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May 22, 2012

A regular meeting of the City Council of the City of San Ramon was held May 22, 2012 at 7:12 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 Chief Scott Holder, Interim Parks and Community Services Director Karen McNamara, Division Manager Esther Lucas, Economic Development Director Marc Fontes, Senior Engineer Robin Bartlett, Administrative Analyst Jen Dye, Program Manager David Krueger, and City Clerk Patricia Edwards.

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Cm. O’Loane 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.  The Clerk noted two updates for City meetings.   The Teen Council will meet on June 5, 2012 at 6:30 pm at the Dougherty Station Community Center.  The Open Space Task Force will not meet on June 11, 2012.

Cm. Perkins made a motion that, in the absence of input from other governmental agencies, item #9.1 (Ordinance Relating to Curfew) be continued to a future Council meeting date uncertain.  Cm. Hudson seconded the motion.  Cm. Hudson requested that the people who were in the audience to address this item be given the opportunity to speak.  Cm. Perkins suggested that they speak under item #6 (Public Comment).  Mayor Clarkson suggested that the item remain on the agenda for public comment.  He noted that the Council will probably not take any action.  Cm. Hudson rescinded his second of the motion.  Vice Mayor Livingstone stated that the School Board met two weeks ago.  He questioned their delay in providing input to the City Council.  Mayor Clarkson replied that he believes the School Board is assembling more information.  Vice Mayor Livingstone asked why this was not communicated to the Council.  Cm. Perkins stated that the item was included on the May 22, 2012 Council agenda because his May 8, 2012 motion requested that the item be continued to the next (May 22, 2012) Council meeting.  Cm. Perkins withdrew his motion. 

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(#4.1) Proclamation Declaring June 1-7, 2012 as National Cardiopulmonary Resuscitation and Automated External Defibrillator Awareness Week and Commitment to a HeartSafe Community.  Presented by Mayor Clarkson to Captain Andy Swartzell, Co-Chair of the HeartSafe Community.

Captain Swartzell was unable to attend the Council meeting.  Mayor Clarkson presented the proclamation to Pam Dodson, County Emergency Medical Services and County Heart Safe Coordinator.  Ms. Dodson described the San Ramon Valley HeartSafe Community program.  She stressed the importance of acting promptly in the case of a cardiac emergency.  More information is available at www.cccems.org.  She thanked the Council for the proclamation and encouraged residents to get CPR and AED training.  

(#4.2) Recognition of Jennifer Gault, Recreation Technician, as Employee of the Month for May 2012.  Presented by Interim Parks and Community Services Director Karen McNamara.

Interim Parks and Community Services Director Karen McNamara introduced Jennifer Gault, a City employee since 2007.  She is being recognized for her work with the Teen Center After School programs available at all four middle schools.  Ms. Gault provides assistance wherever it is needed and is a great asset to the Department.  Ms. Gault stated that she is thankful that the teen centers are doing well and that working with the students is very rewarding.  Mayor Clarkson thanked her for her service.

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Roz Rogoff, resident, announced that she will be interviewing Eric Swalwell, a candidate for the 15th Congressional District, on her blog talk radio on May 23, 2012.  She will be interviewing candidate Chris Pareja next week.

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(#6.1) Library Advisory Committee Appointments.

Esther Lucas, Division Manager, provided the staff report.  There are two regular and two alternate vacancies on the Library Advisory Committee (LAC).  Cm. Perkins’ motion to appoint Kimberly Johnson, Sherry L. Rosso, and Joanne Mudry (Alternate #1) to the LAC with terms expiring April 2014 was seconded by Vice Mayor Livingstone and passed 5-0.

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Mayor Clarkson reported that the Council interviewed seven wonderful candidates for the Student Commissioner to the Parks and Community Services Commission. He announced that Maekhila Koppikar was appointed as the 2012-2013 Student Commissioner. 

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(#7.1) Minutes of the May 8, 2012 regular meeting.

Cm. Perkins’ motion to adopt the May 8, 2012 regular City Council minutes was seconded by Vice Mayor Livingstone and passed 5-0.

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(#8.1) Register of Demands as presented by the City Treasurer (Period ending April 30, 2012).

(#8.2) Minute Order No. 2012-018 – Approval of the Process Proposed for Determining Events and Activities for July 4, 2013 and Beyond.

