A regular meeting of the City Council of the City of San Ramon was called to order on May 9, 2000 at 7:30 p.m. in the Council Chambers at City Hall, 2222 Camino Ramon, Mayor Kinney presiding.
PRESENT: Councilmembers Hudson, Raab, Tatarka, Wilson and Mayor Kinney
ABSENT: None
STAFF PRESENT: City Manager Herb Moniz, City Attorney Bob Saxe, Police Chief Obie Anderson, Parks and Community Services Director Jeff Eorio, Planning Director Phil Wong, City Engineer Joye Fukuda, Transportation Director John Dillon, Public Services Director Jim Estep and City Clerk Judy Macfarlane

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

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Mayor Kinney introduced Officer Dan Douglas and said he was the recipient of a Contra Costa County Board of Supervisors "People Make a Difference" Award.

Joyce Gunn, San Ramon Branch Librarian, introduced Kathy Marzec, the City’s new Youth Services Librarian.

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Robin Ludlow said at the April 25 meeting, when the Council had approved the donation to the Discovery Center, they had stated they would accept similar requests from other San Ramon non-profit organizations. She said she had worked on fund raising at Country Club School for the Rainbow Project, and knew first hand of the work they do for the community and the children and was well aware of the project’s needs.

Sue Davis, Rainbow Project Coordinator for the San Ramon Valley Unified School District, described the Project as an early intervention or primary prevention type of mental health program focusing on the lower elementary grades and children that are mildly at risk and showing some adjustment difficulties at school. She said the
Rainbow Project was a very cost effective program that uses a model where paraprofessionals, supervised and trained by professionals, provide direct service to the children. She said the program exists at four schools in the District, three of which are in San Ramon.

Cm. Raab recommended they submit a formal request to the Finance Committee on behalf of the Rainbow Project. He continued to say the Finance Committee’s recommendation on the request would go to the Council and a public hearing would be held.

Cm. Hudson recommended representatives of the Rainbow Project approach the Youth Safety Advisory Committee with their request for funding.

Donna Kerger, Chair of the General Plan Review Commission, encouraged the public to attend the next full commission meeting on May 17 at 7:00 p.m. at the Senior Center.

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Cm. Raab’s motion to approve the minutes of the April 25, 2000 meeting was seconded by Cm. Hudson and passed 4-0-1 (Cm. Wilson abstained – he was not present at the April 25 meeting).

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Mayor Kinney removed item 8.12, approving termination of the agreement with CLD Construction for the construction of the Central Park Skateboard Facility Project, and said it would be continued to a future meeting.

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

FINANCE Register of Demands dated April 12, 21, 24, 27 and May 5 in the amount of $1,067,790.70

RESOLUTION NO. 2000-58

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CLEARY BROS. LANDSCAPE CONSTRUCTION FOR THE ALCOSTA COMMUNITY PARK CANINE FACILITY (CIP 8272) IN THE AMOUNT OF $32,310

APPROVING FY 2000-01 ENGINEER’S REPORT, ADOPTING A RESOLUTION OF INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FY 2000/01 AND SETTING A PUBLIC HEARING FOR MAY 23, 2000 – LANDSCAPING AND LIGHTING DISTRICT 1984-1

AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH ZUMWALT ENGINEERING GROUP FOR ADDITIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE CROW CANYON ROAD OVERLAY IMPROVEMENTS PROJECT (CIP 7136) IN THE AMOUNT OF $11,500

AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH ZUMWALT ENGINEERING GROUP FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE SAN RAMON VALLEY BOULEVARD OVERLAY PROJECT (CIP 7137) IN THE AMOUNT OF $3,000

DENYING CONSENT TO UTILIZE ESTERO DRIVE AND MANGOS DRIVE FOR INSTALLATION OF A TRUNK SEWER LINE SERVING NEW DEVELOPMENT IN DOUGHERTY VALLEY

