A regular meeting of the City Council of the City of San Ramon was held on April 27, 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

ABSENT: Councilmember Rowley

STAFF PRESENT: Acting City Manager Byron Athan, Public Works Director Joye Fukuda, Economic Development Manager David Berger, Planning Manager Phil Wong, Parks and Community Services Director Jeff Eorio, Finance Director Greg Rogers, Associate Planner Beatriz Duffy, Parks and Community Services Division Manager Esther Lucas, Lighting and Landscaping Analyst Sandy Barlow and City Clerk Judy Macfarlane

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The California High School Winter Guard led Council, staff and those in the audience in the pledge of allegiance.

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The Mayor announced the passing of Gerald Rowley, Councilmember Rowley’s husband.

The Mayor also announced that San Ramon resident Lance Cpl. Kyle Crowley was killed in Iraq. He said the Council meeting would be adjourned in Mr. Rowley and Mr. Crowley’s memory.

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The L&L District Analyst introduced proclamations recognizing April 2004 as Keep California Beautiful Month and April 30, 2004 as Arbor Day.

Mayor Wilson recognized Chevron/Texaco for their annual sponsorship of City programs and events. Esther Lucas, Joyce Gunn - Library Foundation, Mark Ballock - Arts Advisory Committee and, Don Emerson - Senior Advisory Committee also thanked Chevron/Texaco and presented tokens of appreciation.

Bill Meine, Parks and Community Services Commission Chair, spoke about the many awards received by the Parks and Community Services Department from the California Park and Recreation/Community Services Awards of Excellence Program.

Mayor Wilson congratulated the recipients of the awards and thanked staff for their excellent work.

Mayor Wilson recognized and congratulated the California High School Winter Guard for their participation at the International Music Festival in Oahu and their successful year of competition. Certificates of recognition were presented to Keri Gravette, Brianna Bower, Kathryn Carr, Joanna Derickson, Katie Fracolli, Darrian Frommoethelydo, Erica Glaser, Kathryn Glaser, Lisa Hirt, Meaghan Krakoff, Marie Mailander, Elyse Mottaz, Meredith Perkins, Tara Season and Sera Sweatt.

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The Division Manager said there were seven vacancies on the Arts Advisory Committee and five applications had been received by the April 9 deadline. She said after interview the Parks and Community Services Commission was recommending Katya Balan, student member. Mark Ballock, Terry Cunningham and Terry King be appointed for terms to run through April 2006.

Cm. Hudson’s motion to approve the appointments to the Arts Advisory Committee as recommended by the Parks Commission was seconded by Cm. Livingstone and passed 4-0.

The Division Manager said there were five vacancies on the Senior Advisory Committee and three applications had been received by the April 9 deadline. After interview the Parks Commission recommended Francis Majerus, Garrett Allison and Joan Ernst for approval with terms to run through April 2006.

Cm. Hudson’s motion to approve the appointments to the Senior Advisory Committee as recommended by the Parks Commission was seconded by Cm. Perkins and passed 4-0.

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Michelle Cowles said the "Friends of San Ramon" web site was up and running and said all comments were welcome.

The Parks and Community Services Director introduced Rich Rolls, chair of the San Ramon Valley Youth Safety and Development Committee and Mary Ann Gagan, co-chair of the Youth Safety and Development Committee.

Ms. Gagan gave a history of the Coalition for Youth Safety and Development and the makeup of the committee. She also reviewed the process used to come up with the 35 recommendations presented to the group and the programs implemented from the recommendations.

Mr. Rolls said a community summit was being developed to educate the public and community leaders about the 40 developmental assets and assist the lead agencies to come up with action plans to be by with the organizations to implement the developmental assets.

Cm. Hudson said when he was on the committee a priority that had not been implemented was to add a teen center to any gymnasium or similar facility. He also said he would attend the community summit.

Toby Brink, San Ramon Chamber of Commerce, spoke about the successful I-680 Business Symposium held the past week. He also gave an update on the "Shop San Ramon" program, stating there were over 50 special offers associated with the program.

Mr. Brink thanked the City Council and staff for their diligence and openness to discuss the Transient Occupancy Tax and a fair and balanced initiative to meet the needs of the citizens and the business community.

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Cm. Perkins’ motion to approve the minutes of the March 23, 2004 meeting was seconded by Cm. Livingstone and passed 4-0.