(#8.3) Resolution No. 2012-051 – Accepting Certain Drainage Dedications and Improvements in DA 0008 (Water Quality Ponds 5 & 9) for Maintenance (Windemere BLC Land Development Company, LLC).

(#8.4) Resolution No. 2012-052 – Approving the City of San Ramon Measure J Growth Management Program Compliance Checklist for Allocation of Local Street Maintenance and Improvement Funds for Calendar Years 2010 and 2011 and Authorizing Staff to Submit the Compliance Checklist to the Contra Costa Transportation Authority.

(#8.5) Resolution No. 2012-053 – Approving the Landscaping & Lighting District No. 1984-1 Engineer's Report for Fiscal Year 2012/13; Adopting a Resolution of Intention to Levy and Collect Assessments for Fiscal Year 2012/13; and Setting a Public Hearing for June 12, 2012.

Cm. Hudson’s to adopt items 8.1 through 8.5 was seconded by Vice Mayor Livingstone and passed 5-0.

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(#9.1) 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 Chief Scott Holder provided the staff report.  The Ordinance will enhance the Department’s abilities by adding a daytime school hours component.  It clarifies the action to be taken by an officer when a truant is identified.  He listed the situations which are excluded from the definition of truancy.  He described the citation and fine provisions.  The goal of the Ordinance is to reduce truancy and any associated crime.

Mayor Clarkson opened the public hearing.

Tina Razzell, a Pleasanton resident, stated that home schoolers will be directly impacted.  The proposed Ordinance will restrict the freedom of innocent people.  She is concerned that other cities may follow San Ramon’s example if the Ordinance is passed.  She suggested that there are other things that can be done to stop truancy.

John Allen, a Livermore resident, stated that the police do not know who the home schoolers are and whether the exemptions apply.  The experience of being cited by police may traumatize children.  He suggested that the Council scrap this Ordinance and design an Ordinance that focuses on truants rather than age. 

David Deleonardo, a Hayward resident, is concerned that the Ordinance is overly broad in dealing with situations involving home schooled and special education children.

Garrett Johnson, a Danville resident, concurred with the other speakers.  The Ordinance should focus only on truants. 

Lynn Ralston, a Clayton resident, requested that the Council not pass the Ordinance.  If passed, this Ordinance would result in lost business, incur unnecessary costs, drain resources, and criminalize lawful activities.  School truants can and should be handled by the school system and the School Attendance Review Board.  She encouraged the Council to manage its resources wisely and protect our country’s foundation of freedom.

Cm. O’Loane asked Ms. Ralston is she feels intimidated being in San Ramon at night with her children.  She replied that she did not and that she did not know if Clayton has a night time curfew.

Tommy Sidebottom, a Danville resident, asked the Council not to pass the Ordinance.  It is not necessary because the California Education Code currently addresses truancy and provides penalties for truants.  He does not believe that San Ramon needs a new law because another law will not fix the problem.  The City can use the powers provided in the Code.  He stated that the Ordinance is a violation of the 14th Amendment.  He requested that the City find other ways to deal with habitual truants.

C.J. Tam, a Tracy resident, home schools her children and also uses a science class in San Ramon.  She questioned if she will be able to sit in Starbuck’s and do homework with her children without being harassed.  She asked if the Ordinance is necessary.

Thomas Martanovic, a San Ramon resident, asked if the City is turning into a police state.  Truancy is a school problem.  He believes that the Ordinance is wrong.

Mayor Clarkson closed the public hearing. 

Cm. Perkins asked if the California Education Code allows police officers to arrest and detain children and return them to the school or a parent.  Chief Holder responded that this is not a common occurrence in San Ramon.  It is not the Department’s practice to stop someone in a public place but the police will stop a juvenile who is walking in an area where the police are working burglary suppression.  Cm. Perkins noted that a similar Ordinance has been passed by the County and seven other cities so a substantial amount of the County is already covered by a similar Ordinance.  Chief Holder stated that County laws apply in cities which contract for police services with the Sheriff’s Department.  Cm. Perkins asked if truancy work distracts police from the conduct of their duty or increases costs.  Chief Holder responded that it would not.  Cm. Perkins asked if the City has received any complaints regarding harassment of children or families resulting from the enforcement of the Education Code regarding truancy.  Chief Holder replied that he has not.  Cm. Perkins asked if the Ordinance is contrary to the Constitution.  Interim City Attorney Saxe stated that he did not think so.  He noted that specific provisions may raise questions but cities can establish a curfew ordinance. 

