A regular meeting of the City Council of the City of San Ramon was held on January 13, 2004 at 7:00 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

PRESENT: Councilmembers Hudson, Perkins, Rowley and Mayor Wilson

ABSENT: None

STAFF PRESENT: City Manager Gail E. Waiters, City Attorney Tom Curry, Public Works Director Joye Fukuda, Parks and Community Services Director Jeff Eorio, Police Chief Kathy Samuels, and City Clerk Judy Macfarlane.

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Mayor Wilson announced the Council had met in closed session pursuant to Government Code Section 54957 to consider appointment of a City Attorney. He said an announcement regarding this issue would be made later on the agenda.

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Former students of Cm. Rowley led Council, staff and those present in the audience in the pledge of allegiance.

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Mayor Wilson announced the recognition of Donna Dickey for service on the City Council was deferred to a future meeting.

The City Clerk listed a number of committee meetings that were not on the agenda.

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Mayor Wilson presented a plaque and Council picture to Jerry Cambra for his service on the City Council 2001-2003.

Mayor Wilson presented proclamations to "Building Bridges" sponsors and thanked them for their support.

Mayor Wilson presented a proclamation to Dee Steinbrenner recognizing and thanking her for service to the city and wishing her well on her retirement.

Mayor Wilson read a proclamation recognizing Judy Macfarlane, City Clerk, for 20 years of service to the city.

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Donna Kerger, Planning Commissioner, thanked Dee Steinbrenner for all of her hard work. She spoke about Dee’s commitment, dedication and professionalism.

David Novogrodsky, representing Professional and Technical Engineers, Local 21, urged the Council to make sure the process of allowing the employees to decide if they want to be represented by Local 21 of the Union moves forward.

Sam Lemon complimented Cm. Perkins for doing his homework in regard to the recent vote taken on the Library grant. He also said the City has functioned very effectively for 20 years on a non-union basis. He said if employees do decide to unionize he felt it was due to poor management.

The City Manager said the City of San Ramon has had a union, Local 790, since the late 1980s and it represents approximately 60 city employees.

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After making an amendment to the December 3, 2003 minutes Cm. Hudson made a motion to approve the amended minutes.

Cm. Rowley seconded the motion and it passed 4-0.

Cm. Perkins’ motion to approve the December 9, 2003 minutes as amended was seconded by Cm. Hudson and passed 4-0.

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The City Clerk said Resolution No. 2004-1 Accepting Improvements in Subdivision 8072 (Ken Stevens) had been amended and listed the changes.

Mayor Wilson thanked the anonymous donor for the donation to offset expenditures for Sunday lap swimming at the San Ramon Olympic Pool.

Cm. Hudson’s motion to approve the following Consent Calendar including Resolution No. 2004-1, as amended, was seconded by Cm. Perkins and passed 4-0.

Register of Demands dated December 2003 in the amount of $2,520,485.46.

Pavement Management Phase II Project – Acceptance of work by C. F. Archibald Paving, Inc for FY 2002/03 Pavement Management Phase II Project as complete and authorize the City Clerk to file a Notice of Completion.

Quarterly Construction Change Order Report – 2^nd Quarter FY 2003/04.

Sunday Lap Swimming Donation – Acceptance of donation to offset expenditure for the continuation of Sunday lap swimming at the San Ramon Olympic Pool and Aquatic Park.

Resolution No. 2004-1 – Accepting Certain Roadway and Stormdrain Improvements in Subdivision 8072 (Ken Stevens) as complete and for maintenance.

Resolution No. 2004-2 – Accepting Certain Landscape Improvements along the frontage of Henry Ranch Project (Subdivision 8188) as complete and authorizing the Mayor to execute Amendment No. 3 to an agreement with New Image Landscape Company in an annual amount not to exceed $11,700.

Resolution No. 2004-4 – Accepting Certain Road and Stormdrain Improvements on Lilac Ridge Road and North Gale Ridge Road for maintenance (Shapell Industries/The Bridges at Gale Ranch).

Resolution No. 2004-5 – Accepting Certain Road and Stormdrain Improvements constructed in Subdivisions 8254, 8255, and 8256 (Shapell Industries/The Bridges at Gale Ranch).

Resolution No. 2004-6 – Authorizing payment of $72,955 to the Contra Costa County Municipal Risk Management Insurance Authority (CCCMRMIA) for settlement of claims against the city filed by Sunny Glen residents.

