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June 28, 2011

A regular meeting of the City Council of the City of San Ramon was held June 28, 2011 at 6:17 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.
PRESENT:  Councilmembers Hudson, Livingstone, Perkins, and Mayor Wilson.
ABSENT:  Councilmember Rowley.
STAFF PRESENT:  City Manager Greg Rogers, City Attorney Sheryl Schaffner, Acting Police Chief Joe Gorton, Recreation Coordinator Steve Cox, Engineering Services Director Maria Fierner, Program Manager David Krueger, Recreation Services Division Manager Esther Lucas, Senior Administrative Analyst Steven Spedowfski, Employee Services Division Manager Toni Renault, and City Clerk Patricia Edwards.

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At 6:37 p.m., the Council met in Closed Session pursuant to Government Code § 54957 for City Council to meet with its Labor Negotiators: Eva Phelps, Toni Renault, and Greg Rogers concerning Negotiations with SEIU Local 1021.  The Council also met in Closed Session pursuant to Government Code §54957 to evaluate the position of City Attorney.

At 7:08 p.m. Mayor Wilson reconvened the meeting.  Mayor Wilson and Councilmembers Hudson, Livingstone and Perkins were present.  Mayor Wilson reported that no action was taken on the Closed Session item pursuant to Government Code § 54957 for the City Council to meet with its Labor Negotiators: Eva Phelps, Toni Renault, and Greg Rogers concerning Negotiations with SEIU Local 1021.  Mayor Wilson reported that no action was taken on the Closed Session item pursuant to Government Code §54957 to evaluate the position of City Attorney and that this item would be continued after the regular Council agenda items were completed.

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Engineering Specialist Matt Valenzuela led those present in the pledge of allegiance. 

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The City Clerk noted that there were no changes or additions to the agenda.  The City Clerk noted that the July 5, 2011 Planning Commission meeting has been cancelled.

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(#5.1) Recognition of the City of San Ramon Special Olympic Athletes and Coaches for their Accomplishments at the Northern California Regional Basketball, Bocce, and Swimming Competitions.  Presented by Mayor Wilson.

Recreation Coordinator Steve Cox reported that the San Ramon Parks and Community Services Department, in coordination with the Northern California Special Olympics, trained athletes in several sports and sent teams to the Northern California regional competitions.  The team coaches are volunteers and very dedicated.  Mayor Wilson presented certificates of appreciation to the basketball and bocce coaches.  Mayor Wilson presented certificates recognizing the outstanding performance of the Special Olympics basketball, bocce, and swimming athletes.  Mayor Wilson thanked the coaches, athletes, and the community for supporting Special Olympics. 

(#5.2) Recognition of Sana Sareshwala, Parks and Community Services Commission 2010/11 Student Commissioner.  Presented by Mayor Wilson.

Parks and Community Services Commission Chair Carol Lopez thanked Sana Sareshwala for her leadership and service as the 2010/11 Student Commissioner.  Mayor Wilson presented a plaque and certificate to Ms. Sareshwala and thanked her for her dedication.  Ms. Sareshwala thanked the Council for the recognition and the opportunity to be involved in the San Ramon community.

(#5.3) Proclamation Recognizing Engineering Specialist Matt Valenzuela for his Military Service 2006-2011.  Presented by Mayor Wilson.

Engineering Services Director Maria Fierner introduced Engineering Specialist Matt Valenzuela.  He was hired in 2005 and served five years in the Marine Corps after his enlistment in 2006.  Mayor Wilson presented Mr. Valenzuela with a proclamation recognizing his military service.  Mr. Valenzuela thanked the City for keeping his job available.  He asked residents to keep the servicemen who are still on active duty in their thoughts and prayers.

(#5.4) Recognition of Kay Wang, Chairperson of the Weifang Cultural Exchange Program, for Her Leadership in Bringing the Weifang, China Delegation to the City's 2011 Art & Wind Festival.  Presented by Mayor Wilson.

Mayor Wilson presented Kay Wang with a certificate of recognition and flowers.  Ms. Wang was recognized for her initiative and dedication in bringing the Weifang, China kite delegation to participate in San Ramon’s 2011 Art and Wind Festival.  This event presented an opportunity for a unique cultural exchange.  Ms. Wang thanked the Council for this recognition and expressed appreciation for San Ramon’s support.  She presented Mayor Wilson with several photos of the delegates and a hand painted kite.

(#5.5) Presentation on Hannah Park.  Recognition by Mayor Wilson.