Cm. O’Loane asked if someone who was stopped as a truant is cited and returned to their parents or to school.  Chief Holder stated that they are.  Cm. O’Loane asked if the same process would be followed with this Ordinance.  Chief Holder replied that this Ordinance is designed to deal with the ‘true’ habitual truant.  With a violation of a City Ordinance, the issue is handled in-house and the San Ramon juvenile program would be able to work with the family.  Cm. O’Loane requested statistics on daytime juvenile crime in San Ramon.  He stated that this is a solution looking for a problem.  He is not convinced that truancy is a problem in San Ramon.  He would like to continue the item.

Cm. Hudson questioned if the City could move forward with the Ordinance without clear direction from the School District.  If San Ramon is one of the few cities in Contra Costa County without a curfew, he questioned if the City will become a safe haven for truants.  He wants the School District’s input prior to making a decision. 

Vice Mayor Livingstone stated that he expects nothing will change regarding the action taken by San Ramon police.  Chief Holder noted that the exception would be the citation and follow up. 

Mayor Clarkson expressed concern that the Ordinance puts the onus of enforcement on San Ramon businesses.  Dan Cabral, Supervising Attorney of the District Attorney's Office's Juvenile Prosecution Division, stated that his office reviews criminal matters concerning juveniles in the County.  A daytime curfew ordinance is not a truancy ordinance.  Its purpose is to keep children in school during school hours.  Businesses lose business when juveniles loiter in or create problems for the stores.  He stated that a high percentage of juveniles who are truant in San Ramon are under the influence of alcohol or drugs.  He stated that the truancy rate for the School District is 20%.  He acknowledged that everyone wants their Constitutional rights protected.  He makes sure that police conduct is correct and that no one’s rights are violated.  He noted that judges welcome daytime curfew ordinances because it provides more consequence.  Mayor Clarkson corrected Mr. Cabral’s statistics. 

Cm. Perkins made a motion to continue the Ordinance to a future meeting of the City Council to a date uncertain pending information from other governmental agencies.  Cm. Hudson seconded the motion.  Vice Mayor Livingstone commented that businesses want customers but not children who are loitering.  He requested accurate statistics and a true definition of truancy.  He does not believe that San Ramon has a large truancy problem.  The motion passed 5-0.

(#9.2) Review of 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 for Educational and Governmental Television Programming.

Marc Fontes, Economic Development Director, provided the report.  Due to the Digital Infrastructure and Video Competition Act of 2006 (DIVCA), the public, educational, and government (PEG) channel support fees collected are only available for capital expenditures and not for operating costs.  The $97,602 for operating costs requested by TV30 must now come from the General Fund. 

Jeff Eorio, former Parks and Community Services Director, reviewed his experience with cable television and TV30.  He stated that the City attempted to reach an amicable agreement with TV30 but that TV30 was not amenable to meeting and discussing options.  He reported that, at the May 22, 2012 meeting, TV30’s Executive Director recommended that the TV30 Board advise San Ramon to pay the requested operational subsidy or to notify the Board that the City was opting out of the agreement with TV30 and out of its Board position.

Mr. Eorio reviewed the alternative service quotes from TV30, CCTV, and West Coast Associates.  Included are three levels of service for the San Ramon educational and governmental (EG) television programming to be aired on EG television channels.  CCTV can serve Comcast and AT&T subscribers.  The DISH network does not provide EG programming.  Television and production options were also discussed.  He stated that CCTV provides a viable option which will work with San Ramon.  CCTV has fewer broadcast options because it only broadcasts over one channel.  The City can discuss local sports programming and include this item in a future agreement.  An agreement with CCTV does not preclude the City from a future contract with TV30.

