A regular meeting of the City Council of the City of San Ramon was called to order on April 24, 2001 at 7:30 p.m. in the San Ramon Community Center, 12501 Alcosta Blvd., Mayor Hudson presiding.
PRESENT: Councilmembers Kinney, Raab, Tatarka, Wilson and Mayor Hudson
ABSENT: None
STAFF PRESENT: City Manager Herb Moniz, City Attorney Bob Saxe, Police Chief Brian Lindblom, Administrative Services Director Jim Randall, Parks and Community Services Director Jeff Eorio, Planning Director Phil Wong, City Engineer Joye Fukuda, Transportation Director John Dillon, Economic Development Manager April Gray, and City Clerk Judy Macfarlane

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

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Mayor Hudson presented a proclamation to D.A.R.E. officer Dan Douglas thanking him for his many contributions to the youth of the City of San Ramon.

Officer Douglas thanked the Mayor said it had been a pleasure working with the youth of San Ramon.

Mayor Hudson proclaimed April 22-28, 2001 as National Volunteer Week and presented a proclamation to volunteer representative June Cherry.

Doug Rinella, Fire Captain, California Department of Forestry, presented Tree City USA awards for the City of San Ramon to Cm. Raab.

Cm. Raab presented a proclamation to Bob Ingalls, Chair of the Environmental Affairs Advisory Committee, declaring April 27, 2001 as Arbor Day in San Ramon.

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Victor Peterson, 2855 Morgan Drive, said there had been a positive response to the initiative petition for a directly elected Mayor and they had obtained approximately 1,000 signatures to date.

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Cm. Raab’s motion to approve the minutes of the April 10, 2001 meeting was seconded by Cm. Tatarka and passed 5-0.

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

FINANCE      Register of Demands dated March 30, April 2, 13 and 20, 2001 in the amount of $862,674.03.

Authorizing the Mayor to execute an agreement with Pacific Environmental Control, Inc., for building restoration of the Glass House Historic Preservation Phase I Project (CIP 5306 and CIP 8234) in the amount of $269,150

Approving the purchase of new computer workstations (PCs) for Citywide general replacements in the amount of $48,370 as authorized in the FY 2000-01 Annual Program of Services

Approving an updated Disadvantaged Business Enterprise (DBE) Program in compliance with Federal Intermodal Surface Transportation Efficiency Act (ISTEA) requirements; setting 10% DBE goal for the City of San Ramon for federally funded projects administered by the California Department of Transportation during FY 2001/02 and accepting the FY 2000/01 DBE Report

Establishing a rate of $28 per equivalent runoff unit for FY 2001/02 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

Authorizing the Mayor to execute an agreement with Bay Cities Paving & Grading, Inc., for construction of the FY 2000/01 Pavement Management Project (CIP 8147) in the amount of $1,837,089

Resolution No. 2001-50

Landscaping and Lighting District No. 1984-1 Special Zone 17 – Henry Ranch/William Lyon Homes, Inc. Approving the amended Engineer’s Report, ordering the mailing of ballots and setting a public hearing for June 12, 2001

Accepting a certain .63 acre parcel in Lot 7 of Subdivision 8103 for access and public road purposes, (Bishop Ranch 3, Sunset Development Company)

Authorizing the Mayor to execute Amendment No. 1 to the agreement with Azari Engineering, Inc., for construction management and inspection services for the Deerwood Road Improvement Project (CIP 8113) in an amount not to exceed $48,950

Authorizing the Mayor to execute a contract with T. Marshall & Associates for the retrofitting of lighting fixtures in City buildings in the amount of $37,000

Authorizing an increase in the ten percent contract change order limit specified by Title A, Division A7 of the City of San Ramon Municipal Code to the agreement with Grade Tech, Inc., for construction of the Crow Canyon Road Landslide Repair Project (CIP 8652) and authorizing a budget increase of $51,300

PAVEMENT MANAGEMENT ACCEPTANCE 

Acceptance of work by Bay Cities Paving and Grading, Inc., on 1999-2000 Pavement Management Project (CIP 8147) as complete and authorize the City Clerk to file a Notice of Completion with the County Recorder’s Office

INVESTMENT QUARTERLY REPORT

City of San Ramon Quarterly Investment Report – period ending March 31, 2001

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CABLE SYSTEM REGULATORY ORDINANCE 

The Parks & Community Services Director said San Ramon had coordinated efforts with the cities of Dublin, Pleasanton and Livermore, to pool expertise and resources in an effort to reduce franchise renewal costs and maximize the effectiveness of negotiations. He said the ordinance included new regulatory and consumer protection provisions and was compatible with the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996. He stated this ordinance would provide consumer service standards and franchise enforcement capabilities to protect the public interest. He said the proposed ordinance included a provision whereby any future cable operator would be required to meet operations, service, billing and information standards as allowed by the Federal Communications Commission. He concluded by saying the ordinance would supersede and replace the existing Cable Franchise Ordinance and it was a non-exclusive agreement.

No one spoke at the public hearing.

Cm. Raab’s motion to adopt the ordinance and waive the reading was seconded by Cm. Wilson and passed 5–0.

