MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held on June 27, 2006 in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding. The meeting convened to closed session at 6:48 p.m.

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

ABSENT: Councilmember Perkins

STAFF PRESENT: Acting City Manager Greg Rogers, City Attorney By Athan, Police Chief Scott Holder, Administrative Sergeant Paul O’Mary, Administrative Coordinator Gayle Studt, Officer Dave Heinbaugh, Officer Steve Casas, Planning Director Phil Wong, Parks and Community Services Director Jeff Eorio, Parks and Community Services Division Manager John Skeel, Parks and Community Services Program Manager Steve Piersol, Transportation Specialist P.J. Sekhon, Public Services Director Karen McNamara, and Deputy City Clerk Marty Wadekamper.

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At 6:48 p.m., the Council met in closed session pursuant to Government Code §54957.6 to meet with its labor negotiators, Jeff Eorio and Greg Rogers, concerning negotiations with SEIU Local 790. At 7:00 p.m., Mayor Wilson reconvened the meeting. All Councilmembers were in attendance. Mayor Wilson reported that the Council took no action in the closed session.

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Sandy Barclay led the Council, staff, and members of the audience in the pledge of allegiance.

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

Mayor Wilson asked if there were any changes or additions to the Board, Committee and Commission meetings schedule. Vice Mayor Rowley noted that the Senior Advisory Committee meeting scheduled for Monday, July 3, 2006, has been cancelled.

Acting City Manager Greg Rogers asked if Mayor Wilson wished to add a presentation on the Police fundraising program as item 4.9 on the Consent Calendar. Mayor Wilson said that this presentation would be handled under public comment.

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Parks and Community Services Program Manager Steve Piersol assisted Mayor Wilson in introducing David Klech, a recent California High graduate and its outstanding track and field athlete. Mr. Piersol shared a number of Mr. Klech’s achievements over the past year which included being a member of the United States Youth Team. The team traveled to Morocco and competed in the Youth World Championship. Mr. Klech received a Bronze in the 400 intermediate hurdles at the competition. Mr. Klech was named Spring Male Athlete of the Year by the San Ramon Valley Herald and the San Ramon Valley Times Male Athlete of the Year for the second year in a row. He was selected as the 2005-06 Gatorade California Boys Track and Field Athlete of the Year and also the Gatorade National Boys Track and Field Athlete of the Year.

Mayor Wilson presented a proclamation to Mr. Klech and highlighted his achievements.

Mr. Klech thanked the City of San Ramon and California High School for providing him with all the things that he needed to achieve this success.

Transportation Specialist P.J. Sekhon presented certificates to the volunteers who participated in San Ramon’s Second Annual Bike to School Day. The event was held at Montevideo Elementary School on May 18, 2006 in conjunction with the Regional Bike to Work Day.

Three hundred students participated in the day long event which included a breakfast party, bike safety assembly, raffle prize drawings, after-school bike rodeo with obstacle course, bike safety games, and a bike safety clinic. The bike safety clinic was provided at no cost by Dublin Cyclery. As a result of the bike inspections it was determined that 80% of the bicycles had unacceptable tire pressure, 25% required adjustment of their brakes. Most of the other bicycles required repairs to brake pads, brake cables, kick stands and repair of flat tires. This event was such a success that Montevideo has received suggestions requesting this to become an annual event. Mayor Wilson presented Certificates of Appreciation to Sharon Keeton, Kim Maier, Chuck Tyler, Officer Dave Heinbaugh, and Officer Steve Casas. Sgt. Walt Holtz was unable to attend. Ms. Keeton and Ms. Maier thanked the Mayor for the award and stated they have learned and benefited from the program. Mr. Tyler thanked the Mayor for the certificate and congratulated the City on having such an excellent staff organizing the event. He also thanked the four young men from his staff that helped on the event. He encouraged everyone to continue to maintain their bicycles. Officer Heinbaugh thanked the Mayor for the opportunity to relate with the public in a positive environment.

Parks and Community Services Director Jeff Eorio recognized the outgoing Commissioners by highlighting their contributions. While serving as Commissioners, they approved ten new parks, the design of the Dougherty Station Community Center and Library, the new Rancho San Ramon Community Park, and the sports park in Windemere. They provided oversight on all the Parks and Community Services programs administered by the City. It was noted that Commissioner Lundgren was not available to attend this meeting. Commissioner Hunt will be honored at a memorial service at the Dougherty Station Community Center, which he helped to design, on July 2, 2006 at 1:30 p.m.

Mayor Wilson recognized Commissioner Lee for her thoughtful comments and sense of humor. He looks forward to seeing her serve the City again. Mrs. Lee stated she is not leaving but stepping down to focus on the activities of her children.

Mayor Wilson recognized Jeff Tomasich for the outstanding job he did as Student Commissioner. While serving on the Commission for an unprecedented three terms, Mr. Tomasich presented himself in a manner that showed maturity well beyond his years. In giving back to his community as a Student Commission, he has been asset to the City.

Mr. Tomasich thanked staff and the City Council for their help on the Commission and is looking forward to attending the University of California in Los Angles this fall.

