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January 27, 2009

A regular meeting of the City Council of the City of San Ramon was held January 27, 2009 at 6:02 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding. 
PRESENT:  Councilmembers Livingstone, Perkins, and Rowley, Vice Mayor Hudson, and Mayor Wilson.
STAFF PRESENT:  Acting City Manager Phil Wong, City Attorney Byron Athan, Police Chief Scott Holder, Transportation Specialist PJ Dhoot, and City Clerk Patricia Edwards.

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At 6:02 p.m., the Council met in Closed Session pursuant to Government Code §54956.9 for the City Council to meet with its legal Counsel and determine whether or not to file suit:  City of San Ramon v. California State Board of Equalization.  At 7:08 p.m., Mayor Wilson reconvened the meeting.  All Council members were present.  Cm. Perkins’ motion to authorize the City Attorney to proceed with litigation against the California State Board of Equalization regarding the allocation of use tax and sales tax was seconded by Vice Mayor Hudson and passed 5-0.

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Erik Adcock, Shekhar Sharma, and Nitin Yenigalla, members of the Teen Council, 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 or to the Boards, Committee and Commission meetings listed on the agenda.

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(#4.1) Proclamation Declaring January 2009 as Volunteer Blood Donor Month. Presented by Mayor Wilson to Justin Nueller, Account Manager, American Red Cross. 

Mayor Wilson presented the proclamation to Justin Nueller.  Mr. Nueller stated that the 26 blood drives held in San Ramon last year provided 1,345 units of blood.  He added that blood inventories are at a critical low.  He encouraged residents to contribute blood or sponsor a blood drive by contacting www.beadonor.com or calling 1-800-GIVE-LIFE.

(#4.2) Proclamation Declaring February 2-6, 2009 as National School Counseling Week.  Presented to Iron Horse Middle School Counselors Cathy Carle and Jennifer Benz by Mayor Wilson. 

Mayor Wilson presented the proclamation to Iron Horse Middle School Counselors Cathy Carle.  Ms. Carle thanked the Council for their support.  She said it is a privilege to work in San Ramon because the community supports the school and its counselors.

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

Dan Calic, resident, told the Council that he has launched a nonprofit foundation to help schools.  The Program provides grants for schools by partnering with local businesses in a unique ‘pay it forward’ model benefitting the school, local businesses and the community.  He asked for the Council’s assistance to promote the Program.  Cm. Perkins asked Mr. Calic if he had spoken to the School District Board.  Mr. Calic responded that he has spoken only with a few principals.  Mayor Wilson suggested that he speak with the School Board and the Chamber of Commerce.

Arthur Coon, representing Jim Brennan and the Citizens for City Center Disclosure, summarized the objections to the process by which two City Center Development Agreements (DA) were executed by the City Manager on December 9, 2008.  He stated that the procedure lacked proper noticing, public hearing, and prior Council approval or authorization.  This action violates DA Statute, state law, City DA Ordinance, and due process.  He requested that his January 22, 2009 letter be incorporated into the Council’s administrative record.  He asserted that the City Manager violated his authority under the City Charter and the City’s Code.  He requested that the Council set aside the DA, reconsider its actions, and proceed with proper notice, public hearing, public input and full disclosure in compliance with California laws.  He requested that the Council put the reconsideration request on its agenda at the next opportunity.  Mayor Wilson stated that the City Attorney advised the Council that the actions taken were legal and appropriate.

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Cm. Perkins’ motion to approve the January 13, 20098 minutes was seconded by Cm. Livingstone and passed 5-0.

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

(#8.2) City of San Ramon Quarterly Investment Report (Period Ending December 31, 2008).

(#8.3) Ordinance No. 410 – Rezoning 9200 Alcosta Blvd. (RZ 08-600-002) from High-Density Residential to Multiple-Family Very High Density (APN: 210-270-001).

(#8.4) Ordinance No. 411 – Amending San Ramon Municipal Code Section A5-31 to Reduce the Membership of the Architectural Review Board; and Adopting Revised Architectural Review Board By-Laws.

(#8.5) Minute Order No. 2009-01 – Accepting the Work by Spencon Construction, Inc.for Construction of the Fiscal Year 2007/2008 Curb, Gutter, and Sidewalk Repair Project (CIP 5407) as Complete and Authorizing the City Clerk to File a Notice of Completion with the County Recorder's Office.

(#8.6) Minute Order No. 2009-02 – Adopting the Pedestrian Enhancement Devices Warrant Criteria for the Installation of In-Roadway Lights and Flashing Yellow Beacons as a One Year Trial Program.

