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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

June 23, 2009

A regular meeting of the City Council of the City of San Ramon was held June 23, 2009 at 7:02 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Vice Mayor Hudson presiding.  
PRESENT:  Councilmembers Livingstone, Perkins and Vice Mayor Hudson.
ABSENT:  Councilmember Rowley and Mayor Wilson
STAFF PRESENT:  City Manager Herb Moniz, Deputy City Attorney Alicia Poon, Police Chief Scott Holder, Recreation Services Division Manager Esther Lucas, Senior Engineer Brian Bornstein, Administrative Services Director Greg Rogers, and City Clerk Patricia Edwards.

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PLEDGE OF ALLEGIANCE

Vice Mayor Hudson led those in attendance in the pledge of allegiance.

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ANNOUNCEMENTS

The City Clerk stated that staff requested the addition of two emergency items to the agenda.

(Item #8.16)  Resolution No. 2009-XXX – Authorizing the City Manager to Execute a Retainer Agreement to Provide Interim Legal Services.

Vice Mayor Hudson’s motion that the item came to the Council’s attention after publication of the agenda was seconded by Cm. Livingstone and passed 3-0.    Cm. Rowley and Mayor Wilson were absent.

Vice Mayor Hudson’s motion that this is an emergency item which requires immediate action by the Council was seconded by Cm. Livingstone and passed 3-0.  Cm. Rowley and Mayor Wilson were absent.

(Item #8.17)  Resolution No. 2009-XXX – Authorizing the City Attorney to Cooperate with the League of California Cities, Other Cities and Counties in Litigation Challenging the Constitutionality of Any Seizure by State Government of the City’s Street Maintenance Funds.

Vice Mayor Hudson’s motion that the item came to the Council’s attention after publication of the agenda was seconded by Cm. Livingstone and passed 3-0.   Cm. Rowley and Mayor Wilson were absent.

Vice Mayor Hudson’s motion that this is an emergency item which requires immediate action by the Council was seconded by Cm. Livingstone and passed 3-0.  Cm. Rowley and Mayor Wilson were absent.

The City Clerk noted several changes to the meetings listed on the agenda.  The June 26, 2009 San Ramon Valley Unified School District Liaison Meeting has been cancelled.  The June 30, 2009 Transportation Demand Advisory Committee meeting has been rescheduled to July 14, 2009.  She also stated that County Connection will be operating a Saturday schedule on Friday, July 3, 2009.

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SPECIAL PRESENTATIONS

(#4.1)  Recognition of Janet Pedersen, Executive Assistant, on her Retirement. 

City Manager Herb Moniz thanked Janet Pedersen for her service to the City.  He stated that she has done an outstanding job assuming the myriad responsibilities of this position.  Vice Mayor Hudson presented Mrs. Pedersen with a proclamation recognizing her service to the City.  Mrs. Pedersen stated that she has thoroughly enjoyed her job and working with the Council and City staff.

(#4.2) Recognition of Jennifer Hemstad, Recreation Technician, as Employee of the Month for June 2009. 

Recreation Services Division Manager Esther Lucas recognized Jennifer Hemstad for her prompt and appropriate response to the closure of Coyote Creek Elementary School due to the Swine Flu.  She understood the impact of the school closure on scheduled programs and took immediate action.  Vice Mayor Hudson presented Ms. Hemstad with a certificate and a gold star.  Ms. Hemstad thanked the Council for this recognition.

(#4.3) Presentation by Beth Bigelow on the New GovDelivery Subscription Service.

Beth Bigelow provided an overview of San Ramon’s new GovDelivery Subscription Service.  Customers identify those items on the City’s web page for which they want updates.  Subscribers receive free, instant email alerts when the identified information is updated.  Cm. Perkins asked how staff will handle the secondary emergency channel.  Ms. Bigelow stated that employees can access the service from anywhere.  City Manager Herb Moniz stated that the City is in the process of establishing a hierarchy and providing training to staff to ensure that the appropriate messages are sent.  This service provides San Ramon with the opportunity to communicate information seamlessly through the web site.  Vice Mayor Hudson suggested that the East Bay Regional Parks District, County Connection, and Spare the Air be connected to the service.

