MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

February 22, 2005

A regular meeting of the City Council of the City of San Ramon was held February 22, 2005 at 7:09 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

PRESENT: Councilmembers Hudson, Perkins, and Rowley, Vice Mayor Livingstone, Mayor Wilson.

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Sgt. Paul O’Mary, Program Manager/Historical Properties Kim Giuliano, Recreation Services Division Manager Esther Lucas, Information Technology Division Manager Steve Keagy, Finance Director Greg Rogers, Human Resources Director Cheryl Mitchell-Wade, Public Works Administrative Manager Dorn Driggs, and Interim City Clerk Patricia Edwards.

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Mayor Wilson announced that the Council met in closed session pursuant to Government Code §54956.9 to confer with the City Attorney and consider an offer of settlement made by a former employee. No action was taken.

Mayor Wilson announced that the Council met in closed session pursuant to Government Code §54956.9 (a) to confer with the City Attorney regarding existing litigation: CLD Construction Company v. City of San Ramon. No action was taken.

Mayor Wilson announced that the Council met in closed session pursuant to Government Code §54957 to evaluate the position of City Attorney. The evaluation was concluded.

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Dany Gregory, 2002-03 President of the Rotary Club of San Ramon Valley, lead the Council, staff, and those in the audience in the pledge of allegiance. Cheyenne Dewey, Taylor Eubanks, Graham Harper, Shannon Hung, and Kendall Iaquinta, graduates of the Character Counts! Program, sang the National Anthem. Mayor Wilson thanked them for their performance.

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Mayor Wilson asked if there were any changes or additions to the agenda. The Interim City Clerk noted there were none.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The Interim City Clerk noted there were none.

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As Chi Nyguen was unable to attend, the Mayor continued this item.

Mayor Wilson reviewed the elements and purpose of the Character Counts! Program. He recognized Joseph Abajian, Jesse Erven, Abigail Harper and Nicole Walker, the Character Counts! essay winners from Country Club School. Each student read their essay. Mayor Wilson introduced Officer Gwen Brady, the 2004-2005 Character Counts! Instructor, and thanked her for making this program possible.

Mayor Wilson presented Dany Gregory, 2002-2003 President of the Rotary Club of San Ramon Valley, with a proclamation recognizing the 100^th Anniversary of Rotary International. He thanked the Rotary Club for their service to San Ramon. Ms. Gregory thanked the City for the proclamation.

Kim Giuliano, Program Manager/Historical Properties, presented Bill Gregory with a picture of the restored barn wall at Forest Home Farms. She expressed the City’s gratitude to Rotary for their accomplishments. Mr. Gregory acknowledged other Rotarians in the audience. He added that there are a lot of projects waiting to be done and that the Rotary is always looking for new volunteers. He invited prospective members to join and give back to the community.

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Mayor Wilson called a five minute recess at 7:40 p.m. The meeting reconvened at 7:45 p.m. with all Council members in attendance.

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Esther Lucas, recreation Services Division Manager, gave the report on the Arts Advisory Committee vacancies. The vacancies included one regular and one student position. No student applications were received. She noted that the Parks and Community Services Commission recommended Pollavi Sharma for the vacancy.

Cm. Rowley’s motion to appoint Pollavi Sharma to the Arts Advisory Committee was seconded by Vice Mayor Livingstone and passed 5-0. Vice Mayor Livingstone noted that Ms. Sharma’s application was phenomenal and that the City could not have found a more qualified candidate to serve on this Committee.

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Jim Blickenstaff provided the Council with pictures of the Henry Ranch project to demonstrate that promised developments are not always what is achieved in the final product. He stated that the pictures clearly demonstrated the contrast between the project as promised and the project as delivered. He felt that Henry Ranch is a visual blight. He emphasized this as an object lesson for the Council and expressed concern about a similar outcome for the Church on the Hill project. He remarked that he felt the appeal process was useful in order for the City’s political leaders to have a greater sense of ownership. He reiterated that the lesson learned from Henry Ranch is to ‘follow through on what was promised’. He did not want the City to be fooled by a visual mitigation plan which may not be delivered.

Suzan Yura, Board member for the San Ramon Historic Foundation, provided an update on the Foundation. She also wanted to educate the public about the Foundation. Since Forest Home Farms is one of the Foundation’s projects, she provided the history of Farms. She reported that the Foundation has provided funds for the 2003 and 2004 Holiday on the Farm, food for the 2003 Pioneer Picnic, funds to purchase a digital recorder for the oral history program, tractor restoration, etc. She noted that there is a new Foundation web site, www.sanramonhistoricfoundation.org or www.srhf.org, which provides information about the Foundation’s involvement in the Farm, how individuals can donate time, money, artifacts, etc.

