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MINUTES OF THE
CITY OF SAN RAMON COUNCIL MEETING
November 12, 2013

A regular meeting of the City Council of the City of San Ramon was held November 12,  2013 at 6:30 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, Interim Police Chief Joe Gorton, Transportation Division Manager Lisa Bobadilla, Senior Engineer Brian Bornstein, Chief Building Official Vance Phillips, Public Services Director Karen McNamara, 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: Steve Harman, Karen McNamara, Eva Phelps, 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: Maria Fierner, Steve Harman, and Eva Phelps Concerning Negotiations with SEIU Local 1021.

At 6:31 p.m., the Council convened to Closed Session Pursuant to: (1) Government Code Pursuant to Government Code §54957.6 to meet with the City Council’s Labor Negotiators: Steve Harman, Karen McNamara, Eva Phelps, and Bob Saxe concerning Negotiations with the San Ramon Police Officers Association; and (2) Government Code §54957.6 to meet with the City Council’s Labor Negotiators: Maria Fierner, Steve Harman, and Eva Phelps Concerning Negotiations with SEIU Local 1021.  All Councilmembers were present. 

At 7:14 p.m., Mayor Clarkson reconvened the Council meeting with all Councilmembers in attendance.  Mayor Clarkson reported that the Council unanimously gave direction to staff regarding Closed Session items 1.1 and 1.2.

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PLEDGE OF ALLEGIANCE

The San Ramon Police Department Honor Guard presented the colors.  Gayle Larson, Field Representative for Assemblymember Joan Buchanan, led those present in the pledge of allegiance.

* * * *

ANNOUNCEMENTS

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

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CONSENT CALENDAR

Mayor Clarkson requested that item 4.7 be deferred for a staff report.

(#4.1) Minute Order No. 2013-026 – Accepting the Work by MCK Services Inc. for the Construction of the 2013 Pavement Management Project (CIP 5509) as Complete and Authorizing the City Clerk to File a Notice of Completion with the County Recorder's Office.

(#4.2) Minute Order No. 2013-027 – Authorizing the Mayor to Attend the United States Conference of Mayors in Washington, D.C. on January 22-24, 2014.

(#4.3) Minute Order No. 2013-028 – Approving the Second Addendum to the City of San Ramon Agreement for Employment of City Manager and Authorizing the Mayor to Execute the Second Addendum.

(#4.4) Resolution No. 2013-098 – Authorizing the Mayor to Execute an Agreement with Marina Landscape, Inc. for the Construction of the Crow Canyon Road Median Landscaping Project (CIP 5351) in an Amount Not to Exceed $435,835.

(#4.5) Resolution No. 2013-099 – Authorizing the Mayor to Execute an Amendment to the Agreement with TRB and Associates, Inc. to Provide Building Inspection and Plan Check Services in an Amount Not to Exceed $151,000.

(#4.6) Resolution No. 2013-100 – Authorizing the Establishment of a New Capital Improvement Project, Library Expansion and Renovation Project (CIP 5567), into the Adopted 2013-2018 Capital Improvement Program and Appropriating $40,000 from the General Fund for Phase I into the Fiscal Year 2013/14 Capital Budget.

Cm. Livingstone’s motion to adopt items 4.1 through 4.6 was seconded by Cm. Perkins and passed 5-0. 

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SPECIAL PRESENTATIONS

(#5.1) Federal Update Provided by Congressman Eric Swalwell (via Skype).

Congressman Swalwell provided an update via Skype on his activities during his first year in office.  He serves on the Science, Space and Technology Committee and the Energy Committee.  His three legislative priorities include: local economic development; clean energy resources; and passing comprehensive immigration reform.  He is aware of the impact in California as a result of terminating redevelopment.  He is introducing legislation entitled the “Restart Local Economies Act of 2013” to make funds available to impacted cities through the Economic Development Administration.  He is a member of the United Solutions Caucus which now has 30 bipartisan members to cut spending and find new revenues.  Cm. Perkins commented that immigration reform will probably not happen this year and asked what might happen next year.  Congressman Swalwell reported on the legislative status and hopes that legislation will benefit the immigrants.  He stated that he will meet with Mayor Clarkson in Washington in January 2014.

(#5.2) Recognition of Police Chief Scott Holder on His Retirement from the City of San Ramon.  Presentation by Mayor Clarkson.

