MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

September 26, 2006

A regular meeting of the City Council of the City of San Ramon was held September 26, 2006 at 7:05 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

ABSENT: Councilmembers Perkins.

STAFF PRESENT: City Manager Herb Moniz, City Attorney By Athan, Police Chief Scott Holder, Community Services Division Manager John Skeel, Planning Services Manager Debbie Chamberlain, Finance Director Greg Rogers and City Clerk Patricia Edwards.

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Members of Pack 842, Den 4, from Montevideo Elementary School led the Council, staff, and the audience in the pledge of allegiance.

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 there were none.

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Will Hardee, PG&E’s Director of Public Affairs/Government Relations, thanked the Council for the opportunity to make this donation to the Library Foundation which provides support to both of San Ramon’s libraries. One of PG&E’s corporate goals is to be part of and support the community. Ms. Nolte expressed her appreciation for the generous donation. It will be used at the Dougherty Station Library which continues to experience a growing demand for library materials. Mayor Wilson thanked Mr. Hardee on behalf of the Council. He noted that PG&E cares about the City and the importance of  reading. Mayor Wilson also thanked the Foundation volunteers for their work.

Police Chief Scott Holder introduced Officer Jacob Benjamson, Officer Chris Bruce, Officer Albert Li and Officer Debra Williams and reviewed their careers in law enforcement. Mayor Wilson pinned police badges onto Officers Bruce, Li and Williams. Mrs. Benjamson pinned the police badge onto her husband, Officer Benjamson. The Mayor presented each officer with a City pin and presented Mrs. Benjamson with a rose. The officers thanked Chief Holder for selecting them and stated that they look forward to a long career with the City. Mayor Wilson stated that San Ramon is very fortunate that the Police force is part of the San Ramon family. He noted that these officers were chosen because they can meet the City’s high expectations.

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Community Services Division Manager John Skeel gave the report. He requested that the Council appoint the candidate recommended by the Parks and Community Services Commission.

Cm. Hudson’s motion to appoint Mark Janke to the Open Space & Conservation Advisory Committee with a term expiring in July 2007 was seconded by Vice Mayor Rowley and passed 4-0. Cm. Perkins was absent.

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

Walt Trembley, Chair Elect of the San Ramon Chamber of Commerce, introduced Carolyn Degnan as the new President and CEO of the Chamber. She brings experience in insurance, real estate management, marketing and sales to this position. She is active in the community and was the 2003 Business Person of the Year. Mayor Wilson welcomed Ms. Degnan to the City and presented her with a City pin and a rose. Ms. Degnan thanked the Council and said she is excited about her new position.

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Cm. Hudson’s motion to approve the Minutes of the July 24, 2006 Northwest Specific Plan Joint City Council and Planning Commission meeting Public Hearing on the Northwest Specific Plan, the Faria Preserve Master Planned Development VTM 8891, PZ 06-610-003, AR 05-200-001 and DP 05-300-001 and Panetta Property PZ 06-610-002 was seconded by Cm. Livingstone and passed 4-0. Cm. Perkins was absent.

Cm. Hudson’s motion to approve the August 22, 2006 minutes was seconded by Vice Mayor Rowley and passed 4-0. Cm. Perkins was absent.

Cm. Hudson’s motion to approve the September 12, 2006 minutes was seconded by Cm. Livingstone and passed 4-0. Cm. Perkins was absent.

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Resolution No. 2006-139 – Authorizing the Mayor to Execute an Agreement with Folger Graphics for the Printing of the Recreation Guide and Summer Camp Guide in an Amount not to Exceed $60,000 and Authorize a Budget Adjustment of $9,000.

Resolution No. 2006-140 – Authorizing the Mayor to Execute an Amendment to the Consultant Agreement with EDAW, Inc. for Preparation of the Northwest Specific Plan.

Resolution No. 2006-141 – Authorizing the Award of Bid to Vermeer Pacific for the Purchase of a Replacement Pacific Tek Vacuum Unit for the Public Services Department in an Amount not to Exceed $52,990.

Resolution No. 2006-142 – Authorizing the City Manager to Execute a Lease Agreement with Cranbrook Group, Inc. for the Term of October 1, 2006 Through June 30, 2009 for Space Located at 3180 Crow Canyon Place and Further Described as Suites 103 and 105; and to Extend the Lease Term for Suites 140, 145 and 200 Through June 30, 2009.

Cm. Hudson’s motion to approve consent calendar items 8.1 through 8.4 was seconded by Vice Mayor Rowley and passed 4-0. Cm. Perkins was absent.

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Public Hearing – Crow Canyon Specific Plan General Plan Amendment (GPA 04-400-001), Specific Plan (SP 04-800-01) and Related Final Environmental Impact Report and Rezoning (RZ 04-600-001) - Crow Canyon Specific Plan.

