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MINUTES OF THE
CITY OF SAN RAMON COUNCIL MEETING
June 11, 2013

A regular meeting of the City Council of the City of San Ramon was held June 11, 2013 at 6:16 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Clarkson presiding. 
PRESENT:  Councilmembers Hudson, Livingstone, O’Loane, and Mayor Clarkson.
ABSENT:  Councilmember Perkins.
STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, Police Chief Scott Holder, Transportation Division Manager Lisa Bobadilla, Senior Administrative Analyst Julie Vargas, Engineering Division Manager Robin Bartlett, Public Services Division Manager Jeff Gault, and City Clerk Patricia Edwards.

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CLOSED SESSION

(#1.1) Pursuant to Government Code §54957.6 to meet with the City Council’s Labor Negotiators: Karen McNamara, Eva Phelps, Toni Renault, and Bob Saxe concerning Negotiations with the San Ramon Police Officers Association.

(#1.2) Pursuant to Government Code §54957.6 to meet with the City Council’s Labor Negotiators: Scott Holder, Eva Phelps, and Toni Renault Concerning Negotiations with SEIU Local 1021.

At 6:16 p.m., the Council convened to Closed Session: (1) Pursuant to Government Code §54957.6 to meet with the City Council’s Labor Negotiators: Karen McNamara, Eva Phelps, Toni Renault, and Bob Saxe concerning Negotiations with the San Ramon Police Officers Association; and (2) Pursuant to Government Code §54957.6 to meet with the City Council’s Labor Negotiators: Scott Holder, Eva Phelps, and Toni Renault Concerning Negotiations with SEIU Local 1021.  All Councilmembers except Cm. Perkins were in attendance.

At 7:03 p.m., Mayor Clarkson reconvened the Council meeting.  All Councilmembers except Cm. Perkins were present.  Mayor Clarkson reported that the Council took no action on items 1.1 and 1.2

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PLEDGE OF ALLEGIANCE

San Ramon Valley Fire Protection District Chief Paige Meyer led those present in the pledge of allegiance. 

* * * *

ANNOUNCEMENTS

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

* * * *

SPECIAL PRESENTATIONS

(#4.1) Introduction of the new San Ramon Valley Fire Protection District Chief Paige Meyer by Matt Stamey, Fire Protection District Board President.

Fire Protection District Board President Matt Stamey introduced Paige Meyer, the new San Ramon Valley Fire Protection District Chief.  Chief Meter said that it is an honor to serve as the District Chief and that he has a strong desire to serve the San Ramon community.  He provided personal information and details about his 20 year fire service career.  Mayor Clarkson thanked Chief Meyer for his outreach to the community and leadership.  The City is excited to have him on board.

(#4.2) Recognition of Terry Cunningham for his Service to the San Ramon Community Theatre.  Presentation by Mark Ballock, President of the Arts Foundation Board.

Mark Ballock, President of the Arts Foundation Board, recognized Terry Cunningham for his service to the San Ramon Community Theater.  During Mr. Cunningham’s eleven year tenure, he produced 27 plays, presented over 200 performances, volunteered more than 7,000 hours, and entertained over 15,000 people.  Mr. Ballock thanked Mr. Cunningham for his dedication and presented him with an award recognizing him as the 2013 Community Theater Executive Director.  Mr. Cunningham stated that he appreciates the recognition.  He said that Community Theater is a labor of love which he really enjoyed.  San Ramon Poet Laureate Kathy Moore read a poem which she wrote for Mr. Cunningham.  It was framed and presented to him.  Mayor Clarkson thanked Mr. Cunningham and noted that his ability to motivate volunteers for the Community Theater is a testament to his leadership.  Colleen Vitalis, Co-Director of the San Ramon Community Chorus, thanked Mr. Cunningham for his service and remarked that he has given San Ramon a gift and his legacy to the City is bringing art to the heart.

(#4.3) Recognition of the 8th Annual Street Smarts Program “Be Reel!” Video Contest Winners:  Thinh Nguyen, Andy Wang, and Ryan Wong.  Presentation by Cathy DeLuca, Street Smarts Coordinator.

Cathy DeLuca, Street Smarts Coordinator, described Street Smarts as a traffic safety education program.  She stated that there were 91 video entries from over 250 middle schools students for this year’s “Be Reel!” Video Contest.  The second place winners from Pine Valley Middle School are Thinh Nguyen, Andy Wang, and Ryan Wong.  She played their video which focused on the importance of wearing a helmet when bicycling.  Mayor Clarkson presented certificates to Andy Wang and Ryan Wong.  Thinh Nguyen was unable to attend the Council meeting.

