MINUTES OF THE
September 9, 2008
A regular meeting of the City Council of the City of San Ramon was held September 9, 2008 at 7:07 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.
PRESENT: Councilmembers Hudson, Perkins, and Rowley, Vice Mayor Livingstone, and Mayor Wilson.
STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Police Chief Scott Holder, Recreation Services Division Manager Esther Lucas, Transportation Division Manager Lisa Bobadilla, Planning Manager Debbie Chamberlain, and City Clerk Patricia Edwards.
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PLEDGE OF ALLEGIANCE
Town of Danville Mayor Candace Andersen led those in attendance 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 September 9, 2008 agenda.
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(#4.1) Recognition of Wil Hardee upon his Retirement from PG&E. Presented by Mayor Wilson.
Mayor Wilson presented a proclamation to Wil Hardee thanking him for his assistance in providing PG&E service to critical projects in San Ramon and wishing him well in his retirement. Mr. Hardee thanked the Council for this recognition and acknowledged the dedication and contributions of his staff.
(#4.2) Recognizing City Read 2008 "Two Cities, One Book" – September 22, 2008 – October 27, 2008. Presented by Mayor Wilson to Town of Danville Mayor Candace Andersen, Danville Senior Branch Librarian Seng Lovan, San Ramon Library Youth Services Librarian Amy Mockoski, and San Ramon Library Adult Services Librarian Carol Yuke.
San Ramon Library Youth Services Librarian Amy Mockoski thanked the Council. She also thanked the San Ramon Library Foundation for providing funding which enabled the library to purchase the books. This year is the fifth anniversary of "Two Cities, One Book" and features the Kabul Beauty School by California author Deborah Rodriquez. Ms. Mockoski invited residents to attend an event on October 29, 2008 which will feature Ms. Rodriquez at the Danville Village Theatre. Danville Senior Branch Librarian Seng Lovan thanked Danville and San Ramon for their enthusiastic support of the program. Free copies of the book will be available in libraries and various locations in San Ramon and Danville. Ms. Lovan thanked the community for their continued support. Mayor Andersen and Mayor Wilson jointly read the proclamation and presented it to Ms. Mockoski and Ms. Lovan. Ms. Lovan distributed copies of the book to the Council. Mayor Wilson remarked that this event is an excellent opportunity for the two communities to come together and encourage reading.
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CITY COUNCIL APPOINTMENTS
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APPROVAL OF MINUTES
Cm. Perkins’ motion to approve the August 12, 2008 minutes was seconded by Cm. Rowley and passed 3-0. Mayor Wilson and Vice Mayor Livingstone abstained.
Cm. Hudson’s motion to approve the August 26, 2008 minutes was seconded by Vice Mayor Livingstone and passed 4-0. Cm. Perkins abstained.
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(#8.1) Resolution No. 2008-171 – Accepting Certain Landscape Dedications and Certain Landscape Improvements within Parcels A and B, and Lot 13 of Subdivision 8507; Parcel A of Subdivision 8509; Parcels A, B, C, and D of Subdivision 8712; Parcel A of Subdivision 8714; Parcels A and B of Subdivision 8715; Parcels A, B, and C of Subdivision 8716; and Parcels A, B, and C of Subdivision 8717 Installed as Part of RA 1142 (Portions of Albion Road and Windemere Parkway) for Maintenance (Windemere BLC, Land Development Co., LLC).
(#8.2) Resolution No. 2008-172 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in RA 1142 (Portions of Albion Road and Portion of Windermere Parkway) for Maintenance (Windemere BLC, Land Development Company, LLC).
(#8.3) Resolution No. 2008-173 – Accepting Certain Roadway and Storm Drain Dedications and Improvements in RA 1185 (Portion of Japonica Way) for Maintenance (Windemere BLC, Land Development Company, LLC).
(#8.4) Resolution No. 2008-174 – Accepting the Bridge Improvements at Alamo Creek for the Japonica Way Bridge Within RA 1141 for Maintenance (Windemere BLC, Land Development Company, LLC).
(#8.5) Resolution No. 2008-175 – Authorizing the Planning/Community Development Director to Submit an Application to Designate the North Camino Ramon Plan Area as a Priority Development Area.
