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MINUTES OF THE
CITY OF SAN RAMON COUNCIL MEETING
February 11, 2014

A regular meeting of the City Council of the City of San Ramon was held February 11, 2014 at 6:30 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Clarkson presiding. 
PRESENT:  Councilmembers O’Loane, Perkins, Sachs, and Mayor Clarkson.
ABSENT:  Councilmember Hudson.
STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, Interim Police Chief Joe Gorton, Police Lieutenant Dan Pratt, Administrative Services Director Eva Phelps, Planning and Community Services Director Phil Wong, Engineering Director Maria Fernier, Public Services Director Karen McNamara, Program Manager Kathi Heimann, and Interim City Clerk Renee Beck.

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CLOSED SESSION

(#1.1) Pursuant to Government Code § 54956.8 Conference with Real Property Negotiators Maria Fierner, Greg Rogers, and Phil Wong Concerning Negotiations with the Canyon Lakes Golf Course Representatives Regarding Acquisition of the Right-of-Way; Assessor’s Parcel Numbers 213-320-012 and 213-320-013.

At 6:32 p.m., the Council convened to Closed Session Pursuant to Government
Code §54957.6 to meet with the City Council’s Real Property Negotiators Maria Fierner, Greg Rogers, and Phil Wong Concerning Negotiations with the Canyon Lakes Golf Course Representatives Regarding Acquisition of the Right-of-Way; Assessor’s Parcel Numbers 213-320-012 and 213-320-013.  Cm. Hudson was absent. 

(#1.2) At 7:06 p.m., Mayor Clarkson reconvened the Council meeting.  Cm. Hudson was absent.  Mayor Clarkson reported that no action was taken.

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PLEDGE OF ALLEGIANCE

The San Ramon Police Department Honor Guard presented the colors.  Resident Geoff Johnson led the Pledge of Allegiance.

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ANNOUNCEMENTS

(#3.1) The Interim City Clerk stated that there are no changes to the agenda items.

(#3.2) The Interim City Clerk noted multiple changes to the City meetings listed on the agenda.  The following meetings have been cancelled:  Planning Commission, Architectural Review Board, Zoning Administrator, and Transportation Advisory Committee.  There will be a Special Joint Workshop of the City Council and the Planning Commission on Tuesday, February 18, 2014, at 7:00 P.M. in the Council Chamber to discuss the Housing Element and Land Use Changes within the Crow Canyon Specific Plan Area.

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CONSENT CALENDAR

(#4.1) Minute Order No. 2014-004 – Accepting the Work by Rosas Brothers Construction for the Construction of the 2012 and 2013 Curb, Gutter and Sidewalk Repair Projects (CIP Nos. 5493 and 5511) as Complete and Authorizing the City Clerk to File a Notice of Completion with the County Recorder's Office.

(#4.2) Minute Order No. 2014-005 – Ratifying the Architectural Review Board Appointments.

(#4.3)   Approving Amendments to Memorandum of Understandings between the City of San Ramon and Various Labor Groups.

Resolution No. 2014-014 – Approving Amendment No. 1 to the Memorandum of Understanding between the City of San Ramon and the San Ramon Police Officer’s Association.

Resolution No. 2014-015 – Approving Amendment No. 2 to the Memorandum of Understanding between the City of San Ramon and Service Employees International Union (SEIU) Local 1021.

Resolution No. 2014-016 – Approving Amendment No. 2 to the Memorandum of Understanding between the City of San Ramon and Unrepresented Miscellaneous Employees.

(#4.4) Resolution No. 2014-018 – Implementing Revised Market Adjustments for Part Time Temporary Employee Classifications within the Parks and Community Services Department effective March 10, 2014.

(#4.5) Resolution No. 2014-019 – Authoring the  Mayor to Execute Amendment #3 to an Agreement with AECOM Technical Services, Inc. for Professional Services to prepare Environmental Documents for the revised Faria Preserve Project in an Amount Not to Exceed $20,000 including all Reimbursables.

(#4.6) Approving Resolutions to Contract with the California Public Employees’ Retirement System (CALPERS) for Medical Insurance.