(#4.4) Recognition of the “It Happens” 2013 Advertising Campaign Contest:  Mary Mitchell, Calvin Smith, and Megan Williams and Campaign Update.  Presentation by Cathy DeLuca, Street Smarts Coordinator.

Cathy DeLuca, Street Smarts Coordinator, said that the It Happens” 2013 Advertising Campaign Contest is a teen traffic safety campaign which promoted different ways to get to school.  The winning entries will be distributed in the fall throughout the San Ramon Valley and available on buses, street banners, and transit shelters.  She introduced Lindsay Gaudinier, the “It Happens” Program Leader.  Calvin Smith, a California High School junior, won in the driving safety category for his original artwork entitled “Texting: Was it Worth It?”   Mary Mitchell, a California High School sophomore, won in the walking category for her entry titled “Don’t Burn Fuel, Walk to School”.  Megan Williams, a California High School senior, won in the skateboard category for her entry titled “Skate Fast, Save Gas”.  Mayor Clarkson presented certificates to Mr. Smith and Ms. Mitchell and congratulated them on their winning ads.  Vice Mayor Hudson noted that U.S. Department of Transportation Secretary Ray LaHood views texting as the biggest problem for safe driving and suggested forwarding Mr. Smith’s ad to him.  Mayor Clarkson thanked Ms. DeLuca for her dedication.

* * * *

PUBLIC COMMENT

Joan Michel-Lehman, resident, informed the Council about a serious problem at the Falcon Bridge condominiums in San Ramon.  This is a large complex with many children who tend to play in driveways.  She is concerned that someone may get hurt.  She reported the problem to the housing management but they do not seem interested in initiating a safety program for residents.  She identified two City parcels: one at Copperset and North Gale Ridge and one at Dougherty and Bollinger Canyon.  The existing park at Copperset is undeveloped and unattractive to children.  She asked the Council for their support and direction in order to find a solution for this problem.  Mayor Clarkson stated that staff will contact Ms. Michel-Lehman.

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CITY COUNCIL APPOINTMENTS

(#6.1) Transportation Advisory Committee Appointments.

Lisa Bobadilla, Transportation Division Manager, provided the report.  The Transportation Advisory Committee (TAC) is comprised of six members of the San Ramon community and one representative from the San Ramon Chamber of Commerce.  Notice of the TAC vacancies were posted to the city’s website.  Applications were received from Robert DuPont and Bijal Patel.  The Planning Commission interviewed both applicants on June 4, 2013.  The Commission recommended that the City Council appoint Mr. DuPont and Mr. Pital to the TAC for terms to run through June 30, 2015.

Vice Mayor Hudson’s motion to appoint Bijan Pital and Robert DuPont to serve on the TAC for terms to run through June 30, 2015 was seconded by Cm. Livingstone and passed 4-0-1-0.  Cm. Perkins was absent.

* * * *

APPROVAL OF MINUTES

(#7.1) Minutes of the May 28, 2013 regular meeting.

Vice Mayor Hudson’s motion to approve the May 28, 2013 regular City Council minutes was seconded by Cm. Livingstone and passed 4-0-1-0.  Cm. Perkins was absent.

* * * *

CONSENT CALENDAR

(#8.1) Ordinance No. 438 – Adopting Updates to the City of San Ramon’s Emergency Management Ordinance.

(#8.2) Minute Order No. 2013-020 – City Council Designation of Mayor Clarkson as the Voting Delegate and Vice Mayor Hudson and Cm. Perkins as Voting Delegate Alternate to the League of California Cities 2013 Annual Conference.

(#8.3) Minute Order No. 2013-021 – Authorizing the City Manager to Enter into Annual Contracts with Kris Milligan and Bay Area Children’s Theatre for Contracts Which are Expected to Exceed $50,000 Annually.

(#8.4) Resolution No. 2013-055 – Approving the Statement of Investment Policy for Fiscal Year 2013-2014.

(#8.5) Resolution No. 2013-056 – Recommending a Voluntary Campaign Expenditure Limitation for the 2013 Municipal Election.

(#8.6) Resolution No. 2013-057 – Accepting Certain Trail and Storm Drain Dedications and Improvements in RA 1133 for Maintenance (Windemere BLC Land Development Company, LLC).

(#8.7) Resolution No. 2013-058 – Approving Amendment No. 1 to the City of San Ramon Unrepresented Miscellaneous Employees Memorandum of Understanding.

