MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held April 10, 2007 at 6:30 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Police Chief Scott Holder, Parks and Community Services Director Jeff Eorio, Public Services Operations Manager Jeff Gault, Transportation Division Manager Lisa Bobadilla, Assistant Planner Shinei Tsukamoto, Transportation Specialist PJ Sekhon, Senior Traffic Engineer Phil Agostini, and City Clerk Patricia Edwards.

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At 6:46 p.m., the Council met in closed session: (1) pursuant to Government Code §54957 to evaluate the position of City Manager; (2) pursuant to Government Code §54957 to evaluate the position of City Attorney; and (3) pursuant to Government Code §64956.9 to confer with the City Attorney regarding the East Bay Regional Park District v. City of San Ramon.

Vice Mayor Perkins moved that the Mayor be authorized to negotiate and execute an amendment to the employment memorandum of understanding with Herb Moniz with such terms and conditions as discussed in closed session. The motion was seconded by Cm. Livingstone and passed 5-0.

Vice Mayor Perkins moved that the Mayor be authorized to negotiate and execute an amendment to the employment memorandum of understanding with Byron Athan with such terms and conditions as discussed in closed session. The motion was seconded by Cm. Livingstone and passed 5-0.

No action was taken by the Council on the East Bay Regional Park District v. City of San Ramon. At 7:16 p.m., Mayor Wilson reconvened the meeting. All Councilmembers were in attendance.

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Brandon Abar led the 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 that 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 April 16, 2007 Southwest Area Transportation Committee meeting listing is incorrect.

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(#4.1) Proclamation Declaring April 15-21, 2007 as National Volunteer Week.  

Mayor Wilson presented the proclamation to Mary Ann Wilkman, Volunteer Coordinator. Ms. Wilkman asked Pat Boom, former mayor, and Pat York, member of the Senior Citizen’s Advisory Committee, to participate in the presentation. Mrs. Boom remarked that the people who live in San Ramon have a passion for living here. She encouraged residents to volunteer in the community. Mayor Wilson added that volunteers are essential to the quality of life in San Ramon. On behalf of the Council, he thanked the City’s volunteers for their contributions.

(#4.2) Proclamation Declaring April 27, 2007 as Arbor Day 2007.

Mayor Wilson presented the Arbor Day 2007 proclamation to Dominique Yancey, Parks Commission Chair. Mrs. Yancey stated that, as part of the Arbor Day activities, a tree will be planted on April 27, 2007 at the Glass House. She said that citizens can buy a tree from the Parks Department which will be planted at the orchard at the Glass House. Mayor Wilson encouraged residents to participate in this opportunity.

(#4.3) Recognition of San Ramon Bears Junior Pee Wee, Pee Wee, and Mascots Cheerleading Teams as Winners at the 2007 U.S. Junior Nationals Championship Competition.

Parks and Community Services Director Jeff Eorio introduced Coach Dana Huettenhain, Cheer Director. Ms. Huettenhain described the awards won by each category. At the USA Jr. Nationals Championship Competition held on March 3, 2007, the Mascot squad (ages 5 to 7) won second place in song/pom and second place in performance cheer; the Jr. Pee Wee squad (ages 8 to 10) won first place in song/pom (They are the reigning National Champions in song/pom, winning two years in a row) and second place in performance cheer; and the Pee Wee squad (ages 9 to 11) won third place in song/pom. At the February 2007 Jamz National’s Competition, the Jr. Midgets/Midgets squad (ages 10 to 14) placed third in performance cheer.

Mayor Wilson thanked the coaches and the volunteers for their participation.

Public Services Operations Manager Jeff Gault introduced Jennifer Dye. Ms. Dye is being recognized for establishing a contract management program for the Public Services Department assisting in issuing RFPs, RFQs, RFBs, contracts and agreements for projects totaling over $4 million. She also established an online frequently asked questions (FAQ) system for bidders. This allows the Department to create one central location for bid clarification and information during the bid process and provides equal access to all bidders to bid information. Mayor Wilson thanked Ms. Dye on behalf of the Council and presented her with a certificate and a gold star paper weight. Ms. Dye thanked the Council for this recognition.

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Transportation Division Manager Lisa Bobadilla provided the report. The City Council, at its March 13, 2007 meeting, appointed two members to the Transportation Advisory Committee (TAC). Two TAC vacancies remained unfilled, one general member and one Chamber of Commerce representative.