Cm. Perkins asked if any School District broadcasts are on TV30.  Mr. Eorio stated that the Pleasanton School District, Livermore Area Recreation and Parks District (LARPD), and possibly the Livermore and Dublin School Districts are.  Mr. Eorio noted that these organizations do not make operational contributions to TV30.  Vice Mayor Livingstone asked if TV30 did not respond to the City’s request to meet.  Mr. Eorio replied that TV30 did not respond to phone calls or emails.  TV30 only responded to the request for television and production pricing options.  Cm. O’Loane asked if there were any termination provisions in the contact.  The City Manager stated that the TV30 contract is effective through June 30, 2012.  Mr. Eorio stated that they operate on the by-laws of the nonprofit organization and that there is no provision in the by-laws for termination or prepayment.  Cm. O’Loane asked why TV30 is requesting prepayment.  Mr. Eorio stated that he did not know.  Cm. Hudson asked if Livermore, Pleasanton, and Dublin are being asked to pay what San Ramon is being asked to pay.  Mr. Eorio stated that each agency is charged based on the old franchise agreement of fifty cents per subscriber per month which removes the funding from the General Fund.  Mr. Eorio stated that the City held the franchise until it expired in July 2011.  The franchise includes three channels for four cities so San Ramon should have 75% of one channel.  The City needs to discuss access to this 75% with TV30.  DIVCA is the new franchise but does not change the rights under the law for that channel.  The City should discuss the level of transparency which CCTV can provide.  Mayor Clarkson asked if the City will have the same communication access to the community.  Mr. Eorio noted that programs would be provided on demand if the resident pays for DVR service.  Cm. O’Loane asked if CCTV will have messaging capabilities to provide information regarding the City’s website.  Mr. Eorio stated that CCTV has a website, character generator on the side bar, and is included on the channel guide.  Cm. O’Loane asked if CCTV can indicate other availability for San Ramon programming.  Mr. Eorio will ask CCTV if this is possible.

Mayor Clarkson opened the public comment.

Roz Rogoff, resident, stated that a Pleasanton Weekly commentary was very critical of San Ramon for pulling out of the Tri-Valley efforts (TV30 and the Convention and Visitors Bureau).  Because San Ramon is in the 15th Congressional District, she is concerned that pulling out of Tri-valley efforts is not a good idea.

Abram Wilson, resident, stated his concern about the lack of communication between the staff, TV30, and the Council.  He emphasized the importance of the Tri-Valley working together.  He noted that when TV30 was broke, the mayors assembled and requested the resignation of the Board.  The cities worked together to bring back TV30 with the ultimate goal of making TV30 self-sufficient.  TV30 is doing that with its Foundation.  He said that the City should not forgo quality for money.  He requested that the Council provide what is best for San Ramon and continue to communicate.  

Mayor Clarkson closed the public comment. 

Cm. Perkins stated that he agrees with Mr. Wilson’s comments that the Council needs to provide what is best for San Ramon.   With CCTV, San Ramon can provide the Council meetings, the Mayor’s Report, the State of the City, and the Annual Tree Lighting.  The City can provide essentially the same level of communication and realize a $80,000 savings.  Cm. O’Loane stated that the entire broadcast communications field is in a state of flux.  He stated that the Council and City made a clear commitment to be transparent in order for people to understand the Council’s actions.  He believes that a good analysis has been provided and supports this approach. 

Cm. Hudson stated that the issue is not about TV30 but more about the Tri-Valley.  At some point, San Ramon will need to identify with or separate from the Tri-Valley.  He supports spending the money and remaining a part of the Tri-Valley.  Vice Mayor Livingstone agreed with Cm. Hudson on the Tri-Valley issues and added that San Ramon always draws the short stick.  He stated that TV30 did not act professionally and expressed disappointment that TV30’s leadership did not talk with the City.  Mayor Clarkson stated that Mr. Eorio is a good candidate to do the City’s due diligence and that the Council’s role is to question and challenge the process.  He stated that he did not purposely miss the TV30 Board meeting.  He added that the decision to withdraw from the Convention and Visitors’ Bureau was done at the request of San Ramon hoteliers.  Being part of the Tri-Valley, regional, and cooperative effort is a two way street and should be reciprocal.  San Ramon wants to be a true and equitable partner. 

