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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

June 13, 2006

A regular meeting of the City Council of the City of San Ramon was held on June 13, 2006 in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding. The meeting convened to closed session at 6:03 p.m.

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

STAFF PRESENT: City Manager Herb Moniz, City Attorney By Athan, Administrative Sergeant Paul O’Mary, Police Chief Scott Holder, Transportation Services Manager Lisa Bobadilla, Cultural Arts and Special Events Program Manager Kathi Heimann, Public Services Director Karen McNamara, Associate Planner Sara Buizer, Recreation Services Division Manager Esther Lucas, Associate Planner Cindy Yee, Deputy City Clerk Marty Wadekamper and City Clerk Pat Edwards.

* * * *

CLOSED SESSION

At 7:08 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 §54956.9 to meet with the City Attorney regarding Unfair Practice Charge filed by SEIU 790 with the Public Employment Relations Board. No action was taken by the Council.

The Council also met in closed session pursuant to Government Code §54957 to evaluate the position of City Manager. On a motion by Cm. Perkins, seconded by Cm. Livingstone and passed unanimously, the Council directed and authorized the Mayor to negotiate and execute an employment contract with the City Manager with such terms and conditions discussed in Closed Session.

* * * *

PLEDGE OF ALLEGIANCE

Connor Box, Joseph Deshler, Ryan Hansen, Kyle Tom, and Brighton Skeel, members of Cub Scout Pack 841 from Walt Disney Elementary School, led the Council, staff, and the audience in the pledge of allegiance.

San Ramon’s Poet Laureate, Patricia Perry, read her poem entitled "Moment of Silence". This poem was provided to attendees at the 2006 Art and Wind Festival.

Mayor Wilson thanked Ms. Perry and said that every day is Memorial Day and asked residents to take time to remember our servicemen and women.

                                                                                     * * * *

ANNOUNCEMENTS

Mayor Wilson asked if there were any changes or additions to the agenda. The 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 City Clerk noted that the Planning Commission meeting scheduled for Tuesday, June 20, 2006 has been cancelled.

* * * *

SPECIAL PRESENTATIONS

Recognition of Tri-Valley Science and Engineering Fair Sweepstakes Winners: Lakshmi Vijanderan and Farnoosh Nik-Ahd.

Mayor Wilson presented Lakshmi Vijanderan with a certificate recognizing her as the first place winner in the Junior Sweepstakes at the Tri-Valley Science and Engineering Fair. She is a student at Pine Valley Middle School.

Farnoosh Nik-Ahd was presented a certificate by Mayor Wilson recognizing her as the first place winner in the Senior Sweepstakes at the Tri-Valley Science and Engineering Fair. She also received an Organizational Special Award at the Intel International Science and Engineering Fair. She is a student at California High School.

Announcement of All Wars Memorial Essay Scholarship Winners.

Danville Mayor Karen Stepper reviewed the program which is in its second year at California High School. She reported that the "Freedom Shrine", a collection of 30 historical documents, has been established at California High School. It is designed to promote an understanding of the documents that formed our nation. The program is sponsored by PG&E, AT&T, and the Exchange Club of San Ramon Valley in partnership with the All Wars Memorial Foundation. Ms. Stepper recognized Major General Ronald Lowe; Danville Vice Mayor Mike Shimansky; and Tom Hawkins and Joanne Erickson representing the All Wars Memorial Foundation. Ms. Stepper acknowledged the support from the offices of Assemblyman Houston, Supervisor Piepho, and Congressman Pombo. Corporate funding was provided by PG&E and AT&T. Mr. Wil Hardee, representing PG&E, stated that education is one of PG&E’s corporate goals. This project is important because it brings the community together and demonstrates that PG&E could make a difference in the community. He commended the organization for achieving their goals. Shiyama Clunie, representing AT&T, said that this is a very unique organization with a very unique message because it provides students with the opportunity to value their history and the work of the country’s founding fathers.

Mayor Wilson recognized Mark Corti, California High School Principal, for his support.

Mr. Corti thanked the sponsors for their financial support and the students for their participation. Mayor Stepper thanked Mr. Corti for his support of the program.

Mayor Stepper thanked the judges who evaluated the essays. The topic for this year’s essay was "Upholding the Constitution". Mayor Stepper presented certificates of participation to George Emmons, Kyle Levy, Vicky Hsieh, Greg Dowty, and Raj Sekar. The second place college scholarship was awarded to Raj Sekar who received $500. Kyle Levy was the first place winner and he received a $1,000 scholarship.