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Cm. Livingstone asked to pull item 8.6, Fee Resolution, from the consent calendar.

Cm. Perkins pulled item 8.10, "Sentinels of Freedom", for a separate vote.

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

Register of Demands dated March 2004 in the amount of $1,732,341.48

Quarterly Construction Change Order Report – Third Quarter FY 2003/04

Quarterly Investment Report (Period ending March 31, 2004

Resolution No. 2004-50 – Authorizing the Mayor to execute Amendment No. 3 to the Agreement with ALTRANS Transportation, Inc. for the Transportation Demand Management (TDM) Program in an amount not to exceed $17,552.

Landscaping and Lighting District No. 1984-1 – Resolution No. 2004-54 Approving the FY 2004/05 Engineer’s Report, Adopting a Resolution of Intention to Levy and Collect Assessments for FY 2004/05 and set Public Hearing for May 25, 2004.

Resolution No. 2004-58 – Adopting Findings to commit funds in the City’s Traffic Improvement Creek Mitigation, and Drainage Mitigation Funds for the period ending June 30, 2003.

Resolution No. 2004-59 – Authorizing the Mayor to execute a Lease Agreement with Metro PCS Wireless for use of the San Ramon Senior Center as an Antenna Lease Site.

Geologic Hazard Abatement District No. 1990-01 (GHAD) – Fiscal Year 2004/05 Engineer’s Report and Resolution of Intention to Order Assessments and set public hearing for May 25, 2004.

Solid Waste Franchise Agreement – Schedule public hearing for May 11, 2004 to consider extending the Solid Waste Franchise Agreement with Valley Waste Management for an additional year, increase Solid Waste Collection Fees by 5% on July 1, 2004 and up to an additional 5% on July 1, 2005.

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Cm. Perkins said he had asked the Resolution approving the Sentinels of Freedom be pulled and read separately. He said as a member of the Armed Forces Reserve this was very important to him and everyone was aware of the sacrifice that all of the service people in the United States make for their country. After reading the resolution he made a motion for adoption.

The motion was seconded by Cm. Livingstone and approved 4-0.

Resolution No. 2004-60 – Approving the "Sentinels of Freedom Program – Operation Welcome Home" in the City of San Ramon.

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Cm. Livingstone said he had asked to pull the resolution regarding the City’s fee resolution and would like to ask staff to provide the Council information dealing with comparative figures of other cities in the area as to what San Ramon is charging for fees of all kinds and the last time the City raised the fees.

Cm. Hudson asked staff to provide information to Council before the next meeting if there are any large ticket items or improvements so that we stay within the budget.

Toby Brink, San Ramon Chamber of Commerce, said businesses realize the need to raise fees to balance the budget but it is important to look at the impact of the increased fees and extent to which we increase them and how that will affect not only businesses here in San Ramon but businesses looking to relocate to San Ramon.

Cm. Livingstone’s motion to set the Fee Resolution public hearing for May 11, 2004 was seconded by Cm. Hudson and passed 4-0.

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Annual Report – General Plan 2020

The Associate Planner introduced the General Plan 2020 Implementation Work Plan and Schedule – Annual Report. She said it served, 1) to insure timely implementation of the City’s General Plan, 2) to document the City’s efforts in implementing the General Plan and, 3) identify City staff, current and future, in General Plan implementation strategies and therefore serve as a work plan document for the General Plan. She summarized major items that have been completed or were currently underway. Staff recommended that the Council receive the report and direct staff to forward it to the Governor’s office of Planning and Research and the Department of Housing and Community Development as required by state law.

Cm. Perkins asked if there were any areas of the General Plan in staff’s opinion that were falling behind schedule.

The Associate Planner said it had been one of the primary goals of the Community Development Department to make sure that all major tasks of the General Plan are implemented in a timely manner.

Cm. Livingstone asked staff to comment on the Housing certification.

The Planning Manager said the Housing certification was looking good. He said the Planning Commission would be considering it at their next meeting and would forward a recommendation to the Council. He said if the Housing Element is approved by the Council and certified by the state it will be the first Housing Element the City has had since becoming a City. It means a lot to the City in obtaining return to source monies and that kind of thing.

Mayor Wilson asked if there were a procedure that would automatically let everyone know if there are concerns so that they could be addressed immediately.

The Planning Manager said the Planning Commission has held two public hearings with another one scheduled for May 4 and there have been very few comments.