City Manager Greg Rogers thanked Police Chief Scott Holder for his service to the City.  He stated that Chief Holder was a great team player and well integrated with the rest of the City.  He stated that Chief Holder knew what type of team he was building for the community with the Police Department.  Chief Holder’s legacy is that a strong group will follow through and provide continuity.  Interim Police Chief Joe Gorton introduced the members of Chief Holder’s family who were in attendance.  He provided a summary of Chief Holder’s law enforcement career.  Interim Chief Gorton stated that it is important to get the right fit for the community in law enforcement.  He recognized Chief Holder as a leader, mentor, and friend.  District Director Cheri Greven, representing Congressman Swalwell’s office, presented Chief Holder with a United States flag which flew over the capitol in his honor.  Gayle Larson, Field Representative for Assemblymember Joan Buchanan, and Jonathan Uriarte, District Representative for Senator Mark DeSaulnier, presented Chief Holder with a proclamation thanking him for his leadership and especially for the resources directed to schools and youth, and for his dedicated and effective law enforcement.  Mayor Clarkson presented Chief Holder with a proclamation from the City recognizing his career, service, and leadership.  He thanked Chief Holder for facilitating the transition from a contract to a City Police Department.  Cm. Perkins thanked Chief Holder for his service to the City and for the quality of the Police force.  He stated that the City experienced a reduction in Category 1 crimes under Chief Holder and commended Chief Holder for his relationship with the community.  Cm. Livingstone stated that he respects Chief Holder for his honesty and straight forwardness.  He complimented Chief Holder for his selection of Police officers and wished him well.  Cm. O’Loane stated that Chief Holder is dedicated to the Police Department and to his family.  Mayor Clarkson stated that he is appreciative of Chief Holder’s actions and leadership for his fellow officers.  Chief Holder thanked City Managers Greg Rogers and Herb Moniz.  He thanked the 2006 City Council for making the best decision for the City at the right time by establishing a City Police Department.  He thanked the Police Department staff and stated that he is proud of their accomplishments.  He thanked his parents and his wife for her understanding.  He presented Interim Chief Gorton with his badge, #1 Chief.  The audience recognized Chief Holder with a standing ovation.

(#5.3) Proclamation Designating November 2013 as National Pancreatic Cancer Awareness Month.  Presented to Joe Hackman, Pancreatic Cancer Action Volunteer, by Mayor Clarkson. 

Mayor Clarkson presented the proclamation to Joe Hackman, Pancreatic Cancer Action Volunteer.  Mr. Hackman thanked the Council for the proclamation and their support.  He stated that it is very important to raise awareness of pancreatic cancer.

(#5.4) Informational Report:  San Ramon Valley School District Plans to Accommodate Students.  Presentation by Gary Black, Assistant Superintendent, and Terry Koehne, Community Relations Director.

Community Relations Director Terry Koehne thanked the City for its partnership with the San Ramon Valley School District (SRVSD).  The SRVSD is a growing district with enrollment increases averaging 2-3% per year.  The District’s annual operating budget is $238 million with an additional $17 million per year from parent and private donations.  He noted that elementary schools in Dougherty Valley are the most impacted and include Coyote Creek, Hidden Hills, Live Oak, and Quail Run.  The District is conducting a full demographic study.  The District anticipates that students from the Faria Project, the St. James Project, and the City Center are slated to go to Twin Creeks Elementary.  At this time, the District believes that the projected growth in the 94583 area does not warrant a new school.  The impact will be felt at the elementary, middle, and high school levels.  The District projects that it will receive $6 million from developer fees in San Ramon.  This is not enough money to build an elementary school.    He acknowledged the need for a new elementary school in Dougherty Valley.  He stated that Dougherty Valley High School expansion plans include a new classroom wing and relocatable quad to accommodate the anticipated 500 additional students.

