the Citizens’ Advisory Committee for the East Bay Regional Parks District and not part of the Public Hearing process. He noted that there is a significant difference between zoning changes and actual development. Residents voted in the General Plan instead of the CAPP (Citizens Against Poor Planning) initiative. The General Plan states that the golf course is CR not Open Space or Parks. The Council’s action will make the Zoning Ordinance comply with the voter supported General Plan. He stated that the zoning change is only a 'letter' change and is not a land use change. San Ramon’s General Plan enables the voters to determine if they want to expand the urban growth boundary rather than being stuck with infill projects. The residents’ request to keep the golf course zoned as P (protected Park) and undevelopable does not exist. The Golf Course overlay to the CR zoning will provide the maximum protection to keep the golf course as a golf course.

Cm. Perkins asked staff to review the chart with land use, Park and Recreation, and the Golf Course Overlay. If the golf course (GC) overlay is accepted, the land use must comply with the CR designation and the GC designation. He asked if one designation is subordinate to the other.

Ms. Buizer stated that in cases where there is a conflict within the Zoning Ordinance or between the Zoning Ordinance and another code, the more restrictive standard applies. The GC overlay designation is more restrictive than the CR and would apply. With a CR zoning and GC overlay designation, only four uses are allowed with a .10 FAR.

Cm Perkins stated that the City Council is making the Zoning Ordinance comply with the General Plan per state law. He noted that 77% of the voters supported the General Plan. He assured the public that the Council wants the golf course to remain a golf course. The PC proposal makes the most consistent establishment between the General Plan Amendment and the Zoning Ordinance. He agreed with Mr. Domingo that less is better and this would be achieved through the GC overlay.

Mayor Wilson noted that councilmembers attended PC meetings to understand the General Plan Amendments. The PC’s and Council's job is to make sure that the golf courses remain golf courses. The Council cares about the quality of life in San Ramon.

Cm. Perkins requested that the Planning staff address the following: RV permits would expire with change of tenancy; clarify language regarding ownership of RV, ownership of property and resident; require that RVs or trailers must be registered to the resident at the San Ramon address; registration must be current; reduce the permit application period to six months; don’t issue grandfather permits in areas with stricter CC&Rs; restrict heliports in the vicinity of residences and schools, not parks; only allow large family day care in detached homes; expand the City Center Mixed Use options.

Cm. Livingstone concurred with the points presented by Cm. Perkins.

Vice Mayor Rowley encouraged more discussion at the next Council meeting.

Mayor Wilson reported a mix-up in the speaker cards and asked Ms. Alberti to make her comments.

Shirley Alberti questioned the zoning change for the Alcosta Medical Arts Center to Mixed Use and possibly residential. She asked that Sunny Glen residents be involved in any decision making. Ms. Alberti expressed concern about the zoning change from medium to very high density for Villa San Ramon. She asked if Villa San Ramon has been built to capacity and if there are plans to add an addition. If they build to the south, this would impact their employee parking lot, and create a potential parking problem for Sunny Glen residents. If a residential component is added to the Medical Center, she is concerned about the number of units, traffic, and safety. If Villa San Ramon expands, she asked how many units would result from the very high-density designation.

The Mayor closed the public hearing. Cm. Livingstone’s motion to continue the hearing to the May 23, 2006 meeting was seconded by Cm. Hudson and passed 5-0.

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

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City Manager Herb Moniz had no comment or report.

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Cm. Hudson thanked the Parks and Community Services Department for an excellent Cinco de Mayo concert. Steve Seskin and Allen Shamblin provided a great concert. The event was underwritten by Chevron and sponsored by the San Ramon Arts Foundation.

Vice Mayor Rowley thanked the citizens for their input and staff for their report. She invited residents to attend the East Bay Business Symposium on Thursday, May 18, 2006, from 8:00 a.m. to noon at the San Ramon Marriott. The cost is $65 for San Ramon Chamber of Commerce members and $75 for prospective members.

Mayor Wilson encouraged residents to attend the event and take advantage of the expertise and opportunity at the Business Symposium.

Mayor Wilson thanked the staff for their work on the Zoning Ordinance update. He noted that the next Council meeting will be held on May 23, 2006 at 7:00 p.m. in the San Ramon Community Center. He noted that it is important for residents to voice their opinions as this helps the Council to make their decision.

There being no further business, Mayor Wilson adjourned the meeting at 10:37 p.m.

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

Approved at the June 13, 2006 City Council meeting, 5-0.