MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held February 14, 2006 at 7:09 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

STAFF PRESENT: City Manager Herb Moniz, City Attorney By Athan, Police Chief Scott Holder, Human Resources Director Cheryl Mitchell-Wade, Economic Development Director Marc Fontes, Public Services Director Karen McNamara, Recreation Services Division Manager Esther Lucas, and City Clerk Patricia Edwards.

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Mayor Wilson reported that the Council met in closed session pursuant to Government Code §54956.9 for City Council to meet with its legal counsel pertaining to anticipated litigation. Mayor Wilson reported that no action was taken by the Council.

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Kelly Runyon led the Council, staff, and the audience in the pledge of allegiance.

Mayor Wilson asked if there were any changes or additions to the agenda. The 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 City Clerk reported that the San Ramon Valley Unified School District Liaison meeting scheduled for
February 17, 2006, is canceled.

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Recognition of Lucerne Mottaz, 2004 California Music Education Association "Music Educator of the Year".

Mayor Wilson recognized Lucerne Mottaz for her 12 years as a music teacher at California High School during which time she has taught more than 3,000 students. Mayor Wilson thanked Ms. Mottaz, for sharing her gift and love of music so that San Ramon will never have to know what it is like to be without music. She received a standing ovation from the audience. Ms. Mottaz thanked the Council for the proclamation and for her students who bring excitement to her classroom.

Recognition of "Sentinels of Freedom" Scholarship Foundation Program Supporters: Nathan Shapell; Chris Truebridge and Dan Coleman, Shapell Industries; William Huber, AT&T; Mark Bolton, San Ramon Marriott; Alex Spanos; Nicholas Kochek, United Parcel Service; and organizer Mike Conklin.

Mayor Wilson presented Dan Coleman (Shapell Industries), Shiyama Clunie (AT&T), Mark Bolton (San Ramon Marriott) and Nicholas Kochek (United Parcel Service) for their generosity to these veterans. Their donations have included housing, employment, hotel rooms and shipping. Jacob Brown, the first recipient, and Manny Mendoza, the current recipient, thanked the program supporters. Mike Conklin was presented a certificate of appreciation by Mayor Wilson in recognition of his dedication to create and implement the Sentinels of Freedom program. Mayor Wilson presented Peggy Conklin with a bouquet of flowers. Mr. Conklin thanked his team members: Major General Ronald Lowe, Skip George, Bill Hoelsken, Dan Coleman, Earl Conklin and Mayor Wilson. He announced that the Program may soon be expanded nation wide.

Sentinels of Freedom Proclamation for Specialist Jeffrey William Briner.

Mayor Wilson presented Specialist Jeffrey William Briner with a proclamation recognizing his military service and accomplishments. Specialist Briner was also recognized by representatives from Supervisor Piepho’s office, Assemblyman Guy Houston’s office and Congressman Pombo’s office. Representatives from the American Legion, the Marine Corps League, the Veterans of Foreign Wars Post 75 and the Vietnam Veterans of Diablo Valley recognized Specialist Briner for his service with a plaque. Specialist Briner recognized the Blue Star Moms for their support and care packages.

Human Resources Director Cheryl Mitchell-Wade recognized Toni Renault as the City’s Employee of the Month for February 2006 for her dependability, helpfulness and optimism. She remarked that Mrs. Renault has received 14 Gold Star Awards in her 7 year City career. Mayor Wilson presented her with a certificate and a gold star paper weight. She is always professional. Mrs. Renault thanked the Council for the recognition and Sgt. O’Mary for the nomination. She said that she loves working for the City in the Human Resources Department.

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Economic Development Director Marc Fontes requested that the Council review the applications and appoint five general members and one Chamber of Commerce representative to the Economic Development Advisory Committee. The City Clerk provided ballots. After two ballots, Mr. Fontes announced the appointees.

Cm. Hudson’s motion to appoint Mary Hanson, John Mills, Phil O’Loane, Harry Sachs, and Eric Wallis and approve Laurie Dennen as the Chamber of Commerce representative for terms to run through January 2008 was seconded by Cm. Livingstone and passed 5-0.

Mayor Wilson thanked everyone who applied and the Committee members for their service. The City Attorney noted that the Council was in compliance with the Brown Act and had not conducted a secret ballot election. The ballots are available for inspection by the public in the City Clerk’s office.

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The City Clerk noted that there were three requests for public comment.

