MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

October 24, 2006

A regular meeting of the City Council of the City of San Ramon was held October 24, 2006 at 7:06 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

ABSENT: Councilmember Perkins.

STAFF PRESENT: City Manager Herb Moniz, City Attorney By Athan, Police Chief Scott Holder, Recreation Services Division Manager Esther Lucas, District Engineer Maria Robinson, Engineering Services Director Joye Fukuda, Associate Planner Cindy Yee, Parks and Community Services Director Jeff Eorio, Central Services Division Manager Pat Perry, and City Clerk Patricia Edwards.

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Kenny Ashley, Tanner Cothran, Mason Friedman, Sean Heiskel, Andrew Kalich and Sam Miller, members of Cub Scout Den 6 - Pack 882 from Bollinger Canyon Elementary School, led the Council, staff, and 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 City Clerk noted 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 there were none.

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Paul Branson provided a summary of the Ilene Lubkin Senior Transportation Awards presented by the County Advisory Council on Aging at the Board of Supervisors meeting on September 19, 2006. Earle Ormiston presented Bob Bowers with the Ilene Lubkin Volunteer of the Year Category 1 Merit Award. Mr. Bowers has been the lead volunteer senior van driver since 1996. Additionally, he coordinates with the City’s maintenance staff for vehicle servicing and trains and recruits other volunteer drivers. The Board of Supervisors recognized Mr. Bowers with a resolution. Mr. Ormiston gave Mr. Bowers a "Mobility Equals Independence" commemorative mug. Mr. Ormiston summarized the Contra Costa County Senior Transportation Survey. Mayor Wilson congratulated Mr. Bowers and thanked him for his service.

Stacey Street and Ralph Haskew, Symphony Board President, thanked the City for its support of the California Symphony concert. They were pleased with this year’s increased attendance. Their goal is to touch as many lives as possible with music. Mr. Haskew presented Mayor Wilson with a framed collage of event photographs. Mayor Wilson stated that it is a cooperative effort of staff and the Symphony to produce the concert. He looks forward to continuing the successful partnership.

Mayor Wilson presented the 50^th Anniversary proclamation to Ken Begun and David Stegman. Mr. Begun thanked the Council and community for their support. Mr. Stegman reported that the July 4^th parade, which is organized by the Kiwanis, raises $40,000 a year. Kiwanis grants benefit the San Ramon Library Foundation, San Ramon Symphonic Band, Arts Foundation, and California High School Grad Night. Mayor Wilson thanked the Kiwanis for their contributions to the community.

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The City Clerk noted that there was one request for public comment.

Mohinder Khanna introduced himself as a candidate for the Dublin San Ramon Services District. He reviewed his qualifications and promised to work hard to benefit the San Ramon community. He is concerned about the water quality issues in Dougherty Valley.

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Cm. Hudson’s motion to approve the October 10, 2006 minutes was seconded by Vice Mayor Rowley and passed 3-0. Cm. Livingstone abstained. Cm. Perkins was absent.

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Adoption of Ordinance No. 382 – Authorizing an Amendment to the Contract Between the City Council of the City of San Ramon and the Board of Administration of the California Public Employees’ Retirement System.

Acceptance of the Work by Siteworks Construction, Inc. for the Storm Damage Repairs Priority 1 Repairs for South San Ramon Creek Project (CIP 5417) as Complete and Authorize the City Clerk to File a Notice of Completion with the County Recorder's Office.

Resolution No. 2006-157 – Authorizing the Mayor to Sign Cooperative Agreement Number 08SW.01 Between San Ramon and the Contra Costa Transportation Authority for the Preparation of a Project Study Report for the I-680 Norris Canyon Direct HOV Bus/Ramps Project.

Cm. Livingstone’s motion to approve consent calendar items 8.1 through 8.5 and waive the reading of Ordinance 382 was seconded by Cm. Hudson and passed 4-0. Cm. Perkins was absent.

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Senior Advisory Committee Annual Report.

Esther Lucas, Recreation Services Division Manager, introduced Shirley Ernest, Chairperson of the Senior Advisory Committee who gave the report. Mrs. Ernest provided an update of the 2005-2006 goals which included: researching alternatives to the nutrition program; researching additions or changes to the Senior Center transportation service; evaluating the current Senior Center space allocation; and continuing to promote the Senior Center expansion. The major areas to be addressed in the 2006-2007 fiscal year are: senior transportation, senior nutrition, senior housing, disaster preparedness for seniors, and program and facility use for the Senior Center and Expansion. She also noted that the seniors will provide liaisons to the Housing Advisory, Transportation, Senior Foundation, Nutrition, and Senior Scholar Committees.

