A regular meeting of the City Council of the City of San Ramon was held June 10, 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, Acting Police Chief Joe Gorton, Transportation Division Manager Lisa Bobadilla, Public Services Director Karen McNamara, Engineering Services Director Joye Fukuda, Transportation Specialist PJ Dhoot, and City Clerk Patricia Edwards.

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Members of Job’s Daughters #247 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 stated that the June 19, 2008 League of California Cities East Bay Division Meeting has been cancelled.

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Transportation Division Manager Lisa Bobadilla provided a summary of the Bike-A-Thon. The event was implemented by Montevideo’s PTA. More than four hundred students participated. Over $5,000 was raised in memory of Daniel Pan and will benefit the school’s reading program. Activities included a bike assembly, a safety clinic, ride, and obstacle course. Mayor Wilson presented proclamations to Sharon Keaton and Jill Prickett. Principal Keaton thanked the Council and the Police and Transportation Departments for providing bicycling safety tips for the students. She presented the Council with a banner signed by all of the students at Montevideo school.

Nat Rojanasthira, Danville Transportation Program Coordinator, provided a summary of the contest. Mayor Wilson presented certificates to Karna Adam, Breck Buschini, and Johnny Thompson, members of the team whose entry won first place.

Shirley Ernest introduced her mentee, Blaire Wyatt. Mayor Wilson presented Ms. Wyatt with a proclamation recognizing her achievement. Ms. Wyatt thanked the Council for this recognition and everyone who provided support, especially Mrs. Ernest. Mayor Wilson thanked Mrs. Ernest for her guidance and community involvement.

John Coleman provided information on the severity of the water situation in Alameda and Contra Costa counties. This year’s water shortage is compounded by a lack of snowmelt and last year’s drought. East Bay Municipal Utility District (EBMUD) requested a 10% voluntary compliance last year and only got 7% compliance. On May 13, 2008, EBMUD enacted mandatory rationing. Information is available on EBMUD’s website for water saving hints and rebates. There is an appeal process for households with hardship situations. EBMUD is investigating alternate water sources. EBMUD may install flow restrictors for residents who flagrantly disregard water rationing. People can report water wasters on EBMUD’s confidential hotline at 866-403-2683.

Cm. Hudson asked if Buckhorn Reservoir was a possible resource. EBMUD does not know if it will be built so they are examining all options. Cm. Perkins asked if it is feasible to expand Vaqueros Reservoir. Mr. Coleman responded that the reservoir has a different water quality than EBMUD’s and other water options might be less expensive.

Public Services Director Karen McNamara introduced Bob Muela, Les Appel and Tony Weakland who are assigned to the Parks Division. Les Appel will be working in traffic signal and streetlight maintenance. Mayor Wilson presented each employee with a City pin and welcomed them to the San Ramon family.

Engineering Services Director Joye Fukuda introduced Laura Romo. Mayor Wilson presented Ms. Romo with a City pin and welcomed her to the San Ramon family. Ms. Romo said that she is excited about the opportunity to work for San Ramon and is looking forward to many years of service to the City.

Mayor Wilson presented City Attorney Byron Athan with a plaque from the League of California Cities’ City Attorney’s Department recognizing him for his years of dedicated public service to municipal law. Mr. Athan thanked him for this recognition.

Mayor Wilson asked members of Boy Scout Troop 874 to introduce themselves. They were attending the meeting as a requisite for the Citizenship and Community Merit Badge. Mayor Wilson thanked the parents for giving of their time and talents.

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City Clerk Patricia Edwards provided the report. Sharyn Rossi submitted an application on April 23, 2008. If appointed, she would replace Dick Vesperman who has served as the City’s representative to the District Board of Trustees for 16 years.

Cm. Perkins’ motion to appoint Ms. Rossi as the City’s representative to the Contra Costa County Mosquito and Vector Control District Board of Trustees for a term through June 2010 was seconded by Cm. Rowley and passed 5-0. Mayor Wilson thanked Mr. Vesperman for his many years of service to the City.

