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 28, 2006 at 7:05 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

ABSENT: Councilmember Perkins.

STAFF PRESENT: City Manager Herb Moniz, City Attorney By Athan, Police Chief Scott Holder, Parks and Community Services Program Director Brad Morris, Community Services Division Manager John Skeel, Parks and Community Services Director Jeff Eorio, Transportation Division Manager Lisa Bobadilla, Assistant Engineer Chris Low, Public Services Director Karen McNamara, Recreation Services Division Manager Esther Lucas, and City Clerk Patricia Edwards.

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Mr. Nathan Greene led the Council, staff, and the audience in the pledge of allegiance.

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Mayor Wilson asked if there were any changes or additions to the agenda. The City Clerk requested that item 10.1 be addressed after item 7.1 to accommodate the speaker. This change was accepted by the Council.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The City Clerk reported that the Finance Committee meeting scheduled for Wednesday, March 8, will be held on
March 15, 2006.

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Police Chief Scott Holder introduced each new officer and reviewed their careers in law enforcement. Mayor Wilson emphasized the partnership between the City, residents, and the police department. He added that San Ramon is fortunate to have officers who care about the City. The officers thanked the Council for the opportunity to work in San Ramon and promised to serve the community by meeting or exceeding the Mayor’s standards. Mayor Wilson presented each officer with a City pin and welcomed the officers and their families to the City. He presented the wives and mothers of the officers with floral bouquets.

Parks and Community Services Director Jeff Eorio introduced his new staff. Sarah Skotvold is assigned to the cultural arts division and the Front Row Theater. She is excited to share her passion with the community. Steve Cox will work in the leisure enrichment division focusing on the after school programs at the schools. Mayor Wilson presented each of them with a City pin and welcomed them to the City family.

Parks and Community Services Program Manager Brad Morris reviewed the program. He noted that, although San Ramon was not named as a "Sports Town USA", the City was chosen as one of 38 communities nationwide to participate in a pilot program called "Magnet Center for Quality Youth Sports". This program studied the direction and need for improvements in youth sports. The City’s program was one of nine finalists (out of 1,300 entries) to be recognized as a Good Sports community.

Parks and Community Services Program Manager Brad Morris recognized Roy Nelson as a "Community Champion" for his dedication to the community and youth. Mr. Nelson is active in securing sponsors and donations, serves on the Executive Board of the Soccer Club, a CYO basketball coach, president of the California High School Boosters and was instrumental in initiating the Recreation Plus program. This is a recreational soccer program that gives players a chance to play at a higher competitive level.

Mr. Nelson remarked that San Ramon has outstanding sports programs. He accepted the award on behalf of all the volunteers who make these programs available. Mayor Wilson commented that volunteers make San Ramon special by caring about the City and youth.

Mayor Wilson presented the Arbor Day proclamation to Jeff Rudden, Chair of the Open Space and Conservation Advisory Committee. Mr. Rudden commented that San Ramon has the best police, the best sports and the best programs for families to enjoy.

Mayor Wilson called a recess at 7:33 p.m. The meeting reconvened at 7:41 p.m.

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Transportation Division Manager Lisa Bobadilla gave the report. She informed the Council that James Eaneman has withdrawn his application because he was appointed to the Arts Advisory Council. She asked the Council to review the applications and appoint two members to the Committee for terms to run through February 2008. The City Clerk provided ballots. After one ballot, Mayor Wilson announced the appointees.

Cm. Hudson’s motion to appoint Gordon Kimber and Harvey Riggs for terms to run through February 2008 was seconded by Cm. Livingstone and passed 4-0.

Mayor Wilson thanked everyone who applied and also the Committee members for their service to the City.

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The City Clerk noted that there were no requests for public comment.

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Cm. Livingstone’s motion to approve the February 14, 2006 minutes was seconded by Vice Mayor Rowley and
passed 4-0.

