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March 27, 2012

A regular meeting of the City Council of the City of San Ramon was held March 27, 2012 at 7:03 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Clarkson presiding.  
PRESENT:  Councilmembers Hudson, Livingstone, Perkins, and Mayor Clarkson.
ABSENT:  Councilmember O’Loane.
STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, Police Chief Scott Holder, Division Manager Esther Lucas, Transportation Division Manager Lisa Bobadilla, Senior Engineer Mike Talley, Engineering Services Director Maria Fierner, and City Clerk Patricia Edwards.

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Cm. Perkins led those present in the pledge of allegiance. 

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Mayor Clarkson requested that item 13 be addressed after item 3.2.  The City Clerk stated that there were no changes or corrections to the meetings listed on the agenda.

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Mayor Clarkson asked the City Manger to review the schedule and agendize a discussion on the HOV lanes at a future Council meeting.  City Manager Rogers recommended that the Council follow the basic process and present new items to the Policy Committee.  Mayor Clarkson requested that the HOV issue be agendized on the next Policy Committee meeting.  Mr. Rogers stated that this would be the process unless the Council’s direction is to bypass the Committee and accelerate the item to the next Council meeting.  

Cm. Perkins requested that the City Council Policy Committee evaluate and recommend additional provisions to the current Second Hand Smoke Protection Ordinance.  He also requested an update to the Tobacco Retailing Licensing Ordinance to reduce the sale of tobacco products to persons under legal age.  He noted that the current Ordinance does not include fees.  The current Ordinance lacks adequate enforcement provisions.

Cm. Hudson distributed “Sustainable Communities Strategy Q & A” information from the Association of Bay Area Governments (ABAG).  The materials provided information on wood burning and included a chart for wood smoke versus other pollutants.  A model wood smoke ordinance was also provided.  He provided information on ABAG’s draft Regional Housing Needs Allocation and an overview of the 2011-12 Winter Spare the Air and health impact data.  He asked the Council to consider a wood burning ordinance.

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(#4.1) Recognition of the 8th Annual Street Smarts Storybook Poster Contest Winners: 

Julianne Park, Grade 1                                Coyote Creek Elementary School
Rohan Puranik, Grade 5                              Montevideo Elementary School
Phedora Layanto, Grade 3                           Montevideo Elementary School
Saisindhuja Kuncharapa, Grade 5  Quail Run Elementary School
Aishwarya Agashe, Grade K                       Quail Run Elementary School
Makayla Pickett, Grade 3                             Live Oak Elementary School
Claire Bae, Grade 5                                      Live Oak Elementary School
Amogh Maganahalli, Grade 4                      Golden View Elementary School

Recognition of Dana Mentink, Street Smarts Storybook author.
Introduction by Corinne Ferrerya, Street Smarts Coordinator. 

Presentation by Mayor Clarkson.

Street Smarts Coordinator Corinne Ferrerya reviewed the history of the Street Smarts Storybook contest.  She recognized Dana Mentink as a great partner for Street Smarts.  She noted that over 400 students participated this year.  She thanked San Ramon for its continued support of the Program.  Ms. Ferrerya presented the certificates to the winners. 

#4.2) Recognition of Sunset Development for their Sponsorship of the Street Smarts Poster Contest.  Introduction by Corinne Ferrerya, Street Smarts Coordinator.  Presentation by Mayor Clarkson.

Ms. Ferrerya recognized Sunset Development for its continuing strong sponsorship.  Mr. Alexander Mehran stated that Sunset appreciated the opportunity to partner with the community.  He congratulated the contest winners.  Mayor Clarkson thanked Sunset Development for its sponsorship.  He presented Mr. Mehran with a plaque and certificate acknowledging their contributions.

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Mayor Clarkson called for a brief recess at 7:20 p.m.  The Council reconvened at 7:24 p.m. and all members were present except for Cm. O’Loane.

