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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

December 8, 2009

A regular meeting of the City Council of the City of San Ramon was held December 8, 2009 at 7:02 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.
PRESENT:  Councilmembers Hudson, Livingstone, Perkins, Rowley and Mayor Wilson.
STAFF PRESENT:  City Manager Herb Moniz, Interim City Attorney Roger Peters, Police Chief Scott Holder, Parks and Community Services Director Jeff Eorio, Recreation Services Division Manager Esther Lucas, Central Services Division Manager Pat Perry, Program Manager David Krueger, Public Services Director Karen McNamara, and City Clerk Patricia Edwards.

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PLEDGE OF ALLEGIANCE

Parks and Community Services Director Jeff Eorio led those in attendance in the pledge of allegiance.

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ANNOUNCEMENTS

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 meetings listed on the agenda. 

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SPECIAL PRESENTATIONS

(#4.1) Recognition of Parks and Community Services Director Jeff Eorio on his Retirement.  Presentation by Mayor Wilson.

Mayor Wilson presented Parks and Community Services Director Jeff Eorio with a proclamation recognizing his contributions to San Ramon and thanking him for his service.  Mr. Eorio thanked City Manager Herb Moniz for hiring him and for his support in creating a quality Parks Department.  He thanked former Mayor Diane Schinnerer and Dan Coleman with Shapell Homes for recommending him for the position.  He thanked the City Council for their support and for giving the Parks Department its position in the community.  He said that it was a privilege and an honor to have worked for the City.  Mr. Moniz stated that most people don’t realize how difficult it is to be named Parks Director by a City Manager who was the first Parks Director.  He stated that Mr. Eorio did an excellent job and he thanked Mr. Eorio for making the City’s ideas work.  Cm. Rowley thanked Mr. Eorio for his years of devotion to San Ramon.

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CITY COUNCIL APPOINTMENTS

(#5.1) Parks and Community Services Commission Appointment.

The City Clerk stated that the Council met earlier to interview the Parks Commission applicants.  Mayor Wilson noted that the selection was difficult and he thanked all of the candidates for applying.  He announced that the Council selected Bill Clarkson.  Vice Mayor Hudson’s motion to appoint Bill Clarkson to the Parks and Community Services Commission for a term expiring June 2010 was seconded by Cm. Rowley and passed 5-0.

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PUBLIC COMMENT

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APPROVAL OF MINUTES

Cm. Perkins’ motion to approve the November 24, 2009 City Council meeting minutes was seconded by Cm. Rowley and passed 5-0. 

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CONSENT CALENDAR

(#8.1) Adoption of Ordinance No. 419 – Amending the Sunset-Bishop Ranch Development Agreement and a portion of the Chevron Park Development Agreement relating to the San Ramon City Center Mixed Use Project (DA 09-850-001 and DA 09-850-002).

(#8.2) Resolution No. 2009-177 – Approving and Authorizing an Agreement Among the Contra Costa County Flood Control and Water Conservation District (on Behalf of the Contra Costa Clean Water Program), the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District Regarding the Contra Costa Clean Water Program’s Inspection Activities, and Approving and Authorizing the City Manager to Execute the Second Amendment to the Stormwater Utility Area Agreement between the Contra Costa County Flood Control and Water Conservation District and the City of San Ramon.

(#.3) Resolution No. 2009-178 – Authorizing the Mayor to Execute an Agreement with Kel-Tec Builders, Inc. for the Construction of Forest Home Farms – Walnut Storage Shed (Building #14) Renovation Project (CIP 5502) in an Amount Not to Exceed $228,200.

(#8.4) Resolution No. 2009-179 – Authorizing the Mayor to Execute an Agreement with RP Engineering Contractors, Inc. for the Construction of the Annual Curb, Gutter and Sidewalk Repair Project (CIP 5450) and for Miscellaneous Concrete Repair Work for the Period between January 2010 and December 2010 in an Amount Not to Exceed $145,000.

(#8.5) Resolution No. 2009-180 – Authorizing the Mayor to Execute an Agreement with Galedrige Construction, Inc. for the Construction of the Annual Pavement Repair Stop Gap Project (CIP 5483) in an Amount Not to Exceed $215,000.

