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August 9, 2011

A regular meeting of the City Council of the City of San Ramon was held August 9, 2011 at 7:05 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 Greg Rogers, City Attorney Sheryl Schaffner, Police Chief Scott Holder, Employee Services Division Manager Toni Renault, Planning Services Division Manager Debbie Chamberlain, and City Clerk Patricia Edwards.

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A representative of Boy Scout Troop 815 led those present in the pledge of allegiance.

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The City Clerk noted that there was a request to add an item to the agenda.    City Attorney Sheryl Schaffner requested the addition of a second case to the Closed Session Pursuant to Government Code § 54956.9(b) Conference with Legal Counsel – Anticipated Litigation: One case.  She stated that the item came to her attention after the agenda was posted and that immediate action is required.  She asked the Council for a motion to approve that this item be added to the Closed Session.  Vice Mayor Perkins made the motion which was seconded by Cm. Rowley and passed 5-0. 

The City Clerk noted that there were no changes or additions to the meetings listed on the agenda.

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(#5.1) Presentation on the People to People Student Ambassador Program by Linda Larson, Program Coordinator.

Donna Kerger, resident, provided an introduction to the People to People Student Ambassador Program.  President Dwight D. Eisenhower started the program in 1956.  His intent was to create a cultural exchange program which provided an opportunity for direct interaction between citizens and the world in an effort to promote world peace.  Ms. Kerger introduced Linda Larson who provided more Program information.  Ms. Larson stated that the students were nominated by their principals, teachers, coaches, family, and friends.  In 2011, the students traveled to an Indian reservation in Canada.  In 2012, the Program will be held in Australia.  Mayor Wilson presented each of the students with a certificate recognizing their participation in the Program. 

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(#7.1) Minutes of the July 26, 2011 regular meeting.

Cm. Hudson’s motion to adopt the July 26, 2011 regular City Council minutes was seconded by Cm. Livingstone and passed 4-0.  Vice Mayor Perkins abstained. 

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Mayor Wilson requested that item 8.7 be pulled from the Consent Calendar.

(#8.1) Minute Order No. 2011-17 – Accepting the Work by Green Valley Landscape for the Park Irrigation Booster Pump Installation (CIP 5516) at Red Willow Park and Completion of the Irrigation Booster Pump Connection at Twin Creeks Park as Complete and Authorizing the City Clerk to File a Notice of Completion for the Contractor with the County Recorder's Office.

(#8.2) Minute Order No. 2011-18 – Authorizing Cm. Hudson to Attend the American Public Transportation Association’s Annual Exhibition in New Orleans, LA on October 3-5, 2011.

(#8.3) Resolution No. 2011-087 – Accepting a Certain Offer of Dedication for Storm Drain Easements in Subdivision 3782 Located Near the Intersection of Tareyton Avenue and Davona Drive.

(#8.4) Resolution No. 2011-088 – Accepting a Certain Offer of Dedication for Storm Drain Easements in Subdivision 4650 Located Near Alcosta Boulevard at Alcosta Court.

(#8.5) Resolution No. 2011-089 – Accepting PA 0021 (Mosaic Park, Parcel F of Subdivision 8970) Dedications and Improvements for Maintenance (Shapell Industries).

(#8.6) Resolution No. 2011-090 – Accepting Certain Drainage Dedications and Improvements in DA 0004 (a Portion of the West Branch of Alamo Creek) for Maintenance (Shapell Industries).

 (#8.8) Resolution No. 2011-092 – Authorizing the Mayor to Execute an Agreement with Jordan & Associates for Federal Legislative Services in an Amount Not to Exceed $10,000 for Fiscal Year 2011-2012.

Vice Mayor Perkins’ motion to adopt items 8.1 through 8.6 and item 8.8 was seconded by Cm. Livingstone and passed 5-0. 

(#8.7) Resolution No. 2011-091 – Approving Delegation of Authority to the City Manager for CalPERS Disability Retirement.

Employee Services Division Manager Toni Renault was available for the staff report.  Mayor Wilson noted that this is the first time the City has had to deal with this situation.  There were no questions from the dais.

Cm. Hudson’s motion to adopt item 8.7 was seconded by Cm. Livingstone and passed 5-0.

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(#9.1) Minute Order No. 2011-19 – Reactivating the Open Space and Conservation Advisory Committee as the Open Space Task Force and Adopting the Amended Bylaws.

Debbie Chamberlain, Planning Services Division Manager, provided the report.  On
July 21, 2011 the Policy Committee discussed expanding the Open Space and Conservation Advisory Committee (OSCAC) to include resident(s). Discussion focused on the benefits of maintaining the composition of the existing committee.  The OSCAC is comprised of Planning and Parks and Community Services Commissioners and one Geological Hazard Abatement District (GHAD) Board Member who are up to date on regional planning efforts and changes in State law.  With the infrequency in which the Committee meets, a citizen member may not be as knowledgeable of these issues. After discussion, the Committee did not reach consensus and requested staff to research the selection criteria and term for a citizen member.  At the August 2, 2011 meeting, staff proposed and the Policy Committee recommended that the OSCAC include a citizen member who is not currently serving on any other City Commission or Committee.  The Bylaws were revised to: change the name from OSCAC to the Open Space Task Force; incorporate the General Plan 2030 policies identifying the work of the Committee; provides for a citizen at-large member; and to have the GHAD Liaison serve on the Policy Committee.