Toby Brink, President of the San Ramon Chamber of Commerce, commended Mike Conklin and the San Ramon companies: AT&T, the San Ramon Marriott and UPS, for supporting the Sentinels of Freedom Program. He announced the Chamber’s Networking event at 5:00 p.m. on February 16, 2006 at the Canyon View Dining Hall. He invited the community to attend the March 23, 2006 San Ramon Business to Business Expo to be held at the San Ramon Community Center. He presented a rose to Vice Mayor Rowley for Valentine’s Day.

Paul Mitchell thanked Mayor Wilson and the City Clerk Patricia Edwards for conducting City Hall tours for the third graders at Montevideo Elementary School. He remarked that this was a great way to introduce students to city government. He acknowledged that Pat Gutierrez, Maintenance Field Supervisor, had removed the tree which was blocking the traffic signal at Alcosta Boulevard and Market Place. He thanked the City Manager for his quick personal response for an issue regarding signage at the Iron Horse Trail. He noted that this "A" level of service provided by City employees is expected and enjoyed by the citizens of San Ramon.

Ken Lepere expressed his frustration with the rezoning of Royal Vista Golf Course from Park to Commercial/Recreation. He stated that he voted for the General Plan based on the City’s recommendation. He asked if there was a zoning code specific for golf courses. He requested that the City Council direct the Planning Commission to abandon their plans to rezone the golf course.

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Cm. Livingstone’s motion to approve the January 24, 2006 minutes as corrected was seconded by Cm. Hudson and passed 3-0. Cm. Perkins and Mayor Wilson abstained.

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Resolution No. 2006-16 – Authorizing Fiscal Year 2005/06 Employee Classifications.

Resolution No. 2006-17 – Approving the City of San Ramon’s Application for Grant Funds for the Roberti-Z’berg
Harris - Block Grant Program Under the California Clean Water, Clean Air, Safe Neighborhood Parks, And Coastal Protection Act Of 2002 for the David Glass House Restoration and Landscaping Project.

Resolution 2006-18 – Approving the City of San Ramon’s Application for Grant Funds for the Per Capita Grant Program Under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the David Glass House Restoration and Landscaping Project.

Resolution No. 2006-19 – Authorizing the Mayor to Execute an Agreement with W. Bradley Electric, Inc. for the Construction of City of San Ramon Traffic Signal Installation And Upgrade Project (CIP Nos. 5334, 5373, 5380, 5384, 5385, 5387, 5394, 7712, & 7726) in an Amount not to Exceed $965,000.

Resolution No. 2006-20 – Authorizing Reimbursement to Lennar Homes, Developer of Greystone Ranch (Subdivision 7961), for San Ramon Valley Boulevard Right-of-Way in the Amount of $78,408.

Geologic Hazard Abatement District No. 1990-01 (GHAD) - Resolution No. 2006-21 – Accepting Ownership of Parcel D in Subdivision 7015 (Shapell Industries/West Branch).

Resolution No. 2006-22 – Authorizing a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2006/07 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding.

Resolution No. 2006-23 – Authorizing the Mayor to Execute an Agreement with the Metropolitan Transportation Commission for Participation in the 2006 Cycle Regional Signal Timing Grant Program.

Resolution No. 2005-24 – Authorizing Staff to Submit a Grant Application to County Connection for the Allocation of a Community Connection Van for the San Ramon Senior Center.

Resolution No. 2006-25 – Establishing Fees and Charges for Various Geologic Hazard Abatement District Services.

Resolution No. 2006-26 – Supporting the Formation of a Citizen Corps Council.

City Manager Moniz informed the Council that the number of authorized positions for Senior Inspectors listed in Exhibit 1 for Attachment A of item 8.2 should be 8.5 not 7.5.

Cm. Hudson’s motion to approve consent calendar items 8.1 through 8.13, with the correction noted for item 8.2, was seconded by Vice Mayor Rowley and passed 5-0.

Cm. Perkins informed residents that, as a result of passing Resolution No. 2006-19, new traffic signals would be constructed at the intersections of Alcosta Boulevard and Kimball Avenue and Alcosta Boulevard and Overlook Drive.

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Update on Negotiations with Amador Valley Industries (AVI) for Garbage and Recycling Services in the City of San Ramon Effective October 1, 2006 and Consideration of Staff Recommendations.

The staff report was provided by Karen McNamara, Public Services Director. She reviewed the status of the negotiations with Amador Valley Industries (AVI). She reported that AVI has proposed additional items for consideration in the franchise agreement. At the February 8, 2006 Finance Committee meeting, AVI promised to provide additional information. The City received an email from AVI on February 13, 2006 stating that they would not be submitting additional information. Staff is therefore unable to complete the contract negotiations. Ms. McNamara provided four options for the Council which included: (1) continuing negotiations with AVI; (2) initiating negotiations with another provider; (3) terminating the current process as non-responsive and issuing a new Request for Qualifications (RFQ); and (4) negotiating an extension with the current provider beyond the September 30, 2006 expiration date.