Cm. Perkins’ motion to direct staff to prepare documents to notify TV30 that San Ramon will not provide the requested operational and capital funding was seconded by Vice Mayor Livingstone.  Mayor Clarkson requested that the motion be amended to add that the City is voluntarily withdrawing from its Board position.  Cm. Perkins accepted the amendment.  Interim City Attorney Saxe suggested that the City wait until a letter from the TV30 Board is received.  Mayor Clarkson withdrew the amendment.  He stated that it is inappropriate as the mayor to sit on the Board with some financial control of an entity that reports on the mayor.  Cm. O’Loane agreed with Mayor Clarkson and commended Mayor Wilson for exercising his fiduciary responsibility.  Cm. O’Loane asked who owns TV30 and if the City should retain its seat on the Board.  He asked that the Council move on the funding portion but hold off on the Board issue.  The motion passed 4-1 with Cm Hudson dissenting.  Cm. Perkins’ motion to direct staff to proceed with Option B to include required funding in the 2012-2013 Budget and to negotiate an agreement with CCTV to carry San Ramon related broadcasting was seconded by Vice Mayor Livingstone and passed 4-1 with Cm. Hudson dissenting.

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(#10.1) Resolution No. 2012-055 – Supporting the Water, Ecosystem Health, and Other Issues Related to the San Francisco Bay and the Sacramento/San Joaquin River Delta.

Senior Engineer Robin Bartlett stated that water quality and supply issues in the Sacramento/San Joaquin River Delta will ultimately affect water quality and issues in the San Francisco Bay.  Contra Costa County and some of the communities in the East Bay have spearheaded an initiative to enhance the advocacy of local communities in these discussions.  He introduced Mitch Avalon, Contra Costa County Deputy Public Works Director, who provided the report.  Mr. Avalon stated that the San Francisco Bay and Delta Estuary should be regarded as a “system”.  This Estuary is a vital resource for the state’s human and wildlife populations.  It encompasses 1,600 square miles, provides drinking water to 2/3 of California, irrigates 4.5 million acres of farmland, and contributes to the state’s economy with commercial/sport fishing, shipping, industry, agriculture, recreation and tourism.  He reviewed the Sacramento/San Joaquin Delta.  The Sacramento River has high quality water.  The San Joaquin River water has a lot of agricultural run-off.  The outflow of the Delta is the inflow to San Francisco Bay.  The health of the Delta impacts the health of San Francisco Bay.  The Bay Delta Conservation Plan provides several potential conveyance routes:  West canal/pipe; East canal/pipe; Middle River conveyance; and a Tunnel Option which would include twin 33 foot pipes (150 feet deep and 36 miles long).    

The potential impacts of large scale changes on Contra Costa County include: changes in the water quality for agriculture, municipal and industrial intakes and groundwater.   There would be a change in the Delta outflow.  There would be a loss of agricultural land to the habitat, peripheral canal, or floodplain/floodway expansion.  There may be an increased state involvement which would usurp county and city land use authority.  Also impacted would be stormwater permits and the local and regional economies.   There are two political goals as part of the 2009 Delta Reform Package: to improve water reliability and the sustainability of the ecosystem.  Mr. Avalon said that the Resolution would support the County’s efforts and to participate as the City determines it should.

Cm. O’Loane asked about the water conveyance process.  Mr. Avalon stated that the conveyance facility is the peripheral canal.  The desire is to improve water quality exiting the Delta.  Cm. O’Loane asked if the peripheral canal improves the water in Los Angeles versus improving water quality in the Bay.  Mr. Avalon responded that this is a classic example of a balancing act for the environment, human, agriculture, and conservation.  Cm. Hudson noted that the key is to keep the salinity from backing up.  He asked Mr. Avalon if this is the best solution to solve the problem.  Mr. Avalon stated entities need to stay engaged and articulate their interests.  The Resolution is a vehicle for providing information from the County to the City. 

Cm. Hudson’s motion to adopt Resolution No. 2012-055 was seconded by Cm.  Perkins.  Cm. Perkins stated that the Bay Delta Conservation Plan is a plan to develop a new conveyance water project to move more water away from the Bay Area and Delta to the southern Central Valley and southern California.  Mayor Clarkson stated that this is a complex subject.  He asked if approval of the Resolution is non-binding and if the City has done sufficient due diligence.  Mr. Avalon stated that the Resolution does not support building the peripheral canal or tunnel.  Mayor Clarkson asked what the Resolution obligates the Council to do.  The City Attorney stated that the Resolution commits the City to be a stakeholder along with the area cities and County for the purpose of articulating mutual interest on Bay Delta issues working with the stakeholder coalition.

