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March 23, 2010

A regular meeting of the City Council of the City of San Ramon was held March 23, 2010 at 7:04 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding. 
PRESENT:  Councilmembers Hudson, Perkins, Livingstone, Rowley and Mayor Wilson.
STAFF PRESENT:  City Manager Herb Moniz, Interim City Attorney Roger Peters, Police Chief Scott Holder, Transportation Analyst Darlene Amaral, Police Sergeant Craig Stevens, and City Clerk Patricia Edwards.

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Boy Scout Jackson Strehlow led those in attendance in the pledge of allegiance. 

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The City Clerk noted that there was one addition and one change.  Interim City Attorney Roger Peters suggested that the Council adopt a motion to add a Closed Session.  The grounds for this motion are that the item came to the attention of the City after the agenda was posted and that there is a need for immediate action on this matter.  The Closed Session is a Conference with Legal Counsel to discuss Significant Exposure to Anticipated Litigation Pursuant to Government Code Section 54956.9 (b) involving one case.  Cm. Hudson’s motion to add the Closed Session to the agenda was seconded by Cm. Livingstone and passed 5-0.

Mayor Wilson requested that the agenda be amended to place City Manager Comments Item 11) prior to the Minutes (item 7) to accommodate the residents requesting to address the purchase of 2401 Crow Canyon Road.  Cm. Hudson’s motion to add this item to the agenda was seconded by Cm. Livingstone and passed 5-0.

The City Clerk noted that there were no changes or additions to the meetings listed on the agenda.     

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(#4.1) Recognition of the 6th Annual Street Smarts Storybook Poster Contest Winners:  Anika Rawat, Grade 4, Hidden Hills Elementary School; Emily Her, Grade 3, Live Oak Elementary School; Sumija Ande, Grade 5, Hidden Hills Elementary School; Janani Salai, Grade 1, Montevideo Elementary School; and Amogh Maganahalli, Grade 2, Coyote Creek Elementary School.  Recognition of Dana Mentink, Street Smarts Storybook author.  Introduction by Nat Rojanasathira, Street Smarts Coordinator.  Presentation by Mayor Wilson.

Nat Rojanasathira, Street Smarts Coordinator, provided a summary of the Storybook Poster Contest.  He reported that there were 400 entries for this year’s Contest.  Mayor Wilson presented certificates to the winning students.  Mr. Rojanasathira recognized Street Smarts Storybook author Dana Mentink.  Mayor Wilson thanked Ms. Mentink for her contributions to the success of this annual storybook contest.

(#4.2) Recognition of Sunset Development for their Sponsorship of the Street Smarts Poster Contest.  Introduction by Nat Rojanasathira, Street Smarts Coordinator.  Presentation by Mayor Wilson.

Mr. Rojanasathira stated that the Sunset Development representative was unable to attend the meeting.  He recognized their contribution to this event.  Mayor Wilson thanked Sunset Development for their generous support. 

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(#5.1) Transportation Demand Management Advisory Committee Appointment. Transportation Analyst Darlene Amaral provided the report. Vice Mayor Rowley’s motion to appoint Thomas Jamison to the Transportation Demand Management Advisory Com-mittee for a term expiring in January 2012 was seconded by Cm. Hudson and passed 5-0. 

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Mayor Wilson opened the general public comment.

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

Roz Rogoff, resident, suggested that the City provide its own animal control instead of contracting with the County.  She suggested that volunteers from various organizations could be found to partner with the City to staff a local shelter.  This would save City funds.  She asked that this item be added to the Policy Committee agenda.

Tibor Csabai, resident, stated that he was offended by the Planning Commission’s procedures regarding public testimony at their February meeting.  He requested that the Council review the possibilities for new and precise direction to Commissions on how to handle public testimony.  He believes that the current process allows a gross inequitable time allocation for proponents and opponents and violates the spirit of the Brown Act.  Mr. Csabai requested an opinion from the State Attorney General’s office regarding the Brown Act in this situation.  He contacted his Assembly and Senate representatives to request that they introduce an amendment to the Brown Act to specifically allow time aggregation.  Cm. Livingstone asked Mr. Csabai for clarification.  Mr. Csabai stated that his request to aggregate time was denied by the Planning Commission.  

Mayor Wilson stated that the item will be presented to the Policy Committee.  Mayor Wilson stated that it is the Chair’s purview to allow or disallow time aggregation. 