RESOLUTION NO. 2000-72

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HARZA ENGINEERING COMPANY FOR GEOTECHNICAL CONSULTANT SERVICES FOR THE PERIOD BETWEEN JULY 1, 2000 TO JUNE 30, 2002 IN AN AMOUNT NOT TO EXCEED $40,000

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HARZA ENGINEERING COMPANY FOR MATERIALS TESTING AND CONSTRUCTION INSPECTION SERVICES FOR THE PERIOD BETWEEN JULY 1, 2000 TO JUNE 30, 2002 IN AN AMOUNT NOT TO EXCEED $250,000

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MARK THOMAS & COMPANY, INC. FOR SURVEYING AND ENGINEERING DRAFTING SERVICES FOR THE PERIOD BETWEEN JULY 1, 2000 TO JUNE 30, 2002 IN AN AMOUNT NOT TO EXCEED $350,000

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ENGEO, INC., FOR GEOTECHNICAL CONSULTANT SERVICES FOR THE PERIOD BETWEEN JULY 1, 2000 TO JUNE 30, 2002 IN AN AMOUNT NOT TO EXCEED $300,000

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SPOSETO ENGINEERING, INC., FOR CONSTRUCTION OF THE FY 2000/2001 CURB, GUTTER AND SIDEWALK REPAIR PROJECT (CIP 8624) AND FOR MISCELLANEOUS CONCRETE WORK FOR PLANNED CITY CAPITAL IMPROVEMENT PROJECTS BETWEEN JULY 2000 AND JUNE 2001 IN AN AMOUNT NOT TO EXCEED $100,000

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH IKON BUSINESS INFORMATION SYSTEMS FOR A DOCUMENT MANAGEMENT SYSTEM (DMS) IN THE AMOUNT OF $55,560

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING COMPENSATION, TERMS AND CONDITIONS OF EMPLOYMENT OF THE CITY MANAGER

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UNDERGROUND UTILITY DISTRICT NO. 10 - SAN RAMON VALLEY BOULEVARD

Set May 23, 2000 as public hearing date for the establishment of Underground Utility District No. 10  San Ramon Valley Boulevard from approximately 920 feet  south of Harness Drive to approximately 450 feet south of Morgan Drive (CIP 8642), San Ramon Valley Boulevard from approximately 370 feet north of Crow Canyon Road to approximately 300 feet south of Deerwood Road (CIP 8612), and Crow Canyon Road from Crow Canyon Place to approximately 480 feet east of Camino Ramon (CIP 7127)

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SKATEBOARD PARK SURVEILLANCE 

The Parks and Community Services Director introduced a discussion regarding options for placement of surveillance cameras at the San Ramon Skateboard Park in Central Park.

He summarized three options as outlined in the staff report and told about what each provided in terms of surveillance cameras. He said the report also talked about the two existing cameras in Central Park and Athan Downs and their impact on vandalism since the cameras were installed in the fall of 1988. He said there was signage posted advising people and the public that surveillance cameras were in use and that monitoring was done on a scheduled basis during hours of concern.

Mayor Kinney confirmed there had not been any arrests based on surveillance tapes at either location.

No one spoke during the public hearing.

Cm. Hudson said putting up a camera, especially after a case of violence in which the camera would not have made a difference, was not the kind of precedence he would like to follow. He said the skateboard park was initially set up to be self policing and for the City to immediately start taking action was the wrong thing to do. He said rather than addressing this piecemeal, the City as a whole should be considered. He said he felt that if a camera had been in place at the time of the incident, it would not have served any purpose or changed anything.

Cm. Raab said the surveillance camera was not just for the skateboard park, it would cover in and around the area of the skateboard park too. He said another reason for having a camera around the skateboard park with a monitor was because a lot of times the park was not staffed and it would strongly encourage people to obey the helmet law. He said if the helmet law was not being obeyed there were two things the City might have to do, increase staff time at the site or close the park. He said having signs posted that say the area is being monitored by video surveillance does help to deter vandalism. He said the San Ramon police officers he had talked with regarding this issue were in favor of surveillance cameras. He said he would also recommend looking at the aquatic center as a site for cameras.

