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PLEDGE OF ALLEGIANCE

Cm. Hudson led Council, staff and those present in the audience in a pledge of allegiance to the flag.

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After calling the meeting to order, Mayor Kinney said the Council had met in closed session regarding the City Manager’s Personnel Evaluation Review – Government Code 54957.

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The City Manager said the General Plan Review subcommittee scheduled for April 13 had been rescheduled to April 27 at 7:00 p.m. in the City offices.

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Mayor Kinney read a proclamation declaring April 9-15, 2000 as Volunteer Appreciation Week.

Mary Ann Wilkman, Volunteer Coordinator, introduced San Ramon City Lights Volunteers: Kay Cooper, Sarah Wood, Lorraine Davies and Debbie Peaslee.

Gordon Holmdahl, San Ramon Senior Center Foundation President, presented a check in the amount of $25,000 to Mayor Kinney for the Senior Center Park and Gardens Project.

Mayor Kinney read a proclamation thanking the Senior Center Foundation for its generous gift. He also asked the members of the Foundation that were in the audience to stand up and be recognized.

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The Transportation Director said at the March 28 meeting staff had been directed to solicit a nominee from the Planning Commission and the Transportation Advisory Committee to be appointed to a two-year term on the Citizens’ Advisory Committee of the Contra Costa Transportation Authority (CCTA). He said the Transportation Committee’s nominee was Dan Alex and the nominee from the Planning Commission was Jim Livingstone.

By Council ballot Dan Alex was selected to represent San Ramon on the Citizens’ Advisory Committee of the CCTA.

Cm. Raab’s motion to appoint Mr. Alex was seconded by Cm. Tatarka and passed 5-0.

The Transportation Director said former Mayor and Councilmember Pat Boom has been serving as San Ramon’s representative on the County Connection Board of Directors and her term expires May 1, 2000. He said she was currently Chair of the Board and her term as Chair runs through September. He also said Mayor Kinney has been serving as the alternate to the Board. He asked the Council to appoint a member and alternate to the County Connection Board.

Mayor Kinney said Ms. Boom had served a long time on the Board and he did not feel it would be fair to take her out of the chairmanship in the middle of her term. He said he would like to see her at least finish her time on the Board as Chair.

Cm. Raab said he felt the Council should extend Ms. Boom’s term to September at least.

Cm. Hudson said he would like to see Ms. Boom’s term extended for a full two years.

Cm. Wilson said he felt Ms. Boom knows the needs, wants and desires of the residents of San Ramon and has served admirably and he would like to see her appointed for two years.

Ms. Boom said she would be honored to continue representing San Ramon on the County Connection Board of Directors.

Cm. Hudson’s motion to appoint Ms. Boom to a two-year term on the County Connection Board of Directors was seconded by Cm. Wilson and passed 5-0.

Cm. Hudson’s motion to appoint Mayor Kinney as the alternate to the Board was seconded by Cm. Raab and passed 5-0.

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Lyn Kalinowski, spoke about problems that the neighbors were having with the Thomas Ranch development. She said their neighborhood had turned into a construction zone and a lumberyard. She asked if there were any City codes or regulations, which designate how close construction supplies, trucks and lumber could be stored next to homes. She also asked if there were height limits of how high materials can be stored adjacent to homes.

The City Manager said he and the City’s Neighborhood Preservation Officer would meet and check on the codes and get back to her within a 24-hour period.

Linda Wilgus, representing Crow Canyon Institute, invited Council and the audience to the Institute’s Spring Festival on May 6 at Crow Canyon Gardens.

Peter Frech, said he would like to alert the Council and residents about two issues that may be of interest to the City; 1) the Public Utilities Commission ruling relating to the existing congressional program of overhead power lines to underground power lines and, 2) PG&E’s Tri-Valley upgrade. He urged the City to attend the upcoming public meetings regarding these issues.

Mayor Kinney said the City would send a representative to both of the meetings.

Christa Freihofner, said San Ramon and surrounding communities have taken responsibility for the needed PG&E updates to their cities, whereas Livermore and Pleasanton want other routes and some of the proposed routes lead to San Ramon. She said San Ramon’s substations should be for San Ramon’s needs and not a dumping ground for other cities needs. She continued to say Livermore and Pleasanton have their own substations and that is where those cities should expand.