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The City Attorney said the ordinance would change the current Municipal Code’s way of selecting replacements for vacancies on the City Council. He said the ordinance as recommended is the same as state law which gives the Council the option of either calling an election or filling the vacancy by appointment.

Mayor Wilson opened the public hearing.

Roz Rogoff said she had some reservations as to how the ordinance was written. She said what was missing was having an interim person. If a replacement candidate is selected that person will serve until 2005 and if the Council chooses to not select a replacement candidate it will appear on the ballot in 2004. She recommended there be an alternative selection of putting it on the ballot in 2004 but choosing an interim replacement until that time.

The City Attorney said the state law specifies periods of time in which an election should be called based on the legislature’s judgment of what proper notice is. He said the ordinance could be amended and voted on that evening depending on the modifications.

Cm. Perkins asked if it would be possible to amend the ordinance sometime in the near future to adopt verbiage like what was suggested by Ms. Rogoff.

The City Attorney said the Council always has the option of approving modifications to the City’s Municipal Code unless they have been voted on by the people, in which case the people make those modifications.

Cm. Hudson said the idea of running for office one year after being elected would be cumbersome. He said the logical step is to appoint for the remainder of Cm. Cambra’s term to November 2005.

Cm. Hudson’s motion to adopt the ordinance and waive the reading was seconded by Cm. Perkins and passed 4-0.

Ordinance No. 358 - Repealing Section A4-7 of the Municipal Code of the City of San Ramon and Adopting a Replacement Section A4-7, Vacancies on the City Council.

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The Parks and Community Services Director introduced an agreement with Circa, a historic property development company, to provide historic preservation, guidelines and expertise for the restoration of the David Glass House and Forest Home Farms. He said the $10,500 contract covers the principal key elements thought by staff to be necessary for them to proceed with the proper development of the Glass House and Forest Home Farms.

Mayor Wilson asked if the $10,500 would adequately cover what is needed or was that an estimate.

The Parks and Community Services Director said that staff had gone over each of the tasks with the consultant and identified the important elements that needed to be covered and felt they could be accomplished with that amount.

In response to Cm. Rowley’s question, the Parks Director reviewed what would be covered by the $10,500 contract amount.

Cm. Perkins confirmed by adopting the items mentioned by the Parks Director Council would receive a report containing recommendations on how to proceed with historical development of the Glass House and some of the Forest Home Farms property.

The Parks Director said based on the interpretation, a RFP would be produced for the renovation of the interior and landscaping of the Glass House and a review of the steps that had already been taken on the rehabilitation of the Boone House to assure that it was being done right and the project could be completed.

Cm. Perkins confirmed the money being raised by the San Ramon Valley Rotary would go toward the renovation of the Glass House and this report would help establish some of the tasks relative to using the Rotary funding.

In response to Cm. Hudson’s question regarding the involvement of the Parks Commission, the Parks Director said the project had been at the Council level for so long staff felt it was appropriate for it to remain at that level.

Cm. Hudson’s motion to adopt the resolution approving the contract with Circa was seconded by Cm. Rowley.

Cm. Perkins amended the motion to include an amount not to exceed $10,500.

Cm. Hudson approved the amendment to the motion.

The motion passed 4-0.

Resolution No. 2004-3 – Authorizing the Mayor to execute an agreement between the City of San Ramon and Circa: Historic property development for the provision of professional services to complete the historic interpretation and establish guidelines for the restoration of the David Glass House and Forest Home Farms.

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The City Clerk said the City Council affirms yearly the appointment of Councilmembers assigned as liaisons to area and statewide committees, liaisons to City committees and other agencies and committees of Council. The liaison list is prepared by the Mayor after input from Councilmembers.

Mayor Wilson said these appointments are made yearly and will be reaffirmed or considered again next year giving Council an opportunity to reevaluate the appointments.

Cm. Perkins confirmed there would be an opportunity to make adjustments to the liaison list when a new Councilmember is selected.

The City Manager said CCTA is appointed from the Southwest Area Transportation Committee and therefore San Ramon’s representative would be confirmed by that agency.

Cm. Hudson’s motion to accept the list as presented with the amendment to the CCTA appointment was seconded by Cm. Perkins and passed 4-0.

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Mayor Wilson said there were 15 very qualified applicants for the position on the City Council. He recommended that those applicants that were not chosen be open to consideration for other openings on committees and commissions.

Cm. Rowley said the Council had interviewed a great pool of candidates and thanked all of those who applied. She said it was a very difficult decision.

Cm. Perkins thanked those who had applied and said the decision would be difficult.

