MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held April 26, 2005 at 7:11 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Sgt. Paul O’Mary, Parks and Community Services Director Jeff Eorio, Public Works Director Joye Fukuda, Finance Director Greg Rogers, Transportation Division Manager Lisa Bobadilla, Chief Building Official Reggie Meigs, and Interim City Clerk Patricia Edwards.

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Sgt. Gwen Brady led the Council, staff, and those in the audience in the pledge of allegiance.

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Mayor Wilson asked if there were any changes or additions to the agenda. The Interim City Clerk requested two additions to the agenda: Item 4.8 Recognition of Sgt. Gwen Brady and Item 10.4 Report of Damage to the All Wars Memorial Monument. Vice Mayor Livingstone’s motion that both items came up after the agenda was published was seconded by Cm. Hudson and passed 5-0. Vice Mayor Livingstone’s motion that action has to be taken at this time and to add these two items to the April 26, 2005 City Council agenda was seconded by Cm. Hudson and
passed 5-0.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The Interim City Clerk noted one correction that the Planning Commission will meet on Tuesday, May 3, and not on Wednesday, May 4, 2005.

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Mayor Wilson presented the Arbor Day proclamation to Bob White, Senior Building Inspector.

Mayor Wilson presented the Volunteer Appreciation Week Proclamation to Lois Holeman and R. Nathan Greene.

Recognition of R. Nathan Greene, Forest Home Farms Volunteer, Outstanding Volunteer Award from the California Parks and Recreation Society District III.  Parks and Community Services Director, Jeff Eorio, recognized R. Nathan Greene for his volunteer efforts at Forest Home Farms. Mayor Wilson presented Mr. Greene with a plaque and thanked him for his service. Mr. Greene acknowledged that this award is possible because of the support of City staff and wonderful San Ramon Valley volunteers. He added that at the original awards ceremony, the comment was made that volunteers are "uncompensated". He stated that the smiles and thanks from the people we serve is the compensation we receive.

Mayor Wilson presented the plaque to Lois Holeman, President. Ms. Holeman thanked Teri Mountford and the City for this award. Mayor Wilson thanked the Foundation for their support to the City.

Carol Lopez, Chair, Parks and Community Services Commission, presented the plaque to Mayor Wilson. Ms. Lopez remarked that this program is one example of department staff’s innovative ideas. She noted that program rewards is a common tool in the public sector but is a novel approach for private application. The Go Card is a unique marketing tool. She encouraged San Ramon residents to join and take advantage of the program.

Mayor Wilson presented Bob White with a plaque and thanked him for his knowledge, experience and superior service to the San Ramon community. He noted that the City benefited from Mr. White’s human, caring touch. Mr. White acknowledged the help of fellow department personnel and noted that they were successful because of team work.

A representative of the Contra Costa Mosquito and Vector Control District was unable to attend so the proclamation will be mailed to the County office.

Mayor Wilson presented a proclamation and flowers to Sgt. Gwen Brady. Sgt. O’Mary presented her with a plaque. Mayor Wilson acknowledged Sgt. Brady’s influence in the lives of the students that she has touched through the Character Counts! Program. He thanked her for her service, leadership and her responsibility as a teacher to influence the lives of her students. Sgt. Brady said she will miss the City and thanked the Council for her recognition.

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Beverly McAdams thanked those attending the April 25, 2005 photo exhibit at Mudd’s Restaurant. The exhibit will continue for three more days and highlights the Ecuadorian rain forest problems resulting from oil pollution. She remarked that she is proud to have Chevron/Texaco as a neighbor and requested that they be a good corporate citizen. She invited the public to join the rally on Wednesday, April 27, at Chevron/Texaco

Comments from Humberto Piaguaje and Carmen Perez of Amazon Watch were translated for the Council. They informed the Council that the oil contamination and resulting illness problem is worsening. They remarked that they are appearing to get justice for their country and hope that Chevron/Texaco will remediate the situation. They thanked those in the community who made their visit possible.

Diane Schinnerer informed the Council that three new weekly publications are planned: Danville Weekly, Devil Mountain Weekly and Danville Times. She is concerned that San Ramon is being omitted and encouraged the Council to contact the Contra Costa Times regarding this omission.

