A regular meeting of the City Council of the City of San Ramon was called to order on April 9, 2002 at 7:30 p.m. in the City Council Chamber, 2222 Camino Ramon, Vice Mayor Wilson presiding.

PRESENT: Councilmembers Cambra, Dickey, Hudson, and Vice Mayor Wilson

ABSENT: Mayor Tatarka

STAFF PRESENT: Acting City Manager Jim Estep, City Attorney Tom Curry, Police Chief Brian Lindblom, Planning Director Phil Wong, Engineering Services Director Joye Fukuda, Transportation Services Director John Dillon, and City Clerk Judy Macfarlane

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Brownie Troop 1083 from Golden View Elementary School led Council, staff and those present in the audience in the pledge of allegiance.

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ANNOUNCEMENTS

Vice Mayor Wilson read the announcements of upcoming City meetings listed on the agenda.

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Vice Mayor Wilson read a letter from Christy Winter, President of the San Ramon Chamber of Commerce, which asked the Council to approve the nomination of Eric Wallis and John Hyun as the Chamber representative to the City’s Economic Development and Transportation Advisory Committees.

Cm. Hudson’s motion to approve the nomination of Eric Wallis as the Chamber of Commerce representative to the Economic Development Advisory Committee was seconded by Cm. Cambra and passed 4-0.

Cm. Hudson’s motion to approve the nomination of John Hyun as the Chamber of Commerce representative to the Transportation Advisory Committee was seconded by Cm. Dickey and passed 4-0.

Cm. Dickey said she would encourage all appointments to the City’s advisory committees be made at the same time to ensure a smooth transition.

Vice Mayor Wilson said the Council must always be mindful of the relationship the City of San Ramon has with its business community, stating we are independently dependent on each other. He also said a strong business community represents a strong San Ramon.

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Laura Johnson, DERWA, said Cynthia Jones, DSRSD, had asked her to convey to the Council her sincere thank you for all of the efforts on the part of the City and staff for encouraging the coordination and looking at opportunities to coordinate the projects between the Central San sewer line installation and the DERWA pipeline project. She said the good news was that it appears there will be some coordination efforts and benefits to San Ramon at a future date such as the joint landscaping project.

Donna Kerger reminded the Council and audience that the Planning Commission was holding a joint workshop April 10 at 6:30 p.m. at the Community Center between the cities of San Ramon, Dublin, Livermore, Pleasanton, and the town of Danville. She said this is the first joint regional workshop of the area Planning Commissions.

Ellen Pyle said she had recently spent some time in Scottsdale Arizona and had an opportunity to visit their City Center. She said it was impossible to even find the City Center because of the parking garages and the empty lots. She continued to say city streets had to be reconfigured because the businesses were dictating what needed to be done for their purposes. She urged the Council to keep in mind that not every resident wants a large business park on Bollinger Canyon Road. She said she would like to make sure when a city center is opened to the residents that it is something that will be cherished and valued for years to come.

Clyde Vaughn, chairman of one of the largest homeowners associations in Orinda, said a major threat to the pure Sierra water had appeared in a proposal to expand the East Bay Mud service area so that the Sierra water could be furnished to the proposed Tassajara development. He said this was just the entering wedge and there would be many more requests following other developments to expand the EBMUD service area. He said EBMUD directors John Coleman and Frank Mellon, who represent San Ramon, are bosom buddies to every development and he urged the Council to find two candidates to run against Mr. Coleman and Mr. Mellon. He said he felt the issue of the give away of our Sierra water, which is already in short supply, would be one that will resonate with the voters.

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Cm. Dickey’s motion to approve the minutes of the March 26, 2002 Council meeting was seconded by Cm. Cambra and passed 4-0.

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Vice Mayor Wilson said he would like to remove Item 8.2, Resolution authorizing enforcement on private streets in Gale Ranch and Item 8.6, Setting public hearing for the fee resolution for future discussion.

Cm. Hudson’s motion to approve the following Consent Calendar was seconded by Cm. Cambra and passed 4-0.