Cm. Perkins asked if the school age child density is higher in San Ramon than other areas since San Ramon is a destination district and how the District accounts for the higher density in new developments.  Assistant Superintendent Gary Black responded that student generation numbers are tracked and adjusted by each new development.  Cm. Perkins questioned the Dougherty Valley design versus the actual numbers of students.  Mr. Black replied that any new developments have been allocated student generation rates similar to current Dougherty Valley data using the highest student generation numbers.  He stated that the housing turnover rate impacts the District as much as the student generation rate.  The student generation rate can be tracked.  Projecting housing turnover and mobility factor is more difficult.  The existing housing turnover in the last 3-4 years generated 60% of the growth and is really straining school facilities.  Cm. Perkins noted that the new elementary school in Dougherty Valley will have a capacity of 800 students.  He questioned how the middle schools will handle the additional capacity.  Mr. Black responded that elementary classroom capacity can be increased with relocatables.  Capacity issues are different for middle and high schools.  He anticipates that the additional 100-200 students per site is a temporary situation.  Cm. Perkins asked if the District will look at redistricting.  Mr. Black stated that the District will evaluate all options.  Mr. Koehne added that Twin Creeks cannot handle the number of projected students.  The District will look at where the developer fees can be strategically used.  Changing boundaries may be considered.  Cm. Perkins asked if the developer fees will be used to benefit the students coming from those projects.  Mr. Black stated that developer fees by definition are used to handle growth.  There will not be enough to handle all facility needs.  Fees will be used at the school or area with the highest need.  Cm. O’Loane noted that the District’s standard is to build where it is needed.  Mr. Black stated that a relocatable costs about $40,000 and will be in its location for quite a while.  Cm. O’Loane asked for an explanation of ‘turnover’.  Mr. Black stated that families moved to Dougherty Valley for the schools and downsize more quickly than traditionally.  The District hopes to hit an equilibrium.  With the exception of Dougherty Valley, the mobility factor is driving the congestion in middle and high schools.  Cm. O’Loane asked if ‘special needs’ impacts equal access for other students.  Mr. Koehne stated that the ‘flow through model’ keeps students of comparable abilities together in selected schools.  Vice Mayor Hudson stated that none of the student congestion problem was unforeseen and that there is no surplus.  The District has known since 2002 what the build out is.  He stated that 1,200 students in one elementary school is not desirable.  He requested that the District take another look at the additional 9,600 homes which will be built in San Ramon.  Another elementary school should be built to accommodate the Faria Project students.  Mayor Clarkson questioned the capacity of Baldwin and Greenbrook Elementary schools.  Mr. Koehne stated that they were built for 720 students prior to class size reduction.  There is current capacity at most Danville schools.  He reviewed the capacity versus enrollment for Bollinger Canyon, Country Club, Montevideo, Neal Armstrong, Twin Creeks, and Walt Disney schools.  Mayor Clarkson noted that it appears that there is space in some schools and asked if the District anticipates that these spaces will be filled based on current trends and their projections.  Mr. Black stated that, based on the current mobility factor and new developments, the District needs developer fees for portables to accommodate elementary students.  Mayor Clarkson remarked that there appear to be spaces but not where the students are.  The question is whether to build an elementary school at a cost of $40 million when potential spaces are available for anticipated growth.  He asked the District how it is planning for the anticipated middle and high school crunch.  Mr. Black stated that the District has no plans for additional land or buildings so the District will add capacity at existing sites via relocatables.  Without outside funding, he acknowledged that the developer fees are insufficient for the District’s needs.  Mayor Clarkson stated that state law does not allow the City to stop development and building because of school capacity and space.  He believes that the District has a handle on the elementary issue and asked how the District plans to solve the middle school and high school issues in San Ramon.  Vice Mayor Hudson stated that the District does not have a handle on the elementary school problem.  The elementary schools are impacted and are not really built for 720 students.  He believes that the people working in San Ramon want their children to attend San Ramon schools for twelve years.  He stated that the right solution has been underestimated and more portables is not the solution to the problem.  He asked how the District will solve the problem.  Mr. Black stated that the District has only $6 million to deal with the impacts.  Mayor Clarkson thanked Mr. Koehne and Mr. Black for coming and stated that the City and District will continue their dialogue.

* * * *

Mayor Clarkson requested a break at 8:52 p.m.  The Council reconvened at 9:00 p.m. with all Councilmembers in attendance.