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Cm. Perkins requested clarification from staff regarding the traffic comments on page five, line 32. The Interim City Clerk noted that she had not been able to secure clarification prior to this meeting. Cm. Perkins’ motion to continue the April 12, 2005 minutes to the May 10, 2005 meeting was seconded by Cm. Hudson and passed 5-0.

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Cm. Perkins’ motion to adopt consent calendar items 8.1, 8.3 through 8.8 and 8.10 was seconded by Vice Mayor Livingstone and passed 5-0.

Resolution No. 2005-47 – Authorizing the Mayor to Execute an Agreement with Francisco & Associates, Inc. for Planning, Engineering and Financial Services for Dougherty Valley in an Amount not to Exceed $60,000.

Acceptance of Work by Cooper Crane & Rigging, Inc. for Dredging of Norris Creek Channel (CIP 8417) as Complete and Authorize the City Clerk to file a Notice of Completion with the County Recorder’s Office.

Resolution No. 2005-48 – Authorizing the Mayor to Execute a Right-Of-Way Agreement and Accept a Grant Deed from Sebanc Trust and McCloskey for a Portion of Property at 2102 Camino Ramon (APN 218-111-006) for Construction of Crow Canyon Corridor Improvement Project (CIPs 7114, 7116, 7117, 7127, 7129, 7130, 8125, and 8168) for an Amount Not to Exceed $19,800.

Acceptance of the PG&E Right-of-Way Street Lighting Improvement Project (CIP 5390) for Installation of Street Lights on Del Mar Drive, Broadmoor Drive, Davona Drive, and Tareyton Avenue by Steiny & Company, Inc. as Complete and Authorize the City Clerk to File a Notice of Completion with the County Recorder’s Office.

Resolution No. 2005-49 – Authorizing the Mayor to Execute a Right-Of-Way Agreement and Accept a Grant Deed from Gearhart Land & Trust Co., LLC for a Portion of Property at 3100 Crow Canyon Road (APN 213-010-038) for Construction of Crow Canyon Corridor Improvement Project (CIPs 7114, 7116, 7117, 7127, 7129, 7130, 8125, and 8168) for an Amount Not to Exceed $66,200.

Resolution No. 2005-50 – Authorizing the Filing of an Application for Federal Surface Transportation Program (STP) and Congestion Mitigation and Air Quality (CMAQ) Improvement Program Funding for Alcosta Boulevard Overlay – Bollinger Canyon Road to Montevideo Drive Project and Committing the Necessary Local Match for the Project and Stating the Assurance of the City of San Ramon to Complete the Project.

Resolution No. 2005-51 – Releasing The One-Year Warranty Security for Public Improvements in Subdivision 8037 (New Cities/Thomas Ranch).

Geologic Hazard Abatement District No. 1990-01 (GHAD) – Approve FY 2005/06 Engineer’s Report and Resolution No. 2005-53 – Intention to Order Assessments and Set a Public Hearing for May 24, 2005.

Resolution No. 2005-46 – Approving General Plan Amendment (GPA-02-400-001) and Environmental Impact Report (IS-02-250-005) and Adoption of an Ordinance Implementing Rezoning (RZ-02-600-001); - Old Ranch II Residential Subdivision Project.

Jim Blickenstaff requested that the Council consider ways to make the outcome of Old Ranch Estates II safer. His basic concern is access to Old Ranch Estates I. He noted that Timbercreek Road was a secondary access to Old Ranch Estates I. He felt that there is a need for a second access and asked that Timbercreek Road not be changed to a permanent cul-de-sac. He requested that emergency egress for Old Ranch Estate I be provided via Timbercreek through the use of break away barriers. Mayor Wilson stated that safety is a number one concern of the Council for all residents.

Cm. Perkins commented on the importance of completing this project. He noted that land use decisions are difficult. He added that Old Ranch Estates II creates more controversy because it is an infill project. Infill projects provide more opportunity for neighborhood impact. He discussed the problems associated with land development, ABAG housing requirements, and Old Ranch Estates II impact. He noted that there are four accesses to this project which exceed the requirement established by the fire code.

Cm. Hudson’s motion to approve Resolution No. 2005-46 was seconded by Cm. Perkins and passed 5-0.

