MINUTES OF THE CITY OF SAN RAMON COUNCIL MEETING
JANUARY 12, 1999
A regular meeting
of the City Council of the City of San Ramon was called to order on January
12, 1999 at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino
Ramon, Mayor Athan presiding.
PRESENT: Councilmembers Hudson, Kinney, Raab, Welm and Mayor Athan
ABSENT: None
STAFF PRESENT: City Manager Herb Moniz, City Attorney Bob Saxe, Police
Chief Obie Anderson, Parks and Community Services Director Jeff Eorio,
Transportation Director John Dillon, Public Services Director Jim Estep,
Administrative Services Director Jim Randall, Planning Director Phil Wong,
City Engineer Joye Fukuda and City Clerk Judy Macfarlane
PLEDGE OF ALLEGIANCE
Boy Scouts from Troop 874 led Council, staff and those present in the audience in a pledge of allegiance to the flag.
ANNOUNCEMENTS
Cm. Raab called to the attention of the audience the Channel 30 City Council Live Call-in scheduled on Monday, January 25 at 7:30 p.m.
The City Clerk announced the City of San Ramon had been designated as a Passport Acceptance Agency and asked the audience to call the City Clerk's office if they had questions or to set up an appointment.
SPECIAL PRESENTATIONS
Robin Bedell-Waite, Contra Costa Green Business Program Coordinator, Contra Costa County Health Services Department, introduced representatives from Pioneer Auto Service and Valley Import Center, San Ramon businesses that had participated in the Contra Costa Green Business Program.
Mayor Athan congratulated the business representatives and gave them proclamations recognizing their achievements.
The Police Chief introduced Office Walter Holtz and said he had been chosen as the 1998 Officer of the Year.
Mayor Athan read a proclamation recognizing Officer Holtz for his outstanding service to the citizens of San Ramon.
CITY COUNCIL APPOINTMENTS
Mayor Athan said John Hyun had been recommended by the San Ramon Chamber of Commerce to serve as its representative to the City's Environmental Affairs Advisory Committee.
Cm. Welm's motion to appoint Mr. Hyun to the Environmental Affairs Committee was seconded by Cm. Raab and passed 5-0.
Mayor Athan said an application had been received from Gerald Cole expressing interest in serving as San Ramon's representative to the County Connection's Citizens's Advisory Committee.
Cm. Athan's motion to approve the appointment of Mr. Cole was seconded by Cm. Raab and passed 5-0.
PUBLIC COMMENT
Michael Sipos said he was also very appreciate of Officer Holtz and the service he provides to the City and its residents.
Patricia Boom, 2567 Shadow Mountain Drive, asked Council to agendize, for a future meeting, a review of the City's Smoking Ordinance and a discussion of inclusion of tobacco free youth concepts. She said there were a number of youth in San Ramon who were very concerned about this issue and would like to be involved.
Jim Blickenstaff, 2410 Talavera Drive, Sierra Club, talked about a letter he had written to the newspaper regarding the Thomas Ranch and the Sierra Club's litigation on Thomas Ranch. He talked about Cm. Hudson's response to his letter and said he would like to clear up some misconceptions regarding these issues.
APPROVAL OF MINUTES
Cm. Raab's motion to approve the minutes of the December 8, 1998 meeting was seconded by Cm. Welm and passed 5-0.
Cm. Kinney's motion to approve the minutes of the December 22, 1998 meeting was seconded by Cm. Raab and passed 4-0-1 (Cm. Hudson abstained - he was not present at that meeting).
CONSENT CALENDAR
Cm. Welm asked to remove item 8.4, TSM Committee By-laws, for discussion.
Cm. Kinney's motion to approve the following Consent Calendar was seconded by Cm. Welm and passed 5-0.
FINANCE Register of Demands dated December 4, 11, 18 and 24, 1998 in the amount of $1,240,150.69
RESOLUTION NO. 99-01
SAN RAMON VALLEY BLVD LANDSCAPINGAUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TAKEHARA LANDSCAPE, INC. FOR LANDSCAPING OF SAN RAMON VALLEY BOULEVARD MEDIAN AND EAST ROADSIDE (SOUTH OF TALAVERA DRIVE TO HOMESTEAD VILLAGE - CIP 8342) FOR AN AMOUNT OF $146,200
RESOLUTION NO. 99-02
TREVARI-WEST BRANCH SUBDIVISION 7951ACCEPTING CERTAIN ROAD AND STORM DRAIN IMPROVEMENTS CONSTRUCTED IN SUBDIVISION 7951 AS COMPLETE AND FOR MAINTENANCE (SHAPELL INDUSTRIES/TREVARI-WEST BRANCH)
RESOLUTION NO. 99-07
TDA FUNDS BICYCLE FACILITIESAUTHORIZING THE CITY ENGINEER TO FILE A CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR THE INSTALLATION OF PEDESTRIAN AND BICYCLE FACILITIES IN THE CITY OF SAN RAMON
SMOKING ORDINANCE
The City Attorney introduced a public hearing on an ordinance that would amend the City's Municipal Code relating to smoking. He said the amended ordinance would prohibit smoking within and for a reasonable distance of not less than 50 feet surrounding tot lots where playground equipment has been installed for public use by children and additionally that use of tobacco products of any kind would be prohibited within those areas.
No one spoke during the public hearing.
Cm. Kinney's motion to adopt the ordinance relating to smoking and waive the reading was seconded by Cm. Raab and passed 5-0.