City Clerk Patricia Edwards provided the report. Four Commissioner terms expire in June 2008. The City Clerk’s office advertised on the City web page, posting at City facilities and with an ad in the San Ramon Valley Times which ran on March 31, 2008. Four applications were received by the April 25, 2008 closing date. The City Council interviewed all of the applicants.

Cm. Perkins’ motion to appoint Kathy Berner, James Eaneman, David Ernest, and Carol Lopez to the Parks and Community Services Commission with terms through June 2012 was seconded by Cm. Rowley and passed 5-0.

City Clerk Patricia Edwards provided the report. Three Commissioner terms expire in June 2008. The City Clerk’s office advertised on the City web page, posting at City facilities and with an ad in the San Ramon Valley Times which ran on March 31, 2008. Four applications were received. The City Council interviewed all of the applicants:

Cm. Perkins’ motion to appoint Donna Kerger, Bob Patrino, and Dennis Viers to the Parks Commission with terms through June 2012 was seconded by Vice Mayor Livingstone 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 Livingstone’s motion to approve the May 27, 2008 minutes was seconded by Cm. Perkins and passed 5-0.

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(#8.1) Minute Order No. 2008-10 – Authorizing a cumulative Expenditure not to Exceed $60,000 of Approved Funding to Emergency Vehicle Systems for the Installation of Specialized Police Equipment and In-Car Video System in the Department’s Patrol Cars.

(#8.2) Resolution No. 2008-113 – Authorizing the Mayor to Execute an Agreement with Stevens Creek Quarry, Inc. for the Construction of Crow Canyon Road Pavement Rehabilitation (CIP 5512) in an Amount Not to Exceed $1,747,880.

(#8.3) Resolution No. 2008-114 – Authorizing the Mayor to Execute an Agreement with Francisco & Associates, Inc. for Planning and Financial Services Relating to Dougherty Valley in an Amount Not to Exceed $25,000.

(#8.4) Resolution No. 2008-115 – Accepting PA 0026 (Ramona Park, Lot 6 of Subdivision 8957) for Maintenance (Windemere BLC, Land Development Co., LLC).

(#8.5) Resolution No. 2008-116 – Accepting Certain Roadway, Drainage, Trail, Park (Summit View Trails), and Landscaping Improvements for Old Ranch Summit (Subdivision 8702) as Complete and Ready for Public Maintenance; Accepting Certain Public Roadway, Parcels, and Easements; and Releasing the Project Surety and Accepting a One-Year Subdivision Maintenance Bond (Davidon Homes/Old Ranch Summit).

(#8.6) Resolution No. 2008-117 – Authorizing the Mayor to Execute an Agreement with Traffic One Corporation for the Construction of Collector Street Flashing Light Crosswalks Project Phase I (CIP 5413) in an Amount Not to Exceed $129,446.

(#8.7) Resolution No. 2008-118 – Authorizing the Mayor to Execute an Administering Agency – State Master Agreement No. 00128S for State-Funded Projects.

(#8.8) Resolution No. 2008-119 – Authorizing the Mayor to Execute Program Supplement Agreement No. E39 to Administering Agency – State Agreement No. 00128S with the State of California for Construction and Construction Engineering for the Collector Street Flashing Light Crosswalks Project Phase I (CIP 5413).

(#8.9) Resolution No. 2008-120 – Authorizing Modifications to the Classification and Compensation Policy and Pay-for-Performance Compensation Plan, and Authorizing Reclassification of Employee Positions.

(#8.10) Resolution No. 2008-121 – Authorizing the Mayor to Execute an Agreement with Joseph J. Albanese, Inc. for the Construction of the san Ramon Valley Boulevard/Montevideo Drive Left Turn Lane Extension (CIP 5497) and San Ramon Valley Boulevard Refuge Lane Installation (CIP 5500) in an Amount Not to Exceed $420,033.