Cm. Livingstone’s motion to appoint Robert Klingner to the TAC with a term to run through February 2009 was seconded by Cm. Rowley and passed 5-0. Mr. Klingner thanked the Council for this opportunity to serve the City.

(#5.2) Tri-Valley Community Television (TV30) City Representative Appointment to the Board of Directors

Parks and Community Services Director Jeff Eorio noted that the Tri-Valley Community Television Board of Directors (TV30) is changing its Board representation. Formerly, community appointees representing each of the four cities of San Ramon, Dublin, Livermore and Pleasanton and were appointed to the TV30 Board. The current transition plan agreed to by each of the four cities calls for the Mayor of each city to take the place of the appointed representative. This will facilitate a more direct line of communication between the TV30 organization and the Tri-Valley City Councils so that TV30 receives the support and guidance necessary to ensure its long-term sustainability.

Cm. Hudson’s motion to appoint Mayor Wilson to the TV30 Board for a term to run through November 2007 was seconded by Cm. Livingstone and passed 5-0.

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

Pat Boom, representing the San Ramon Historic Foundation, requested that the City Council seriously consider providing funding for the second and final phase of the interior restoration of the David Glass House. Until the Glass House is finished, funds for furnishings from the Dublin San Ramon Women’s Club and the Historic Foundation can not be utilized.

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Vice Mayor Perkins’ motion to approve the March 27, 2007 minutes was seconded by Cm. Hudson and passed 5-0.

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The City Clerk noted that the public hearing date for item 8.13 should be April 24, 2007 as noted on the staff report.

Mayor Wilson requested that item 8.11 be removed from the Consent Calendar and referred to staff for further clarification.

(#8.2) Resolution No. 2007-50 – Adopting Findings to Appropriate Funds in the City’s Child Care, Creek Mitigation, and Traffic Improvement Funds for the Period Ending June 30, 2006.

(#8.3) Resolution No. 2007-51 – Authorizing the Mayor to Execute an Agreement with Biland Construction Company for the Construction of Alamo Creek Box Culvert Headwall Repair at Old Ranch Road Project (CIP 5411) in an Amount Not to Exceed $90,888.

(#8.4) Resolution No. 2007-52 – Authorizing Extended Compensation for Military Reservist Employed by the City of San Ramon who are called to Active Duty.

(#8.5A) Resolution No. 2007-53 – Accepting Certain Landscape and Trail Dedications and Improvements in PA 0007 for Maintenance (Shapell Industries – Monarch at Gale Ranch).

(#8.5B) Resolution No. 2007-54 – Accepting Certain Landscape and Trail Dedications and Improvements in PA 0011 for Maintenance (Shapell Industries – Monarch at Gale Ranch).

(#8.6) Resolution 2007-55 – Authorizing the Mayor to Approve an Expenditure to Dublin Buick, Pontiac, GMC from the Vehicle Replacement Fund in the Amount of $75,902 for the Purchase of Three Replacement Vehicles and from the Dougherty Valley Fund in the Amount of $131,617 for the Purchase of Six New Vehicles for the Public Services Department for a Total Expenditure of $207,519.

(#8.7) Resolution No. 2007-57 – Authorizing the Mayor to Execute Amendment No. 2 to the Existing Agreement with McNevin Cleaning Specialist, Inc. Renewing the Agreement for One Year to Provide Carpet and Upholstery Cleaning Services and Increasing the Scope of Work to Include the New Dougherty Valley High School in a Total Annual Amount Not to Exceed $53,635.

(#8.8) Resolution No 2007-58 – Authorizing the Mayor to Execute Amendment No. 1 to an Existing Agreement with Traffic Limited Inc. to Renew the Term of the Agreement for One Year to provide Roadway Striping and Stenciling Services in an Annual Amount not to Exceed $278,137.

(#8.9) Resolution No. 2007-59 – Amending the City of San Ramon Personnel Rules and Regulations – Chapter 7 - Section 702, Probationary Period for Police Officers.

(#8.10) Minute Order 2007-03 – Authorizing the Purchase of Three Additional Police Vehicles in the Amount of $80,848.

(#8.11) Resolution No. 2007-60 – Authorizing the City Manager to Investigate, Deny, or Approve Claims Against the City in an Amount not to Exceed Five Thousand Dollars.