Recognition of Street Smarts Poster Contest Winners.

Transportation Services Manager Lisa Bobadilla thanked Vice Mayor Rowley and Cm. Livingstone for their active participation on the Street Smarts Advisory Committee. Street Smarts is a public awareness traffic safety campaign which educates children about driving, bicycling and walking safely. Selena Lugosi was awarded the second place prize of a digital camera. Patricia Militante was the Grand Prize winner and received a DVD player. Mayor Wilson presented them with a certificate.

Recognition of Street Smarts Video Contest Winners.

Lisa Bobadilla, Transportation Services Manager, announced that nineteen entries were received. Windemere Ranch Middle School is the First Place winner. She acknowledged the contribution of David Bolin, Principal, and Mimi Quan, Video Production teacher. Christina Dea, Melissa Ribowo, Nicole Change and Christine Winn were members of the winning team. Mayor Wilson presented each student with a certificate and each student won a season’s pass to Paramount’s Great America. The school will receive $2,000 worth of traffic safety improvements. The Street Smarts videos can be viewed on the Street Smarts web site which can be accessed through the City website. They will also be aired by local cable television stations.

Recognition of Street Smarts Corporate Sponsors.

Transportation Services Manager Lisa Bobadilla acknowledged the generous financial contributions of the corporate sponsors. These included Jim Burt, Comcast; Walt Trembly, Bank of Walnut Creek; Robert Scott, Sunset Development; and Hassan Sharifi, Golden Skate. Mayor Wilson presented each of the sponsors with a certificate thanking them for their support. Mr. Trembly stated that he was proud to contribute back to the community. Mr. Scott said that Sunset Development is proud to participate and they look forward to participating in the future. Mr. Sharifi thanked the City for organizing the program and said that the Golden Skate is celebrating its 30th anniversary in San Ramon.

Recognition of Mudd’s Restaurant 25th Anniversary.

Mayor Wilson present John Ebert, owner of Mudd’s Restaurant, with a certificate and thanked him for his partnership with the City, his understanding of the community and what we value in San Ramon. He wished Mudd’s continued success.

Recognition of the 2006 Art & Wind Festival Sponsors: Chevron, Fairfield Properties, San Ramon Regional Medical Center, Bishop Ranch Veterinary Center, Preferred Financial, Fox Real Estate, San Ramon Marriott, Contra Costa Times, KKIQ, and Comcast.

Cultural Arts and Special Events Program Manager Kathi Heimann reported that 80,000 people attended the 2006 Art and Wind Festival. Collectively, twenty-three sponsors gave $66,500 in cash and $45,000 in kind services for a total of $111,500. Bronze Level Sponsors contributed $1,500 each in cash to support the event. They included: Integrity Chiropractic, Dr. Hofstetter Family Chiropractic, El Dorado Ranch, Kitchen Connection, Darlene Tom Photography, Butterfly Life Fitness, Pulaski Tickets & Tours and Hallmark Travel, Crown Chevrolet, Next Energy, Little Gym of Danville, Kitchen Experts of California, Your Safety Place and The Raiders. The Silver Level Sponsor category included San Ramon Regional Medical Center, Fox Real Estate, Preferred Financial, Bishop Ranch Veterinary Center, Fairfield Properties, San Ramon Marriott, Contra Costa Times, KKIQ and Comcast who provided $3,000 or more in cash or in-kind services. Those sponsors in attendance received a framed event poster. Chevron provided $20,000 to support the event as a Presenting Sponsor, Gold Sponsor Category. Mayor Wilson presented Janli Degnehart from Chevron with a framed event poster and gift basket.

Recognition of Ron McClean as City of San Ramon Employee of the Month for June 2006.

Public Services Director Karen McNamara introduced Ron McClean, the City’s Employee of the Month for June 2006. He has worked for the City since 1986 and is currently a Maintenance Supervisor. He was recognized for his support of the Sheep Shearing event at Forest Home Farms. Mr. McClean is responsible for getting the old tractors in running condition. Mayor Wilson presented Mr. McClean with a certificate and noted that the Council appreciates his work on vehicle maintenance.

