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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

May 27, 2008

A regular meeting of the City Council of the City of San Ramon was held May 27, 2008 at 7:08 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, Program Manager Kathi Heimann, Deputy City Clerk Renee Beck, Parks and Community Services Director Jeff Eorio, Administrative Services Director Greg Rogers, Associate Planner Cindy Yee, Senior Engineer Robin Bartlett, and City Clerk Patricia Edwards.

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PLEDGE OF ALLEGIANCE

Valerie Amaral led the staff and the audience in the pledge of allegiance.

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ANNOUNCEMENTS

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 May 27, 2008 agenda.

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SPECIAL PRESENTATIONS

(#4.1) Recognition of the 2008 Art & Wind Festival Sponsors: Presenting Sponsor – Chevron; Gold Sponsors – Windemere, Comcast; Silver Sponsors – San Ramon Regional Medical Center, Fox Real Estate, San Ramon Marriott, Contra Costa Times, KKIQ (101.7).

Parks and Community Services Department Program Manager Kathi Heimann introduced three event sponsor representatives: Joe Finden from KKIQ, Glenn Mendall from Fox Real Estate and Jim Burt from Comcast. Mayor Wilson presented each of the sponsor representatives with a framed Art and Wind poster and thanked them for their support. He thanked all of the event’s sponsors and the City staff for their contributions to the success of the Festival.

(#4.2) Recognition of "Why I Plan to Register and Vote When I Turn 18" Essay Contest Winners from Windemere Ranch Middle School: First Place Winner:

Wayne Chi; Instructor Bridget Weldon-Ott; Second Place Winner: Rebecca Rashid; Instructor Bridget Weldon-Ott; Presentation of Grant Money in Honor of the Winners to Pamela Jones, Instructor Windemere Ranch Middle School.

Deputy City Clerk Renee Beck reported that the City Clerk’s office sponsored an essay contest to promote voter registration. The Rotary Club of San Ramon provided a $200 grant to be awarded to the school’s library. Ms. Beck introduced Bridget Weldon-Ott. Ms. Weldon-Ott introduced the essay contest winners, Rebecca Rashid and Wayne Chi. Ms. Rashid stated that it is an honor to be presented this award by the Council. Mr. Chi summarized the key points of his essay. Mayor Wilson presented each winner with a certificate and thanked the teachers and parents for their involvement.

(#4.3) Proclamation Declaring June 1 - 7, 2008 as National Cardiopulmonary Resuscitation and Automated External Defibrillator Awareness Week. Presented to Vicki Wright, American Red Cross Representative and Captain Andy Swartzell, San Ramon Valley Fire District, by Mayor Wilson.

Mayor Wilson presented the proclamation to Vicki Wright and Captain Andy Swartzell. Ms. Wright stated that there were 12 defibrillators in the San Ramon Valley four years ago. Today there are 150. She stressed the importance of increasing the public’s awareness and encouraged residents to become familiar with CPR. Captain Swartzell stated that defibrillators are not difficult to use. Mayor Wilson encouraged residents to take a CPR course as an important part of your family emergency preparedness.

(#4.4) Introduction of New City Employees:

Parks and Community Services Department: Billy Anderson and Patti Lev, Recreation Technicians, Facilities; Stephanie Herschu, Recreation Technician, Forest Home Farms; Evan Powell, Recreation Technician, Sports; Andrew Hubbard, Recreation Coordinator, Aquatics.

Parks and Community Services Director Jeff Eorio introduced the new replacement employees. Ms. Herschu will coordinate events at Forest Home Farms. Mr. Powell is responsible for adult and youth sports programs at Iron Horse Gym. Mr. Hubbard will oversee aquatic programs at the Dougherty Valley Olympic Pool. Ms. Lev is assigned to the facilities division at the San Ramon Community Center. Mr. Anderson will manage the facility rental program and classes at the Community Centers. Mayor Wilson presented each new employee with a City pin and welcomed them to the City family.

