A regular meeting of the City Council of the City of San Ramon was held on February 10, 2004 at 7;00 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

PRESENT: Councilmembers Hudson, Livingstone, Perkins, Rowley and Mayor Wilson.

ABSENT: None

STAFF PRESENT: City Manager Gail E. Waiters, City Attorney Byron Athan, Public Works Director Joye Fukuda, Parks and Community Services Director Jeff Eorio, Finance Director Greg Rogers and City Clerk Judy Macfarlane

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Cm. Livingstone led Council, staff and those present in the audience in the pledge of allegiance.

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Mayor Wilson said the selection of the Parks and Community Services Commissioner and Planning Commissioner would be made in reverse order.

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Mayor Wilson said since 1998 the San Ramon Valley Unified School District and the San Ramon Valley Rotary Club have worked together to produce the Rotary Business Achievement Contest for District High School students.

Mayor Wilson recognized and thanked Like4Design, winners of this year’s Business Achievement Contest for the David Glass House web site.

Mayor Wilson introduced and congratulated Rachelle Davies, Officer of the Year – 2003.

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After Council discussion, Curt Kinney was chosen as San Ramon’s representative to the Tri-Valley Cemetery Task Force and Cm. Hudson as the alternate.

By Council ballot, Thomas Duffy was selected to fill the vacancy on the Planning Commission to serve through June 2004.

Cm. Hudson’s motion to approve the appointment of Thomas Duffy was seconded by Cm. Perkins and passed 5-0.

The City Clerk said Thomas Duffy’s appointment to the Planning Commission created another vacancy on the Parks Commission.

By Council ballot, Dominique Yancey was selected to fill one vacancy to serve through June 2006.

Cm. Hudson’s motion to approve the appointment of Dominique Yancey was seconded by Cm. Livingstone and passed 5-0.

John Hunt was selected for a term to run through June 2004.

Cm. Perkins’ motion to approve the appointment of John Hunt was seconded by Cm. Rowley and passed 5-0.

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Rena Waterson said a request was made at the January 27, 2004 meeting to have the Council place on an upcoming agenda a ballot measure to change the San Ramon elections to even-years. She said the proposal would have the election in 2005 and those elected, both Councilmembers and the Mayor would serve until 2008 and those Councilmembers elected in 2003 would serve until 2006. The only argument that has been heard against the proposal is the perceived lack of focus of the voters in an even-year election when there are a greater number of issues on the ballot. She said the savings by going to even-year elections could help with the City’s projected budget shortfall.

Michelle Cowles announced the "Friends of San Ramon" had launched its own web site. She said the Friends of San Ramon organization was a resource for residents.

Bruce Kern said he was a Director of the Economic Development Alliance for Business, a organization for business, labor and community leaders promoting the East Bay. He summarized the services they are providing to the city that help and extend the resource reach of the city to attract and invest in jobs and the community.

Ed Cheng said he had attended the recent City Council goal setting workshop and wanted to commend the Administrative Services Director and the Finance Director for their contributions to the city. He commended the City Manager for hiring the two employees and supporting their good work. He also spoke about a public/private partnership for the City Civic Center and the proposed library’s place in that project.

Ken Mintz, SBC Communications, spoke about the "Pioneers", a volunteer organization that does hands on work in California and Nevada. He said a conference of delegates from that organization, attended by the Mayor, was recently held in San Ramon.

David Novogrodsky, Executive Director of the Professional and Technical Engineers Local 21, asked the city to go forward with the election for the union and said this is the time everyone should be pulling together.

Roz Rogoff announced her new web log and said it was similar to her old bulletin board where comments could be posted. She said she hoped people would take it seriously and use it for intelligent exchange.

Harry Sachs said he had also attended the Council Goal Setting Workshop and was impressed by the professional decorum and the amount of work that went into the whole day. He said he felt the Council’s decision to seek a public/private partnership for the development of the City Civic Center was very important and would help defray the cost.