* * * *

Mayor Wilson called a recess at 7:55 p.m. The meeting reconvened at 8:09 p.m. with all Councilmembers in attendance.

* * * *

CITY COUNCIL APPOINTMENTS

Appointment of Parks and Community Services Commissioners.

The City Clerk reported that there are four openings on the Parks and Community Services Commission. Three vacancies are the result of term expirations and one is the result of a resignation. The vacancies were advertised in the Contra Costa Times on March 1, 2006, the City web site, and through City postings. Eight applications were received by the April 11, 2006 closing date. The applicants were interviewed by the City Council on May 2, 2006. She reviewed the ballot procedure. The City Attorney noted that three votes are required for a successful appointment and that the ballots are available for public inspection per the Brown Act.

Cm. Hudson questioned the length of the appointment terms. Mayor Wilson stated that the first three appointments would be for terms to run through 2010 and the term for the fourth appointment would run through 2008.

The first three ballots were successful. The next three ballots were unsuccessful. The City Attorney recommended that the Council cast weighted votes. The next ballot was successful. Mayor Wilson commented that the selection process was difficult due to the quality of the applicants.

Mayor Wilson announced that the Parks Commission vacancies would be filled by Ken Mintz, Dominique Yancey, William Meine and Kathy Berner.

Cm. Hudson’s motion to appoint Ken Mintz, Dominique Yancey, William Meine to the Parks Commission with terms to run through June 2010 and to appoint Kathy Berner for a term to run through June 2008 was seconded by Cm. Perkins and passed 5-0.

Appointment of Planning Commissioners.

The City Clerk reported that there are two openings on the Planning Commission. The vacancies are the result of term expirations. The vacancies were advertised in the Contra Costa Times on March 1, 2006, the City web site and through City postings. Fourteen applications were received by the April 11, 2006 closing date. The applicants were interviewed by the City Council on May 1, and May 8, 2006. The terms will run through June 2010. The first and third ballots were successful.

Mayor Wilson announced that the Planning Commission vacancies would be filled by Phil O’Loane and Harry Sachs. He thanked those who applied.

Cm. Hudson’s motion to appoint Harry Sachs and Phil O’Loane to the Planning Commission with terms through June 2010 was seconded by Cm. Perkins and passed 5-0.

* * * *

PUBLIC COMMENT

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

Donna Kerger thanked John Hunt, Karen Lee, and Melody Lundgren who served as Parks and Community Service Commissioners and Jeff Rhoton and Michael DiGeronimo who served as Planning Commissioners. She acknowledged the time, commitment and effort expended in their service to the City. She welcomed Harry Sachs and Phil O’Loane to the Planning Commission.

Mayor Wilson noted that Mr. Hunt recently died and that a memorial service honoring him will be held at the Dougherty Station Community Center on July 1, 2006 at 1:30 p.m.

* * * *

APPROVAL OF MINUTES

Cm. Livingstone’s motion to approve the May 9, 2006 minutes was seconded by Cm. Hudson and passed 5-0.

The City Clerk noted that there was one request for public comment on item 7.2.

David Kushner stated his opposition to the golf course overlay designation. He noted that the May 23, 2006 minutes accurately reflected his request of the Council to individually state their understanding of the zoning definition and their commitment to maintaining the golf courses. He noted that staff has proceeded with the request for a golf course designation. Although the Council did respond to his request, he remarked that their responses were not included in the minutes. He requested that the minutes be amended to reflect the Council responses for the official record that this definition means ‘golf course’ and that during their term in office they will not vote for any changes allowing the golf course to be used for anything but a golf course. If this is incorrect, he asked that the Council address his request
in item 9.1.

Cm. Hudson preferred to approve the minutes as correct. He requested that the Clerk prepare a verbatim response for Mr. Kushner as this is a separate issue from the minutes. Mayor Wilson noted that the minutes are correct but he requested that the verbatim information be added to the minutes.

Cm. Livingstone requested a correction to page 10 of 14, line 40. He noted that the five calls which he received supported the RV proposal with stronger restrictions.

Mayor Wilson requested that the Clerk provide revised minutes at the next meeting.

* * * *

CONSENT CALENDAR

The City Clerk noted that there was one request for public comment on item 8.8.

Donna Kerger stated that Pacheco Brothers Gardening, Inc. has done an admirable job on the City’s landscaping and she wholeheartedly supports their contact extension.

