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 July 25, 2006 at 7:14 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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, Parks and Community Services Director Jeff Eorio, Parks and Community Services Program Manager Kathi Heimann, Associate Planner Sara Buizer, Recreation Services Division Manager Esther Lucas, Engineering Director Joye Fukuda, and City Clerk Patricia Edwards.

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Drew Williams led the Council, staff, and the audience in the pledge of allegiance.

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Mayor Wilson asked if there were any changes or additions to the agenda. The 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 a Special Meeting of the Parks and Community Services Commission has been scheduled for August 5, 2006 for a tour of San Ramon parks.

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Swearing-in for Planning Commissioners.

The City Clerk administered the Oath of Office to Parks Commissioners Kathy Berner, William Meine, Ken Mintz, Dominique Yancey, Drew Williams (Student Commissioner) and Planning Commissioner Harry Sachs.

Mayor Wilson reported that the Commissioner selection process was very difficult because of the quality of the applicants. He presented each commissioner with a City pin and thanked them for their time, energy and knowledge and willingness to serve the City.

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Cm. Hudson’s motion to designate Mayor Wilson as the Voting Delegate to the League of California Cities 2006 Annual Conference was seconded by Vice Mayor Rowley and passed 4-0. Mayor Wilson abstained.

Cm. Perkins’ motion to designate Vice Mayor Rowley as the Voting Delegate Alternate to the League of California Cities 2006 Annual Conference was seconded by Cm. Livingstone and passed 4-0. Vice Mayor Rowley abstained.

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

Crime Prevention Specialist Darlene Kittredge outlined this year’s National Night Out event scheduled for August 1, 2006. This event is designed to fight crime and prevent drugs in neighborhoods, generate support for local anti-crime programs, and strengthen neighborhood spirit and police-community partnerships. She encouraged residents to organize a block party. Additional information is available on the City’s web site.

Mayor Wilson said that this is a great opportunity for neighbors to get together, renew friendships, and improve neighborhood safety.

Steven Liao and Randy Burchfield, representing the San Ramon Presbyterian Church, updated the Council on the plans for the fourth annual Building Bridges event to be held on October 21, 2006. The event is designed to implement bridges of hope, fellowship, and relationships. To date, more than 1,000 volunteers working at 100 homes have been involved. This year, the San Ramon Valley Fire Protection District will participate in fire abatement projects. In addition to assisting with household chores, home repairs, yard maintenance, and elderly visitation, emergency survival kits will be assembled and distributed as a component of the Community Emergency Response Team (CERT) Program. Mr. Liao thanked the Council for their support. He invited residents to solicit projects, identify community needs, and participate. Mr. Burchfield added that this event is an excellent opportunity for outreach to help residents find solutions to their problems.

Mayor Wilson thanked the Church for organizing the event which builds community in San Ramon. He encouraged residents to participate.

Shirley Alberti requested that the Council address the undergrounding of utilities in southern San Ramon. The last meeting on this issue was held in 2003. She asked that a meeting be scheduled to provide an update with PG&E input, new cost data, and to identify who would be involved in paying for the utility undergrounding.

Mayor Wilson responded that staff will contact Ms. Alberti.

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

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Resolution No. 2006-108 – Authorizing the Mayor to Execute an Agreement with Spencon Construction, Inc. for the Construction of FY 2006/2007 Curb, Gutter and Sidewalk Repair Project (CIP 5396) and for Miscellaneous Concrete Repair Work for the Period Between July 2006 and June 2007 in an Amount not to Exceed $136,300.

Resolution No. 2006-109 – Authorizing the Mayor to Execute a License Agreement with Contra Costa County for the Iron Horse Trail Corridor Entryway Landscaping at Bollinger Canyon Road, Norris Canyon Road, Montevideo Drive, and Pine Valley Road.

Resolution No. 2006-110 – Authorizing the Mayor to Execute an Agreement with Site Works Construction, Inc. for the Construction of the Storm Damage Priority 1 Repairs for South San Ramon Creek Project (CIP 5417) in an Amount not to Exceed $119,315.

Resolution No. 2006-111 – Authorizing the Mayor to Execute Program Supplement Agreement No. M005 to Administering Agency-State Agreement No. 04-5437 with the State of California for Emergency Repairs on Alcosta Boulevard from Fircrest to Iron Horse Trail, Federal Aid Project No. ER-3825(003).