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Recreation Services Division Manager Esther Lucas introduced Laura Hansen, Chairperson of the Arts Advisory Committee, who provided the report. Ms. Hansen told the Council that the Committee had enjoyed a busy year and was at full complement. She thanked Committee members for their enthusiasm and energy. She reviewed the 2005 Annual Report. The main accomplishments included: a review of City sponsored cultural art events; review and approval of the Crow Canyon Crest Public Art Piece; the opening of the Front Row Theater at Dougherty Station Community Center; recommendations for professional gallery space in the City; creation of a Public Art Percent for Art Program; the Poet Laureate Program; the Take Five for Art Collaboration; reviewing and selecting the art for the 2006 gallery year; and review of applications for a commissioned art piece for Souyen Park. She also presented the Committee’s 2006 goals and objectives. Ms. Hansen acknowledged and thanked Program Manager Kathi Heimann for her assistance to the Committee.

Vice Mayor Rowley thanked Ms. Hansen for a wonderful report.

Mayor Wilson said that it was important for the Council to support the arts in San Ramon. He thanked Committee members for their contributions and dedication.

Cm. Livingstone congratulated Ms. Hansen on the quality of her presentation.

Vice Mayor Rowley thanked the Committee for sharing their love of art with the community.

Donna Kerger complimented the Committee and the City for the wonderful programs that have been presented at the Front Row Theater. She thanked City staff for the quality performances and stated that it is a great opportunity for residents.

Cm. Hudson’s motion to accept the Arts Advisory Committee’s 2005 Annual Report was seconded by Cm. Livingstone and passed 4-0.

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Resolution No. 2006-28 – Authorizing Mid-Year 2005-2006 Budget Adjustments.

Resolution No. 2006-29 – Approving City Council 2006-2007 Liaison Appointments to Area Wide and State Wide Committees, City/Community Committees and Committees of the Council.

Resolution No. 2006-30 – Approving City Council 2006-2007 Appointments to the Southwest Area Transportation Committee (SWAT).

Resolution No. 2006-31 – Approving City Council 2006-2007 Appointments to the Tri-Valley Transportation
Council (TVTC).

Resolution No. 2006-32 – Approving City Council 2006-2007 Appointments to the Central Contra Costa Transit Authority (CCCTA).

Accepting the Work by Top Grade Construction, Inc. for Construction of the FY 2004/05 Pavement Management Project (CIP 5319), Dougherty Road Reconstruction (CIP 5427) and Stagecoach Road (CIP 5429) as Complete and Authorizing the City Clerk to File a Notice of Completion with the County Recorder’s Office.

Resolution No. 2006-33 - Consenting to Relieve John Plane Construction, Inc. of their Bid; Authorizing an Appropriation of $100,000 from the Park Development Fund and Authorizing the Mayor to Execute an Agreement with Rodan Builders, Inc. for the Construction of the Historic David Glass House and Tank House Interior Renovation Phase I Project
(CIP 5419) in an Amount not to Exceed $339,017.

Resolution No. 2006-34 – Landscaping & Lighting District No. 1984-1 Describing New Improvements and Ordering the District Engineer to Prepare and File an Engineer's Report for Fiscal Year 2006/07.

Resolution No 2006-35 – Adopting the California Fair Political Practices Commission’s Guidelines for Imposing and Waiving Fines for Late Statement Filings.

Cm. Hudson’s motion to approve consent calendar items 8.1 through 8.7 was seconded by Cm. Livingstone and
passed 4-0.

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Assistant Engineer Chris Low provided an overview of the project. DERWA has installed both transmission lines and distribution lines for recycled water in the City. The next phase is a pump station (R200A) and pipeline along Bollinger Canyon Road. He introduced Linda Hu, Senior Civil Engineer with the East Bay Municipal Utility District, who provided the report.

Ms. Hu reviewed the background, location, and schedule of the project. She explained the benefits of recycled water for the valley. The pump station will be located near the parking lot in Bishop Ranch 1 and will be buried underground. Only one foot of the structure will be exposed above ground. She reported that the pump station and pipeline project will include 6,600 feet of 16 inch pipe from Iron Horse Trail to Chantrella Drive. This will allow recycled water to be delivered to the northern San Ramon area. She reviewed the project timelines and the public outreach program which will be utilized to inform residents. Construction is expected to begin in October 2006 and end in December 2007. The project is expected to be in service by 2008.

Cm. Hudson asked for details regarding the construction dates and pipeline route. He asked if lines would be added for potential future customers, for example a golf course.

Ms. Hu said that they plan to install the transmission pipelines and the connections for future distribution hookups. This will minimize impacts on Bollinger Canyon.