(#8.12) Resolution No. 2007-61 – Authorizing the Mayor to Execute Amendment No. 2 to the Agreement with Folger Graphics for Printing Services for the 2007 Annual Restaurant Guide in an Amount not to Exceed $15,000.

(#8.13) Introduction of Resolution No. 2007-XX (next in line) – Establishing Fees and Charges for Various Municipal Services for Fiscal Year 2007-08 and Repealing Resolution No. 2006-170.

Cm. Livingstone’s motion to approve consent calendar items 8.1 through 8.10 and items 8.12 and 8.13 was seconded by Cm. Rowley and passed 5-0.

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City Attorney By Athan reviewed the procedures for the public hearing.

Assistant Planner Shinei Tsukamoto provided a review of the application’s background, vicinity map, and applicable California state regulations. Planning staff believes that the traffic analysis methods are appropriate and accurate. The appeal is based on the following issues: the method utilized for traffic impact analysis; limited parking in front of the applicant’s home; the perceived over concentration of Large Family Day Care (LFDC) homes and the potential affect on property value. He reviewed the traffic analysis methods, traffic issues, safety, parking requirements, spacing and concentration. Staff recommends that the Council support the Planning Commission’s resolution and approve the Vaglarova LFDC.

Cm. Livingstone and Cm. Rowley complimented Mr. Tsukamoto on the quality of his presentation. Cm. Rowley questioned how the 300 foot radius was measured. Mr. Tsukamoto responded that the measurement was made from the property lines, not the buildings, located at 31 and 66 Mesa Vista Court.

Jeff Goldman, representing the appellant, spoke for the residents of Mesa Vista Court. He reviewed the residents’ concerns regarding the methodology used in the traffic impact report, safety, parking, over concentration and zoning issues. He used National Highway Traffic Safety Analysis Report to document traffic safety issues. Additional factors affecting safety include driver behavior, residential speed limits, the shape of the court, visibility, and parking. He stated that the 300 foot state radius requirement between LFDC facilities should be interpreted as a minimum and that the City should utilize a larger distance because of the unique situations that exist in this Court.

Reni Vaglarova, the applicant, responded that traffic is not an issue because the drop-off and pick-up times vary over a 90 minute period.

Cm. Livingstone asked her how many children were currently served by her LFDC. She responded that, on average, she has 5 to 7 children and less on Friday.

Cm. Livingstone asked her is she would be willing to compromise on the number of children, for example 10 as a maximum. Ms. Vaglarova responded that she would not.

Mr. Goldman commented that Ms. Vaglarova could not guarantee that the spread of drop-off and pick-up hours would remain as they are now if more children were allowed.

Mayor Wilson opened the public hearing.

Roz Rogoff suggested that the Zoning Ordinance be changed to give the Planning Commission (PC) more flexibility regarding LFDC decisions. She noted that the PC vote was 3-2. In spite of the visibility safety issue, she supports the Vaglarova LFDC.

Maria Djapounova does not believe that parents will speed on this court. She stated that the pictures shown by the appellant were taken on the weekend and do not represent week day situations which is when the Vaglarova day care operates. Although 14 children would be allowed, she estimates that only 12 children would be enrolled. Day care is an important issue in San Ramon. She asked the Council to support the PC’s resolution to allow the Vaglarova LFDC.

Daisy Petrova stated that Ms. Vaglarova is a good neighbor who takes good care of the children in her charge. She supports the LFDC.

Mr. Prasi Gupta, representing The United Child Care Union, supports the LFDC. Fourteen children is the maximum number allowed by law. He noted that Ms. Vaglarova does not have 14 children every day and the traffic patterns would reflect this. He stated that state regulations do not permit Small Family Day Care Homes to be located next door to each other. He urged the neighbors to work together on this issue.

Cm. Hudson asked if there is a state regulation regarding the spacing of family day care facilities. Mr. Gupta replied that there is a location spacing requirement for both small and large day care operations. Cm. Hudson requested a copy of this regulation.

Cm. Livingstone asked Mr. Gupta if he had spoken with the Mesa Vista Court neighbors. Mr. Gupta replied that he had only recently learned of the LFDC issue and did not have the opportunity to speak with the neighbors.