FINANCE

Register of Demands dated March 19, 22, 26, 31 and April 7, 2002 in the amount of $1,577,244.02

RESOLUTION NO. 2002-32

Establishing a rate of $30 per equivalent runoff unit for the FY 2002/03 National Pollutant Discharge Elimination Systems Stormwater Program and Requesting the Contra Costa County Flood Control and Water Conservation District (Flood Control District) to adopt an annual parcel assessment

Bay Cities Paving & Grading 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 Aid Project No. STPL-5437 (008) as complete and authorization for the City Clerk to file a Notice of Completion with the County Recorder’s office.

Approval of City Manager and Designated Directorates Contract Quarterly Report January to March 31, 2002

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Vice Mayor Wilson said that Michael Brusselback, Chair of the Transportation Demand Management Committee, was unable to present the committee’s annual report and this item would be continued to a future meeting.

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IRON HORSE TRAIL RIGHT-OF-WAY PROJECTS

The Engineering Services Director recommended the Council continue the public hearing from the previous Council meeting on the projects within the Iron Horse Trail right-of-way and consider adoption of a resolution allowing the Contra Costa County Sanitary District (CCCSD) to proceed with their Force Main Project. She said the CCCSD project would require two permits from the City. She said in addition the City Council would approve the use of a one-acre portion of the Civic Center site as a temporary construction staging area. She continued to say a public hearing was held on March 26 on the CCCSD Force Main Project, the DSRSD Recycled Water Project, and the PG&E Fiber Optic Telecommunications Project. At that meeting staff advised the Council that following meetings between staff from Central San, DERWA, and the City it was concluded that the DERWA project would not be sufficiently accelerated in order to fall within the timeline that Central San was complying with in the settlement agreement for Dougherty Valley. She also said at that meeting the Council was advised that PG&E was still investigating further options for their Telecommunications Project and the public hearing was continued to April 9.

The Engineering Services Director said at this time PG&E does not have anything further to report on the status of the Fiber Optic Project. She said there were two updates on the Force Main Project; 1) staff had been advised a 10-inch diameter tree located between Norris Canyon and Bollinger Canyon Road would be removed as part of the project and 2) a public information meeting was held by Central San to discuss the construction impacts that may be associated with the project. As a result after the discussion at the public information meeting, it was agreed a permit condition would be added that would require Central San to post a 24-hour emergency number at the Larwin Pump Station and the Staging Area site.

Cm. Hudson said there was a tree that was more than 10-inches in diameter just west of the trail near the Chevron property and asked if anyone had discussed that tree during the public meeting.

The Engineering Services Director said staff had been told that Central San had walked the Force Main alignment and only one 10-inch diameter tree had been identified for removal.

Bill Brennan, Central San, confirmed the tree referred to by Cm. Hudson was located south of Bollinger Canyon and the 10-inch tree scheduled for removal was north of Bollinger Canyon. He said provisions had been made to avoid the south of Bollinger Canyon tree by tunneling.

Vice Mayor Wilson opened the public hearing.

Paul Mitchell said he felt Central San would do a good job on the Force Main Project and his main interest was the PG&E Fiber Optic project. He said at this time the three projects are separated, Central San is going forward, DERWA is some time in the future and PG&E is in negotiations. He said he would repeat his request from the last meeting and ask the Council if they felt it appropriate to take action to direct staff on PG&E’s current application as currently scoped to deny the encroachment permit unless there were no other reasonable alternatives to the current proposal or state law mandates that PG&E has the right to do that and there is nothing we can do to stop it. He said he still failed to understand how hanging a cable on towers was the best choice.

Vice Mayor Wilson closed the public hearing and asked Council for their comments.

Cm. Hudson said the only issue for discussion that night was the Force Main Project.

Cm. Hudson made a motion to adopt the amended resolution providing for the following, a) authorizing the Mayor to execute a temporary construction easement for up to a one acre portion of the City’s 7.7 acre civic center site, b) authorizing the City Engineer to issue an encroachment permit for the Force Main Project with permit conditions as amended and, c) authorizing the Planning Services Director to issue a tree removal permit for the Force Main Project.

The motion was seconded by Cm. Dickey and passed 4-0.