Vice Mayor Perkins requested clarification on Section VI A to identify which Commission would appoint the Citizen Member.  He suggested that the Parks Commission be responsible for this task.

Mayor Wilson opened the public comment.

Jim Gibbon, resident, stated his support for reactivation of the OSCAC.  He noted that the Committee will probably not meet frequently and recognized the need for a learning curve by its members.  He requested that the term for the citizen at-large member be two years instead of one year.  He questioned why the by-laws stated that the term would begin on July 1st and asked if this meant 2011 or 2012.  He noted that the GHAD is designated as a funding source but that the GHAD member is a nonvoting member.  He requested that the GHAD member be a voting member.  Ms. Chamberlain stated that the Chairs of the Parks and Planning Commissions typically change on July 1st and that was the reason for selecting that date. 

Mayor Wilson closed the public comment.

Cm. Hudson agreed with the change to a two year term for the citizen at-large member.  Because there will not be many meetings, he questioned what will happen if one of the members moves.  He perceives this group as an information gathering task force and a vehicle for outside interests to bring information to the Task Force.  He noted that funding GHAD is used to maintain GHAD property and will not be available for land acquisitions.  He does not support the suggestion that the GHAD representative be a voting member because the Committees and Council will have the final vote. 

Vice Mayor Perkins asked if there was a term limit.  Ms. Chamberlain responded that they proposed a term length but not a term limit.  Vice Mayor Perkins asked if there was a specific procedure in place if the past Chair is no longer serving on the Commission.  Ms. Chamberlain responded that there is no procedure.   Vice Mayor Perkins suggested that the absence of the Past Chair of the Parks Commission could be filled by the current Chair of the Planning Commission.

Cm. Rowley reviewed the composition of the Task Force and supports a two year term for the Citizen Member.  She noted that it is important to get the Task Force started and not to make the by-laws too complicated.  Cm. Hudson noted that the Task Force composition was established to eliminate a Brown Act violation.  Using the Chair and Past Chair of each Commission provides continuity.  He does not want the Council to create by-laws which micromanage the Task Force.  He added that the Task Force is not an advocacy group for open space.  It is an informed group which will provide information to help the Council conform with the General Plan mandate for open space acquisition and maintenance.

Vice Mayor Perkins’ motion to approve Minute Order No. 19 with a change in the Member At-Large term to two years and specifying the Parks Commission in Section VI was approved by Cm. Hudson and passed 5-0.

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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.

City Manager Greg Rogers 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.  He noted that the legislation established two key deadlines in August.  First, the Redevelopment Agency must adopt a list of all of its Enforceable Obligations.  This is a list of all of the Agency’s outstanding debts from bond issues, agreements, and other contractual financial obligations.  The Agency is required to submit a Statement of Indebtedness to the County Auditor by October 1st.  The list of Enforceable Obligations is due August 28, 2011 and will be based on the Agency’s most recent Statement of Indebtedness.  Second, if the City does not want to become the Successor Agency, the City Council must adopt a resolution to that effect and file it with the County Auditor by September 1, 2011.  Both actions will be addressed at the August 23, 2011 Council meeting. 

Cm. Hudson asked if a special Council meeting is needed to comply with these deadlines.  City Attorney Schaffner responded that the City will know by August 15, 2011 if the Court issues a stay to this legislation.  She added that the August 23, 2011 Council meeting should provide ample time to address this issue.  Cm. Hudson asked what happens if the City does not take action by this date.  Ms. Schaffner stated that staff is working to determine if the City is interested in paying the ‘ransom’ without the guarantee that the Agency can pay back the funds.

Vice Mayor Perkins enumerated several projects which have been completed in the City through the use of Redevelopment funding.  Mayor Wilson stated that the current legislation could bankrupt some California cities.  Cm. Hudson added that since the state did not get the increased sales tax, it is stealing funds from the cities to fund education.  Cm. Rowley noted that if the state wants to take money for the education, it does not make sense for the state to take money from the cities.  She questioned whether the state will actually disburse the funds to the school district.

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

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Mayor Wilson asked the City Manager for the City’s response to the New Farm Project in Tassajara Valley.  City Manager Greg Rogers stated that staff has sent two letters to the Council.  Staff is keeping track of the Project but there are no new developments to report.

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Cm. Rowley reported that she attended a “Welcome Home” celebration for Specialist Damon Ryan Cole.  She congratulated the Police Department for a successful National Night Out event.

Cm. Hudson reported that the August 4, 2011 Contra Costa County Mayors Conference (CCCMC) featured Senator DeSaulnier and Assemblywoman Skinner.  The attendees stressed the need for their representatives to represent the constituents and not their political parties. 

Mayor Wilson announced that Cm. Hudson was named as the CCCMC’s representative to the Association of Bay Area Governments (ABAG).  He congratulated Cm. Hudson on the appointment and emphasized the importance of San Ramon having a representative to ABAG.  Cm. Hudson noted that the Metropolitan Transportation Commission and ABAG are working together on a Sustainable Development Strategy.

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Mayor Wilson encouraged residents to patronize the Thursday and Saturday Farmers Markets.  He invited residents to attend the next “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.  He requested a moment of silence for the thirty Americans and eight Afghanistans who were recently killed.

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

At 8:08 p.m., the Council met in Closed Session to address the Closed Session items.  All Councilmembers were in attendance except Vice Mayor Perkins.

At 9:17 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 either case in item 14.1.

At 9:19 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 23, 2011 City Council meeting 5-0.

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