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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

January 11, 2011

A regular meeting of the City Council of the City of San Ramon was held January 11, 2011 at 6:25 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, City Attorney Sheryl Schaffner, Police Chief Scott Holder, Economic Development Director Marc Fontes, Associate Engineer Chris Low, Administrative Services Director Greg Rogers, and City Clerk Patricia Edwards.

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CLOSED SESSION

PURSUANT TO GOVERNMENT CODE § 54956.9(a) – Conference with Legal Counsel – Existing litigation - United States v. J-M Manufacturing Co. (U.S. Dist. Ct., Central Dist., No. ED CK-06-0055-GW).

PURSUANT TO GOVERNMENT CODE § 54956.8 – For City Council to Meet With its Real Property Negotiator Herb Moniz Regarding APN: 222-270-011.

At 6:25 p.m., the Council met in Closed Session pursuant to: (1) Government Code § 54956.9(a) – Conference with Legal Counsel – Existing litigation - United States v. J-M Manufacturing Co. (U.S. Dist. Ct., Central Dist., No. ED CK-06-0055-GW); and (2) pursuant to Government Code § 54956.8 – For City Council to Meet With its Real Property Negotiator Herb Moniz Regarding APN: 222-270-011.

At 7:21 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(a) – Conference with Legal Counsel – Existing litigation - United States v. J-M Manufacturing Co. (U.S. Dist. Ct., Central Dist., No. ED CK-06-0055-GW) and directed staff to proceed with participating in the litigation.   Mayor Wilson reported that no action was taken when the Council met pursuant to Government Code § 54956.8 – For City Council to Meet With its Real Property Negotiator Herb Moniz Regarding APN: 222-270-011. 

PLEDGE OF ALLEGIANCE

Cub Scouts Pack 814 from Neil Armstrong Elementary School led those present in the pledge of allegiance.  Participants were Cub Scouts Jack Dawson, Cherag Keswani, Raymond Metzger, Nate Ornowski, Zayd Siddiqui, Carter Sims, and Noah Sulzberg. 

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ANNOUNCEMENTS

Mayor Wilson requested that Agenda Item #6 - Public Comment be heard after Agenda Item #11.1 – City Manager Comments.  There were no objections from the Council.  Mayor Wilson announced that the Redevelopment Agency meeting would be held after the City council meeting.

The City Clerk noted that there were no other changes or additions to the agenda.    The City Clerk noted that the Finance Committee meeting scheduled for January 19, 2011 has been rescheduled to January 25, 2011.

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SPECIAL PRESENTATIONS

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CITY COUNCIL APPOINTMENTS

(#5.1) Economic Development Advisory Committee Appointments.

The City Clerk provided direction to the Council and distributed ballots for the Economic Development Advisory Committee (EDAC) appointments.  After the Council voted, the City Clerk and the Economic Development Director Marc Fontes tabulated the ballots.  The City Clerk announced that Louis Dagen, Richard Domanski, Jason Gong, and Greg Lonie received sufficient votes to be appointed to EDAC.

Cm. Hudson’s motion to appoint Louis Dagen, Richard Domanski, Jason Gong, and Greg Lonie to EDAC for terms expiring January 2013 was seconded by Cm. Livingstone and passed 5-0.  Mayor Wilson thanked all of the applicants for their interest.

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PUBLIC COMMENT

Public Comment deferred until after City Manager Comments.

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APPROVAL OF MINUTES

(#7.1) Minutes of the December 14, 2010 regular meeting.

Cm. Rowley’s motion to approve the December 14, 2010 regular City Council meeting minutes as corrected was seconded by Cm. Hudson and passed 5-0. 

(#7.2) Minutes of the December 20, 2010 special meeting.

Vice Mayor Perkins’ motion to approve the December 20, 2010 special City Council meeting minutes was seconded by Cm. Livingstone and passed 5-0 4-0-1 Perkins abstained.

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CONSENT CALENDAR

Jim Gibbon, resident, requested that item 8.2 be pulled.

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

(#8.3) Resolution No. 2011-002 – Accepting Certain Landscape Dedications and Landscape Improvements in RA 1200 (Ivy Hill Way and a Portion of Japonica Way) for Maintenance (Windemere BLC, Land Development Company, LLC).

(#8.4) Resolution No. 2011-003 – Accepting Certain Roadway and Storm Drain Dedications and Improvements in RA 1200 (Ivy Hill Way and a Portion of Japonica Way) for Maintenance (Windemere BLC, Land Development Company, LLC).

(#8.5) Resolution No. 2011-004 – Accepting Certain Landscape Dedications and
Certain Landscape Improvements within a Portion of Parcel A and Parcels B and C of Subdivision 9020; Parcels A, B, and C of Subdivision 9021; and Parcels A and B of Subdivision 9023, Installed as Part of RA 1200 (Ivy Hill Way and a Portion of Japonica Way), for Maintenance (Windemere BLC, Land Development Company, LLC).