Resolution No. 2014-020 – Electing to be Subject to Employees’ Medical and Hospital Care Act and Fixing the Employer’s Contribution in an Amount Equal to or Greater than the Prescribed by Government Code Section 22892(b) for the Unrepresented Employee Group.

Resolution No. 2014-021 – Electing to be Subject to Employees’ Medical and Hospital Care Act and Fixing the Employer’s Contribution in an Amount Equal to or Greater than the Prescribed by Government Code Section 22892(b) for the Service Employees International Union Local l021.

Resolution No. 2014-022 - Electing to be Subject to Employees’ Medical and Hospital Care Act and Fixing the Employer’s Contribution in an Amount Equal to or Greater than the Prescribed by Government Code Section 22892(b) for the San Ramon Police Officers Association.

Councilmember Perkins’ motion to approve items 4.1 through 4.6 was seconded by Councilmember Sachs and approved 4-0-1-0 (Hudson absent).

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SPECIAL PRESENTATIONS

(#5.1) Swearing in of San Ramon Police Chief Joseph Gorton.

City Manager Greg Rogers provided a brief outline of Interim Chief Gorton’s history with the City.  Along with his other duties, he was instrumental in the transitioning of the Police Department from a County contracted service to a San Ramon department.  He also assisted with project management of San Ramon’s new Police facility.  Interim Chief Gorton’s wife, Lori Ann, and his two sons, Joshua and Jeremy, pinned the badge on Interim Chief Gorton.  Interim City Clerk Renee Beck swore Interim Chief Gorton in as San Ramon’s new Chief of Police.  Chief Gorton thanked his family, extended family, police family, and city staff for supporting him.  He also thanked City Manager Greg Rogers and the City Council.  Former Mayor H. Abram Wilson and Planning Commissioner Donna Kerger commended Chief Gorton’s appointment stating it is good for the City.  The City Councilmembers also stated their support.

Mayor Clarkson requested a five minute break at 7:37 P.M.  The meeting resumed at 7:42 P.M.

(#5.2) Recognition of Economic Development Advisory Committee members Geoff Johnson and Devon Powers for their years of service.

Mayor Clarkson read proclamations recognizing Geoff Johnson and Devon Powers for their years of service on the Economic Development Advisory Committee.  Both Mr. Johnson and Mr. Powers stated that it was a privilege to the serve and wished the committee continued success.

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PUBLIC COMMENT

Resident Tom Bennett spoke in opposition to the use of Old Ranch Park as the proposed launch site of the Fourth of July fireworks. He presented the Council with documentation supporting his position.  His opposition is based on the proximity of the site to homes, the residential nature of the area, risk of injury or fire, and the influx of spectators into the neighborhood to view the fireworks.  He stated that more than 150 residents have signed a petition opposing the proposed site.

Resident Jim Blickenstaff stated his opposition to the proposed Norris Canyon High Occupancy Vehicle (HOV) ramps.  He stated the majority sentiment of citizen’s is that they do not want the ramps.  He added that the installation of the ramps will come with strings attached by the Metropolitan Transit Commission. He suggested that the City host a Town Hall meeting to discuss the issue.

Resident Farrokh Khodadadi presented the Council with a petition with 90 signatures from neighbors in the Bent Creek and Old Ranch subdivisions.  They are opposed to the fireworks display being held in Old Ranch Park.  He stated that neighborhoods will be left vulnerable to illicit alcohol use, litter, violence, and other uncontrolled activities.

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DEFERRED CONSENT ITEMS

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CITY COUNCIL APPOINTMENTS

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APPROVAL OF MINUTES

(#9.1) Minutes of the January 28, 2014 regular meeting.

Vice Mayor O’Loane’s motion to approve the January 28, 2014 City Council minutes was seconded by Cm. Sachs and passed 4-0-1-0 (Hudson).

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UNFINISHED BUSINESS

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NEW BUSINESS

(#11.1) Resolution No. 2014-023 – Authorizing the Mayor to Execute Amendment No. 2 to the Agreement with Venuetech Management Group, Inc. for the Management and Operations of the Dougherty Valley Performing Arts Center and Front Row Theatre; and Authorizing a Time Extension from June 30, 2015 to June 30, 2017; and Authorizing Additional Funds in an Amount Not to Exceed $1,420,993 for Amendment No. 2 and a Total Cumulative contract Amount of $3,417,357.

