A regular meeting of the City Council of the City of San Ramon was held April 8, 2008 at 6:32 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, Engineering Services Director Joye Fukuda, Deputy City Clerk Renee Beck and City Clerk Patricia Edwards.

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At 6:32 p.m., the Council met in Closed Session pursuant to Government Code §54956.9 (a) for City Council to meet with City Attorney regarding (1) existing litigation: Sierra Club v. City of San Ramon, et al; and (2) existing litigation: East Bay Regional Park District v. City of San Ramon et al.

At 7:05 p.m., Mayor Wilson reconvened the meeting. All Councilmembers were in attendance. Vice Mayor Livingstone moved that the Mayor be authorized to execute a Settlement Agreement with the Sierra Club as recommended by the Director of Planning Services, approved by the City Manager, and approved as to form by the City Attorney. The motion was seconded by Cm. Perkins and carried unanimously (5-0). Vice Mayor Livingstone moved that the Mayor be authorized to execute a Settlement Agreement with East Bay Regional Park District as recommended by the Director of Planning Services, approved by the City Manager, and approved as to form by the City Attorney. The motion was seconded by Cm. Perkins and carried unanimously (5-0).

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Ela Altamirano, Emma Beal, Haley Farrell, Dana Huie, Maya Vallinayagam and Zoe Whitaker, members of Brownie Troop 472 from Walt Disney Elementary School, led the staff and the audience in the pledge of allegiance.

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The City Clerk noted that there were no changes or additions to the agenda. The City Clerk noted that there were no changes or additions to the Boards, Committee and Commission meetings listed on the April 8, 2008 agenda.

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Mayor Wilson presented the proclamation to Pauline Chiew Nolte. Mrs. Nolte thanked the City and those responsible for bringing the Jazz Series to the Valley. She introduced fellow San Ramon Library Foundation Jazz Committee members Sandy Murchison and Joyce Gunn, San Ramon Librarian Anna Koch, and Murielle Boortz who represented Chevron, the title sponsor. Mrs. Nolte presented Ms. Boortz with a framed 2007 program poster. Mayor Wilson thanked Chevron for its sponsorship. Ms. Boortz said that Chevron is pleased and proud to support the community, the library, and the Jazz Series. Mrs. Nolte recognized the other sponsors including a Grand Piano donated by Sherman Clay, Diablo Printing and Copying, Starbucks, Blackhawk Museum, the City, the Contra Costa County Library, and the Library Foundation. Ms. Koch reported that they are planning the 2008 program and expect it to be as successful as the 2007 series.

Engineering Services Director Joye Fukuda introduced Christopher Low and Jean-Paul Ripert. They are being recognized for their work with Dougherty Valley developers, County staff and City staff to expedite and coordinate the roadway and traffic signal acceptances which enabled Dougherty Road to open on March 26, 2008. Ms. Fukuda reviewed the qualifications and job responsibilities for Mr. Low and Mr. Ripert. Mayor Wilson presented each of them with a certificate and a gold star. Mr. Low thanked the Council for this recognition. He acknowledged that Dougherty Valley is a huge project and a complicated process involving the developers, the County, and City staff from the Public Services, Engineering, and City Clerk Departments. He feels privileged to work in San Ramon and serve the community. Mr. Ripert recognized the contributions of County and Lennar staff and stated that he is looking forward to continuing the project.

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

Andrew Phuon, member of Boy Scout Troop 834, presented his Eagle Scout project to the Council. He proposed installing a Blue Star memorial marker at Memorial Park to recognize the United States Armed Forces. He has secured funding from Veterans of Foreign Wars, American Legion, Rotary Club, and the Blue Star Moms. David Oakley, representing the Amador Valley Garden Club, stated Club funds are available but they need the Council’s approval of the project in order to proceed. Mayor Wilson stated that City staff will contact Mr. Phuon for additional information.

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Vice Mayor Livingstone’s motion to approve the March 25, 2008 minutes was seconded by Cm. Rowley and passed 5-0.

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(#8.1) Resolution No. 2008-69 – Authorizing the City Manager to Execute Amendment No. 1 to the Memorandum of Understanding Between the City of San Ramon and the Police Services Employees.

(#8.2) Resolution No. 2008-70 – Accepting the Improvements for Culvert No. 4 Beneath Windemere Parkway Within RA 1129 for Maintenance (Windemere BLC, Land Development Company, LLC).

