A regular meeting of the City Council of the City of San Ramon was held November 27, 2007 at 7:14 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

STAFF PRESENT: City Manager Herb Moniz, Acting City Attorney Bob Saxe, Police Chief Scott Holder, Human Resources Director Cheryl Mitchell-Wade, Economic Development Director Marc Fontes, Recreation Services Division Manager Esther Lucas, Transportation Division Manager Lisa Bobadilla, and City Clerk Patricia Edwards.

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Nikita Aggarwal, Marie Bast, Darla Baumer, Gabby Berdan, Maddie Boaz, Madison Cavallo, Nicole Cavote, Megan Hooks, Alyssa Mackesey, Darya Magidi and Marisa Varni, members of Girl Scout Brownie Troop #30608 from Coyote Creek Elementary School 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 December 4, 2007 Planning Commission meeting and the December 6, 2007 Architectural Review Board meeting have been cancelled.

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Paul Branson, Transportation Manager for Contra Costa County, and Earle Ormiston, Chair of the Contra Costa Advisory Council on Aging’s Transportation Work Group, provided a summary of the Ilene Lubkin Senior Transportation Awards. The County Advisory Council on Aging recognized Garry Allison as the recipient of the 2007 Volunteer of the Year Award at the Board of Supervisors (BOS) meeting on November 6, 2007. The BOS presented Mr. Allison with a plaque, a certificate and a resolution recognizing his leadership role in senior transportation. Mr. Allison has provided over 2,700 hours of volunteer service. Mayor Wilson presented Mr. Allison with a City pin and thanked him for his service to the City. He stated that San Ramon is proud of its volunteers and their contributions to the community.

Cheryl Mitchell-Wade, Human Resources Director, introduced Maureen Klausner and remarked that she is a great addition to the City staff. The Mayor welcomed her to the City staff and presented her with a City pin. Ms. Klausner stated that she is thrilled with the opportunity to work in San Ramon and thanked the City staff for their welcome.

Economic Development Director Marc Fontes introduced Joe Tanner. He stated that Mr. Tanner has been an asset to the Department in his previous two years working as an intern. The Mayor welcomed Mr. Tanner to the City staff and presented him with a City pin. Mr. Tanner thanked the Council for this opportunity and stated that he is excited about being involved in the great future of San Ramon.

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Mayor Wilson requested a break at 7:33 p.m. The meeting reconvened at 7:39 p.m. with all Councilmembers in attendance.

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Recreation Services Division Manager Esther Lucas provided the report. Two applicants were interviewed by a sub-committee of the Parks and Community Services Commission. The Commission recommends the appointment of Shari Noda to serve on the Arts Advisory Committee to fill the vacancy through April 2008 and extend her abbreviated term through April 2010.

Vice Mayor Perkins’ motion to appoint Shari Noda to serve on the Arts Advisory Committee through April 2010 was seconded by Cm. Hudson and
passed 5-0.

Recreation Services Division Manager Esther Lucas provided the report. Two applicants were interviewed by a sub-committee of the Parks and Community Services Commission. The Commission recommends the appointment of Ben Nagrani to serve on the Library Advisory Committee with his term to expire January 2009.

Vice Mayor Perkins’ motion to appoint Ben Nagrani to serve on the Library Advisory Committee through January 2009 was seconded by Cm. Hudson and passed 5-0.

Recreation Services Division Manager Esther Lucas provided the report. Mayor Wilson’s current term expires at the end of November 2007. His re-appointment will allow for the continued facilitation of a direct line of communication between the Tri-Valley Community Television (CTV) organization and the Tri-Valley city councils so that CTV receives the support and guidance required to ensure its long-term sustainability.

Cm. Hudson’s motion to appoint Mayor Wilson to the CTV Board for a term expiring in November 2009 was seconded by Vice Mayor Perkins and
passed 5-0.

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The City Clerk noted that there were no requests for public comment.

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Vice Mayor Perkins’ motion to approve the November 13, 2007 minutes was seconded by Cm. Rowley and passed 5-0.

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(#8.2) Accept the Work by MCK Services, Inc. for the Construction of Annual Pavement Management Project, Phase II (CIP 5366) and Norris Canyon Road Pavement Rehabilitation Project (CIP 5468) as Complete and Authorize the City Clerk to File a Notice of Completion with the County Recorder's Office.