(#8.8) Resolution No. 2013-059 – Authorizing the Mayor to Execute Amendment No. 3 to the Agreement with Casey Printing, Inc. for the Printing of the Recreation Guide, San Ramon Restaurant Guide, Performing Arts Season Brochure, and City Newsletters for a Time Extension from July 1, 2013 to June 30, 2014 and in an Additional Amount Not to Exceed $66,500.

(#8.9A) Resolution of the 2013-060 – Authorizing the Mayor to Execute Amendment No. 3 to the Memorandum of Understanding Between the City of San Ramon, Contra Costa County, and the Contra Costa Community College District for the Operation of the Dougherty Station Library for Fiscal Year 2012/13 in an Amount Not to Exceed $15,264.

(#8.9B) Resolution No. 2013-061 – Authorizing the Mayor to Execute Amendment No. 4 to the Memorandum of Understanding Between the City of San Ramon, Contra Costa County, and the Contra Costa Community College District for the Operation of the Dougherty Station Library for Fiscal Year 2013/14 in an Amount Not to Exceed $22,396.

Cm. Livingstone’s motion to adopt items 8.1 through 8.9 was seconded by Vice Mayor Hudson and passed 4-0-1-0.  Cm. Perkins was absent.

* * * *

UNFINISHED BUSINESS

(#9.1) Public Hearing:  Resolution No. 2013-062 – Confirming the Landscaping and Lighting District No. 1984-1 District Diagram and Assessments and Levying the Landscaping and Lighting District No. 1984-1 Assessments for Fiscal Year 2013/14.

Julie Vargas, Senior Administrative Analyst, presented the report.  Landscaping & Lighting District No. 1984-1 (District) was formed in 1984 and has been re-established each year by Council action.  The District includes two citywide zones and seventeen special zones.  Property owners within each zone pay an annual assessment to fund the maintenance of public landscaping and street lighting within that zone.  Resolution No. 2013-027 described new improvements and ordered the District Engineer to prepare and file the Engineer’s Report for FY 2013/14.  Resolution No. 2013-052 approved the Landscaping & Lighting District No. 1984-1 Engineer’s Report for FY 2013/14, adopted a resolution of intention to levy and collect assessments for FY 2013/14, and set a public hearing for June 11, 2013.  After the public hearing and adoption of Resolution No. 2013-062, staff will prepare the database of parcels and the corresponding assessments to be included on the property tax roll and submit this data to the Contra Costa County Assessor’s Office by August 10, 2013. 

Ms. Vargas described how assessment rates are determined.  The February 2013 CPI increase is 2.45%.  The maximum allowable assessment rate increase for Zones 1 and 2 is 2.0% for FY 2013/14.  Staff recommended that the FY 2013/14 assessments for Zones 1 and 2 be increased by the allowable CPI increase, or $1.77 per unit per year.  The Zone 1 assessment will increase by $0.56 raising the assessment to $28.49.  The Zone 2 assessment will increase by $1.21 raising the assessment to $61.53 for a total combined assessment of $90.02 annually.  The assessment increases will allow those zones to build reserves for capital improvement projects.  Currently Zone 2, Citywide Landscaping, has over $1 million in CIP projects for landscaping improvements on major arterial streets which cannot be implemented due to inadequate funding.

The current maximum rates for Zones 3 through 12 were set through a mailed ballot election in May of 1997.  Zones 13 through 19 were created after 1997, and their maximum assessment rates were established through property owner balloting at the time of their creation.  During the formation and balloting process for Zone 18 (Old Ranch Summit) and Zone 19 (Glass House) property owners also approved the maximum rate to be increased by up to 2% each year based upon changes in CPI.  Staff recommended no assessment rate increases for any of the Special Zones for FY 2013/14.  A future ballot may be proposed to increase the assessment rates next year based on CPI.

The proposed 2013/14 projects include: Irrigation Controller Upgrades; Citywide Landscaping (Zone 2); Special Zones; Crow Canyon Median Landscaping; Soundwall Repair (Zone 2); and Citywide Landscaping Planting Renovation (Zone 2).  The five year planting renovation plan will address the age and health of plant material, missing pant material, high visibility locations, and obtain resident and HOA input.  She described the six locations identified for 2013-14 proposed projects.  Cm. O’Loane asked if staff is aware of the repairs planned for Alcosta Boulevard (BR15 Norris Canyon Road).  Ms. Vargas responded that staff will check with Engineering and coordinate any work.  Mayor Clarkson asked if there is a solution for the deficit in Zone 2 deficit ($345,000).  Ms. Vargas stated that the City has $360,000 set aside for Citywide landscaping special projects.  The Citywide irrigation upgrades are almost complete and no other major projects are planned for the near future which would draw down reserves.  Ms. Vargas noted that staff is requesting an increase in next year’s Citywide landscaping and that the reserve study shows a positive reserve fund balance.

