A regular meeting of the City Council of the City of San Ramon was held on July 13, 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: Interim City Manager Byron Athan, Public Works Director Joye Fukuda, Finance Director Greg Rogers, Police Chief Kathy Samuels and City Clerk Judy Macfarlane

* * * *

After calling the meeting to order, the Mayor said the Council had met in closed session to discuss the following issues, 1) pursuant to Government Code §54956.8 to confer with the City’s Real Property Negotiator, Greg Rogers regarding APN 213-130-066 – no action was taken. 2) pursuant to Government Code §54956.9 to confer with its legal counsel regarding pending litigation – no action was taken. 3) pursuant to Government Code §54957 to discuss the position of Human Resources Director – a motion was made by Cm. Hudson to authorize the Mayor to sign an employment contract with Ms. Cheryl Mitchell-Wade, seconded by Cm. Perkins and passed 5-0. 4) pursuant to Government Code §54957 – a motion was made by Cm. Hudson and approved unanimously to appoint Herbert Moniz, City Manager, effective upon approval and execution of an employment contract. 5) pursuant to Government Code §54957.5 to confer with the acting Labor Negotiators, Greg Rogers and Jeff Eorio – no action was taken.

* * * *

Cub Scout Troop 841 – Walt Disney School – led Council, staff and those in the audience in the pledge of allegiance.

* * * *

Mayor Wilson presented a proclamation to Erica Reed, Crime Prevention Specialist, designating August 3, 2004 as "National Night Out 2004".

Mayor Wilson presented a proclamation to Carol Lopez, Parks and Community Services Commissioner, declaring July Park and Recreation Month.

The Interim City Manager introduced Dona Hoard, the City’s new Interim Economic Development Manager and gave her a City pin.

Mayor Wilson introduced Herb Moniz, the City’s new City Manager, and gave him a City pin.

* * * *

By Council ballot David Ernest, John Hunt, Carol Lopez and Thomas McNamara were selected to fill the vacancies on the Parks and Community Services Commission.

By Council ballot Jeff Tomasich was selected to be the student member on the Parks Commission.

Cm. Hudson’s motion to appoint Mr. Ernest, Mr. Hunt, Ms. Lopez and Mr. McNamara to the commission for terms to run through June 2008 and Mr. Tomasich the student member for a term to run through June 2005 was seconded by Cm. Livingstone and passed 5-0.

By Council ballot Donna Kerger, Bob Patrino and Dennis Viers were selected to fill the vacancies on the Planning Commission.

Cm. Hudson’s motion to appoint Ms. Kerger, Mr. Patrino and Mr. Viers to the Planning Commission for terms to run through June 2008 was seconded by Cm. Livingstone and passed 5-0.

* * * *

Harry Sachs congratulated the new Council on their achievements over the last eight months and said keep up the good work.

Roz Rogoff spoke about the sewer spill in her neighborhood and read a letter that had been sent from Supervisor Greenberg and Mayor Wilson to the Board of Directors of the Central Contra Costa Sanitary District regarding the issue. She said if the City receives money from fines she felt one of the first priorities should be a thorough independent safety study of the sewer.

* * * *

After making a correction to the June 22, 2004 minutes, Cm. Hudson made a motion to approve the amended minutes.

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

* * * *

Cm. Hudson asked to have item 8.9, extension of Contra Costa’s Transportation Sales Tax, pulled for a separate vote.

Cm. Livingstone’s motion to approve the following Consent Calendar was seconded by Cm. Hudson and passed 5-0.

Register of Demands as presented by City Treasurer.

Quarterly Construction Change Order Report – 4^th Quarter FY 2003/04.

Resolution No. 2004-90 – Authorizing the Mayor to execute an agreement with the Department of the Army regarding Dougherty Road Roadway Easement/Acceptance/ Camp Parks Frontage.

Resolution No. 2004-91 – Releasing the One-Year Warranty Security for Public Improvements in Subdivision 8345 (Braddock & Logan, Terrazzo Unit #1).

Resolution No. 2004-94 – Authorizing the Mayor to execute an amendment to the agreement with EDAW, Inc. for preparation of the Northwest Specific Plan.

Resolution No. 2004-95 – Authorizing the Mayor to execute an agreement with Cooper, Crane & Rigging for Creek Dredging in an amount of $172,000 and authorizing an additional 10% contingency amount of $17,200 for a total authorized amount not to exceed $189,000 (CIP 8417).

Resolution No. 2004-96 – Authorizing the City Manager to execute an agreement with the Town of Danville, the City of Dublin, the City of Livermore, the City of Pleasanton and the Tri-Valley Business Council to coordinate and share the use of Spatial Data and other information technologies for planning, management and public safety purposes.

Resolution No. 2004-98 – Authorizing the Mayor to execute the Memorandum of Understanding between the Contra Costa Transportation Authority and the City of San Ramon; and the transfer of Tri-Valley Transportation Development Fee and Southern Contra Costa Regional Fee funds pertaining to the construction of the I-680 Auxiliary Lanes Project.

* * * *

Cm. Hudson said Measure C has been a long, drawn out, hard fought battle over how to spend $2 billion of taxes over the next 25 years starting in 2009. He said he could not support the measure and felt it should have more project orientation.

Bob McCleary, Transportation Authority Executive Director, said the measure attempts to focus on the desires of each sub region. He said they had tried to balance many competing demands and the diverse needs of the county.

Cm. Perkins thanked Mr. McCleary and staff for the many hours of hard work. He said he felt the measure was the best that could be achieved and hopefully it would pass this November.

The Transportation Manager said after many months of negotiations and discussions with the partners in the southwest region, it was believed the measure would provide significant funding for the San Ramon Valley. Staff recommended the Council support the reauthorization of Measure C.