(#8.3) Minute Order 2007-19 – Authorizing Reduction of Faithful Performance and Labor and Material Bonds for the Greystone Ranch (Lennar Greystone Ranch 2).

(#8.4) Resolution No. 2007-193 – Authorizing the Mayor to Execute a Grant Deed to Convey Exempt Surplus Land (Pursuant to Government Code Section 54222.3) of Approximately 2,530 square feet of APN 210-560-036 to the owners of APNs 210-491-009 and 210-491-001 of Amended Subdivision 7018 (Bent Creek/Ponderosa).

(#8.5) Resolution No. 2007-194 – Geologic Hazard Abatement District No. 1990-01 Accepting Ownership of a Certain Open Space Parcel (Parcel A) in Subdivision 8702 (Davidon Homes/Old Ranch Summit).

(#8.6) Resolution No. 2007-195 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in Subdivision 8150 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.7) Resolution No. 2007-196 – Authorizing the Mayor to: Execute Amendment No. 1 to the Agreement with VenueTech Management Group, Inc. for Management Services for the Dougherty Valley Performing Arts Center and the Front Row Theatre; Extend the Term of the Agreement from November 30, 2007 through June 30, 2008; Provide an Advance Account for the Purpose of Handling Petty Cash Payments for both Theatres in the Amount of $5,000; and Authorize an Appropriation from the General Fund Reserve in the Amount of $50,000 for These Services for a Total Contract Amendment Not to Exceed $185,700.

(#8.8) Resolution No. 2007-197 – Authorizing the City Manager to Sign Cooperative Agreement No. 43.00.110 Between the City of San Ramon and the Contra Costa Transportation Authority to Receive $259,913 in Transportation Funds for Clean Air and $162,690 in Measure C Carpool and Congestion Mitigation Air Quality Funds for Fiscal Year 2007-2008 to Implement the City of San Ramon and Southwest Area Transportation’s Transportation Demand Management Programs.

(#8.9) Resolution No. 2007-198 – Authorizing the Mayor to Execute Amendment No. 2 to the Agreement with Keenan & Associates for Employee Health Benefits Consulting.

Vice Mayor Perkins’ motion to adopt consent calendar items 8.1 through 8.9 was seconded by Cm. Livingstone and passed 5-0.

Cm. Livingstone commented that three area residents called him to compliment the paving contractor (MCK Services, Inc.) on performing an unusually good job on the Norris Canyon Road Pavement Rehabilitation Project.

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The staff report was provided by Lisa Bobadilla, Transportation Division Manager, and included a summary of the Dougherty Valley development. Deborah Fehr of Kimley Horn & Associates, the City’s on call traffic engineering consulting firm, reviewed the requirements involved in establishing legal speed limits. Officer Dave Heinbaugh explained that the Police Department complies with the California Vehicle Code (CVC) to enforce the laws along public roadways. According to CVC, in order to cite a motorist for a speed violation using radar, there must be a valid speed survey and a posted legal speed limit. Using radar in an area which is deemed a speed trap by the CVC makes any detentions unlawful.

Ms. Bobadilla noted that all the work has been completed for the installation of two traffic signals along Windemere Parkway at Bellingham and Silva and that crossing guards will be located at the intersection of Harcourt and Bandol for Hidden Hills Elementary School and at Sherwood and Baker for Live Oak Elementary School.

Mayor Wilson asked for an explanation of the Safe Routes to School program. Ms. Bobadilla responded. Cm. Rowley stated that, as a former San Ramon school principal, she noted a marked improvement when the Safe Routes to School program was initiated in 1989. Ms. Bobadilla reported that a new Dougherty Valley School Safety Committee has been organized and they had their first meeting on November 26, 2007.

Vice Mayor Perkins asked for clarification on school zones and the specific traffic requirements. Ms. Bobadilla responded that the CVC defines school zones and the speed limits when children are present. Vice Mayor Perkins noted that there will be 14 traffic lights on East Branch and Windemere Parkway by the summer of 2008.

Mayor Wilson asked who parents can talk to regarding school traffic safety. Ms. Bobadilla stated that they can work with the PTA, school administrators, Safe Routes to School and the City’s Transportation Advisory Committee. Mayor Wilson said that the School District, not the City, determines where schools are located in the City.

