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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

May 25, 2010

A regular meeting of the City Council of the City of San Ramon was held May 25, 2010 at 7:08 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, Loss Control/Risk Manager Cheryl Mitchell Wade, Historical Properties and Cultural Events Program Manager Kim Giuliano, Division Manager Esther Lucas, Program Manager David Krueger, Transportation Division Manager Lisa Bobadilla, Administrative Analyst Joe Tanner, and City Clerk Patricia Edwards.

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PLEDGE OF ALLEGIANCE

Ken Mintz, former Parks and Community Services Commissioner, 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 the May 26, 2010 Policy Committee meeting was cancelled.

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SPECIAL PRESENTATIONS

(4.1) Recognition of the California High School Teams and Coaches of the Moot Court Team for Placing First in Contra Costa County and the Mock Trial Team for Placing Third in Contra Costa County.  Moot Court Team: Karishma Pareek and Alyssa Briggs, Teacher Coach Brian Barr, Attorney Coach Ellen Rosenbluth; Mock Trial Team Captains Cady DeLano and Lana Zholudeva, Teacher Coach Brian Barr, Attorney Coach Lori Gong.  Presented by Mayor Wilson.

Mayor Wilson presented a certificate to each student and to Brian Barr and to Ms. Rosenbluth recognizing and thanking them for their commitment.  He stated that it was important for students to have this opportunity to develop life and communication skills.  Teacher Coach Brian Barr thanked the Council for recognizing the students and coaches.  He commended the students for the time and effort which they committed to the program.    Moot Court Attorney Coach Ellen Rosenbluth stated that 40 students are trying out for next year’s teams and this is due to the enthusiasm of the current participants. 

(4.2) Proclamation Supporting AT&T’s No Texting While Driving Campaign.  Presented to Ken Mintz, AT&T External Affairs Area Manager, by Mayor Wilson.

Mayor Wilson presented the proclamation to Ken Mintz.  Mr. Mintz thanked the Council for their support of the campaign.   He stated that reading or sending text is one of the worst driving distractions and stressed the importance of alerting everyone to the dangers of texting while driving. 

(4.3) Proclamation Declaring June 1-7, 2010 As National Cardiopulmonary Resuscitation and Automated External Defibrillator Awareness Week and Commitment to a HeartSafe Community.  Presented by Mayor Wilson.

Police Chief Scott Holder stated that this is a collaborative effort between the San Ramon Valley Fire Protection District and the San Ramon Emergency Preparedness Citizens Core Council.  AEDs are available in each police patrol car and will also be located in 13 City facilities.  Mayor Wilson presented the proclamation to Vicki Wright, RN, and Captain Andy Swartzell, Co-Chairs of the Heart Safe Committee.  Captain Swartzell thanked the Council for its support of the HeartSafe Community.  He stressed the need for more people to be trained in CPR and the use of AEDs.  Ms. Wright urged residents to register for CPR classes.

(4.4) Proclamation Declaring June 2010 as National Safety Month.  Presented to Cheryl Mitchell Wade, Loss Control/Risk Manager, by Mayor Wilson.

Cheryl Mitchell Wade, Loss Control/Risk Manager accepted the proclamation from Mayor Wilson on behalf of the City’s Employee Safety Committee.  She noted that City employees are trained in CPR.

(4.5) Recognition of David Krueger, Solid Waste/Recycling Program Manager, and Craig Stevens, Administrative Sergeant, as Employees of the Month for May 2010.  Presented by Mayor Wilson.

Police Chief Scott Holder reviewed the process involved in initiating the pharmaceutical disposal program which helps the environment.  Pharmaceuticals can be dropped off at the Dougherty Police Substation from 8:30 a.m. to 4:30 p.m., Monday through Friday.  The City is working with the San Ramon Regional Hospital Foundation to hold weekend community events at the Hospital.  Mayor Wilson presented David Krueger and Sergeant Stevens with a certificate and a gold star.  Mr. Krueger thanked Sergeant Stevens for his assistance and recognized the efforts of Hermann Welm and Gregg Schnepple, Executive Director of the Hospital Foundation.  He noted that the Central Contra Costa Sanitary District funds the collection and safe disposal of the pharmaceuticals.  Sergeant Stevens stated that this is a great program which has been well received in the community.