Cm. Hudson suggested that a senior liaison be appointed to the committees which are studying the trail and open space behind the Senior Center. Mayor Wilson commended the seniors for their awareness of the importance of disaster preparedness.

Cm. Hudson’s motion to accept the Senior Advisory Committee Annual Report was seconded by Vice Mayor Rowley and passed 4-0. Cm. Perkins was absent.

Resolution No. 2006-158 – Approving the FY 2007/08 Engineer’s Report for the Formation of a New Landscaping and Lighting Special Assessment Zone 18 Old Ranch Summit (Subdivision 8702); Declaring the City’s Intention to Conduct Property Owner Assessment Ballot Proceedings; and Setting a Public Hearing for December 12, 2006.

District Engineer Maria Robinson presented the report. Special Assessment Zone 18 (Old Ranch Summit) is comprised of 134 acres. The development consists of 54 single family units. The estimated first year assessment will be $1,512 per unit based on calculations for labor, utilities, materials and overhead costs. At the October 17, 2006 meeting, the Finance Committee recommended that the Engineer’s Report and budget be presented to the Council for approval.

Cm. Hudson commented on the high cost of the L&L. He asked when the assessment starts and if the transfer occurs when the lot is sold or when the house is sold.

Ms. Robinson stated that the assessment, if approved, will start in 2007/08. The assessments will be paid by the developer until the property is sold.

Vice Mayor Rowley questioned the basis for the L&L fiscal analysis. Ms. Robinson reported that it is based on the cost to maintain the landscaping and the amenities.

Cm. Livingstone stated that the developer requested the new L&L assessment zone.

Cm. Hudson noted that the assessment is high and suggested combining future districts to be more cost effective. Engineering Services Director Joye Fukuda reported that the developer will vote on the assessment limit. No additional vote is required if the annual limit is lower than the assessment limit. All of the landscaping is done by contractors hired by Public Services so that the most reasonable cost is realized.

Mayor Wilson opened the public comment. There were no requests to address this item. Mayor Wilson closed the public comment.

Cm. Hudson’s motion to approve Resolution No. 2006-158 was seconded by Cm. Livingstone and passed 4-0. Cm. Perkins was absent.

Public Hearing – Introduction of Ordinance Modifying the Architectural Review Board Membership.

Associate Planner Cindy Yee reviewed the change to the Architectural Review Board (ARB) Ordinance which would provide for a second alternate member. Updates to the ARB Bylaws text include replacing "Planning Manager" with "Planning Director" and clarifying the language related to the role of the Teen Council liaison. These changes were approved by the Policy Committee at its meeting on October 3, 2006.

Cm. Hudson’s motion to introduce Ordinance 385, waive the reading, and open the public hearing was seconded by Vice Mayor Rowley and passed 4-0.

Mayor Wilson opened the public comment. There were no requests to address this item. Mayor Wilson closed the public comment.

Cm. Livingstone requested clarification of the role of the Teen Council liaison. Ms. Yee stated that the liaison would attend the meetings and report back to the Teen Council.

Mayor Wilson discussed the Teen Council liaison’s responsibilities to City committees.

Vice Mayor Rowley reported that this issue was discussed in the Policy Committee. The Teen Council liaison provides teens the opportunity to be involved in the community. City Attorney By Athan noted that the Council directed that a Teen Council liaison be assigned to City boards, commissions and committees.

Parks and Community Services Director Jeff Eorio reported that the City standardized all Board and Committee bylaws to include a Teen Council liaison instead of a student member. Teens have the opportunity to listen, learn, be exposed to the workings of municipal government, and to provide input from the teen community into City government. The emphasis is on learning and the liaisons do not have voting power.

Cm. Livingstone stated that this does not need to be in the Ordinance.

Cm. Hudson’s motion to approve the three updated amendments to the ARB Bylaws was seconded by Vice Mayor Rowley and passed 4-0. Cm. Perkins was absent.

The staff report was given by Pat Perry, Central Services Division Manager.

Mayor Wilson opened the public comment. There were no requests to address this item. Mayor Wilson closed the public comment.

Cm. Hudson discussed options for dealing with political and real estate signs. He suggested that the City establish a refundable fee to recoup the City’s costs for picking up signs after an election. He requested that this issue be presented to the Policy Committee. Vice Mayor Rowley concurred with Cm. Hudson and added that post election signs detract from the City’s appearance and utilize City staff time that could be better spent on other projects. Mayor Wilson added his support.