Planning Director Phil Wong recognized Michael DiGeronimo for his leadership during his two terms on the Commission and Jeff Rhoton for his service on the Commission during often contentions land use issues. He noted that both have done an excellent job of balancing the goals of the community.

Mayor Wilson presented Mr. DiGeronimo with a proclamation and highlighted a few of his accomplishments. Mr. DiGeronimo was appointed in January 1998 to the San Ramon Planning Commission, was reappointed in June 2002, and served until June 2006. The Mayor thanked him for his candor, being his own person, and for doing what was right
for San Ramon.

Mr. DiGeronimo thanked the community, the City Council members, both past and current, and City staff. He stated that he had learned a lot while on the Commission.

Jeff Rhoton was appointed in July 2002 to the San Ramon Planning Commission where he served until June 2006. He served as Chair of from July 2004 through June 2005. Mayor Wilson complimented him on this passion and commitment to the City.

Mr. Rhoton thanked the City and the Council for his years on the Commission and wished the new Commissioners as much enjoyment as he experienced during his term.

Darlene McKinnon, Deputy District Director for the Small Business Administration’s (SBA) San Francisco District Office, and Michael Elkin, Assistant District Director for Entrepreneurial Development, gave national recognition to Edward Duarte for his significant contribution to our economy by mentoring construction contractors. Mr. Duarte is President of Aztec Construction. Three years ago, Aztec Construction was recognized by the SBA as an outstanding business. This year, Mr. Duarte is being recognized as a mentor, for his community work with youth groups, the Chamber of Commerce, Rotary, and other small businesses. He was asked by the State Department in 1998 to go to Russia and help with their construction contractors. Since that time he has worked with local minority construction contractors to help them build their businesses. This year Sprint /Nextel nominated him as minority small business advocate of the year. Mayor Wilson presented Mr. Duarte with a proclamation and thanked him for his work on behalf of San Ramon. Mr. Duarte thanked the City and the Mayor for the award and gave the example of how he moved his small business to San Ramon because of the quality of life the City offers.

Mayor Wilson presented a Certificate of Appreciation to Gary Sloan, San Ramon Regional Center CEO, for receiving the Aetna, Blue Shield of California, Cigna Healthcare, and United Healthcare’s "Excellence in Patient Safety and Healthcare Quality Award" The award was made based on the Leapfrog Group Hospital Quality and Safety Survey.

Mayor Wilson stated that the City was very fortunate to have a hospital of this quality in our community. Mr. Sloane thanked the Mayor for acknowledging the award and the hospital’s contributions to the community and added that the physicians and staff take pride in their work and the hospital.

Andrea Finkel, General Manager for ClubSport, announced San Ramon as the winner of the 2006 Mayors’ Cup Challenge and presented the award to Mayor Wilson. The purpose of the Mayor’s Cup Challenge is to promote health and physical fitness. Through the use of the facilities offered at ClubSport, participants were able to learn how to continue their fitness program after the contest was over. Mayor Wilson asked all Challenge Cup members in attendance to stand and be recognized. They included Public Services Director Karen McNamara, Student Commissioner Jeff Tomasich, and San Ramon Valley Herald reporter Paul Burgarino. Mayor Wilson thanked the team members for their participation and Ms. Finkel for her help in coordinating this event.

Producer Linda Elliott explained that the Telly Award is given to honor outstanding local, regional and cable television programs. Ms. Elliott submitted her entry for production of a local news show taped in December of 2005. Ms. Yu submitted her entry for a story about the history of the Civil War in the tri-valley. These entries were among over 4,000 that were submitted from competitors like ABC, NBC, CNN, Fox and Disney stations.

Ms. Yu thanked the Mayor for the recognition and Channel 30 for the opportunity to work on this story.

Police Department Administrative Sergeant Paul O’Mary and Administrative Coordinator Gayle Studt presented the Council with K-9 t-shirts. The t-shirts are being sold as a result of citizen requests for ways in which they can supplement and support the efforts of the K-9 Corps. The shirt features the San Ramon symbol, a caricature of Dare (our K-9 officer), and the K-9 unit. Sergeant Paul O’Mary encouraged everyone to purchase a shirt for $20 at the Police Department from 8:30 a.m. to 5:00 p.m. any weekday. They will also be available at the Character Counts! booth at the 4^th of July Spectacular.

Mayor Wilson called a recess at 8:00 p.m. The meeting reconvened at 8:12 p.m. with all Councilmembers in attendance.

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Parks and Community Services Director Jeff Eorio reported that there are four openings on the Arts Advisory Committee. Three vacancies are the result of term expirations and one is the result of a resignation. The vacancies were advertised in the San Ramon Valley Times on April 5, 2006, the City web site, and through City postings. Four applications were received by the May 8, 2006 closing date. Applicants were interviewed by a sub-committee of the Parks and Community Services Commission on June 14, 2006.

Cm. Hudson’s motion to appoint Terry Cunningham, William Doerlich, and Paul S. Goodman to the Arts Advisory Committee with terms to run through April 2008 and to appoint Cindi Hagley for a term to run through April 2007 was seconded by Vice Mayor Rowley and passed 4-0.