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

Mayor Clarkson closed the public hearing.

Vice Mayor Hudson’s motion to adopt Resolution No. 2013-062 was seconded by Cm. Livingstone and passed 4-0-1-0.  Cm. Perkins was absent.

* * * *

NEW BUSINESS

(#10.1) Resolution No. 2013-063 – Amending Section 4 of Resolution No. 2012-004
in Order to Designate the City of San Ramon as Housing Successor in Place of the San Ramon Housing Authority and Requesting that the City of San Ramon Successor Agency Formally Approve and Transfer the Housing Assets to the
City.

Bob Saxe, Interim City Attorney, presented the report.  The legislation which dissolved all Redevelopment agencies in the state, transferred all housing assets to the Successor Agency (SA) regardless of what the deeds stated.  At that time, San Ramon determined that the best course of action was to reactivate the Housing Authority (HA) and transfer the functions to the HA.  The housing assets were not transferred from the SA to the HA because of the flux in the applicable law.  Mr. Saxe explained that there are three reasons why it makes more sense for the City to assume that function.  The HA is required to operate as a separate legal entity, and as such, must operate under additional legal and administrative constraints.  The disadvantages to having a HA outweigh the advantages because the HA has constraints in terms of how it functions.  California law provides that a HA can only carry out projects for low and very low income households (Health and Safety Code Section 34312), and therefore, the former Agency properties and funds would be limited in this way.  If the City is the housing successor, the former Agency properties and funds could be used on programs and projects for low and moderate income housing properties.  The Housing Authority Law could restrict funding used for Crime Free Program Police Officers to only those housing developments which are low income restricted.  If the City is the housing successor, it would be less complicated to fund additional police officers for the Crime Free Program because the City would simply apply the same limitations that were in place when the former Agency was in existence.  There are some jurisdictional issues between the local HA and the Contra Costa County Housing Authority, and a cooperation agreement would need to be agreed upon and executed between the two housing authorities.  The purpose of Resolution No. 2013-063 is to rescind Section 4 in Resolution No. 2012-004 selecting the HA as the housing successor and instead designate the City as the housing successor. 

Cm. O’Loane commented that the City is essentially reversing its position after further review of the legislation.  Mr. Saxe said this is correct.  Vice Mayor Hudson said that the City is not reversing its position.  It is a situation in which the state was trying to make the City responsible for Redevelopment.  He stated his support for the Resolution. 

Vice Mayor Hudson motion to adopt Resolution No. 2013-063 was seconded by Cm. Livingstone and passed 4-0-1-0.  Cm. Perkins was absent.

(#10.2) Informational Report:  San Ramon Iron Horse Trail Bicycle/Pedestrian Overcrossing Phase Two – Community Engagement/Outreach and Preliminary Design.

Lisa Bobadilla, Transportation Division Manager, provided the report.  She recognized the contributions of City Engineer Brian Bornstein and Associate Engineer Theresa Peterson on the Project.  She reviewed the background for Phases I and II, the project funding, the Corridor Concept Plan findings, the participants, the planning process, project site and context for Crow Canyon Road and Bollinger Canyon Road crossings, visioning ideas, three alternatives and their costs, and the project status for Phase II.  Staff processed a Request for Proposal for Phase II and Biggs Cardosa and Associates were selected.   Ms. Bobadilla reviewed the feedback from the Policy Committee which included suggestions for engaging the community and stakeholders and community outreach.  Staff will summarize the findings of the community outreach, select three design options and prepare visual simulations for Council review.  Staff will finalize discussions with the Contra Costa Transportation Authority (CCTA) regarding responsibilities for administrative oversight and staff support for Phase III. 