Resolution No. 2006-112 – Accepting PA 0012 (Windy Hills Park, Parcel D and a Portion of Lot 93 in Subdivision 8254) for Maintenance (Shapell Industries/The Bridges at Gale Ranch).

Resolution No. 2006-113 – Accepting Certain Landscape Parcels and Certain Landscape Improvements in Subdivision 8254 for Maintenance (Shapell Industries/The Bridges at Gale Ranch).

Resolution No. 2006-114 – Accepting Certain Landscape Parcels and Certain Landscape Improvements in Subdivision 8255 for Maintenance (Shapell Industries/The Bridges at Gale Ranch).

Resolution No. 2006-116 – Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with Koff & Associates, Inc. to Increase the Scope of Work to Add Police Department Personnel to the Current Classification Study and Compensation Survey and to Authorize an Additional $5,000 for these Services for a Total Not-to-Exceed Contract Amount of $68,150.

Resolution No. 2006-117 – Authorizing the Mayor to Execute an Agreement with Pakpour Consulting Group, Inc. for Building Inspection Services for Joint Use Facilities in Dougherty Valley in an Amount not to Exceed $65,000.

Cm. Livingstone’s motion to approve consent calendar items 8.1 through 8.8 and items 8.10 and 8.11 was seconded by Cm. Hudson and passed 5-0.

Ordinance No. 381 – Implementing Revised Title D, Zoning, of the Municipal Code of the City of San Ramon.

Resolution No. 2006-115 – Approving the General Plan Map and Text Amendments.  The City Clerk noted that there were four requests to comment on item 8.9

Mayor Wilson requested a staff report which was provided by Associate Planner Sara Buizer. Mayor Wilson opened the public comment.

Paul Desmarais declined to speak.

Jan Desmarais expressed concern that, instead of retaining their Parks (P) designation, the golf courses will be rezoned Commercial Recreation (CR) which includes commercial development. She stated that no one knew the origin of the CR zoning. She asked why the Bridges Golf Course was not included in the Ordinance. She commended the Council for proceeding with the General Plan Amendment and golf course zoning but is concerned about the amount of time involved in the process. She hopes the Council has a commitment to keeping the golf courses zoned as golf courses. She believes that once the zoning entitlements are passed, huge amounts of money could be made which presents an opportunity for a conflict of interest. She requested confirmation that no councilmember is involved personally, or through their employer, with any of the properties being rezoned. She requested personal notification of any development applications for both golf courses. She stated that the proponents will continue with the golf course initiative to protect the property as open space. She asked for clarification regarding the composition of the Redevelopment Agency, City Council, and Finance Committee and how the Brown Act applies to each of these agencies.

Ted Harvey expressed concern regarding the golf course zoning. He does not understand the reason for the CR zoning. He agrees that the golf course overlay and the golf course zoning are more restrictive than the P designation. The zoning change eliminates options for the golf course owners and he is concerned that they may seek compensation. Retaining the P designation would not generate any entitlement changes. He is a proponent of the initiative which will preserve the golf course as a park and open space and require that future golf course zoning be decided by the voters. He questioned why the City is changing the golf course zoning to CR with a golf course overly while it is pursuing a golf course General Plan Amendment. He asked why the zoning ordinance was being changed twice. He believes that property owners adjacent to the golf courses were not properly notified and did not have the opportunity to comment on the negative declaration. There are inconsistencies between the General Plan and the Zoning Ordinance which should be resolved before the CR designation is approved.

Roz Rogoff stated that the mission of her website (www.sanramonobserver.com) is to clarify ambiguities and lack of information. She concurs with the golf course rezoning. The P designation will waste City funds on an unneeded initiative and incorrectly includes golf courses in the total parks area for the City. She commended the Planning Commission and the City Council for their work. The Zoning Ordinance is comprehensive and is coordinated with the General Plan as required by City code. She added that the CR designation was designed for ClubSport and that a golf course zoning is more appropriate for the golf courses.

Cm. Hudson reviewed the history of the CR designation. In 1999, the CAPP initiative failed and Measure G passed which authorized the citizens to write their General Plan. In March 2002, the golf courses were zoned CR per the General Plan. The golf courses have always been commercial. The Zoning Ordinance is being changed in order to be consistent with the General Plan. This directive came from the citizens and not from the Council. The major issue in this rezoning was not CR but the RV issue. He stated his support for the Ordinance and Resolution No. 2006-115.