ORDINANCE NO. 307
AMENDING PROVISIONS OF THE MUNICIPAL CODE RELATING TO SMOKING (DIVISION B-6, SECTIONS B6-71 AND B6-73)
RESIDENTIAL PERMIT PARKING
Mayor Athan said staff had requested that Resolution No. 99-03 Endorsing California High School Permit Criteria and Designating a Portion of Newport Avenue as Permit Parking Area "F" and Restrict Parking Thereon be continued to the January 26, 1999 Council meeting.
Cm. Welm's motion to continue Resolution No. 99-03 to January 26 was seconded by Cm. Hudson and passed 5-0.
ORDINANCE LASER POINTERS
The City Attorney introduced an ordinance that would regulate the use, sale and possession of laser pointers in the City of San Ramon. He said he had received background information from other jurisdictions about the problem and steps they had taken in dealing with the problem. He said under the current state law there are two incidences in which laser beams from pointers are prohibited, directing a laser beam to an aircraft in flight and directing a beam attached to a firearm on individuals. He said the proposed ordinance would prohibit the possession of a laser by a minor, an individual under 18, unless that individual possessing the pointer was under the direct supervision of a parent or another adult that was authorized to exercise supervision of the child. He said he had added to the ordinance for the Council's consideration the prohibition against anyone, minor or adult, the intentional focusing or directing the beam from the laser pointer into the eyes of another.
Mayor Athan discussed articles he had printed from the internet regarding problems caused by laser pointers.
Cm. Raab said he would like to add verbiage regarding directing laser beams into moving vehicles. He said he would also like to have the Council make a unanimous motion to ask the County to study the laser pointer problem for a possible ban.
Mayor Athan confirmed the ordinance would read "directly or indirectly into the eyes of another person or a moving vehicle".
Cm. Raab's motion to introduce the ordinance as amended and set the public hearing for January 26, 1999 was seconded by Cm. Hudson and passed 5-0.
CABLE TELEVISION FRANCHISE
The Parks and Community Services Director introduced a public hearing for a resolution authorizing the change of control of the Cable Television Franchise from Telecommunications, Inc. (TCI) to the AT&T Corporation. He said a consultant hired by the cities of Livermore, Pleasanton, Dublin and San Ramon had reviewed the proposed change of control, looking at issues including qualifications, compliance and impact on subscribers and could find no reasons why the transfer should not take place at this time.
Mayor Athan asked that the Council's Internal Operations Committee be kept informed as to what was happening in the franchise review process.
No one spoke during the public hearing.
Cm. Kinney's motion to approve the resolution authorizing the change of control and the four recommendations in the staff report was seconded by Cm. Raab and passed 5-0.
RESOLUTION NO. 99-08
AUTHORIZING A CHANGE OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM TELECOMMUNICATIONS, INC. (TCI) TO AT&T
TSM COMMITTEE BY-LAWS
Cm. Welm said he was concerned with the absentee policy listed in the proposed changes to the Transportation Systems Management Committee by-laws. He asked why the standard policy established for all committees was being changed? He asked that the wording "non excused" be deleted when referring to absences.
Cm. Hudson asked why the number of absences was being changed from three to two?
The Transportation Director said it was the intent to acknowledge the fact that the committee met quarterly and not monthly as most of the City committees do.
Mayor Athan said an excused absence was one in which the chair of the committee feels that there is an excuse that is reasonable for the person not attending. He said if a Councilmember misses three scheduled regular meetings unexcused that would be grounds for dismissal.
Cm. Welm's motion to approve the resolution amending the by-laws with the change was seconded by Cm. Kinney and passed 5-0.
RESOLUTION NO. 99-06
AMENDING TRANSPORTATION SYSTEMS MANAGEMENT (TSM) COMMITTEE BY-LAWS
MAYORS' CONFERENCE
Mayor Athan said the big item discussed at the January 7, 1999 Mayors' Conference was inter-county relations in which the city managers of the 19 cities and the county executive were trying to globally come up with a solution to the problems of the county which include affordable housing and traffic.
IRON HORSE SCHOOL GYM
The City Manager said the City was moving forward with the school district in creating a dual project that included the Iron Horse School gym and a gymnasium at Pine Valley School. He said at present the funding for both facilities was a bit short. He said the Iron Horse School gymnasium will move forward on schedule as presented, but the future of the Pine Valley School gym was uncertain because of the funding.
Cm. Welm asked if the master plan for the Pine Valley site had been accomplished.
The City Manager said that had not been accomplished but that was one of the issues, which included the site preparation, location, and what was going to be done with the facility and parking.
Cm. Raab asked what would the time delay be?
The City Manager said at this point there may be no delay.
Cm. Hudson said we are not talking about doing Iron Horse now and Pine Valley at a later date, we are just trying to work out the details on how it would be done.
The City Manager responded yes and said the worst case scenario would be that staff would come back to Council with the funding short fall asking what they would like negotiated with the school district.
Cm. Kinney confirmed the City Manager said the Iron Horse project was going forward and the Pine Valley project may be postponed.
Mayor Athan asked that the Internal Operations Committee be apprised before any cuts are approved.
The City Manager said the plan of action will be brought to the Finance Committee, the Internal Operations Committee and the full Council.
There being no further business to come before the City, at 8:33 p.m. Mayor Athan adjourned the meeting in memory of Dublin police officer John Monego and Councilmember Hudson's father, Earl Hudson.
Byron D.
Athan, Mayor
Judy Macfarlane, City
Clerk
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