A regular meeting of the City Council of the City of San Ramon was held February 26, 2008 at 6:09 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Vice Mayor Livingstone presiding.

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

ABSENT: Mayor Wilson (for Closed Session only).

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Police Chief Scott Holder, Public Services Operations Division Manager Jeff Gault, Parks and Community Services Director Jeff Eorio, Finance Director Greg Rogers, and City Clerk Patricia Edwards.

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At 6:09 p.m., the Council, except for Mayor Wilson, met in Closed Session pursuant to Government Code §54956.9 for City Council to meet with the City Attorney regarding existing litigation: (a) San Ramon for Open Government v. City of San Ramon; (b) Sierra Club v. City of San Ramon, et al; and (c) East Bay Regional Park District v. City of San Ramon, et al.

At 7:18 p.m., Mayor Wilson reconvened the meeting. All Councilmembers were in attendance. Vice Mayor Livingstone reported that Cm. Hudson moved that the Mayor be authorized to execute a Memorandum of Understanding in the case of San Ramon for Open Government v. City of San Ramon discussed in Closed Session and in a form approved by the City Attorney. The motion was seconded by Cm. Perkins and passed 4-0. Mayor Wilson was absent. Mayor Wilson reported that no action was taken by the City Council on the other two Closed Session items.

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Planning Commissioners Harry Sachs and Dennis Viers 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 there were none.

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The City Clerk reported that Ms. Titus was unable to attend the meeting. The presentation will be rescheduled.

Public Services Operations Division Manager Jeff Gault introduced Jose Gonzalez, an 18 year City employee. He is being recognized for coordinating and dispatching maintenance personnel to provide emergency storm related services.

Mayor Wilson presented Mr. Gonzalez with a certificate and a gold star and thanked him for his outstanding efforts. Mayor Wilson recognized the importance of the Public Services Department staff. Mr. Gonzalez thanked the Council for this recognition.

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Parks and Community Services Director Jeff Eorio provided the staff report. The City Clerk announced the vacancies in October 2007. Three members have terms expiring in January 2008. An ad was placed in the San Ramon Valley Times and on the City Website. Two applications were submitted by the deadline. The Parks and Community Services Commission interviewed incumbents Eileen Dowell and Kenneth Bradshaw and voted to recommend their re-appointment for terms through January 2010. Although not interested in serving another full term, LAC member Srilatha Gollapalli offered to serve until her replacement is appointed per the By-Laws.

Cm. Rowley’s motion to re-appoint Eileen Dowell and Kenneth Bradshaw to the LAC with terms through January 2010 was seconded by Vice Mayor Livingstone and passed 5-0. Mayor Wilson thanked Ms. Dowell and Mr. Bradshaw for their service.

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The City Clerk noted that there were four requests for public comment.

Eric Wallis, resident and Chair of the Economic Development Advisory Committee, recapped the history of the City Center Project. He stated that many public workshops and meetings were held which provided opportunities for public input. He added that the City Center Project presentations were met with virtually unanimous support and that it is important for this City for the Project to move forward.

Jim Eaneman, resident and member of the Parks and Community Services Commission, took exception to the inflammatory biased rhetoric concerning the City Center Project. He asserted that an objective review of the facts leads one to conclude that the City Center is in the best interest of San Ramon and that the Project needs to go forward. In order for the City to flourish, the existing residential and commercial segments need to be augmented by new businesses and taxes which will be provided by this Project.

Pat Boom, resident, asked the Council to consider funding for the pavement at Forest Home Farms when reviewing the mid-year budget report later in the meeting.

Marlene Farrell, resident, director of Art Design at the Academy of Art University in San Francisco, stated her support for the City Center Project. She said that it is an example of good planning, sustainable areas and will serve the members of the community. It will bring pride to the community and is the right project at the right time at the right price.

Cm. Hudson thanked Ms. Farrell for her support. He added that he is glad that the academic community supports the Council’s action. Ms. Farrell noted that the aging population prefers to remain in their communities but in a smaller home.

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Vice Mayor Livingstone’s motion to approve the February 12, 2008 minutes was seconded by Cm. Perkins and passed 5-0.

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(#8.2) Adoption of Ordinance No. 402 – Amending Division D3, Site Planning and Project Design Standards; and Section D8-2, Definitions of Specialized Terms and Phrases of Chapter I, Definitions of Division D8, Glossary of Title D, Zoning of the Municipal Code of the City of San Ramon to Permit and Regulate Portable Outdoor Storage Units.