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CITY COUNCIL APPOINTMENTS

(#5.1) Arts Advisory Committee Appointments.

Parks and Community Services Director Jeff Eorio provided the staff report. There are currently three vacancies on the Arts Advisory Committee (AAC). An ad was placed in the San Ramon Valley Times and on the City Website. Two applications were received. A Subcommittee of the Parks and Community Services Commission interviewed the applicants. The Commission recommended that the City Council appoint Mr. Pevna and Mr. Edwards with terms expiring April 2010.

Cm. Hudson’s motion to appoint Jon Pevna and Dennis Edwards to serve on the AAC with terms expiring April 2010 was seconded by Cm. Rowley and passed 5-0. Cm. Hudson requested that the City Clerk continue to advertise to fill the remaining vacancy. Cm. Perkins added that the AAC is a very active City committee.

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PUBLIC COMMENT

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

City Clerk Patricia Edwards read a letter from Jeff Silva, Deer Ridge resident, stating his opposition to the planned rebuild and enlarging of the Arco station at Alcosta and Monte-video. Mayor Wilson asked residents to direct comments to the Planning Commission.

Roz Rogoff, resident, stated that she was shocked that the City charged Sparky George $1,500 to lease the lot for his recent muscle car show. This show raises money for the "Hats Off America" program which provides funds for the surviving families of soldiers killed in Afghanistan and Iraq. She asked the Council to consider reimbursing Mr. George for the money he has paid for rental fees in the last five years.

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APPROVAL OF MINUTES

Vice Mayor Livingstone’s motion to approve the May 13, 2008 minutes was seconded by Cm. Perkins and passed 5-0.

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CONSENT CALENDAR

Cm. Perkins requested that Consent Calendar item 8.6 be pulled for a staff report and a separate vote.

(#8.1) Register of Demands as presented by the City Treasurer (Period ending April 30, 2008).

(#8.2) Adoption of Ordinance 405 – Prezoning (Prezone 08-610-001) Approximately 110 Acres in Gale Ranch Phase 3 to Planned Development, Public and Semi Public (PS); and Open Space (OS-1).

(#8.3) Minute Order No. 2008-08 – Authorizing the Mayor to Attend the United States Conference of Mayors in Miami, FL on June 20-24, 2008.

(#8.4) Minute Order No. 2008-09 – Accepting the Work by Sausal Corporation on the Senior Center Expansion Project (CIP 5424) as Complete and Authorizing the City Clerk to File a Notice of Completion with the County Recorder's Office.

(#8.5) Resolution No. 2008-102 – Revoking Resolution No. 86-74 and Authorizing Investment of Monies in the Local Agency Investment Fund (LAIF).

(#8.7) Resolution No. 2008-104 – Authorizing the Mayor to Execute Amendment No. 2 to the Agreement with Ruggeri-Jensen-Azar & Associates for Engineering Design Services for the Bollinger Canyon Road Improvements Project from Market Place to I-680 Freeway (CIP 5324) in an Amount Not To Exceed $452,000, and Crow Canyon Road Widening from Alcosta Boulevard to Dougherty Road (CIP 5328) in an Amount Not To Exceed $25,000.

(#8.8) Resolution No. 2008-105 – Authorizing the Mayor to Execute Amendment No. 1 to an Existing Agreement with Econolite Traffic Engineering and Maintenance, Inc. to Renew the Agreement for One Year for Providing Traffic Signal Maintenance and Emergency Callout Services and Increase the Scope of Work to Include Streetlight Maintenance Services in a Total Annual Amount Not to Exceed $194,900 and a Cumulative Agreement Total Not to Exceed $945,000 and Authorizing Staff to Invoke Amendments for All Subsequent Renewals, Increases in Scope and/or Funds in a Total Agreement Length Not to Exceed Five Years.

(#8.9) Resolution No. 2008-106 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in RA 1122 (Portion of Bollinger Canyon Road) for Maintenance (Gale Ranch – Shapell Industries).