(4.6) Announcement of Art and Wind Festival by Kim Giuliano, Historical Properties and Cultural Events Program Manager.

Kim Giuliano invited everyone to attend the Art and Wind Festival on May 30-31, 2010 at Central Park.  This year’s event will include more than 200 arts and craft booths, professional kite flying demonstrations, a large children’s area, nonprofit info alley, three entertainment stages, food booths operated by nonprofits, and a hot air balloon launch.  She thanked the sponsors for making the event possible:  The 2010 Presenting Sponsor is Chevron.  The 2010 Gold Sponsor is Comcast.  The 2010 Silver Sponsors are the San Ramon Regional Medical Center, the San Ramon Marriott, the Contra Costa Times, and KKIQ radio.  There are also 18 Bronze Sponsors for the 2010 event.

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CITY COUNCIL APPOINTMENTS

(5.1) Arts Advisory Committee Appointments

Division Manager Esther Lucas provided the report.  Vice Mayor Rowley’s motion to appoint William Doerlich, Joanne Ellgas, Joan English, and Rosalind Rogoff to the Arts Advisory Committee for terms expiring in April 2012 was seconded by Cm. Perkins and passed 5-0.  Cm. Perkins encouraged residents to apply for this interesting Committee. 

(5.2) Library Advisory Committee Appointments

Division Manager Esther Lucas provided the report.  Vice Mayor Rowley’s motion to appoint Kimberly Johnson, Samuel J. May, and Carol Zilinskas to the Library Advisory Committee for terms expiring in January 2012 was seconded by Cm. Hudson and passed 5-0.  Mayor Wilson encouraged residents to apply for the remaining two vacancies. 

(5.3) Senior Advisory Committee Appointments

Division Manager Esther Lucas provided the report.  Vice Mayor Rowley’s motion to appoint Shirley Ernest, Joan C. Ernst, and Sally Lunn to the Senior Advisory Committee for terms expiring in April 2012 was seconded by Cm. Hudson and passed 5-0.

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PUBLIC COMMENT

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APPROVAL OF MINUTES

(#7.1) Minutes of the May 11, 2010 special meeting.
Cm. Hudson’s motion to approve the May 11, 2010 Special City Council Meeting minutes was seconded by Cm. Livingstone and passed 5-0. 

(#7.2) Minutes of the May 11, 2010 regular meeting.
Cm. Hudson’s motion to approve the May 11, 2010 City Council meeting minutes was seconded by Vice Mayor Rowley and passed 5-0. 

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CONSENT CALENDAR

Mayor Wilson requested that item 8.8 be removed for a staff report.

(#8.1) Register of Demands as presented by the City Treasurer (Period ending April 30, 2010).

(#8.2) Minute Order 2010-15 – Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with Best Best & Krieger LLP for Legal Services to Provide for an additional $100,000 to the agreement for a total not to exceed amount of $350,000 for Fiscal Year 2009-10.

(#8.3) Resolution No. 2010-051 – Adopting the Fiscal Year 2010-2011 Operating and Capital Budget, Establishing an Appropriation Limit, and Authorizing Carryover Project Appropriations.

(#8.4) Resolution No. 2010-052 – Authorizing the City Manager to Execute Amendment No. 1 to the Memorandum of Understanding with Service Employees International Union Local 1021, Amendment No. 2 to the Police Services Memorandum of Understanding, and a Modification to the City Pay for Performance Compensation Plan.

(#8.5) Resolution No. 2010-053 – Accepting Certain Dedications and Landscape Improvements in RA 1199 (a Portion of Alamo Creek Trail) for Maintenance (Windemere BLC, Land Development Company, LLC).

(#8.6) Resolution No. 2010-054 – Authorizing the Mayor to Execute Amendment No. 3 to the Agreement with Azari Engineering, Inc. for Engineering Services for the Annual Pavement Management Program (CIPs 5397, 5402, 5409, 5449, 5512, 5534 and 5539) and for the Parking Lot Pavement Maintenance Project (CIP 5438) for a Period between September 26, 2007 and March 31, 2011 in an Amount Not to Exceed $175,000.

