MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held September 25, 2007 at 6:12 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

ABSENT: Vice Mayor Perkins.

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Police Chief Scott Holder, Deputy City Clerk Renee Beck, Planning/Community Development Director Phil Wong, Planning Services Manager Debbie Chamberlain, and City Clerk Patricia Edwards.

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At 6:12 p.m., the Council met in Closed Session pursuant to Government Code §94956.9(b)(3) for City Council to meet with the City Attorney concerning facts and circumstances that might result in litigation and which is believed are not yet known to a potential plaintiff. The Council also met in Closed Session pursuant to Government Code §54956.9 for city Council to meet with the City Attorney regarding existing litigation: Lindsey, James S. v. City of San Ramon.

At 7:07 p.m., Mayor Wilson reconvened the meeting. All Councilmembers except Vice Mayor Perkins were in attendance. Mayor Wilson reported that no action was taken by the City Council on either item.

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Connor Bryson, Chris Forsyth, Chance Larson, MJ Reagan, Skylar Sheffield, Cannon Tuttle, David Webster, Micah Wimmer and Jack Worthley, members of Cub Scout Packs 547 and 548 led the 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 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 the Policy Committee meeting was rescheduled to September 25, 2007.

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Presentation of Grant Money in Honor of the Winners to Iron Horse Middle School Librarian, Judy Linhares.

Deputy City Clerk Renee Beck reported that the City Clerk’s office sponsored an essay contest to promote voter registration. The contest related to the eighth grade study of U.S. government. The Rotary Club of San Ramon provided a $200 grant to be awarded to the school’s library. Certificates of recognition were presented to First Place Winner Steven Lau and Second Place Winner Lauren Haefling. Mayor Wilson stated that San Ramon is fortunate to have parents who instill in their children the importance of voting and a love of America. He presented the grant check to Judy Linhares. Ms. Linhares thanked the Rotary Club for the check and the City for providing this opportunity for students and teachers to build citizenship.

Mayor Wilson presented the proclamation to Carolyn Degnan. He acknowledged the partnership between the Chamber and the City and thanked Ms. Degnan for her efforts in improving the Chamber. Walt Trembly, Chairman of the San Ramon Chamber Board of Directors, congratulated Ms. Degnan on the award and for her leadership in moving the Chamber forward. Gina Ferretti, representing Supervisor Piepho’s office, presented Ms. Degnan with a joint Board of Supervisors resolution acknowledging Ms. Degnan’s contributions. Ms. Degnan thanked the City for this recognition.

Mayor Wilson presented the proclamation to Phil Wong. Mayor Wilson thanked the Planning Commission for their service to the City. Mr. Wong thanked the Council for the proclamation and noted that the Planning Department is gratified to receive this recognition. He expressed his appreciated for the Council’s support and leadership.

City Clerk Patricia Edwards introduced Susan Serrato. She described Ms. Serrato’s work experience with the City and her duties in the City Clerk’s office.

Mayor Wilson welcomed Ms. Serrato to the City and presented her with a City pin. Ms. Serrato stated that she appreciates the opportunity to work for the City.

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

Donna Kerger invited the public to attend the San Ramon Chamber of Commerce’s Wine and Dine Experience on October 18, 2007 at ClubSport of San Ramon. This is a new venue and music will be provided at the event. She thanked the sponsors which include the City, ClubSport, the Tri-Valley Herald, the Contra Costa Times, the Dawson Sign Company, Blue Frog Productions, Paychex, and Chevron for their generous support.

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Cm. Livingstone’s motion to approve the September 11, 2007 minutes was seconded by Cm. Rowley and passed 4-0. Vice Mayor Perkins was absent.

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(#8.2A) Resolution No. 2007-159 – Authorizing the Mayor to Execute a Program Supplement Agreement for Obligation of the Highway Safety Improvement Program Grant Funds for the San Ramon Valley Boulevard Refuge Lane Installation and San Ramon Valley Boulevard Montevideo Drive Left Turn Lane Extension Projects (CIP 5500 and CIP 5497).

(#8.2B) Resolution No. 2007-160 – Authorizing the Appropriation of $630,000 in Highway Safety Improvement Program Grant Funds to be Advanced from the City General Fund and $70,000 from the Traffic Improvement Fund for a Total Capital Budget of $700,000 for the San Ramon Valley Boulevard Refuge Lane Installation and San Ramon Valley Boulevard Montevideo Drive Left Turn Lane Extension Projects (CIP 5500 and CIP 5497).

(#8.3) Resolution No. 2007-161 – Appropriating $891,434 from the South Contra Costa Joint Exercise of Powers Authority (SCCJEPA) Fund and Authorizing the Mayor to Execute Amendment No. 1 to the Reimbursement Agreement with Shapell Industries for Bollinger Canyon Improvements Phase 2 from Alcosta Boulevard to Canyon Lakes Drive (CIP 5320 and 5325) in an Amount not to Exceed $1,355,140.

(#8.4) Resolution No. 2007-162 – Authorizing Changes to Employee Voluntary ICMA Deferred Compensation Options to Replace RHS Vantage Care.