She recommended City representatives attend the public hearings in May to address San Ramon’s concerns.

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APPROVAL OF MINUTES

Cm. Raab’s motion to approve the minutes of the March 28, 2000 meeting was seconded by Cm. Tatarka and passed 5-0.

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Hudson’s motion to approve the following Consent Calendar was seconded by Cm. Raab and passed 5-0.

FINANCE   

Register of Demands dated March 20, 28, 31 and April 7 in the amount of $505,788.16

ESTABLISHING A RATE OF $28 PER EQUIVALENT RUNOFF UNIT FOR FY 2000-2001 FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PROGRAM AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT

RESOLUTION NO. 2000-56

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (1998-2003)

RESOLUTION NO. 2000-57

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN RAMON

RESOLUTION NO. 2000-59

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NEW SPRAYER TECHNOLOGY COMPANY FOR PURCHASE AND INSTALLATION OF A COMPUTER CONTROLLED INJECTION SPRAY SYSTEM IN AN AMOUNT NOT TO EXCEED $34,422

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CLEARY BROTHERS LANDSCAPE, INC. FOR CONSTRUCTION OF PHASE I OF THE CROW CANYON ROAD NORTH FRONTAGE LANDSCAPE PROJECT – CROW CANYON ROAD TO NORRIS CANYON ROAD (CIP 8346) IN THE AMOUNT OF $340,347

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TRUANCY IN SAN RAMON

The Police Chief introduced Dan Douglas, Community Resource Officer and David O’Brien, School Resource Officer and said they would make a presentation on truancy in San Ramon. 

Officers Douglas and O’Brien gave an overview of truancy as defined by the California Education Code and discussed discipline and citation issues.

Cm. Wilson said the contact by the officers was positive not negative and it was being done because they care about the residents and the students. He said it is a win-win situation for everyone. He continued to say our children are being educated as well as protecting the community.

Cm. Tatarka thanked the officers for making the Council and public aware of what was being done in a positive way to solve the truancy problem in San Ramon.

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EBMUD SOUTHERN LOOP PIPELINE PROJECT

The City Engineer introduced a resolution approving an agreement between the City and EBMUD regarding the Southern Loop Pipeline Project, the Crow Canyon Overlay Project and the Deerwood Road Project. She said due to timing the City did not want to have its newly constructed roads dug up by EBMUD because they were coming at a later date than the City’s road projects. She said an agreement had been worked out whereby EBMUD would reimburse the City for installing a portion of the southern loop pipeline project as part of the Crow Canyon Overlay project and delaying the final overlay paving for the Deerwood Road project. She said this item had been reviewed by the Finance Committee from the standpoint of the concept of EBMUD reimbursing for costs, including staff costs that the City would incur for these two items. It was the Finance Committee’s comment, in remembering the presentation by EBMUD, that there was much support for EBMUD having a generator placed along Crow Canyon Road in the event of a seismic occurrence having it there before hand so that they would not have to maneuver a generator over a disrupted road in order to resume water supply pumping for potable water.

Mayor Kinney said this issue was not about the Southern Loop Pipeline it was about allowing EBMUD to place a line under Crow Canyon Road before it is surfaced.

The City Engineer said at the time of the Southern Loop Pipeline presentation EBMUD said they were proceeding with the pipeline design but that they were going to do a recirculated EIR for further review.

Mayor Kinney said at the presentation EBMUD discussed moving a generator down Crow Canyon Road somewhere into Alameda County to pump water back into San Ramon in case of an emergency and at that time Cm. Raab had had some concerns about where that generator would be placed, whether it would be portable and whether it would be two generators not one. He said it was his understanding that it would come from the south end of Crow Canyon, the Alameda County side, not the north end and said if that is the case why was the City concerned about the pipeline going down its new road.

Cm. Raab said he had stated during EBMUD’s presentation when the two sites were discussed that if there was a seismic failure and they would have to get two generators into the site, he would like to see permanent generators located on the sites that would be part of the overall pipeline project.

