MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

October 12, 2004

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

October 12, 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

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Finance Director Greg Rogers, Planning Director Phil Wong, Police Chief Kathy Samuels, Public Works Director Joye Fukuda, and Deputy City Clerk Pat Edwards.

* * * *

Mayor Wilson announced the Council had met in closed session:

(1) pursuant to Government Code §54956.8 to confer with its real property negotiators, Moustefa Kendroud, and Associated Right of Way Services regarding the price of the following identified properties and owners:

(2) pursuant to Government Code §54956.8 to confer with Jeff Eorio, the real property negotiator, concerning the terms of a lease of a portion of the property located at the North East corner of Bollinger canyon Road and Albion Road owned by the San Ramon Valley Unified School District

(3) pursuant to Government Code §54957.5 to confer with Labor negotiators, Jeff Eorio, Greg Rogers, and Cheryl Mitchell Wade, regarding SEIU Local - 790

4) pursuant to Government Code §54056.9(3)(B) to confer with legal counsel regarding settlement offer submitted by former city manager

5) pursuant to Government Code §54956.9 to confer with legal counsel concerning existing litigation: CLD Construction v. City of San Ramon

No action was taken on these items.

* * * *

Boy Scout Jeffrey Spahn, led Council, staff and those in the audience in the pledge of allegiance.

* * * *

Staff noted one addition to the Special Presentations for Jeffrey Span, Eagle Scout.

Police Chief Samuels introduced Officer Michelle Day, San Ramon Police Department employee of the month for August. Mayor Wilson gave her a plaque.

Mayor Wilson presented Jeffrey Spahn with a proclamation acknowledging his achieving the rank of Eagle Scout.

* * * *

Sam Lemon informed the Council that he and others had gone to Channel 30 to discuss the pros and cons of the Even Year/Odd Year Election Issue. He requested a public forum to discuss the pros and cons so that the public would clearly understand what is to be gained and what is to be surrendered.

Hermann Welm expressed concerns regarding changing the election from odd to even years. He felt that in even year elections, so much information is on the ballot that people did not always focus on local issues. He noted that the City would realize a savings but there would be other financial impacts. Currently, candidates need to reach 5,000-6,000 households. With an even year election, they would need to reach 20,000 households. He estimated that candidates would need $30,000-$40,000 to run an adequate campaign. He cautioned the Council that the issue is not as simple as saving money and increasing voter turn out.

Paul Mitchell discussed a hydrology problem at Iron Horse Trail and Iron Horse Utility Corridor. The culverts beneath the cut-across paths are not adequate to divert the water south to the drainage canals. He reported this problem in December 2002 to City staff who referred it to the County. He requested that the Council take responsibility to direct staff to remedy the problem.

Mayor Wilson referred the item to the City Manager.

Steve Liao announced that the San Ramon Presbyterian Church was again sponsoring "Building Bridges", a community-based project addressing the silent needs of the community. In 2003, more than 200 volunteers assisted 25 families in household-based projects. He invited the Council to participate in the 2004 Building Bridges scheduled for Saturday, October 23, starting at 8:00 a.m. Cm. Rowley asked if volunteers could work for part of the day.

Cm. Livingstone asked for information on the Church’s web site. Mr. Liao said it was www.srpc.org.

Mayor Wilson recapped his positive experience with the 2003 Building Bridges and encouraged everyone to help as much as they can.

* * * *

Cm. Livingstone’s motion to approve the minutes of the September 28, 2004 meeting was seconded by Cm. Hudson and passed 4-0 with Cm. Perkins abstained. – he was not present at the September 28 meeting..

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Paul Mitchell asked that the resolution regarding maintenance of the Alcosta Boulevard/I-680 Interchange Project be pulled and commented on the timing of the project’s traffic signals. The report indicates that the State is responsible once the project is completed. As the City is responsible for more than half of the cost of this project, he felt that the City should have more control regarding the signals. He indicated his support in general for the contract.

Mayor Wilson said that the Council would make note of Mr. Mitchell’s comments and that the City Manager and appropriate City staff would address both concerns prior to signing the final contract.

Cm. Livingstone noted that the state’s position regarding the timing of the traffic signal is to eliminate back-ups onto the freeway.

The Director of Public Works indicated that Cal Trans controlled the maintenance agreement when the Bollinger Interchange was constructed.

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

Register of Demands – September 2004.

Resolution No. 2004-134 – Authorizing the Mayor to execute an Amendment to the consultant Agreement with LSA Associates, Inc. for preparation of the Old Ranch Estates Environmental Impact Report.

Resolution No. 2004-129 –Authorizing the Mayor to execute a Freeway Maintenance Agreement with the State of California, Department of Transportation for the Alcosta Boulevard/I-680 Interchange Project (CIP 8144).

Resolution No. 2004-136 – Authorizing the Mayor to execute a Right-of-Way Agreement and accept a Grant Deed from Country View Homeowners Association for a portion of property with an APN 213-140-010 for construction of Crow Canyon Corridor Improvement Projects (CIPs 7114, 7116, 7117, 7127, 7129, 7130, 8125, and 8168) for an amount not to exceed $2,250.

