A regular meeting of the City Council of the City of San Ramon was held on May 11, 2004 at 7:00 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Vice Mayor Hudson presiding.

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

ABSENT: Mayor Wilson

STAFF PRESENT: Interim City Manager Byron Athan, Public Works Director Joye Fukuda, Planning Manager Phil Wong, Parks and Community Services Director Jeff Eorio, Associate Planner Beatriz Duffy, Economic Development Manager David Berger, Finance Director Greg Rogers, Administrative Operations Manager Dorn Driggs, Human Services Director Cheryl Mitchell Wade, Recreation Coordinator Derek Schweigart, Administrative Programs Manager Kevin Carunchio, and City Clerk Judy Macfarlane

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Vice Mayor Hudson led Council, staff and those in the audience in the pledge of allegiance.

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Vice Mayor Hudson said that Mayor Wilson was out of state on a family matter.

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The Planning Manager introduced Reggie Meigs, the City’s new Chief Building Official.
Vice Mayor Hudson welcomed Mr. Meigs and gave him a City pin.

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There was no public comment.

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Cm. Livingstone’s motion to approve the minutes of the April 27, 2004 meeting, was seconded by Cm. Perkins and passed 3-0-1 (Cm. Rowley abstained – she was not present at the April 27, 2004 meeting).

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Cm. Perkins pulled item 8.5, Open Space and Conservation Advisory Committee Work Plan, for discussion.

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

Resolution No. 2004-61 – Authorizing the Mayor to execute Amendment No. 1 to the Agreement with Mark Thomas & Co., for Surveying and Miscellaneous Civil Engineering Services for a time extension from July 1, 2004 to June 30, 2005.

Resolution No. 2004-62 – Authorizing the Mayor to execute Amendment No. 1 to the Agreement with Engeo, Inc. Geotechnical Consulting Services for a time extension from July 1, 2004 to June 30, 2005.

Resolution No. 2004–63 – Authorizing the Mayor to execute Amendment No. 1 to the Agreement with Kleinfelder, Inc. for Geotechnical Consulting Services for a time extension from July 1, 2004 to June 30, 2005.

Resolution No. 2004-64 – Authorizing the Mayor to execute Amendment No. 1 to the Agreement with Kleinfelder, Inc. for Materials Testing and Construction Inspection Consulting Services for a time extension from July 1, 2004 to June 30, 2005.

Ordinance No. 361 – Extending by One-Year the San Ramon Redevelopment Project Area Plan Existing Time Limitations on its Effectiveness, Indebtedness Repayment and Property Tax Increment Receipt pursuant to SB 1045.

Resolution No. 2004-67 – Approving Joint Community Facilities Agreement relating to the Financing of Public Improvements by the ABAG Finance Authority for Nonprofit Corporations Community Facilities District No. 2004-2 (Windemere Ranch).

Resolution No. 2004-70 – Interim Reimbursement Agreement between the County of Contra Costa, Shapell Industries, Windemere Ranch Partners and the City of San Ramon to reimburse the City of San Ramon for costs incurred within County Service Area (CSA) M-29 through Fiscal Year 2002-03.

Resolution No. 2004-06 – Landscaping and Lighting District No. 1984-1 Authorizing the Appropriation of $9,864.41 from the Special Assessment Zone and Deerwood Reserve Fund and authorizing reimbursement to the Deerwood Owners Association.

Register of Demands – dated April 2004 in the amount of $1,988,361.41.

The Associate Planner gave the background of the committee, its charge and described some of their upcoming projects.

Ellen Rosenbluth, committee chair, spoke about seven tasks that correlate to either something on the committee charge or one of the policies listed in General Plan 2020.

Cm. Rowley said a lot of the committee’s goals and aspirations had already been before the Parks Commission and asked if they had been working through the Commission to establish the contacts.

Ms. Rosenbluth replied the committee was beginning to do that and she had been attending the Parks Commission meetings. She also confirmed that she and other committee members had been attending meetings regarding the Open Space Measure scheduled for the November ballot.

Cm. Perkins said items regarding storm water and air quality issues were not in the work plan.

Ms. Rosenbluth said at a committee meeting City staff had reported what programs were on-going and what needs there were but staff had noted at the present time they thought they had it in-hand.

Cm. Perkins said he felt the City needed to be more proactive in terms of waste management, energy conservation, water quality and a number of the programs. He asked that the work plan be adjusted to include more of those things.

Vice Mayor Hudson said he was thinking the same thing. He recommended taking the original charge from the Environmental Affairs Committee to a Policy Committee meeting and make sure all issues are included in the Open Space Committee work plan.