(#8.3)Resolution No. 2008-71 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in RA 1137 (Portion of East Branch Parkway) for Maintenance (Windemere BLC, Land Development Company, LLC).

(#8.4) Resolution No. 2008-72 – Accepting Certain Landscape Dedications and Certain Landscape Improvements within Parcels D, E, and F of Subdivision 8509; Parcels B, C, and D of Subdivision 8773; Parcel A of Subdivision 8774; Parcel A of Subdivision 8776; and Parcel A of Subdivision 8777, Installed as Part of RA 1151 (Portions of East Branch Parkway and Sherwood Way) for Maintenance (Windemere BLC, Land Development Co., LLC).

(#8.5) Resolution No. 2008-73 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in RA 1151 (Portions of East Branch Parkway and Sherwood Way) for Maintenance (Windemere BLC, Land Development Company, LLC).

(#8.6) Resolution No. 2008-74 – Appropriating $57,250 from the South Contra Costa County Joint Exercise of Powers Authority Regional Traffic Impact Fee Fund and Authorizing the Mayor to Execute a Reimbursement Agreement with Shapell Industries for the Design of the Dougherty Road Widening Project (CIP 5332) in an Amount not to Exceed $57,250.

(#8.7) Resolution No. 2008-75 – Establishing a Rate of $35 per Equivalent Runoff Unit for Fiscal Year 2008/09 for the National Pollutant Discharge Elimination System Stormwater Program and Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment.

(#8.8) Resolution No. 2008-76 – Authorizing the Appropriation of $61,716 from the City Manager’s Contingency Fund to be Allocated to the Tri-Valley Community Television Corporation (TV30) for Emergency Funding for Fiscal Year 2007/08.

(#8.9) Resolution No. 2008-77 – Authorizing the Mayor to Execute Amendment No. 2 with Calsense to Provide Centralized Irrigation System Upgrades (CIP 5404) for an Additional Year in an Amount Not to Exceed $112,500 for Amendment No. 2 and a Total Agreement Amount Not to Exceed $252,500.

(#8.10) Resolution No. 2008-78 – Authorizing the Mayor to Execute Amendment No. 1 to the Existing Agreement with White Oak Landscape, Inc. to Renew the Agreement for One Year for Parks Turf Mowing Services and Increase the Scope of Work to Include Additional Dougherty Valley Parks in a Total Annual Amount Not To Exceed $214,217.

(#8.11) Resolution No. 2008-79 – Authorizing the Mayor to Execute Amendment No. 1 to the Existing Agreement with FloraTech Landscape Management, Inc. to Renew the Agreement for One Year for Parks Turf Mowing Services in a Total Annual Amount Not To Exceed $282,677.

(#8.12) Resolution No. 2008-80 – Authorizing the Mayor to Execute an Agreement with ACCO Engineered Systems, Inc. for the Heating, Ventilation, and Air Conditioning Replacement Project (CIP 5425) in an Amount Not to Exceed $699,061.

Cm. Hudson’s motion to adopt consent calendar items 8.1 through 8.12 was seconded by Cm. Rowley and passed 5-0.

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City Attorney Byron Athan provided the staff report. There were no questions from the Council. Mayor Wilson opened public comment.

Jim Gibbon, resident, agreed with the change from odd to even year elections and acknowledged that the Council will decide to shorten or lengthen their terms.

Roz Rogoff, resident, stated that she is against the Charter amendment because the wording does not make it clear what the voters are voting for in terms of term length. She recommended either clarifying the wording or putting two measures on the ballot: one to extend terms and one to shorten terms. She reviewed the history of the City’s election expenditures and concluded that past elections do not support the argument that changing to an even year election will provide a cost savings. She suggested that the money saved in the 2007 election could be used in future elections.

City Attorney Athan clarified that this Charter amendment, if passed, would allow the Council to avoid holding an election every year. The decision to change the date of the election will be addressed later. Mayor Wilson closed the public comment.

Cm. Perkins stated that this Charter amendment will change the date of the mayoral election so that it will coincide with the Council’s election. Mr. Athan concurred.

Cm. Hudson stated that, in order to understand election costs, it is important to know the total number of participants. Currently, only three participants hold elections in odd years. A change to the City Charter requires a municipal election. Coordinating a municipal election with a presidential election results in the least expensive election. Therefore, this is the least expensive way to change the mayor’s election.