Resolution No. 2004-137 – Authorizing the Mayor to execute a Right-of-Entry with Pacific Gas and Electric Company for a portion of property at 3301 Crow Canyon Road (APN 213-011-002) for construction of Crow Canyon Corridor Improvement Projects (CIPs 7114, 7116, 7117, 7127, 7129, 7130, 8125, and 8168) for an amount not to exceed $1,000.

Resolution No. 2004-142 – Authorizing the City Council to approve payment in the amount of $37,612.46 for professional services to Mark One Visual Communications and an appropriation of funds totaling $39,000 from the Street Smarts Special Revenue Fund.

* * * *

The Planning Director introduced a resolution authorizing the Police Department to enforce traffic laws on the portions of Bollinger Canyon Road and Dougherty Road that are not part of the City at the Dougherty Valley Oversight Committee meetings and public hearings on the Old Ranch project. The City can not enforce the California Vehicle Code unless the owner of the private streets requests it and both Shapell and Windemere have made these requests.

Cm. Hudson’s motion to adopt the resolution authorizing the expenditure of funds was seconded by Cm. Rowley and passed 5-0.

Resolution No. 2004-139 – Authorizing the City of San Ramon Police Department to enforce the California Vehicle Code on private streets in Dougherty Valley.

* * * *

The Finance Director introduced a resolution supporting State Proposition 1A. He recapped the history of Proposition 65 and Proposition 1A and noted that San Ramon has lost approximately $2 million per year as a result of the State’s raid on local agencies. Proposition 1A is a compromise and includes a number of the protections that were included in Prop 65 but allows the State several options in situations of real financial difficulties.

Cm. Hudson noted that the City Council’s policy is not to endorse Measures with the exception of those which are supported by the League of California Cities and the Contra Costa County Mayors’ Conference. There was no mention of this support in the report.

Staff clarified that the League and Mayors’ Conference support Proposition 1A.

Cm. Perkins thanked staff for their report and encouraged citizens to vote for Proposition 1A. This Proposition does not: raise taxes; reduce funding for schools or other state programs; increase funding to local governments it only protects the funding that is due to the City. It also does not prevent the State from borrowing money in fiscal emergencies.

Cm. Hudson’s motion to adopt the resolution supporting Proposition 1A was seconded by Cm. Rowley and passed 5-0.

Resolution No. 2004-135 – City of San Ramon Support for State Proposition 1A, Protection of Local Government Revenues.

* * * *

The Planning Director introduced a resolution endorsing Measure J stated that it would extend Measure C, Contra Costa County’s half-cent sales tax. He noted that Measure C sunsets in 2009. Measure J continues the funding to build and sustain a balanced transportation system through 2034 in the County.

Cm. Perkins requested information on the projects in our local area that would be supported by Measure J.

Staff reported the Measure J funds would be used for the San Ramon Valley School Bus programs, I680 HOV (High Occupancy Vehicles) lane improvements, and other local programs.

Cm. Perkins noted that there is an 18% return to source and these funds are used for the City’s Pavement Management Programs.

Staff reported that the City receives in excess of $500,000 return to source funds annually.

Mary Lou Oliver encouraged the Council to support Measure J. She noted that Measure C has been well managed. Our traffic problems are not improving. She wanted to clarify that Measure J is a continuation of Measure C.

Cm. Rowley observed that Measure J is a continuation of the sales tax not a property tax. She clarified the need to continue this funding in order to be proactive and think of the future rather than waiting until the current Measure C ends.

Cm. Hudson emphasized the need for these funds for improvements within the City. By enabling this legislation, we have the ability to borrow on long range projects at lower rates.

Cm. Livingstone noted that the Fostoria overpass was built with Measure C funds and said it is imperative that we continue this funding.

Mayor Wilson noted that it is important to support Measure J to maintain funding to protect safety, sanity and property values.

Cm. Rowley’s motion to approve the resolution authorizing the submittal of a grant application was seconded by Cm. Perkins and passed 5-0.

Resolution No. 2004-140 – Endorsing Measure J – Extension of Contra Costa’s Transportation half-cent sales tax.

* * * *

The City Manager highlighted under Announcements the Wednesday, October 20, Dougherty Valley Open House at 6:30 p.m. at 9000 South Gale Ridge Road. He invited new and current City residents and said it is an opportunity for the City to explain the services that it provides.

The Mayor encouraged all citizens to attend and learn about the City.

* * * *

Cm. Hudson echoed Mr. Mitchell’s comments and noted the problems of puddles along the trail. He asked that the representatives on the DERWA project become involved to remedy the problem.

Cm. Rowley invited the public to attend the November 14th Danville San Ramon Women’s Club Annual Holiday Fantasy Fashion Show and Luncheon. The proceeds would be used for resuscitators for San Ramon and for Dublin.

* * * *

There being no further business to come before the City, at 7:56 p.m. the meeting was adjourned.

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

Approved:   October 26, 2004