He said he would like someone from the committee to take the seat he is holding on the Iron Horse Trail Advisory Committee.

Vice Mayor Hudson said the item would be continued until after the Policy Committee had met.

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The Finance Director said for consideration was a resolution establishing fees and charges for FY 2004-05. He said the fee resolution was reviewed each year by all departments and amendments and additions were consolidated in the yearly update. He said if the fees and charges are approved it would result in an additional $410,000 of revenues in the next fiscal year which goes a long ways in removing expenditures and assisting in closing out a budgetary gap.

Cm. Perkins asked about the relationship of San Ramon’s fees to the California Building Code.

The Building Official said the agencies that establish those fees were in transition and the fees currently in use were outdated.

Cm. Perkins asked if San Ramon’s fees would be nearly equal to the two or three year old standard of California Building codes.

The Building Official replied it was more like the seven-year old code standard.

No one spoke during the public hearing.

Cm. Livingstone’s motion to approve the fee resolution was seconded by Cm. Perkins and passed 4-0.

Resolution No. 2004-56 – Approving Fees and Charges for Fiscal Year 2004-05.

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The Administrative Operations Manager introduced a public hearing regarding the extension of the City’s Solid Waste Franchise Agreement. He said the City has the discretion to extend the agreement for an additional 24 months and has two opportunities to do this with each extension for a 12-month period. Staff recommended the agreement be extended for an additional 12-months and increase the collections fees approximately 5% this year and up to an additional 5% for 2005-06.

No one spoke during the public hearing.

Cm. Perkins confirmed the original contract was dated 1997, the CPI change since 1997 was 24.1% and there have been no changes in San Ramon’s garbage collection fees since 1997.

Cm. Livingstone’s motion to approve the resolution authorizing an extension of the solid waste franchise agreement was seconded by Cm. Perkins and passed 4-0.

Resolution No. 2004-68 – Authorizing the Mayor to extend the Solid Waste Franchise Agreement with Valley Waste Management for One Additional Year and increase Solid Waste Collection Fees by 5% for FY 2004/05 and up to an additional 5% for FY 2005/06.

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The Parks and Community Services Director introduced the annual report of the Community and Youth Resources Program and said the report had been prepared Chris Chamberlain, Program Manager, Patrick Bowen, Police Services Youth Resource Officer and Derek Schweigart, Recreation Coordinator.

The Youth Resource Officer and Recreation Coordinator gave an overview of the San Ramon Community and Youth Resource Program stating it was a collaborative program between San Ramon Police Services and San Ramon Parks and Community Services.

Cm. Perkins’ motion to accept the report was seconded by Cm. Rowley and passed 4-0.

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The Administrative Programs Manager introduced a proposal for acquisition of a second canine for the Police Department. He said the proposal calls for the police services department to pay for the second canine by accepting donations from the community and applications for grants. He said the canine currently in the department had responded to 49 incidents in the City and 21 incidents in neighboring jurisdictions. The biggest factor affecting the cost of acquiring a second canine is the decision regarding whether or not to acquire a second dedicated canine patrol car. He concluded by saying if the Council supports acquiring a second canine it is staff’s recommendation that the police department be authorized to begin accepting donations and applying for grants for that purpose and if desired staff would report back to the Council with a report on fund raising efforts.

After Council questions and discussion, Cm. Perkins made a motion to authorize the police department to proceed with finding funding sources to support a second canine and report back to the Council in two or three months at the likelihood of success so that we can proceed on the program.

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

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The Administrative Operations Manager said the City has been on the West Nile issue with Contra Costa County and one of the components that needed to be done was establish some administrative citation procedures for the City. He said this ordinance would allow the City, when there is a situation of non compliance, to establish a process that can be followed that would have some financial incentives to get things corrected in a timely fashion. The process also allows for someone receiving a citation to have a hearing.

No one spoke during the public hearing.

Cm. Perkins asked what violations other than issues relating to water and West Nile virus would fall under this procedure.

The Administrative Operations Manager said the administrative citation process can not be used for Building Code violations. He said the process might be used for an extension built in the City’s right-of-way or an adjoining easement and some of the code enforcement in the neighborhood preservation program.

Cm. Rowley’s motion to introduce the ordinance amending the City’s Municipal Code and waive the reading was seconded by Cm. Livingstone and passed 4-0.

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The Planning Manager said the item was a proposal to amend the Home Occupation Permit (HOP) review and approval provisions of the Zoning Ordinance. The proposal was taken to the Planning Commission last month and concerns were expressed in regard to noticing. He explained the streamlining process would review home based businesses. He said other types of applications such as child care, large family day care and group home facilities which would trigger a land use permit still would require proper noticing and a public hearing process.