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Mayor Clarkson opened the public comment. 

Jim Blickenstaff, resident, requested clarification on the process by which residents can have a hearing on the Norris Canyon HOV ramp project on the Council agenda.  Mayor Clarkson stated that the item would be referred to the Policy Committee and then to the Council.

Harvey Riggs, resident, voiced his concern regarding the HOV overpass project and the process which Caltrans is using to facilitate resident feedback.  He questioned the location of the overcrossing at Norris Canyon.  He anticipates that there will be traffic impacts resulting from the Northeast and Crow Canyon Specific Plans.  Any traffic congestion on Norris Canyon will create problems for residents west of San Ramon Valley Blvd.  When the City Center is built, Bishop Drive will be a major exit.  He noted that Norris Canyon has significant utilities and light poles on both sides of the overpass.  He supports the half ramp option at Executive Parkway. 

Jim Stewart, resident, expressed concern regarding the inadequate notification which Caltrans provided for the project.  He stated that Caltrans showed an aerial photo of the Kirkland, WA overpass at their March 22, 2012 meeting which is not a simple overpass.  He does not support the project and requested better and clearer notification to residents.

Jeff Rackmil, resident, thanked the Council for their work.  He stated that this issue can be divisive for the community.  He does not believe that it is necessary to fund every Measure J project and that funding this one is not good public stewardship.  He requested that the Council take action quickly and provide a public forum.

Roger Zou, resident and Chair of the Teen Council Public Relations Committee, stated the importance of communication and getting the message out.  He stated that more than 300 people attended the “Race to Nowhere” event.  The event’s success was due to the use of a variety of publicity methods.  However, policy prohibited the Teen Council from using social media.  He urged the Council to consider allowing the Teen Council to use social media as this is an effective communication tool for youth.

Jack Baptista, resident, stated that the HOV ramps will pose a problem for those who live in the area.  He recommended that the City encourage the use of mass transit.  He does not believe that the ramp will solve the traffic problems.  He stated that he does not support either ramp option because of the noise impact on the neighborhoods.

Donna Kerger, resident, reported that she attended the Fuel Cell Ribbon Cutting Ceremony on March 15, 2012 at Camp Parks.  Net Zero is a project to address energy, water, and waste with the goal of creating sustainable installations.  The Camp Parks site is a Net Zero energy pilot site.

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(#6.1) Arts Advisory Committee Appointments.

Division Manager Esther Lucas provided the report. Cm. Perkins’ motion to appoint William Doerlich, JoAn English, Michael D. Lee, and Rosalind Rogoff (Alternate #1) to terms ending April 2014 and Donna Bachelor to a term ending April 2013 on the Arts Advisory Committee was seconded by Cm. Hudson and passed 4-0-1-0.  Cm. O’Loane was absent.

(#6.2) Senior Advisory Committee Appointments.

Division Manager Esther Lucas provided the report.  Cm. Perkins’ motion to appoint Shirley Ernest, Joan Ernst, and Sally Lunn to serve on the Senior Advisory Committee with terms to expire April 2014 was seconded by Vice Mayor Livingstone and passed 4-0-1-0.  Cm. O’Loane was absent.

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(#7.1) Minutes of the February 28, 2012 regular meeting.

Cm. Hudson’s motion to adopt the February 28, 2012 regular City Council minutes was seconded by Vice Mayor Livingstone and passed 4-0-1-0.  Cm. O’Loane was absent.

(#7.2 Minutes of the March 13, 2012 regular meeting.

Cm. Hudson’s motion to adopt the March 13, 2012 regular City Council minutes was seconded by Vice Mayor Livingstone and passed 3-0-1-1.  Cm. O’Loane was absent.  Cm. Perkins abstained.

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Cm. Hudson requested that item 8.3 be pulled for a separate vote.

(#8.1) Register of Demands as presented by the City Treasurer (Period ending February 29, 2012).