(#8.6) Resolution No. 2008-176 – Finding it Necessary to Allow a Successful Bidder, Stevens Creek Quarry, Inc., to Subcontract a Portion of a Contract for the Construction of Crow Canyon Road Pavement Rehabilitation Project (CIP 5512).
(#8.7A) Resolution No. 2008-177 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Kris Milligan in an Annual not to Exceed Amount of $99,000 for Fiscal Year 2008/09.
(#8.7B) Resolution No. 2008-178 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Kids Take the Stage in an Annual not to Exceed Amount of $110,000 for Fiscal Year 2008/09.
(#8.7C) Resolution No. 2008-179 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Heather Tabor in an Annual not to Exceed Amount of $55,000 for Fiscal Year 2008/09.
(#8.7D) Resolution No. 2008-180 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Christie Tomlinson in an Annual not to Exceed Amount of $65,000 for Fiscal Year 2008/09.
(#8.7E) Resolution No. 2008-181 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Mad Science of Mt. Diablo in an Annual not to Exceed Amount of $85,000 for Fiscal Year 2008/09.
(#8.8) Resolution No. 2008-184 – Authorizing the Participation of the San Ramon Police Department in the State of California, Department of California Highway Patrol, Tri-Valley Safety Challenge Grant With Reimbursement of Expenses Not to Exceed $12,000.
Vice Mayor Livingstone’s motion to approve consent calendar items 8.1 through 8.8 was seconded by Cm. Hudson and passed 5-0.
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(#9.1) Reestablishment of the Open Space and Conservation Advisory Committee and Approval of Revised Bylaws.
The staff report was presented by Esther Lucas, Recreation Services Division Manager. There were no questions from the Council. Mayor Wilson opened public comment.
Ellen Rosenbluth, resident and former chair of the Open Space and Conservation Advisory Committee (OSCAC), stated that the purpose of a City committee is to enable community members to provide input. These bylaws allow current Commissioners to serve on the OSCAC. The original OSCAC bylaws require the Committee itself to amend the bylaws and present them to the Council for approval. As presented, there are no checks and balances. She added that the proposed bylaws track the General Plan 2020 very well. She believes that the proposed bylaws will overburden the commissioners who would serve on the OSCAC. Mayor Wilson closed the public comment.
Cm. Hudson responded that the Council appoints all City committees and commissions and that all of the proposed OSCAC members will be residents. He requested that the OSCAC be organized as proposed in order to complete the required tasks by 2009.
Vice Mayor Livingstone stated that he agreed with Cm. Hudson. The former OSCAC members argued over the bylaws and accomplished nothing. He added that the proposed bylaws are a reasonable solution which will get the job done now.
Cm. Perkins’ motion to reestablish the OSCAC and approve the revised bylaws was seconded by Cm. Hudson and passed 5-0.
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(#10.1) Public Hearing: Resolution No. 2008-182 – Adopting the Tri-Valley Transportation Development Fee Pursuant to the Requirements of the Joint Exercise of Powers Agreement.
Lisa Bobadilla, Transportation Division Manager, provided the report. The Fee Program is a requirement of both Measure C and Measure J. The Tri-Valley Transportation Development Fee was adopted in 1998. Of the eleven original projects, six remain to be completed. Ms. Bobadilla reviewed the steps required to implement the Fee Program. She reported that there is an unfunded balance of $389 million from the original eleven projects. The Tri-Valley Transportation Council (TVTC) discussed four options and developed a compromise graduated fee increase. If adopted, the Fee Program would become effective on July 1, 2009. The proposed fee change will provide sufficient funding to complete the originally selected projects.
Cm. Perkins explained the summary of reductions. He added that the priority is to complete the original projects. Ms. Bobadilla stated that any change in the Impact Fee requires unanimous approval from all seven TVTC member agencies. She reviewed the Fee Program update schedule.
The Council had no questions. Mayor Wilson opened the public comment. There were no requests for public comment. Mayor Wilson closed the public comment.
Cm. Hudson complimented Cm. Perkins on the progress made by TVTC. He noted that the proposed Fee is seed money which can be matched with other funding sources. He noted that all seven TVTC jurisdictions will benefit from completion of the projects.