(#8.7) Resolution No. 2010-055 – Authorizing a Budget Increase in the Amount of $768,166 for the Annual Pavement Management Project (CIP 5449) through a Budget Transfer in the Amount of $690,000 from the San Ramon Valley Boulevard Pavement Rehabilitation Project (CIP 5539) and $78,166 from the San Ramon Valley Boulevard Pavement Rehabilitation Project (CIP 5534) to the Annual Pavement Management Project (CIP 5449); and Authorizing the Mayor to Execute an Agreement with Bay Cities Paving & Grading, Inc. for the Construction of the Annual Pavement Management Project (CIP 5449) in an Amount Not to Exceed $3,053,329.

(#8.9) Resolution No. 2010-057 – Authorizing the Mayor to Execute Amendment No. 2 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 $20,000.

(#8.10) Resolution No. 2010-058 – Authorizing the Mayor to Execute Amendment No. 5 to the Existing Agreement with Central Maintenance Company to Renew the Agreement for Janitorial Services in an Annual Agreement Amount Not to Exceed $331,222.

(#8.11) Resolution No. 2010-059 – Authorizing the Mayor to Execute Amendment No. 4 to the Existing Agreement with Traffic Limited, Inc. to Renew the Agreement for Striping and Stenciling Services in a Total Annual Amount Not to Exceed $183,490.

Cm. Hudson’s motion to approve items 8.1 through 8.7 and 8.9 through 8.11 was seconded by Cm. Livingstone and passed 5-0. 

(#8.8) Resolution No. 2010-056 – Approving the Landscaping & Lighting District No. 1984-1 Engineer's Report for Fiscal Year 2010/11; Adopting a Resolution of Intention to Levy and Collect Assessments for Fiscal Year 2010/11; and Setting a Public Hearing for June 8, 2010.

Program Manager David Krueger provided the report and explained the process.  The purpose of the Engineer’s Report is to provide a detailed description and an estimation of costs for each zone in the District.  The database of parcels and their corresponding assessments to be included on the property tax roll must be submitted to the Contra Costa County Assessor’s Office by August 10, 2010.  Mayor Wilson reviewed several changes which staff has made this year.  The Glass House was added as Zone 19.  The City realized a 13% reduction in overall L&L landscaping maintenance costs as a result of the new landscaping maintenance contracts.  The City is spending $20,000 to pro-actively install pull-box inserts in Citywide Lighting Zone street light poles to help prevent the costly theft of copper wire from the poles.  The City will realize an energy cost savings by converting City-owned street lights to energy-saving LED technology.  The City was also able to recoup $7,750 to reimburse the HOA in Zone 16 for City water bills that were erroneously billed by EDMUD.  Mayor Wilson thanked staff for being proactive.  Cm. Hudson encouraged the public to participate in the June 8, 2010 public hearing.

Cm. Hudson’s motion to approve Resolution No. 2010-056 was seconded by Cm. Livingstone and passed 5-0. 

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UNFINISHED BUSINESS

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NEW BUSINESS

(#10.1) Transportation Advisory Committee Annual Report.

Lisa Bobadilla, Transportation Division Manager, thanked the Transportation Advisory Committee (TAC) members for their time, hard work, and constructive feedback.  She recognized TAC Chair Jim McVay for his leadership and dedication.  Mr. McVay provided the report.  The purpose of the TAC is to provide a forum to discuss traffic calming concerns and to provide a clearing house for transportation issues which affect the City of San Ramon, keep the City Council updated on transportation issues, and bring those items requiring action before the City Council.  These issues include:  public transportation routes, service changes and marketing/outreach; the San Ramon General Plan – Traffic and Circulation; the TRAFFIX Program; Contra Costa Countywide Transportation Plan; Residential Traffic Calming Program (RTC), traffic calming requests; Safe Routes to School; and recommendations related to traffic calming standards, procedures and policies.  The RTC reviewed 76 requests relating to speeding, signage, parking, cut-through traffic, turning movements and speed humps.  Mr. McVay reviewed the TAC’s major action items for 2009.  The TAC’s 2010 Action Plan includes: reviewing, evaluating and monitoring results of Radar Speed Display Signs; monitoring implementation of the TRAFFIX Program; providing input on development of RTC cost recovery; providing feedback on the Safe Routes to School Program; reviewing the Street Smarts/Safe Routes to School Program Enhancements; providing input on Dougherty Valley Transit Shelter Installation; providing input on the development of the Bay Area Transit Sustainability Study; receiving the update on Street Smarts “It Happens” Campaign at Dougherty Valley High School; and receiving informational report on I-680 High Occupancy Lane Project and Express Bus Access Study.