Mayor Wilson opened the public comment. There were no requests to address this issue. Mayor Wilson closed the public comment.

Cm. Perkins asked if the Council will have the opportunity to evaluate the options and related cost structure offered by other providers. Ms. McNamara responded that this information will be included in negotiation meetings and provided to the Council.

Cm. Hudson recommended that staff proceed as though AVI is non-responsive and open the process to other providers. He asked staff to try to resolve the issues with AVI.

Vice Mayor Rowley preferred options 2 and 3. She is concerned that AVI may not provide some of the desired options. The City has met with AVI many times and it does not appear that AVI is willing to compromise.

Cm. Perkins stated that, since AVI chose not to provide the information requested by the City, that they have provided the City with their best offer. This offer is not acceptable to the City and he recommended that the City end its negotiations with AVI. He suggested that the City start negotiations with the alternate provider. If those negotiations are not successful in a timely manner, the Council will need to provide other options.

Cm. Livingstone concurred with Cm. Perkins that option 1 is not viable as AVI has chosen not to respond. He supports option 2.

Cm. Hudson commented that more responders will increase the chance of providing the best price for this service to the residents. He suggested establishing a time frame for the final decision and working with as many bidders as possible. He did not want to limit the City’s options by working with only one company.

Cm. Livingstone disagreed with Cm. Hudson. He stated that option 2 refers to ‘another’ provider which may not include AVI. AVI has had ample time to respond. They should be allowed to respond again if they can provide the service which was originally proposed. He suggested initiating negotiations with one of the original six responders.

Cm. Perkins noted that only 2 of the 6-7 companies who initially responded to the RFQ actually submitted a bid. He did not feel that it was in the best interests of the City to go back to the original responders. Since the City has reached an impasse with AVI, the City should negotiate with the other responsive provider, Waste Management. If an agreement can not be reached with Waste Management, he supports pursuing option 3.

Cm. Perkins asked the City Attorney if the City could negotiate with providers that did not submit a proposal according to the terms of the RFP. Mr. Athan stated that the City should either work with the two original responders or restart the process.

Mayor Wilson expressed his disappointment with AVI. He supports options 2 and 3.

Cm. Livingstone’s motion to direct staff to proceed with option 2 (authorizing staff to initiate negotiations with another provider and finalize a franchise agreement within the next 30 days) was seconded by Cm. Perkins and passed 4-1 (Hudson dissenting).

City Attorney By Athan clarified that Cm. Livingstone’s attendance at the Finance Committee meeting was as an observer only.

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City Clerk Patricia Edwards gave the report. Mayor Wilson thanked the members of the Council for accepting the appointments and working for the best interests of the City. Cm. Perkins asked the City Attorney if the Council action was to approve the list or to direct staff to prepare a resolution. The City Attorney responded that the Council’s action was to approve the liaison list. Vice Mayor Rowley’s motion to approve the 2006-2006 Liaison Appointments was seconded by Cm. Perkins and passed 5-0.

Esther Lucas, Parks and Community Services Division Manager for Recreation Services, provided the staff report. She noted that transportation continues to be a high priority for seniors in San Ramon as evidenced by the increase in senior van ridership. Part of the grant requirements is to hold a public hearing to determine whether there is a local non-profit agency interested in providing a like service. She noted that the City will be required to provide the local match of between $5,700 to $10,000 for the Type I bus. This bus has eight ambulatory seats and two wheelchair positions.

Cm. Perkins asked what action the Council needed to take. Ms. Lucas replied that the Council needs to ensure that there is not a local nonprofit that would be willing to provide a similar service. This verification is noted in the resolution

Cm. Livingstone remarked that this vehicle requires a Class C driver’s license. Ms. Lucas added that it is easier to find Class C licensed drivers and so more divers will be available to drive this van. A Class B license is required for larger vans.

Mayor Wilson opened the public comment. There were no requests to address this issue. Mayor Wilson closed the public comment.

Cm. Hudson’s motion to approve Resolution No. 2005-27 was seconded by Cm. Livingstone and passed 5-0.

City Attorney, By Athan, informed the Council that they will not decide the issue of whether AT&T is a cable provider or a telephone company. He indicated that the City Manager will decide what is in the best interests of the citizens. He referred to Section 53066.3 of the Government Code which requires that when a city has a cable provider and wants to consider another cable provider that there are certain issues which necessitates due diligence by the Council. He reviewed the seven issues for the Council.

