MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held August 9, 2005 at 7:11 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Police Chief Scott Holder, Public Works Director Joye Fukuda, Sergeant Paul O’Mary and City Clerk Patricia Edwards.

Members of Cub Scout Pack 841 from Walt Disney Elementary School led the Council, staff, and those in the audience in the pledge of allegiance.

Mayor Wilson asked if there were any changes or additions to the agenda. The City Clerk noted that there were none.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The City Clerk noted that there were none.

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Proclamation for Marty Echelmeier in Recognition of his Life Saving Actions for a Danville Teen.

Mayor Wilson presented Officer Echelmeier with a proclamation acknowledging his efforts to save a Danville teen-ager from a residential fire. The Mayor noted that San Ramon is blessed with officers that we respect. Officer Echelmeier acknowledged the assistance of other responders in his rescue efforts.

Recognition of Sgt. Bani Kollo for his Outstanding Service to the City of San Ramon.

Police Chief Scott Holder recognized Sergeant Kollo’s service to San Ramon. Mayor Wilson presented him with a plaque and commended Sgt. Kollo on exceeding the City’s expectation of excellence. He invited him to return to San Ramon’s police force.

Certificate of Appreciation to Frank Martens in Recognition of his Life Saving Actions for Doug Beck.

Doug Beck recounted the events of July 4, 2005 when a piece of meat lodged in his throat causing him to choke. Frank Martens realized the gravity of the situation and performed the Heimlich Maneuver saving Mr. Beck’s life. The Mayor presented Mr. Martens with a certificate of appreciation.

Valerie Barnes, Chairperson of the Tri-Valley Community Television Board of Directors, introduced their new Executive Director, Glenn Davis. Mr. Davis reported that TV30 is now fully digital which will result in sharp, colorful, clear broadcasts. He is working on new programming. Cm. Perkins asked about the construction of the new TV30 facility. Mr. Davis responded that they hope to be in the new building by December 2006.

Phil Wong, Planning Director, introduced Mike Elliott, Building and Safety Permit Specialist. Mr. Wong explained the job responsibilities of a permit specialist. Mayor Wilson welcomed Mr. Elliott to the City and presented him with a City pin. He remarked that Mr. Elliott is an outstanding employee who is courteous, friendly, goes the extra mile and focuses on the best interests of the customers. Mr. Elliott thanked the Council for their support and looked forward to continuing to work for the City.

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Assemblyman Guy Houston was welcomed by Mayor Wilson. He presented his "Sacramento Update" and the impact of the State budget on San Ramon. Some of the impacts include: no tax increase for citizens or businesses, repayment of the City’s loan, funding for Prop 42, etc. He commented that local cities, the County, and the federal government need to work together to create an improved infrastructure. He stated that he is looking forward to working with the City. Cm. Perkins requested an update on school funding.

Donna Kerger reported that the 14^th Annual Valley Soccer Cup was very successful. This year’s event involved
70 teams with 1,400 players. The event brought an estimated 4,200 people into the City. She thanked the San Ramon Marriott for providing ‘welcome bags’ and Channel 30 for filming several games. She acknowledged the City staff who contributed to the event’s success. She thanked the business community for their support. Mayor Wilson expressed the City’s appreciation to Ms. Kerger for her dedication and service to the community.

Christa Freihofner stated that she supports the beautification of San Ramon creek. She requested that the Council work to keep the expenditure of the Larwin Spill fine within the impacted area. She requested that the funds be spent along the creek from the California High School bridge to Pine Valley Road. She read the Mayor’s letter of

July 28, 2004 to the San Francisco Bay Regional Water Quality Control Board.

Sandy Barclay also supported utilizing the Larwin Spill fine for improvements to the San Ramon creek and requested that the funds not be spent in another neighborhood. She stated that she hopes the City will stand behind the letters sent by the Mayor and City Manager to the Water Quality Control Board.

Roz Rogoff stated that, although she thinks the Montevideo Demonstration Garden would be a good project, she requested that the Larwin Spill fine be spent on San Ramon creek.

Cm. Perkins requested clarification on the total amount of funds available to the City . Public Works Director Joye Fukuda responded that the City has requested $80,000. She noted that this amount was approximately 50% of the total fine to be paid by the Central Sanitary District although the volume of the Larwin Spill was much less than 50% of the total spill. She added that the Regional Board supported the $80,000 payment. She added that the process for approval of the allocation has not been completed.

Vice Mayor Livingstone questioned how the City arrived at these projects. Ms. Fukuda responded that Central San proposes projects to the Regional Board. The City does not interact directly with the Regional Board. The Board has criteria for project approval. She reviewed the Board’s criteria and stated that they selected four projects which they felt would be approved. She added that it was the consensus of this group to go with these four proposed projects. At this meeting, Ellen Rosenbluth asked if the Montevideo Garden project would be an acceptable project. The San Francisco Estuary Project representative replied that it would be acceptable because of its educational component.

Vice Mayor Livingstone asked for clarification on the "A-B-C-D" rating. Ms. Fukuda replied that the letters were used simply to differentiate the projects but did not reflect a priority rating. She noted that there were no dissenters to the Montevideo project at the August 2, 2005 meeting.

Cm. Perkins asked if the funds would be designated for a specific project and if any left-over funds could be used for another project. Ms. Fukuda responded that the City would request flexibility to use any under-runs on another project. She will discuss this with Central San.