(#8.6) Resolution No. 2011-005 – Demonstrating the City of San Ramon’s Support
of the Federal Legislative Funding Priorities for the Tri-Valley Region for Federal Fiscal Year 2012.

(#8.7A) Resolution No. 2011-006 – Approving the 2011 City Council Liaison Appointments to the Area Wide and State Wide Committees, City Committees, Council Committees, and Other Agencies.

(#8.7B) Resolution No. 2011-007 – Approving the 2011 City Council Appointments to the Central Contra Costa Transit Authority.

(#8.7C) Resolution No. 2011-008 – Approving the 2011 City Council Appointments to the Southwest Area Transportation Committee.

(#8.7D) Resolution No. 2011-009 – Approving the 2011 City Council Appointments to the Tri-Valley Transportation Council.

Vice Mayor Perkins’ motion to adopt items 8.1 and 8.3 through 8.7 was seconded by Cm. Hudson and passed 5-0. 

(#8.2) Resolution No. 2011-001 – Approving the Final Map for Subdivision 9248 (Fairway Village) located at 9200 Alcosta Boulevard (KMF Contra Costa, LLC.).

Mayor Wilson requested a staff report.  Associate Engineer Chris Low provided the report.  Staff reviewed the final map for 9200 Alcosta Boulevard and determined that it is in substantial conformance with the approved vesting tentative map.  Approval of this map by the City Council is deemed to be a ministerial action.  Vice Mayor Perkins asked if the property is located in the Redevelopment area.  Mr. Low responded that it is.  Cm. Rowley noted that the units will be converted to condominiums.  Cm. Hudson asked if there were any outstanding issues when the Tentative Map was approved two years ago.  Mr. Low responded that he was not aware of any issues. 

Mayor Wilson opened the public comment.

Jim Gibbon, resident, questioned the Council’s authority to approve the final map for this subdivision.  He asked if the owners were notified.  He questioned what happens to the 100 people who live there.  He requested a public hearing to obtain input from the residents regarding their circumstances.  He asked what impact this conversion will have on San Ramon’s apartment stock.  He noted that the City is not requiring a sound study.  Mayor Wilson asked Mr. Gibbon if his statements were accurate.  Mr. Gibbon remarked that only the City and developer would benefit from this project.  Cm. Hudson noted that this project also was reviewed by the Redevelopment Agency.  He stated that these are very old buildings which need to be refurbished.  He added that this is not a senior community and that the building owner will deal with leasing and buying.  The Council’s action is a ministerial one to complete the process.  Vice Mayor Perkins noted that the Reflections complex in San Ramon was an apartment to condominium conversion project.  He added that thousands of apartments were added in Dougherty Valley.  The Valley Vista senior housing project is expected to be completed by May 2011 and will provide housing for low and very low income seniors.  Cm. Rowley stated that she visited the apartments and that they are in need of repair.  She added that the 60 individual condominium units created will accommodate the needs of the community.  Mayor Wilson noted that San Ramon is working on increasing its housing stock.

Cm. Hudson’s motion to approve item 8.2 was seconded by Vice Mayor Perkins and passed 5-0. 

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UNFINISHED BUSINESS

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NEW BUSINESS

(#10.1) Annual Audit Report for the City of San Ramon and San Ramon Redevelopment Agency for the Fiscal Year Ended June 30, 2010.

Administrative Services Director Greg Rogers stated the annual audit is required by the State.  He introduced Jim Babcock, partner with Mayer Hoffman McCann P.C., who presented the report.

Mr. Babcock thanked City staff for their professionalism and cooperation.  He reviewed the audit procedures.    He reported that the City received a clean opinion for 2009-10 with no exceptions.  He noted that the City’s overall financial health is very positive.  City assets exceeded liabilities by $453 million.  The unrestricted net assets are approximately $95 million.  There was a net profit in 2009-10 of $23 million in fixed assets.  There is $356 million in hard, fixed assets.  He applauded the City’s management decision to earmark funds from the General Fund to designated special funds to protect the General Fund reserves from State raids.  Mayor Wilson asked if other cities were taking similar safeguards.  Mr. Babcock stated other cities are using the same strategy but he was not sure what action the State may be able to take.       

Cm. Hudson questioned the data provided on the Assessed Value and Estimated Actual of Taxable Property.  Mr. Rogers noted that this is statistical information compiled by staff for fiscal year 2009-10.  Vice Mayor Perkins clarified that all of the data are through June 30, 2010.  He thanked Mr. Babcock for his work.  He noted that the Council takes the audit report seriously.  Mayor Wilson thanked Cm. Livingstone for his participation on the Finance Committee.

Vice Mayor Perkins’ motion to accept the audit report was seconded by Cm. Hudson and passed 5-0.

(#10.2) Report to City Council on Findings of State of California Commission on Peace Officer Standards and Training (POST) Comprehensive Management Study with Recommendations to Increase the Efficiency of Police Services.