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PUBLIC COMMENT

Bill Meine, resident, stated that he did not expect to win the mayor’s seat and became a write-in candidate in order to let San Ramon residents know that they had another voice.  He stated that the City Hall announcement was untimely and did not allow him to file as a candidate.  The new City Hall will be located where the basketball courts are currently located and will be surrounded by the skate park, a baseball diamond, and the Bollinger Canyon overcrossing.  The City will have to pay to move the courts to another location which may not be as popular as the current site.  He stated that an ideal location for the City Hall is the on the corner of Alcosta Boulevard and Bollinger Canyon.  He noted that less than 7,000 votes were cast in the election which represents less than 15% of the City’s population.  Mayor Clarkson received 90% of the votes which were cast but 90% of 15% is not a mandate.  He asked the Council if the City Hall being proposed is what the majority of San Ramon citizens want or whether it is what the Council wants.

Donna Kerger, resident, described Police Chief Holder as a man of character and one of San Ramon’s jewels.  He brought dedicated and caring individuals to the San Ramon Police Department who have a sense of community and caring.  Through the Department staff, Chief Holder’s legacy to the City will continue.

Carl Russell, resident, expressed concern regarding the unsafe conditions of crossing the flood control channel at the Sports Park.  Improved access is needed to enhance public safety and improve the environment.  He stated that the problem began when Lennar abandoned the three culvert crossings which were built at the entrances to the Park.  He stated that the continuous foot traffic of 50 people per day across the channel to access the Park has led to landscaping debris, trash, damaged irrigation pipes, and animals. He asked the Council to add this project to the 2014-15 budget or require Lennar to finish the project.  Mayor Clarkson asked Mr. Russell if he has contacted City staff.  Mr. Russell stated that he sent an email to Engineer Robin Bartlett just that day. 

* * * *

DEFERRED CONSENT ITEMS

(#4.7) Resolution No. 2013-101 – Authorizing Additional Funding to Increase Police Services Staffing by Four New Police Officers and Two Temporary Part-Time Police Services Technicians.

Interim Police Chief Joe Gorton provided the staff report.   On July 23, 2013, Chief Holder presented a report to the Council which detailed the need for increased Police Department staffing.  The need for increased staffing is based on: increased response times; increased population; property crime increases; and consideration of the City’s geographical area.  Chief Holder recommended that police staffing be increased by four Police Officers which would allow the Department to add a sixth policing area or “beat”.  Chief Holder also recommended the addition of two part-time temporary Police Service Technicians to assist in patrolling the 53 parks located in the City.  An estimate of the costs needed to fund the additional staff request was made on October 21, 2013 to the Finance Committee and approval was granted to bring the item before the City Council.

Interim Police Chief Gorton reviewed the Entry Level Police Recruit Process. Prospective officers would be sent to the Law Enforcement Training Center (police academy), hired as Temporary Employees, and paid an hourly wage without benefits.  Upon successful completion of the Academy, the recruits will be hired as Police Officers with full benefits at the bottom of the pay range schedule.  After the Entry Level Testing Process is completed, Police Services staff will begin the recruitment for Lateral Police Officer.  Lateral Police Officers come at a higher cost due to PERS rates.  Their starting pay is higher in the salary range based upon experience level.  The cost of salary and benefits for a lateral officer is approximately $165,000 per year.  The cost of salary and benefits for an entry level Police Officer who is new to the PERS retirement system is approximately $132,000 per year.  The additional funding needed for Fiscal Year 2013-14 is $161,000.  The additional funding needed for Fiscal Year 2014-15 is $640,820 to cover the costs of the new officers.

There were no questions from the Council.  Cm. Perkins’ motion to adopt Resolution No. 2013-101 was seconded by Cm. Livingstone and passed 5-0. 

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CITY COUNCIL APPOINTMENTS

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APPROVAL OF MINUTES

(#9.1) Minutes of the October 22, 2013 regular meeting.

Cm. Perkins’ motion to approve the October 22, 2013 regular City Council minutes was seconded by Cm. Livingstone and passed 5-0.

* * * *

UNFINISHED BUSINESS

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NEW BUSINESS

(#11.1) Resolution No. 2013-102 – Authorizing the Mayor to Execute a Contract Between the City of San Ramon and Biggs Cardosa Associates, Inc. for Community Engagement/Outreach and Preliminary Design for the Iron Horse Trail Overcrossings at Bollinger Canyon Road and Crow Canyon Road (CIP #5530 and #5531) in an Amount Not to Exceed $200,700.