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Cm. Hudson’s motion to approve the minutes of the October 28, 2003 meeting was seconded by Mayor Wilson and passed 2-0-3. (Cms. Livingstone, Perkins and Rowley abstained). They were not on the Council on October 28, 2003.

Cm. Hudson’s motion to approve the minutes of the November 13, 2003 meeting was seconded by Mayor Wilson and passed 2-0-3 (Cms. Livingstone, Perkins and Rowley abstained). They were not on the Council on November 13, 2003.

Cm. Hudson’s motion to approve the minutes of the January 27, 2004 meeting as amended was seconded by Cm. Perkins and passed 4-0-1 (Cm. Livingstone abstained). He was not present at the January 27, 2004 meeting.

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Cm. Hudson asked to remove item 8.3, amendments to agreements for turf mowing services, and 8.5, supporting a statewide ballot initiative.

Cm. Perkins’ motion to approve the following Consent Calendar was seconded by Cm. Rowley and passed 5-0.

Register of Demands dated January 2004 in the amount of $1,808,921.05.

Resolution No. 2004-14 – Authorizing the Mayor to execute an agreement with Wagstaff and Associates for professional services to prepare the Old Mill Residential Subdivision Project Initial Study/Mitigated Negative Declaration in an amount not to exceed $44,100.

Resolution No. 2004-20 – Authorizing an Appropriation of $86,000 from the Gas Tax Fund and authorizing the Mayor to execute an agreement with American Cleanway, Inc. for the purchase and installation of a Wastewater Treatment System at the City of San Ramon Service Center, 5000 Crow Canyon Road, in an amount not to exceed $78,724.81.

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The Finance Director introduced Stacey Wells, League of California Cities, and said she would make a presentation on the ballot initiative.

Ms. Wells asked the Council to support a ballot measure that the League believes would add a level of oversight in the State’s ability to take local government revenues to balance its own budget problems. She said the measure would require that the legislature get voter approval before the legislature could pass any budget that shifts local government’s money to solve the state’s budget shortfalls, 2) provides local governments relief from state mandates by making them optional if the state fails to provide the funds needed to carry out the mandated program.

The Finance Director introduced Stacey Wells, League of California Cities, and said she would make a presentation on the ballot initiative.

Ms. Wells asked the Council to support a ballot measure that the League believes would add a level of oversight in the State’s ability to take local government revenues to balance its own budget problems. She said the measure would, 1) require that the legislature get voter approval before they could pass any budget that shifts local government’s money to solve the state’s budget shortfalls, 2) provide local governments relief from state mandates by making them optional if the state fails to provide the funds needed to carry out the mandated program.

Cm. Hudson’s motion to adopt the resolution supporting the ballot measure was seconded by Cm. Perkins and passed 5-0.

Resolution No. 2004-22 – Supporting a Statewide Ballot Initiative to require voter approval before State Government may take Local Tax Funds.

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Cm. Hudson said the contractors for turf mowing services had attended numerous meetings that lasted past 1:00 a.m. and he would not feel comfortable with extending the contracts for three-month increments. He said he would be supportive of awarding one-year contracts.

The Public Works Director said it was staff’s recommendation that Council award the extension to the mowing contracts that would take the City to the end of the fiscal year. As part of the 2004/2005 budget considerations, staff wanted to have the flexibility to evaluate service levels for the upcoming year.

Cm. Perkins’ motion to adopt the resolutions amending the agreements for turf mowing services was seconded by Cm. Livingstone and passed 5-0.

Resolution No. 2004-18 – Authorizing the Mayor to execute Amendment No. 4 with Pacheco Brothers Gardening, Inc. for Turf Mowing Services in City Parks, Area 1, for an amount not to exceed $49,448.

Resolution No. 2004-19 – Authorizing the Mayor to execute Amendment No. 4 with White Oak Landscape, Inc. for Turf Mowing Services in City Parks, Area II, for an amount not to exceed $59,016.

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The Finance Director introduced a public hearing for an addition to the Fee Resolution that would establish a Card Room License Application Fee. He explained the municipal code includes that any new license to establish a card room would not become effective until it has been submitted to the voters. The intent of the fee was to enable the City to recover the cost of holding an election as required by the Municipal Code, noting the cost estimate for a special election was $112,000 and a regular election would be $31,000.

