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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

June 24, 2010

Due to a lack of quorum, the June 22, 2010 meeting of the City Council of the City of San Ramon was adjourned to June 24, 2010 and held at 7:01 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding. 
PRESENT:  Councilmember Perkins, Vice Mayor Rowley, and Mayor Wilson.
ABSENT:  Councilmembers Hudson and Livingstone.
STAFF PRESENT:  City Manager Herb Moniz, Deputy City Attorney Alicia Poon, Police Lieutenant Joe Gorton, Division Manager Esther Lucas, Administrative Services Director Greg Rogers, and City Clerk Patricia Edwards.

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PLEDGE OF ALLEGIANCE

Cm. Perkins 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 Katherine Zhang, Parks and Community Services Commission 2009/10 Student Commissioner.
James Eaneman, Parks and Community Services Commission Chair, stated that Ms. Zhang provided exceptional enthusiasm, leadership, and insightful analysis as the Student Commissioner.  He thanked her for her contribution to the Commission.  Mayor Wilson presented a plaque to Ms. Zhang.  He thanked her for her dedication.  Ms. Zhang thanked the Council for the recognition. 

(4.2) Recognition of the members of San Ramon Girl Scout Troop 30746: Pacific Austin, Olivia Bouchet, Jeanina Farmer, Samantha McMillan, Vidhi Sachdeva, Rebecca Schneider, Alissa Thomas, and Sara Thomas on Receipt of their Silver Awards. 
Due to the meeting date change, the girl scouts were unable to attend. 

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CITY COUNCIL APPOINTMENTS

(5.1) Arts Advisory Committee Appointment
Division Manager Esther Lucas provided the report.  Cm. Perkins’ motion to appoint Ron LaRussa to the Arts Advisory Committee for a term expiring April 2011 was seconded by Vice Mayor Rowley and passed 3-0.  Cms. Hudson and Livingstone were absent. 

(5.2) Library Advisory Committee Appointment
Division Manager Esther Lucas provided the report.  Vice Mayor Rowley’s motion to appoint Joanne Mudry to serve as an alternate on the Library Advisory Committee with a term to expire January 2012 was seconded by Cm. Perkins and passed 3-0.  Cms. Hudson and Livingstone were absent. 

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PUBLIC COMMENT

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APPROVAL OF MINUTES

(#7.1) Minutes of the June 8, 2010 special meeting.
Vice Mayor Rowley’s motion to approve the June 8, 2010 City Council special meeting minutes was seconded by Cm. Perkins and passed 3-0.  Cms. Hudson and Livingstone were absent. 

(#7.2) Minutes of the June 8, 2010 regular meeting.
Cm. Perkins’ motion to approve the June 8, 2010 City Council regular meeting minutes was seconded by Vice Mayor Rowley and passed 3-0.  Cms. Hudson and Livingstone were absent. 

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CONSENT CALENDAR

(#8.1) Register of Demands as presented by the City Treasurer (Period ending May 31, 2010).

(#8.2) Minute Order No. 2010-16 – Authorizing the City Manager to Enter into Annual Contracts with Parks and Community Services Contract Instructors That are Expected to Exceed $50,000 Annually.

(#8.3) Resolution No. 2010-071 – Approving the Statement of Investment Policy for Fiscal Year 2010-2011.

(#8.4) Resolution No. 2010-072 – Supporting HR 3745 Which Would Establish the Community Access Preservation Act.

(#8.5) Resolution No. 2010-073 – Approving the Application for Nature Education Facility Program Funds from the State of California Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006.

(#8.6) Resolution No. 2010-074 – Authorizing the Mayor to Execute Amendment No. 4 to the Agreement (C2007-120) with Venuetech Management Group, Inc. for Management and Consulting Services for the Dougherty Valley Performing Arts Center and Front Row Theatre in an Annual Agreement Amount Not to Exceed $469,975.

(#8.7) Resolution No. 2010-075 – Authorizing the City Council to Establish a Scholarship Fund for San Ramon Residents Requesting Financial Assistance to Participate in Community Service and Recreation Programs and Classes.

(#8.8) Resolution No. 2010-076 – Authorizing the Mayor to Execute Amendment No. 4 to the Existing Agreement with Calsense to Renew the Agreement for the Centralized Irrigation System Upgrades Project (CIP 5404) in an Annual Agreement Amount Not to Exceed $82,500.

(#8.9) Resolution No. 2010-077 – Authorizing the Mayor to Execute Amendment No. 1 to an Existing Agreement with Magnum Construction, Inc. to Renew the Agreement for General Contracting Services in an Annual Amount Not to Exceed $280,500.

Cm. Perkins’ motion to approve items 8.1 through 8.9 was seconded by Vice Mayor Rowley and passed 3-0.  Cms. Hudson and Livingstone were absent. 

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UNFINISHED BUSINESS

(#9.1) Public Hearing:  Interim Urgency Ordinance No. 426 – Extending Interim Urgency Ordinance No. 424 for an Additional 10 Months and 15 days and Continue for this Period the Moratorium on the Establishment and Operation of Marijuana Dispensaries Pursuant to Government Code Section 65858.