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CITY COUNCIL APPOINTMENTS

(#5.1) Announcement of Parks and Community Services Commission 2009/10 Student Commissioner Appointment.

Vice Mayor Hudson reported that the City Council interviewed Teen Council applicants for the Parks and Community Services Commission 2009/10 Student Commissioner position on July 15, 2009.  He announced that Katherine Zhang was selected.  He thanked all of the applicants for their interest in the position. 

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PUBLIC COMMENT

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

Brent Lokker, representing the Tri-Valley Churches, issued a personal invitation to the Council to participate in the Tri-Valley Prayer Night scheduled for July 3, 2009.  It will be held at the Celebration Christian Center in Livermore at 7:00 p.m.  He suggested that the Tri-Valley Vision Churches may be a resource organization for the Council. 

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APPROVAL OF MINUTES

Cm. Livingstone’s motion to approve the June 9, 2009 City Council meeting minutes was seconded by Cm. Perkins and passed 3-0.  Cm. Rowley and Mayor Wilson were absent.

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CONSENT CALENDAR

(#8.1) Register of Demands as presented by the City Treasurer (Period ending May 31, 2009).

(#8.2) Minute Order No. 2009-20 – Authorizing the Mayor to Execute Amendment No. 2 to the Agreement (C2007-90) with Ace Auto Repair & Tire for an Additional One Year Period for the City’s Vehicle Maintenance Services in an Amount Not to Exceed $119,000.

(#8.3) Minute Order No. 2009-21 – Authorizing the Mayor to Approve Annual Purchases with Crop Production Services to Supply Fertilizer and Herbicides to the Public Services Department in an Annual Amount Not to Exceed $43,000.

(#8.4) Minute Order No. 2009-No. 22 – Authorizing the Mayor to Approve Annual Purchases with John Deere Landscapes to Supply Irrigation Supplies to the Public Services Department in an Annual Amount Not to Exceed $81,552.

(#8.5) Minute Order No. 2009-23 – Authorizing the Mayor to Approve Annual Purchases with Clean Source to Supply Janitorial Supplies to the Public Services Department in an Annual Amount Not to Exceed $79,165.

(#8.6) Minute Order No. 2009-24 – Authorizing the Mayor to Execute Amendment No. 3 to the Agreement with VenueTech Management Group, Inc. for Management Services for the Dougherty Valley Performing Arts Center and the Front Row Theatre; Extend the Term of the Agreement from July 1, 2009 through June 30, 2010 in an amount not to Exceed $499,000.

(#8.7) Minute Order No. 2009-25 – Authorizing the City Manager to Enter into Contracts with Kris Milligan in an Amount Not to Exceed $112,000 for Fiscal Year 2008/09.

(#8.8) Architectural Review Board Appointment.

(#8.9) Resolution No. 2009-096 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in Subdivision 8682 for Maintenance (Shapell Industries – Monarch at Gale Ranch).

(#8.10) Resolution No. 2009-097 – Accepting Certain Landscape Improvements in RA 1123 (Portions of Albion Road, Harcourt Way, and Windemere Parkway) for Maintenance (Windemere BLC, Land Development Company, LLC).

(#8.11) Resolution No. 2009-098 – Accepting Certain Landscape Dedications and Certain Landscape Improvements within Parcel A of Subdivision 8151; Parcel A of Subdivision 8153; Parcels A and B of Subdivision 8155; Parcels A and B and a Portion of Parcel C of Subdivision 8156; Lot 2 through Lot 7, Lot 10, and Lot 11 of Subdivision 8620, Installed as Part of RA 1123 (Portions of Albion Road, Harcourt Way, and Windemere Parkway) for Maintenance (Windemere BLC, Land Development Co., LLC).