Cm. Wilson said rather than installing cameras he recommended teaching children self-control, pride and self-respect and letting them know they are responsible for their behavior. He said the camera proposal was a reaction to an isolated incident, a quick fix and an easy way out.

Cm. Tatarka said the use of video surveillance was a way to monitor our award winning parks and the cameras would be a deterrent to those who come to our City with unwelcome actions. She said anyone using the parks for the purposes they were intended would not be disturbed by the cameras. She said cameras are for everyone’s protection and safety. She concluded by saying that those who want to make sure the park rules are adhered to and the skateboard park is an asset to the community should welcome the City’s proactive approach to video surveillance cameras.

Mayor Kinney said the Skateboard Task Force was told they would have to self police the park and he felt the Council had to give them that opportunity. He said it did not make sense to him to put in cameras that he did not feel were going to serve the purpose.

Cm. Wilson recommended staff monitor the park and have a hotline available so residents don’t feel intimidated to follow-up on a problem.

Cm. Hudson said he felt a recommendation for surveillance cameras would set a bad precedence from a timing standpoint. He said the City has a rule that helmets must be worn in the skateboard park and that rule must be enforced.

Cm. Raab said he was not talking about just the one incident but things that had occurred over a period of time inside and outside of the skateboard park. He said if the cameras are deterring vandalism, they are successful. He said the constant oversight by a police officer would be very costly and a waste of an officer. He said one idea may be that if the park is open it will have to be staffed. He said he would make a motion for the placement of surveillance cameras in and around the new skateboard park and to direct staff to look into placing cameras at the new aquatic center as requested by one of the staff members at the pool.

Cm. Tatarka seconded the motion.

The motion did not pass on a 2-3 vote (Cms. Hudson, Wilson and Mayor Kinney dissenting).

Cm. Raab said he would like to make a motion that staff be present during any hours the skateboard park was open.

Mayor Kinney asked the City Council if a second motion could be made after the first one was defeated.

The City Attorney said in terms of subject matter, the second motion was closely related to the issue being discussed and it would be appropriate.

Cm. Hudson said he would like to get staff to come back with what they think it would take and suggested this issue be handled as an emergency item on tomorrow night’s Parks and Community Services Commission meeting agenda. He said he liked the idea to initially get more involvement and get the kids off in the right direction with the enforcement of the helmet law.

Cm. Tatarka said wasn’t it the Parks Commission that had initially recommended surveillance cameras and she would be interested in hearing what they have to say now. She said she wanted to trust the kids and did not want to have to police the park.

The Parks and Community Services Director said staff was currently monitoring the skateboard park approximately five hours a day with a concentration on the after school hours.

Mayor Kinney recommended staffing the park with a take charge kind of employee with a telephone for back up should the need arise.

Cm. Raab said it was not his intention to use the cameras to cite specific individuals but to use them as monitors. He said if the skaters were not abiding by the helmet law the City could either shut the park down during non-staffed hours or increase staff time.

Cm. Hudson said it was hard to break old habits and sometimes you need to get stopped and confronted to get your attention. He said the problem would not be isolated to the skateboard park and he would like the Parks Commission and staff to consider other areas of the City as well. He recommended that a policy that works be established so that staff has something to rely on.

Cm. Tatarka seconded Cm. Raab’s motion.

Cm. Raab restated his motion to say when the skateboard park is open it will be manned by staff at all times and that the issue would go before the Parks Commission as an emergency item on tomorrow nights agenda.

The City Manager restated it was the consensus of Council to 1) refer the item to the Parks Commission to draft an overall policy recommendation to the Council for enforcement procedures and whatever else it takes to assure the safety of the users and the area around these types of facilities, 2) direct staff to adequately staff the facilities at the same level currently used with people that enforce the rules and, 3) research if there is a way under the current ordinance to confiscate the skateboards of repeat offenders with certain provisions stated for the return of the skateboards.