Register of Demands as presented by the City Treasurer (Period ending May 31, 2006).

Resolution No. 2006-80 – Accepting Certain Landscape Parcels and Certain Landscape Improvements in RA 1104 (North Gale Ridge Road) for Maintenance (Shapell Industries/The Bridges at Gale Ranch).

Resolution No. 2006-81 – Authorizing the Mayor to Execute an Agreement with Azari Engineering, Inc. for Construction Administration and Inspection Services for the Construction of Crow Canyon Corridor Improvement - Phase II , CIP Project Nos. 7114, 7127, 7129, 7130, 8125 and 8168 in an Amount Not to Exceed $420,000.

Accepting the Work by St. Francis Electric on Crow Canyon Corridor Improvements Phase I Project (CIP 7127 and 7130) as Complete and Authorizing the City Clerk to File a Notice of Completion with the County Recorder's Office.

Resolution No. 2006-82 – Authorizing the Mayor to Execute an Agreement with Top Grade Construction, Inc. for the Construction of Alcosta Boulevard Pavement Rehabilitation Project (CIP 5366) in an Amount not to Exceed $1,351,489.

Resolution 2006-83 – Authorizing the Mayor to Execute an Agreement with Francisco & Associates, Inc. for Planning, Engineering and Financial Services Relating to Dougherty Valley in an Amount not to Exceed $60,000.

Resolution 2006-84 – Authorizing the Mayor to Execute an Agreement with So Unique Painting & Decorating to Provide Painting Services in the Parks and Landscape and Lighting District in an Amount not to Exceed $85,940.

Resolution No. 2006-85 – Authorizing the Mayor to Execute Amendment No. 2 to an Existing Agreement with Pacheco Brothers Gardening, Inc. for Landscape Maintenance Services in the Landscape and Lighting District Area II in an Annual Amount not to Exceed $609,408.

Resolution No. 2006-86 – Authorizing the Mayor to Execute Amendment No. 2 to an Existing Agreement with Pacheco Brothers Gardening, Inc. for Park Turf Mowing Services in Lighting and Landscape District Area II in an Annual Amount not to Exceed $221,225.

Cm. Perkins’ motion to approve consent calendar items 8.1 through 8.8 was seconded by Cm. Livingstone
and passed 5-0.

* * * *

UNFINISHED BUSINESS

Resolution No. 2006-87 – Certifying the Initial Study of Environmental Significance and Negative Declaration

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

Sara Buizer, Associate Planner, provided an overview of the responses to the questions which were asked at the May 23, 2006 public hearing. This information is provided in the June 13, 2006 staff report.

The Council had no questions for staff. Mayor Wilson opened the public hearing.

Public Comment

Alex Smith noted a conflict between the proposed seven foot screening and the current City ordinance which allows a maximum six foot fence. He requested clarification on the definition of a front yard setback.

Ms. Buizer responded that the Planning Commission’s (PC) recommended that the fence height be increased to a maximum of seven feet with the top foot made of lattice. She noted that the front yard definition is included under ‘yard’.

Roz Rogoff commented that the problem is not RVs but visual blight in the City. She noted that RVs are not mentioned in the General Plan. She distributed information from the current code which addresses public nuisances and believes that these laws take care of the problem. She supports strengthening the current code if needed because the RV issue does not belong in the Zoning Ordinance.

Paul Desmarais stated that he has not been able to identify where the current zoning ordinance is not in compliance with the General Plan. He believes that the draft Zoning Ordinance includes items which do not fall within the General Plan. He said that the proposed ordinance would reduce the number of notification postings and more control is given to the Zoning Administrator. He requested that more public notice be provided by increasing the notification radius from 300’ to 1,000’. He asked the Council to return the draft to the PC for review in order to protect the City and the community.

Cm. Hudson asked Mr. Desmarais where the City’s Urban Growth Boundary is located. Mr. Desmarais responded that he needed to research the topic.

Cm. Hudson noted that the General Plan requires an update of the Urban Growth Boundary by a vote of the people before 2010 and includes the Eastside Specific Plan. This area includes thousands of acres. He disputed the statement that there is ‘no place left to go’. He emphasized that the voters will determine the zoning for this area.

