A regular meeting of the City Council of the City of San Ramon was held on March 23, 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 and Mayor Wilson. Councilmember Rowley arrived during the meeting.

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, Planning Manager Phil Wong, Administrative Services Director Cheryl Mitchell-Wade, Division Manager, Public Works Department Dorn Driggs, Transportation Manager Lisa Bobadilla, Transportation Specialist Steven Spedowfski, District Engineer Maria Robinson, Parks and Community Services Division Manager John Skeel, and City Clerk Judy Macfarlane

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Ed Cahill led Council, staff and those present in the audience in the pledge of allegiance.

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The City Clerk said the April 5th Southwest Area Transportation Committee listed on the agenda had been changed to March 29.

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By Council ballot Harvey Riggs and Gordon Kimber were selected to serve on the Transportation Advisory Committee.

Cm. Hudson’s motion to approve the appointment of Mr. Riggs and Mr. Kimber to the Transportation Advisory Committee was seconded by Cm. Livingstone and passed 4-0.

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Roz Rogoff spoke about the "Character Counts" symposium sponsored by the San Ramon Soroptimists and the value of the program. She presented a proposed Code of Conduct she was recommending for the Council.

Cm. Perkins spoke about Officer Gwen Brady and the work she was doing with the Character Counts program in the schools.

Donna Kerger spoke about the Fashion Show and Tea sponsored by the San Ramon Senior Center on April 3. She also spoke about a project that was a partnership between the Senior Center and the San Ramon Regional Medical Center called "the vial of life". She described the project as a cassette to be placed on the top of the refrigerator for easy access by emergency medical personnel that contained the family’s medical history.

Toby Brink described the upcoming I-680 Business Symposium scheduled for April 22, 2004 at the San Ramon Valley Conference Center.

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Cm. Hudson’s motion to approve the minutes of the March 9, 2004 meeting was seconded by Cm. Livingstone and passed 4-0.

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Cm. Perkins’ motion to approve the following consent calendar was seconded by Cm. Hudson and passed 4-0.

Resolution No. 2004-46 – Adopting the Tri-Valley Transportation Council Strategic Expenditure Plan.

Annual Audit Report for the City of San Ramon and San Ramon Redevelopment Agency for the Fiscal Year Ending June 30, 2003.

Resolution No. 2003-47 and 2003-48 – Authorizing the Mayor to execute Amendment No. 5 to the Agreements with White Oak Landscaping, Inc. and Pacheco Brothers Gardening, Inc. to provide additional sports turf mowing services for a total amount not to exceed $12,600.

Resolution No. 2004-49 – Authorizing the Mayor to execute an Agreement between the City of San Ramon and the San Ramon American Little League, San Ramon National Little League and Canyon Creek Little League for reimbursement of an amount not to exceed $12,600 for providing additional mowing services.

Resolution No. 2004-44 – Ordering the District Engineer to prepare and file an Engineer’s Report for Landscaping and Lighting District No. 1984-1 for FY 2004/05.

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The Division Manager introduced a public hearing of an ordinance authorizing the City Council to grant authority to Governmental Entities to issue Administrative Citations. He said the West Nile Virus had recently been introduced to California and the Contra Costa County Mosquito and Vector Control District has requested the City support them in combating the spread of the disease.

Cm. Livingstone said while he totally supported the concept he had concerns about the way the ordinance is written. He said the ordinance did not address standing water in the rear yard and he felt it should cover the entire property.

The City Manager said the enforcement issue in accessing the backyard should also be addressed.

The City Attorney said that issue is addressed in the City’s ordinance pertaining to nuisances. He reviewed wording that would make the desired change to cover backyards.

Cm. Hudson asked if symptoms would be seen in horses, dogs and cats.

Craig Downs, General Manager for the Contra Costa Mosquito and Vector Control District, said West Nile Virus affects a lot of different animals because nobody in the country has been exposed to the virus before so there is natural immunology to it. He said the horse community is being made aware of the vaccine that is available. He said at this point there is not a vaccine for household pets and they do not seem to be affected like horses and some of the birds.