Cm. Rowley questioned the amount of resident input. Ms. Fukuda outlined the procedure that was utilized to select the meeting date. She added that the Regional Board and Central San had a limited time frame to schedule the meeting. She stated that several residents were polled regarding their availability and that the meeting had to be scheduled when the San Francisco Estuary Project representative, Carol Thornton, was available. Public notices were mailed to residents within 1000 feet of the Larwin Pump Station and the east side of south San Ramon creek. The meeting notice was posted in four City facilities and on the City’s web page. A related article also ran in the San Ramon Herald. Fifteen residents attended the meeting.

Cm. Rowley asked if anyone from Montevideo School supports the Demonstration Garden. She suggested that other funding methods could be investigated. Ms. Fukuda responded that the principal at Montevideo School supports the project. She added that the project will require use volunteers such as Boy Scouts, the California High School Honor Society, etc.

Mayor Wilson noted that project had not been presented to the Council and so it was being reviewed at this meeting. He remarked that several complaints were received regarding the timing and date of the public meeting. He emphasized that the City has nothing to hide and that he supports the entire fine being spent on the south San Ramon creek area. He expressed concern about the accusation on staff. He reiterated his position that the fine be spent on the south San Ramon creek area. He asked that residents needing clarification contact either the City Manager or himself.

Vice Mayor Livingstone requested clarification on the area of the spill and the total fine and asked if other projects were included because they were more likely to be approved by the Regional Board. He asked for the justification of spending the fine in places other than the creek area. Ms. Fukuda responded that Ms. Thornton recommended eligible projects within the watershed that drain into south San Ramon creek.

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Vice Mayor Livingstone’s motion to approve the July 26, 2005 minutes was seconded by Cm. Rowley and
passed 5-0.

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Cm. Perkins requested that item 8.2 be pulled from the Consent Calendar. Cm. Hudson’s motion to approve consent calendar items 8.1 and 8.3 was seconded by Cm. Perkins and passed 5-0.

Ellen Rosenbluth requested that if item 8.2 is approved, that the City notify residents so that they may contact their insurance company to make sure their home insurance includes sidewalk liability and repair issues. She added that insurance coverage should include the homeowner’s property and the area contiguous to the owned property.

Cm. Perkins requested additional information regarding the proposed Ordinance.

Cm. Hudson requested a subdivision map so that the actual language from the title reports could be evaluated. He requested clarification of sidewalk ownership.

Vice Mayor Livingstone expressed concern about sidewalk maintenance and the City’s liability. He noted that the City should continue to maintain the sidewalks.

Cm. Rowley asked if the item was time sensitive. The Mayor Legal Counsel responded that it is not.

Cm. Perkins noted that the current Capital Improvement Program includes a sidewalk maintenance component. Residents should contact the City regarding sidewalk repairs. He questioned if it is the intent of this ordinance to reduce or eliminate sidewalk maintenance by the City. He asked the City Manager if the City will fund annual sidewalk maintenance programs. The City Manger responded that the City plans to continue this service.

Cm. Perkins’ motion to continue item 8.2 for further study was seconded by Vice Mayor Livingstone and passed 5-0.

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Repeal of Ordinance 351 and Adoption of New Ordinance Regulating Massage Services.

Sergeant Paul O’Mary presented an overview of the Ordinance. He reported that there has been an increase in applications for both massage establishments and massage therapists. Fraudulent massage operations are seeking cities which have a less restrictive application process. He noted that the City’s current Ordinance makes it difficult to conduct a thorough background investigation. He added that the purpose and intent of the Ordinance is to regulate the operations of massage establishments and persons offering massages in the best interest of public health, safety and welfare. He enumerated the differences between the old and the new Ordinances. He informed the Council that the Department solicited the input of massage therapists in drafting the new Ordinance.

Mayor Wilson opened the public hearing. There was no public comment. Mayor Wilson closed the public hearing. Cm. Hudson commented that the new Ordinance ‘professionalizes’ the permitting of massage services.

Cm. Hudson’s motion to repeal Ordinance and adopt the revised Ordinance regulating massage services was seconded by Cm. Rowley and passed 5-0.

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The City Clerk noted that there were no items of new business.

The City Manager had no comments.

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Cm. Hudson reported on the League of California Cities Conference in Monterey. He noted a focus on transit oriented development. He informed the Council that California ranks 47^th in spending on transportation and that the state needed to improve its infrastructure.

Cm. Rowley complimented Economic Development Director Marc Fontes on his excellent presentation at the Chamber of Commerce’s monthly luncheon. She complimented the Parks and Community Services staff on the quality of the City’s Fall Activity Guide and the large number of class offerings.

Cm. Perkins reminded residents to sign up for the free e-waste event scheduled on August 17^th at the San Ramon Recycling Center. These events enable residents to dispose of e-waste in an environmentally responsible way. More information is available on the City’s web site.

There being no further business, Mayor Wilson adjourned the meeting at 8:40 p.m. and the Council convened to Closed Session pursuant to Government Code §54957 to confer with the Chief of Police regarding an on-going criminal investigation.

The Mayor reported that no action was taken by the Council at the Closed Session. The meeting was adjourned at 8:59 p.m.

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

Approved as corrected at the August 23, 2005 City Council meeting, 3-0, Councilmember Rowley and Vice Mayor Livingstone absent.