Resolution No. 2005-52 – Approving the FY 2005/06 Engineer’s Report, Adopting a Resolution of Intention to Levy and Collect Assessments for FY 2005/06, and Setting a Public Hearing for May 24, 2005.

Public Works Director Joye Fukuda explained the Lighting and Landscaping assessment district. She noted that the staff report had been amended, due to updated landscaping costs, to eliminate the $11 assessment increase at Summerwood Loop. Staff recommends adopting the amended engineer’s report and Resolution 2005-52 and setting a Public Hearing for the May 24, 2005 council meeting.

Paul Mitchell thanked staff for providing information to support the fee increase and asked for clarification on the reserve balance funding. As the proposed increase has been rescinded, he stated his support for the resolution.

Cm. Hudson’s motion to approve Resolution No. 2005-52 was seconded by Vice Mayor Livingstone and
passed 5-0.

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Finance Director Greg Rogers noted that the Fee Resolution has been reviewed by the Finance Committee on March 9, 2005 and by the Council on March 22, 2005. He reviewed the changes requested by the Council. Mayor Wilson opened the Public Hearing. There were no speakers. Mayor Wilson closed the Public Hearing.

Vice Mayor Livingstone’s motion to approve Resolution No. 2005-38 was seconded by Cm. Rowley and
passed 5-0.

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Report of Transportation Advisory Committee.

Transportation Division Manager Lisa Bobadilla, introduced Gordon Kimber, chair of the Transportation Advisory Committee (TAC) , who gave the report. Mr. Kimber addressed the interaction of the Committee with City residents. He reported that the TAC had provided input into the Transit Plan, CIPs, Measure C, and Transit Shelter Program. The TAC plans to update the Residential Traffic Calming Program and Tool Kit, provide feedback on the Transit Plan, Phase III of the Transit Shelter, the California High School parking issue and traffic speed. He commended City staff on their professionalism. Mayor Wilson thanked Mr. Kimber for his service.

Cm. Perkins thanked Mr. Kimber and the TAC for their professional attitude and noted that they actively sought resident input to achieve a workable solution. He commented that this is a very functional committee. Cm. Hudson noted that the TAC 05-06 Work Plan does not include the Timbercreek cul-de-sac. He requested TAC input at Architectural Review Board meetings for the final design and monitoring of the Old Ranch Estates project. Vice Mayor Livingstone reiterated Cm. Perkins’ comments and thanked Mr. Kimber for his service to the City.

Amend By-Laws of the Housing Advisory Committee to serve as the Housing Advisory Appeals Board.

Reggie Meigs, Chief Building Official, reviewed the staff report. He reported that the City has identified some serious housing code issues. State legislation to enforce the regulations allows citizens to utilize an appeals board prior to making an appeal to the City Council. Mr. Meigs reported that meetings have been held with the HAC and Policy Committee. He noted that changes in the HAC By-Laws would require amendments to the municipal code. There was no discussion from the Council.

Cm. Hudson’s motion to approve the Amendments to the Housing Advisory Committee By-Laws was seconded by Cm. Perkins and passed 5-0. Cm. Rowley recommended that more people apply to HAC if they are interested in this.

Report from Elected Mayor’s Task Force - Recommendations with regard to the Mayor’s Duties.

City Manager Herb Moniz gave the report. He recognized Carol Lopez, Mary Lou Oliver, and Diane Schinnerer, members of the Task Force, who were in the audience. On November 6, 2001, the voters passed an amendment to the City Charter which provided for the direct election of the Mayor to a two year term. The City Council approved the creation of an Elected Mayor Task Force at its meeting on November 9, 2004 and charged them with the specific purpose "to review, define and clarify the duties of the elected Mayor". The Task Force held five public meetings. The City Manager reviewed the Task Force recommendations.

Diane Schinnerer thanked the Task Force members for their service and noted that each recommendation was unanimously supported by the Task Force members. Cm. Perkins thanked the Task Force for their time and effort.

Vice Mayor Livingstone asked for clarification on Item IV. The Council discussed the Mayor’s duties regarding Item IV "City Council Agenda Item – Public Comment at City Council Meetings". Cm. Hudson discussed agenda items and indicated his agreement with Item IV. Cm. Perkins noted that Councilmembers have other opportunities to place items on a Council agenda.