Cable System Regulatory Ordinance

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AT & T CABLE SERVICES AGREEMENT 

The Parks & Community Services Director requested that following the adoption of the Cable System Regulatory Ordinance, the Council approve the agreement for the provision of cable television services by AT & T Cable Services.

No one spoke at the public hearing.

Cm. Raab’s motion to adopt Resolution No. 2001-38 was seconded by Cm. Wilson and passed 5-0.

Authorizing the Mayor to execute an agreement with AT& T Cable Services for the provision of Cable Television Services within the City of San Ramon

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CENTRAL CONTRA COSTA SANITARY DISTRICT

Charles Batts, General Manager, Central Contra Costa Sanitary District, reviewed the purpose of the sanitary district, explained the need for the sewer line and rationalized the decision to utilize the Larwin Pump Station.

The City Attorney gave a historical overview of the past four years and the attempts by the City to prevent the trunk sewer line from disrupting the south San Ramon neighborhood. He explained the legal proceedings initiated by the City and outlined the seven basic items that were the backbone of the mediation sessions.

Mayor Hudson opened the public hearing and read a letter from neighbor residents objecting to the proposed sewer line.

Speaker cards against the Central San project were received from Charles & Beth Rivioire and Gil Gouveia.

Rosalind Rogoff, gave a presentation to Council outlining her objections to the proposed sewer line and her opinion regarding the lawsuit.

Donna Dickey, spoke regarding her concern for the health, safety and welfare of all the residents and reminded Council of the sewage spill that had occurred recently in her neighborhood. She asked for an amicable agreement between Central San and the City.

Steve Jones, requested a face-to-face meeting between the residents and Central San to discuss and clarify the conditions outlined in the proposed settlement.

Izrail Tyoyrif, asked the Central San representative if there was a break in the proposed sewer line, exactly how many gallons of raw sewage would pollute the neighborhood.

Ron Morse, requested an updated EIR be done. He also noted that the pumping stations in Moraga were not in residential areas as stated earlier by Charles Batts, but were located on a golf course and near a park. He said in the event of odors, people on the golf course and in the park can simply walk away from odors escaping from the pumping stations and that was not an option for the residents surrounding the Larwin station. He also asked if the man hole covers were bolted, thus preventing the sewage from escaping, where would it go?

Trish Johnston, spoke against increasing the capacity of the Larwin Pump Station and said the smell would destroy property values. She said an alternative route should be used.

Cornelius Stewart, asked why a pumping station was placed in a residential neighborhood. He stated pumping stations like Larwin should be placed in industrial areas not in residential neighborhoods.

Sally Bahowick, asked Central San why they were pushing so hard on this project and not exploring the alternate routes.

Cynthia Jones, representing Dublin San Ramon Services District, explained why DSRSD was not providing the sewer service to the Dougherty Valley. She stated her concern with the proposed bolting of manhole covers and said with DSRSD much closer to the area than Central San, they would respond in the event of an emergency. She requested that Central San provide DSRSD with access to the proposed bolted manhole covers.

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MAYORS CONFERENCE AGENDA 

Mayor Hudson announced the May meeting of the Mayors’ Conference would be held in Hercules and requested issues or comments for this meeting be forwarded to him.

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SCHOOL DISTRICT LIAISON 

Mayor Hudson said they were working on a resolution to the continual problems regarding parking and traffic circulation around California High School.

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ARTS ADVISORY COMMITTEE

Cm. Tatarka reviewed the progress of the establishment of the Arts Foundation.

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ENVIRONMENTAL AFFAIRS ADVISORY COMMITTEE 

Cm. Wilson said the tentative compost agreement with Valley Waste Management was discussed along with the Arbor Day observance and the environmental mini grant application for Pine Valley Middle School.

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HUMAN RELATIONS COMMISSION 

Mayor Hudson reported Stand Against Violence would be making a presentation at the April 28 meeting of the Human Relations Commission. 

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DOUGHERTY VALLEY OVERSIGHT COMMITTEE

Cm. Wilson said he felt it was important a San Ramon resident be the Chair of DVOC, with the vice chair being rotated between Danville and the County, and asked for consensus from Council to present this item at the next DVOC meeting. 

Cm. Wilson’s motion was seconded by Cm. Kinney and passed 3-0-2 (Cms. Raab and Tatarka abstaining).

Mayor Hudson asked for a consensus from Council to send a letter to the County Supervisors in support of Options 2 and 3 discussed at a previous meeting to comply with the Dougherty Valley Agreement and to resolve the permanent day care situation at Coyote Creek.

Mayor Hudson’s motion was seconded by Cm. Kinney and passed 3-0-2 (Cms. Raab and Tatarka abstaining).

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There being no further business to come before the City at 10:55 p.m. Mayor Hudson adjourned the meeting to Closed Session pursuant to Sections 54956.9(b)(3)(c) and 54956.9(a) of the Government Code to discuss possible settlement of litigation threatened by Windemere BLC Land Company LLC under the Dougherty Valley Settlement Agreement and pending litigation (Central San v. City of San Ramon).

David E. Hudson, Mayor
Judy Macfarlane, City Clerk

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