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NORRIS CANYON ROAD RETAINING WALL 

The City Engineer said HCV & Associates had submitted a  proposal for a revised retaining wall along the north side of Norris Canyon Road west of Bollinger Canyon Road. She said previously the City Council had approved a dyna block retaining wall with an anchor tie back system and subsequently to that decision HCV has determined that another wall was required and at this time they were proposing a sculptured full rock faux nail wall.

After Tom Krehbiel, HCV & Associates, told Council why the wall that was originally proposed was not acceptable, he described the new wall. He said the landscape plan for the wall was 95% the same as previously approved. He said the new wall had passed peer review and the neighbors had unanimously approved the wall at a recent neighborhood meeting.

Cm. Hudson confirmed a sample of the new wall could be seen on Norris Canyon Road under the oak tree. He asked questions regarding the increase in sound associated with the wall.

Mr. Krehbiel said reflective noise was the concern of a vertical component like the I-680 soundwalls. He said because the soil nail wall was sloped it would not be reflective back to the people south of the roadway.

Alan Rosen, Charles Salter & Associates, said the increase in sound was between no wall and putting a wall there. He explained the increase in question in Victor Petersen’s letter was for the vertical concrete wall. He continued to say when there is a wall that is on a slope with angles that would be created by the natural slope, it is likely there would be even less reflection.

Cm. Hudson said the plans call for no small wall on the south side and would it make a difference if there were.

Mr. Krehbiel said due to the shift in the center line of the road during the last process there was no need and therefore there was not a wall on the south side at all.

Jim Blickenstaff, said from a visual point of view he felt the wall was quite attractive and an improvement over the wall that had previously been proposed. He said he was concerned about the impacts on the residents and there were virtually dozens of residents on the south side that were impacted by the noise. He suggested the developer talk to the residents and see what kind of mitigations would make them comfortable. He recommended doing a study to assess the long term impacts due to the increase in sound volume and traffic speed.

Cm. Raab said previously Mr. Blickenstaff had stated his opposition to a wall on the south side and asked if he had changed his mind on this issue and if so, that wall would have an impact into the creek.

Mr. Blickenstaff said there were some unknowns in regard to a wall on the south side and that would have to be researched to see if it is feasible. He said maybe an earth berming that could be vegetated would be appropriate.

Mayor Kinney said it was not possible where the rocks go down the hill on the south side to put a berm in and that was where the sound goes through the most.

Dave LeDuc, said if the wall proposed by HCV was approved no issues of sound mitigations had been addressed. He said it needs to be assessed what additional mitigations need to be added to the new wall whether it be paving on the road as suggested in Susan Friedman’s letter to Council or wall plantings that would make it more amenable to the homeowners on the south section of the road. He said the EIR study around sound was done in 1991 and that is ten-year-old data. He said if this proposal is the best option available he recommended two things be done; look at sound mitigation and have the Council direct the issue back to the Architectural Review Board to ensure that plans from the City are assessed and that they are in line with what was proposed by the builder.

Cm. Hudson asked Mr. LeDuc if he had noticed any changes since the road had been completed.

Mr. LeDuc said while he hadn’t lived in his home since the road had been open he knew the amount of traffic that would be back on the road once it was open as a thoroughfare for the people. He recommended a study be done with a variety of vehicles and that sound mitigations be added to the proposal.

Mike Clancy, said he felt the new proposal with the nailed wall was fine. He requested the conditions of approval from the last wall be maintained and that was in two years time the wall would be covered with 80% vegetation. He asked the Council to consider the long range impacts on residents. He described walls and road surfaces that absorb sound. He said not only should the traffic generated from HCV’s project be considered but also the fact that a windy, rough, narrow canyon road has now become a smooth, wide, straight, flat, newly paved freeway type of road. He recommended the Council consider in the long range what would be the impact of the traffic on the road to the residents to the south.

Cm. Wilson asked the City Engineer if she had had a chance to analyze the proposal to spray the wall with a substance or use an open grade asphalt surface on the road as potential sound mitigation.