Transportation Division Manager Lisa Bobadilla provided the background and funding for the San Ramon Valley Iron Horse Trail Corridor Concept Plan.  She reviewed the project sites and context for the Crow Canyon Road and the Bollinger Canyon Road crossings.  She presented the consultant’s visionary ideas, alternatives, and cost estimates.  She described the process to select the consultant for the Community Engagement/Outreach and Preliminary Design work to be done in Phase II and estimated that it will take 12 to 18 months to complete.  Updates will be provided to the Council.

Mayor Clarkson opened the public comment.

Jeff  Beadle, resident, expressed several concerns.  These included: that the solution is not conducive to all Iron Horse Trail (IHT) users based on the bridge’s grade; aesthetics; traffic mitigation on Bollinger and current traffic issues.  He noted that the IHT needs to be repaved.  He asked who would pay for this infrastructure and that the City could pursue a better street based solution.   

Mayor Clarkson asked what the overcrossing’s slope would be.  Senior Engineer Brian Bornstein stated that a 5% slope is the maximum for ADA accessibility.  This requires a 900 to 1,000 feet footprint.  Vice Mayor Hudson asked if this overcrossing will eliminate the crosswalk.  Mr. Bornstein stated that a final determination has not been made.  Cm. Perkins stated that people could cross at the traffic light at Market Place and at the street level at the traffic lights to the north or to the south.  The Overcrossing allows a separation of traffic and pedestrians and enhances safety.  This project will reduce congestion during commute times by providing an alternative pedestrian crossing option as traffic will not need to stop to allow pedestrians to cross the street.  Cm. O’Loane asked if Bollinger Canyon is considered a priority over Crow Canyon for the Project.  He questioned if money could be saved if only one site was studied.  If both locations are studied and the City proceeds with Bollinger, he asked if the Crow Canyon design will be dated by the time the City is ready to build it.  He suggested that the study focus on Bollinger.  Mayor Clarkson asked if it is necessary to evaluate both sites.  Ms. Bobadilla stated that the objective was to do outreach and engage the community and obtain input and feedback on both sites.  If the Council prefers to focus on Bollinger, the scope of work can be modified to focus on one site.  Vice Mayor Hudson stated that the IHT maintenance is the responsibility of the East Bay Regional Parks District.  If the project is delayed, he is concerned that there will be a change in the way people look at how they get to work.  He anticipates that bike and pedestrian traffic will increase as more businesses locate in Bishop Ranch.  He suggested that the study look at a 12-14 foot wide versus 10 foot wide overcrossing.  Cm. Perkins prefers to move forward with Bollinger versus Crow because the City will have funding to build only one overcrossing.  He supports putting all of the funds toward Bollinger which will make more progress more quickly and that there is more urgency for a crossing at Bollinger.  Cm. O’Loane asked if it was marginally more expensive to look at both sites.  Ms. Bobadilla stated that the bulk of the funding will not be spent on obtaining community feedback but on evaluating the cost estimate, constructability, and preliminary engineering for two locations versus one site.  If the community is going to be engaged, this provides an opportunity to obtain input for both sites. 

Vice Mayor Hudson’s motion to adopt Resolution No. 2013-102 was seconded by Cm. O’Loane.  Cm. Perkins requested that the public outreach ask residents if they have a preference for which location should be constructed first.  If there is a preference, the construction funding should focus on their choice.  Interim City Attorney Bob Saxe stated that the Resolution contemplates both Bollinger and Crow and directs the contract to go forward.  The contract would need to be revised if there is a change in the Council’s direction.  The bulk of the expense will be the design portion rather than the public outreach.  Vice Mayor Hudson questioned whether the Resolution’s wording needs to be changed to focus on Bollinger.  Mr. Saxe stated that he is more concerned with the contract.  The Resolution says to go full blast on two locations.  Vice Mayor Hudson amended his motion on the Resolution to focus on Bollinger Canon.  Mr. Bornstein stated that there will be an economy of scale if the City looks at the whole project.  When applying for funding through TIGER grants, it is necessary to include a larger corridor.  The next phase focuses on the full blown design.  Vice Mayor Hudson withdrew the amendment to his original motion.  His motion to adopt Resolution No. 2013-102 was seconded by Cm. O’Loane.  Cm. Perkins said that it is important to consider the scale of the project for future grants.  The motion carried 5-0.

(#11.2A) Public Hearing:  Introduction of Ordinance (next in line) – Repealing and Replacing Chapter I California Building Code of Title C, Division C1 of the City of San Ramon Municipal Code.