Cm. O’Loane expressed concern with the portion of the Resolution which states “Support immediate improvements to the existing Through-Delta Conveyance and improvements to protect key regionally important infrastructure, such as trans-Delta aqueducts…”.  Mr. Avalon stated that the trans-Delta aqueduct is the East Bay Municipal Utility District’s water supply.  Mayor Clarkson asked if the levees are sustainable for the long term.  Mr. Avalon stated that the levees are really dams and were built like levees for agricultural purposes.  The motion passed 5-0.

(#10.2) Review of Light-emitting Diode (LED) Streetlight Conversion Project Phase 2 and Project Financing Alternatives.

Administrative Analyst Jen Dye provided the report and outlined the benefits of the LED program.  These include: long term energy and cost savings; reduced maintenance expenses; smaller carbon footprint; better nighttime visibility; improved safety and security; and directional light which creates less light pollution.  She reviewed the accomplishments of Phase 1 which included an American Recovery and Reinvestment Act of 2009 grant, installation of 610 fixtures, new PG&E rates and rebates, and a strategy to convert all city-owned or maintained lights to LED.  In May 2011, Republic ITS completed the conversion project on time and within the allotted budget.  They also included the following additional/turnkey tasks: completion of a photometric study prior to installation to customize lighting to City roadways; development of articles for the City’s newsletter to inform residents of the project; presentation of the projects outline and goals at the August 24, 2010 Council meeting; and submittal of all required documentation for PG&E rebates and rate changes. 

Phase 2 would include the conversion of 3,985 City owned street lights, 1,000 decorative lights in Dougherty Valley, 250 decorative lights in San Ramon, 612 pedestrian crossing signs, 316 street name signs, and 216 parking lot signs.  The estimated cost for this conversion is $3,040,485.  The City would realize $214,291 in annual energy savings and $68,166 in annual operational savings.  The PG&E rebate is estimated at $353,183.  Ms. Dye stated that no grant funds are available.  In order to complete Phase 2, the City would need to enter into an agreement with a lease/finance entity for either the full cost of the project or the cost of the project less any capital contributions the City chooses to make.  The estimated project cost paid over 12 years including a maximum interest rate of 3% is $3,203,299. 

Larry Hillman, Director of Sales for Siemens reviewed the project’s lifecycle cost analysis including the current annual energy expenditure, and operational and maintenance savings.  Mayor Clarkson asked for clarification on the operational savings.  Ms. Dye explained how the cost and time savings were calculated.  The City Manager responded that there may not be a cost savings for staff because staff would be reassigned to do other work.  Mayor Clarkson stated that the City would not realize a real cash savings.  Cm. O’Loane requested a breakdown of maintenance item costs.  Ms. Dye stated that only a portion of staff time was removed.  Staff would still have to meet with contractors, maintain PG&E lights, deal with PG&E, response to CRMs, and responses to outages and nighttime inspections on High Pressure Sodium (HPS) lights.  Cm. O’Loane asked for the net present value.  Mr. Hillman stated that the net present value information is not provided in the Lifecycle Cost Analysis.  He provided information on the City’s energy costs if the City did nothing versus completing the conversion.

Mayor Clarkson asked Mr. Hillman if he had done calculations for zero inflation in terms of energy costs.  Mr. Hillman responded that he did not.  Cm. O’Loane requested a calculation without the operational savings.  Ms Dye reported that other contributions, not included in the cash flow calculation presented, could include funds from CIP 5499 for Citywide Street lighting Upgrades.  These funds are currently dedicated for re-lamping of HPS fixtures at approximately $60,000 ($30,000 for 2011/12 and $30,000 requested for 2012/13).  Ms. Dye stated that $60,000 may be available from the Citywide Lighting Fund.  These funds and the $60,000 already allocated to CIP 5499 could be used  to cover the majority of the down payment.  She discussed the Financing Agreement and stated that Republic ITS has prepared preliminary pricing data.  Ms. Dye summarized the overall benefits of Phase 2. 