The City Engineer said she had looked at the open grade asphalt and said the City did not have that type of surface installed at this time. She said the open grade asphalt permits the water to seep through the asphalt and was developed initially to drain water away from the roadway to the side of the road. She said in a typical asphalt roadway you want to keep the water out of the asphalt to prolong the life of the road and this product would require a different type of maintenance and there were concerns about the long-term wearability and retrofitting the roadway design.

Mr. Clancy said Caltrans had used the open grade asphalt surface on three highways and suggested staff contact Caltrans regarding its reliability.

Victor Petersen, Bollinger Hills Homeowners Association president, questioned what was the baseline noise level that was expected on the roadway and was it already at an unacceptably high level. He said on the south side there would be some kind of traffic barricade and could it be continued to the ground with some sound absorbing material rather than having the noise shoot through underneath a guardrail. He said from a visual standpoint the wall was great and it appeared to be structurally sound but he did not feel sound issues had been addressed appropriately. He recommended the City have an independent sound engineer look at the project and make a report covering all aspects of the sound.

Mark Kafel, urged the Council to approve the wall design proposed by HCV using the soil nail stabilization and sculpture concrete. He said this design would have the least intrusion into the hill, would be installed much more quickly, look more natural and provide places for planting thus mitigating any noise concerns. He recommended a sound study be done on the north side as well as the south side.

Mr. Krehbiel said open grade asphalt was difficult to install and it had the consistency of marbles with very little binders and didn’t last as long. He said that asphalt was about 40% more expensive but was a possible solution. He said he did not feel what was being done with the wall was going to help the sound study. He recommended the Council approve the wall, let them start construction, get the wall built, do the sound studies and continue to consider mitigation measures.

Mr. Rosen answered sound study and mitigation measure questions. He said he felt landscaping made very little difference and was not generally used as a mitigation measure for noise.

Bret Maynor, Drilltech, said his company built the wall in Moraga and designed the proposed wall in San Ramon. He said he had not heard any concerns from the residents in Moraga before or after that wall was installed.

Cm. Raab said the landscaping on the "living wall" on Ygnacio Valley Road in Walnut Creek was said to act as a barrier to sound. He said the Arbor Day Society also talks about landscaping as a sound barrier. He asked what would be the difference between the proposed wall and one sprayed with plastic and covered with plants.

The Mayor said there were concepts that get confused when talking about sound, absorption and transmission. He said whether it is concrete or soil or dirt, if it is a sufficient mass it is going to block the amount of sound going through it. He said it had been his experience, concrete with plants on top of it did not produce a dramatic reduction in noise. He said "pyroc" or plastic was a material that absorbs sound and it would virtually eliminate reflection.

Cm. Raab said he would like to go forth with the wall with the following conditions, 1) fully explore the new pavement and if there was a slight problem with how it drains it could be overcome and if it costs more so be it if it is going to reduce sound, 2) look into covering the wall with plastic spray, 3) leave the south side alone and if that is the area where a guard rail will be installed, put in the extra acoustic dampening material along the whole length.

Cm. Hudson said he fully supported the wall. He said if spraying the wall would only reduce the sound one dB, nothing would be gained. He said it was all right to leave it open for the Engineer’s decision if down the road spraying the wall would help. He said he had a real problem with the Council talking about changing the design of just one road in San Ramon and not the rest of them. He said he did not want to start experimenting with the road in this location and did not feel anything would be gained by installing open grade asphalt.

He said he liked the current proposal, it replaced a wall that wasn’t going to work with a wall that would work and it had the support of the neighbors. He recommended just focusing on the wall.

Cm. Raab said the wall was going to be covered 80% with plants and asked why not go with the pyrock and not put money into the faux look. He recommended having a study done on the paving material rather than just assuming what it was going to do.

Cm. Wilson said it was imperative that a study be done on sound mitigation and the open asphalt road. He agreed there would a major traffic impact on Norris Canyon and said anything that could be done now to reduce the sound must be done.

Cm. Hudson said the sound would not be reduced, just the reflection of the sound.