Mayor Wilson closed the general public comment.  He verified with the Interim City Attorney that the procedure could be changed to allow public comment on the purchase of 2401 Crow Canyon Road after the City Manager’s comments are made. 


City Manager Herb Moniz provided a summary of the March 18, 2010 neighborhood resident meeting regarding the purchase of the property at 2401 Crow Canyon Road for use as a police station.  Police Chief Holder answered the questions provided by the president of the Home Owners Association (HOA).  Mr. Moniz stated that there is a group of residents who do not want the administrative Police Department at this site under any circumstances.  Residents asked that the purchase decision be delayed until a third party evaluation of the impact on property values is made.  The HOA was contacted to schedule a second meeting to discuss the issues, to attempt to allay any concerns, and to develop the site to be a win-win situation.  

Cm. Livingstone stated that he did not previously understand the restrictions associated with purchasing a building with Redevelopment funds.  Mr. Moniz clarified that Redevelopment bond funds can be used to purchase public facilities such as a police station, gymnasia, or parks.  These funds are explicitly prohibited for the purchase and construction of an administrative City Hall.

Mayor Wilson opened the public comment.

Matt McGinnis, resident, expressed concern that locating the police station at 2401 Crow Canyon Road would create serious concerns regarding safety, traffic, noise, and decreasing property values.  His two principal concerns are the release of criminals into the neighborhood and the proximity of sex offenders in the neighborhood.  Although the police chief stated that sex offenders would register at the Dougherty Valley Substation, Mr. McGinnis believes that their registration requirements should be handled in a downtown venue and not in a residential area.  He requested that the Council reopen the discussion and oppose purchasing the property for a police station.  He suggested that the property be rezoned as a residential area which would provide a better tax base.  He asked the Council to explore other sites which would be a better match for the station.

Jane Jennings, resident, thanked the City Manager, Council, and City staff for their fiscal responsibility.  She values the Police Department and wants them to have a reasonable and safe work environment.  The issues raised by residents are the same ones that would occur if a private company operated the site, a situation in which the residents would have no input.  She believes that the residents are not cooperating with the City on the issues of parking, lighting, noise and traffic.  She stated that she does not want the property to remain vacant or to have a high occupancy tenant.  She requested that the Council continue its responsible City management.

Residents Suhas Sudame, Dennis Rohne, and Karen and Herbert Meron oppose the purchase and opted not to speak.

Andrew Pryfogle, resident, thanked the Police Department for doing a great job.  He stated that he would not have purchased his home knowing that a police station would be located in the neighborhood.  As property values are driven in part by perception, he believes that this proposal will have a negative impact.  He stated that his biggest frustration has been the lack of notice.  He believes that the Council has not heard the concerns of the residents.  He stated that the residents want to be reasonable and asked the Council to slow down and continue the item until additional studies can be completed.  He cited the lack of third party studies to: determine the overall impact on the City; study traffic impacts; ascertain the impact on real estate values; evaluate the effect on police response time; and CEQA exemptions.  He suggested that other vacant commercial properties may be an option.   He requested that the Council delay the purchase decision for a few weeks.   

John Cooper, resident of Thomas Ranch, voiced his concern that Cobblestone, which is the main entrance to their development, will be the main entrance to the police station.  He heard that a traffic light may be installed at this intersection.  The residents are opposed to this project and disappointed that they were not contacted.  He does not believe that San Ramon residents would support the expenditure of $7 million to purchase a property for a temporary purpose if this item were on the ballot.  He is concerned about the overall safety of children with this proposal.

Michael Smart, resident, opposes the project but did not speak.

Stephen Tanse, resident of Thomas Ranch, stated that he wants the Police Department to have an adequate facility but he does not believe that this is the correct facility.  He asked the Council to partner with the community to find the correct location for the Police Department.  He said that the community was not properly notified and that the expenditure for a temporary facility seems fiscally irresponsible.  He requested more time for due diligence and to select a central location which everyone can support. 