 (#8.6) Resolution No. 2009-181 – Accepting PA 0027 (Compass Point Park, Lot 7 of Subdivision 8957) Dedications and Improvements for Maintenance (Windemere BLC, Land Development Co., LLC).

(#8.7) Resolution No. 2009-182 – Accepting Certain Roadway Dedications, Easements and Improvements in Subdivision 8717 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.8) Resolution No. 2009-183 – Repealing Resolution No. 2009-137 and Amending the Parking Restrictions Master Street List by Adding Parking Restrictions in Various Areas of San Ramon as per Title B, Division B-8, Chapter I, Article 1, Section B8-1, Stopping, Standing or Parking – Curb Marking Designations.

Cm. Livingstone’s motion to approve items 8.1 through 8.8 was seconded by Vice Mayor Hudson and passed 5-0. 

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UNFINISHED BUSINESS

(#9.1) Public Hearing: Introduce, Waive Further Reading, and Adopt Urgency Ordinance No. 420 – Amending the Sunset-Bishop Ranch Development Agreement and a portion of the Chevron Park Development Agreement relating to the San Ramon City Center Mixed Use Project. (DA 09-850-001 and DA 09-850-002).

Interim City Attorney Roger Peters stated that the Public Hearing is being conducted to correct a procedural error which occurred at the November 24, 2009 Council meeting on this item.  Vice Mayor Hudson asked if the Council needed to readopt the findings regarding the Ordinance.  Mr. Rogers responded that they did not.

Vice Mayor Hudson’s motion to introduce and waive a further reading of Ordinance No. 420, an Urgency Ordinance Approving the Seventh Amendment to the Development Agreement between the City of San Ramon and Sunset Development Company and Others, and a Fifth Amendment to the Portion of the Development Agreement between the City of San Ramon and Chevron, U.S.S., Inc. Assigned to and Assumed by Sunset Building Company, LLC, and Other Related Matters, relating to the San Ramon City Center Mixed Use Project was seconded by Cm. Livingstone and passed 5-0.

Mayor Wilson opened the public hearing.  There were no requests to address this item. 

Mayor Wilson closed the public hearing.  There were no comments from the Council.

Vice Mayor Hudson’s motion to adopt Ordinance No. 420 an Urgency Ordinance Approving the Seventh Amendment to the Development Agreement between the City of San Ramon and Sunset Development Company and Others, and a Fifth Amendment to the Portion of the Development Agreement between the City of San Ramon and Chevron, U.S.S., Inc. Assigned to and Assumed by Sunset Building Company, LLC, and Other Related Matters, relating to the San Ramon City Center Mixed Use Project was seconded by Cm. Perkins and passed 5-0.

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NEW BUSINESS

(#10.1) Election of the Mayor Pro Tempore for the City of San Ramon.

City Clerk Patricia Edwards requested that the City Council elect a Mayor Pro Tempore for 2009-10.  Vice Mayor Hudson nominated Cm. Rowley.  Cm. Perkins seconded the motion.  Mayor Wilson asked if there were any other nominees.  Cm. Livingstone’s motion to close the nominations and appoint Cm. Rowley as the new Mayor Pro Tempore was seconded by Vice Mayor Hudson and passed 5-0.  Vice Mayor Rowley said that it will be an honor to serve the City in this capacity. 

(#10.2) Senior Advisory Committee Annual Report.

Division Manager Recreation Services Esther Lucas introduced Shirley Ernest, Chairperson of the Senior Citizen Advisory Committee who provided the report.  Mrs. Ernest reviewed the 2008-09 goals and accomplishments in the areas of transportation, nutrition, disaster preparedness and intergenerational programming.  She reviewed the Accomplishments and Actions and noted that there were over 41,000 drop in visits to the Senior Center during 08/09 compared to 37, 709 in 07/08.  Goals for 2009-10 will include:  increasing awareness of the senior center and community programs; enhancing transportation services; raising awareness and breaking down stereotypes; addressing the needs of isolated seniors; maintaining and promoting existing programs; evaluating current programs and making recommendations to staff; and developing a document which provides information on governmental representatives.