Vice Mayor Hudson asked how wide the bridge will be taking into consideration that the Iron Horse Trail is eight feet wide with 18 inches on each side.  He also questioned how much lead-in will be required for ADA compliance.  He requested that this information be secured before obtaining community input because that will impact the design selection.  Cm. Livingstone estimated 12 feet.  Ms. Bobadilla stated that staff will have information on the width and scope of what can be built before any concepts are presented to the Council.  She noted that the cost estimates are based on three bridge concepts and each of these designs can be built at both locations.  Vice Mayor Hudson requested that staff obtain information for the ADA sloping requirement.  Ms. Bobadilla introduced Project Manager Mahvash Harms who provided additional information.  Ms. Harms stated that the bridge will be between 10 to 12 feet wide.  Depending on the final design, the ADA requirement may be a 400 foot ramp on either side.  Cm. O’Loane questioned the source of the preliminary $5-10 million cost estimate.  Ms. Bobadilla stated that these cost estimates are from 2009.  Construction funding may be available from CCTA, state, and federal sources.  She noted that funds have been secured for Phase II.  Once the final designs are selected, staff will work with the transportation agencies to secure construction funding.  Cm. O’Loane asked for the time frame for Phase III.  Ms. Bobadilla stated that Phase II should be completed within 12-18 months.  In 2014, CCTA will open the next round of Transportation for Livable Community funding.  The County will open pedestrian/bicycle funding.  In 2015, One Bay Area (OBA) funding will be available.  Ms. Bobadilla stated that the timelines are realistic.  Cm. O’Loane asked if Priority Development Areas receive extra points when competing for funding.  Vice Mayor Hudson noted that San Ramon did well on the first round of OBA grants but did not receive funding.  The problem with OBA funding is that federal funds are involved and they must be spent in 18 months.  The City could not guarantee that the project would be completed in time.  If San Ramon can strengthen its position, it will fare better in the next round with a maximum potential award of $6 million.   

Mayor Clarkson questioned the plans for funds allocated for the Iron Horse Trail (IHT) landscaping project.  Engineering Division Manager Robin Bartlett responded that the City is working with the County.  The County is concerned about environmental impacts from the old railroad use.  Mr. Bartlett responded that San Ramon submitted a plan for additional testing and will then assess any mitigation and the cost.  Vice Mayor Hudson said that there are several areas along the trail with this problem.  Cm. O’Loane asked if there is any balancing in recognition of car exhaust.  Mr. Bartlett replied that there is not.  The County is concerned about a very specific impact and the need to address it.  Vice Mayor Hudson stated that, for other grants, the Metropolitan Transportation Commission may measure greenhouse gases and cost effectiveness.  Mayor Clarkson thanked Ms. Bobadilla for her hard work on a great project.

Vice Mayor Hudson’s motion to receive the report was seconded by Cm. Livingstone and passed 4-0-1-0.  Cm. Perkins was absent.

* * * *

CITY MANAGER COMMENTS

City Manager Greg Rogers informed the Council that White Oak Landscape, Inc. submitted its 30 day notice to terminate their turf mowing contract with the City.  Jeff Gault, Public Services Division Manager, provided additional information.  A new contract needs to be in place by July 1, 2013 to provide this service.  White Oak’s contract covered mowing services for 20 City parks.  Mr. Gault noted that this contract is the last piece of landscape work not provided by FloraTech.  FloraTech has a very large contract and he suggested that the City not use one company for all of its landscape and mowing services.  He stated that Cagwin and Dorward Landscape Contractors were ranked third in the last Request for Proposal process.  They are prequalified, willing, and able to assume the last two years of White Oak’s contract comparable to White Oak’s price.  Upon Council direction, staff will prepare a resolution authorizing a two year contract between the City and Cagwin and Dorward for turf mowing services.  Cm. O’Loane asked the City Attorney if there are any related legal issues.  Mr. Saxe stated that there are not and that the City would have extended White Oak’s contract.  Using a prequalified vendor allows the City to secure needed services within the required timeline.

* * * *

PUBLIC COMMENT

* * * *

CITY COUNCILMEMBERS’ AND MAYOR’S COMMENTS

Vice Mayor Hudson suggested that the Council walk the proposed Iron Horse Trail overcrossings so that they will be able to visualize the design concepts.

Cm. O’Loane congratulated Interim City Attorney Bob Saxe on his 50th Notre Dame Law School reunion.

Mayor Clarkson reminded residents that there are Farmers Markets on Saturday at Bishop Ranch 1 and Thursdays at Bishop Ranch 3.  A new Wednesday Farmers Market opened in Dougherty Valley on June 5, 2013 near Tiffany Roberts Field and the first night was very successful.  He encouraged residents to attend the June 24, 2013 Town Hall meeting at Dougherty Station Community Center.  Two sessions will be held at 10:00 a.m. and 7:00 p.m.  He encouraged people to sign up for the July 4th Run San Ramon Fun Run.  Information is available on the City’s website.

* * * *

ADJOURNMENT

At 8:52 p.m., there being no further business, Mayor Clarkson adjourned the meeting.

Signed:
Bill Clarkson, Mayor
Patricia Edwards, City Clerk

Approved as presented at the July 9, 2013 City Council meeting 4-0-1-1; O'Loane absent; Perkins abstain.

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