(#11.2B) Public Hearing:  Introduction of Ordinance (next in line) – Adopting by Reference the California Mechanical Code of 2013 Subject to Certain Modifications.

(#11.2C) Public Hearing:  Introduction of Ordinance (next in line) – Adopting by Reference the California Plumbing Code of 2013 Subject to Certain Modifications.

(#11.2D) Public Hearing:  Introduction of Ordinance (next in line) – Adopting by Reference the California Electrical Code of 2013 Subject to Certain Modifications.

(#11.2E) Public Hearing:  Introduction of Ordinance (next in line) – Repealing Chapter V, Division C1 (Uniform Solar Energy Code) and Adopting by Reference the California Residential Code of 2013 Subject to Certain Modifications.

(#11.2F) Public Hearing:  Introduction of Ordinance (next in line) – Repealing Chapter VIII, Division C1 (Uniform Sign Code), and Adopting by Reference the California Green Building Standards Code of 2013 Subject to Certain Modifications.

Chief Building Official Vance Phillips is recommending four amendments: two to the California Building Code (CBC) and two to the California Residential Code (CRC). Due to the City’s location near earthquake faults and damage from past earthquakes, these amendments provide for additional structural upgrades to the minimum provision provided in the Codes.  The amendments address the problem of poor performance of plain or unreinforced concrete footings, Gypsum Board bracing and Portland Cement Plaster bracing.  These amendments apply to both the 2013 CBC and the 2013 CRC.  The other Codes are recommended for adoption without amendments.  The adoption of these Codes will not apply to any permits issued or applied for prior to January 1, 2014.  All construction activity that was issued a permit prior to the adoption of these Codes will be inspected using the prior adopted Codes unless an applicant requests the option to use the new Codes.  He stated that the Solar Energy Code is obsolete and has been incorporated into other Codes and the Sign Code has been replaced by the Green Building Code.  

Vice Mayor Hudson’s motion to introduce the six proposed Ordinances, waive reading and read by title only, and that the vote on the motion be recorded separately for each Ordinance and conduct the public hearing was seconded by Cm. Livingstone and passed 5-0.

Mayor Clarkson opened the public hearing.  There were no requests to addess any of the proposed Ordinances.  Mayor Clarkson closed the public hearing. 

Vice Mayor Hudson’s motion to continue the six proposed Ordinances to November 26, 2013 for adoption was seconded by Cm. Livingstone and passed 5-0.

(#11.3) Resolution No. 2013-103 – Authorizing Appropriation of $10,000 from the General Fund to the Public Services Operating Budget for the Installation of Holiday Banners and Wreaths.

Public Services Director Karen McNamara provided the report.  In 2010/11, as a budget reduction strategy, the funding for the City’s banner program was suspended.  The 2013/14 Public Services operating budget does not include funding for the installation of holiday banners and wreaths.  An appropriation from the General Fund in the amount of $10,000 is necessary to cover the cost of the installation services.

Vice Mayor Hudson’s motion to adopt Resolution No. 2013-103 was seconded by Cm. Perkins and passed 5-0.

(#11.4) Discussion:  Project Management for new City Hall Building Requested by Cm. Perkins.

Cm. Perkins stated that there is a City Center Ad Hoc Committee.  He proposed a City Hall Ad Hoc Committee with two Council members appointed by the Mayor to: meet with City staff; meet with Sunset staff and architects; provide input as requested/required; and meet in an Ad Hoc basis to receive and provide input on the City Hall.  The reasons for creating this Committee are: that it can be responsive with a short turn around for meetings; provide timely feedback; as an Ad Hoc Committee would not be required to post  a 72 hour meeting notice; and can meet during the day when staff are working and available.  The Committee would: report to the Council at public meetings; receive report on project costs; make recommendations for a staff report to the full Council; and make recommendation when full Council input is desired or necessary.  The City Council is a significant project stake holder.  He clarified that the Committee will not manage the process, City staff, Sunset staff or architect, design, or construction.  He asked the Council to authorize Mayor Clarkson to appoint a City Hall Ad Hoc Committee.

