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May 8, 2012

A regular meeting of the City Council of the City of San Ramon was held May 8, 2012 at 6:01 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Clarkson presiding. 
PRESENT:  Councilmembers Hudson, Livingstone, O’Loane, Perkins, and Mayor Clarkson.
STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, Police Lieutenant Dan Pratt, Economic Development Director Marc Fontes, Transportation Analyst Darlene Amaral, Special Projects Manager Pat Perry, Engineering Services Director Maria Fierner, and City Clerk Patricia Edwards.

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(#1.1) Pursuant to Government Code §54957 to evaluate the Position of City Manager.

(#1.2) Pursuant to Government Code §54957 to meet with the City Council’s Labor Negotiators: Marc Fontes, Eva Phelps, Toni Renault, and Greg Rogers concerning Negotiations with SEIU Local 1021.

At 6:02 p.m., the Council convened to Closed Session.  At 7:03 p.m., Mayor Clarkson reconvened the meeting.  All Councilmembers were present.  For item 1.1, Mayor Clarkson reported that the City Council completed the evaluation of the City Manager.  Mayor Clarkson reported that the City Council took no action on item 1.2.

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Jasmine Aggarwal, Shreya Balasubramanian, Macey Dowd, Macy Matheny, Reese McKenzie, Jordan Mitchel, and Kareena Naran, members of Brownie Troop 32673 led those present in the pledge of allegiance.   

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

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(#4.1) Recognition of Outgoing Economic Development Advisory Committee Member Chad Johnson by Marc Fontes, Economic Development Director.

Economic Development Director Marc Fontes thanked Chad Johnson for his leadership role and service on the Economic Development Advisory Committee (EDAC).  Mayor Clarkson presented Mr. Johnson with a proclamation.  Mr. Johnson thanked the Council for the opportunity to be on EDAC and added that he was proud to serve the City.

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Mayor Clarkson opened the public comment. 

Donna Kerger, resident and Chair of the Planning Commission, thanked Chad Johnson for his leadership and work on EDAC.  She stated that EDAC provides valuable input to the Planning Commission. 

Roz Rogoff, resident, expressed her frustration with the lack of community support for SB 1337 which was pulled by Senator DeSaulnier.  SB 1337 would have removed Zone 7 from the Alameda County Flood Control and Water Conservation District and established a separate Zone 7 Water Agency.  This action would have enabled Contra Costa County residents to vote for or serve on the Zone 7 Board.

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(#6.1) Transportation Demand Management Advisory Committee Appointment.

Transportation Analyst Darlene Amaral provided the report. Cm. Hudson’s motion to appoint Marlisa Valdez-Zamora to a term expiring in January 2014 was seconded by Vice Mayor Livingstone and passed 5-0.

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(#7.1) Minutes of the March 27, 2012 regular meeting.

Cm. Hudson’s motion to adopt the March 27, 2012 regular City Council minutes was seconded by Cm. O’Loane and passed 5-0.

(#7.2) Minutes of the April 24, 2012 regular meeting.

Cm. Perkins’ motion to adopt the April 24, 2012 regular City Council minutes was seconded by Vice Mayor Livingstone and passed 5-0.

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Cm. Perkins requested that item 8.9 be pulled for a separate vote.

(#8.1) Minute Order No. 2012-016 – Authorizing the Mayor to Approve the Expenditure for the Purchase of Three GMC Trucks with Dublin GMC in the Amount of $91,878 and Approve the Surplus at Auction of Six Trucks that Have Exceeded Their Useful Life.

(#8.2) Resolution No. 2012-041 – Adopting Findings to Appropriate Funds in the City’s Beautification, Conditions of Approval Mitigation, Creek Mitigation, Drainage Mitigation, Park Development, and Traffic Improvement Funds for the Period Ending June 30, 2011.

(#8.3) Resolution No.2012-042 – Appropriating $50,000 from the Stormwater Reserve Fund for Analysis of Culvert Repair Options as Part of the Citywide Drainage Infrastructure Repair Project (CIP 5548).

(#8.4) Resolution No. 2012-043 – Accepting Certain Drainage Dedications and Improvements in DA 0028 (Water Quality Pond 11) for Maintenance (Windemere BLC Land Development Company, LLC).

(#8.5) Resolution No. 2012-044 – Accepting Certain Drainage Dedications and Improvements in DA 0048 (Water Quality Pond 14) for Maintenance (Windemere BLC Land Development Company, LLC).