Mayor Wilson asked the City Attorney to clarify the City’s legal action regarding the two petitions. Acting City Attorney Bob Saxe explained that the City’s action involves the Election Law and the initiative process. The City is seeking clarification from the court on whether the way in which the initiative is drafted is in conflict with the law and violates the "one subject rule" specified in Article 2 of California Constitution Section 8D. The purpose of the declaratory relief is to obtain direction from the court on this issue prior to the election instead of after the election.

Vice Mayor Perkins’ motion to introduce the ordinance, waive the reading, open the public hearing, take public testimony, provide feedback to staff, close the public hearing, and continue to December 11, 2007 was seconded by Cm. Livingstone and passed 5-0.

Mayor Wilson opened the public hearing.

John Adams, resident, noted that people drive too fast. He supports the Police ability to enforce the law. He asked that the City amend the speed limit to a safe level.

Randall Chow, resident, was critical of the traffic surveys. They are flawed because they were not taken at the optimum time but done during the summer. He is concerned for his family’s safety if the speed limit is raised. He feels that a Council vote on December 11, 2007 is too soon and suggested waiting until the community is built out before voting.

Amy Cole, resident, stated that she has requested flashing lights, a crossing guard and improved signage at the intersection of Harcourt and Windemere but that no action has been taken. She is concerned for her children’s safety. She requested that trees blocking school zone signs be trimmed.

Laura Meddaugh, resident, expressed concern about increasing the speed limit. She asked the Council to address the length of timing at the traffic lights.

Roz Rogoff, resident, questioned the contradictions of proposed recommended speeds for Windemere and Monarch which are less than the 85^th percentile noted in the study. Police Chief Scott Holder explained that the City has discretion and can set a speed at 5 mph lower than the 85^th percentile. Ms. Rogoff suggested doing another traffic study.

Mark Smith, resident, requested that the City evaluate the traffic speeds near school times. He said that there are no stop signs and so speeding continues. He noted that it is difficult to park at Hidden hills school and suggested better signage and flashing lights.

Doug Burr, resident, addressed the City’s lawsuit on the single subject rule. He stated that the lawsuit is costing him time and money and is an effort by the City to prevent him from pursuing his constitutional rights. Mayor Wilson responded that the City is seeking legal clarification. The Council needs to protect the City’s residents and is very concerned with the safety of children. Mr. Burr remarked that if every school in San Ramon has had a problem with traffic than the philosophy of the City’s Transportation Department has a problem. He stated that "Slower is safer" and noted that several other cities have implemented lower speeds and that San Ramon should also.

Jennifer Visperas, resident, commented that the traffic is flying down Windemere Parkway and she does not see any Police enforcement. She is concerned for her family’s safety. She stated that more trees need to be trimmed so that all traffic signs can be seen.

Sandra Olinger, resident, asked who determined that 30 mph is the norm for construction zones. She stated that since the roads have been posted for 30 mph for all these years, it helps to keep the speed down. She does not want to see Windemere turn into another Tassajara Road. She asked when Windemere Parkway will open to Tassajara Road. City Manager Herb Moniz responded that the Dougherty Valley development maps did not include Tassajara Road due to a clerical error. Because the road is in the county, the county won’t maintain it and the situation is currently under legal entanglements.

Steve Konold, resident, stated that he loves the community but asked if the City would consider looking at legal ways to lower the speed limit so that the Police can issue tickets. He suggested positioning a police vehicle to deter speeders.

Richard Shaw, resident, is concerned about his children crossing Windemere parkway on their way to school. He suggested that visible enforcement would deter speeders and requested that the Council find a way to lower the speed limits on Windemere Parkway and East Branch Parkway. He requested a stop light or stop sign south of Sherwood to slow traffic.

Piotr Gruszka, resident, wants the community to stay safe. He stated that whoever has jurisdiction for certain streets in Windemere is negligent because of inadequate and improperly placed signage. He remarked that the 25mph signs are useless and requested flashing lights or a stop sign at Hidden Hills school.

Kevin Hui asked if there have been any accidents on Windemere Parkway in the past two years. He requested that a traffic study be conducted during school hours on Albion. He asked when the 25 mph signs and flashing lights will be installed. He questioned if the Windemere signals are timed and asked the City to drop its lawsuit against Mr. Burr.