Cm. Rowley questioned if the Task Force had discussed term limits for the Mayor. Ms. Schinnerer replied that that item was not within their charge.

Mayor Wilson asked if they had interviewed other Mayors. Ms. Schinnerer replied that there were no interviews but they did collect policies from other cities.

Mayor Wilson asked if Item II should be clarified to include the "City Council and Mayor". He questioned if there should be a distinction between the Mayor and the City Council. The Council discussed Items III #1 and #6. Vice Mayor Livingstone commented that Item II #1 is very clear regarding appointments by the Mayor and by the City Council. The City Attorney responded that the Mayor is an integral part of the City Council and that the City Council that takes action as a unit.

Mayor Wilson thanked the Task Force. The City Manager also thanked the Task Force.

Cm. Rowley’s motion to accept the Task Force report and the recommendation that the Task Force and City Council schedule a study session with the Task Force was seconded by Cm. Hudson and passed 5-0. The City Attorney suggested that the study session to discuss concerns be held prior to finalizing the changes for the municipal code.

Mayor Wilson described the damage to the All Wars Memorial. He felt that this was a hate crime and asked the Council to consider establishing a reward for the arrest and conviction of the person or persons who defaced this monument. Cm. Perkins stated his support of the City’s participation in this program. Cm. Hudson supports the action and asked that the City Attorney check into any legal restrictions. Vice Mayor Livingstone added his support. Cm. Rowley added her strong support. The City Attorney noted that the Council had taken a similar action in the case of Ilene Misheloff. He noted that the reward must be renewed annually to be in effect.

R. Nathan Greene expressed his appreciation of the Council’s response. He added that this monument serves the San Ramon Valley and all citizens.

Mayor Wilson asked the Council to consider setting the reward at $5,000. Cm. Hudson requested that the City find out what the All Wars Memorial Committee recommends before setting a dollar amount. Mayor Wilson requested that this item be added to the next Council meeting.

The City Manager provided the Council with an update on the Dougherty Valley settlement agreement dispute regarding library funding. The County stated it can not fund the basic 29 hours of service for the Dougherty Valley library. He has had three meetings with the County. The County’s position is that the funding must come from the CSA and they are disregarding the Dougherty Valley agreement. He added that staff will initiate the dispute resolution process. Mayor Wilson asked if the County is disregarding its agreement. Mr. Moniz added a caveat that he understands the county’s financial problems but there is an agreement and the money is being generated through the library tax to over the cost of the basic level of service. Cm. Perkins asked for information regarding the dispute resolution process. The City Attorney said that the City has 21 days after the dispute for informal discussion, then an appeal to the Economic Development Director, an appeal to the Board of Supervisors, mediation, and finally to court. Cm. Hudson asked if there are any other Contra Costa County libraries where the County is refusing to fund the basic hours. Mr. Moniz replied no.

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Cm. Rowley encouraged students to enter the Street Smarts Poster Contest. She thanked staff who had organized the April 21, 2005 Volunteer Recognition Dinner.

Cm. Perkins congratulated the San Ramon Valley Unified School District for the awards it received. All 6 middle schools and California High School have been designated as "distinguished schools". Our district is the #1 district in the state in award recognition.

Cm. Hudson reported on the ABAG position statement and current legislation. He noted that the two hot topics are housing and transportation. He asked the Council to be aware of transportation and housing legislation.

Mayor Wilson addressed the Urban Limit Line issue. There are three proposals. He noted that the Supervisors support Plan C. Plan C Plus supports east and central county with the caveat that they have the infrastructure to support what they build. Cm. Hudson stated that he supports Plan C Plus with the amendment that the necessary infrastructure is in place. Cm. Perkins expressed support for Plan C Plus. Cm. Rowley also supports Plan C Plus.

Cm. Perkins’ motion to direct the Mayor to support Plan C Plus with the east county amendments and infrastructure plan was seconded by Cm. Rowley and passed 5-0.

There being no further business, Mayor Wilson adjourned the meeting at 9:05 p.m.

Signed:
H. Abram Wilson, Mayor
Patricia Edwards, Interim City Clerk

Approved at the May 10, 2005 City Council meeting, 4-0, Vice Mayor Livingstone absent.