Mayor Wilson asked Mr. Gupta if he had ever supported denying a LFDC request. Mr. Gupta replied that he had not in the past but might if a risk or safety issue existed.

Toma Vaglarski stated that the major concern is drivers exceeding the 25 mph limit. He noted that it is not possible to drive 25 mph on Mesa Vista Court because of the street design. Therefore, street safety will not be an issue. He added that the children play in the back yard so noise will not be a problem.

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Mayor Wilson called for a recess at 8:58 p.m. All members of the Council reconvened at 9:13 p.m.

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Bill Clement urged the Council to retain the residential nature of the neighborhood.

Mayor Wilson closed the public hearing.

Vice Mayor Perkins asked Transportation Specialist PJ Sekhon for the number of pedestrian accidents on residential streets in San Ramon.

Ms. Sekhon responded that, based on Police Department transit accident reports for the period of January 2005 to December 2006, five pedestrian related accidents occurred. Pedestrians were hit by vehicles while in a cross walk on residential streets.

Vice Mayor Perkins questioned the source of the 300 foot radius requirement.

City Attorney Athan responded that the state code establishes the 300 foot requirement but that the City can set a more restrictive zone.

Vice Mayor Perkins asked if cities with a 500 foot code reduces the opportunity for LFDC thus violating the state code.

City Attorney Athan responded that the 300 foot requirement is a minimum and the City can increase this requirement to what it believes is a reasonable requirement.

Vice Mayor Perkins responded that the City can change the 300 foot requirement based on what is reasonable considering safety and other factors. He asked the City’s traffic engineer for the most probable speed for safe handling of a vehicle on a left hand turn like the one that exists on Mesa Vista Court.

Senior Traffic Engineer Phil Agostini stated that 25 mph is the maximum but that this speed must be adjusted for existing conditions such as narrow streets, traffic, weather, parked cars, etc. He added that the Mesa Vista Court corner meets the City’s visibility requirements.

Cm. Rowley expressed concern regarding the configuration of Mesa Vista Court and related safety issues.

Cm. Hudson commented that, theoretically, every home could be a family day care home. He added that the state wants family day care homes in neighborhoods. The issue is what to do when small day care facilities want to become large day care facilities. A key component is the state requirement that day care homes "should be situated in normal residential surroundings". He noted that the City has very little to say on the family day care issue. He believes that having two LFDC homes in a neighborhood of 16 homes creates a commercial rather than residential situation and is over concentration. He does not support a LFDC but does support a small family day care operation at this location.

Vice Mayor Perkins noted that the traffic issues could potentially be real. The City has not previously encountered the kinds of problems that are unique to this situation. A concentration of LFDC facilities may not be in the best interest of children and families. He stated that the Council needs to address this issue in more detail after this appeal.

Mayor Wilson remarked that the decision is not based on the character of the applicant. Each case is different. This appeal will be evaluated on the basis of traffic, the shape of the court, and the configuration of the homes. He requested that the Policy Committee review the pertinent zoning and consider amendments.

Cm. Rowley noted that it is evident that Ms. Vaglarova has been providing quality care for children.

Cm. Livingstone stated that the overriding factor is the design of the court and the location of the day care. He noted that there is only one way in and one way out and that every trip goes by every house in the Court.

Cm. Livingstone’s motion to deny the Vaglarova Large Family Day Care Land Use Permit (LUP 06-500-033) and uphold the appeal was seconded by Vice Mayor Perkins. Mayor Wilson requested a voice vote. The City Clerk conducted the vote and announced that the motion passed 5-0.

Cm. Hudson requested that the Mayor and the City Manager contact the Newport Beach seminar. He stated that the only way to change legislation so that the City can determine its priorities is to do meaningful legislative reform at the state level be getting advocates together to make meaningful changes.

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City Manager Herb Moniz reported that the City Center presentations are progressing as scheduled and that the residents are excited about the project.

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Mayor Wilson thanked the Parks Department staff for providing an excellent "Exciting Eggstravaganza" event on
April 7, 2007. He reminded residents that the San Ramon Farmers’ Market will open on May 5, 2007 at Forest Home Farms. He thanked staff for an excellent Senior Center Expansion Groundbreaking event on April 9, 2007.

There being no further business, Mayor Wilson adjourned the meeting at 9:38 p.m.

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

Approved at the April 24, 2007 City Council meeting, 5-0.