The City Clerk noted that correspondence was received regarding the lack of notification, the vertical consistency between the Zoning Ordinance and General Plan, and other issues. The City received seven emails requesting that parks be included in the 1,000’ ban for heliports. Five emails were received regarding the RV issue requesting mandating that RVs be stored out of public sight, clarification regarding the grandfathering procedures, restricting RVs, an objection to the intrusion of property rights and one in support of the RV restrictions.

Mayor Wilson closed the public hearing.

Heliport

Cm. Perkins recommended that the Council adopt the PC’s recommendation regarding restrictions of helipads near parks.

Vice Mayor Rowley requested clarification.

Cm. Perkins responded that the PC recommended a 500’ restriction around parks.

Cm. Hudson questioned what would be excluded by adding a parks restriction at 1,000’.

Cm. Perkins clarified that the PC recommended a 500’ parks ban.

Vice Mayor Rowley seconded the motion and it passed 5-0.

Golf Course

Cm. Livingstone stated that the golf course will only be a golf course. There are no plans to change it. No one on the PC or Council ever said that the golf course would ever be anything other than a golf course.

Cm. Perkins said that the City will proceed in the next few month’s with a General Plan amendment and a zoning ordinance change that will provide additional protection against changes to the existing golf courses creating a land use designation and a zoning for golf course. He agrees with Cm. Livingstone that it is not necessary. This process is extensive and will cost the City tens of thousands of dollars.

He stated that he has become aware of a proposed initiative regarding the golf course zoning. The initiative process is a vital part of government, available to everyone. He stated that it is the citizen’s right but it does come at a cost. The estimate is $160,000 for San Ramon. He addressed anonymous activism.

Cm. Hudson stated that the golf course is not being upzoned. He pointed out that residents, not City government, voted in the General Plan, which requires that the zoning ordinance comply with the General Plan. He cautioned that some residents are referencing the 1995 zoning ordinance in error. The Commercial Recreation designation with golf course overlay is the most protective designation for the golf course. The Parks designation allows more uses than the golf course overlay. He stated that time should have been spent discussing the RV issue. The Council needs to find a compromise.

Vice Mayor Rowley said that San Ramon became a city in order to control its destiny. The golf course overlay is the most restrictive designation for the golf courses but the Council is going further by creating the golf course designation because some citizens do not believe the Council. The Council wants it to remain a golf course.

Mayor Wilson thanked the residents for their input. He assured the residents that the Council will make the right decision. The golf course issue is over.

Recreational Vehicles

Cm. Hudson does not agree with the requirement that the RV owner must be a resident of the property where the RV is stored.

Cm. Perkins said that you can not be a non resident landlord of the property and store your RV on the property.

Cm. Hudson is concerned about RV storage for nonresident property owners when the tenant moves.

Cm. Perkins clarified that the RV owner must be either a resident of the property or the owner of the property where the RV is stored.

Mayor Wilson disagreed. Cm. Livingstone agreed.

Vice Mayor Rowley said that the first prerequisite to grandfather RVs is that the RV must be in compliance with the existing RV ordinance.

Mayor Wilson said that he does not want San Ramon to become an RV dumping ground. The problem is RVs which create visual blight. He suggested that a committee be established to deal with the City’s visual blight issues. They would review citizen complaints before the issue comes before the Council. Citizens should use the power of the CC&Rs to remedy the problem.

Cm. Livingstone asked the City Attorney if the zoning change has any affect on the CC&Rs. Mr. Athan said that the CC&Rs are an agreement signed by the resident. If the City is not a party to the CC&Rs, the City can not enforce them. CC&Rs can not exempt anyone from complying with a City ordinance.

Vice Mayor Rowley asked if the City could assist with CC&Rs enforcement.

Mr. Athan replied no.

Cm. Hudson noted that some residents think that the RV ordinance does not go far enough. He endorses the committee idea. The committee should have a list of the registered RV owners. He would like to see this committee include RV owners and report back to the Council. The City should implement a time frame for this committee.

Mayor Wilson suggested that the committee evaluate RVs, public nuisance, and visual blight.

Vice Mayor Rowley added that residents who store their RVs on a pad in the side yard should be grandfathered in. She recommends limiting the number of RVs per home.

Mayor Wilson said that the Council’s job to represent everyone not one small faction.

Cm. Livingstone said that it is absolutely critical to find a way to notify everyone who is involved in this issue.

