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July 26, 2011

A regular meeting of the City Council of the City of San Ramon was held July 26, 2011 at 7:29 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.
PRESENT:  Councilmembers Hudson, Livingstone, Rowley, and Mayor Wilson.
ABSENT:  Vice Mayor Perkins.
STAFF PRESENT:  City Manager Greg Rogers, City Attorney Sheryl Schaffner, Police Chief Scott Holder, Economic Development Director Marc Fontes, Interim City Engineer Brian Bornstein, and City Clerk Patricia Edwards.

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City Attorney Sheryl Schaffner 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 there were no changes or additions to the meetings listed on the agenda.

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(#7.1) Minutes of the July 12, 2011 regular meeting.

Cm. Hudson’s motion to adopt the July 12, 2011 regular City Council minutes was seconded by Cm. Rowley and passed 4-0.  Vice Mayor Perkins was absent.  

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Cm. Rowley requested that items 8.4 and 8.5 be pulled.

(#8.1) Register of Demands as presented by the City Treasurer (Period ending June 30, 2011).

(#8.2) City of San Ramon Quarterly Investment Report (Period Ending June 30, 2011).

(#8.3) Minute Order No. 2011-16 – Accepting the Work by Magnum Construction, Inc. for the Parks Restroom Renovation Project (CIP No. 5491) as Complete and Authorizing the City Clerk to File Notice of Completion for the Contractor with the County Recorder's Office.

(#8.6) Resolution No. 2011-083 – Authorizing the Mayor to Execute an Agreement with Maxicrete for the Construction of Forest Home Farms – Parking Lot Drainage Improvement Project (CIP 5502) in an Amount Not to Exceed $76,585.

(#8.7) Resolution No. 2011-084 – Authorizing the Mayor to Execute an Agreement with Traffic Limited, Inc. for Roadway Striping and Stenciling Services in an Annual Amount Not to Exceed $140,000 and a Five-Year Cumulative Agreement Total Not to Exceed $700,000.

(#8.8) Resolution No. 2011-085 – Authorizing the Mayor to Execute an Agreement with H&N Enterprises, Inc. for Weed Abatement Services in an Annual Amount Not to Exceed $143,700 and a Three-Year Cumulative Agreement Total Not to Exceed $435,000.

(#8.9) Resolution No. 2011-086 – Approving the Statement of Investment Policy for Fiscal Year 2011-2012.

Cm. Livingstone’s motion to adopt items 8.1 through 8.3 and items 8.6 through 8.9 was seconded by Cm. Hudson and passed 4-0.  Vice Mayor Perkins was absent. 

(#8.4) Resolution No. 2011-081 – Authorizing the Application for, and the Execution of, a Standard Agreement and any Amendments Thereto, and any Other Documents Necessary to Secure a Housing Related Parks Grant from the State of California Department of Housing and Community Development for the Renovation of the Athan Downs Playground.

Economic Development Director Marc Fontes provided the report. This is an opportunity to apply for state grant funding based on the City’s performance in generating affordable housing units.  In order to participate in the grant application process, the City must meet several eligibility threshold requirements including having an adopted Housing Element that is in State compliance; submittal of an Annual Housing Element Progress Report; evidence of a 2010 documented housing start (foundation inspection) on an eligible affordable housing project; and qualify for a baseline minimum grant amount of $75,000. 

If fully funded, the City of San Ramon could be eligible for up to $143,250.  While matching funds are not required for the grant, additional City funding may be needed in order to complete the Athan Downs project based on the final amount of the grant award and the full cost of the playground project.  A source of funds would be the East Bay Regional Park District Measure WW funding or the Park Development Fund.  Awarded grant funds must be used to fund the creation and/or renovation of a community park.  The Public Services Department has identified the use of these funds for the renovation of Athan Downs playground equipment.  The Parks and Community Services Commission discussed the use of these grant funds for the Athan Downs playground renovation project at their July 13, 2011 meeting.

Cm. Rowley stated that she attended the Parks Commission meeting which included a presentation on playground equipment designed for special needs children.  Cm. Hudson noted that he was impressed with the funding source.  Using Measure WW funds for this project would be a good return on the investment to maintain parks.

Cm. Hudson’s motion to adopt item 8.4 was seconded by Cm. Rowley and passed 4-0.  Vice Mayor Perkins was absent. 

(#8.5) Resolution No. 2011-082 – Authorizing the Mayor to Execute a Cooperative Agreement Between the State of California and the City of San Ramon for the Improvements to the Bollinger Canyon Road/I-680 Northbound Off-Ramp Project (CIP 5323 and CIP 5324).

Interim City Engineer Brian Bornstein presented the report.  Since Caltrans’ current I-680 Roadway Rehabilitation Project includes pavement resurfacing at the off-ramp, staff pursued the opportunity to coordinate the Caltrans’ project with the City’s project to construct one additional right turn lane on the Bollinger Canyon Road/I-680 northbound off-ramp.  This will satisfy General Plan build out, the expansion of Dougherty Valley, and the future City Center. 

Staff is requesting a cooperative agreement between the state (Caltrans) and the City regarding the Bollinger Canyon improvements specifically the northbound off ramp.  This Agreement would outline the obligations of each party. In order to accomplish this joint effort, the off-ramp improvements would be completed by the Caltrans I-680 Roadway Restoration Project contractor through a contract change order.  If the bid is too high, the City will use an alternate contractor.  Working together enables the City to minimize impact to traffic, save costs, and ensure that the improvements proposed for either project will not be removed or damaged when the other project commences.  Caltrans is expected to start work on the off ramp in late August/September.