Program Manager Kathi Heimann gave the report.  She requested additional funding and an additional two years to the contract for Venuetech Management Group Inc.  She indicated that the theatres have gone from 128 shows per year to 173 shows per year.  This is an increase in attendance from 43,000 to 63,000 patrons per year.  The contract increase represents staffing costs, rental staffing costs, contractual increases based on the Consumer Price Index, and a contingency fund for possible future growth needs.  She stated that it is a testament to Venuetech’s management that theatre rentals increased in a recessionary economy and the performance quality is excellent.  Ms. Heimann introduced Venuetech Management President John Lind and Theatre Manager Carly Robinson and invited questions from the Council.

Cm. Perkins’ motion to receive the report was seconded by Vice Mayor O’Loane and passed 4-0-1-0 (Hudson absent).

(#11.2) Mid-Year Financial Review Report.

Resolution No. 2014-024 – Authorizing Mid-Year 2013-2014 Budget Adjustments.

Administrative Services Director Eva Phelps provided the report. She stated that the mid-year report is designed to review financial results through December 2013.  It is at this time that the Departments have an opportunity to review their budgets for possible changes.  Currently revenues are better than anticipated due to growth in sales tax, property tax, Transit Occupancy Tax and other revenue.  Expenditures at midyear are higher than the same period last year due to salary and benefit costs, instructor contracts, maintenance contracts, and utility costs.  Expenditures are expected to be under budget at the end of the fiscal year.  Ms. Phelps presented a detailed list of departmental requests for midyear budget adjustments totaling $3,704,538.  She reviewed each request individually with the Council.  City staff was available to respond to any questions.  Councilmembers had questions and concerns regarding specific items. 

Councilmember Sachs asked what the duties of the proposed Assistant City Manager would include.  City Manager Rogers stated that due to the loss of several City Directors, this position will include duties of Economic Development, Public Information, Labor Negotiations, Human Resources, Risk Management, Open Space, Communications, and City franchises. An Assistant City Manager would also fill in when the City Manager is out or has simultaneous meetings. 

Cm. Perkins asked if increased expenditures would be partially covered by increased revenue.  Ms. Phelps stated that in some cases that is correct. 

Cm. Perkins asked why the $13,200 for traffic signal and radar systems upgrades is not budgeted as a yearly maintenance expense rather than a midyear budget adjustment.  He asked that this type of expense be budgeted yearly as a maintenance item. 

Cm. Sachs questioned the $50,000 identified as administrative support for Open Space.  Mr. Rogers stated that possible uses include consultants, professional services such as legal or property acquisition, grant application firms, or other costs that may be incurred in trying to preserve open space.  Cm. Sachs also asked if the $300,000 set aside for open space would be an ongoing expense.  Mr. Rogers stated that there is no plan to spend that money but it will be set aside for possible future opportunities.  It will not be spent until the Council approves its use.

In regard to the request for $400,000 to replenish the Building Maintenance Fund, Cm. Perkins asked for the current balance in that fund.  Ms. Phelps said it is $269,000. 

Cm. Sachs asked for clarification of the scope of the drainage repair infrastructure repairs request for $639,200.  Engineering Services Director Maria Fernier stated that the money will be used for priority repairs to three culverts, settlement removal in creeks, and repair to storm drains and catch basins.  Cm. Sachs asked what would happen if these repairs were not made.  Ms. Fernier responded that the projects are evaluated and prioritized based on public safety and risk assessment for flood, impact to the residents, and damage to public infrastructure.  Cm. Perkins asked if this work would be done this summer and into the fall.  Ms. Fernier stated that one project is ready to go, one is in the design phase, and one needs to be designed. 

Cm. Perkins requested Ms. Fernier describe the $725,000 requested for roadway repair.  Ms. Fernier stated the project includes preventative maintenance and localized repair on a portion of Bollinger Canyon Road.  The $1,000,000 requested for preventative maintenance would consist of slurry sealing areas of Dougherty Valley and possibly Westside Drive and Thomas Ranch areas. 