(#8.6) Resolution No. 2012-045 – Accepting Certain Drainage Dedications and Improvements in DA 0050 (Water Quality Pond 2) for Maintenance (Windemere BLC Land Development Company, LLC).

(#8.7) Resolution No. 2012-046 – Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with California Diesel and Power to Include Replacement of the City Hall Generator in an Amount Not to Exceed $50,000 and a Cumulative Five Year Agreement Amount Not to Exceed $250,000 and Appropriate $50,000 from the Equipment Replacement Fund to the Public Services Fiscal Year 2012/13 Budget for Capital Equipment Replacement.

(#8.8) Resolution No. 2010-047 – Authorizing  the  Mayor to Execute Amendment No. 1 to the Agreement with AirMaze Services, Inc. for Heating, Ventilation, and Air Conditioning Services for 2401 Crow Canyon Road in a Total Annual Amount Not to Exceed $100,000 and a Cumulative Five-Year Agreement Amount Not to Exceed $450,000.

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

(#8.9) Minute Order No. 2012-017 – Authorizing the Mayor to Attend the National League of Cities 2012 Congress and Exposition in Boston, MA on November 28 – December 1, 2012.

Cm. Perkins’ motion to adopt item 8.9 was seconded by Vice Mayor Livingstone and passed 4-0-0-1.  Mayor Clarkson abstained.

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(#9.1) Public Hearing: Resolution No. 2012-049 – Establishing Fees and Charges for Various Municipal Services for Fiscal Year 2012-13 and Repealing Resolution No. 2011-047.

Special Projects Manager Pat Perry provided the report.  On March 26, 2012, the Finance Committee reviewed the proposed fees and charges and directed staff to forward the document to the City Council for consideration.  The City Council approved a motion on April 10, 2012 to schedule a Public Hearing on May 8, 2012 to consider approving the fee schedule.  The City Clerk stated that no inquiries were received regarding the fee schedule.  The Parks Commission reviewed their charges and had no comments.  Ms. Perry noted that there are minimal fees increases resulting from the January construction costs released in January.  If approved, the fees will be effective as of July 1, 2012. 

Mayor Clarkson opened the public hearing.  There were no requests to address this item.  Mayor Clarkson closed the public hearing.

Cm. Perkin’s motion to adopt Resolution No. 2012-049 was seconded by Vice Mayor Livingstone and passed 5-0.

(#9.2) Public Hearing: Ordinance No. (next in line) – Pertaining to Curfew for Minors; Adopting Sections B7-231 Through B7-237, to Chapter XI, of Division B7, Public Peace, Morals and Welfare, of the Municipal Code of the City of San Ramon.

Police Lt. Dan Pratt provided the report and clarified the purpose of the Ordinance.  The City has a nighttime curfew ordinance.  This Ordinance will enhance and add a daytime component.  The Ordinance clarifies: the official action to be taken once a truant is identified; indicates what behavior is acceptable; what constitutes truancy; and provides a remedy to encourage parental involvement if a chronic truant is identified.  It lists which behaviors are excluded from the definition of truancy.  He reviewed the fines provided in the Ordinance.  Lt. Pratt stated that he did not anticipate a noticeable difference of police activities as a result of implementation of the Ordinance.

Cm. Perkins asked for information on the twelve truancy exceptions in the Ordinance.  Lt. Pratt clarified these exceptions.  Cm. Perkins asked if the Police Department conducts ‘sweeps’ for truants during normal operations.  Lt. Pratt stated that the Police Department does not go out to specifically look for truants.  He added that the School District reports a 96% attendance rate.  Truancy is not a significant problem in San Ramon. 

Mayor Clarkson opened the public hearing.

Erika Porter, resident, expressed her concern that, children attending private school or those who are home schooled, would be fearful to be outside and approached by a police officer.  She does not feel that there needs to be another regulation.

Tony Yeh, Danville resident, stated that the School District does not have a truancy problem.  The proposed Ordinance does not bring additional value to the City.  It is burdensome and removes additional civil liberties for the people it is intended to serve.

Mayor Clarkson closed the public hearing. 

Cm. Perkins made a motion to continue the Ordinance to the May 22, 2012 Council meeting.  He stated that the School District is considering this item.  It would be awkward for the City to pass an Ordinance which might be contrary to what is beneficial to the School District.  He wants to consider the School District’s input.  Cm. Hudson seconded the motion.  He added that absenteeism is very costly for the District.  The District Attorney stated that Contra Costa County has a truancy rate above the state average in 2010-2011.  He prefers to err in the direction of safety and remarked that the Ordinance goes in the right direction.  Cm. Perkins stated that he spoke with Scott Gerbert.  For the School District, this Ordinance provides an option for enforcement of penalties for families with a chronic truancy problem who are unresponsive to counseling.  This option may break the cycle of truancy and nongraduation. 