Cm. Hudson’s motion that the City Council accept the General Plan 2020 Implementation Strategy and Work Plan was seconded by Cm. Livingstone and passed 4-0.

Cm. Hudson made a motion to direct staff to forward the General Plan 2020 Implementation Strategy and Work Plan to the Governor’s Office of Planning and Research and the Department of Housing and Community Development to demonstrate the City of San Ramon’s General Plan implementation efforts in accordance with California Code.

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

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Submit Transient Occupancy Tax to Voters

The Finance Director said the Finance Committee and staff were recommending approval of a resolution calling for a Special Municipal Election on November 2, 2004 for the purpose of submitting an increase in the Transient Occupancy Tax (TOT) to the voters. The current City TOT is 7.25% and the draft ballot measure would become effective January 1, 2005 and increase the tax .75% to a total of 8% and annual increases of .5% would be authorized beginning in January 2006 until the total tax rate reaches 10%. He said a passage of a measure such as this would provide much needed revenue to help balance the budget and maintain City services. He said after discussions with the business community it was hoped this tax proposal would be structured to mitigate some of the impacts on the business community.

Cm. Hudson said the people that would be hurt the most by this measure are on-board and recommended going forward with the process.

Cm. Perkins thanked staff, the Chamber of Commerce, the hotel industry and the business community for participating in helping draft the TOT measure in a manner that supports the City’s needs without significant impact on the business community or the hotel industry.

Paul Mitchell asked the Council to reconsider increasing taxes on anybody and said he had spoken in the past in opposition of any taxes that are not clearly defined.

Cm. Livingstone said in a round about way this tax would be taking advantage of the City’s visitors because they do not get to vote, they just get to pay and he sympathized with Mr. Mitchell’s point. He also said he felt the homework had been done and staff had worked very well with the community to make the increase palatable.

Cm. Hudson’s motion to approve the resolution submitting an increase in the TOT to the voters on November 2, 2004 was seconded by Cm. Perkins and passed 4-0.

Resolution No. 2004-55 – Submitting an increase in the Transient Occupancy Tax to the Voters at a Special Municipal Election on November 2, 2004.

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Ordinance – Extending Time Limits on San Ramon Redevelopment Plan

The Economic Development Manager introduced an ordinance that would extend by one year the current dates that the San Ramon Redevelopment Plan sunsets as well as extending by one-year the existing time limits in the Plan, debt repayment and collection of tax revenues. He said normally extension of a Redevelopment Plan’s time limits on effectiveness, indebtedness repayment and property tax increment receipt would require triggering of a major plan amendment process. However SB 1045 as a partial mitigation for the fact that that Bill took additional revenues from the Redevelopment Agency, gave the City Council the ability to extend time limits by one-year by ordinance.

Cm. Hudson’s motion that the City Council introduce an ordinance that would extend by one-year the existing time limits on the San Ramon Redevelopment Area Plan and waive the reading was seconded by Cm. Livingstone and passed 4-0.

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Cm. Hudson said the Measure C workshop was scheduled for May 1 at the Concord Sheridan at 8:30 a.m. – noon. He said he would be reiterating the City’s position on major priorities at that meeting.

Mayor Wilson said this is an important meeting and the entire Council would be attending.

Cm. Hudson said he attended a meeting with Shelter Inc. and the scary fact is that every city in the county has homeless and that was an issue that was not going to go away.

Cm. Livingstone thanked all the volunteers in San Ramon and said awards were presented to volunteers at a recent event. He said it was wonderful to be recognized by the state for all of the City’s award winning parks and recreation programs.

Mayor Wilson thanked the residents and staff that had sent cards and letters to him in regard to his parents.

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There being no further business to come before the City, at 8:45 p.m., Mayor Wilson adjourned the meeting in memory of Dr. Gerald Rowley and Lance Cpl. Kyle Crowley.

After a moment of silence Mayor Wilson said the Council would convene in closed session, 1) pursuant to Government Code §54957 to discuss the position of City Manager, 2) pursuant to Government Code §54956.9(a) to meet with Legal Counsel concerning existing litigation – Davidon v. City of San Ramon, 3) pursuant to Government §54956.9(b) to meet with Legal Counsel concerning potential litigation and 4) pursuant to Government Code §54957.6 to confer with its labor negotiator Ms. Mitchell-Wade – Agency Negotiator regarding Local 21 (Organization).

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

Approved: May 11, 2004