Cm. Perkins’ motion to adopt the resolution adding the card room license application fee was seconded by Cm. Livingstone and passed 5-0.

Resolution No. 2004-16 – Establishing a Card Room License Application Fee.

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The City Manager said consideration of Cm. Perkins’ request that the Council take a recess the week of April 13 had been discussed at the last meeting and continued to this meeting. As background she said the Council last year had instructed staff to develop a policy on a Council recess and to bring the item to Council not later than March 30 each year to determine whether there would be a Council recess. Cm. Perkins had requested this issue be brought to the Council earlier because of the spring break in April and staff added the consideration of the fall break at the same time.

Cm. Hudson said he did not like the idea of planning recesses but if this is the way the Council decides to go then he would like to discuss what is the best spring date.

Cm. Perkins said he felt the work schedule could be adjusted without overloading staff and he would like the Council to consider a recess for the April 13, 2004 meeting.

Cm. Livingstone said he would support the spring break but did not want to consider other breaks during the year at this time.

Cm. Rowley said she could support the spring break but was concerned about the work schedule for the rest of the year.

Cm. Perkins asked the City Manager if she felt the workload could be scheduled before and after a spring break so that the burden would not be too great for either the meeting before or the meeting after.

The City Manager said at this time the Council calendar appeared to allow for a spring break.

Mayor Wilson said there were so many things going on in the city that needed to be addressed and he was opposed to taking time off of the City’s business.

Cm. Hudson agreed with Mayor Wilson and suggested removing the City Council Recess Policy.

Cm. Hudson’s motion to rescind Council Policy No. 2003-1, mandating a City Council Recess was seconded by Mayor Wilson.

The City Manager said the policy was just trying to establish a process whereby a timeframe was established to determine the desire for a recess.

The motion passed 3-2 (Cms. Livingstone and Rowley dissenting).

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The Finance Director said the mid-year review consisted a review of revenues collected and expenditures made during the first six-months of the year and a revised full year estimate. In a power point presentation he covered general fund reserves, revenues and expenditures. He concluded by saying despite all of the things that had happened at the state and local level it appeared the City was looking like it would be better off at the end of the year than when the budget was adopted.

Cm. Perkins asked what activities were being planned for now or in the future to enhance the City’s current financial position or to enhance our position for the next fiscal year.

The Finance Director said staff was trying to develop a balanced budget for the City that would stop the declining position of the City’s reserves and maintain its financial position. He said one of the steps taken was a fairly harsh direction for departments to initially develop budgets that were flat with last year. Other cost cutting measures are also being considered.

Cm. Perkins’ motion to accept the report was seconded by Cm. Hudson and passed 5-0.

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The Parks and Community Services Director spoke about the "Cultural Connection" scheduled for March 7 at the Community Center that will celebrate the diversity of the community. He said restaurants will be selling ethnic foods and there would be performances by a wide variety of different cultures.

Mayor Wilson said the fifth annual Children’s Benefit Concert would be Sunday, February 29 at the Amador Theater in Pleasanton.

Cm. Perkins said he would be absent at the next meeting due to business travel that could not be rescheduled or deferred.

Cm. Hudson said there would be a Measure C Reauthorization meeting on February 26 at Las Lomas High School.

Mayor Wilson announced the City’s Housing Element had been approved by the State.

Mayor Wilson thanked Cms. Livingstone and Rowley for filling in for him at the San Ramon Chamber of Commerce installation luncheon held that day.

The Public Works Director said the Mayor had referred a phone call from a resident regarding the Pine Valley construction, the mitigation measure that is currently under way. She said staff had made contact with the resident and was in the process of investigating the job site.

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There being no further business to come before the City, at 9:45 p.m. the Mayor said the Council would adjourn to closed session pursuant to Government Code 54957 – Personnel Matter and Government Code 54956.9 – Potential Litigation.

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

Approved: February 24, 2004