Vice Mayor Livingstone’s motion to adopt consent calendar items 8.1 through 8.10 was seconded by Cm. Rowley and passed 5-0. Cm. Perkins noted that Resolution No 2008-117 provides for the installation of improved pedestrian lighting systems at the intersections of Iron Horse Trail at Montevideo Drive, Iron Horse Trail at Pine Valley Road, at Walt Disney School and other improvements at Hidden Valley Park.

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City Clerk Patricia Edwards gave the report. On April 8, 2008, the City Council passed Resolution Nos. 2008-81 and 2008-82 providing for two City Charter Amendments to be scheduled for the November 4, 2008 election. The City Council must adopt a resolution requesting the County elections official to provide specified services to the City relating to the conduct of an election per the California Elections Code.

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

Roz Rogoff, resident, asked the City Council to consider waiting and placing the two Charter Amendments on the 2009 ballot instead of the 2008 ballot. Because there are no other City issues scheduled for the 2008 ballot, the City will incur a cost for placing these items on the ballot. The City is scheduled to conduct a municipal election in 2009 and waiting to add these items to that ballot would not result in additional costs. She acknowledged that the Mayor is running for the 15^th Assembly seat and if he wins, that the City will have to appoint a Mayor.

Cm. Hudson stated that Charter Amendments have to be voted on by the residents.

Adding these items to the presidential election in November provides the least expensive election cost for the City. He supports the November election as an opportunity for the residents to decide whether or not to change the mayor’s election to even years.

Cm. Hudson’s motion to adopt Resolution No. 2008-122 was seconded by Cm. Perkins. Mayor Wilson requested a roll call vote. Cms. Hudson, Perkins, Rowley and Vice Mayor Livingstone voted yes. Mayor Wilson abstained. Motion passed 4-0-1.

PJ Dhoot, Transportation Specialist, provided the staff report. On January 1, 2008 Assembly Bill No. 321 went into effect, expanding the current 25 mph school zone from 500 feet to 1,000 feet. This bill gives local agencies the authority to use this school zone extension and amends Section 22358.4 of the California Vehicle Code. Hidden Hills Elementary school has three roadways which provide direct access to the school site: Albion Road, Harcourt Way and Windemere Parkway. Harcourt Way is an existing 25 mph two-lane roadway with a school zone along the school frontage so no changes are proposed. Windemere Parkway is a four-lane roadway with a posted 40 mph speed limit so Assembly Bill No. 321 is not applicable. Albion Road is a two-lane roadway, with a posted speed limit of 30 mph, providing direct access onto the school site and qualifies for the 1,000 feet school zone extension. By extending the school zone from 500 feet to 1,000 feet, the school zone will incorporate Hidden Valley Park.

Cm. Perkins asked is an analysis has been conducted for all schools. Mrs. Dhoot replied that the analysis has been conducted for all schools in San Ramon. At this time, staff recommends applying AB321 to Hidden Hills Elementary. Its application can be reevaluated in the future if needed. Mayor Wilson asked about the methodology involved. Mrs. Dhoot explained that staff conducted observations in order to determine which school sites would benefit from the implementation of the school zone extension. A majority of San Ramon’s schools are in residential neighborhoods where the existing speed limit is 25 mph. Leaving the school zone signage at the 500 feet mark, alerts drivers as they approach the school site instead of posting the signs father out where they would be competing with other sign information. Cm. Rowley thanked staff for their report and for their work on the Safe Routes to School program.

Cm. Perkins’ motion to adopt Resolution No. 2008-123 was seconded by Cm. Rowley and passed 5-0.

Lisa Bobadilla, Transportation Division Manager, presented the informational report. The Concept Plan studied the feasibility of constructing bicycle/pedestrian overcrossings along the Iron Horse Trail at Sycamore Valley, Crow Canyon and Bollinger Canyon Road. The purpose of the Concept Plan is to establish the basic scope, feasibility, cost, schedule and to develop options to improve safety for bicyclists and pedestrians along the Iron Horse Trail.