Mayor Wilson thanked Mrs. Ernest for her dedication.  Vice Mayor Rowley thanked her for initiating the luncheon speaker program. 

(#10.3) Public Hearing:  Introduction of an Ordinance (next in line) Repealing Ordinance No. 467 Amending Division 7 of the Municipal Code Delegating Limited Contract and Procurement Authority to the City Manager and Designated Directorates and Schedule a Public Hearing for December 22, 2009.

Central Services Division Manager Pat Perry presented the staff report.  She requested that a public hearing be scheduled for January 12, 2010.  Cm. Hudson’s motion to introduce the Ordinance and schedule the public hearing for January 12, 2010 was seconded by Vice Mayor Rowley and passed 5-0.

(#10.4) Resolution No. 2009-184 – Authorizing the Mayor to Execute Amendment No. 1 to the Existing Disposal Agreement with Republic Services, Inc. to Extend the Term through 2019, Reduce Compensation for Disposal, and Add Composting Services.

Resolution No. 2009-185 – Authorizing Waste Management, Inc. to Purchase Six Compressed Natural Gas Powered Refuse Collection Vehicles for a Total Annual Amount Not to Exceed $0.36 per Household Per Month and Implement a Citywide Residential Food Scrap Recycling Program.

The staff report was provided by David Krueger, Program Manager.  He reviewed the rate information, landfill availability, food scrap recycling, and compost and disposal services available through Waste Management and Republic Services.  He discussed the strengths of the Republic Services proposal.  Cm. Perkins thanked the vendors for hosting tours and providing compost and disposal information.  There were no other questions or comments from the Council.

Mr. Krueger stated that six diesel collection vehicles need to be replaced in 2010 by Waste Management.  He discussed the advantages of Compressed Natural Gas (CNG) versus diesel and other alternative fuels.  Mayor Wilson expressed concern regarding the location of CNG fuel sources.  Mr. Krueger reviewed the rate impacts of the options discussed.   He noted that there is a significant difference in green house gas emissions for diesel versus CNG and that CNG produces lower emissions.  He stated that the 5% residential rate increase scheduled for 2010 is due primarily to nonnegotiable items.  Staff recommends that the Council accept the Republic Services proposal, initiate a Citywide food scrap program and direct Waste Management to purchase CNG vehicles.

Mayor Wilson opened the public comment.  There was one request to address this item.

Grant Hankins, representing Waste Management, presented Waste Management’s position and its advantage for collection, disposal and processing services.  He stated that Waste Management provides the lowest cost option to the ratepayer and asked the Council to consider Waste Management’s proposal.

Cm. Perkins asked if Waste Management plans to make CNG at the Altamont landfill.  Mr. Hankins responded that their long term plan is to convert Liquefied Natural Gas (LNG) to CNG.  Cm. Perkins asked if the pricing will be CPI based plus the pass through or 4% plus the pass through.  Waste Management offered the CPI option.  He asked Mr. Hankins if he was aware of the problems with the new call center.  They include an extensive wait time and no voice mail which is a violation of the current contract.

Cm. Hudson asked if the CNG vehicles will have the same capacity as the diesel trucks.  Mr. Hankins responded yes.  Cm. Hudson questioned the tire inflation policy.  Mr. Hankins said that the drivers check the tires daily to ensure safety and fuel efficiency. 

Cm. Rowley questioned the source of the mulch made available to San Ramon residents.  Mr. Krueger stated that the franchise agreement requires Waste Management to provide mulch and compost equal to 10% of San Ramon’s green waste but the mulch may not have come from San Ramon’s green waste. 

Mayor Wilson closed the public comment.

Cm. Hudson’s motion to adopt Resolution No. 2009-184 was seconded by Cm. Perkins and passed 5-0. 

Cm. Perkins’ motion to adopt Resolution No. 2009-185 was seconded by Cm. Livingstone.  Cm. Hudson stated his opposition to this Resolution.  Using CNG vehicles will put heavier equipment on the street.  CNG’s methane is more damaging to the climate.  He noted that the 2010 diesel vehicles meet the state emission standards and that the hybrid diesel is a superior vehicle.  He believes that the use of CNG vehicles will not bring the City to the 1990 emission levels. 