Mayor Wilson opened the public comment.

Richard Parr, Assistant General Counsel for AT&T West, addressed the seven issues concerning the Agreement between the City and AT&T for the upgrading and installation of equipment for the support of Internet Protocol Television Service (IPTS).

Cm. Perkins asked what assurances the City and residents had that the construction and implementation will be completed in a timely manner. Mr. Parr said that the terms of the agreement state that AT&T will provide an IPTS throughout the existing telephone service area. AT&T will provide services to San Ram subject to the usual limitations on technical and economic feasibility that would ordinarily apply.

Cm. Livingstone asked Mr. Parr to address the aesthetic impact of the 41 cabinets. Mr. Parr said that AT&T will try to locate the cabinets with minimum impact. AT&T will work with the City and locate boxes with minimal impact and also consider mitigations such as buffers, siding, etc. City Attorney By Athan clarified that there is currently no agreement with AT&T and that Mr. Parr is referring to the negotiations terms being discussed. The Council will consider the public testimony and the written information provided regarding this item.

Shiyama Clunie, AT&T representative, asked the Council to support Project Lightspeed (PLS). This will increase competition among cable providers and improve the services and products available to customers.

Ann Splittgerber, AT&T employee, expressed her support for PLS because it will provide competition, access to technology, reasonable prices and encourage new technology.

James Simmons, a Walnut Creek resident, encouraged the Council to provide a competitive environment with similar requirements for both AT&T and Comcast. He advised the Council to closely examine how fees are structured to ensure that the City receives the same amount of fees from different providers. He cautioned the Council to investigate how long it will take the provider to extend its service to the entire City.

Melvin McArthur, AT&T employee and resident, expressed excitement about the opportunity to subscribe to PLS and strongly encouraged the Council to support PLS.

Roz Rogoff, resident, expressed concern about how the technology works and whether it is received on the television or computer. She was also interested in the price structure that PLS will offer.

Gustavo Proano, AT&T employee and resident, wants to have a choice on cable. He supports PLS for the possibilities that it will bring to the community. He supports the competition for better pricing and more internet options.

Chris Chandlee, AT&T employee and resident, said that the issues which should concern the Council are choice, competition, price and service.

Carol Mitchell, AT&T employee and resident, said that the main issue is providing a choice to consumers.

Sameer Gandhi, resident, was excited about the opportunity for more choices on international news and programs and encouraged the Council to support PLS.

Lois Kraus, resident, believes that she is paying too much for Comcast service. She supports PLS because of the opportunity for cable choice.

Ken Lear, resident, supports PLS because it gives the community another choice. He also supports the advancement of technology. He believes that competition will improve the cable services to the community. San Ramon is a progressive community and should take advantage of this opportunity.

Mayor Wilson closed the public comment. He directed the City Attorney to prepare a resolution of findings based on the public hearing and to present it to the Council at the February 28, 2006 meeting.

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City Manager Herb Moniz told the Council that the staff, Contra Costa County Transit Authority (CCCTA) and Metropolitan Transit Commission met and are very close to closing the gap to provide transportation funding for Dougherty Valley. He received a commitment from the CCCTA to provide the service beginning in January 2007. Discussions will continue to finalize funding. He expects that a fully funded transportation plan will be presented at CCCTA’s March meeting.

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Cm. Hudson stated that it was appropriate to celebrate what Peggy and Mike Conklin have done for the valley with the Sentinels of Freedom Program.

Cm. Perkins reminded residents that it is against the law to dispose of batteries in the garbage. Household batteries will be accepted at City facilities. Cm. Hudson noted that they may also be taken to the Hazardous Waste Collection Facility in Martinez.

There being no further business, Mayor Wilson adjourned the meeting at 10:02 p.m.

The Council convened in closed session at 10:10 p.m. (1) pursuant to Government Code §54957 for City Council to meet with its labor negotiators, Jeff Eorio, Greg Rogers and Cheryl Mitchell-Wade, concerning negotiations with SEIU Local 790; and (2) pursuant to Government Code §54956.8 for City Council to meet with its real property negotiators: Joye Fukuda and Moustefa Kendroud regarding portions of property identified as APN 213-010-024, 213-010-025,
213-010-026, 213-010-027.

At 10:33 p.m., Mayor Wilson reported that the Council had met in closed session on two items and that no action was taken by the Council on either item.

There being no further business, Mayor Wilson adjourned the meeting at 10:34 p.m.

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

Approved at the February 28, 2006 City Council meeting, 4-0; Perkins absent.