Vice Mayor Livingstone remarked that 30 students at California High School have already missed more than 50% of the school year.  This Ordinance addresses a necessary issue.  He is interested in the School Board’s comments.  Cm. O’Loane is concerned with the relevancy of the statistics cited by the District Attorney to the San Ramon.  He wants information from the School District on the statistics and issues in San Ramon.   

Mayor Clarkson stated that he does not want to rush the process.  Residents should be fully informed and provide their opinion.  It is important to hear from the School District so that the City and the District will be good communication partners.  He suggested that additional conversations include the Town of Danville so that there is a consistent policy for students.  Mayor Clarkson requested a vote on the motion.  The motion passed 5-0.

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(#10.1) Request from Tri-Valley Community Television to Fund Expenses for Fiscal Year 2012-13 in the Amount of $97,602 for Operations and $33,924 for Capital Funding.

Marc Fontes, Economic Development Director, provided the report.  Due to the Digital Infrastructure and Video Competition Act of 2006 (DIVCA), the funding formula for Tri-Valley Community Television (TV30) changed dramatically.  As a result of DIVCA, the public, educational, and government (PEG) channel support fees collected are only available for capital expenditures and not operating costs.  The $97,602 for operating costs requested by TV30 must now come from the General Fund.  If the Council decides not to fund the TV30 request, the City could assume this function.  Cm. Perkins asked if the $97,602 is included in the 2012-13 City budget.  Mr. Fontes responded that it is not.  Cm. Perkins asked if the funding for taping the Council meetings is included in the City budget.  Mr. Fontes responded that it is. 

Mayor Clarkson opened the public comment.

Melissa Tench-Stevens, Executive Director of TV30, stated that TV30 will remain a viable option for information for the tri-valley residents regardless of the Council’s decision.  She summarized the programs currently provided by TV30 and noted that TV30 provides cost effective programming.  TV30 currently broadcasts to over 304,000 people via cable or the internet.  TV30 has a multi-year City subsidy reduction plan in place.  TV30’s goal is for their operations to be self sufficient and to reimburse the monies from the General Fund needed to make this transition.  They are also actively working on legislation to overturn the funding problems created by DIVCA.  She noted that the staff report does not include information regarding the estimated costs for the City to provide the delivery system.  The City will need equipment, regular paid staff, and consultant.  The savings will not provide residents with the amount of program currently provided by TV30.  Working with a consortium of cities is the most cost effective solution.  The City will spend more money with a different line item to produce the services currently provided by TV30.

Marshall Kamena, Mayor Emeritus of Livermore, stated that he was one of the founders of TV30 and serves on the TV30 Foundation.  He noted that TV30 will survive regardless of the decision made by San Ramon.  He presented information regarding requirements needed to start a new service.  He enumerated the disadvantages if San Ramon provides the delivery system.  He added that producing programs and buying equipment is very expensive.  PEG funds cannot be used to pay for a PIO.  He stated that TV30 plans to phase out City subsidies in five years.  He believes that the costs for a San Ramon stand alone operation have been understated.   

Abram Wilson, resident and former Mayor, stated that TV30 is the easiest and most practical way for the City to relate and communicate with its residents.  He believes that the $10,000 allocated for the Mayor’s Report may be insufficient if San Ramon disassociates itself from TV30.  He noted that the goal of the TV30 Foundation is to be financially independent.  The staff report does not include financial data and facts which would indicate the total financial ramifications for the City. 

Roz Rogoff, resident, stated that she served for four years on the TV30 Board.  She requested that, if the City keeps TV30, that TV30 have an appointed Board rather than the current four mayors.  She added that the original TV30 included local news programming.  She asked if the City needs a Public Information Officer (PIO) or if TV30 fills this need.  She believes that TV30 programming needs more public input.

Mayor Clarkson closed the public comment. 

