MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

November 23, 2004

A regular meeting of the City Council of the City of San Ramon was held November 23, 2004 at 7:00 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

PRESENT: Councilmembers Livingstone, Perkins and Mayor Wilson

ABSENT: Councilmembers Hudson and Rowley

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Planning Director Phil Wong, Assistant Engineer Chris Low, City Engineer Maria Robinson and City Clerk Judy Macfarlane

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Mayor Wilson announced the Council met in closed session pursuant to Government Code §54956.9 to meet with the City Attorney concerning facts and circumstances that might result in litigation but which the City feels are not known to potential plaintiff or plaintiffs and said no action was taken.

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April Gray led the Council, staff and those in the audience in the pledge of allegiance.

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Mayor Wilson thanked the Small Business Expo Sponsors; ANG Newspapers, Bank of Walnut Creek, Sunset Development, California Businesses for Sale, ChevronTexaco, ClubSport of San Ramon, Cornish & Carey Commercial, Erik’s Deli Café, San Ramon Marriott, SBC and Shapell Industries. He presented proclamations to the sponsors who were present.

The Planning Director introduced Ryan Driscoll, Planning Specialist.

The Planning Director introduced Brian Lindblom, Code Enforcement Officer.

Mayor Wilson welcomed the new employees and gave them City pins.

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Carol Lopez said on behalf of the Dublin/San Ramon Women’s Club she would like to extend their thanks and appreciation for all of the support for the "Holiday Fantasy" fashion show held recently. She said the proceeds from the event would buy Auto-pulse Resuscitators for the Cities of Dublin and San Ramon.

Toby Brink announced on December 1, 2004 at the Community Center the Chamber of Commerce was holding its 20^th annual City Awards Dinner and Board installation. He also spoke about a Business Book Club that meets in the Chamber Board Room and encouraged anyone interested to attend one of the sessions.

Joyce Gunn, San Ramon Branch Librarian, gave a photo presentation on summer and fall activities at the library.

Cm. Perkins asked when the new library opens in Dougherty Valley did Ms. Gunn anticipate splitting the programs between the two libraries or would the programs be expanded to each of the libraries.

Ms. Gunn said they were in the process of assessing the available room and neighborhood and they would have a better idea at a later date.

Mayor Wilson asked Ms. Gunn to consider the "Dad and Me" program at the new library. He commended Ms. Gunn for her innovative programs each year, especially the Jazz Programs.

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Mayor Wilson said because there were two Councilmembers absent that evening he would like to continue the selection of Vice Mayor to the next meeting or when all five of the Councilmembers are present.

Cm. Perkins’ motion to continue the item until the full Council is present for a meeting was seconded by Cm. Livingstone and passed 3-0.

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Cm. Livingstone’s motion to approve the minutes of November 9, 2004 meeting was seconded by Cm. Perkins and passed 3-0.

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Cm. Perkins asked that item 9.3, Amendment No. 5 to an agreement for additional Engineering Services for the Alcosta Boulevard/I-680 Interchange Project. be pulled from the consent calendar for a staff report.

The Assistant Engineer introduced the item as an amendment to the agreement with Parsons Brinckerhoff in the amount of $93,000 for continued construction support and the generation of computer generated drawings for the Alcosta Boulevard/I-680 Interchange project. He said over 50% of the project was complete and the anticipated completion date is late April or early May 2005.

Cm. Perkins’ motion to approve the following Consent Calendar was seconded by Cm. Livingstone and passed 3-0.

Register of Demands – as presented by the City Treasurer (Period ending October 31, 2004).

Resolution No. 2004-149 Authorizing the Mayor to execute Amendment No. 5 to the Agreement with Parsons Brinckerhoff for additional Engineering Services for the Alcosta Boulevard/I-680 Interchange Project (CIP 8144) for an amount not to exceed $93,000.

Resolution No. 2004-150 Designating a Board Member and Alternate Board Member to the Contra Costa County Municipal Risk Management Insurance Authority.

Resolution No. 2004-151 Authorizing the Mayor to execute an Agreement with Pacific Municipal Consultants (PMC) for Professional Planning Services

Resolution No. 2004-154 Authorizing the Mayor to execute Amendment No. 1 to the Agreement with Frazier Tile for the demolition and removal of the ceramic tile at the San Ramon Aquatic Park in an amount not to exceed $15,000.

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The City Clerk said the City Council wears many hats and they would consider the next two items in their role as the Geologic Hazard Abatement District Board.

The City Engineer introduced a resolution authorizing the Mayor to enter into a License and Indemnification Agreement with Shapell Industries for open space parcels in the Gale Ranch area of Dougherty Valley.

Mayor Wilson confirmed this project would be accepted without the completion of the landscaping and asked the City Engineer to comment.

The City Engineer said the GHAD will accept the property and maintain it for GHAD purposes and the landscaping will continue to be maintained by Shapell until such time that it is reviewed and accepted by County and eventually by the City. She said the responsibility will not be with the City nor will it be with the GHAD, it will remain with Shapell which means that the GHAD will be held harmless during that period of time.

Tom Simonson, Shapell Industries, said the Assistant Engineer had come to him about a year and a half ago requesting an Indemnification Agreement and it seemed very logical and thoughtful on staff’s part so they had moved forward with it.

Cm. Perkins’ motion to adopt the GHAD resolution for Gale Ranch was seconded by Cm. Livingstone and passed 3-0.

Resolution No. 2004-152 – Geologic Hazard Abatement District No. 1990-01 (GHAD) Authorizing the Mayor as Chair of the Board to enter into a License and Indemnification Agreement with Shapell Industries for Gale Ranch (Shapell Industries/Gale Ranch)

The City Engineer said in May 2003 the GHAD Board approved the acceptance of 238 acres of open space in the West Branch development. Since the acceptance staff has been performing routine monitoring and maintenance on the facilities that prevent, abate, mitigate or control geologic hazards. She said Shapell has fulfilled the conditions as specified in the GHAD Annexation Agreement for approximately 28 acres of open space parcels and has requested the GHAD accept these parcels under the terms of the annexation agreement. The cost associated with the acceptance of the open space will be approximately $14,000 for FY 2004/2005 and is in the approved GHAD budget.

Cm. Perkins’ motion to adopt the GHAD resolution accepting ownership of certain open space parcels in Gale Ranch was seconded by Cm. Livingstone and passed 3-0.

Resolution No. 2004-153 – Geologic Hazard Abatement District No. 1990-01 (GHAD) Accepting ownership of certain open space parcels in Subdivisions 8131, 8132, 8189 and 8254 and an Access Easement in Subdivision 8132 (Shapell Industries/Gale Ranch.

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Cm. Livingstone said he would like to reiterate his interest in having Officer Brady make a presentation to the City Council on the "Character Counts" program.

Cm. Perkins said he hoped Navy beats Army in the upcoming football game.

Mayor Wilson wished everyone a Happy Thanksgiving.

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There being no further business to come before the City, at 7:55 p.m. the meeting was adjourned.

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

Approved:   December 14, 2004