(#8.7) Resolution No. 2009-014 – Accepting Certain Roadway Dedications, Easements and Improvements in Subdivision 8930 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.8) Resolution No. 2009-015 – Accepting Certain Roadway Dedications, Easements and Improvements in Subdivision 9020 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.9) Resolution No. 2009-016 – Accepting Certain Roadway Dedications, Easements and Improvements in Subdivision 9142 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.10) Resolution No. 2009-017 – Authorizing the Mayor to Execute an Amendment to the Agreement with the Contra Costa County Library Administration for Additional Hours of Operation and Sunday Hours at the San Ramon Library in an Amount Not to Exceed $297,000.

(#8.11) Resolution No. 2009-018 – Authorizing Advancement of Funds in the Amount of $12,500 for the Measure J Traffic Congestion Relief Agency (dba TRAFFIX) for Contract Program Administrative Services.

(#8.12) Resolution No. 2009-019 – Authorizing Execution of a Franchise Audit Services Contract with Utility Cost Management LLC.

Vice Mayor Hudson’s motion to approve consent calendar items 8.1 through 8.12 was seconded by Cm. Livingstone and passed 5-0.

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(#10.1) Public Hearing:  9920-9936 Broadmoor Drive Permit Parking Extension.

Transportation Specialist PJ Dhoot provided the report.  She summarized the history of the Permit Parking Program for Broadmoor Drive and the current issues and concerns.  All five residents along 9920-9936 Broadmoor Drive signed the Permit Parking Extension petition.  Staff recommends approval of the Broadmoor Drive Permit Parking extension.  Mayor Wilson asked if the five residents were aware that they would need to apply for a permit.  Ms. Dhoot stated that they agreed to this condition when they signed the Permit Parking Extension petition.

Cm. Perkins noted that extending the permit parking after 4:00 p.m. and on the weekend coincides with the time when the California High School parking lot is underutilized.  Alternative parking is thereby available for any displaced vehicles.

Mayor Wilson opened the public hearing.

Robert Martin, resident, supports the permit parking extension.  He noted that the school parking lot gates are sometimes closed.  He asked the Council to support the extension.

Mayor Wilson closed the public hearing.

Vice Mayor Hudson’s motion to provide 9920-9936 Broadmoor Drive parking permit extension from 7:00 am to 7:00 p.m., seven days a week, was seconded by Cm. Rowley and passed 5-0.

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Vice Mayor Hudson reported on the Contra Costa Transportation Authority, the Central Contra Costa Transit Authority, and the League of California City meetings which he attended.  The Park Advisory Committee of the East Bay Regional Park District, denied the permit to use motorized vehicles such as Segways on the Iron Horse Trail.  He attended an exceptional Chinese New Year celebration hosted by the Chinese American Cooperation Council in Pleasanton and would like to bring the event to San Ramon.

Cm. Perkins invited residents to enjoy “Defending the Caveman” performances at the Dougherty Valley Performing Arts Center on February 13 and 14, 2009. 

Cm. Rowley reported that Soroptimist International is sponsoring the 5th annual “She’s All That!” Conference on February 7, 2009 at Gale Ranch Middle School.  She invited everyone to attend the San Ramon Historic Foundation’s annual All You Can Eat Crab Feed on February 7, 2009 at the Dougherty Station Community Center.

Cm. Livingstone attended the Pedestrian Bridge Ribbon Cutting event at Forest Home Farms.  He thanked Chris Truebridge, Shapell and the other companies who were involved in constructing the bridge between Forest Home Farms and the Glass House.


Mayor Wilson thanked all of the companies involved in the construction of the pedestrian bridge at Forest Home Farms.  He invited residents to apply for “San Ramon Government 101”, a citizen’s academy designed to provide an overview of City government.  He encouraged elementary school students to submit their entry for the Street Smarts 5th Annual Storybook Poster Contest.  He encouraged residents to attend the “Tip-A-Cop” event on February 25, 2009 at Chili’s.  The proceeds support Special Olympics.  He attended the U.S. Mayors’ Conference in Washington, D.C. with the mayors from Danville, Dublin, Livermore and Pleasanton.  As a group, the mayors lobbied the State’s legislators for funding for the Tri-Valley.  He submitted San Ramon’s request for funding from the federal economic stimulus package.  He noted that State lobbyists requested that this funding be distributed by the State to the cities.

At 7:57 p.m., there being no further business, Mayor Wilson adjourned the meeting.

H. Abram Wilson, Mayor
Patricia Edwards, City Clerk

Approved at the February 10, 2009 City Council meeting 5-0.

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