Cm. Perkins clarified that the Council meeting tapings are included in the City budget so TV30 could continue to provide this service.  City Manager Greg Rogers responded that the budget includes the cost for TV30 to film the Council meetings as long as they are interested in continuing this service.  Cm. Perkins asked about the use of PEG funds.  City Manager Rogers stated that PEG funds may be used only to purchase capital equipment but not to pay staff to tape the Mayor’s Report.  Cm. O’Loane questioned the projected TV30 Foundation funding.  He asked if the Foundation has any money.  The document provided by Mr. Kamena includes a graph but no funds.  He asked about the process for public channel programming.  City Attorney Bob Saxe stated that he does not know the rules but can research this information.  Cm. O’Loane noted that the franchise fees cannot be used for personnel and that there are no alternate funds for the requested $97,602.  He asked for a definition of viewership.  TV30 provides some fine programs for the community but many are designed for communities other than San Ramon.  He noted that this is the beginning of the process for the Council to establish its priorities.  He proposed that there may be other solutions.

Cm. Hudson stated that there is no correlation between the discussion of PIO and TV30.  He agrees with Cm. O’Loane regarding the funding decisions.  He asked if the Council is defining its image and what we are as a “Tri-Valley”.  He noted that funding the request will be difficult.  Vice Mayor Livingstone agreed with Cm. Hudson and stated that it is a difficult decision.  He does not feel that San Ramon gets its fair share.  It is important to work with the local cities in the Tri-Valley.  He questioned whether the City can do a better job but thinks that the City can do it for less money.  

Mayor Clarkson noted the importance of regional partnerships across the valley.  It is important to keep in mind that the City has a cash deficit of $4 million and estimates a real structural deficit of $7 million.  He agrees that the mayors should not be on the TV30 Board of Directors.  He does not support discontinuing TV30 if it negatively impacts the transparency of the City.  He does not want the TV30 partners to be left hanging. 

Cm. Perkins stated that spending $100,000 is difficult with a budget deficit.  Regarding transparency, he asked “What is the Council’s job?”  The question is whether the piece of information from TV30 going to the audience is worth $100,000 or can the City provide a similar amount of information to a similar size audience for a different price.

Cm. Perkins’ made a motion to continue the item to the next City Council meeting and that this topic be on the agenda for the Budget Workshop.  The motion was seconded by Vice Mayor Livingstone who requested that more definitive information regarding the costs for the City to assume the task and if the City could provide the service with similar quality.  Vice Mayor Livingstone asked if TV30 will continue to provide the Council meetings.  Cm. O’Loane asked what the obligations of the TV station are.  He asked what the $100,000 will be used for and what would or would not be broadcast.  He stated that the Council’s obligation is to make a decision and to communicate with the public.  He asked what the City would have to give up in order to fund this request.  Cm. Perkins requested that staff obtain costs for producing and broadcasting the Council meetings, the Mayor’s Report, the Holiday Tree Lighting event, and any other ‘City unique’ televised events which should be included in this estimate.  The motion passed 5-0.

(#10.2) Resolution No. 2012-050 – Requesting that the Tri-Valley Convention and Visitors Bureau Redirect the Tourism Business Improvement District Fees Generated by San Ramon Hotels to the City of San Ramon.

Economic Development Director Marc Fontes provided the report.  The San Ramon hotels generate $400,000-500,000 in Tourism Business Improvement District (TBID) funds.  TBID funds are the funding source for the Tri-Valley Convention and Visitors Bureau (CVB).  San Ramon hotels are requesting that the funds generated by their hotels be used to directly benefit their hotels.  This could be done by redirecting the funds to the City so that the City can work directly with the hotels to determine the best use of those funds.  Mr. Fontes introduced Tom David, General Manager for the San Ramon Marriott.  Mr. David introduced Linda Robles, General Manager for the Courtyard by Marriott, and Pam Callahan, General Manager for the Hyatt House.  Mr. David stated that the San Ramon Marriott generates $180,000 to $200,000 annually in TBID fees.  He noted that the San Ramon hotels do not want to separate from the Tri-Valley.  He stated that there is very little return to San Ramon relative to their contributions.  He requested that the TBID funds be redirected to San Ramon and used for a dedicated effort to promote tourism and benefit San Ramon.  Ms. Robles agreed with Mr. David.  Ms. Callahan stated that the amount of dollars generated could be used to focus on San Ramon area.  She stated that the majority of the leads from the CVB are not relevant to her hotel’s operations.

Mayor Clarkson opened the public comment. 