Mayor Wilson thanked the TAC members for their work.  Cm. Hudson’s motion to receive the report was seconded by Vice Mayor Rowley and approved 5-0.

(#10.2) Public Hearing:  Introduction of Ordinance No. (next in line) – Implementing the Digital Infrastructure and Video Competition Act of 2006 by Adding Article 18, "Video Service Provided by State Franchise Holders" to the Municipal Code.

Administrative Analyst Joe Tanner provided the report.  The Digital Infrastructure and Video Competition Act of 2006 (“DIVCA” or AB 2987) became effective on January 1, 2007.  The purpose of DIVCA was to streamline the franchising process for video service providers and to provide for the convergence of technologies.  DIVCA allows the California Public Utilities Commission to administer all franchise agreements.  The City’s two franchise agreements will be in place until they expire.  Since 2001, the City of San Ramon has collected a 5% franchise fee generated from the cable provider’s revenue.  The proposed Ordinance would allow the City to exercise the limited authority granted to it by DIVCA concerning: collecting franchise fees; examining and auditing business records; establishing customer service penalties; issuing permits and construction; and establishing a fee to support the Public, Educational, and Government Access Channel.

Cm. Perkins asked when AT&T’s U-verse service will be available for all San Ramon residents per their agreement with the City.  City Manager Herb Moniz stated that the City will have to accomplish compliance with the agreements prior to 2011.  He said that staff will prepare a report for the Council regarding the AT&T U-Verse situation.  Cm. Livingstone asked about the correlation between fifty cents per subscriber fee versus one percent (1%) of the franchise holder’s gross.  Mr. Tanner stated that the proposed 1% fee will provide significantly more money.  Cm. Perkins noted that that these funds are only available for TV30’s capital improvements and asked how their operational expenses will be covered.  Mr. Tanner responded that the Board and staff are working on solutions.  He noted that the Community Access Preservation Act (CAP) is currently pending and if approved would include capital and operational expenses.  Mayor Wilson noted that the Tri-Valley mayors are working on this and making sure that TV30 operates efficiently.

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

Cm. Hudson’s motion to introduce the Ordinance, waive the reading and continue the Ordinance to the June 8, 2010 Council meeting was seconded by Cm. Livingstone and approved 5-0.

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CITY MANAGER COMMENTS

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COUNCILMEMBER REPORTS

Cm. Hudson reported on the meetings which he attended including the National League of Cities, the Association of Bay Area Governments, the Contra Costa County Transportation Authority, the Bay Area Air Quality Management District, and the Central Contra Costa Transit Authority.  He stated his strong support for AT&T’s No Texting While Driving Campaign.

Cm. Perkins thanked City staff for their effort to complete the annual budget process.

Vice Mayor Rowley thanked City staff for their work on the budget.  She recognized Ms. Bobadilla for her leadership on the TRAFFIX program.  She encouraged San Ramon students to ride the bus and take advantage of the monthly payment option.  She thanked the Economic Development Advisory Committee for an excellent City tour on May 22, 2010.  She encouraged residents to patronize the Farmers Market vendors.  She stated that the Glass House Grand Opening was fabulous.

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MAYOR’S REPORTS AND COMMENTS

Mayor Wilson reminded residents to support local farmers at the Farmers Market.  He encouraged everyone to attend the Art and Wind Festival on May 30-31, 2010.  He thanked City staff for their efforts to produce a balanced budget.  He acknowledged the financial value of the contribution of City volunteers.  He stated that the City Council interviewed four applicants for the Parks and Community Services Commission on May 24, 2010.  Mayor Wilson announced that Bill Clarkson, William Meine and Dominique Yancey were appointed to terms expiring in April 2014.

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At 8:34 p.m., the Council convened to Closed Session pursuant to Government Code §54956.9(b) Conference with Legal Counsel regarding Anticipated Litigation: One Case.   

At 9:02 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) Conference with Legal Counsel regarding Anticipated Litigation: One Case.  Mayor Wilson reported that the City Council authorized Best Best & Krieger to initiate litigation subject to further fact finding by Best Best & Krieger and approved by the Mayor.

At 9:03 p.m., there being no further business, Mayor Wilson adjourned the meeting.

 

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

Approved at the June 8, 2010 City Council meeting 5-0.

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