Cm. Perkins asked the City Manager and staff to develop a comprehensive communications program regarding the RV zoning to ensure that residents become explicitly aware of the provisions of the Zoning Ordinance as it applies to RV and boat parking.

Vice Mayor Rowley requested clarification from the City Attorney regarding the difference between the City Council, the Redevelopment Agency, and the policies which identify how each agency functions.

City Attorney By Athan stated that any property owner can request a property rezoning. These requests become public record and information regarding City developments is available from the Planning Department. Zoning must be consistent throughout the City and can not discriminate. The City has complied with the legal requirements for meeting notices. He added that the City Council, Redevelopment Agency, and Finance Committee all comply with the Brown Act. Only the City Council and Redevelopment Agency are authorized to hold executive sessions. He outlined the development and operation of the Redevelopment Agency. He explained that the decision to have the City’s legislative body sit as the Redevelopment Agency was determined when the Agency was established and this allows for close coordination between the two bodies.

He reviewed the requirements of the Brown Act.

Vice Mayor Rowley noted that the Council’s Finance and Policy Committees are each comprised of only two councilmembers. If a third councilmember is present at the meeting they may not speak.

Cm. Livingstone asked how the Brown Act relates to councilmembers when they sit as either the City Council, Redevelopment Agency, and Finance Committee.

City Manager Herb Moniz stated that the Brown Act applies to all public bodies, standing committees or commissions in California. City Council meetings are subject to and comply with all requirements of the Brown Act. The Redevelopment Agency holds separate meetings with a separate agenda and complies with the Brown Act. The Finance Committee and the Policy Committee are standing committees which hold open meetings, have separate agendas, and are subject to the Brown Act. The Finance Committee and the Policy Committee hear issues prior to either the full Council or the full Agency meetings. There is never a Council or Agency quorum that takes any action as a standing committee. Other councilmembers in attendance are there as part of the audience and do not participate in the discussion.

Mr. Athan clarified the conflict of interest. If an item affects a councilmember in the same manner that it affects the rest of the community, councilmembers are not precluded from taking action on that item.

Cm. Hudson’s motion to adopt Ordinance 381 was seconded by Cm. Perkins and passed 5-0. Cm. Hudson’s motion to adopt Resolution No. 2006-115 was seconded by Cm. Perkins and passed 5-0.

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The City Clerk noted that there were no items of unfinished business.

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Parks and Community Services Director Jeff Eorio reviewed the new City of San Ramon

Art Banner Program developed by the Arts Advisory Committee and accepted by the Parks Commission. The program is cost neutral because the banners are funded by the Arts Foundation and their installation is included in the City’s banner program.

Parks and Community Services Program Manager Kathi Heimann provided more program details. The banners are individual original pieces of hand painted art by local artists who donated their time. The reverse side includes the City logo, the Arts Foundation logo and the statement "Creating Community through the Arts". Shelley Barry of Artful Solutions proposed the initial idea to the Arts Advisory Committee. The 26 banners will be displayed from September through November along Bollinger Canyon Road. The banners will be removed, cleaned and auctioned at an Arts Foundation event. This is a temporary and affordable way to support and promote public art in San Ramon.

Cm. Perkins commented that he saw the art at a recent Parks Commission meeting and was impressed with the quality and diversity of the designs.

Cm. Hudson noted that this is a golden opportunity to add to the City and a great way to lead into the holiday season. The scheduled LPGA tournament will bring thousands into the City who will have the opportunity to see this art. He suggested expanding the program to Crow Canyon in the future.

Vice Mayor Rowley asked when the banners would be auctioned.

Ms. Heimann responded that the auction event details have not been finalized.

Mayor Wilson thanked the Arts Foundation for this program and Ms. Heimann for assisting with their effort.

Parks and Community Services Director Jeff Eorio presented the staff report. He stated that this expansion represents the fourth phase of the Senior Center. With the approval of the Redevelopment Plan Fourth Amendment, $5 million in funding is available for the expansion. In 1992, the building was opened. In 1997, Phase 2 included an expansion of the classroom and addition of a pool room. In 2001, Phase 3 included the park and gardens. The final phase will add a 4,714 square feet building, 54 parking spaces, a new driveway to Stagecoach Road, and relocation of the Senior Gardens. Bids will be solicited in the Winter 2006. Construction on the expansion is scheduled to start in the Spring of 2007 with the projected completion in the Spring 2008.