(#8.10) Resolution No. 2008-107 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in RA 1153 (Ivyleaf Springs Road) for Maintenance (Gale Ranch – Shapell Industries).

(#8.11) Resolution No. 2008-108 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in RA 1156 (Golden Bay Avenue) for Maintenance (Gale Ranch – Shapell Industries).

(#8.12) Resolution No. 2008-109 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in Subdivision 8686 for Maintenance (Shapell Industries – Rose Garden/Villa Paseo at Gale Ranch).

(#8.13) Resolution No. 2008-110 – Repealing Resolution 2007-174 and Amending the Parking Restrictions Master Street List (Exhibit 1) by Adding Parking Restrictions in Various Areas of San Ramon as Per Title B, Division B-8, Chapter I, Article I, Section B8-1, Stopping, Standing or Parking – Curb Marking Designations.

(#8.14) Resolution No. 2008-111 – Authorizing the Mayor to Execute the PG&E Pole Contract License Agreement Allowing the City of San Ramon to Install Radar Speed Display Signs on PG&E Owned Light Poles Along Montevideo Drive and Norris Canyon Road.

Cm. Hudson’s motion to adopt Consent Calendar items 8.1 through 8.5 and 8.7 through 8.14 was seconded by Vice Mayor Livingstone and passed 5-0.

(#8.6) Resolution No. 2008-103 – Adopting the Fiscal Year 2008-2009 Operating and Capital Budget, Establishing an Appropriation Limit, and Authorizing Carryover Appropriations.

Administrative Services Director Greg Rogers presented the staff report. The Budget accommodates the slow economy and the financial situation of the state and county. The total 2008-09 Budget is $93,765,670 and includes all City funds. No changes were made after the May 19, 2008 Budget Workshop. Measures to reduce the projected deficit in the General Fund include: eliminating funding for eleven vacant positions; initiating a hiring freeze; deferring some General Fund capital contributions until the mid-year budget process; and using $2.0 million set aside during the 2007-08 mid-year budget review to cover potential 2008-09 revenue shortfalls from the state. The Budget funds the high level of services provided by the City and maintains strong financial reserves. Staff will continue to monitor the state budget situation and report to the Council.

Cm. Perkins thanked City staff for their work to compile a balanced budget. Cm. Perkins’ motion to adopt Resolution No. 2008-103 was seconded by Cm. Rowley and passed 5-0. Mayor Wilson also thanked staff for their efforts in preparing this Budget.

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UNFINISHED BUSINESS

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NEW BUSINESS

(#10.1) Annual Report – 2008 General Plan 2020 Implementation Work Plan and Schedule.

Associate Planner Cindy Yee provided staff report. She noted that there were no General Plan amendments in 2007. Staff anticipates two General Plan updates in 2008 dealing with the Housing Element and the Growth Management Element Updates. Mayor Wilson thanked staff for an excellent report. There were no questions from the Council and no requests from the public to address this item.

Cm. Hudson observed that reviewing the Implementation Plan requires an analysis of the City’s current status, the work being done, projecting 2-3 years ahead, and looking at the issues to determine if the City is continuing on the correct path. He concluded that the Council is following the citizen approved General Plan. He brought Section 4.6-I-3 (Provide for a voter review of the Urban Growth Boundary in the year 2010) to the Council’s attention. Mayor Wilson added that the City is actively pursuing this goal with the Sphere of Influence Amendment to LAFCO to include the Tassajara Valley.

Cm. Hudson’s motion to accept the Annual Report for the 2008 General Plan 2020 Implementation Work Plan and Schedule and direct staff to forward the 2008 General Plan 2020 Implementation Strategy and Work Plan to the Governor’s Office of Planning and Research and the Department of Housing and Community Development to demonstrate the City of San Ramon General Plan Implementation Efforts in Accordance with the California Government Code §65400 (b), §65583 and §65584 was seconded by Cm. Rowley and passed 5-0.