Cm. Livingstone questioned if the pipeline will run on the south side of Bollinger.

Ms. Hu responded that it will impact the west bound lanes of Bollinger and will result in the closure of one westbound lane.

Vice Mayor Rowley asked if there will be adequate signage to notify the public.

Ms. Hu assured the Council that there will be sufficient signage.

Cm. Livingstone’s motion to accept the report was seconded by Cm. Hudson and passed 4-0.

Public Services Director Karen McNamara updated the Council on the status of the negotiation meetings with Valley Waste Management (VWM). She reported that the City has met twice with VWM to review the previous Council’s and Finance Committee’s direction regarding the franchise agreement and VWM’s initial proposal. She said that VWM has provided updated financial information which is consistent with the financial and contract goals of the City’s Request for Proposal (RFP). They also discussed several options for phasing in the rate increase and VWM has provided several options. She reported that there are several outstanding issues that need to be discussed. Staff recommends that the City continue to meet with VWM. She requested a special Finance Committee meeting be scheduled as soon as possible. At this meeting, staff will present the outcome of the negotiation meetings and the details of a draft agreement. A report would be provided for Council for review at the March 28, 2006 meeting. Mayor Wilson asked that staff schedule the Finance Committee meeting as soon as possible.

Resolution No. 2006-36 – Adoption of Findings as a Result of Public Hearing, February 14, 2006 Concerning Agreement Between the City and A.T. & T. California

City Attorney By Athan presented the report. He stated that the February 14, 2006 public hearing was properly noticed. The meeting considered all the issues involved in granting a franchise for cable service required by Government Code 53066.3. He reported that all of the concerns will be covered in the negotiations by the City Manager. He reviewed the list of proposed findings from the public hearing on AT&T’s proposed Project Lightspeed (PLS). He noted that evidence for the findings was provided by a representative for AT&T and that no contrary evidence was provided by Comcast. He reminded the Council that the City has not yet reached an agreement with AT&T.

The City Clerk noted that information was provided at the meeting to the Council by the California Cable and Telecommunications Association. The City Attorney stated that this information will be available to the public at the City Clerk’s office.

Jeffrey Sinsheimer, an attorney for the California Cable and Telecommunications Association, challenged AT&T’s statement that they are not providing a cable service and so should not be subject to state or local authority. He stated that AT&T’s proposal is actually cable service as defined under federal law and, therefore, AT&T is required to secure a franchise agreement. He expressed concern that the Council would adopt the resolution without knowing what is in the agreement and with the suggestion that AT&T is something other than a cable television provider is of concern to the industry.

Cm. Hudson asked how the City’s agreement with AT&T will impact the City’s authority interest in having universal cable service.

Mr. Sinsheimer replied that he did not know the contents of the proposed agreement. AT&T’s assertion, that an agreement with AT&T will not impact the City’s authority interest in having universal cable service because AT&T is not providing a cable service, is a problem. He Mr. Sinsheimer asserted that there is a problem as long as AT&T defines their service as something other than cable service which he believes contradicts federal law.

Mr. Athan responded that the items required by GC 53066.3 have to be considered by the Council prior to granting a franchise. He added that whether AT&T is providing a cable service or an upgrade to its telephone service is not the Council’s decision. He noted that all other obligations comparable to a cable service will be met.

Marty Robinson, a local Vice President of Operations for Comcast, stated that Comcast is not afraid of the competition with AT&T. He noted that Comcast does have a two-way interactive high speed network. Mr. Robinson stated that Comcast is a good corporate citizen and has met its social and economic obligations. Comcast has a regional office in Bishop Ranch that serves northern California. He asked the Council to hold AT&T to the same corporate standards as they do Comcast. He asserted that once the signal comes through the network into your home, AT&T is providing cable television. Comcast is asking the Council to give consideration to the incumbent and apply the same standards to any new comers. He thanked the Council for pursuing a level playing field.

Cm. Hudson asked if Comcast has any issues with the City’s agreement with AT&T that will impact the City’s authority interest in having universal cable service.

Mr. Robinson responded that Comcast does have issues with this item.

Cm. Livingstone asked if Comcast can match the PLS bandwidth.

Mr. Robinson stated that he is not sure what AT&T is proposing. He added that Comcast currently uses only a fraction of it bandwidth.