(#8.5) Resolution No. 2007-163 – Accepting Certain Roadway and Stormdrain Dedications and Improvements in Subdivision 8149 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.6) Resolution No. 2007-164 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in Subdivision 8149 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.7) Resolution No. 2007-165 – Accepting Certain Roadway and Stormdrain Dedications and Improvements in Subdivision 8154 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.8) Resolution No. 2007-166 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in Subdivision 8154 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.9) Resolution No. 2007-167 – Accepting an Offer of Dedication from Ponderosa Homes for Parcel A in Subdivision 7414 (Ponderosa Homes/Bent Creek).

(#8.10) Resolution No. 2007-168 – Authorizing the Mayor to Execute an Agreement with Folger Graphics for Printing of the Recreation Guide, San Ramon Restaurant Guide, Home for the Holidays Postcard and Dougherty Valley Performing Arts Center Season Brochure in an Amount not to Exceed $90,000.

(#8.11A) Resolution No. 2007-169 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Christie Tomlinson in an Annual not to Exceed Amount of $80,000 for Fiscal Year 2007/08.

(#8.11B) Resolution No. 2007-170 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Kris Milligan in an Annual not to Exceed Amount of $98,000 for Fiscal Year 2007/08.

(#8.11C) Resolution No. 2007-171 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Kids Take The Stage in an Annual not to Exceed Amount of $70,000 for Fiscal Year 2007/08.

(#8.11D) Resolution No. 2007-172 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Mad Science Mt. Diablo in an Annual not to Exceed Amount of $60,000 for Fiscal Year 2007/08.

(#8.11E) Resolution No. 2007-173 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with One-On-One Basketball in an Annual not to Exceed Amount of $53,000 for Fiscal Year 2007/08.

(#8.12) Resolution No. 2007-174 – Repealing Resolution 2006-174 and Amending the Parking Restrictions Master Street List by Adding Parking Restrictions in Various Areas of San Ramon Per Title B, Division B-8, Chapter I, Article 1, Section B8-1, Stopping, Standing or Parking-Curb Marking Designations.

(#8.13) Resolution No. 2007-175 – Authorizing the Mayor to Execute an Agreement with ATI Architects and Engineers for Consultant Services Related to Evaluating and/or Replacing Heating, Ventilation, and Air Conditioning Systems, Energy Management Systems, and Roofing at City Facilities in an Amount Not to Exceed $160,860.

(#8.14A) Resolution 2007-176 – Authorizing the Transfer of $17,300 from the FY 2006/07 San Ramon Olympic Pool Equipment Replacement Project (CIP 5479) and $42,219 from the FY 2007/08 San Ramon Olympic Pool Equipment Replacement Project (CIP 5479) to the FY 2007/08 Aquatic Center Risk Management Plan (CIP 5439) for a Total Fund Transfer Amount of $59,519.

(#8.14B) Resolution 2007-177 – Authorizing the Mayor to Execute an Agreement with Valentine Corp. for the Furnishing and Installation of a Chemical Storage Building at the San Ramon Olympic Pool & Aquatic Center in an amount not to Exceed $92,000.

(#8.15) Resolution 2007-178 – Authorizing the Mayor to Execute an Agreement with Sealant Technologies, Inc. for the San Ramon Community Center Exterior Expansion Joint Sealant Project (CIP 5431) in an Amount Not to Exceed $92,729.

(#8.16) Resolution No. 2007-179 – Authorizing the Mayor to Execute an Agreement with Azari Engineering, Inc. for Engineering Services for the Annual Pavement Management Program (CIPs 5397, 5402, and 5409) and for Parking Lots Pavement Maintenance Project (CIP 5438) for a Period Between September 26, 2007 and December 31, 2010 in an Amount not to Exceed $1,100,000.

Cm. Hudson’s motion to adopt consent calendar items 8.1 through 8.16 was seconded by Cm. Livingstone and
passed 4-0. Vice Mayor Perkins was absent.

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Planning Services Manager Debbie Chamberlain provided the report. The applicant is requesting to rezone an approximate 3.65 acre parcel from Agricultural (AG) to Residential Estate (RE-A) to achieve consistency between the General Plan and the Zoning Map. At their September 4, 2007 meeting, the Planning Commission concurred with staff’s evaluation of the rezoning. The project is not within the Northwest Specific Plan and does not require a Specific Plan amendment.

Mayor Wilson opened the public hearing. There were no audience requests to address this item. The City Clerk reported that two emails were received addressing this item.

The City Clerk summarized the email received from Leslie Mague. Ms. Mague stated that notification from the City to the residents is a consistent problem and no public notices were distributed to residents within the 300 foot surrounding area of the Swenson Rezone. She expressed concern that: the property’s current designation as Agricultural is inconsistent with the General Plan; the General Plan designation changed in 2002 and the Zoning Ordinance changed in 2006; the property within the General Plan guidelines was designated single family low density with 0.20 to 3 dwelling units per acre; and in order to be consistent with similar density designation, the General Plan and Zoning Ordinance revisions should have designated this land as Hillside Residential instead of Residential Estate. Ms. Mague requested that the Northwest Specific Plan project be considered with this rezoning request. She stated that the proposed rezoning is not a consistent designation when compared to the original land use designation for the applicant. She added that this rezoning application has been completed using a loophole of new Zoning Ordinance designation definitions and must be amended.