Cm. Livingstone asked where Cm. Hudson obtained information regarding the heavier weight of the CNG vehicles.  Cm. Hudson responded that he spoke to County Connection’s maintenance supervisor.  Cm. Livingstone asked staff to respond to these comments.  Mr. Krueger reported that the CNG vehicle is heavier than the diesel vehicle and does collect less garbage per trip.  He added that the CNG vehicles do not have a methane leaking problem and that LNG vehicles may experience leaking during engine idling.  The Cm. Hudson commented that it is important to view the total emission issue. 

Cm. Livingstone stated that he is not prepared to vote on Resolution No. 2009-185 and requested more information on the CNG vehicle weight.  Mayor Wilson asked if the item is time sensitive.  Mr. Krueger said that the Bay Area Air Quality Management District grant deadline is December 21, 2009.  Waste Management needs to order replacement trucks by February.  Mayor Wilson expressed concern about missing the grant deadline.  Public Services Director Karen McNamara suggested that staff proceed and submit the grant by the deadline.  A decision regarding the vehicle choice could be made prior to accepting the grant.  Mayor Wilson asked staff to meet with Cm. Hudson and Cm. Livingstone to discuss and make a decision on the selection of the best vehicle. 

Cm. Perkins made a motion to continue the item to January 12, 2010 and direct staff to submit a new staff report and to submit the grant.  Public Services Director McNamara noted that the second part of the Resolution No. 2009-185 related to Waste Management deals with the implementation of a citywide food scrap recycling program.

Cm. Perkins withdrew his initial motion.   Cm. Perkins’ motion to continue the decision on CNG refuse collection vehicles and direct staff to prepare a new staff report for the January 12, 2010 Council meeting and direct staff to prepare the grant application was seconded by Cm. Hudson was passed 5-0.

Cm. Perkins’ motion to implement the citywide food scrap recycling program as outlined in the staff report and Resolution No. 2009-185 was seconded by Cm. Livingstone and passed 5-0.

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CITY MANAGER COMMENTS

Rescheduling or Cancellation of December 22, 2009 City Council Meeting.

City Manager Herb Moniz asked the Council to consider cancelling the December 22, 2009 meeting.  Mayor Wilson’s motion to cancel the December 22, 2009 City Council meeting was seconded by Cm. Perkins and passed 5-0.

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COUNCILMEMBER REPORTS

Cm. Perkins stated that the Holiday on the Farm was a great event and thanked City staff for their work.  Cm. Rowley complimented Jane Jennings for her excellent organization of the volunteers who worked this event.

Cm. Hudson announced that he was appointed to the Bay Area Air Quality Management District Board.  He attended the East Bay Regional Park District Citizen Advisory Committee dinner and received a plaque on behalf of Mike Shimansky.  Cm. Livingstone congratulated Cm. Hudson on his appointment.

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MAYOR’S REPORTS AND COMMENTS

Mayor Wilson discussed the State massage ordinance and its impact on San Ramon.  He will meet with State representatives to discuss his concerns and will keep the Council updated.  He wished residents a Merry Christmas, Happy Hanukkah, and happy holidays.

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CLOSED SESSION

At 8:48 p.m., the Council convened to Closed Session pursuant to: (1) Government Code §54956.8 for City Council to Meet with its Real Property Negotiators Herb Moniz and Marc Fontes Regarding APN 209-240-019; (2) Government Code § 54956.9(b) to Confer with Legal Counsel Regarding Anticipated Litigation: Initiation of Litigation: One Case; and (3) Government Code §54957 to evaluate the position of City Manager.

At 10:07 p.m., Mayor Wilson reconvened the meeting. All Council members were present.  Mayor Wilson reported that no action was taken by the City Council on Closed Session items 1 and 2.  The City Council will meet on December 14, 2009 at 8:00 a.m. to continue the evaluation of the City Manager.

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

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

Approved at the January 12, 2010 City Council meeting 5-0.

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