MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held December 14, 2004 at 7:00 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Vice Mayor Hudson presiding.

PRESENT: Councilmembers Livingstone and Rowley and Vice Mayor Hudson.

ABSENT: Councilmember Perkins and Mayor Wilson.

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Planning Director Phil Wong, Assistant Engineer Chris Low, Associate Engineer Rod Wui, Police Chief Kathy Samuels, Transportation Manager Lisa Bobadilla, and City Clerk Judy Macfarlane.

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Vice Mayor Hudson announced the Council met in closed session pursuant to Government Code 54956.9 to confer with the City Attorney and consider offer of settlement made by a former employee and said direction was given to staff.

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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 asked to continue the Nomination and Selection of Vice Mayor and the approval of the November 23, 2004 meeting minutes to the December 20, 2004 meeting.

It was the consensus of Council to continue the items.

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A proclamation recognizing January 2005 as "Volunteer Blood Donor" Month was presented to Kay Crull, CEO for the American Red Cross Blood Services Northern California Program by Vice Mayor Hudson.

A plaque was presented to Office Matt Thoma, Police Officer of the Month for September 2004, by the Police Chief.

Officer Dave Roach, Police Officer of the Month for October 2004, was presented a plaque by the Police Chief.

The Police Chief also introduced Officer Allen Shields, Police Officer of the Month for November 2004, and gave him a plaque.

Vice Mayor Hudson thanked the officers for their exemplary service and congratulated them on their awards.

Vice Mayor Hudson presented a plaque to Alex Smith and thanked him for his 20 years of service to the City of San Ramon.

Vice Mayor Hudson introduced Planning Director, Phil Wong, and gave him a plaque thanking him for 20 years of service to the City of San Ramon.

Vice Mayor Hudson read a proclamation congratulating Lonnie Martin on his retirement from the City and thanking him for his more than 18 years of service.

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The Transportation Manager said at the recent Southwest Area Transportation (SWAT) committee meeting representation on the State Route 24 Transit Capacity Study was discussed. It was decided that the San Ramon SWAT representative should represent the San Ramon Valley on the Study Committee. She said that SWAT had recommended Councilmember Hudson be appointed to represent the San Ramon Valley jurisdictions.

Cm. Rowley’s motion to appoint Cm. Hudson to the State Route 24 Transit Capacity Study Policy Advisory Committee was seconded by Cm. Livingstone and passed 3-0.

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Toby Brink, San Ramon Chamber of Commerce President, thanked the Council and City for its support of the Chamber Awards and Installation dinner recently held at the Community Center.

Donna Kerger thanked Planning Director Phil Wong for the many years of service he has given to the City and the Planning Commission.

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Vice Mayor Hudson said he had received a speaker card asking that item 9.2, Approving the Final Map for property located at 1941 San Ramon Valley Boulevard be removed from the Consent Calendar.

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

Register of Demands – as presented by the City Treasurer (Period ending November 30, 2004)

Resolution No. 2004 – 156 – Authorizing the Mayor to execute Amendment No. 1 to the Agreement with T. Y. Lin International/CCS (formerly d.b.a. CCS Planning and Engineering, Inc.) for Engineering Consulting Services for the Dougherty Road Alignment Study for a time extension from December 31, 2004 to December 31, 2005.

Resolution No. 2004 – 157 – Authorizing the Mayor to sign Cooperative Agreement No. 43.00.90 between Contra Costa Transportation Authority and the City of San Ramon for a total of $196,764 in Transportation Funds for Clean Air (TFCA) and $133,873 in Measure Carpool funds for FY 2004-2005 to implement the City of San Ramon – Southwest Area Transportation (SWAT), Transportation Demand Management (TDM) programs.

Resolution No. 2004 – 159 – Authorizing the Mayor to execute an Amendment to the Consultant Agreement with EDAW Inc. for preparation of the Northwest Specific Plan.

Resolution No. 2004 – 160 – Repealing Resolution No. 88-73 and Adopting by Reference Sections 18702.5 and 18730 of Title 2 of the California Code of Regulations Pertaining to Conflict of Interests.

Resolution No. 2004 – 161 – Certifying the Canvass Conducted by the County Clerk for Measure U and Measure V in the Election held on November 2, 2004.

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Hassan Sharifi said he was not opposed to the approval of the final map but wanted a condition. He said he owned the neighboring property and there was a problem of erosion of dirt onto his property because a wall that should have been installed when the property was developed was not. In addition to the dirt all over, he said there was a safety issue. He asked the City to enforce the requirement for a wall.

Vice Mayor Hudson said that staff would verify that a wall was required.

Public Services Director said the conditions associated with the final map have been met and staff was recommending the Council adopt the resolution approving the final map. She said with respect to Mr. Sharifi’s concerns, this was an item that goes back to 1994 which predates the final map approval on the agenda. She said a letter had recently been received a letter signed by the property owner and agent committing them to installing the wall with a bond to insure the wall installation.

Cm. Livingstone’s motion to adopt the resolution with the addendum stated by the Public Services Director was seconded by Cm. Rowley and passed 3-0.

Resolution No. 2004 – 155 – Approving the Final Map for Minor Subdivision MS 901-04 located at 1941 San Ramon Valley Boulevard (Miroljub and Melanie Radojkovic).