Asif Khan, resident, requested the presence of Police patrol cars. He noted that traffic on Alcosta seems to be controlled with several stop signs. He noted that it is a good example of what the City can do to control speeding.

K. Saikali, resident, questioned the statistical significance of the 85^th percentile used in the traffic surveys. Some of the surveys have bias in their design. He suggested selecting another day and time for the surveys.

Ted Tarason, resident, asked if the legal speed limit is set at 25 mph near schools if the Police can enforce this limits with radar during school hours.

Roz Rogoff, resident, suggested that if the Police cannot enforce the speed limits that they provide warnings and use other methods to alert drivers to the speed issue.

Wil Damian, resident, observed that Mayor Wilson adopted a defensive posture regarding Mr. Burr. He questioned the implementation of the Safe Routes to School studies.

Mayor Wilson closed the public hearing.

The City Clerk read two emails into the record. Rob and Mary Kate Harazin requested that the City Council not raise the speed limits on East Branch or Windemere Parkway. Pam Wong requested that the City Council consider the safety of children walking to Hidden Hills and Live Oak Elementary schools. She requested that if the speed limits are increased that one or more of three options be implemented: flashing lights requiring a 25 mph speed limit while school is in session; school zone signs or flashing beacons; flashing crosswalk lights to alert drivers to crossing pedestrians.

Cm. Hudson clarified the speed limits on Alcosta and noted that the limit is 30 mph with housing and otherwise it is 40 mph. He noted that the State of California believes that 85% of drivers are good drivers. However, the remaining 15% are bad drivers; it is this 15% that cause collisions and violate laws, hence our law enforcement techniques must be designed to target these 15%. Furthermore, establishing speed limits more than 5 miles per hour below the 85^th percentile speed may make violators of a disproportionate number of the reasonable majority of drivers. Therefore, speed limits are set according to what the 85% of good driver’s prevailing speeds are along any given roadway. He suggested that the residents do not want another traffic study which may show a higher 85^th percentile speed. He noted that the problem is caused by neighbors. Once the speed limit is established, the Police will be able to write tickets. He added that the 40 mph speed limit will not preclude people from drive 25-30 mph. He said that the residents’ message to the Council is clear, reduce speeds.

Cm. Livingstone requested that staff outline the parameters for a traffic study that the City is allowed to use to make it legal. He does not recommend another study. He added that area neighbors contribute to the speeding problem.

Vice Mayor Perkins commented that school zone signs, flashing lights, increased signage and more enforcement will improve the speeding problem. He requested that city staff trim vegetation where needed and requested information on the technical details regarding how to establish school zones.

Cm. Rowley thanked the residents for their input. She asked staff to evaluate where flashing signs should be located for maximum effectiveness.

City Manager Herb Moniz stated that the City will complete the analysis of the signage, make recommendations for what could be done, and will work immediately on school zone enforcement to ensure the safety of children.

The City Clerk announced this item. Vice Mayor Perkins’ motion to nominate Cm. Livingstone for Vice Mayor was seconded by Cm. Hudson. Mayor Wilson asked if there were any other nominations. There were none. The Council voted 4-0 with Cm. Livingstone abstaining. Cm. Livingstone was elected as the new Vice Mayor.

Vice Mayor Perkins thanked the Council for their support and stated that he enjoyed representing the City and standing in for the Mayor as needed.

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City Manager Herb Moniz had no comments.

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Vice Mayor Perkins asked residents to cheer for Navy. Cm. Hudson encouraged residents to cheer for the California High School Grizzlies.

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Mayor Wilson encouraged residents to participate in the Bah Humbug Run and Holiday on the Farm which are scheduled for December 1, 2007. The Dougherty Valley Performing Arts Center is featuring a production of the "Aristocats". The Youth Symphony Holiday Concert will be held on December 3, 2007. Families can enjoy Brunch with Santa and the Sing Along Messiah on December 8, 2007. Please check the City’s web site for additional information and programs. He asked residents to support local food drives and help those who are less fortunate.

At 10:10 p.m., there being no further business, Mayor Wilson adjourned the meeting.

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

Approved at the December 11, 2007 City Council meeting, 5-0.