Authorizing the Mayor to execute a Temporary Construction Easement with CCCSD for up to one-acre portion of the City’s 7.7-acre Civic Center site authorizing the City Engineer to issue an Encroachment Permit to CCCSD for their Force Main Project with Permit Conditions as amended and authorizing the Planning Services Director to issue a Tree Removal Permit to CCCSD for the Force Main Project

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GALE RANCH STREET ENFORCEMENT

The Transportation Services Director introduced consideration of a resolution that would authorize the San Ramon Police Department to enforce the California Vehicle Code on private streets in The Bridges at Gale Ranch pending the acceptance of those roads as public roads. He said during the development process there is an interim period between when the road is physically constructed and when it is accepted as a public roadway and there is a warranty period on public improvements which typically runs at least a year. He said the Vehicle Code provides a mechanism whereby the owners of private roads or the homeowners associations in private subdivisions can petition the City for enforcement on those private roadways.

Vice Mayor Wilson said these are private roads and asked what the typical timeframe was for acceptance by the City.

The Transportation Services Director said there is a one-year warranty typically on improvements but in the case of Gale Ranch the County is providing inspection services and is the accepting agency initially and in response to that delay this mechanism was being used to provide police enforcement in advance of the acceptance of public streets.

Vice Mayor Wilson asked about the new development on the west side of the City.

The Transportation Services Director said on the west side there are several developments and the City is sending similar letters to the developers inviting them to submit a petition to the City for this enforcement service.

Vice Mayor Wilson asked what do residents do that have problems with traffic enforcement before the streets become public streets.

The Transportation Director responded there is police protection in those neighborhoods but technically the police cannot enforce the Vehicle Code until the streets are accepted as public.

Vice Mayor Wilson confirmed the proposed resolution would give the police the tools they need to provide Vehicle Code enforcement in The Bridges at Gale Ranch.

Cm. Hudson’s motion to adopt the resolution providing for Vehicle Code enforcement was seconded by Cm. Cambra and passed 4-0.

Authorizing the San Ramon Police Department to enforce the California Vehicle Code on private streets in The Bridges at Gale Ranch

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SET  PUBLIC HEARING - FEE RESOLUTION

Vice Mayor Wilson introduced a resolution that would set the public hearing for the City’s 2002/03 Fee Resolution. He confirmed the changes to the fees would be listed on the City’s web site and that anyone who would be affected by the fee changes had been notified. He also confirmed the Finance Committee had reviewed and approved the fee changes at their March 20 meeting.

Cm. Hudson’s motion to set the public hearing for the fee resolution for April 23, 2002 was seconded by Cm. Dickey and passed 4-0.

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MAYORS’ CONFERENCE

Vice Mayor Wilson said he had attended the Mayors’ Conference on April 4 in El Cerrito and the main topic of discussion on the agenda was "Shaping Our Future". He said there would be a kickoff for "Shaping Our Future" April 11 at 10:30 a.m. at Concord City Hall and a kickoff meeting at Las Lomas High School May 21.

Cm. Dickey said it was announced at the recent meeting, that Doreen Peterson, who was recently appointed to the committee, would be unable to continue due to health reasons. She said we will have to go back to the Parks and Community Services Commission to determine an alternate for Mrs. Peterson’s position. She said the "Luncheon on Monday" program was not well attended and it was discussed whether the program should be continued. It was decided to skip the May lunch to see if there is any reaction. A review of the draft annual questionnaire for 2002 and a suggestion to put the questionnaire on the City’s web site to allow for more input from the community was also discussed. Betty Detweiler was chosen as the April volunteer of the month.

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Cm. Dickey said at the last meeting there was an interesting and knowledgeable presentation on the Glass House and the families who lived there. The architect from Architectural Resources Group was in attendance for questions regarding the interior work that is being done on the Glass House. After much discussion, the architect was directed to return to the committee with design suggestions keeping in mind that the committee agreed on the commitment to keep the Glass House a museum with a living history component. She said at the next committee meeting on April 17 there would be a discussion regarding designs for the walnut storage shed.

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Vice Mayor Wilson said the Economic Development Advisory Committee meeting report listed on the agenda under 13.4 was in error because the committee had not met.

Cm. Hudson said there was an article in USA Today about a new tree disease, which is an air borne pathogen. He said this particular disease was attacking oaks and bay laurels. He said it would be nice to be ahead of this issue before we start to lose a number of trees.

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There being no further business to come before the City, at 8:12 p.m., after congratulating the new committee appointees, Vice Mayor Wilson adjourned the meeting.

Nancy Tatarka, Mayor 
Judy Macfarlane, City Clerk