Vice Mayor Hudson opened the public hearing.

Melody Lundgren said if this ordinance passes she would like the Planning Commission to be very alert to the few times that a permit may be requested that could impact the surrounding neighborhood.

Vice Mayor Hudson confirmed what was being considered was the Zoning Administrator items and all others would go through the normal process.

The public hearing was closed.

Cm. Perkins asked what type of public notification would there be with each permit.

The Planning Manager said notification would be posted on the City’s web site and published in the newspaper. The information could also be posted in the City’s public facilities.

Cm. Perkins asked if a citizen becomes aware of a home occupation use about which they have a concern, what would be the process after it has been approved to review it.

The Planning Manager said after approval if there has been any violations of the permit the neighborhood preservation officer would be instructed to investigate.

Vice Mayor Hudson confirmed anybody could appeal decisions of staff to the Planning Commission and then to the City Council.

Cm. Livingstone’s motion to approve the introduction of the ordinance amending the home occupation review process and schedule the adoption of the ordinance for the May 25, 2004 City Council meeting was seconded by Cm. Rowley and passed 4-0.

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The Interim City Manager said the Policy Committee had recommended an advisory vote be held to determine the preference of the electorate regarding changing the elections from odd numbered years to even numbered years. He said if the vote is affirmative it would be up to the City Council to determine whether the elections should shorten the term of the City Council or to extend it. He said if the vote is in the negative there would be no need for any further action.

Vice Mayor Hudson opened the public hearing.

Jim Blickenstaff said for an advisory vote to solve the issue he felt it should specify the process of shortening or lengthening terms. He recommended the advisory measure be more explicit and less vague so the voters understand what they are voting for.

Roz Rogoff said the Council has to make it very clear that they are not going to give themselves longer terms.

Melody Lundgren said some adjustment of the Councils’ terms has to take place in order to move from odd to even years. She said what is of concern was the voters would not have the benefit of knowing before hand what they are voting on, what method will be used to accomplish the change if the measure is passed. She said if the Council approves a ballot measure for November that is advisory to even year elections, it should at least describe the method for accomplishing the change should the measure be passed so the voters will have all the necessary information in order to make an informed decision.

Sam Lemon said while he was not opposed to changing to even year elections however he believed there are aspects of such a change that have not been thoroughly considered. He discussed issues regarding a change including voter turnout and election expense. He concluded by saying if there is to be a ballot question placed before the voters, an advisory vote is the much more preferable alternative.

Cm. Perkins asked if it were possible to add a sentence that would state that the advisory measure would not lead to a term extension for any Councilmember.

Cm. Livingstone said the quality of the person is lost in the shuffle in even year elections and he felt even year elections for municipal government was wrong.

The public hearing was closed.

The City Attorney said to make it simple he left the prerogative of setting the election up to the City Council. He said the way it is written the issue is isolated, do you want odd-numbered years or even-numbered years. With that issue settled the City Council will follow the wishes of the electorate and conduct public hearings regarding the method.

Cm. Perkins said he would like to see the matter settled once and for all and he did not support extending terms to make the switch.

Cm. Rowley said it would be more difficult to raise the money needed in an even year election.

Vice Mayor Hudson’s motion to adopt the resolution submitting the advisory measure to the voters was seconded by Cm. Perkins and passed 3-1 (Cm. Livingstone dissenting).

Resolution No. 2004-71 Submitting Advisory Measure pertaining to changing Municipal Elections from odd numbered years to even numbered years.

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Vice Mayor Hudson called for a five-minute break.

Councilmembers Livingstone, Perkins, Rowley and Vice Mayor Hudson were present when the meeting reconvened.

The Human Services Director said at issue was the representation unit configurations for the employee bargaining groups. She said Local 21 had requested mediation proceedings concerning the City Council decision to uphold San Ramon mid-management association’s appeal of February 24 which placed the recreation coordinator in the mid management association’s group and excluded the senior inspector. As ruled by the February 24 decision of the City Council upholding the appeal of the mid management association it was decided it was in the best interests of the City and should stand unchanged. At the March 18 mediation session Local 21 presented three alternative proposals to the Employee Relations Officer for consideration.

Jimmy Manibusan expressed concern regarding statements he had read in the newspaper stating that the City leaders were having problems with members of the police department regarding the union issue.

Norma del Mercado said she represented the supervisory and professional unit at BART and all of the members were mid managers, supervisors and professionals. She urged the Council to reconsider allowing these employees to be represented. She said there is no danger in them not being able to function and do their work just because they become union.