Mayor Clarkson asked what guarantee the City has that the lights will last for 15 years.  Ms. Dye stated that LED lighting is guaranteed for 10 years.  Should the light fail in less than 15 years, the company will replace the light and the City’s contractor will install the light.  Cm. O’Loane asked how one determines that the light is out.  Ms. Dye replied that either staff or residents currently report that the lights are out.  If the City goes to a control system in the future, the system would be compatible with these lights and report when lights are failing.  With the LED lights, the City would rely on notification from residents rather than utilizing staff time to identify lights which were not functioning. 

Ms. Dye stated that PG&E owns 2,600 street lights within the City limits.  She discussed two options for replacing the PG&E lights.  Ms. Dye presented a proposed timelines and the next steps.  Cm. Perkins said that the report shows a 15 year cash flow, the payment schedule is 12 years, and the bulbs guarantee is 10 years.  He asked that the report show a 12 year cash flow schedule.  There is a soft savings associated with the operational savings.  He recommended going forward with the project and asked staff to bring the revised report to the Council at the June 12, 2012 meeting.  The Council concurred.

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At 10:47 p.m., Mayor Clarkson requested a five minute break.  The Council reconvened at 10:53 p.m.  All Council members were present.

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(#10.3) Resolution No. 2012-056 – Authorizing the Mayor to Execute Amendment
No. 1 to the Agreement with WM Curbside, LLC for Residential Household Hazardous Waste Collection and Disposal Services to Extend the Term of the Agreement to September 30, 2016 and Increase the Total Not to Exceed Amount to $940,000 Over the Entire Term of the Agreement And Approve Funding Through the Solid Waste Fund and Residential Garbage Rates.

David Krueger, Program Manager, presented the report.  There are currently about 100 on-call household hazardous pickups per month.  Staff recommends that the contract be extended to September 2016 to coincide with the solid waste and recycling franchise agreement.  The rate for this service would remain the same for 2012.  WM Curbside is requesting a $.07 per single family home increase in 2013 and a $.05 increase each year for the remaining contract years.  Cm. O’Loane asked if the participation rate increases, will WM state that the City is not paying the market rate.  Mr. Krueger stated that this provision would be locked into the contract.  Cm. O’Loane asked how the program is publicized.  Mr. Krueger responded that the program is promoted in an annual brochure, bill inserts, City website, multi-family events, etc.  Cm. Perkins asked if the solid waste funds could be used to collect items which are currently non-acceptable such as smoke detectors.  Mr. Krueger stated that helium and propane tanks are accepted if they are vented.  Staff will research at a mail-in program for smoke detectors.  There are programs which residents can use for other non-acceptable items such as pharmaceuticals.  Mayor Clarkson asked how the solid waste fund is funded.  Mr. Krueger stated that the majority of the funding is paid by Waste Management with some funding from commercial recyclers.  No City funds are involved in subsidizing this program. 

Cm. Perkins’ motion to adopt Resolution No. 2012-056 was seconded by Cm. Hudson and passed 5-0.

(#10.4) Resolution No. 2012-054 – Adopting the Fiscal Year 2012-2013 Operating and Capital Budget, Establishing an Appropriation Limit, Authorizing Carryover Project Appropriations, and Authorizing Funding Transfers Within Capital Projects for Fiscal Year 2011-2012.

City Manager Greg Rogers provided the report which summarized the information from the Budget Sessions.  The City’s 2012-2013 budget is $81.2 million.  The City will maintain core services.  Funding will not be provided for TV30, the additional amount for the Dougherty Valley Library, and installation of the entryway monument.  Staff will accelerate the Work Plan to deal with the structural financial gap between revenues and expenditures and remove any Work Plan relating to an update of the Crow Canyon Specific Plan.  Council identified the use of $2.5 million in Reserves: $200,000 in General Funds Reserve; $1.8 million in Dougherty Valley Fund Reserve; and $500,000 in Health Care Fund Reserve.  The projected balance for the General Fund Reserve is $29.2 million which is more than the 50% required by the City’s General Fund Reserve policy.  N year’s Work Plan will include bringing alignment to the ongoing revenue and expenditure levels.  The City will maintain core services and the hiring and pay freeze.

Cm. Perkins asked if the City will need to appropriate funds for the approved CCTV services.  Mr. Rogers stated that he is re-establishing a $50,000 contingency appropriation.  The item can be reviewed at the Mid-Year Budget if needed.