(#8.2) Ordinance No. 428 – Adopting Updates to the Emergency Management Ordinance.

(#8.4) Resolution No. 2012-026 – Affirming the Mayor’s Appointments to the Oversight Board of the Successor Agency.

(#8.5) Resolution No. 2012-027 – Authorizing the City Manager to Cast Ballots for the 2012 Community Clean Water Initiative for All Parcels Owned by the City.

(#8.6) Resolution No. 2012-028 – Accepting Certain Roadway and Storm Drain Dedications and Improvements in RA 1187 (A Portion of Main Branch Road) for Maintenance (Shapell Industries).

(#8.7) Resolution No. 2012-029 – Authorizing the Mayor to Execute an Agreement with Mark Scott Construction, Inc. for General Contracting Services in an Annual Amount Not to Exceed $200,000 and a Cumulative Five Year Agreement Amount Not to Exceed $1,200,000.

Cm. Perkins’ motion to adopt items 8.1, 8.2, and 8.4 through 8.7 was seconded by Vice Mayor Livingstone and passed 4-0-1-0.  Cm. O’Loane was absent.

(#8.3) Minute Order No. 2012-009 – Authorizing Cm. Hudson to Attend the Air & Waste Management Association’s Conference & Exhibition in San Antonio, TX on June 19-22, 2012.

Cm. Perkins’ motion to adopt item 8.3 was seconded by Vice Mayor Livingstone and passed 3-0-1-1.  Cm. O’Loane was absent.  Cm. Hudson abstained.

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(#10.1) Transportation Advisory Committee Annual Report.

Lisa Bobadilla, Transportation Division Manager, acknowledged the  contributions of the Transportation Advisory Committee (TAC) members.  She provided a summary of the composition and objectives of the TAC.  She introduced Peter Rathmann, the TAC Chair, who provided the report. 

Mr. Rathmann reviewed the TAC by-laws and 2011 activities.  He presented the 2012 action plan which includes: monitoring implementation of the TRAFFIX program at existing sites and a pilot service program at California High School; evaluating the Radar Speed Display Sign Program; providing feedback on the Safe Routes to Schools Program; updates on Measure J projects; providing feedback on the Capital Improvement Program for 2012-13; providing input on the Dougherty Valley Transit Shelter Program; updates on the Street Smarts “It Happens” Campaigns; providing input on the Iron Horse Trail Bicycle/Pedestrian Overcrossing; and providing input on City parking issues.

Cm. Hudson asked Mr. Rathmann why the TAC By-Laws report to the Policy Committee did not include an option for alternate members.  Mr. Rathmann explained that a quorum is not a big issue for the TAC and that, because alternates cannot vote, they would not be as involved in the Committee.  Cm. Hudson suggested that an alternate would retain talent on the TAC.  Mayor Clarkson thanked the TAC for helping to keep the City safe.

(#10.2) Bollinger Canyon Road Between Alcosta Boulevard and Canyon Lakes Drive – Evaluation of Proposed Alternatives for Traffic Operation Modifications.

Mike Talley, Senior Traffic Engineer, provided the background information.  In 2008, the lanes were restriped from two to three lanes.  Since then, there have been six major fence repairs due to errant eastbound vehicles.  In May 2011, an operational analysis was completed by Hexagon Transportation Consultants.  One recommendation was to increase the width of the eastbound lanes.  Ruggeri-Jensen-Azar (RJA) was retained to provide supplemental analyses.  Staff developed and analyzed four alternative solutions.  These included:  Option 1: widening the east bound lanes in areas of fence repairs ($460,000); Option 2: widening the east bound lanes from Alcosta to Canyon Lakes ($1.1 million); Option 3: widening the lane in the area of fence repairs only and install concrete barrier along the curb ($1.2 million); and Option 4: Option 3 and creating a concrete barrier along the curb face ($1.8 million).  Staff recommends the second option.   Mr. Talley noted that several residents requested consideration of a pedestrian barrier.  Cm. Perkins asked if there was anything in the design to preclude the addition of a concrete barrier.  Mr. Talley responded that there was not. 