Kevin Goebel, chair of the CVB Board of Directors and the General Manager of the Pleasanton Hilton, remarked that he was disappointed and puzzled by the Resolution.  He stated that the CVB Board was not formally advised of the issue in this Resolution prior to the Council meeting by either Mr. David or Mr. Fontes.  Mr. Goebel stated that Mr. David recently accepted the role of Chairperson of the Sales and Marketing Committee.  He noted that none of the San Ramon hotels responded to an opportunity to serve on an open hotel seat.  He added that the message from the hotels in all five cities is the need for more weekend business.  He asked that the Council not approve the Resolution and give the CVB the chance to hear the request and suggestions from the San Ramon hotels.  Cm. O’Loane asked how many members are on the CVB Board.  Mr. Goebel stated that there are currently 14 members.  The Board will add an additional hotel representative.  The Board is comprised of 7 hotels, 1 city vote, and 6 representatives from other organizations.  Mayor Clarkson clarified that there is only one San Ramon representative.  Mayor Clarkson stated that the staff and hotelers have expressed their unhappiness over the years.

CVB president and CEO Grant Raeside stated that the job of the CVB is to promote and brand the Tri-Valley.  He refuted the claims that the CVB has not significantly promoted hotel business in San Ramon and summarized the efforts by the CVB to promote San Ramon.  He noted that the hotel occupancy rate in the Tri-Valley has increased 6.8%.  He asked the Council not to approve the Resolution and to let the CVB communicate on how they can do a better job.  Mayor Clarkson observed that there appears to be a disconnect between the CVB and the San Ramon hotel representatives.  Mr. Raeside requested an opportunity for better collaboration.  Cm. O’Loane asked about the marketing metrics.  Mr. David responded that they are looking at 8-12% cost of sales.  He stated that he has made his concerns clear at CVB Board meetings.  He noted that the CVB Board members have an equal vote but not all of them contribute financially.  He observed that the situation has become adversarial.  Mr. David noted that the San Ramon hotels generate about 20% of the TBID fees but do not have a 20% representation on how or where the money is spent.  He stated that he has addressed the issues and explored options with the CVB.  Mayor Clarkson asked the San Ramon hotel representatives if the feel that they have exhausted their options and want the Council to support this Resolution.  They responded that they did.

Mayor Clarkson closed the public comment.

Cm. Hudson reiterated a conversation which he had with Ms. Callahan several years ago in which she expressed her dissatisfaction with the CVB’s promotional efforts.  He stated that, although he recognized the current disconnect, he did not know how the Council could vote against the request by the San Ramon hotel operators.

Cm. Perkins’ motion to adopt Resolution No. 2012-050 was seconded by Cm. Hudson.  Cm. O’Loane commented that he did not know if the CVB Board was sufficiently responsive.  He requested a change in the Resolution wording to read “the San Ramon hotel operators believe that the CVB Board of Directors has not been sufficiently responsive to their requests”.  Vice Mayor Livingstone stated his support for the Resolution.  San Ramon has been getting the ‘short stick’ with the CVB for a long time.  Mayor Clarkson asked the City Attorney if there is anything in the Resolution that is inaccurate.  City Attorney Saxe stated that the Resolution is fine.  Mayor Clarkson noted that it is important to support San Ramon businesses and still be good partners in the valley.  The motion passed 5-0.

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City Manager Greg Rogers asked Engineering Services Director Maria Fierner to update the Council on the Bollinger Canyon Road landscaping project.  Ms. Fierner stated that the original bridge abutment protrudes four inches into the roadway.  In order to get the needed roadway width, the rock façade will be eliminated and a metal grid accent which matches the bridge railing will be recessed into the column face. 

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Cm. Hudson summarized key points from the Air District’s Bay Area quality trends relating to emission reduction and the health impacts of wood burning stoves.  He reported on the May 2, 2012 update to the Plan Bay Area report and the job growth strategy.  He informed the Council that Senator DeSaulnier has introduced SB 1149 which would create a 15 member Bay Area Regional Commission to coordinate regional planning and policy decisions dealing with transportation, housing, air quality, sustainable community strategies, economic development, and other regional issues.

Mayor Clarkson introduced Gayle Larson, Field Representative for Assemblyperson Joan Buchanan.  He requested that the City Manager agendize an opportunity for the Council to discuss the whole integration of City communications.  The City Manager suggested a workshop.  Mayor Clarkson announced that San Ramon’s Art and Wind Festival will be held on May 27-28, 2012 in Central Park.  He invited residents to attend the Dave Koz show on May 18, 2012 at the Dougherty Valley Performing Arts Center.

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At 9:48 p.m., there being no further business, Mayor Clarkson adjourned the meeting.

Bill Clarkson, Mayor
Patricia Edwards, City Clerk

Approved as presented at the May 22, 2012 City Council meeting 5-0.

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