Brian Mulry, attorney with Law Firm of Gagen McCoy, stated that he represents the Canyon Park Home Owners Association.  He distributed a letter to the Council stating their two main issues: the lack of notice and the two CEQA exemptions.  He stated that neither CEQA exemption applies to this purchase.  He requested that the Council delay their decision while the neighbors explore potential mitigation efforts and the possibility of issuing a Negative Declaration.  The neighbors were not notified of the March 2, 2010 Planning Commission hearing.  At this meeting, the Commission made by resolution the CEQA exemption and compliance with the General Plan determination.  The neighbors should have been included in the discussion leading to these decisions.  He requested that the neighbors work with City staff on the environmental review.

Mayor Wilson reported that Dominique Mintz stated her opposition to the purchase.   

Mr. Mulry requested that the petition attached to the March 22, 2010 letter from Gagen McCoy be entered into the record.

Mayor Wilson closed the public comment. 

Cm. Perkins stated that public safety is his number one priority.  He is convinced that the proposal will improve public safety.  He noted that similar concerns were voiced when the Fire Department building was proposed and they did not materialize.  He encouraged residents to engage with City staff and work together to mitigate resident’s concerns.

Mayor Wilson stated that the issue is not an ‘anti police’ issue but rather one of location.  He supports the Police Department but is not in favor of this purchase.  He asked the Council to consider delaying the purchase agreement until the residents’ concerns are addressed.  Vice Mayor Rowley asked for information on the next steps.  Mr. Moniz stated that the City would schedule another meeting with residents including Thomas Ranch.  Cm. Hudson stated that the Council cannot take action o r make comments on Public Comment items or on an unagendized item.

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(#7.1) Minutes of the March 9, 2010 Joint City Council and Redevelopment Agency Special Meeting.

Cm. Hudson’s motion to approve the March 9, 2010 Joint City Council and Redevelopment Agency Special Meeting minutes was seconded by Vice Mayor Rowley Hudson and passed 4-0.  Cm. Livingstone abstained.

(#7.2) Minutes of the March 9, 2010 regular meeting.

Cm. Hudson’s motion to approve the March 9, 2010 City Council meeting minutes was seconded by Cm. Perkins and passed 4-0.  Cm. Livingstone abstained.

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The City Clerk stated that staff requested that item 8.2 be pulled from the Consent Calendar. 

(#8.1) Register of Demands as presented by the City Treasurer (Period ending February 28, 2010).

(#8.3) Resolution No. 2010-032 – Authorizing the Mayor to Execute Amendment No. 4 to the Agreement with Ruggeri-Jensen-Azar & Associates for Engineering Design Services for the Bollinger Canyon Road Improvements Project from Alcosta Boulevard to San Ramon Valley Boulevard (CIP 5323 and 5324) in an Amount Not to Exceed $367,000.

(#8.4) Resolution No. 2010-033 – Accepting Certain Landscape Dedications and Landscape Improvements within Parcels A, B, and C of Subdivision 8158, Installed as Part of RA 1102 (a Portion of Windemere Parkway and a Portion of Harcourt Way), for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.5) Resolution No. 2010-034 – Accepting Certain Landscape Dedications and Certain Landscape Improvements for Maintenance in Subdivision 8929 (Windemere BLC Land Development Co., LLC).

(#8.6) Resolution No. 2010-035 – Accepting Certain Roadway and Landscape Dedications and Landscape Improvements in RA 1187 (a Portion of Main Branch Road) for Maintenance (Shapell Industries).

(#8.7) Resolution No. 2010-036 – Describing New Improvements and Ordering the District Engineer to Prepare and File the Landscaping and Lighting District No. 1984-1 District Engineer's Report for Fiscal Year 2010/11.

(#8.8) Resolution No. 2010-037 – Establishing a Rate of $35 Per Equivalent Runoff Unit for Fiscal Year 2010/11 for the National Pollutant Discharge Elimination System Stormwater Program and Requesting that the Contra Costa County Flood Control and Water Conservation District Adopt an Annual Parcel Assessment.

(#8.9) Resolution No. 2010-038 – Approving an Audit Services Contract with Mayer Hoffman McCann P.C. for a Three Year Period Not to Exceed $155,250.

(#8.10) Resolution No. 2010-039 – Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with Pacific Advanced Civil Engineering for the Central Park Playground and Participatory Fountain Renovation (CIP 5442) in an Amount Not to Exceed $32,000 and Authorize Transfer of Funds from Fountain Repair and Replacement (CIP 5478).

(#8.11) Introduction of Resolution No. 2010-XXX (next in line) – Establishing Fees and Charges for Various Municipal Services for Fiscal Year 2010-11 and Repealing Resolution No. 2009-072.