Mayor Kinney confirmed the City was not approving any kind of encroachment permit for EBMUD at this time and allowing them to put the pipeline in the City would be giving them implied consent. He said he had a lot of questions regarding the southern loop and therefore a lot of questions regarding the agreement. He said he felt the southern loop was a scam on San Ramon and he asked the Council to delay approving the agreement.

No one from the audience spoke.

Cm. Wilson said, giving EBMUD’s history and performance, he was dubious about allowing them to do anything without clarification. He said the more information the Council receives, the better informed they would be and he would like to see the facts before committing the City to anything.

Cm. Hudson said while he could support the resolution as written, what Mayor Kinney was asking was to have EBMUD come back with all of the information including that about the generators. He said he would like EBMUD to answer Mayor Kinney’s questions before they come back before Council.

Cm. Raab asked if the resolution is delayed what kind of delays would be created for the City on the Crow Canyon Road Improvement Project.

The City Engineer said the Crow Canyon Road Improvement project was currently out to bid with the bid opening scheduled for April 13 and therefore scheduling EBMUD to come back and address the Council would fit with the City’s schedule.

Cm. Tatarka agreed EBMUD should answer all of the questions that were asked at their last Council presentation as long as it would not cause any delays.

Mayor Kinney said he did not want EBMUD to put the pipeline in the ground and then come to the Council with the anticipation that the project was automatically approved. He said he was willing to meet with the Redevelopment Chair, staff and EBMUD before EBMUD came back before Council with their presentation so that there were satisfactory answers to the questions.

Cm. Hudson’s motion to continue the item until staff and the Redevelopment Chair had had an opportunity to meet with EBMUD was seconded by Cm. Raab and passed 5-0.

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LEVELS OF SERVICE FY 2000-01

The Administrative Services Director introduced FY 2000-01 Proposed Work Program and Levels of Service and asked the Council to review and give staff direction as to what information they would like to see included when the FY 2000-01 budget is prepared. He said the department heads had made an extensive review of the current service levels and the consensus among the departments was they wanted to spend the next year consolidating the gains of the last couple of years. He said staff also plans to become interactive with the citizens through the City’s web site and the Parks and Community Services class registration program. He said the most significant item as far as new service enhancements that would affect almost all of the departments, was the addition of the Dougherty Valley. He said in addition to the 26 acres in Dougherty Valley that would be added for maintenance by the Public Services Department under the landscaping and lighting program there were an additional 25 acres in 14 locations around the City. He said as a result of that, staff was anticipating the reinstatement of the $59 citywide landscaping and lighting assessment in the coming year’s budget.

The City Manager said when the Council had concluded its questions and comments, the Program of Services would be formatted and dollar figures added for review by the Finance Committee and the second presentation to the full Council.

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SMALL BUSINESS RELOCATION PROGRAM

The Economic Development Manager introduced a proposal for a small Business Re-Location Assistance Program. She said consideration of the program began in January when it was proposed at a City Council meeting that the City do something to help the City’s small businesses in the Country Faire Shopping Center. She said the proposal went through several iterations with the Finance Committee and before the Council was the recommendation of one of the two members of the Committee. She said the proposed program would set up a revolving fund of $125,000 where an individual business could be loaned a maximum of $50,000 for relocation to a site within the City limits of San Ramon. She continued to say the maximum loan term would be for 10 years and the rate of interest would be the current investment rate of the City at the time of the loan plus 1%. The loan decisions would be made by a committee made up of two small business owners, a member of the Economic Development Advisory Committee and two commercial lenders. Collateral would be required to secure the loan and they would be for private for-profit small firms located in San Ramon forced to relocate due to circumstances beyond the control of the business. He said the business must demonstrate there was no other source of funds for the purpose available.

Cm. Tatarka asked what cities had been used to make comparisons with what is offered.

The Economic Development Manager said a few counties and cities had programs. She said she had reviewed in the general area which cities had loan programs and what those programs consisted of. She said some cities offer matching grants for businesses that improve facades in a particular area that they are trying to bring up to code. She said some cities have a more expansive loan program with a board similar to the one proposed in the report that offer loans to small businesses that need them. She said the Small Business Administration also has an extensive loan program.