(#8.12) Resolution No. 2009-099 – Repealing Resolution No. 2008-191 and Authorizing the City Manager to Sign Amendment No. 1 to Cooperative Agreement No. 43-00-114 Between the Contra Costa Transportation Authority and the City of San Ramon to Receive $271,724 in Transportation Funds for Clean Air and $32,672 in Measure C Carpool and Congestion Mitigation Air Quality and $101,774 Measure J Commute Alternatives funds for Fiscal Year 2008-2009 to Implement the City of San Ramon and Southwest Area Transportation (SWAT) Transportation Demand Management Programs.

(#8.13) Resolution No. 2009-100 – Authorizing the Mayor to Execute an Agreement  with Magnum Construction, Inc. for General Contracting Services in an Annual Amount Not to Exceed $371,800.

(#8.14A) Resolution No. 2009-101 – Authorizing the Mayor to Execute an Agreement  with Omnipoint Communications, Inc. for Continued Location, Operations and Maintenance of Existing Wireless Equipment on an Existing City Street Light Pole On San Ramon Valley Boulevard and Morgan Drive.

(#8.14B) Resolution No. 2009-102 – Authorizing the Mayor to Execute an Agreement with Omnipoint Communications, Inc. for the Continued Location, Operations and Maintenance of Existing Wireless Equipment on an Existing City Street Light Pole on Deerwood Drive and Hillcrest Court.

(#8.14C) Resolution No. 2009-103 – Authorizing the Mayor to Execute an Agreement with Omnipoint Communications, Inc. for the Continued Location, Operations and Maintenance of Existing Wireless Equipment on an Existing City Street Light Pole Within the Crow Canyon Road Right of Way and on Canyon Crest Drive.

(#8.14D) Resolution No. 2009-104 – Authorizing the Mayor to Execute an Agreement with Omnipoint Communications, Inc. for the Continued Location, Operations and Maintenance of Existing Wireless Equipment at the San Ramon Service Center Located at 5000 Crow Canyon Road.

(#8.15) Resolution No. 2009-105 – Authorizing the Mayor to Execute a Memorandum of Understanding between Sunset Development, Shapell Industries, and the City of San Ramon for the Fair Share Cost Obligations for Bollinger Canyon Road Improvements Phase 4 from Market Place to the I-680 Freeway (CIPs 5321, 5322 and 5324).

(#8.16) Resolution No. 2009-(next in line) – Authorizing the City Manager to Execute a Retainer Agreement to Provide Interim Legal Services 

(#8.17) Resolution No. 2009-(next in line) – Authorizing the City Attorney to Cooperate with the League of California Cities, Other Cities and Counties in Litigation Challenging the Constitutionality of Any Seizure by State Government of the City’s Street Maintenance Funds.

Cm. Perkins clarified that the two emergency items would be included on the Consent Calendar.  Cm. Perkins’ motion to approve items 8.1 through 8.17 was seconded by Cm. Livingstone and passed 3-0.  Cm. Rowley and Mayor Wilson were absent.

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UNFINISHED BUSINESS

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NEW BUSINESS

(#10.1) Resolution No. 2009-106 – Authorizing the Mayor to Execute Amendment
No. 4 to the Reimbursement Agreement with Shapell Industries for Bollinger Canyon Road Improvements Phase 4 from Market Place to the I-680 Freeway (CIPs 5321, 5322 and 5324) in an Amount Not to Exceed $1,998,281.