Matt Maresca shared the story of Hannah Park, a six year old San Ramon child, who was killed in a traffic accident on June 1, 2011.  Mrs. Park was seriously injured in the same accident.  Mr. Maresca asked the City to rally and provide financially to a family in need.  Residents who are interested can obtain information at www.lotsahelpinghands.com.  Mayor Wilson encouraged residents to show the Park family that the San Ramon community cares.  He expressed his condolences to the Park family.

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(#7.1) Minutes of the May 24, 2011 regular meeting.

Cm. Hudson’s motion to adopt the May 24, 2011 regular City Council minutes was seconded by Cm. Livingstone and passed 3-0.  Vice Mayor Perkins abstained and Councilmember Rowley was absent.

(#7.2) Minutes of the June 14, 2011 regular meeting.

Due to a lack of quorum, the June 14, 2011 Minutes were continued to the next meeting.

(#7.3) Minutes of the June 18, 2011 special meeting.

Due to a lack of quorum, the June 14, 2011 Minutes were continued to the next meeting.

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(#8.1) Register of Demands as presented by the City Treasurer (Period ending May 31, 2011).

(#8.2) Ordinance No. 427 – Approving the Prezoning (Prezone 11-610-001) of Approximately 88.67 Acres in Gale Ranch Phase 3 as Planned Development (PD) and Public and Semi-Public (PS).

(#8.3) Resolution No. 2011-069 – Authorizing the Mayor to Execute an Agreement with Burr, Pilger, Mayer for Audit Services and the Preparation and Reporting of the Annual State Controller’s Reports for a Two Year Period in an Amount Not to Exceed $105,700.

(#8.4) Resolution No. 2011-070 – Authorizing the Mayor to Enter Into an Agreement with Michael Brandman Associates for Professional Services to Assume the Balance of the Previously Authorized Contract with Cannon Design Group for the Preparation of the North Camino Ramon Specific Plan and Related Environmental Documents.

(#8.5) Resolution No. 2011-071 – Approving the City of San Ramon Measure C Growth Management Program Compliance Checklist for Allocation of Local Street Maintenance and Improvement Funds for Calendar Years 2008 and 2009 in the Amount of $595,000 and Authorizing Staff to Submit the Compliance Checklist to the Contra Costa Transportation Authority.

(#8.6) Resolution No. 2011-072 – Authorizing the Mayor to Execute an Agreement
with Sansei Gardens, Inc. for the Construction of the Bollinger Canyon Road Median Landscaping Project (CIP 5414) in an Amount Not to Exceed $125,000.

(#8.7) Resolution No. 2011-073 – Approving Amendment No. 3 to the City of San Ramon Police Services Employees Memorandum of Understanding.

Vice Mayor Perkins’ motion to adopt items 8.1 through 8.7 was seconded by Cm. Hudson and passed 4-0.  Cm. Rowley was absent.

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(#9.1) Public Hearing:  Resolution No. 2011-074 – Confirming the Landscaping and Lighting District No. 1984-1 District Diagram and Assessments and Levying the Landscaping and Lighting District No. 1984-1 Assessments for Fiscal Year 2011/12.

Program Manager David Krueger provided the staff report and described the Landscaping and Lighting Districts (L&L) history, purpose, and districts within the City.  Resolution No. 2011-030, adopted at the Council’s March 22, 2011 meeting, was the first step required to re-establish the L&L for this year.  The Resolution described new improvements and called for the District Engineer to prepare the Engineer’s Report for Fiscal Year 2011/12.  On May 24, 2011, Resolution No. 2011-057 accepted the Engineer’s Report and the intent to accept the diagram and to levy and collect assessments for Fiscal Year 2011/12 and set a public hearing for June 28, 2011.  After the Council holds the Public Hearing and adopts a resolution confirming the diagram and assessments and levying the assessments, staff will prepare the data base of parcels and the assessments to be submitted to the Assessor’s office for the property tax rolls.

Mayor Wilson opened the Public Hearing.  There was no public comment.  Mayor Wilson closed the Public Hearing.  Mayor Wilson noted that none of the assessment rates for any of the special zones will be increased for Fiscal Year 2011/12

Cm. Hudson’s motion to approve Resolution No. 2011-074 was seconded by Cm. Livingstone and passed 4-0.  Cm. Rowley was absent. 

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(#10.1) Teen Council Annual Report.