The Kathy Pleva’s email supports Ms. Mague’s position.

Cm. Livingstone asked if public notices were distributed to the residents. Ms. Chamberlain responded that the residents were properly notified for the September 4, 2007 Planning Commission meeting and that Ms. Mague’s residence is outside the 300 foot radius requirement. For the September 25, 2007 Council meeting, the Planning Department sent notifications to the Claremont Crest neighbors and residents within the 300 foot project radius. Cm. Livingstone noted that no Claremont Crest representatives were present at the meeting. Mayor Wilson closed the public hearing.

Cm. Hudson’s motion to introduce the Ordinance No. XXX (next in line) for Rezone Application RZ 07-600-001 and Addendum to the Initial Study of General Plan 2020 Environmental Impact Report to Rezone a 3.65 Acre Parcel at 18884 Bollinger Canyon Road from AG (Agricultural) to RE-A (Residential Estate – A) and declare intent to adopt the ordinance and approve the rezone application and continue the item to the October 23, 2007 meeting was seconded by Cm. Livingstone and passed 4-0. Vice Mayor Perkins was absent.

Mayor Wilson thanked Planning Specialist Ryan Driscoll for an excellent staff report.

Police Chief Scott Holder presented the report. He stated that the San Ramon City Council has approved the use of the Supplemental Law Enforcement Services Fund (SLESF) grant money to provide for a Community & Youth Resource Officer position since 1997. San Ramon will receive a minimum of $100,000 in SLESF money for FY 2007-08. The SLESF revenue has already been included in the approved Police Services budget for FY 2007-08 to partially fund this position.

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

Cm. Hudson’s motion to adopt Resolution No. 2007-180 was seconded by Cm. Rowley and passed 4-0. Vice Mayor Perkins was absent.

(#10.3) Discussion of Rescheduling or Cancelling the October 9, 2007 Council Meeting.

City Clerk Patricia Edwards reported that a quorum was not available for the October 9, 2007 Council meeting and requested that the Council provide direction regarding either rescheduling or cancelling the meeting.

Cm. Livingstone’s motion to cancel the October 9, 2007 Council meeting was seconded by Cm. Hudson and passed 4-0. Vice Mayor Perkins was absent.

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City Manager Herb Moniz noted that Council approval of Resolution No. 2007-161 in Consent Item 8.3 approved the widening of Bollinger Canyon Road from Canyon Lakes Drive to Alcosta Boulevard. After a thorough analysis by staff, it was decided that the only viable option was to close one lane in each direction on Bollinger Canyon Road for the duration of this project. Crow Canyon Road and Old Ranch Road are not convenient alternates for this road. In order to expedite construction, the pedestrian and bike lane will be moved to the north side. The sidewalk will be closed. The third lane which was recently opened will be closed to facilitate trucks and construction. The project will take between 4 to 6 weeks to complete. Residents should expect some traffic disruption during construction.

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Cm. Rowley reminded residents about the Rotary Club of San Ramon’s 23^rd Annual Carbo Load event. She invited elementary principals to participate in the Carbo Load’s Pasta Sauce Competition. She encouraged students to support the event. The grand prize is $1,000 for the winning school.

Cm. Hudson reported that the East Bay Regional Parks District (EBRPD) is evaluating proposals for the Measure AA Extension. In November 2008, the EBRPD will try to pass a $500 million bond measure with $125 million being allocated back to the cities based on their population. He noted that there were no population figures have been allocated for the Dougherty Valley Community Service Agreement. He requested that accurate City population data be provided from the state Finance Department to EBRPD.

Cm. Hudson reminded residents that the Long’s Drug LPGA Challenge will be held on October 1- October 7, 2007. The qualifying golf round will be held at The Bridges Golf Course.

Cm. Livingstone invited the public to attend the Rotary Club of San Ramon’s 23^rd Annual Carbo Load party on September 29, 2007. Monies raised by the Rotary Club are returned to the community in projects such as the Voter Registration Essay Contest.

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Mayor Wilson asked residents to collect produce stickers and put them on the contest card for the Mayor’s Produce Sticker Challenge. He reminded residents to visit the Farmers Market on Saturdays through October. He thanked the California Symphony for providing a superb concert on September 16, 2007. He thanked everyone who worked on the Grand Opening of the City’s 5 new parks: San Ramon Sports Park, Dougherty Valley High School Tennis and Aquatic Center, Monarch Park, Arlington Park and Creekside Park. He invited residents to volunteer at the annual Building Bridges event which will be held on October 20, 2007 from 8:00 am to 4:00 pm. He invited residents to attend the Windemere Parkway Traffic Circulation Community Meeting on October 1, 2007. He stated that the Council’s priority is to keep City streets safe for residents.

At 8:04 p.m., there being no further business, Mayor Wilson adjourned the meeting.

Approved at the October 23, 2007 City Council meeting 4-0, Perkins abstain.