Recreation Services Division Manager Esther Lucas reviewed the facility’s history. Plans for Phase 4 were developed between July-December 2001 with input from public meetings, the Senior Advisory Committee, Senior Foundation, Senior Gardeners and the Focus on the Future Strategic Plan. The Council approved the conceptual design in February 2002. The project did not proceed due to funding shortfalls. Construction drawings were 95% completed in 2003. She reviewed the expansion design and timelines, renovations to the existing building, and the modifications to Stagecoach Drive. The senior gardens will be relocated and expanded. Estimated costs for maintenance are $80,000 per year and for staffing at $60,000 annually for the expansion.

Mayor Wilson opened the public comment.

David Ernest urged the Council to fund the expansion. He said that attendance has increased dramatically and there is a desperate need for space for new programs.

Lois Holman, representing the Senior Foundation, asked the Council to approve the funding for the Senior Center expansion.

Cm. Perkins questioned the basis for the project’s $5 million cost estimate.

Engineering Director Joye Fukuda responded that City staff is updating the original cost estimate. The data should be available soon and she anticipates that the amount requested will be adequate.

Cm. Perkins asked how the construction will impact current, ongoing programs.

Ms. Lucas responded that staff will develop a plan to coordinate activities during the construction. Programs may be relocated if necessary. However, if the construction is properly phased in, the impact should be minimal.

Mr. Eorio noted that the contractor will access the remodel through the back leaving the front available for seniors. A 48 hour notification procedure for utilities will be implemented to minimize that impact.

Cm. Perkins asked if the current plans included a lower level storage room.

Mr. Eorio responded that it will be included in the bid alternate.

Cm. Perkins recommended that the storage room be included if financially possible.

Cm. Perkins asked for clarification on the Stagecoach Drive exit.

Mr. Eorio said that the existing Stagecoach exit will remain. The existing main entrance will be retained and a new parking lot will be added.

Cm. Perkins asked for details regarding the rental of the new multi-purpose room.

Mr. Eorio said that the room is available for rental and is comparable to the Terrace Room. There is not a large rental business at the Senior Center because of the level of programming. Ms. Lucas added that staff will work out the rental fee and a projected revenue estimate. This room may also be used for community classes.

Cm. Hudson thanked the staff for persevering on the project. He is unhappy with the cost increase but ecstatic that the project is moving forward.

Vice Mayor Rowley thanked staff and the SAC who kept the project alive.

Mr. Eorio noted that the project will be presented to the SAC and to the Parks Commission for comments prior to finalizing the architectural drawings.

Cm. Livingstone wanted to ensure that the SAC will have the opportunity to comment on the plans. Mr. Eorio emphasized that the addition will not look like a remodel but will look like it has always been part of the building.

Mayor Wilson questioned the need for a man’s restroom and a woman’s restroom.

Mr. Eorio responded that the facility has one unisex restroom, the new restrooms will have multiple stalls and that all of the restrooms are ADA accessible.

Cm. Perkins’ motion to adopt Resolution No. 2006-118 was seconded by Vice Mayor Rowley and passed 5-0.

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City Manager Herb Moniz had no comments.

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Mayor Wilson invited citizens to utilize City facilities during the day to avoid the heat.

Cm. Hudson stated that the Board of Supervisors voted to exclude Camp Parks and Hidden Valley from the Urban Limit Line. This is not consistent with San Ramon’s General Plan. He requested that this error be corrected before the election.

Mayor Wilson indicated that the City Manager will address this issue.

Mayor Wilson announced the current City Board and Committee openings. He invited residents to apply. Information and forms are available on the City’s web page.

Cm. Hudson noted that all City plans require compliance with Measure C which sunsets in April 2009. He asked if the City needs to take any action to keep the same standards.

Mayor Wilson stated that a recent issue of CNN Money magazine reported that the median income in San Ramon is $109,500.

There being no further business, Mayor Wilson adjourned the meeting at 9:05 p.m.

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

Approved at the August 8, 2006 City Council meeting, 5-0.