Cm. Tatarka asked if there were any cities close by that were used for comparison or was this proposed San Ramon program unique.

The Economic Development Manager said the program was tailored to San Ramon after discussions with the Finance Committee as to what they felt was appropriate for the City and it was fairly unique.

Cm. Wilson said he would like to hear from the Finance Committee. He asked didn’t the City of San Jose have a similar program.

The Economic Development Manager said the City of San Jose has a more extensive loan program where they give loans to small businesses for business needs other than relocation.

In response to questions, the Economic Development Manager confirmed the $30,000 to $50,000 figure listed in the staff report would only cover the program start up costs.

The Economic Development Manager said because the program is so limited and is only involved with relocation that unless there is a major disaster it should not take much staff time.

No one from the audience spoke.

Cm. Raab said the idea of the program originated with the Country Faire Shopping Center merchants. He said the Center’s zoning was changed from commercial to residential and the businesses were forced to relocate due to circumstances beyond their control. He said many of the businesses had been there since the Center has been in existence. He said at that time he had asked for some kind of assistance for the businesses and staff had been directed to research what other cities were doing. He said this was a way to help a small business person try and stay in San Ramon and still be part of the community. He said the request came from a number of business owners at the shopping center asking for some kind of help from the City since in effect the City’s administrative actions in changing the zoning had created this need. He said he liked the program and the listed criteria.

Cm. Hudson said, after a lot of review, he felt the proposed program would serve the purpose of what the City was trying to do. He said the loan program would compete with other lending agencies, it would be a higher risk and it would be a time consuming endeavor to establish the program. He also said he felt the City would be staffing a program that logically would never provide a service to a viable business capable of meeting the established criteria. He said he felt the City could do a better job if it just used the redevelopment agency whenever possible in moving a business in the future and not just at Country Faire. He said he believed the City would spend $30,000 to $50,000 to set up the program and never use it and that is why he opposed the program.

Cm. Raab said the problem with going through redevelopment was that the businesses would have to be relocated in redevelopment and that is very limited and tight right now. He said that would mean we would be excluding the vast majority of the City from relocating. He asked if there had been an opportunity to establish a list of businesses that were still looking for help.

The Economic Development Manager said one business that would like to have relocation assistance from the City was unfortunately moving to Dublin. She said most of the businesses in the Country Faire Center had relocated.

Cm. Hudson said if the program was approved it could not be used on the people that it was originally intended for and that was why he was against it.

Cm. Tatarka said very few of the businesses that had relocated, had not been able to relocate in San Ramon and that was a shame. She said this is a unique program and she felt it was needed. She continued to say we don’t know when there will be another possibility of a small business need. She said by implementing this program it tells the small businesses the City cares about them and we want to keep them in the community.

Cm. Raab said the City spent over $84,000 to help support the Tri-Valley Convention and Visitors Bureau and he felt it was time the City put some money into letting small businesses in San Ramon know that we care about them and when circumstances come up beyond their control, business wise, that the City is trying to help in some way.

Cm. Hudson said if the county has a program similar to this, the City would be competing with the County. He said there are programs out there along the same lines that would work. He said if none of the other programs work for a business, what the City of San Ramon has set up as criteria was so difficult he could not conceive of anyone ever using the program.

Mayor Kinney talked about other businesses in the City that had been forced to leave for reasons beyond their control and said the City had not helped them. He said there were some inherent problems with the program.

Cm. Raab said this would be a way to attract small businesses to San Ramon by letting them know the City cares about them.

Cm. Wilson raised a concern about whether or not San Ramon wanted to get in the small loan business and the potential liability it could cause the City. He said he was concerned about the possibility of the program mushrooming into a full time position or full time department just to administer the program. He said the concept was important but the proposal was too vague.

Cm. Raab said he did not feel the program was vague, stating there were established limits.

Cm. Raab’s motion to proceed with the small business relocation assistance program was seconded by Cm. Tatarka.

Cm. Wilson said he felt the program was vital but he felt there should be more study before it was approved.

Mayor Kinney said at the last Mayors’ Conference there had been a presentation regarding small business loans at the county level, which would probably take care of this issue.

The motion was defeated on a 2-3 vote (Cms. Hudson, Wilson and Mayor Kinney dissenting).