Mayor Wilson also thanked Mr. McCleary and staff, stating we live in a county that is very different as far as needs go and the final outcome was a compromise.

Cm. Perkins’ motion to adopt the resolution supporting the extension of the Transportation Sales Tax was seconded by Cm. Rowley and passed 4-1 (Cm. Hudson dissenting).

Resolution No. 2004-99 – Supporting the extension of Contra Costa’s Transportation Sales Tax, adopting "Findings, Facts in support of Findings and Statement of Overriding Considerations, and approving the Transportation Expenditure Plan.

* * * *

The Transportation Manager said a presentation was made at the last meeting on the "Street Smarts" educational campaign. At that time staff asked for support to implement the program in San Ramon. She said the item for consideration was an appointment to the "Street Smarts" committee.

Mayor Wilson said he would like to appoint Cm. Rowley as the representative and Cm. Livingstone the alternate.

Cm. Perkins’ motion to appoint Cm. Rowley as the primary member and Cm. Livingstone as the alternate to the "Street Smarts" program was seconded by Cm. Livingstone and passed 5-0.

* * * *

Cm. Hudson left the meeting.

* * * *

The Parks and Community Services Director said the Parks and Community Services Commission had recommended that a "Wall of Honor" be established at Memorial Park. He reviewed the guidelines for plaques to be placed on the wall and described the monument.

Carol Lopez, Parks and Community Services Commissioner, reviewed the process used by the commission in coming up with their recommendation for the wall.

Cm. Perkins recommended two changes to the proposed guidelines.

Cm. Perkins recommended for consistency that the facial presentation not be on any of the plaques.

Cm. Livingstone asked what the Parks Commission discussion was regarding the facial feature.

The Parks Director said that feature was added at the Parks Commission meeting due in large part to the testimony of a shop owner from Livermore that presented the granite option. He said the Commission liked the concept of the possibility.

Cm. Livingstone said he concurred with Cm. Perkins, omitting the facial feature would provide consistency.

Cm. Perkins’ motion to adopt the report and the proposed guidelines, items 1, 2, and 4, that the type and style of the plaques be bronze, that the first opportunity to actually install the plaques be done prior to our memorial ceremony September 11, 2004, and change No. 1B to read "paying the ultimate sacrifice in the line of duty as a member of the military or public service personnel".

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

* * * *

The Housing Programs Manager said this was the second of three public hearings held before the City Council to review, discuss and receive input on revisions required by the state to bring the City’s voter approved housing element into compliance with state law. She said the revised Housing Element addresses the state’s five final areas of concern. Staff recommended the City Council consider the report, open the public hearing and continue the public hearing to the final hearing on July 27, 2004.

Cm. Perkins’ motion to continue the public hearing to July 27, 2004 was seconded by Cm. Livingstone and passed 4-0.

* * * *

Cm. Perkins said it was recommended by the Policy Committee to bring forward this item. He continued to say Cm. Hudson was no longer at the meeting and as a result the Council would not have his input on this item. He made a motion to continue the item to the next Council meeting on July 27.

Mayor Wilson said the item was not time sensitive and he felt it was imperative to have Cm. Hudson’s input.

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

* * * *

The City Manager said the Council had received a letter from Don Blubaugh asking them to appoint a member of the City Council to sit on the committee to determine the urban limit line discussions with the county.

Mayor Wilson said that appointment would be made at the July 27 meeting.

The City Manager said in regard to the Open Space Measure, the City has approximately 84 parcels of land in the City of which 20 of them are eligible to vote. He said it was staff’s recommendation that the City Council either recommend adoption or rejection of the ballot measure but not vote the parcels that are owned by the City.

Cm. Perkins asked for clarification on what it is the Council is allowed to do by the Brown Act in reference to the Open Space Measure.

The City Manager replied you are allowed to give instructions to any staff member on how to vote on behalf of the city.

Cm. Rowley’s motion to direct the staff to make a positive vote on the Open Space Measure was seconded by Cm. Perkins and passed 4-0.

* * * *

Cm. Perkins said he was very appreciative that the Central Staff had attended the recent meeting regarding the Larwin Pump station spill, outlining the nature of the accidents and many of their proposed actions. He said it was very important to him as it is to staff to see the reports that will be generated by Central San and their proposed list of actions. It is also very important that they finish the unfinished punch list items from their construction of that station. He said he and Cm. Hudson had met with the DSRSD staff, who expressed concern about the event and offered their assistance in any future spills.

Cm. Perkins complimented the City staff for the successful Ice Cream Social and the excellent 4^th of July Spectacular.

Cm. Livingstone asked the police chief to give an overview on pocket bikes.

The Police Chief said pocket bikes were illegal on public streets and the only place you can ride them is on private property. She also said if they are ridden on public streets they will be ticketed and confiscated.

Cm. Livingstone said he would like to have Officer Brady give the Council an update on Character Counts.

The City Manager said in regard to the Larwin Pump station spill meeting, the City Council and residents in attendance were disappointed that a representative from the Water Quality Control Board had not been able to attend. He said the City Council will be furnished a copy of the report that Central San is presenting to the Water Quality Control Board.

Mayor Wilson spoke about the trash on San Ramon Valley Boulevard from the church up to Bollinger. He said staff was working with the homeowners associations there to rectify the problem.

Cm. Livingstone said that staff was also working on getting the trees trimmed in that area.

Cm. Rowley welcomed the Mayor back from China.

Mayor Wilson said he spent two weeks in China sponsored by the Chamber of Commerce and the Peoples Republic of China. He said he was sent there to promote and encourage trade between the Peoples Republic and the United States with the emphasis on small and medium sized businesses.

* * * *

There being no further business to come before the City, at 8:40 p.m. the meeting was adjourned.

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

Approved: July 27, 2004