(#8.3) Minute Order No. 2008-02 – Accepting the Work by Top Grade Construction, Inc. for the Construction of Annual Pavement Management Project, Phase III (CIP 5366) as Complete and Authorize the City Clerk to File a Notice of Completion with the County Recorder's Office.

(#8.4) Resolution No. 2008-32 – Accepting Certain Roadway and Storm Drain Dedications and Improvements in RA 1170 (Dalton Way) for Maintenance (Windemere BLC, Land Development Company, LLC).

(#8.5) Resolution No. 2008-33 – Accepting Certain Roadway and Storm Drain Dedications and Improvements in RA 1152 (Stoneleaf Road) for Maintenance (Gale Ranch and Rose Garden at Gale Ranch – Shapell Industries).

(#8.6) Resolution No. 2008-34 – Appropriating $1,372,000 from the Southern Contra Costa Joint Exercise of Powers Authority Fund and Authorizing the Mayor to Execute Amendment No. 2 to the Reimbursement Agreement with Shapell Industries for Bollinger Canyon Improvements Phase 3 from Alcosta Boulevard to Iron Horse Trail (CIP 5324) in an Amount not to exceed $1,372,000.

(#8.7) Resolution No. 2008-35 – Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with Kimley Horn & Associates for Traffic Engineering Consulting Services in an Amount not to Exceed $150,000 and Authorize a Contract Extension to December 31, 2009.

(#8.8) Resolution No. 2008-36 – Authorizing the Mayor to Execute a Reimbursement Agreement with Shapell Industries for the Design of the Dougherty Road Widening Project from 1,880 feet north of Old Ranch Road to the South City Limit (CIPs 5330, 5331, and 5333) in an Amount not to Exceed $463,000.

(#8.9) Resolution No. 2008-37 – Authorizing the Mayor to Execute Amendment No. 2 to an Existing Contract with Moreland and Associates, Inc. to Provide Audit Services and the Preparation and Reporting of the Annual State Controller’s Reports for Two Additional Years in an Amount not to Exceed $115,113 for Amendment No. 2 and a Total Contract Amount not to Exceed $280,848.

(#8.10) Resolution No. 2008-38 – Authorizing the Cumulative Expenditures of an Amount not to Exceed $200,000 with Mobile Modular Corporation for Trailer Leases through March 2012.

(#8.11) Resolution No. 2008-39 – Authorizing the Expenditure of an Amount not to Exceed $152,000 with the San Ramon Valley Unified School District for Fiscal Year 2007-08.

(#8.12) Resolution No. 2008-40 – Authorizing the Cumulative Expenditure for Fiscal Year 2007-08 of an Amount not to Exceed $190,800 with the San Ramon Valley Fire Protection District for Fuel for City Vehicles.

(#8.13) Resolution No. 2008-41 – Authorizing the Mayor to Send a Letter to the San Francisco Bay Regional Water Quality Control Board Addressing Concerns Regarding the Tentative Order for Stormwater Discharges from Phase I Municipal Permittees in the San Francisco Bay Region.

Vice Mayor Livingstone’s motion to adopt consent calendar items 8.1 through 8.13 was seconded by Cm. Hudson and passed 5-0.

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Parks and Community Services Director Jeff Eorio introduced Pallavi Sharma, Chairperson, Arts Advisory Committee (AAC), who gave the report. Ms. Pallavi reviewed the 2006-07 AAC accomplishments and actions which included the: Public Art Program Approval; Dougherty Station Community Center & Central Park Rose Garden Call for Artists; Art Banner Project; Young & Burton Public Art Project; Grand Opening Dougherty Valley Performing Arts Center; Fire Truck and Monarch Park Tile Walls; Poet Laureate; Review and Analysis of City Sponsored Cultural Art Events; Take Five for Art Collaboration; and Review and Select Art for the 2008 Gallery Year. She presented the Goals and Objectives for 2008. Some of these included: advising staff on policies and procedures for Dougherty Valley Performing Arts Center operation; creating a Public Art Master Plan for the City of San Ramon; creating a new 5 year Cultural Plan for the City of San Ramon; advising staff on promotion of art programs and events; maintaining and encouraging existing Performing Art and Visual Art Programs; and encouraging, supporting and facilitating literary art programs.