Police Chief Scott Holder provided the report.  The California Commission on Peace Officer Standards and Training (POST) completed a comprehensive Management Study of the San Ramon Police Services.  The Study described San Ramon as a “model worth viewing in the area of contemporary law enforcement, volunteer programs, and community oriented policing.”  The Study analyzed the Patrol Workload, Management Operations, Police Facility, and Overall Operations.  The Overall Operations analysis included the areas of staffing, overtime, scheduling, and succession planning.  The Department received high marks in many areas.  Areas for improvement included Patrol Workload, Command/ Management Staffing, and Police Facility.  The Facility issue will be resolved with the new police department building which will incorporate the POST recommendations.  Chief Holder stated that the Department has completed analyses for Succession Planning, Patrol Beats , Staffing, Overtime, and Patrol Scheduling.  He presented the Department’s recommendations to improve these areas.       

Vice Mayor Perkins asked if there will be geographical changes in the beat analysis. 

Chief Holder responded that the beat size and the number of service calls are determining factors.  Mayor Wilson noted that San Ramon participates in mutual aid with neighboring cities which can result in large overtime expenditures.  Vice Mayor Perkins requested a follow-up report in 1-2 months.  Cm. Hudson expressed concern regarding the number of  police staff relative to the City’s increasing population.  He is not sure that the proposed solution is sufficient.  City Manager Herb Moniz noted that corrections can be made in the Mid-Year Budget so that the proposed plan can proceed.  Other recommendations can be included in the 2011-12 Budget.  Cm. Rowley complimented Chief Holder for working with staff to develop the action plan.  The Police Department currently has a chief, one captain, two lieutenants, nine sergeants, ten corporals, and 35 officers.  The POST Study recommended changing the staffing to five lieutenants, nine corporals and 33 officers.  Chief Holder noted that this action plan will solve many of the POST recommendations in a financially reasonable manner.  Mayor Wilson stated that the Finance Committee will work with Chief Holder as needed.

Vice Mayor Perkins’ motion to accept the report and direct staff to make the recommendations presented in the report was seconded by Cm. Livingstone and passed 5-0.

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CITY MANAGER COMMENTS

City Manager Herb Moniz reported that an all hands meeting was held on January 11, 2011.  He advised City employees of the financial condition of the City and State and the challenges for the 2011-12 Budget.  The Budget preparation will include: extending the salary and hiring freeze; considering furlough days; increasing employee contributions to retirement; introducing a second tier retirement plan for new hires; and a selective retirement incentive and other staff options.  He will be meeting soon with represented employee groups.  He stated that the staff reaction was one of cooperation.  Mayor Wilson noted that staff appreciates the City’s transparency.

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PUBLIC COMMENT

Roz Rogoff, resident, stated that she attended the Chamber’s luncheon for the Mayor’s State of the City.  She noted that one issue is that residents resent that the State of the City address is only presented at the Chamber luncheon and requires that people pay to attend this event.  She requested that the Chamber have the State of the City address taped by TV 30 and that the video be available in City offices for viewing.  She asked Mayor Wilson to present the State of the City address to the public at the San Ramon Community Center and the Dougherty Station Community Center so that residents could ask questions.  Mayor Wilson stated that he is working with the Chamber to provide an area for those who wish to attend the event without purchasing lunch.  He thanked Ms. Rogoff for persuading the Chamber to have TV 30 tape the speech.

Jim Gibbon, resident representing San Ramon for Open Government, stated his objections to having Public Comment moved to the end of the Council agenda.  He feels that having the Public Comment at the end of the meeting is more reclusive.  Mayor Wilson stated that the change was made in response to residents’ comments requesting Public Comment later in the agenda.  The change was made to better serve residents.  Mr. Gibbon asked the Council to track resident participation.  He noted that some speakers will not wait to the end of the meeting and suggested that the Council rethink this change.

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COUNCILMEMBER REPORTS

Cm. Hudson stated that he does not see a problem changing the Public Comment to later in the agenda.  This allows the Council an opportunity to respond to questions or issues raised in Public Comment.  He noted that the Council can take no action on either Public Comment or Council Comments.  He noted that other Boards organize their agendas with Public Comment at the end and suggested that the Council try it.

Cm. Rowley noted that, in the previous format, when questions were raised under Public Comment, the Council could not respond.  She suggested that the Council try this as a compromise.  She invited the public to the San Ramon Historic Foundation’s Annual Crab Feed on January 29, 2011 at the Dougherty Station Community Center.  Tickets cost $40 per person.  She reported that the City Manager was recognized for his service to the City after the State of the City.  She complimented Mayor Wilson on a job well done with the State of the City address.

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MAYOR’S REPORTS AND COMMENTS

Mayor Wilson invited residents to attend programs at the Dougherty Valley Performing Arts Center which include Al Jarreau, America, and The Music Man.

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At 9:12 p.m., there being no further business, Mayor Wilson adjourned the meeting.

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

Approved as corrected at the January 25, 2011 City Council meeting 5-0.

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