Cm. Perkins’ motion to approve items 8.1 and 8.3 through 8.11 was seconded by Cm. Livingstone and passed 5-0.

(#8.2) Minute Order No. 2010-09 – Accepting the Work by MCK Services, Inc. for the Construction of San Ramon Valley Boulevard Pavement Rehabilitation (CIP 5534) as Complete and Authorizing the City Clerk to File a Notice of Completion with the County Recorder's Office.

Cm. Livingstone’s motion to continue item 8.2 to a future date was seconded by Cm. Perkins and passed 5-0.

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(#10.1) Resolution No. 2010-040 – Approving A Memorandum of Understanding Between the City of San Ramon and the Central Contra Costa Sanitary District Establishing a Pharmaceutical Collection Program.

Police Chief Scott Holder introduced Sergeant Craig Stevens who presented the report.  Sergeant Stevens stated that in 2007 it became illegal to flushing pharmaceuticals down a drain or toilet.  Despite this illegal practice, trace amounts of pharmaceuticals are still found in surface water bodies.  Wastewater treatment plants are not designed to remove man-made pollutants such as medications. There is a need to reduce the amount of pharmaceuticals entering wastewater treatment plants.  This can be accomplished through a Pharmaceutical Collection Program and education. 

Federal mandates require that only law enforcement agencies collect unused pharmaceuticals. On January 26, 2010, the San Ramon Police Department was granted permission to participate in a pharmaceutical drop off program by the U.S. Department of Justice Drug Enforcement Administration.  A secure collection container will be located in the lobby of the Dougherty Valley Police Substation.  The Central Contra Costa Sanitary District (CCCSD) will contract directly with a vendor who is licensed to transport and dispose of collected material.  The only direct expense to the City will be the purchase of the collection bin which is approximately $900.  There will be an indirect City expense by having Police Services personnel assist in program management.  The direct costs of the transportation and disposal of the pharmaceuticals will be incurred by the CCCSD.  The CCCSD will also assist with Program community outreach.  The San Ramon Regional Medical Center (SRRMC) supports the program. 

Cm. Perkins asked when the program will be implemented.  Sergeant Stevens replied that they expect the program to start in April.  Vice Mayor Rowley asked if the SRRMC will also provide a collection receptacle.  Sergeant Stevens responded that it must be handled by a law enforcement agency.  Mayor Wilson and Cm. Hudson voiced the need for this program and their support.

Cm. Hudson’s motion to adopt Resolution No. 2010-040 was seconded by Vice Mayor Rowley and passed 5-0.

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Vice Mayor Rowley reported that the Contra Costa Commission for Women Women's Hall of Fame 2010 recognized Claudia Nemir for “Women Contributing to the Arts”.  Vice Mayor Rowley attended the opening of the new wing at SRRMC which includes WellWorks, a new MRI, and Occupational Therapy.  She reported that she was encouraged to see the involvement of the Teen Council members.  She added that approximately 850 teens participated in the Teen Job Fair held on March 20, 2010.

Vice Mayor Hudson reported that he attended the March 22, 2010 Association of Bay Area Government meeting.  He reported that the National League of Cities Conference which he attended in Washington, D.C. on March 14-16, 2010 was very informative. 

Cm. Livingstone thanked the San Ramon Valley Fire Protection District for their efforts in saving the life of a resident during a home fire.

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Mayor Wilson encouraged residents to tour the SRRMC was very impressed with the facility.  He expressed his appreciation to the organizers of the March 20, 2010 “Welcome Home Viet Nam Veterans” event.

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At 8:58 p.m., the Council convened to Closed Session pursuant to Government Code § 54956.9 (b) to Confer with Legal Counsel to discuss Significant Exposure to Anticipated Litigation involving one case.

At 9:42 p.m., Mayor Wilson reconvened the meeting.  All Councilmembers were in attendance.  Mayor Wilson reported that the Council met in Closed Session pursuant to Government Code § 54956.9 (b) to Confer with Legal Counsel to discuss Significant Exposure to Anticipated Litigation involving one case.  The Council took no action.

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At 9:43 p.m., there being no further business, Mayor Wilson adjourned the meeting.


H. Abram Wilson, Mayor
Patricia Edwards, City Clerk

Approved at the April 13, 2010 City Council meeting 5-0.

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