Cm. Livingstone stated that he supports Cm. Perkins request as the Council will not manage the project.  Cm. Perkins started to make a motion to authorize Mayor Clarkson to appoint a City Hall Ad Hoc Committee.  Cm. O’Loane stated that he does not understand the purpose of this Committee.  It puts City staff in an awkward position for “give and take”.  He views the Council as five equals and believes that people would defer to the Council.  It is important to separate policy versus operational aspects.  He trusts the City Manager to run the project with Sunset and that the current feedback loops are good.  He does not want the Council to run the City or this Project.  Vice Mayor Hudson asked how the Committee will “provide Council input” if the information has not previously been provided by the Council.  This is missing an opportunity for communication and transparency to the public.  He stated that the original Ad Hoc Committee was set up because the City Center financials were in question.  He suggested that the City Manager report at Council meetings.  He does not want to lose this connection with the public.  He requested that the item be put on the Council agenda.  Mayor Clarkson asked how the City Manager would obtain Council input in the absence of the Ad Hoc Committee.  City Manager Greg Rogers stated that a weekly report could be provided and all of the Council would be informed at the same time.  If the item is on the Council agenda, the Council could provide input.  Mayor Clarkson asked how the Council could provide informal input and feedback.  Mr. Rogers stated that a meeting with Sunset and the architect to coalesce the work product and information can be provided individually or weekly.  Mayor Clarkson asked if it would be appropriate for individual Councilmember to meet one on one with Sunset.  Mr. Rogers stated that that would be unusual and not efficient.  Planning/Community Development Services Director Phil Wong is coordinating the point of contact effort.  Mr. Wong can obtain Council feedback at different stages of concept and design.  Mayor Clarkson noted that a framework is in place with the Policy and Finance Committees and that the Ad Hoc Committee is somewhat similar.  Some Councilmembers may feel that the project will proceed without an opportunity to provide input on important aspects.  He asked Mr. Rogers how he would address the concerns of Councilmembers who want the chance to share their thoughts on the project.  Mr. Rogers stated that the architect can meet with each Councilmember as a starting place and then meet with the entire Council.  He stated that the City is managing a project, it is not policy.  The City has never had an Ad Hoc Committee oversee a project.  It is possible to accomplish the goals of obtaining Council feedback in a multi-stage approach starting with individual meetings with the architect.  Mayor Clarkson stated that he supports Cm. Perkins’ position that the Committee would not be directing staff.  Cm. Perkins said that the Committee would determine what should and should not go to the full Council.  Cm. O’Loane stated that this is the City Manager’s job.  Interim City Attorney Bob Saxe discussed the Memorandum of Understanding (MOU).    He questioned the concept of an Ad Hoc Committee or one person going directly to the architect.  This is a design/build project.  With the potential for five Councilmembers to meet with the architect, the costs for the architect will increase and this decreases the funds available for the building.  Once the design has been selected, it is Sunset’s job to build it within the budget.  The current set up is very structured.  This is the concept in the MOU which is one of the basis on which Sunset indicated that they could deliver on budget.  Direct involvement with the architect is not within the concept of the MOU.  Vice Mayor Hudson stated that he does not want to lose the community engagement and recommended constant reports be provided. 

Mayor Clarkson asked Cm. Perkins if he wanted to make a motion.  Cm. Perkins stated that he already had.  Mayor Clarkson seconded Cm. Perkins’ motion.  Mayor Clarkson called for the vote.  The motion failed 2-3.  Cm. Perkins and Mayor Clarkson supported the motion.  Cm. Livingstone, Cm. O’Loane, and Vice Mayor Hudson opposed the motion.

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CITY MANAGER COMMENTS

* * * *

PUBLIC COMMENT

* * * *

CITY COUNCILMEMBERS’ AND MAYOR’S COMMENTS

Vice Mayor Hudson informed residents that this year’s Spare the Air started November 1, 2013.  The Ribbon Cutting Ceremony to celebrate the completion of the Caldecott Tunnel’s fourth bore will be held on November 15, 2013 with the tunnel open next week.

Cm. Livingstone congratulated Joe Gorton on his appointment as Interim Police Chief.

Cm. Perkins congratulated Vice Mayor Hudson and Harry Sachs on winning their election for Council seats and Interim Police Chief Gorton on his appointment. 

Mayor Clarkson congratulated the winning Council candidates, Vice Mayor Hudson and Mr. Sachs.  He noted that the San Ramon Council candidates focused on the issues and it was a great ‘idea driven’ campaign.

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ADJOURNMENT

At 10:30 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 November 16, 2013 City Council meeting 6-0-0-0.

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