Cm. Hudson asked if staff expects high bids which would exceed the Engineer’s Estimate.  Mr. Bornstein responded that staff is including the possibility that change orders to the existing contract may be high.  He noted that Caltrans is the lead agent for this project.  The cooperative agreement is the mechanism between the City and State to get the work done.  Mayor Wilson stated that if the bids are high, San Ramon has the option to pursue local control.   

As a result of a resident’s concern, Mayor Wilson asked Mr. Bornstein to check into the adequacy of safety signage at night for the ramp on Bollinger Road and I-680 during the current road repaving project.  Mr. Bornstein replied that he will look into the issue.

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

Cm. Rowley’s motion to adopt item 8.5 was seconded by Cm. Hudson and passed 4-0.  Vice Mayor Perkins was absent. 

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(#10.1) Informational Update on Potential Impacts of State Adopted AB X1 26 and AB X1 27 on San Ramon Redevelopment Agency Operations and the City of San Ramon.

Economic Development Director Marc Fontes provided the report.  The California Redevelopment Association (CRA) and the League of California Cities filed a lawsuit on July 18, 2011 asking the California Supreme Court to overturn AB 1X 26 and AB 1X 27 because they violate the State’s Constitution.  The CRA and the League requested that the Court issue a stay by August15, 2011 to prevent the legislation from going into effect.

Mr. Fontes stated that State lawmakers have added a “poison pill” that will prevent remaining redevelopment agencies from creating any future funding from bonded indebtedness.  Provisions within the two bills state that, even if the California Supreme Court rules that the bills are unconstitutional, redevelopment agencies are no longer able to sell debt to raise project funding. 

Based upon the CRA calculations, under AB X1 27, San Ramon will be required to contribute an estimated $2 million in 2011-12 and approximately $.5 million in following years.  Staff will continue to monitor the lawsuit, and to seek advice on possible alternative scenarios concerning the requirements of AB 1X 26 and 27. Updates will continue to be provided to the Council.

Cm. Hudson asked if the City can afford the payments if the CRA does not win the lawsuit.  He asked how the City will make the payments and what alternatives the City has if it loses the lawsuit.  Mayor Wilson stated that the City will protect the residents and that the state is using RDA as an ATM.

Cm. Rowley’s motion to accept the report was seconded by Cm. Hudson and passed 4-0.  Vice Mayor Perkins was absent. 

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City Manager Greg Rogers reported that the demolition of the bank building located at 9000 Alcosta Boulevard will begin on July 27, 2011 and be completed in August.  The actual building demolition is tentatively scheduled for August 8, 2011.  Mayor Wilson noted that the removal of this building will eliminate blight in the area and increase the neighborhood’s property values.  This project was funded with Redevelopment monies. 

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Cm. Hudson reported that the fourth bore of the Caldecott Tunnel is approximately 80% complete.  The City has applied for a $472,000 Safe Routes to School Grant.  He reported on a joint effort between the San Ramon Valley School District.  As a member of the Mobile Source Subcommittee of the Bay Area Air Quality Management District, Cm. Hudson was able to inform the District that the grant protocol had changed from replacement to retrofit funds.  Cm. Hudson that BART is working with the Livermore community to comply with the residents request to keep BART on Highway 580.  He reported that BART is currently doing a study to extend routes to the east in phases.  He noted that Alameda County is considering reauthorizing its one-half cent sales tax.  He will provide updates when available. 

Cm. Rowley invited residents to attend an Old Fashioned Ice Cream Social at Forest Home Farms on August 13, 2011.  She reported that she attended a performance by the “Song Girls” at California High School on July 21, 2011.  She congratulated Mayor Wilson on his first grandchild, Marlo Renee Wilson.  She thanked staff for presenting a very informative “City Hall Comes to You” session on July 25, 2011 at the Dougherty Station Community Center.

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Mayor Wilson encouraged residents to patronize the Thursday and Saturday Farmers Markets.  He announced that the Nomination Period for the November 8, 2011 Municipal Election is July 18, to August 12, 2011.  He invited residents to attend the next two “City Hall Comes to You” sessions.  One will be held on August 11, 2011 at the Alcosta Senior and Community Center.  The last one will be held on August 22, 2011 at the San Ramon Community Center.  The Public Services Department invites residents to attend an Open House at their facility at 5000 Crow Canyon Road on August 8, 2011.    

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(#14.1) Pursuant to Government Code § 54956.9(b) Conference with Legal Counsel – Anticipated Litigation: One case.

(#14.2) Pursuant to Government Code § 54956.8 – For City Council to meet with its Real Property Negotiators Karen NcNamara and Greg Rogers Regarding APN: 222-270-011.

At 8:04 p.m., the Council met in Closed Session to address the two Closed Session items.  Vice Mayor Perkins was absent. 

At 9:25 p.m., Mayor Wilson reconvened the meeting.  All Councilmembers except Vice Mayor Perkins were in attendance.  Mayor Wilson reported that the Council did not take action on items 14.1 or item 14.2.

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At 9:26 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 August 9, 2011 City Council meeting 4-0; Perkins abstain.

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