Cm. Hudson’s motion to introduce Resolution No. 2006 (next in line) repealing Resolution No. 2006-67, approve the amended fees and charges for FY 2006/07, clarify the language and set a public hearing for November 28, 2006 was seconded by Cm. Livingstone and passed 4-0. Cm. Perkins was absent.

Policy for Recognition of the Death of a Current or Former City Official or Employee.

City Clerk Patricia Edwards presented the report and asked for Council direction.  Mayor Wilson opened the public comment. There were no requests to address this item. Mayor Wilson closed the public comment.

Cm. Hudson clarified that the Mayor can designate someone to represent the City at a funeral service. He disagreed with the statement that the United States flag may only be flown at half-staff by direction of the president or governor and not by the mayor. He stated that the Mayor and City Manager can make these decisions once a protocol is adopted. He requested that the protocol include a ‘reasonable’ or ‘appropriate’ spending limit rather than establishing a specific dollar amount for remembrances.

Vice Mayor Rowley supports continuing the City’s current practice of closing a Council meeting in honor of the deceased, attending funerals, and sending cards. She suggested that trees be planted only at the request of a family member.

Mayor Wilson suggested that the policy be adopted without a specific dollar limit and reviewed in a year.

Cm. Livingstone did not support lowering the United States flag to half-staff if the Council does not have that authorization. The City Clerk responded that the United States Flag Code only allows the president or governor to issue the order. Cm. Livingstone suggested that the Council authorize lowering the City flag. Police Chief Holder noted that the governor issues the order to lower the flag to half staff in recognition of the death of a fire fighter or a police officer. Cm. Hudson suggested that the City initiate the request and pursue the correct channels to stay consistent with the law. Vice Mayor Rowley agreed and suggested that the City contact the governor’s office for permission prior to taking any action. Cm. Livingstone requested that the City Attorney research this issue and provide a ruling.

Cm. Hudson’s motion to secure additional information and continue the item was seconded by Cm. Livingstone and passed 4-0. Cm. Perkins was absent.

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City Manager Herb Moniz reported that the Dublin/San Ramon Liaison Committee met on October 12, 2006 to finalize details to open the inter-city trail. The cities decided to share the costs of the environmental work and improvements required for the pedestrian gate. He noted that the documents for the Redevelopment bond sale were signed. The sale closes on October 25, 2006 and the funds will be transferred to the Redevelopment Agency’s account. At the Public Managers’ Association meeting, the County’s emergency operation preparedness officer reported that the County has finished the identification of all critical infrastructure. The list is being distributed to cities, special districts and government agencies for review and comments. The County will compile the results, post the list and update it annually.

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Cm. Hudson reported that the East Bay Regional Parks District is going to ask for an extension of the AA bond funding. They are reviewing an application for two bicycle trails. The County Connection Citizens’ Advisory Committee is purchasing bus stop benches for cities with their personal funds. He asked the Council to consider researching this issue and consider supporting this effort.

Vice Mayor Rowley attended the Tri-Valley Housing Opportunity Center’s opening and supports the opportunity that it brings to potential home owners. She reminded residents of the Harvest Fest at Forest Home Farms on October 28, 2006 with a variety of planned activities. This is Red Ribbon Week which is an opportunity for the community to be safe, stay off drugs and for parents to set a good model for their children.

Mayor Wilson recognized Andy Bru and Brandon Bell of Troop 1776 who attended the Council meeting as a requirement for their merit badge. He thanked the San Ramon Presbyterian Church for coordinating the successful Building Bridges event. October 27, 2006 is the last day for the County to receive requests for an absentee ballot and is also the deadline for the Street Smarts Video Contest. A Comedy Night can be enjoyed at the Dougherty Station Community Center on October 27, 2006 and a jazz concert is scheduled for the same night at the San Ramon Library. He encouraged everyone to attend the Harvest Fest and to be careful while Trick or Treating on Halloween. On November 3, 2006, the Symphonic Band’s will hold its Fall Concert. He welcomed Ben Crowley, the latest recipient of the Sentinels of Freedom, to the San Ramon community.

At 8:44 p.m., Mayor Wilson convened the Council to Closed Session pursuant to Government Code §54957 for City Council to meet with the City Manager regarding the position of Police Lieutenant. At 10:28 p.m., Mayor Wilson reported that no action was taken by the Council at the Closed Session.

There being no further business, Mayor Wilson adjourned the meeting at 10:29 p.m.

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

Approved at the November 14, 2006 meeting, 4-0, Perkins abstain.