Cm. Tatarka said before anything is approved she would like the Council to look at all of the options to ensure mitigation of all of the residents’ concerns.

Cm. Raab said if there was a chance to reduce the reflective noise, it should be done.

Mayor Kinney said the item before Council was approval of the wall.

Cm. Raab’s motion to go forth with the wall as designed and direct staff to report back on pyroc versus faux was seconded by Cm. Tatarka.

The motion passed 5-0.

Cm. Raab’s motion to direct staff to have a sound study and a pavement study done was seconded by Cm. Tatarka.

Mayor Kinney said he would also like a report on what would happen if open space asphalt was placed on top of existing asphalt and would that be different than putting it down without existing asphalt.

The motion passed 5-0.

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Mayor Kinney declared a five minute recess.

All Councilmembers were present when the meeting reconvened.

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EBMUD SOUTHERN LOOP PIPELINE

The City Engineer introduced a status report by East Bay Municipal Utility District on the Southern Loop Pipeline Project and said the project was part of EBMUD’s Seismic Improvement Program. She said following receipt of the report staff was recommending Council consider a resolution that would authorize the Mayor to execute an agreement with EBMUD for the City to then construct a portion of the Southern Loop Pipeline as part of the City’s Crow Canyon Overlay Project.

David Lee, EBMUD senior civil engineer with the seismic program, discussed the purpose of the pipeline, stating it would improve the system and provide a redundancy for the San Ramon Valley in case of an emergency including an earthquake. He said it would also provide water to the Castro Valley in case of an emergency on the Hayward fault.

Bruce Mason, associate civil engineer with the EBMUD, said he was involved with the design of the Southern Loop Pipeline project. He talked about the alignment of the Southern Loop, some of its key features, the portable pumps to be used to deliver water after an emergency and outlined a scenario by which water would be delivered by the use of the Southern Loop Pipeline. He discussed the use, storage and deployment of portable pumps.

Cm. Hudson asked Mr. Mason where the proposed site was for the second pump that would be pumping up.

Mr. Mason said it was in a staging area north of Coll Water Drive where Alameda County stores materials and vehicles when they do maintenance.

Mayor Kinney said if the Concord fault goes the City of San Ramon is shut down.

David Lee said there were three pipelines that range in size coming through Pardee Reservoir to Walnut Creek that range in size.

Mayor Kinney said after talking with EBMUD staff and the Chairman of the EBMUD Board it was obvious that EBMUD was trying to service Alameda, Oakland and Castro Valley with the Southern Loop Pipeline.

Cm. Raab said he was still not happy about the pump situation. He said he wanted a pump located on the site where it was a lot easier to get a person to it to turn it on versus if there is a need for the portable pumps elsewhere what guarantee would San Ramon have that a pump would be available and on-site in time. He said it would be in the best interest of the City to have a pump on site ready to go.

The City Manager said Marilyn Miller of EBMUD had reported in a telephone call that they had reviewed the plan and their geotechnical people and emergency preparedness people agreed there were three small landslides that don’t affect the road west of Coll Canyon and the other slides were east of Coll Canyon and she assured him that there would be a portable pump in San Leandro and therefore the proposed scenario would work.

Cm. Tatarka said she had the same concerns expressed by Cm. Raab regarding the portable pumps.

After hearing the portable pumps were rotated Cm. Hudson expressed concern that there were no portable pump sites close to San Ramon. He said EBMUD had to test the pipeline on a regular basis and asked what was the reasonable time period for the City of San Ramon to expect that there would be a working pump on the site and for how many days would that pump be expected to remain. He asked if there were a regular schedule for pumps to be tested.

Mr. Mason said they had not developed a plan as to whether the testing would be every two years or every three years.

Cm. Wilson said he did not see anything positive in this scenario for San Ramon. He said he did not see why San Ramon could not have a pump on site permanently that would serve the residents of San Ramon and not everyone else.