Ms. Bobadilla introduced Mark Slichter, Callander Associates Project Manager for the Concept Plan. Mr. Slichter reviewed the conceptual design options and constraints at each of the sites. Vice Mayor Livingstone asked who determines if the City can move the light rail corridor to accommodate the overcrossing design. Mr. Slichter replied that Contra Costa County has control over this item. Mr. Slichter provided samples of crossing designs and their estimated costs. Ms. Bobadilla noted that a list of funding options was included in the Concept Plan.

Cm. Perkins requested two changes. He asked that the data for the projected growth in trail use and for vehicle volumes be presented in two separate charts. He noted that the current logarithmic scale distorts the information. He requested that the Plan consider the addition of pedestrian stairs so that pedestrians could safely use the overpass instead backtracking or jaywalking.

Cm. Rowley requested that the design consider handicap accessibility. Vice Mayor Livingstone requested clarification on the funding sources. Ms. Bobadilla responded that the information is a list of potential sources and that some sources are use specific. Phase II will include a financial plan. Cm. Hudson noted that the City will not receive T-PLUS funding. Vice Mayor Livingstone requested that the overcrossings be prioritized. Ms. Bobadilla responded that that was a policy decision which may be impacted by the City Center. Cm. Hudson noted that the City Center’s designation as a Priority Development Area may assist with funding. Vice Mayor Livingstone expressed concern about the funding and the cost of the three options. He suggested that the City consider the least expensive option as the one most likely to be built. Cm. Perkins does not support the least expensive option which is not architecturally interesting.

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

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City Manager Herb Moniz requested that the City Council convene in Closed Session after the Council meeting to discuss two items.

Cm. Hudson’s motion that there is an immediate need to meet with the Real Property Negotiator, Herb Moniz, pursuant to Government Code §54956.8 regarding Assessor’s Parcel No. 213-130-013 and that this need for action came to the attention of the City Council after publication of the Agenda was seconded by Vice Mayor Livingstone and passed 5-0.

Cm. Hudson’s motion that there is an immediate need to meet with Legal Counsel pursuant to Government Code §54956.9 regarding facts that might result in litigation against the City but which are thought to be not known to plaintiff or plaintiffs and that the need for action came to the attention of the City Council after publication of the

Agenda was seconded by Vice Mayor Livingstone and passed 5-0.

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Cm. Rowley 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.

Cm. Hudson reported that the Iron Horse Trail Advisory Committee voted to approve a $2 million loan to the E-BART project. He reported that the City was unsuccessful in its bid for T-PLUS funding. He stated that the County Connection Operations and Scheduling Committee is anticipating a tough financial year. They are considering changing their policy to eliminate the expiration date on discount bus tickets in an effort to encourage people to commute by bus. He suggested that the City evaluate the effect of Proposition 99 on Redevelopment and eminent domain.

Cm. Perkins congratulated Mayor Wilson on his successful bid for the Republican 15^th Assembly District seat.

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Mayor Wilson reminded everyone that the San Ramon Farmers Market is now open. He thanked everyone involved in a very successful Senior Center Expansion Grand Opening on May 31, 2008.

At 9:06 p.m., Mayor Wilson convened the Council meeting to Closed Session pursuant to: (1) Government Code §54956.8 to meet with the Real Property Negotiator, Herb Moniz, regarding Assessor’s Parcel No. 213-130-013; and (2) Government Code §54956.9 to meet with Legal Counsel regarding facts that might result in litigation against the City but which are thought to be not known to plaintiff or plaintiffs.

At 10:04 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 either of the two Closed Session item.

At 10:05 p.m., there being no further business, Mayor Wilson adjourned the meeting.

Approved at the June 24, 2008 City Council meeting 3-0; Rowley and Wilson absent.