CONVENE AS GEOLOGIC HAZARD ABATEMENT DISTRICT NO. 1990-01 BOARD OF DIRECTORS

Mayor Wilson convened the Geologic Hazard Abatement District No. 1990-01 Board. The District Clerk called roll and all five Board members were present.

(#11.1) Public Hearing: Geologic Hazard Abatement District No. 1990-01 (GHAD) – Adopt Resolution No. 2008-112 – Confirming and Levying the Assessment for FY 2008/09.

Senior Engineer Robin Bartlett gave the staff report. On April 22, 2008, the Geologic Hazard Abatement District (GHAD) Board approved the 2008-09 Engineer’s Report and the resolution of intent to order assessments for the GHAD and set a public hearing for May 27, 2008. On April 24, 2008, a public hearing notice summarizing the GHAD budget and assessments was mailed to residents within the GHAD. A total of 5,893 notices were mailed. Staff has received ten responses to the mailing: six responses were general comments and requested additional GHAD information; three opposed the assessment increase; and one requested additional GHAD budget information.

Cm. Perkins asked if the anticipated GHAD acceptances will occur in 2008-09 and if sufficient resources are available in the GHAD reserve. Mr. Bartlett responded that the property will be included in the GHAD and that most of this area is not near residences. He anticipates that GHAD resources are sufficient. Cm. Perkins asked whether the area in the southwest corner of the GHAD Ownership Acceptance Map (Attachment C) will be included in the GHAD. Mr. Bartlett responded that it ultimately will be included.

Cm. Perkins’ motion to adopt Resolution No. 2008-112 was seconded by Vice Mayor Livingstone and passed 5-0. Mayor Wilson closed the GHAD Board meeting and reconvened the City Council meeting.

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CITY MANAGER COMMENTS

City Manager Herb Moniz had no comment.

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COUNCILMEMBER REPORTS

Cm. Perkins reminded all registered voters in San Ramon to vote on June 3, 2008.

Cm. Hudson stated that the Regional Rail Committee voted to oppose the High Speed Rail Bond because no funding was allocated for the BART extension to Livermore or the Altamont route.

Cm. Rowley encouraged residents to attend the Senior Center Expansion Grand Opening on May 31, 2008. She encouraged residents to join San Ramon’s team at the American Cancer Society’s Relay for Life at California High School on June 28-29, 2008.

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MAYOR’S REPORTS AND COMMENTS

Mayor Wilson reminded everyone that the San Ramon Farmers Market is open on Saturdays. He thanked everyone for participating in the Art and Wind Festival. He requested a moment of silence to honor and remember the veterans who have given their lives for our freedom.

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At 8:12 p.m. the Council convened to Closed Session pursuant to: (1) Government Code §54957 to evaluate the position of City Attorney; and (2) Government Code §54957 to evaluate the position of City Manager; (3) Government Code §54956.9 (c) for the City Council to meet with the City Attorney regarding a matter which to discuss the title or subject would jeopardize the City’s ability to conclude existing negotiations to its advantage; and (4) Government Code §54956 (b) (3) (A) for City Council to discuss with the City Attorney facts and circumstances that might result in litigation but which the City Attorney believes are not yet known to a potential plaintiff or plaintiffs.

At 9:17 p.m., Mayor Wilson reconvened the meeting. All Councilmembers were in attendance. Mayor Wilson reported that no action was taken by the City Council on Closed Session items 3 and 4. Regarding Closed Session items 1 and 2, Mayor Wilson reported that Cm. Hudson moved that the Mayor be authorized to execute an amendment to the employment Memorandum of Understanding with (1) City Attorney Byron D. Athan and (2) City Manager Herb Moniz regarding compensation within 90 days. The motion was seconded by Cm. Rowley and passed 5-0.

At 9:19 p.m., there being no further business, Mayor Wilson adjourned the meeting.

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

Approved at the June 10, 2008 City Council meeting 5-0.


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