Deputy City Attorney Alicia Poon stated that a 4/5s vote of the City Council is needed to adopt a City ordinance.  As only three Councilmembers were present, she recommended that Ordinance 426 be tabled.  Mayor Wilson opened the public hearing.  There were no requests to address this issue.  Mayor Wilson closed the public hearing.

Cm. Perkins’ motion to continue Ordinance 426 was seconded by Vice Mayor Rowley and passed 3-0.  Cms. Hudson and Livingstone were absent. 

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NEW BUSINESS

(#10.1) Teen Council Annual Report.

Katherine Zhang, Parks and Community Services Commission 2009/10 Student Commissioner, provided the report.  She provided information on the Teen Council’s 2009-10 activities and accomplishments and plans for 2010-11.  Some of the 2009-10 accomplishments included: work on an antismoking initiative; expanding the Teen Council volunteer network; planning the “Fifth Grade Happening” event; attending City Council meetings; selling parking at the Art and Wind Festival; judging the Teen Center Art competition; and supporting the 2010 Summer Movie Nights.

Cm. Perkins asked if there were any projects which the Teen Council would change.  Ms. Zhang stated that the new members were very responsible and involved.  The Teen Council plans to host more events in 2010-11 and focus on teen issues.

Cm. Perkins’ motion to accept the report was seconded by Vice Mayor Rowley and passed 3-0.  Cms. Hudson and Livingstone were absent. 

(#10.2) Resolution No. 2010-078 – Approving a Statement of the General Fund Reserve Policy and Reallocation of General Fund Reserves.

Greg Rogers, Administrative Services Director, provided the report.  The City Council adopted a General Fund Reserve Policy in 2004.  The Policy established a Policy goal of a minimum 50% contingency reserve for the General Fund. The City has been able to consistently meet this Policy goal since adoption of the Policy.  Mr. Rogers estimated that the City will have $34 million of unallocated General Fund reserves at June 30, 2010.  Staff recommends that the Council consider a modification to the General Fund Reserve Policy which would match unallocated reserves with major unfunded liabilities.    This modification redefines the Reserve Policy but maintains the City’s practice of maintaining a 50% reserve by including the allocated reserves toward the Policy goal.  City Council action could transfer reserve funds into the General Fund if needed.

Cm. Perkins asked how this change would effect the City’s bond rating.  Mr. Rogers stated that he could not provide an answer at this time as this is a new area for the bond rating agencies.  Mayor Wilson remarked that this is unchartered territory and expressed concern that a decision to change the Reserve Policy is premature.  He is concerned about the City’s Standard and Poor’s rating and believes that the full Council should discuss this item.  Vice Mayor Rowley asked if there were any disadvantages to waiting to make a decision.  Mr. Rogers stated that the reserve amount is listed on the Annual Report.  If a decision is postponed, the City’s June 2010 Financial Statements would reflect the $34 million in reserves.  He expressed concern that the State could look at the City’s Financial Statements and consider additional take-aways similar to what was done with Redevelopment funds.  He noted that a Superior Court judge determined that the State can take funds from cities at will.  Vice Mayor Rowley stated that it was logical to allocate the reserves to the debt fund categories as this provides a more stable approach for the City.  Mayor Wilson stated that this issue is separate from what happened with Redevelopment funds.  Cm. Perkins stated that City funds will be vulnerable if the Council waits to make a decision.  He added that there is no additional risk to the City to allocate the funds in this manner. 

Cm. Perkins’ motion to continue Resolution No. 2010-078 to a future Council meeting was seconded by Vice Mayor Rowley and passed 3-0.  Cms. Hudson and Livingstone were absent.

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CITY MANAGER COMMENTS

City Manager Herb Moniz informed the Council that the Dublin San Ramon Services District (DSRSD) is proposing fee increases in wastewater rates and temporary infrastructure charges.  DSRSD will hold a public workshop on June 29, 2010 to address the proposed increases.

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COUNCILMEMBER REPORTS

Cm. Perkins suggested that the Council meet on June 30, 2010 to address the Reserve Policy.  Vice Mayor Rowley encouraged residents to participate in the City’s Fourth of July events which include Run San Ramon, activities in Central Park, and fireworks sponsored by KKIQ and Shapell Homes.  The Farmers Market will feature a “Kids Day” on July 3, 2010 with special activities for children.

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MAYOR’S REPORTS AND COMMENTS

Mayor Wilson stated that the City is partnering with the San Ramon Chamber of Commerce for events on July 4th and encouraged residents to support the participating nonprofits.    He reminded residents that open flames are prohibited in Central Park.  He asked residents to leave their pets at home if they plan to attend the fireworks.

At 7:44 p.m., there being no further business, Mayor Wilson adjourned the meeting.

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

Approved at the September 14, 2010 City Council meeting 3-0; Hundson and Livingstone abstained.

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