Mayor Wilson asked if comments had been received from the development community regarding the fee change. Ms. Bobadilla responded that the executive director of the Northern California Home Builders’ Association (NCHBA) attended several meetings. The development community will be invited to the public hearing on October 29, 2008. Cm. Perkins added that the NCHBA agreed with the balanced fee structure. They recognize that development causes traffic and that they have a responsibility to mitigate the problem. They believe that the fee increase will not constrict construction.
Cm. Perkins’ motion to adopt Resolution No. 2008-182 was seconded by Cm. Hudson and passed 5-0.
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(#10.2) Public Hearing: Resolution No. 2008-183 – Authorizing the Planning/Community Development Director to initiate Proceedings for the Faria Preserve Community Sphere of Influence Amendment and Annexation.
Debbie Chamberlain, Planning Services Manager, presented the report. One Condition of Approval is that the Faria property be annexed into the City. In order for the Faria Preserve Community to be developed within San Ramon, annexation into the City for City services is necessary.
There were no questions from Councilmembers. Mayor Wilson opened the public comment. The City Clerk reported that there were no speaker cards. Mayor Wilson closed the public comment.
Cm. Hudson asked if the Planning Commission approved the annexation. Ms. Chamberlain responded that the Planning Commission was not required to take action on the annexation. Cm. Hudson asked if the Planning Commissioners had any comments. Ms. Chamberlain stated that the Planning Commission, at their last hearing, extended the Vesting Tentative Map for the time that the project was in litigation. No comments were received from the Commissioners.
Cm. Rowley thanked staff for working on the compromise for this project.
Mayor Wilson stated that the project represents a great compromise and plan. He noted that since it will be developed in San Ramon, the City will receive the project fees. He is concerned that a school site is not planned for this community. He added that the Council has communicated this concern to the School District.
Cm. Hudson’s motion to adopt Resolution No. 2008-183 was seconded by Cm. Rowley and passed 5-0.
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CITY MANAGER COMMENTS
City Manager Herb Moniz reported on an incident involving the Camp Parks Firing Range. Approximately one year ago, a bullet was found in close proximity to a residence in Windemere. The Army has not determined where the bullet originated. The Range was closed immediately after the incident and will remain closed for the safety of San Ramon residents until the bullet’s origin is determined.
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Cm. Hudson stated that the City has enjoyed a good working relationship with the San Ramon Valley Unified School District and the developers. He noted that the General Plan 2020 estimates that the City will have a projected population of 96,000 residents. He is concerned that there will not be enough elementary schools for the City's students. He asked staff to determine how many more elementary schools will be needed when the City's population reaches its projection.
Vice Mayor Livingstone stated that the School District has consistently severely underestimated the number of students for San Ramon. He stated that it does not make sense to omit a school site at the Faria Project.
Cm. Rowley noted that Twin Creeks and Bollinger Canyon Schools traditionally have low enrollments. She encouraged residents to attend the Emergency Preparedness Fair on September 13, 2008. She invited residents to attend the annual Victorian Tea on September 28, 2008. The Tea is sponsored by the San Ramon Historic Foundation.
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MAYOR’S REPORTS AND COMMENTS
Mayor Wilson congratulated Vicky Hsieh for being selected by the City Council as the 2008-09 Teen Council representative to the Parks and Community Services Commission.
He encouraged residents to support the San Ramon Farmers Market. He reminded residents that tickets are available for the Dougherty Valley Performing Arts Center 2008-09 program with eight wonderful shows planned. He reminded residents to be aware of the water shortage and to conserve water. He encouraged residents to take advantage of the Emergency Preparedness Fair so that they would be prepared in the event of an emergency. He reminded parents that the Middle School Teen Centers are open and provide a safe after-school environment for students in grades 6 to 8.
Mayor Wilson requested a moment of silence for slain Martinez Police Sergeant Paul Starzyk and slain Fairfield Councilmember Matt Garcia.
At 8:11 p.m., there being no further business, Mayor Wilson adjourned the meeting.
Approved at the September 23, 2008 City Council meeting 5-0.
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