Mayor Kinney said he told the president of the EBMUD Board that he was going to recommend that the City not approve EBMUD putting in the Southern Loop Pipeline at this time. He said he also told the president that when EBMUD does put in the pipeline they were not going to tear up Crow Canyon Road and put a strip down it, they would redo all of Crow Canyon Road. He recommended letting staff go ahead with the contract to redo Crow Canyon Road and he said it would be a big mistake if we let EBMUD put the pipe in the ground before we were satisfied with how it was going to work.

Mayor Kinney’s motion that Council not enter into an agreement with EBMUD at this time was seconded by Cm. Wilson and passed 5-0.

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CROW CANYON The City Engineer introduced an agreement with Bay Cities

ROAD OVERLAY Paving and Grading for the construction of the Crow Canyon

Road Overlay Improvement Project and the San Ramon Valley Boulevard Overlay Project. She said not approving the agreement with EBMUD for the portion of the Southern Loop Pipeline Project within the City limits would amend the total amount of the agreement from $1,135,200.80 to $976,525.80. She said the modified total reflected just the City’s work.

Cm. Raab’s motion to adopt the resolution approving the agreement was seconded by Cm. Wilson and passed 5-0.

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BAY CITIES PAVING AND GRADING, INC. FOR CONSTRUCTION OF THE CROW CANYON ROAD OVERLAY IMPROVEMENTS PROJECT (CIP 7136), FEDERAL AID PROJECT NO. STPL-5437 (007), AND THE SAN RAMON VALLEY BOULEVARD OVERLAY PROJECT (CIP 7137), FEDERAL AIR PROJECT NO. STPL-5437 (008), IN THE AMOUNT OF $976,525.80

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MAYORS’ CONFERENCE 

Cm. Raab said at the May 4 Mayors’ Conference Mayor Kinney was appointed to the Airport Commission. He said a Park Board member that represents the Orinda area talked about how counties such as Santa Clara would pay their fair share to get into the BART program. He said there was also a discussion regarding automatic gas shutoff values in new homes and suggested this might be something San Ramon might want to look into. He recommended staff look into this issue and come back with a report to Council.

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COMMISSION INTERVIEW DATES 

It was the consensus of Council to schedule interviews for the Parks and Community Services Commission and Planning Commission on May 30 and 31 from 6:00 p.m. to 8:00 p.m.

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ARB RULES/PROCEDURES 

Cm. Hudson said three years ago the City had a three person Architectural Review Board that basically was a non political outsiders view of blueprints and architecture of projects that were going to be presented to the Planning Commission or Zoning Administrator. He said at that point the Council elected to go to a five-member board and get more citizen participation and get a second landscape architect on the ARB because if the landscape architect were the architect for the project he would have to remove himself from the voting process. He said in the last selection to the ARB the Council took the second landscape architect off. He asked staff to take a look at this issue and to come up with a recommendation on how this problem could be eliminated. He asked staff to look at current procedures and to make recommendations.

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ABAG SPRING GENERAL ASSEMBLY 

Cm. Tatarka said she and the City Manager had attended ABAG’s Spring General Assembly where the topic of discussion was smart growth. She said while all of those that attended said there was merit to the discussions and proposals there was no decision or action taken.

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Mayor Kinney said due to the City’s recent decision on Central San’s project regarding Estero Drive the City Attorney would like to have a closed session and to approve his request would take a four-fifths vote.

The City Attorney said he had received a letter at 4:00 p.m. that afternoon from the attorney for Windemere that did two things, 1) threaten litigation on the Estero sewer issue and, 2) trigger the dispute resolution procedures in the Dougherty Valley Settlement agreement. He said because those procedures require certain steps to be taken that could not wait two weeks until the next meeting it was appropriate that this issue be added to the agenda and it was also appropriate that this issue be discussed in closed session under Government Code Section 54954.2 (b) 2.

Cm. Raab’s motion that the Council convene to closed session under the Government Code as stated by the City Attorney was seconded by Cm. Tatarka and passed 5-0.

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There being no further business to come before the City, at 11:25 p.m. the meeting convened to closed session.

Curt Kinney, Mayor
Judy Macfarlane, City Clerk

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