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The Planning Director said the purpose of the General Plan Amendment was to correct a mapping error. He said there have been several General Plan updates which include policies, text amendments and the map. He explained the scale on the map is so small it is very difficult to get every line on the map correct. He said rather than making an administrative map change he felt it was better to go through this process. After going to the Planning Commission an amendment is required to go before the City Council with three public hearings.

No one spoke during the public hearing.

Vice Mayor Hudson said the second public hearing on the amendment would be held on January 11, 2005.

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The Associate Engineer said in February 2003 the Contra Costa Countywide NPDES Permit was amended to include how new development and significant redevelopment treats stormwater runoff. He said to implement and comply with the new revised permit staff has coordinated with the municipalities of the Clean Water Program to develop new development criteria. He said a guidebook was being developed and was in draft form and was scheduled to be finalized in January 2005 and will be implemented in February 2005.

Cm. Livingstone asked for the short version of what a developer will really have to do to comply with the new requirements.

The Associate Engineer said when a developer comes in for permits they will be made aware that significant changes may be required of their site due to fact they may be required to implement a storm water feature.

Vice Mayor Hudson confirmed there was a working committee still in place. He said he would like to see as many people as possible involved in this process.

Cm. Livingstone’s motion to accept the report was seconded by Cm. Rowley and passed 3-0.

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The Associate Engineer introduced an ordinance adding a revised chapter to the Municipal Code regarding Stormwater Management and Discharge Control. He said the City’s current Stormwater Management Ordinance No. 287 was based on a Countywide model based on the Cleanwater Program and was adopted in 1996. The City’s Permit was recently amended by the Regional Water Control Board which regulates how the City of San Ramon’s Clean Water Program complies with the Cleanwater Act. He said in order to implement and comply with the new revised permit staff will need to perform a number of tasks including revising the Municipal Code as necessary to implement the new requirements. The most significant revision to the ordinance is the requirement that all new development projects meet the criteria of the stormwater guide book. He recommended the Ordinance be introduced and a public hearing held.

Cm. Rowley’s motion to introduce the Stormwater Management and Discharge Control Ordinance was seconded by Cm. Livingstone and passed 3-0.

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The City Manager said that staff was requesting the City Council schedule a special meeting on Monday, December 20, 2004 at 7:00 p.m. and announce the cancellation of the regular City Council meeting scheduled for December 28, 2004 at 7:00 p.m.

Vice Mayor Hudson’s motion to schedule a Special City Council meeting on Monday, December 20, 2004 and cancel the regularly scheduled for City Council meeting scheduled for December 28, 2004 was seconded by Cm. Livingstone and passed 3-0.

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Cm. Livingstone said he has worked with the Planning Director, Mr. Wong for a number of years and he is an exemplary employee for the City. He congratulated him on 20 years with the City and said he hoped he would have many more years with the City.

Vice Mayor Hudson agreed with Cm. Livingstone and said the good ones have a way of not only listening to you but they are teaching you and looking for that opportunity to show you just a little bit more.

Cm. Rowley thanked Phil for his positive attitude and his can do demeanor with everything that goes on.

Vice Mayor Wilson said the Southwest Area Transportation Committee had replaced Karen Stepper with Newell Arnerich from Danville. He said that Ms. Stepper had represented San Ramon as well as Danville throughout the proceedings for Measure J. She was an absolute professional and deserves our commendation. He also said at the last SWAT meeting they voted to split up $100,000 of T plus money six ways so that San Ramon will receive an equal share with the rest of the cities in SWAT. He said this money could possibly initiate a project or program that pertains to livable communities.

Vice Mayor Hudson said that he and Mayor Wilson had attended two dinners, one of which was the BFW dinner and he would strongly urge the Council to attend them next year. He said the dinners go a long way in networking not only throughout the Valley but also the East Bay.

Vice Mayor Hudson said this was the City Clerk’s last meeting and asked her to sit in the Mayor’s seat and adjourn the meeting.

The City Clerk thanked the Vice Mayor for appointing her as Mayor for a minute. She said it has been a pleasure and being Mayor for a minute was as close as she would come to elected office.

The City Clerk said there being no further business to come before the City, at 8:04 p.m. the meeting was adjourned.

Signed:

H. Abram Wilson, Mayor
Judy Macfarlane, City Clerk

Item 11 – New Business

Item 11.4 - Discussion of cancellation of the December 28, 2004 Council meeting.

The item was announced by Vice Mayor Hudson who asked if a staff report was available.

The City Manager responded that this would be an oral report consisting of two parts: (1) staff requests that the Council schedule a special meeting on Monday, December 20, 2004 at 7:00 p.m., and (2) announce the cancellation of the regular City Council meeting on Tuesday, December 28, 2004.

Vice Mayor Hudson made the motion that this item be moved to the December 20^th meeting and that the Council would take it up at that time.

The City Manager corrected the Vice Mayor and said that the motion should be "to schedule a special City Council meeting on Monday, December 20, 2004 at 7:00 p.m. and announce the cancellation of the regular City Council meeting of December 28, 2004."

Vice Mayor Hudson said "So moved". Cm. Livingstone seconded the motion. The motion carried 3-0.

Vice Mayor Hudson remarked that if we didn’t cancel the meeting on December 28^th, he could not imagine how staff reports could get out by Thursday, December 23^rd and "That’s why we’re discussing this on the 20^th."

Approved at the December 20, 2004 City Council Meeting 3-0, Perkins and Wilson abstain.