Mayor Wilson suggested utilizing the Landscape and Lighting flyer format, announcements at Council meetings,
Channel 30, newspapers, etc. for outreach efforts.

Cm. Perkins concurred with Cm. Livingstone and said that multiple venues should be utilized to contact residents.

Cm. Hudson suggested that item ‘f’ (page 4) be changed to read "Upon sale of the property, no further recreational vehicles will be allowed within the front yard setback area." He recommended that item ‘g’ be added stating "Upon termination of tenancy, the tenant will no longer be allowed to store the vehicle in the front yard setback."

Mayor Wilson concurred. He added that the RV owner should live in the home in order to park the RV there.

Cm. Perkins concurs with the changes to ‘e’, ‘f’, and ‘g’ proposed by Cm. Hudson.

Cm. Livingstone concurred with Cm. Hudson and Cm. Perkins.

Vice Mayor Rowley requested that the RV owner should be a resident of the property where the RV is stored.

It was moved by Cm. Hudson and seconded by Cm. Perkins that the public hearing on the Draft Zoning Ordinance and the associated General Plan Amendments be closed. The motion passed 5-0.

It was moved by Cm. Hudson and seconded by Cm. Perkins that the City Council certify the Initial Study of Environmental Significance and Negative Declaration by adopting Resolution 2006-87. The motion passed 5-0.

It was moved by Cm. Hudson and seconded by Cm. Perkins that the City Council direct staff to prepare the associated resolutions approving the General Plan Map and Text Amendments for consideration ands adoption at the July 25, 2006 meeting.

It was moved by Cm. Perkins and seconded by Vice Mayor Rowley that the Alcosta Medical Offices be rezoned to Mixed Use with a Senior Housing Overlay. The motion passed 5-0.

It was moved by Cm. Perkins and seconded by Cm. Hudson that the City restrict heliports from within 500’ of parks as proposed by the Planning Commission. The motion passed 5-0.

It was moved by Cm. Perkins and seconded by Vice Mayor Rowley that the additional uses for the City Center Mixed Use include Conference/Convention facility with a Use Permit; auto rental only facility with a Minor Use Permit; and doctor’s offices that does not exceed more than 10% of total office space. The motion passed 5-0.

It was moved by Cm. Perkins and seconded by Vice Mayor Rowley that the Council adopt the proposed Commercial Recreation with golf course overlay and direct staff to prepare golf course land use (General Plan Amendment) and golf course zoning (Zoning Ordinance) for future consideration. The motion passed 5-0.

It was moved by Cm. Hudson and seconded by Cm. Perkins that the Council accept the recreational vehicle portion of the June 13, 2006 staff report as proposed with changes to: ‘e’ to read "The owner of the vehicle must be a San Ramon resident and must be a resident of the property or the owner of the property where the vehicle is stored.

‘f’ to read "Upon sale of the property, no further recreational vehicles will be allowed within the front yard setback area;.

‘g’ to read "Upon termination of tenancy, the tenant will no longer be able to store the vehicle in the front yard setback.

Mayor Wilson asked for a roll call vote. Cm. Hudson, Cm. Livingstone and Cm. Perkins supported the motion. Vice Mayor Rowley and Mayor Wilson voted against the motion. The motion passed 3-2.

It was moved by Cm. Hudson and seconded by Cm. Perkins that the Council direct staff to prepare the Ordinance, inclusive of all changes, regarding the Zoning Ordinance up-date for consideration and adoption at the July 25, 2006 meeting. The motion passed 5-0.

Mayor Wilson thanked everyone for their input and participation.

Cm. Perkins thanked the Planning Commission and Planning staff for their work.

Cm. Livingstone thanked Sara Buizer for an unbelievably good job on this update.

* * * *

Resolution No. 2006-88 – Authorizing the Creation of a City Police Department and Authorizing the Amending of the Fiscal Year 2006-2007 Annual Operating Budget to Fund Start-Up Costs.

Herb Moniz, City Manager, summarized the staff report. With the formation of a City Police Department, it is estimated that the annual increase will be $420,000 instead of the original projection of $606,000 because of the revised increase in costs for the current contract. The increase in estimated annual costs will include seven new police services position. A complete analysis of costs will be presented during the mid-year budget review. He requested that the Council authorize the creation of a City Police Department and authorize the amending of the Fiscal Year 2006-2007 Annual Operating Budget to initiate the process.