Cm. Perkins asked how long the $250,000 request for replenishment of the insurance liability fund would last based on recent claims.  Ms. Phelps stated it should last for two years. 

Cm. Perkins asked why so much more money was requested for water in the Dougherty Valley than any other area.  Public Services Director Karen McNamara stated that it is because there are no Lighting and Landscaping Districts to cover the water for turf strips and center medians in the Dougherty Valley.  Cm. Sachs asked what the long term solution will be for the turf strips.  Ms. McNamara stated an assessment has been done but it will remain the same until the City has funds and a long range plan. 

Cm. Sachs requested information on the Central Park Renovation Project.  Ms. McNamara stated that there is a ten year plan in place to make improvements to the park.  Currently improvements include amphitheater tree replacement, irrigation upgrades, and renovation of restrooms, scorekeeper areas, baseball dugouts, and scoreboards. 

In summary, Ms. Phelps stated that future budget considerations include continued revenue growth, rising cost of employee benefits and inflationary costs, and maintenance services levels with resource constraints.  In addition she listed projects and their associated costs that will be of concern or consideration in the future.  She concluded by stating that the City will be in a better financial position at the end of the year than budgeted.  General Fund revenue will likely be $1.0 million higher than estimated, expenditures will be $0.1 million below budget estimates, and Policy reserves are projected to be $32.9 million.

Cm. Perkins’ motion to receive the report was seconded by Vice Mayor O’Loane and passed 4-0-1-0 (Hudson absent).

CITY MANAGER COMMENTS

(#12.1)Update:  City Hall Construction Project.

Planning and Community Development Director Phil Wong indicated that the Department Heads have reviewed the initial floor plans and provided comments.  The plans will now be reviewed by the City Council.  After their comments have been addressed, Sunset Development will give a presentation to the public at a Council meeting.  This will give residents an opportunity view the project plans and provide feedback.

PUBLIC COMMENT

CITY COUNCILMEMBERS’ AND MAYOR’S COMMENTS

Cm. Sachs stated he and Vice Mayor O’Loane attended a meeting on January 30, 2014, at Dublin-San Ramon Services District. The Secretary of Natural Resources spoke about the current water supply in the state and the long range plans for the Delta.  Cm. Sachs added that he attended a meeting of the Iron Horse Trail Advisory Committee.  He stated that the City’s plans for the trail will be presented at a future meeting.  He stated he attended the February 1, 2014, informational meeting regarding the future of the City’s fireworks display. 

Mayor Clarkson stated that the State of the City address was presented today.  Contra Costa Television recorded the presentation which will be shown on February 18 at 7 PM and February 20 at 4:00 PM on Comcast channel 27, Astound channel 32, and
ATT U-verse channel 99.  The Dougherty Valley San Ramon Rotary Club will be sponsoring another presentation of the State of City at the Canyon View Dining Hall on February 12 at 6 PM.

Mayor Clarkson attended the PTA Advocacy Day.  He stated that there will be a change in the formula used to fund schools. He stated that most of the Council attended the Mayor’s Conference in San Pablo.  The Tri-Valley mayors met to discuss homelessness in the Tri-Valley.  Mayor Clarkson asked the Council if they were interested holding a forum to learn more about the proposed cemetery in the Tassajara Valley.  Vice Mayor O’Loane felt it was a good idea.  Mayor Clarkson asked Interim City Attorney Saxe for guidance in this area.  Mr. Saxe stated that holding a forum was not an issue but he would need to know the intent of the Council to express any type of legal opinion.  City Manager Rogers stated that a County spokesperson would be needed since the cemetery is in their jurisdiction. He added that it would take some time and research to get the information together.   Mayor Clarkson asked if the Council was interested in creating a policy regarding parades.  There was no interest in pursuing this issue.

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ADJOURNMENT

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

Signed:
Bill Clarkson, Mayor
Renee Beck, Interim City Clerk

Approved as presented at the February 25, 2014 City Council meeting 4-0-0-1; Perkins absent.

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