Cm. Perkins thanked Ms. Sharma for her work on the LAC and added that he is enjoying the current season at the Dougherty Valley Performing Arts Center and looks forward to next season. Cm. Rowley thanked Ms. Sharma for her enthusiasm and love of the arts.

Mayor Wilson thanked Ms. Sharma for sharing her passion and enthusiasm for the Arts.

Cm. Hudson’s motion to receive the report was seconded by Cm. Perkins and passed 5-0.

The staff report was presented by Greg Rogers, Finance Director. He reviewed the key issues which are a slowing economy and weak real estate market which impacts revenues, the General Fund Contingency Reserves, estimated General Fund revenue and expenditures, and the proposed mid-year adjustments. He noted that there is a lot of uncertainty because of the State budget. At mid-year, the revenues were $1.8 million more than last year while the revenue estimate was $.5 million below the budget. He anticipates a weak revenue trend for the remainder of the year. In conclusion, he stated that the General Fund is in a stronger financial position at year end with approximately $700,000 higher reserves before the mid-year adjustments.

City manager Herb Moniz commended the Finance Committee and the City Council for the hard work on the City’s Budget. He recognized the contributions of the Finance Department and Department Heads for an incredible job and thorough report.

Mayor Wilson opened the public comment.

Pat Boom, resident, commented that she is pleased with the inclusion of funding for the last phase of the Glass House Renovation Project in the Budget. She asked when the construction would be completed.

Jean Ohman, resident, also thanked the Council for their action on the Glass house and noted that the San Ramon Historic Foundation has approximately $28,000 earmarked for furnishings. Cm. Perkins congratulated Ms. Ohman for being honored as the San Ramon Chamber of Commerce’s Citizen of the Year for 2007.

Mayor Wilson thanked the City Manager and City staff for a job well done.

Cm. Perkins’ motion to adopt Resolution No. 2008-42 was seconded by Cm. Rowley and passed 5-0.

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City Manager Moniz advised the Council that the Dougherty Valley developers requested an acceleration of the Dougherty Valley annexation proceedings. He reported that Jeff Eorio and he provided input to the San Ramon Valley Unified School District’s Superintendent Search Committee. He also reported that the recent League of California Cities City Manager Annual Conference painted a very bleak economic picture.

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(#12.1) Update on Support for Metropolitan Transportation Commission to Provide Continued and Expanded Funding to Local Institutions for the Maintenance and Improvement of Streets and Roads.

Cm. Hudson reviewed the proposed resolution requesting support for the Metropolitan

Transportation Commission (MTC) to provide continued funding and expanded funding to local jurisdictions for the maintenance and improvement of streets and roads. He cautioned that the MTC’s Regional Transportation Plan could divert funds to regional programs at the expense of local streets and roads. Prior to 1991, federal funding for local streets and roads was provided directly to cities and was not available to MTC for diversion to regional programs.

Cm. Hudson explained the impact of annexing Tassajara Valley into the City’s Sphere of Influence (SOI). He disputed the accusations made against the City by the Greenbelt Alliance in their February 25, 2008 letter to Lauren Barr, Senior Planner.

Cm. Rowley encouraged residents to attend the Street Smarts Storybook Poster Contest Awards ceremony on February 27, 2008 at the San Ramon Community Center. This is a very important program designed to increase everyone’s awareness of street safety.

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Mayor Wilson informed residents that the City’s Spring Recreation Guide is available. He invited residents to attend the Cioppino and Pasta Dinner at the Senior Center on March 7, 2008 and to enjoy the San Ramon Symphonic Band, at the Dougherty Valley Performing Arts Center, on the same evening. The Community Chorus’ St. Patrick’s Day Concert will be held on March 8, 2008 at the Front Row Theatre in the Dougherty Valley Community Center. He encouraged residents to become involved in the City by serving on a City Board, Committee, or on a variety of Contra Costa Commissions and submit their application by the February 29, 2007 deadline. He read a personal letter to General James T. Conway, Commandant of the United States Marine Corps stating that it was reprehensible to the members of the City Council that a city in the Bay Area would advise the Marine Corps that they are unwelcome in its community. He recognized the services and sacrifices made by members of the United Stated Armed Forces which help to preserve and protect the American way of life and liberty.

At 8:49 p.m., there being no further business, Mayor Wilson adjourned the meeting.

Approved at the March 25, 2008 City Council meeting 5-0.