There were no questions of staff by the Council. Mayor Wilson opened public comment.

Donna Kerger asked that the Council consider requiring a 12 month probationary period to allow ample opportunity to evaluate the staff or police officer. She hope that some of San Ramon’s former police officers will return.

Alex Smith supports creation of a City Police Department. He asked the Council to look for the most professional, most qualified, and most experienced person for the position of police chief as the department needs leadership continuity and the citizens deserve it.

Cm. Hudson’s motion to adopt Resolution 2006-88 and authorizing the amending of the Fiscal Year 2006-2007 annual operating budget to fund start-up costs was seconded by Vice Mayor Rowley. Mayor Wilson requested a roll call vote. The motion passed 5-0.

Mayor Wilson distributed Police Department pins to the Council. He congratulated the residents and noted that San Ramon will be the best police force in California.

Cm. Perkins thanked the County Sheriff’s department for their wonderful service to the City and the quality of officers which has been provided to the City. He wants to continue to maintain a good working relationship with the County Sheriff.

* * *

NEW BUSINESS

Arts, Historic, Library, and Senior Foundations’ Annual Reports.

Esther Lucas, Recreation Services Division Manager, introduced the City’s four foundations. They provide funding support for Cultural Art, Historic, Library and Senior Citizen activities and programs within the City of San Ramon. The four foundations have been meeting quarterly over the last year and a half in an effort to collaborate and share resources with one another.

Mark Ballock provided the report for the Arts Foundation. The Foundation encouraged, supports and promotes the cultural arts in San Ramon. Their goals are to grant financial assistance to the cultural arts, fund raising through special events, secure funding through grants and sponsors, lead expansion of the cultural arts in San Ramon, and support development of the cultural arts programs in San Ramon. Objectives for 2006 include establishing a scholarship fund, Foundation awareness campaign, youth symphony, opening night theatre receptions, membership drive and the Handel Performance series.

He described the organization and their fund raising which supports the community though grants to the symphonic band, concerts, arts walk, library exhibits, the California High School music department, street banner project among others. He thanked the volunteers who helped the Foundation and the City Council for their support. Their web site is: www.sanramonarts.org.

Sue Yura provided the Historic Foundation report. This group is dedicated to preserving the historic buildings, structures and landscapes in San Ramon. Their goals include raising funds to supplement the costs for building and structure restoration, educating the community regarding the agricultural history of the valley, and supporting with funds and volunteers the projects at Forest Home Farms. They are raising funds to help furnish the Glass House. Another project is the Boone property where they hope to establish and staff an information center and gift shop, provide financial and volunteer support to programs or special events at the property. Future efforts include expanding their fund raising efforts, increasing memberships, and recruiting board members. Their web site is: www.srhf.org.

The Library Foundation report was provided by Pauline Nolte. The Foundation sponsors a variety of programs for all ages and provide funds for books and materials. They also matched City funding in order to provide Sunday hours. Fund raising efforts include book sales, t-shirts, cook books, jazz concerts, internet book sales, etc. Their goals include sponsor, fundraising, advocating for San Ramon libraries, and promoting superior library services in San Ramon. They are pledging $100,000 for the city center library.

Lois Holeman gave a history of the Senior Foundation. Their mission is to provide funding for the San Ramon Senior Center to enrich the lives of senior in the community thorough a variety of programs, events and activities. Fundraisers include Sunday breakfasts, bingo, boutique, rummage sale, holiday wish tree, Wind Fair, antiques evaluations, etc. They are anxious for the expansion of the senior center.

Angie Merjano reviewed the draft of the proposed web site for the Foundation. This will provide information on the Foundation, objectives, volunteer opportunities, programs and activities, donation information, calendar, etc.

Ms. Lucas thanked the Foundations for their presentations. Mayor Wilson thanked the four Foundations for working together to make San Ramon a great City and for their outstanding volunteers.

As it was after 11:00 p.m., Cm. Hudson’s motion to extend the time limit by 30 minutes to include items 10.2 and 10.3 was seconded by Cm. Livingstone and passed 5-0.

Annual Report - 2006 General Plan 2020 Implementation Work Plan and Schedule.

Cindy Yee, Associate Planner, reported that the General Plan requires that an annual implementation work schedule and plan be prepared for Council review and acceptance to insure timely implementation of the General Plan. The report must be forwarded to the Governor’s Office of Planning and Research and the Department of Housing and Community Development to demonstrate that the City is actively implementing the policies of the General Plan.