Cm. Rowley asked the Council to consider removing the mayoral term limits. Cm. Perkins recommended that this issue be referred to the Policy Committee for discussion. Mayor Wilson stated that the Council must be careful with City’s funds. He is concerned with the factors which influence elections costs. He supports the proposed amendment.

Cm. Perkins’ motion to adopt Resolution No. 2008-81 was seconded by Cm. Hudson and passed 5-0.

City Attorney Byron Athan provided the staff report. There were no questions from the Council. Mayor Wilson opened public comment.

Jim Gibbon, resident, opposes the way the Charter Amendment is written. He stated that the mayor’s salary should be established by an independent third party so that the salary decision has credibility. The Council should not be making the adjustment. He added that all reimbursements given to Councilmembers should be public record. The mayor should be compensated for the amount of work which he does but added that the San Ramon mayor’s job should not be a full time job.

Cm. Hudson stated that comparison studies of the mayor’s salary have been requested several times. The issue is not the amount of the salary but whether the mayor’s salary should be included in the City Charter. He believes that the mayor’s salary should not be included in the City Charter and a Charter amendment is needed to make this correction.

City Attorney Athan noted that the Charter Amendment does what Mr. Gibbon is requesting and that the decision regarding the mayor’s salary will be discussed in open session during a Council meeting.

City Manager Herb Moniz stated that the salaries of the mayor and councilmembers are public records. All salaries and reimbursements are in the City budget. There is a process in place which requires approval for reimbursements prior to incurring the expense. This information is available in the monthly Register of Demands.

Cm. Perkins noted that the effect of this Charter Amendment is to remove the mayor’s salary from the City Charter. The previous Council salary adjustment was reviewed by the Policy Committee which studied comparable area Council salaries and the previous inflation adjustment. The amount of the salary is not germane to this amendment. Mr. Athan added that payment to the mayor and councilmembers for expenses incurred in the performance of their public duties is required by the California Government Code.

Cm. Perkins’ motion to adopt Resolution No. 2008-82 was seconded by Cm. Hudson and passed 4-0. Mayor Wilson abstained.

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City Manager Herb Moniz reported on a meeting with Danville Town Manager Joe Calabrigo to discuss the cost of providing police services and the impact of the County’s unfunded retirement liability on the cost of contracting with the County’s Sheriff’s Department. A meeting is being scheduled with the Council’s liaison committees to discuss the Tassajara Valley Sphere of Influence request from LAFCO, the delay, and Danville’s participation in San Ramon’s effort.

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Cm. Rowley announced the exciting Forest Home Farms Historic Lecture Series. "San Ramon Valley in the 1960’s" is the topic for the April 21, 2008 lecture at the San Ramon Community Center. The May 19, 2008 lecture at the Forest Home Farms Tractor Barn will be "Update on the David Glass House".

Cm. Hudson reported that San Ramon’s request for a $100,000 grant application was approved by the Southwest Area Transportation committee. This grant is to fund Phase II of the Iron Horse Trail Bicycle/Pedestrian Corridor Concept Plan. The next step is to present it to Contra Costa County Transportation Authority (CCTA). He attended a session at the Planners’ Institute entitled "Doing the Right Thing" to fulfill the AB 1234 (ethics) requirement. This session included the importance of public perception in the analysis of the right thing to do in public service. Public service values to consider in making decisions are trustworthiness, fairness, responsibility, respect, loyalty and compassion. He provided updates on AB 642, AB 1815, and SB 619 from the League of California Cities’ Policy Committee meeting. He anticipates that the City will receive Measure 1B funding by the end of the fiscal year.

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Mayor Wilson invited residents to apply for openings on the Parks and Community Services Commission, Planning Commission, Teen Council, Arts Advisory Committee, Library Advisory Committee and San Ramon Poet Laureate position. Applications are due by April 25, 2008. He stated that the County needs assistance for the June election.

Information for anyone interested in serving on the County Grand Jury is available on the City web site. He reminded everyone that the Street Smarts – Character Counts! Skate night is scheduled for April 16, 2008 at Golden Skate. He welcomed participants to the Forest Home Farms’ Artists’ Day on April 21, 2008. Anyone interested in participating in the first Annual YMCA Family Fun Bike Ride on April 27, 2008 at Hap Magee Park in Danville should contact the YMCA. He reminded residents that Council and City actions are public and encouraged them to contact the Council if they had any questions.

At 8:20 p.m., there being no further business, Mayor Wilson adjourned the meeting.

Approved at the April 22, 2008 City Council meeting 4-0; Perkins Absent.