John Zellmer, Prinicpal with RJA, described the golf course bridge middle support construction and the median landscaping modification.  Removing the existing façade on the bridge will allow the eastbound road widening.  The proposed landscaping is more appropriate for the roadway segment.  It will improve street lighting and improve safety for workers and the public.  Mr. Talley reviewed the project costs and funding sources.  Approximately $1.1 million is available from South Contra Costa Joint Exercise of Powers Authority (SCCJEPA).  Funds are also available from CIP 5324.  Mr. Talley reviewed the public outreach provided regarding the project.  If approved, the bid would go out in June 2012 and construction would be completed before school starts in the fall. 

Mayor Clarkson opened the public comment.

John Leonard, resident, stated that this is a troublesome stretch of road.  He noted that bicyclists share the sidewalk with pedestrians.  He is concerned about the safety of the pedestrians using the sidewalk and added that the roadway needs to be widened.  He believes that drivers hit the fence because of the poor roadway geometry (narrow lanes and steep grade with a curve).  He observed cars driving on the storm drain cover.  He requested that the Council consider Option 4 and provide a decorative, stamped, or color concrete dividing wall to protect pedestrians. 

Rex Ramsey, resident, stated that the major issue is the roadway’s geometry.  Widening the lanes will not protect the pedestrians.  The bike lane is inadequate.  He expressed concern that the City is minimizing the work to fit the available funding.  He suggested that the City review the original agreement with the developer and determine if the City is getting what was promised which included: a fully developed roadway, a bike path, and a pedestrian walkway. 

Cm. Perkins asked to hear the Policy Committee comments on this issue.  Mr. Talley stated that the Policy Committee suggested that the item be reviewed by the Architectural Review Board (ARB).  Cm. Hudson stated that the Policy Committee discussed safety, road widening, barriers, trees, and the bridge.  He noted that the problem only exists on the uphill section of the road.  It is a problem which needs to be addressed now and widening the roadway is paramount.  He requested that staff look at options for a barrier. 

Cm.  Perkins asked if there is a behavioral issue for drivers going up versus down the road.  Mr. Talley responded that it appears that the drivers experience discomfort and accelerate to get breathing room from other cars.  There may be other factors.  Mr. Talley stated that 32 feet are available for three lanes.  Cm. Perkins asked if staff had spoken with the golf course management regarding the bridge.  Mr. Zellmer replied that the golf club representative believes that the bridge belongs to the City.  Engineering Services Director Maria Fierner stated that the golf company owns the bridge.  The City owns the abutment because it is within the City’s right-of-way and the City maintains the bridge abutment and the surrounding area.

Cm. Perkins asked for the estimated maintenance cost savings for the new median.  Mr. Zellmer stated that most of the savings will result from the decrease in the time which workers will need for trimming and mowing.  Cm. Perkins asked if the sycamore roots are a problem.  Mr. Zellmer stated that they are not yet a problem.  Cm. Perkins asked if Option 2 precluded the pedestrian barrier.  Mr. Zellmer stated that the barrier is a separate project.  Cm. Perkins asked if $700,000 for the barrier is available in the SCCJEPA funds.  Ms. Fierner stated that the SCCJEPA funds are allocated to other projects and staff would need to analyze the impact of utilizing SCCJEPA funds for the barrier.  Cm. Perkins questioned the content of the Dougherty Valley Agreement.  Ms. Fierner stated that the Agreement expectations have been met regarding expanding the roadway to three lanes in each direction.  The pedestrian walkway and bike lane were not specified.  Cm. Hudson stated that the County developed both Dougherty Valley and Canyon Lakes and the City needs to look at doing more.  He requested that the widening project start as soon as possible.  He requested that staff research barrier designs and review the proximity of where the accidents occurred.