Since the adoption of the General Plan in March of 2002, the City has implemented and completed a number of tasks identified in the General Plan. In the past year, particular accomplishments include the comprehensive update of the Zoning Ordinance, completion of the draft Crow Canyon Specific Plan, completion of the San Ramon Transit Plan, implementation of the Economic Development Strategic Plan, initiation of Crow Canyon Road widening, and the opening of Dougherty Station. High priority goals for the upcoming fiscal year include implementation of the updated Zoning Ordinance, the update of the Grading Ordinance, the update of the Parks and Community Services Master Plan, and completion of the Affordable/Inclusionary Housing Ordinance.

Mayor Wilson opened the public hearing. There were no requests for public comments. Mayor Wilson closed the public hearing.

Cm. Hudson requested that several changes be made.

Cm. Hudson’s motion to accept the amended 2006 General Plan 2020 Implementation Strategy and Work Plan; and direct staff to forward the 2006 General Plan 2020 Implementation Strategy and Work Plan to the Governor’s Office of Planning and Research and the Department of Housing and Community Development to demonstrate the City of San Ramon General Plan Implementation Efforts in Accordance with the California Government Code §65400 (b), §65583 and §65584 was seconded by Cm. Perkins and passed 5-0.

Public Hearing: Introduction of New Ordinance of the City of San Ramon Repealing Chapter 1, Dangerous Animals of Division B2, Animals of Title B, Regulations of the Municipal Code of the City of San Ramon and Adoption of a New Chapter 1, Dangerous Animals of Division B2, Animals of Title B, Regulations of the Municipal Code of the City of San Ramon.

Police Chief Scott Holder stated that the City of San Ramon contracts for animal control services with Contra Costa County. The City must adopt the practices and policies utilized by Contra Costa County Animal Services into the City ordinance in order to be consistent with the County’s program. The intent of the new ordinance is public safety. There are few differences between the old and new ordinances. Due to the fees now involved in the process, a hearing must be held to determine if the animal is dangerous or potentially dangerous. Convicted felons are not allowed to own a dog over 20 pounds.

Chief Holder introduced Deputy Director Dan Garrett from Animal Control.

Cm. Hudson asked if the City’s ordinance should be sent to East Bay Regional Parks.

Deputy Director Garrett discussed examples of jurisdiction issues.

Chief Holder said that a copy of the ordinance can be sent to the Park District.

Cm. Livingstone asked how often the City deals with dangerous animals.

Deputy Director Garrett reported that the occurrence in the County was at least daily. In San Ramon, he estimated that the incidence is once a week. One of the significant changes from the old to the new ordinance is that certain things can be required of the pet owners. Under the new ordinance, if an animal is declared potentially dangerous, Animal Control can require: additional secure facilities to contain the animal; spaying or neutering; microchip; etc. For dangerous animals, Animal Control can require: a higher degree of maintenance standards and $100,000 liability per animal per incidence.

Vice Mayor Rowley thanked Deputy Director Garrett for the information.

Mayor Wilson opened the public hearing. There were no requests for public comments. Mayor Wilson closed the public hearing.

Cm. Hudson’s motion to introduce the ordinance, waive reading, and continue to the

June 27, 2006 meeting was seconded by Vice Mayor Rowley and passed 5-0.

* * * *

CITY MANAGER COMMENTS

City Manager Herb Moniz had no comment.

* * * *

COUNCILMEMBER REPORTS

There were no reports from any Councilmembers.

There being no further business, Mayor Wilson adjourned the meeting in honor of Parks and Community Services Commissioner John Hunt. Mr. Hunt’s memorial service will be held on July 1, 2006 at the Dougherty Station Community Center.

Mayor Wilson convened the Council at 11:13 p.m. to closed session. The City Council convened in closed session pursuant to Government Code § 54956.8 to confer with its real property negotiator, Marc Fontes, regarding property identified as APN 213-133-086 and APN 213-120-013.

At 12:32 a.m., Mayor Wilson reported that no action was taken by the Council on the closed session item.

There being no further business, Mayor Wilson adjourned the meeting at 12:33 a.m.

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

Approved at the June 27, 2006 City Council meeting, 4-0; Perkins absent.

 


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