Dick Vesperman, San Ramon representative to the Vector Control District, recommended the City adopt the ordinance.

Mayor Wilson closed the public hearing.

Cm. Hudson’s motion to adopt the ordinance as amended was seconded by Cm. Livingstone and passed 4-0.

Ordinance No. 359 – Amending the Municipal Code by expanding the definition of a Public Nuisance and authorizing the City Council to grant authority to other Governmental Entities to issue Administrative Citations.

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The Planning Manager introduced a public hearing for an ordinance modifying the appointment process for the City’s Architectural Review Board (ARB). He said that staff believes the Planning Manager is the appropriate person to make the recommendation to the City Council as to who sits on the ARB, noting that architectural review is a program under the umbrella of the Planning Division.

No one spoke during the public hearing.

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

Ordinance No. 360 – Modifying Appointment Process of Architectural Review Board (ARB) Members.

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Councilmember Rowley arrived.

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The Transportation Manager introduced an item regarding speed humps on Westchester Drive. She said the Transportation Advisory Committee (TAC) had recommended the approval of speed humps in September 2003. She summarized the process and the warrant criteria used to determine the need for speed humps.

Jeff Baker thanked the City for the program and said it was an excellent way to take care of a problem situation.

Tim Burke said although he did not live on Westchester he was in support of the speed humps. He said he hoped there would be better success with speed humps on Westchester to slow down the traffic than they have on Veracruz Drive. He said the City had a fiduciary responsibility to control the speed in the City better than it is now.

Lou Santucci spoke about the drivers speeding on Westchester and recommended the speed humps be installed.

Tom McClean, Vice Chair of the TAC committee, said the committee had voted unanimously to recommend the speed humps be installed.

Robert Kennedy said there were three courts that have to use Westchester to exit the area. He said a straw poll of the neighbors in the area show that more people do not want the speed humps. He said a poll was not taken of those that would be affected.

Eric Vejby said Westchester Drive is a speed street for students and commuters and the traffic calming features proposed are necessary.

Michael Madrieres spoke of the reasons why he passed petition for speed humps. He said this is a school zone and people must slow down.

Cm. Livingstone said he wanted the Council to know this was an area that is not meeting the City’s response time for emergency vehicles and speed humps would make it worse.

The Transportation Manager said post studies show that there is a decrease in speed on streets where speed humps have been installed.

The Transportation Specialist said on Veracruz Drive there was an overall reduction of five mph. He said what is noticed is that the percentage of people doing 50, 45 and 40 mph drops dramatically.

Cm. Hudson said something has to be done on Westchester and it met the warrants so he would be supporting staff’s recommendation for speed humps.

Mayor Wilson said there are speed humps on his street and they work.

Cm. Perkins’ motion to approve the installation of speed humps on Westchester Drive in accordance with the plan approved by the Transportation Advisory Committee was seconded by Cm. Hudson and passed 5-0.

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The District Engineer said in 1990 the Environmental Protection Agency established regulations governing stormwater pollution that were reinforced by the Regional Water Quality Control Board. She said the Contra Costa Flood Control District formed a Stormwater Utility Area for each county jurisdiction and collect and disperse stormwater assessments. She said the proposed resolution would establish a rate of $35 per equivalent runoff unit for FY 2004/05. She said property owners would be assessed for this amount through their tax bills.

Cm. Hudson’s motion to approve the resolution establishing the rate for FY 2004/05 was seconded by Cm. Rowley and passed 5-0.

Resolution No. 2004-45 – Establishing a Rate of $35 per Equivalent Runoff Unit for FY 2004/05 for the National Pollutant Discharge Elimination System (NPDES) Stormwater Program and requesting the Contra Costa County Flood Control and Water Conservation District (Flood Control District) to adopt an Annual Parcel Assessment.