Mayor Clarkson opened the public comment.

Abram Wilson, resident, encouraged residents to attend City budget meetings.  He asked if the $4 million budget deficit was caused by Dougherty Valley expenses, debt service, and salary.  He asked for the status of Redevelopment and if it is affecting the City’s debt service.  He asked the Council to address these concerns and verify last year’s numbers.  It is important for the budget process to be transparent.  He commended City staff for going through the budget process. 

Mayor Clarkson closed the public comment.

Mayor Clarkson asked if the City’s structural deficit is $4 million.  Mr. Rogers stated that the ‘deficit’ depends on what part of the budget one refers to.  The structural problem is defined around the basic operating funds and includes Dougherty Valley, General Fund, Landscape and Lighting, and health fund liabilities.  This year’s budget shows a drawdown of $2.5 million of General Reserves with a $200,000 draw down of General Funds.  This year’s budget benefitted from a successful refunding of outstanding debt.  Mayor Clarkson stated that the City has a $4 million structural deficit.  If ongoing expenses are considered, the figure would more accurately be $7 million.  He noted that the reserves will last for 3-4 more years before the 50% reserve minimum is reached.  He requested that the City start the budget process in January.  He noted that residents have high expectations for services.  He wants to get early, clear feedback from residents on how they want the Council to handle changes in services and achieve a balanced budget.  Cm. O’Loane stated that part of the public’s misperception is a misunderstanding of a ‘balanced budget’ versus withdrawing funds from reserves.  San Ramon has good fiscal discipline but does need to set aside funds for future expenses. 

Cm. Hudson’s motion to adopt Resolution No. 2012-054 was seconded by Cm. Perkins and passed 5-0.

(#10.5) Analysis of SB 1149 Creating the Bay Area Regional Commission.

The staff report was presented by Interim City Attorney Bob Saxe.  SB 1149 was authored by Senator DeSaulnier to establish the Bay Area Regional Commission, a comprehensive regional governmental entity in the Bay Area’s nine counties.  The existing Metropolitan Transportation Commission, the Association of Bay Area Governments, Bay Area Air Quality Management District, Bay Area Toll Authority and the San Francisco Bay Conservation and Development Commission would become divisions of the new Commission.  The original legislation called for a Commission of fifteen members each elected from a separate district.  The bill was amended on May 15, 2012 to eliminate direct election of the commissioners but it is unclear how they are to be selected.  This Commission would create a new regional entity which would be superimposed on existing entities.  The Commission is given authority to manage the financial resources of the regional entities including preparation of an integrated annual budget for the Commission  and the entities and direct administrative control over aspects of regional entity operations including reorganization and consolidation. 

Cm. Hudson noted that SB 1149 allows all cost savings to be directed to the Commission’s General Fund.  He added that this Commission is a ‘golden parachute’ for termed-out assemblymen and senators that accomplishes nothing.  Cm. Hudson’s motion to send a letter to Senator DeSaulnier through Contra Costa County Transportation Authority (CCTA) to oppose this legislation (AB 1149) unless withdraw was seconded by Vice Mayor Livingstone and passed 5-0.  Mayor Clarkson requested that Cm. Hudson and the City Manager draft the letter. 

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Cm. Hudson reported that Supervisor Gayle Uilkema died on May 19, 2012.  He attended the San Ramon Community Korean Culture Festival on May 20, 2012 and asked if there was a way to incorporate different cultural events into the Art and Wind Festival.

Mayor Clarkson reminded residents to support the Framers Market.  The Art and Wind Festival will be held on May 27-28, 2012 in Central Park.  He invited residents to attend the San Ramon Symphony’s performance on May 25, 2012.  He encouraged residents to attend the second Town Hall meeting on May 31, 2012 at Forest Home Farms.  The second Mayor’s Breakfast will be held at Clementine’s on May 25, 2012 at 7:30 a.m.  He will be discussing the City budget and regionalization.

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At 11:46 p.m., there being no further business, Mayor Clarkson adjourned the meeting with a moment of silence in honor of Supervisor Gayle Uilkema.

Bill Clarkson, Mayor
Patricia Edwards, City Clerk

Approved as presented at the June 12, 2012 City Council meeting 4-0-1-0; Perkins absent.

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