Pam Aguilar, president of the Central Labor Council, asked that Council go back to the original bargaining unit that Local 21 put together. She asked that the City and Local 21 move forward together for the sake of the employees.

Duane Reno also expressed concern about what he had read in the newspapers. He said the rules state that employees who have a community of interest should be in the same bargaining unit. He said if there are some classifications of employees who are very similar in the duties they perform and the authority they have to other classifications of employees, those employees all have to be in the same bargaining unit otherwise there is not a valid appropriate mix and that is what their complaint is. He said there are a number of classifications that are in the same unit as the recreation coordinator unit and they should be in the same unit but the City Council was only asked to move one of those classifications, the recreation coordinator class to the management unit and left all of the other classes in the other unit. He said in his view that creates an untenable unit composition. He said they proposed a three unit configuration that they felt satisfied all of the rules. One would be the original unit that Local 21 proposed and that the City agreed would have an election. Ms. Mitchell Wade came up with a second configuration that was appropriate and they advised the Council that that configuration would be acceptable to Local 21 but moving the recreation coordinator class from one unit to the other would screw it all up. The third unit that they proposed would be a unit based on employees by department and that would be acceptable because it would be consistent with the City’s group.

Vice Mayor Hudson said his intention in signing the letter from the Council was to let people know that they had absolutely no intention of touching the City employees’ health benefits. He said there was no animosity between him and the union. He said he thought the appeal was of the decision of the Council approving the recreation coordinators request to be in mid management.

The City Manager said Mr. Reno had stated the issue. There were two unions involved and that appeal was heard by the City Council and there were certain transfers of personnel. That appeal decision was appealed and the City went to mediation and as part of the mediation procedure Mr. Reno withdrew the objection providing that the City would consider three alternatives that he proposed. He said it was up to the Council to decide if Mr. Reno had overcome the reasonableness of the City’s decision initially.

Mr. Reno reviewed the process to date. After considering what would be other ways of moving classes around that would satisfy everybody they came up with three alternatives. He said it was their hope that the Council would adopt one of the alternatives and get on with the process.

Cm. Rowley said it was her intention to support employees in whatever decision they make. She said it was the purpose of the letter to state that the Council really values City employees and there were no plans to cut any of the benefits.

Vice Mayor Hudson said he did not see the benefit to overturn the appeal decision and take the people that wanted to be in mid management and put them back where they didn’t want to be. He said he would be voting to deny this appeal.

Cm. Perkins asked the City Attorney if it was his opinion that the bargaining units as outlined in the March 30 letter from the City to Mr. Reno were consistent with the rules and reflect consistent bargaining units.

The City Attorney said there are some classifications that are black and white and are very easy to make. The issue with the recreation coordinators was right on the boundary line and could go either way. He said all three of the proposals made by Mr. Reno comply with the City’s ordinance and it is the Council’s interpretation as to which they think is the more accurate representing the employees and the bargaining unit they can be in.

Cm. Rowley said she felt that the final decision of the Employee Relations Manager was reasonable and logical and she agreed with it.

Cm. Rowley made a motion to deny the appeal based on that the decision of the Employees Relations Manager was reasonable and logical.

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

* * * *

Vice Mayor Hudson reported on the following issues:

TVTC – the most important issue was the Nexus Study scheduled to come out sometime this year because it is going to raise the fees.

ABAG - there had been a discussion regarding the need for affordable housing.

Mayors’ Conference - it was discussed that the problem was going to be when Measure C is decided is going to be the urban limit line. He said he did not see the urban limit line as something the cities are going to agree on.

SWAT - the urban line was discussed.

Long Beach Conference - there is a conference in September in Long Beach that he would strongly suggest the Council consider.

CCCTA – he had asked for a study session with the County Connection for all Councilmembers to take a look at the transit study. He said one of the problems they had run into with County Connection is when they look at the amount of money that San Ramon has contributed, for some reason it seems to have Bishop Ranch not included in the numbers.

I-580 Study – the idea of BART down I-580 died last week. He said there is study to do a truck lane down the Altamont.

Cm. Perkins said the All Wars Memorial is an all Valley memorial to be built in Danville and it should be completed in time for Veterans Day this year.

The City Manager spoke about different aspect of the City’s budget and said it would be delivered to the Council the next day.

The City Manager also said that San Ramon would be hosting the Tri Valley City Council and said if there were any items for the agenda to give them to his assistant by the next day.

Cm. Rowley recommended the meeting be adjourned in memory of Mayor Wilson’s mother who recently passed away.

There being no further business to come before the Council at 10:00 p.m. Vice Mayor Hudson adjourned the meeting in the memory of Mrs. Wilson.

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

Approved: May 25, 2004