Cm. Perkins questioned if work will be done on the drains on the right hand curb.  Mr. Talley stated that all the work will be done on the left side curb.  Vice Mayor Livingstone stated that public safety is job #1.  He does not like the barrier wall but recognizes that a problem exists.  He stated that one solution would be to return to a two lane road but this option may not work from a traffic standpoint.  He stated that something needs to be done now.  He asked if the project space was limited to four feet.  Mr. Talley stated that the median is 16 feet wide but the bridge support is a constraining factor.  Cm. Livingstone stated that one of the issues is the drain and should be addressed.  The drain should be flat on the right side.  Ms. Fierner stated that it will be considered in the final design and the feasibility for both the left and right lanes.  Vice Mayor Livingstone stated his support for Option 2 and added that the bridge should be left as is. 

Christie Mehta, resident, stated that she is not comfortable walking on Bollinger Canyon Road.  She asked the Council to consider the safety of the pedestrians and stressed that a barrier is needed. 

 Mayor Clarkson closed the public comment.

Mayor Clarkson stated that he agrees with the comments which were made.  He asked if there was a way to mitigate the impact of the project by accelerating the project considering that this may increase the cost.  He suggested working at night, on weekends, and using a larger crew so that the project is completed as quickly as possible.  He asked the City Manager for direction.  City Manager Greg Rogers stated that the Council needs to direct staff on the preferred option and bridge treatment.  Mr. Rogers stated that there is a consensus to move ahead immediately with Option 2 and leave the bridge support as it currently appears in a reduced fashion.  Cm. Hudson said that the Policy Committee discussed a trestle look for the bridge.  Mr. Talley responded that the ARB recommended that the current bridge façade be retained. 

Cm. Perkins’ motion to direct staff to proceed with Option 2 with an enclosed center column support for the golf course bridge was seconded by Vice Mayor Livingstone and passed 4-0-1-0.  Cm. O’Loane was absent.   

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Roger Haynes, resident, stated that there is a huge difference between the particulates from pellet stoves versus other wood burning stoves.  He asked the Council to distinguish between pellet stoves and other wood burning stoves.

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Cm. Hudson noted that traffic studies include the assumption of build-out and that any new project which generates more than 50 trips per hour requires a traffic study.

Cm. Perkins announced several community events sponsored by the Historic Foundation.  On April 4, 2012, the San Ramon Community Fair will be held at Dougherty Station Community Center.  There will be a Windmill Reception at the Glass House on April 14, 2012.  The Senior Fashion Show and Tea will be held on April 14, 2012.  Sheep Shearing Day at Forest Home Farms is scheduled for April 21, 2012.  The Role Players Ensemble will perform “Tennessee on the Farm” on June 23-24, 2012 at Forest Home Farms.

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(#14.1) Pursuant to Government Code §54957.6 to meet with the City Council’s Labor Negotiators: Marc Fontes, Eva Phelps, Toni Renault, and Greg Rogers concerning Negotiations with SEIU Local 1021.

(#14.2) Pursuant to Government Code §54956.8 to meet with the City Council’s Real Property Negotiators Karen McNamara and Greg Rogers Regarding a Portion of APN: 222-270-021 and APN: 222-270-029.

(#14.3) Pursuant to Government Code §54957 to evaluate the Position of City Manager.

At 9:25 p.m., the Council convened to Closed Session for items 14.1 through 14.3.  At 10:21 p.m., Mayor Clarkson reconvened the meeting.  All Councilmembers were present except Cm. O’Loane.  Mayor Clarkson reported that the City Council took no action on the Closed Session items.

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At 10:23 p.m., there being no further business, Mayor Clarkson adjourned the meeting.

Bill Clarkson, Mayor
Patricia Edwards, City Clerk

Approved as presented at the May 8, 2012 City Council meeting 4-0-1; O'Loane abstain.

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