Recreation Services Division Manager Esther Lucas introduced Sana Sareshwala, Parks and Community Services Commission 2010/11 Student Commissioner, who provided the report.  Ms. Sareshwala stated that this year’s Teen Council changed its focus from an event based to an advocacy based emphasis.  She provided information on the Council’s three subcommittees: Public Relations, Program, and Community Outreach.  She presented a summary of the Teen Council’s 2010-11 activities and accomplishments and their 2011-12 goals.  The 2010-11 accomplishments included: remaining active in volunteer projects throughout the community; promoting and updating the Teen Council web site; increasing advocacy among teens; hosting events and programs to increase the Teen council’s exposure and engage more teens; and build and retain good communication links with other City committees.

Mayor Wilson wished the members of the Teen Council well in their post high school endeavors.  Vice Mayor Perkins’ motion to accept the report was seconded by Cm. Livingstone and passed 4-0.  Cm. Rowley was absent. 

(#10.2) Resolution No. 2011-075 – Requesting and Consenting to Consolidation of Elections and Setting Specifications of the Election Order.

City Clerk Patricia Edwards presented the report.  This Resolution authorizes the County Clerk’s office to administer the November 8, 2011 Municipal Election in San Ramon and to render specified services to the City relating to the conduct of the election.  The City agrees to compensate the County for expenses incurred in this election.  The Resolution also includes the requirements for the candidate statement, guidelines for the statement, and that the candidate will be responsible for a share of the cost of producing and distributing the voter pamphlet.  If the City Council adopts Resolution No. 2011-075, the City Clerk will forward a certified copy to the Registrar of Voters and the County Board of Supervisors no later than July 1, 2011.

Vice Mayor Perkins questioned the closing time for the polls.  Ms. Edwards stated that the polls are open from 7:00 a.m. to 8:00 p.m.

Cm. Hudson’s motion to adopt Resolution No. 2011-075 was seconded by Cm. Livingstone and passed 4-0.  Cm. Rowley was absent. 

(#10.3) Presentation of the Contra Costa County Hazard Mitigation Plan Update.

Resolution No. 2011-076 – Authorizing the Adoption of the Contra Costa County Hazard Mitigation Plan Update.

Senior Administrative Analyst Steven Spedowfski provided an overview of the Update.  He noted that the General Plan does not need to be modified as it already includes the language needed to satisfy the requirements of California Assembly Bill 2140.  Resolution No. 2011-076 has been revised to include this language.  He introduced Rob Flaner, Hazard Mitigation Plan Program Manager for Tetra Tec, Inc.  Mr. Flaner said that a partnership of local governments worked for 30 months to develop a Plan to comply with the federal mandates of the Disaster Mitigation Act of 2000.  The Act requires state and local governments to develop hazard mitigation plans as a condition for federal grant assistance.  The Plan focuses on Contra Costa County and replaces the previous Association of Bay Area Government regional template.  The Disaster Mitigation Act requires a five year update in order to reassess risks.  He reviewed the planning process and stated that seven natural hazards were identified.  The Planning Partners include 12 cities and 25 special purpose districts.  San Ramon Valley Unified School District elected not to participate.  The Plan identified over 500 risk reduction actions which can be implemented by the 37 planning partners. 

Cm. Hudson asked if the City is out of compliance.  Mr. Flaner stated that San Ramon’s Plan has expired but funds will be available once the Plan process is complete.  Cm. Livingstone requested that Chapter 7 include San Ramon’s current size and population.  Mr. Spedowfski stated that this information will be provided in the final text.  Mayor Wilson expressed concern that the School District is not part of this Plan.  Mr. Spedowfski stated that the District has adopted its own Plan.  Mr. Flaner stated that a procedure is in should the District want to link to this Plan.   

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

Vice Mayor Perkins’ motion to approve Resolution No. 2011-076 as amended was seconded by Cm. Hudson and passed 4-0.  Cm. Rowley was absent. 

(#10.4) Resolution No. 2011-077 – Approving a Suspension of Pay for Performance Salary Adjustment, an Increase in Employee Paid CalPERS Contributions, and an Unpaid Furlough for Unrepresented Employees.

Employee Services Division Manager Toni Renault provided the staff report.  She stated that approval of Resolution No. 2011-077 would: extend the salary adjustment suspension beginning on July 1, 2011 and ending on June 30, 2012; increase the employee contribution to CalPERS from 1% to 2% per payroll; and implement a five (5) day unpaid furlough with the possibility of seven (7) additional days based on the 2011/2012 mid-year budget.  Cm. Hudson noted an error in the Resolution and corrected it to read that “a suspension in salary adjustments was implemented from July 1, 2010 through June 30, 2011”. 