Gevorg Der-Galestanian reported on the Armenian Genocide and asked the Council to assist him in commemorating the 90^th anniversary of this event.

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Cm. Hudson made a correction to page 11, line 6 of  the February 8, 2005 minutes.  The sentence should read "Cm. Hudson remarked that the City had reviewed the visual impacts of the project and they have been mitigated". Cm. Hudson’s motion to approve the minutes as corrected was seconded by Vice Mayor Livingstone and passed 5-0.

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Vice Mayor Livingstone requested that item 8.3 be removed from the Consent Calendar.

Cm. Perkins’ motion to approve items 8.1 and 8.2 was seconded by Vice Mayor Livingstone and passed 5-0.

Resolution No. 2005-19 – Approving City Council 2005-2006 Liaison Appointments to Area Wide and State Wide Committees, City/Community Committees and Committees of Council.

Resolution No. 2005-20 – Approving City Council 2005-2006 Liaison Appointments to the Southwest Area Transportation Committee (SWAT).

Resolution No. 2005-21 – Approving City Council 2005-2006 Liaison Appointments to the Tri-Valley Transportation Council (TVTC).

Resolution No. 2005-22 – Approving City Council 2005-2006 Liaison Appointments to the Central Contra Costa Transit Authority (CCCTA).

Resolution No. 2005-24 – Denying the Appeal of the Planning Commission Resolution No. 10-04, approving the Church on the Hill and Senior Apartments Initial Study, Vesting Tentative Map, Development Plan and Architectural Review.

Mayor Wilson noted that item 8.3, Approving a $93,732 expenditure from the Police Department budget for four new patrol vehicles, will be considered as item 10.6.

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The Interim City Clerk reported that there were no items of unfinished business.

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Steve Keagy, Information Technology Division Manager, gave an overview of the Citizens’ Request Management System (CRM). It is also known as Citizen Relationship Management or Customer Relationship Management. This is an on-line system designed to: collect external and internal requests for help and information; route to correct staff; and track and report on the progress and completion. He thanked the City staff who participated in the development of CRM for San Ramon. He also acknowledged Rose Co, Web Master, for her work with Government Outreach and developing the system’s final look and feel.

Mr. Kendall Smith, president and co-founder of Government Outreach, gave an overview of the CRM program. He noted that the advantage of this system versus a phone call is that it is available 24/7/365. It allows for follow-up and guarantees closure. He described the process for citizen’s inquiry and emphasized that it is very easy to utilize. The requestor may remain anonymous if desired. He provided a demonstration of the system. The CRM creates an account for users, assigns a number to the request and provides the date when the item will be corrected. Government Outreach’s goal is to "enhance the citizen to government connection". The requestor can also rate their experience thereby providing immediate feedback on the City’s performance. The program also allows the City to generate a series of reports.

Mayor Wilson asked how the CRM program responds to citizen requests. Mr. Kendall indicated that the citizen can get an email if they provide an address or they can call into the system. The system can also be programmed to generate a letter response. Emphasizing the importance of communication, Mayor Wilson requested that a letter response be added so that every user gets feedback. The City Manager commented that the system will track internal and external requests, complaints, and compliments. This will assist in developing reports for budgeting and planning purposes.

Esther Lucas, Recreation Services Division Manager, introduced Mark Ballock, Vice Chair of the Arts Advisory Committee, who provided the 2003-04 Annual Report. Mr. Ballock described the purpose of the Committee, its accomplishments and plans.

As there were no questions from the Council, Mayor Wilson thanked Mr. Ballock for his report. He thanked the staff and Committee volunteers for enhancing the quality of life for the Arts in San Ramon.

The Finance Director, Greg Rogers, provided the report which included the background, key items in the analysis, and fiscal implication of the mid-year budget review. This report was provided to the Finance Committee on February 8, 2005. The Committee accepted the report and recommended that it be forward to the Council for consideration of approval.

He noted that General Fund Reserves, by year end June 30, 2005 are projected to be $23.3 million which is $3.2 million more than the $20.1 million adopted budget estimate. He added that sales tax revenues have improved. The City realized a $1.6 million savings through unfilled staff positions. He identified several mid-year adjustments which will be funded by an existing contingency appropriation. There were several other identified adjustments which involve increasing appropriations and therefore require Council action.

Cm. Hudson questioned the property tax revenue figures. Mr. Rogers clarified that the December 2004 figure included real growth and assessed value but that the budget did not adjust for the full amount taken by the State. He added that the increase in sales tax revenue covers the loss in this area.