Planning Services Manager Debbie Chamberlain introduced Walter Rask, a consultant with the ROMA Design Group who provided staff’s response to the issues raised at the September 12, 2006 Council meeting. These included: the relationship between the Northwest Specific Plan (NWSP) and the Crow Canyon Specific Plan (CCSP) with respect to land use; the need for additional retail uses; modification to the 100 foot creek structure set-back; the Planning Commission’s (PC) recommendation and the Village Center Concept; and responses to Mr. Tuohy’s September 5, 2006 email.

Cm. Hudson noted that the CCSP is being done by direction of the General Plan. If Ordinance 197 is part of the General Plan, the Council must follow the General Plan.

Cm. Livingstone asked if Ordinance 197 applies to the CCSP.

Mr. Rask responded that the City Attorney issued a letter stating that neither Ordinance 197 nor the Resource Conservation Ordinance applies to this area.

Referencing the City Attorney’s letter, Ms. Chamberlain stated that Ordinance 197 applies to open space, hills and creeks but does not apply to the CCSP because it is an urban built environment. Staff recommends preserving the creek structure set-back because of the riparian corridor. City Attorney By Athan stated that Ordinance 197 targets underdeveloped land and does not apply to the developed area near the creek in the CCSP.

Mayor Wilson opened the public comment.

Joe Anderson stated that he has been against the CCSP from the beginning. The Village Concept will not work next to a brick yard. The Council should consider the impact on the lives of affected families if the CCSP is adopted. The City does not need more shopping.

Brian Mathews remarked that the Village Center Concept is a good idea but not for the CCSP area. It requires a pedestrian friendly area with wide sidewalks and no cars. A more appropriate location, one that was not studied in the EIR as an alternative, is to locate housing in the Bishop Ranch area. He believes that this omission makes the EIR a flawed document. He asked the Council to ensure that existing viable businesses continue to operate. The EIR does not take into consideration the impact of the loss of the recycling center. He believes that more work needs to be done on the CCSP.

Cm. Hudson asked Mr. Mathews if he rejects the Village Concept and the PC plan.

Mr. Mathews responded that the PC’s plan serves the voters’ directive to improve the area but goes too far by placing residential areas north of Deerwood. He suggested that the Council explore other options.

Cm. Livingstone asked Mr. Anderson for his opinion on what the Council should do. Mr. Anderson responded that the City should do nothing and leave the area as it is. Cm. Livingstone asked Mr. Anderson if his idea of a plan is to have ‘no plan’. Mr. Anderson stated that he has been against the plan since June 1989. Cm. Livingstone asked if Mr. Anderson had spoken to the PC. Mr. Anderson responded that he had not.

Ted Mendelson noted that the PC listened to the citizens and business owners. He supports the CCSP as a good compromise. He complimented ROMA on their efforts to incorporate changes to the CCSP in response to citizen concerns.

Cm. Livingstone asked Mr. Mendelson what the Council should do when a major property owner does not like the CCSP but a group of tenants do support the CCSP.

Mr. Mendelson responded that if the CCSP is just a plan and, if eminent domain is not used, the fair market will determine the best and highest use of the property.

Joe Kamp stated that the PC has responded to his concerns. He is concerned about the amount of housing located in a small area. He suggested that the Crow Canyon area undergo a face lift rather than tearing it down.

Galen Grant suggested that an ideal site for mixed use is the property at Deerwood and San Ramon Valley Boulevard. The property owners requested consideration of a creek set back reduction. Development potential exists but the property owners want equal treatment based on the precedent that has been set for a prior building.

Cm. Livingstone suggested that the Council discuss the Ordinance 197 and the CCSP creek area. He wants to see a development plan for entire block and not a few parcels.

Mr. Grant supports a cohesive development for the area and requested that his email be included in the public record.

Roz Rogoff suggested the Council listen to these comments and keep the development between Deerwood and Crow Canyon and not disturb the businesses in the central area.

Mayor Wilson closed the public comment.

Cm. Livingstone said that the Council is proceeding with the CCSP at the direction of the voters and the General Plan mandates. He wants to see good planning.

Cm. Hudson stated that ‘no plan’ is not an option. He added that both the Village Center Concept and the PC plan will provide the 735 housing units mandated by the state and ABAG. Market forces, not eminent domain, will determine the final development.

Vice Mayor Rowley thanked the citizens for attending the meetings. The final plan is the result of their questions and public input. She thanked ROMA for their presentation.

Mayor Wilson stated that market forces will determine the type of development for this area. The Council is following the dictates of residents. The Council will look at all the data and will proceed with a plan that works for the City.

Cm. Livingstone stated that the problem with the PC’s plan is that it is poor planning. It does not make sense to have houses encircled by commercial service. It is important to keep commercial service and protect the businesses on Beta Court. The area north of Purdue should be commercial service and not housing.

Cm. Hudson’s motion to continue the item to October 10, 2006 was seconded by Vice Mayor Rowley and passed 4-0. Cm. Perkins was absent.