Cm. Livingstone said that AT&T claims it will provide 20-25 megabytes.

Mr. Robinson assured the Council that Comcast can surpass that speed.

Cm. Livingstone asked why that bandwidth is not currently available from Comcast.

Mr. Robinson replied that Comcast’s bandwidth has been expanded to 6 megabytes and will continue to expand. He said that it is a supply and demand issue and part of the problem is the change from an analog to a digital environment. He stated that Comcast will match or surpass the speed provided by AT&T. He added that the battle is not simply the speed of technology but the quality of service to the customer. He assured the Council that Comcast will be very competitive and aggressive.

Cm. Hudson observed that the Council has listened to issues that will be decided in federal court. No one is addressing the eight findings. The Council is being asked to adopt the findings as a result of the public hearing on February 14, 2006. He stated that the Council’s issue is whether or not they are following the General Plan which clearly states that the City will look for new technology. He affirmed his support for Resolution 2006-36.

Cm. Livingstone concurred with Cm. Hudson. He added that it is the intention of the City Manager to present a level playing field. He noted that it was interesting that Comcast has the ability to provide greater bandwidth but it appears as though they will only provide it when competition forces them to do so. He supports competition for the citizens of San Ramon. He also supports Resolution 2006-36.

Mayor Wilson clarified that the agreement will be evaluated by the City Manager, the City Attorney and the Mayor.

Vice Mayor Rowley noted that it was an interesting process.

Cm Hudson’s motion to adopt Resolution 2006-36 was seconded by Cm. Livingstone and passed 4-0.

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City Manager Herb Moniz reported that an emergency preparedness training is being presented by the California Specialized Training Institute at the Dougherty Station Community Center. Attendees included City employees, employees from the Town of Danville, and representatives from the San Ramon Valley Unified School District, local corporations and the San Ramon Medical Center. This four day training exercise is an effort by the City and its partners to prepare staff for an emergency. He apologized for any lapse of service by Department Heads as a result of their attendance at the training.

Mayor Wilson emphasized that this is the beginning of an ongoing series for the City to strengthen its disaster preparedness and to work with the School District and business community. The next step will be to coordinate training with all five
Tri-Valley cities.

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Cm. Hudson asked when the street light at Old Ranch Road will be installed. He expressed concern about the power issue at California High School and asked why power can not be provided from the front of the school building. He reminded the Council that they promised the citizens that they would not support Shaping Our Future as it does not support local control and is contrary to the City’s General Plan. He encouraged residents to attend the May 11 5, 2006 concert by Steve Seskin, a talented Bay Area musician.

Vice Mayor Rowley congratulated City staff for participating in the disaster preparedness training. She reported that the recent Science and Math Conference for Girls was a wonderful experience. She invited residents to attend the March 5, 2006 Dublin San Ramon Women’s Club Art Auction and Wine Event at the Dougherty Station Community Center from 1:00 to 4:00 p.m. Tickets are $35.00 per person. She congratulated Mayor Wilson for being our local super hero and helping people in need. She presented him with a red ‘Superman’ cape. She added that he is one of the most active mayors that the City has had. Mayor Wilson thanked the Council for their recognition.

Mayor Wilson reported that the City Manager is working with the appropriate staff and the School Board to resolve the problem with the power lines at California High School.

There being no further business, Mayor Wilson adjourned the meeting at 8:58 p.m. to two closed sessions.

The City Council convened in closed session pursuant to Government Code §54957.6 for the City Council to meet with its labor negotiators, Jeff Eorio, Greg Rogers and Cheryl Mitchell Wade, concerning negotiations with SEIU Local 790. The Council also met in closed session pursuant to Government Code §54956.95 to meet with its legal counsel pertaining to Workers’ Compensation Liability for Kevin O’Brien.

At 10:21 p.m., Mayor Wilson reported that no action was taken by the Council on the negotiations with SEIU Local 790. Mayor Wilson reported that the Council voted 4-0 (Cm. Perkins absent) to authorize the City Manager to settle employee Kevin O’Brien’s claim for back wages in the amount of $60,000 plus associated costs.

There being no further business, Mayor Wilson adjourned the meeting at 10:22 p.m.

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

Approved as corrected at the March 14, 2006 City Council meeting, 4-0; Perkins abstain.