Cm. Perkins asked if the Police Department fuel costs adjustment would be sufficient considering the continually increasing cost of gasoline. Mr. Rogers said that this adjustment was based on and estimate from several months ago and that there were contingency funds available if the final cost exceeds the estimated increase.

Cm. Perkins recommended including a gas premium in the 2005-06 budget. He thanked the City Manager and the Finance staff for their work on the budget and controlling costs for the City.

Cm. Perkins asked if staff vacancies were creating problems. The City Manager reported that the staff shortage is affecting some service levels but he was confident that the City’s current staff is providing services to the best of their abilities.

Cm. Perkins’ motion to approve Resolution No. 2005-18 was seconded by Cm. Hudson and passed 5-0. Mayor Wilson thanked the Finance Department for their work on the City’s budget.

The Human Resources Director, Cheryl Mitchell-Wade, described the program and benefits. She added that the Finance Committee reviewed PARS at its February 8, 2005 meeting, unanimously supported it, and directed staff to forward the item to Council for consideration. The Committee recommended that the employee pay the 7.5% contribution. This would result in a $49,673 annual savings for the City. She requested direction from the Council on the resolution and the percentage of the PARS contribution. She introduced Mitch Barker, PARS Senior Consultant, who was available to answer any questions.

Vice Mayor Livingstone asked for clarification on the Social Security contributions. Ms. Wade reported that San Ramon currently contributes 12.4% of an employee’s annual salary (6.2% employer contribution and 6.2% employee contribution) to the Social Security System-FICA. Cm. Perkins noted that the 6.2% is paid by the employee after taxes.

Mayor Wilson questioned the 7.5% contribution. Ms. Wade responded that the federal government allows the City to choose an alternative to Social Security and the PARS Plan contribution minimum is 7.5% of salary.

Cm. Rowley asked if there are other cities participating in PARS and how satisfied they are with the program. Mr. Barker responded that other cities which participate in the Plan include Antioch, Dublin, Hayward, etc. and they are very satisfied.

Cm. Perkins asked if any cities have withdrawn from the Plan. Mr. Barker responded that there are none because the Plan saves money for participating cities and is a better benefit for their employees.

Cm. Perkins’ motion to authorize City participation in PARS was seconded by Cm. Hudson and passed 5-0. Staff was directed to prepare a resolution and set the employee participation level at 7.5%.

Dorn Driggs, Public Works Administrative Manager, provided the report. The City is required to publish notice of its intent to extend the contract nine months prior to the expiration of the agreement. He said that the City has separate agreements for solid waste collection and waste disposal services. Valley Waste Management is responsible for collection. The City’s current disposal agreement is with Republic Services Vasco Road, LLC. The Vasco Road landfill is the disposal site. This item was reviewed by the Finance Committee on November 10, 2004. The Committee recommended forwarding the agreement extension to the Council for approval. The Committee also asked staff to negotiate extending the agreement for additional renewable years. The City’s current gate rate of $37.26 per ton of waste is the lowest for all cities in Contra Costa County.

Cm. Perkins recommended that the City authorize one five-year extension and continue to negotiate additional services for the next extension. Cm. Hudson’s motion to approve Resolution No. 2005-25 was seconded by Vice Mayor Livingstone and passed 5-0.

Sergeant Paul O’Mary reported that the Council approved the purchase of four new patrol vehicles on December 20, 2004. However, the transaction was cancelled because of misrepresentation in equipment specifications and vehicle availability.

Vice Mayor Livingstone noted that part of the issue was the Council’s approval to purchase four black and white police vehicles. This action was based on input from the Police Department. The Council’s vote was unanimous. He noted that all of the other contract police departments in Contra Costa County use black and white vehicles. He requested the official police department position on vehicle color.

Sgt. O’Mary responded that black and white police vehicles have higher visibility for citizens, traffic violators and criminals. The visibility factor is critical in a Code 3 situation. He remarked that black and white vehicles catch your attention and they do not blend in like a white vehicle does.

Cm. Perkins asked if the San Ramon police officers feel that they lose effectiveness in their white vehicles. Sgt. O’Mary commented that police prefer a black and white vehicle for its higher visibility but that there are no statistics on the impact of a black and white versus an all white police vehicle. He added that part of the role of a police vehicle is to deter crime and that the black and white vehicles accomplish this.

Mayor Wilson asked if, in a Code 3 situation, police may not take as many safety precautions as possible because they rely on the visual impact of the black and white vehicle and the anticipated response by the public. Sgt. O’Mary noted that police vehicles are equipped with a signal mechanism to aid in traffic maneuvering.