Public Hearing – General Plan Map and Text Amendments (GPA 06-400-001 and TA 06-410-002) and Addendum to the Initial Study of Environmental Significance and Public Hearing for Rezoning (RZ 06-600-001) - Golf Course and City Center

Planning Services Manager Debbie Chamberlain presented the report. She summarized the responses to the issues raised at the September 12, 2006 Council meeting regarding: the FAR for the golf courses, the changes on the 3.4 acre portion of Bishop Ranch 1, and the history of the Mixed Use designation for the city center.

Mayor Wilson opened the public comment. There were no requests to address this issue. Mayor Wilson closed the public comment.

Cm. Hudson’s motion to continue the public hearing to October 10, 2006 was seconded by Vice Mayor Rowley and passed 4-0. Cm. Perkins was absent.

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Finance Director Greg Rogers provided the report and outlined the procedures required to establish a pension program for police officers by creating a CALPERS police safety category. CALPERS has prepared the necessary actuary report and resolution and ordinance formats to amend the City plan to create this category. The Finance Committee reviewed the actuary report on September 13, 2006 and directed staff to proceed with the formal amendment process. The creation of a CALPERS safety unit will allow the City to provide retirement benefits to newly hired police officers. The initial rates for the CALPERS safety unit at the 3% @ 50 level of benefits were determined by the actuary report. The initial employer rate is estimated at 19.02% of salaries and the employee rate at 9.0% of salaries. It is proposed that the employee rate be paid by the employer. These costs may change s the City adds additional police officers covered by the retirement plan.

Cm. Hudson asked if the 19.02% and 9% rates will be paid by the employer.

Mr. Rogers responded that the combined rate is currently paid by the employer in other cities and that this combined rate is considerably lower than the City’s current contract.

Cm. Hudson asked if these rates will change.

Mr. Rogers responded that CALPERS expects the rates to be constant through 2009. The benefit of pooling with other agencies is to smooth out the rates. Unfunded liabilities should not build up but a significant drop in the stock market could increase the rates.

Mr. Rogers replied that costs are more stable if San Ramon remains in the rate pool.

Cm. Hudson’s motion to adopt Resolution No. 2006-143 was seconded by Cm. Livingstone and passed 4-0. Cm. Perkins was absent.

Finance Director Greg Rogers provided the report. This is the second part of the CALPERS requirement to establish a pension program for police officers by creating a safety police plan category.

Mayor Wilson opened the public hearing. There were no requests to address this issue. Mayor Wilson closed the public hearing.

Cm. Hudson’s motion to introduce Ordinance No. 382, conduct the public hearing, and waive the reading was seconded by Vice Mayor Rowley and passed 4-0. Cm. Perkins was absent.

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City Manager Herb Moniz stated that establishing the City’s Police Department creates separate fiscal and policy issues. All of the issues were approved by the appropriate committees prior to being presented to the Council. He encouraged all City Committee members and Commissioners to attend the September 28, 2006 training. He reminded the Council that the Tri-Valley Council meeting is on September 28, 2006 in Dublin.

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Cm. Hudson reported that CCTA had a special meeting to discuss Proposition 90 and its impact. He advised the Council to read this Proposition. He told the CCTA that San Ramon will not support the County’s Urban Limit Line ballot measure. He reported that the East Bay Regional Park District will conduct a study on the use of Segways and electric bicycles on the Iron Horse Trail. CCCTA finalized the agreement to provide bus service to Dougherty Valley via the new Route 135 starting on December 18, 2006.

Cm. Livingstone encouraged residents to attend the San Ramon Rotary’s 22^nd Annual Carbo Load on October 7, 2006. Proceeds benefit the San Ramon Valley community. This event is a family affair and includes activities for children.

Cm. Hudson thanked the companies in Bishop Ranch who have hosted this event including Pac Bell and Toyota.

Vice Mayor Rowley stated that she enjoyed the exciting LPGA event. San Ramon did a great job transporting the visitors. She noted that the dedication for the library and new classrooms at California High School will take place on September 27, 2006.

Mayor Wilson reported that the September 17, 2006 California Symphony performance was a great concert and family event. The Arts Walk and Festival on September 23-24, 2006 at the Dougherty Station Community Center was very successful. He encouraged residents to attend the Black and White Benefit scheduled for October 14, 2006 at the San Ramon Community Center. This is a great event that supports cultural arts in the City.

He thanked Larry Marx, General Manager of the Blackhawk Country Club, for an excellent LPGA event. He recognized Cm. Hudson’s contributions to the success of that event. He asked Cm. Hudson to keep the Council apprised of the study on the motorized bikes on Iron Horse Trail.

There being no further business, Mayor Wilson adjourned the meeting at 9:15 p.m. in honor of the life of Senator John Nejedly who died on September 19, 2006. He was a champion of nature and human rights and will be sorely missed.

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

Approved as presented 3-0; Livingstone absent; Perkins abstain.