Vice Mayor Perkins’ motion to approve Resolution No. 2011-077 as corrected was seconded by Cm. Hudson and passed 4-0.  Cm. Rowley was absent. 

(#10.5) Resolution No. 2011-078 – Approving the Unilateral Implementation of the City’s Best and Final Offer Made to SEIU Local 1021 During Negotiations for a Successor Memorandum of Understanding.

City Attorney Sheryl Schaffner introduced Jack Hughes, attorney with Liebert Cassidy Whitmore, to present the status report.  He acted as the City’s chief negotiator with SEIU Local 1021.  Mr. Hughes stated that the work product which he tries to deliver is a negotiated contract.  He added that the principal issue between the union and the City is not financial but an operational and work schedule issue.  The final bargaining meeting was held on June 15, 2011.  The City provided its last, best and final proposal to the employees in the bargaining session but it was declined.  The two groups are at an impasse.  He added that the financial terms of the City’s offer are substantially identical to those in Resolution No. 2011-077 with  a few additional issues.  The City provided an opportunity to meet on June 24, 2011 but the Union did not avail itself of the opportunity. 

Mayor Wilson opened the public comment.

Greg Bender, employee and SEIU Local 1021 member, asked why the comprehensive offer made to the City, which is the offer to extend the salary adjustment or merit pay for 2011-2012, was rejected if this is about the money.  Mr. Hughes stated that the City proposed a one year term.  The Union requested a three year term and the suspension of merit pay for the first year only.  Although there is some disagreement between the parties on finances, the main issue is operational.

Thomas Cooney, employee and SEIU Local 1021 member, stated that they offered a 9/8 schedule.  They offered the City cost savings that are one percent higher than the City’s proposal.  He questioned why did the City rejected the Union’s offer if the issue was about money.  Mr. Hughes stated that this relates to the operational issue.  The City feels it needs to work a substantial portion of its maintenance team on days other than week days during the summer months. 

Angela Osayande, representative for SEIU Local 1021, stated that on June 15, 2011 they proposed a 4% cost savings which is equivalent to 2.1 full time employee wages.  The Maintenance Division employees were hired to do skilled labor.  They should not be spending time on weekends emptying trash bins and not attending to other tasks.  She noted that the City could use temporary help to empty trash on the weekend.  She stated that the Union feels there’s room to move and disagrees that the issue is one of an operational need.  She stated that working the weekends is not the issue.  What is unacceptable is requiring the employees to work ten consecutive days, skirting FLSA law, working seven days in a row without overtime pay.  She stated that the employees take pride in their work. She does not believe that the two groups are at an impasse.  She asked that the Council treat Union members fairly, respectfully and with dignity.

Scott Gehring, employee and SEIU Local 1021 member, stated that he has been a resident since 1986.  He believes that the Union offered a comprehensive package and asked why an agreement on scheduling can’t be reached.  He asked if it is that difficult to get together and figure out a schedule.  He does not like working ten days in a row.  If this is required of an employee, they should be compensated.  Mr. Hughes stated that these issues were examined in the negotiating process.  The management perspective and the employee perspective are fundamentally different.  The ten day work schedule can be reexamined after one year.  If the employees are correct and this schedule doesn’t work, the facts will bear this out.  If the schedule does serve the City’s purposes, this issue will be included in the bargaining process.

Bill Hudson, employee and SEIU Local 1021 member, said that he was elected as a negotiator in March but the Council states that they have been negotiating since January.  He does not agree that showing a power point presentation is a bargaining point.  He stated that employees were told at the bargaining table that medical costs were going to increase.  He noted that the Union offered to split the increase in medical costs, which is 10% for Kaiser and 14% for PPO plans, without being asked to by the City because they are aware of the City’s budgetary constraints.  He added that the offer did not include the 1% CalPERS increase.  He indicated that the employees were willing to implement a structural change in the schedule but that they requested one weekend day off.  He stated that the employees did not mind picking up garbage or cleaning bathrooms.  However, the skilled work for which they were hired can’t be done on the weekends from 9:00 to 5:00 when people are using the parks.  He stated that the employees did not say that they didn’t want to pick up garbage or clean bathrooms.  He believes that the Union offered more cost savings package to the City.  Mr.  Hughes responded that, in his experience, San Ramon is striving to minimize the impact of the current economy on the workforce to a greater extent than other cities.  One of the strategies for that is a shorter term labor agreement as opposed to a longer term agreement.  SEIU is offering a little bit more up front and wants to lock the employer in for several years.  This arrangement would shield Union employees from potential additional economic downturn.  He acknowledged that the Union offered additional inducements at the front end but at the back end left the City with merit pay and other risks coming back for subsequent years in the contract.  The City was unwilling to take those risks given the uncertainty of the economy.  The City offered a short-term deal in order to evaluate the budget and the impact on employees. 