Since San Ramon is known for its white police cars, Mayor Wilson questioned if this means that the public will be paranoid about all white cars. He stated his philosophy that the police department should not be regarded as the enemy. They are available to help not to intimidate. This is a City image that is important to San Ramon. He wants City residents to be able to identify San Ramon police versus other City’s police forces. He added that the San Ramon Police Department is the best unit in the County.

Cm. Rowley added that school children are familiar with the white police cars through the D.A.R.E. and Character Count! programs and that they view the police as someone who will help them. She agreed that the black and white cars relay a negative impression and supported the use and purchase of white police vehicles in San Ramon.

Cm. Hudson remarked that is important not to delay the order for the police vehicles. He preferred to include input from the police chief regarding the discussion of black and white vehicles. He suggested that the issue of police vehicle color be evaluated by the Policy Committee.

Vice Mayor Livingstone clarified that this was not a delay tactic. He wanted to discuss the issue since the Council had voted for black and white vehicles in December. He added that it is important to listen to staff and the police are the staff in this instance. He suggested purchasing black and white vehicles in the future and evaluating their impact in the City.

Cm. Perkins added that it was important to secure staff input but noted that the Council is responsible to make policy decisions for the citizens. He added that it is also important to get citizen input.

Cm. Perkins’ motion to approve the authorization to purchase four new patrol vehicles was seconded by Cm. Rowley and passed 5-0.

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The City Manager wished everyone a Happy President Washington’s birthday.

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Cm. Perkins reported that the County’s Hazardous Materials Committee met and reviewed several issues including e-waste. The County is studying additional methods of dealing with electronic waste. The State currently collects $6 per computer monitor and television. As these funds accumulate and become available, the City may want to investigate participation in an e-waste program.

Cm. Hudson noted a correction to Mr. Blickenstaff’s comments. He stated that Henry Ranch is actually two developments-Circle E and Henry Ranch. He added that he stated that Mr. Blickenstaff had endorsed the Circle E project and did not say he endorsed the Henry Ranch project. The issue regarding Circle E is that it meets the objectives of Ordinance 197 for clustering homes on San Ramon Valley Boulevard. He added that the key to Circle E being mentioned is that the existing homes above the Church on the Hill project are Circle E. The pictures which Mr. Blickenstaff provided confuse the Circle E and Henry Ranch projects.

Cm. Hudson requested an update on the City Center. Mayor Wilson responded that the committee reviewing the City Center is proceeding to make sure that the Center meets the demands of the City’s residents and that they are looking for a partner to provide a quality product. Cm. Hudson asked if there was any work that can be done at this time such as zoning or signage. Mayor Wilson responded that once a partner is found that the project will proceed.

Cm. Rowley reported on the meeting at Crow Canyon Gardens which she attended on February 13th. She commented that the gardeners are happy, good things are happening, and the Gardens are thriving. She looks forward to future events. She reminded the public about the Street Smarts Skate Night scheduled for February 23 at 6:30 p.m. at Golden Skate. Vice Mayor Livingstone added that he was pleased with the progress that has been made and that City staff had done a good job turning the Gardens around.

Mayor Wilson asked for information on the February 23rd Parks and Community Services Commission meeting. The City Manager said that this meeting is the first public hearing on the community park at the southern portion of the Dougherty development. The Commission will also review the latest Shapell school park design. Mayor Wilson asked how the City is communicating with residents who can not attend the meeting. The City Manager stated that notices were sent to residents within 1000 feet of the projects. He added that the meeting results will be posted to the City’s website. Mayor Wilson encouraged citizens to utilize the CRM program. Cm. Rowley complimented staff on the notification for the meeting and for providing ideas for the park.

Cm. Hudson encouraged residents to support the Sycamore Valley Land Use Permit . He plans to attend a Tri-Valley Council meeting that will discuss this item. He noted that this open space is outside the City limits.

The City Attorney advised those Councilmembers who plan to attend the Urban Limit Line meeting on February 26th that they should not discuss the topic among themselves as this would be a violation of the Brown Act.

Cm. Rowley and Mayor Wilson encouraged the public to attend the Multi-Cultural Fest on Sunday, February 27th, at 11:00 a.m. at the Community Center.

There being no further business, Mayor Wilson adjourned the meeting at 9:31 p.m.

Signed:
H. Abram Wilson, Mayor
Patricia Edwards, Interim City Clerk

Approved at the March 8, 2005 City Council meeting, 5-0.