Brian Bornstein, Senior Engineer, reviewed the Bollinger Canyon Road Improvement project.  Phase 4 will be conducted in two parts.  Stage One includes removal of landscaping, relocation of traffic signal poles, relocating underground utilities, and building a retaining wall.  Stage Two is the actual road widening and construction of roadway improvements.  Cm. Perkins questioned the project’s schedule.  Mr. Bornstein noted that Stage One will begin in July and be completed at the end of the year.  Stage Two will start in April 2010.  Cm. Perkins asked staff to provide the drawings for Phase 5 to see the final configuration.  Cm. Livingstone asked if the public will be subject to delays comparable to the Crow Canyon Road project.  City Manager Moniz responded that there will be delays but that they will not be as long.  Mr. Bornstein noted that the contractor will try to minimize the disruption in areas adjacent to commercial businesses.  Vice Mayor Hudson recommended that the Iron Horse Trail be prominently mentioned. 

Cm. Perkins’ motion to adopt Resolution No. 2009-106 was seconded by Cm. Livingstone and passed 3-0.  Cm. Rowley and Mayor Wilson were absent.

(#10.2) Resolution No. 2009-107 – Approving the Statement of Investment Policy for 2009-2010.

Administrative Services Director Greg Rogers provided the report.  He recommended that the Category of “FDIC Insured Bonds” be added to the permitted investments list.  FDIC Bonds are a hybrid type of investment that was created by the Federal Government to assist in the economic recovery of the commercial banking system.  Staff proposed several limitations in the amount and type purchased.  The FDIC insurance on this type of bonds does not currently extend beyond June 30, 2012 which is the maximum investment term recommended.  To minimize the risk that the City would need to make a claim under the FDIC insurance program, it is recommended that the underlying debt rating of the issuing commercial bank be a minimum of “A”.  One further proposed limitation is to allow no more than 10% of the portfolio be invested in this type of security.  The Finance Committee reviewed the proposed Statement of Investment Policy on June 10, 2009 and recommended it be forwarded to the City Council for approval.  Cm. Perkins questioned why the City should include this type of bond.  Mr. Rogers explained that basic corporate ratings have dropped because of the current economy.   The remaining options do not provide diversity.  These bonds create a different type of investment which did not exist previously.  The Market considers this insured bond as secure as a Treasury Bill.

Cm. Perkins’ motion to adopt Resolution No. 2009-107 was seconded by Cm. Livingstone and passed 3-0.  Cm. Rowley and Mayor Wilson were absent.

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CITY MANAGER COMMENTS

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COUNCILMEMBER REPORTS

City Clerk Patricia Edwards stated that San Ramon will hold a Municipal Election on November 3, 2009.  The seats of the Mayor and two Councilmembers are available.  The Nomination period will run from July 13, 2009 to August 7, 2009.  Contact the City Clerk’s office for more information.

Deputy City Attorney Alicia Poon introduced Julie Fiske, a University of San Francisco law school graduate, who will be interning in the City Attorney’s Department.  Ms. Fiske thanked the City for the opportunity to gain municipal experience.

Cm. Perkins invited residents to attend the Fourth of July Picnic and Fireworks Celebration in Central Park.  Music will be provided by KKIQ.  He encouraged residents to take advantage of the excellent Saturday Farmers Market. 

Vice Mayor Hudson reported that the City was notified on June 15, 2009 that it received the Government Financial Officers Association Certificate of Achievement for Excellence in Financial Reporting for the fifth consecutive year.  He reminded residents to drive carefully and be alert for children now that school is out for the summer.  He stated that the Bay Area will continue to have Spare the Air Days and that additional information is available at www.sparetheair.org or by calling 1-800-HELP-AIR.  He reported that County Connection is working to make an additional $2.5-3 million in budget cuts.  On June 23, 2009, the Dublin San Ramon Services District will discuss filling the vacancy created when Thomas Ford died unexpectedly.  He informed City Councilmembers about the current ruling regarding the use of public funds to support ballot measures. 

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MAYOR’S REPORTS AND COMMENTS

At 8:05 p.m., there being no further business, Vice Mayor Hudson adjourned the meeting.

 

Signed:
H. Abram Wilson, Mayor
Patricia Edwards, City Clerk

Approved at the July 14, 2009 City Council meeting 3-0; Rowley and Wilson abstain.

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