Kevin Wenzel, employee and SEIU Local 1021 member, requested to defer his time to Becky Davies but then decided to speak.  He told the Council that he worked Fathers’ Day.  He said that, prior to the ten day schedule, he worked from Sunday to Thursday and overtime if needed.  He stated that he takes great pride in Central Park and the outcome of his duties.  If the scheduling aspect is that the City needs the employees to clean up after citizens, he does not have a problem with that.  The problem is the number of days in a row that employees are requested to do.  He stated that he wants to be off one weekend day to enjoy activities with his family.  He stated that he understood the rational for the new schedule but is concerned about the problem of fatigue and heat.  He believes that the scheduling problem can be easily fixed.  He is willing to work on Sundays but requested that he have Saturdays off.

Mayor Wilson closed the public comment.

Vice Mayor Perkins stated that he listened to the work schedule issue and sympathizes with the employees.  As a member of the Navy Reserve, he worked twelve times a year in a twelve consecutive day work arrangement.  He noted that, although this type of scheduling can pull people down, it is doable.

Mayor Wilson said that it is difficult when there is an impasse or a perceived impasse.  He added that the Council is not asking anything from the Union employees that it is not asking from other City employees.  He added that the Council looked very carefully at the June 15, 2011 offer and decided that the Union’s offer does not meet the City’s fiscal needs and is contrary to the City’s basic operational needs at this time.  The Council has to do everything to protect the residents and staff and to make sure that the quality of life in San Ramon is maintained.    

Cm. Hudson stated that it appears the two groups are at an impasse.  The City has to work within its budget and adopting this Resolution is the solution when the two parties are at an impasse.  He stated that negotiations from the dais do not work.

Vice Mayor Perkins’ motion to approve Resolution No. 2011-078 was seconded by Cm. Hudson and passed 4-0.  Cm. Rowley was absent. 

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Becky Davies, employee, stated that she is proud to be a City employee.  The last time she spoke at a City Council meeting she talked about the department’s new strategic plan. 

She objects to the new work schedule because it requires working seven or eight days in a row to cover the weekends.  She believes that this schedule is not in the best interest of the City or the employees because it will result in tired workers who are more liable to injure themselves which creates a liability for the City.  The employees appreciate the City’s efforts to create a financially sound City.  She stated that it is in the City’s and the maintenance workers’ best interest to return to the previous schedule.  Mayor Wilson thanked her for her comments and noted that they were more appropriately made under item 10.5.

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Vice Mayor Perkins wished everyone a happy Fourth of July.

Cm. Hudson reported that he attended a very interesting Air & Waste Management Association Conference & Exhibition in Orlando, Florida on June 21-24, 2011. 

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Mayor Wilson encouraged residents to patronize the Thursday and Saturday Farmers markets.  He invited residents to participate in the July 4th activities which include an early morning Run/Walk and the Star Spangled Spectacular sponsored by the San Ramon Chamber of Commerce.  There will be activities for the children, food booths, a Business Courtyard, and fireworks.  He recounted an incident in which a City lifeguard saved a toddler who had fallen into the Dougherty Pool.  He thanked staff for an outstanding job and reminded parents to be vigilant with children and pools.

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At 9:07 p.m., the City Council met in Closed Session pursuant to Government Code §54957 to evaluate the position of City Attorney.  Cm. Rowley was absent.

At 9:34 p.m., Mayor Wilson reconvened the meeting.  All Councilmembers were in attendance except Cm. Rowley.  Mayor Wilson reported that the Council (4-0; Rowley absent) authorized the Mayor to negotiate and execute a new contract with the City Attorney to expire March 31, 2013 and to provide a relocation allowance. 

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At 9:36 p.m., there being no further business, Mayor Wilson adjourned the meeting.


H. Abram Wilson, Mayor
Patricia Edwards, City Clerk

Approved as presented at the July 12, 2011 City Council meeting 4-0; Rowley abstain.

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