Cm. Hudson said the nine questions in the 30-minute interviews were very informative. He said it was the best interviewing process he had participated in while on the City Council.

Mayor Wilson asked the students in attendance at the Council meeting what they thought of the process and asked them to give their names.

Mayor Wilson said the successful candidate must receive three votes.

After the ballots were tabulated Mayor Wilson announced that Jim Livingstone had received three votes for Councilmember.

Cm. Perkins motion to appoint Jim Livingstone to fill the remaining term through November 2005 was seconded by Cm. Hudson and approved 4-0.

The City Clerk gave the oath of office to Mr. Livingstone for a term to run through November 2005.

Cm. Livingstone took his seat at the dais.

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Mayor Wilson said the vote taken in the closed session was unanimous to appoint By Athan, City Attorney.

Mayor Wilson thanked Mr. Curry for services rendered to the City and said he would be missed.

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The City Manager announced that Senator Torlakson would be having a conference call on Thursday, January 15 at 12:30 p.m. for anyone interested in receiving an update and providing ideas about budget related developments.

The City Manager said the application for the library grant had been completed and was moving forward to the state. One of the things that would accompany the grant application was a Use Agreement between the City and Contra Costa County. She said there were areas in the agreement that staff was not comfortable with and she wanted feedback from the Council. The agreement states, "the County and City agree the existing building is outdated and inadequate for the current and future library needs of the area served by this library." She said she did not believe the Council had ever made that determination. The second thing was that it would require the City in no instance to provide service at a level less than generally provided at any branch libraries in the County library system. She expressed concern that this may be too restrictive if the Council chose to reduce services. The third area of concern states " for any reason should the County and City terminate the lease of the new library during the term of this agreement or fail to enter into a lease for the new library, the City agrees it shall maintain and operate the new library as a public library for the term of the agreement." She said this is also an area for review as budget deliberations begin this year.

The City Manager said this agreement was not part of the library grant application package and would not hold up the process. She also confirmed she would put her concerns in writing for the Council.

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Cm. Livingstone said he was honored to be part of the Council and to serve the citizens of San Ramon. He said he did not have an agenda other than to make common sense decisions that benefit the entire City of San Ramon and that was what he intended to do.

Mayor Wilson said there was confusion about the Council packets last Friday and he would like to summarize a memo clarifying the situation. He said for the past two years the Council packet had been prepared and delivered to the Council on the Thursday before the Tuesday meeting. He said after the November election he had instructed staff to return to the Friday preparation and delivery schedule for the packets. He said to alleviate concerns regarding the availability of the agenda and the packet, the City Clerk’s office will be preparing agenda packets for distribution to the Council and the e-packet for web publication on Friday.

Mayor Wilson said the impact of the Governor’s 2004/2005-budget proposal would hit San Ramon for approximately $437,000. He said the Council and staff would be very proactive to try and reduce this amount.

Cm. Hudson said there was going to be a serious choice made on the alternative selected for the EIR for the extension of Measure C bond money. He recommended the Council review the alternatives because they would be voting on them. He said the Council had scheduled a Measure C workshop on January 22 to discuss this issue.

Cm. Hudson said the Council needs to make a decision as soon as possible on what is to be done with the $55,000 that is owed the Tri-Valley Convention and Visitors’ Bureau (CVB) if the City wants to be part of the Convention and Visitors’ Bureau the second half of the fiscal year. He said currently San Ramon is no longer a member of the CVB and asked that this issue be agendized at the earliest possible time.

Cm. Hudson said last Tuesday he had specifically asked that this Council convene to closed session to consider, what he considers to be, an urgent item. He said the previous Council failed to take care of its contractual agreement to render a performance evaluation of the City Manager. He made a motion that the Council convene to closed session. He also said there is another issue at stake here, when a Councilmember, any Councilmember, asks to put an item on the agenda, that item goes on the agenda. He said failure to put it on in his opinion was insubordination and grounds for termination with cause and he was going to pursue it but not that night. He concluded by saying that night the urgency exists that we have to fulfill our contractual agreement and start the evaluation.

Cm. Hudson made a motion that there are findings to validate that this is an urgent matter and that Council would convene to closed session to start the process moving.

Cm. Perkins seconded the motion.

Mayor Wilson said he felt the issue should be discussed in closed session to allow for the evaluation process to proceed.

The motion passed 5-0.

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There being no further business to come before the City, at 8:45 p.m. the Council adjourned to closed session.

Signed:
H. Abram Wilson, Mayor
Judy Macfarlane, City Clerk

Approved: January 27, 2004