Cm. Hudson said the more he looked at the issue the more he felt that staff should have been using the programs that were out there instead of the City starting something that we would never be able to use. He recommended using the County program for small businesses and whatever else is available and when people come to the City for assistance that we utilize the tools that we have.

Cm. Raab said the Council has been shown that there were cities doing something very similar to the program proposed for San Ramon. He said we talk about local control in San Ramon and this was the City’s opportunity to have local control and help our small businesses rather than turning it over to the County.

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CENTRAL SAN SEWER PROJECT

Mayor Kinney said he had a meeting last week with the Central Contra Costa Sanitary District regarding the tunnel project going down Estero. He said at that meeting the District gave him a long laundry list of things they would be willing to do. He said there were still two proposals on the table besides Estero, the PG&E right-of-way and a proposal from the Dublin San Ramon Services District to run the sewer line from Dougherty Valley down Dougherty Road close to the recycling plant in Dublin and to build a pump station and pump it back north from there. He said they were meeting with DSRSD and Central San to discuss these and other options that may be on the table. He said the developer’s preferred route was two pumping stations in Dougherty Valley and then out Crow Canyon and Bollinger Canyon Roads. He said Central San had not submitted the answers to all of the questions asked by Cm. Hudson at the last meeting but they were expected to have them by April 17. He said if anything comes out of the April 17 meeting with Central San he would be happy to meet with the residents. He said this item has tentatively been scheduled to be heard again by the Council on April 25 and that meeting would be held at a facility big enough to accommodate a large crowd.

Cm. Raab said he did not feel the Council had come to any kind of consensus at the last meeting as to what as a body they wanted to see. He said he would like to see an option that didn’t go down Estero, didn’t go down the PG&E right-of-way, but to take it out through Dougherty Valley or the DSRSD route. He asked the City Attorney if the Council should give direction to the Mayor at this point.

The City Attorney said probably the reason that didn’t happen at the last meeting was because there were so many unanswered questions. He said in the absence of all of that information it is difficult to say anything more than you want to be satisfied that all the options are ruled out before you get closer to anything coming this way.

Cm. Tatarka confirmed at the April 25 Council meeting Central San would answer all of the questions, study the other options and discuss the alternatives.

Cm. Wilson confirmed that Central San was aware the Council’s number one alternative was the Dougherty Valley option.

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MAYORS’ CONFERENCE

Mayor Kinney said, as previously discussed, at the April 6 Mayors’ Conference there was a presentation on a loan program established by the Small Business Administration in conjunction with the Federal Government. He said a discussion was also held regarding the lawsuit by the refineries to recover some of their property taxes and the effect it would have on the cities.

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NEW DEVELOPMENT SIGNS IN PUBLIC RIGHT-OF-WAY

Cm. Raab talked about signs advertising new development put up by developers in the public right-of-way. He said staff had sent out letters requesting them not to put signs in public right-of ways with maps showing where they are. He recommended investigating a policy where staff removes all of the signs in the right-of-ways and for the developers to get them back they have to pay or they don’t get them back.

The Neighborhood Preservation Inspector said he worked every other Saturday and alternate Sundays due to the sign issue problem. He said residential sign permit and commercial sign permit issues were covered in the Planning brochures. He said to-date this year 28 real estate signs had been removed from the City right-of-way. He said there is a $5 pick up fee for the first offense and there is a 30 day period in which to pick up the signs. He said close to 300 signs had been removed in the last election and a minimum of 50 garage sale signs were being removed each day.

Cm. Raab said maybe we need to put some teeth in the $5 fine because it wasn’t much and maybe we should keep the signs permanently. He recommended directing staff to look into increasing the first offense to $25 with the second offense at $100.

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SWAT

Cm. Hudson said at the last Southwest Area Transportation Committee meeting they elected officers and he was now a representative to the Arterial and Freeway Ramp Metering Study Policy Committee. He also said SB 2017, regarding moving away local control and where the sales tax dollars will go, was also discussed.

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There being no further business to come before the City, at 9:45 p.m. the meeting adjourned.

Curt Kinney, Mayor
Judy Macfarlane, City Clerk