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The Administrative Services Director introduced the item and said it was on the agenda with a request for authorization to modify the salary range of the senior inspector classification. She said there is an urgent need in the Building Department to fill a position that has been vacant for over a year and noted San Ramon’s top salary for this position was $607 less than the average of the 12 cities surveyed. She also said there are seven positions in the City in this classification.

Cm. Hudson confirmed this item had not gone to the Finance Committee.

Mayor Wilson asked if a one-time signing bonus had been considered and did any of the cities in the survey do this.

The Administrative Services Director said that San Ramon had not considered a one-time signing bonus and none of the cities in the survey did either for this classification.

Cm. Hudson said there are other classifications that would be looking at this and he would prefer this go to Finance Committee.

Mayor Wilson said he felt there were concerns that needed to be evaluated before a decision is made and since there is time, the issue should go to the Finance Committee and come back to the Council with a recommendation by the next meeting. He said that was his motion.

Cm. Perkins seconded the motion and it passed 5-0.

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The Public Works Director summarized an informational report regarding the management of Crow Canyon Gardens pursuant to the City Council’s direction to take over the management responsibilities for the gardens. She listed the four program areas established by staff.

The Parks and Community Services Division Manager described programs including the community gardens and said feedback from the community gardeners would be solicited.

Mary Molle, Oakland resident, said she was a new community gardener and she loved Crow Canyon Gardens. She recommended a variety of gardening techniques and said the community gardeners need to work together as a team.

Del Nagel spoke about the interpretation and enforcement of community garden rules at Crow Canyon Gardens. She discussed some concerns of the community gardeners and said she hoped they could be resolved to everyone’s satisfaction.

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

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The City Manager announced to the public that staff would be providing the first look at the 2004/2005 budget on Tuesday, March 30 at 5:30 p.m.

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Cm. Perkins asked the City Council to consider adopting the Sentinels of Freedom Welcome Home Program presented to the Council two weeks ago. He said as a member of the Armed Forces Reserve he felt strongly that we need to support our returning servicemen and women.

Cm. Livingstone’s motion that Council consider this item at a future meeting was seconded by Cm. Hudson and passed 5-0.

Cm. Perkins said the California High School Color Guard Drill Team took first place in their last two competitions, in Vallejo and Livermore and three first place finishes in their competitions.

Cm. Perkins said he would be missing the April 13th meeting because his son Michael, a lieutenant in the Navy, was graduating with his masters degree in Engineering and would be awarded his diploma in Washington D.C. on April 14th.

Cm. Hudson said it was good news that the County Connection was still rolling and hopefully an extension of Measure C, the half-cent sales tax, will help to alleviate the District’s financial problems. He said the Council, staff and Transportation Advisory Committee members need to be at all of the expenditure plan meetings.

Cm. Hudson said he would like to have added to the agenda a closed session for the City Manager evaluation.

Cm. Perkins’ motion to add a closed session to the agenda for continuation of the City Manager evaluation was seconded Cm. Livingstone and passed 5-0.

Cm. Rowley thanked all of the people who put on the well-attended Youth to Youth Conference. She also thanked Officer Brady and the police and fire teams who put on the "Character Counts" informational meeting for community members.

Cm. Rowley thanked staff for the Dougherty Valley "Meet and Greet" event held on March 22.

Cm. Rowley said that she had attended the Arts Council and San Ramon Drama Company presentation of Evening at the Improv.

Cm. Hudson reminded the audience that there is an election on April 13th and encouraged everyone to vote and come the City Council meeting.

Mayor Wilson said there had been a ground breaking that afternoon for the new facilities in Dougherty Valley, the library, the community center and the police substation. He said they will be completed mid next year.

There being no further business to come before the City, Mayor Wilson said the Council would adjourn to closed session, 1) pursuant to Government Code §54957.6 for the City Council to review its position and instruct Ms. Mitchell-Wade, its representative and 2) pursuant to Government Code §54956.9 to meet with legal counsel concerning potential litigation.

Signed

H. Abram Wilson, Mayor
Judy Macfarlane, City Clerk

Approved: April 27, 2004