The Deputy City Clerk reported that there is one opening for a Student Commission on the Parks and Community Services Commission. The vacancy is a result of the term expiration. The vacancy was advertised in the San Ramon Valley Times on April 5, 2006, the City web site, and through City postings. Applications were received from Daniel Lin, Sadoff Sareshwala, and Drew Williams by the May 8, 2006 closing date. The applicants were interviewed by the City Council on June 27, 2006.

The Deputy City Clerk instructed the Council to cast a ballot for one candidate. Mayor Wilson announced that Drew Williams will be the new Student Commissioner.

Cm. Hudson’s motion to appoint Drew Williams as Student Commissioner to the Parks Commission with a term to run through June 2007 was seconded by Vice Mayor Rowley and passed 4-0.

Parks and Community Services Division Manager John Skeel reported that there are twenty one openings on the Teen Council. The vacancies are the result of term expirations. The vacancies were advertised in the San Ramon Valley Times on April 5, 2006, the City web site, and through City postings. Twenty-nine applications were received by the May 8, 2006 closing date. The applicants were interviewed by a sub-committee of the Parks and Community Services Commission. The sub-committee recommended its selection at the June 14, 2006 Parks and Community Services Commission meeting.

Cm. Hudson’s motion to appoint Mahdi Ardestani, Anitika Beesla, Katie Boyer, Amanda Calderon, Drew Crinnion, Samantha Del Rosario, Lucas Ho, Vicki Hsieh, Kristen Laris, Amanda Levy, Daniel Lin, Matthew Lucas, Alexander Moussavi, Stephanie Pilecki, Sadaf Sareshwala, Sana Sareshwala, Chrysta Storm, Jayme Sy, Jay Vridee, Drew Williams, Alexander Yuan for terms to run through June 2007 was seconded by Vice Mayor Rowley and passed 4-0.

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The Deputy City Clerk noted that there was one request for public comment.

Hassan Sharifi thanked the Planning Commission and City staff for all their hard work. While serving on the Crow Canyon Specific Plan Advisory Committee, he learned about the plan approval process. After extensive discussion, the Committee reached consensus that best serves the citizens of the City. Planning Commissioners DiGeronimo and Rhoton treated everyone with respect and dignity. Mr. Sharifi thanked the commissioners for their commitment. He looks forward to working with the new and remaining members of the Planning Commission.

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Cm. Livingstone’s motion to approve the May 23, 2006 minutes, with corrections and as amended, was seconded by Vice Mayor Rowley and passed 4-0.

Vice Mayor Rowley’s motion to approve the June 13, 2006 minutes was seconded by Cm. Livingstone and passed 4-0.

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The Deputy City Clerk noted that there was one request for public comment on item 8.9.

Roz Rogoff commented that she would like to have the City consider changing its animal control services provider from Contra Costa County to Alameda County because of the close proximity of the animal shelter. She requested that the City research the cost of implementing an in-house animal control services department and consider that option when the contract is up for renewal. Mayor Wilson noted that the City is constantly reviewing all contracts to make sure that they are cost efficient on an ongoing basis.

Resolution No. 2006-89 – Authorizing the Mayor to Execute Amendment No. 1 to an Existing Agreement with Moreland and Associates, Inc. for Audit Services in the Annual Amount not to Exceed $43,900.

Resolution No. 2006-90 – Authorizing the City Manager to Execute a Memorandum of Understanding with Service Employees International Union Local 790.

Resolution No. 2006-91 – Authorizing the Implementation of Changes To Employee Benefits.

Resolution No. 2006-92 – Reporting the Value of Employer Paid Member Contributions.

Resolution No. 2006-93 – Accepting Certain Landscape Parcels and Certain Landscape Improvements in Subdivision 8256 for Maintenance (Shapell Industries/The Bridges at Gale Ranch).

Resolution No. 2006-94 – Authorizing the Mayor to Execute Contract Amendment No. 1 to the Agreement with T.Y. Lin International/CCS for Engineering Consulting Services for the Bollinger Canyon Road/Alcosta Boulevard Intersection Improvement Project (CIP 5320) for a Contract Amount Increase of $46,940.

Resolution No. 2006-95 – Implementing Market Adjustment and Minimum Wage Increase(s) for Part Time Temporary Employee Classifications within the Parks and Community Services and Public Services Departments, Effective
July 1, 2006.

Resolution No. 2006-96 – Authorizing the Mayor to Execute an Amendment to the Consultant Contract with Jacobson & Wack and Crawford, Multari & Clark Associates for Preparation of the Comprehensive Zoning Ordinance Update.

Ordinance No. 379 - Repealing Chapter 1, Dangerous Animals of Division B2, Animals of Title B, Regulations of the Municipal Code of the City of San Ramon and Adoption of a New Chapter 1, Dangerous Animals of Division B2, Animals of Title B, Regulations of the Municipal Code of the City of San Ramon.

Resolution No. 2006-97 – Authorizing the Mayor to Execute Amendment No. 2 to the Existing Agreement with West Coast Arborists, Inc. to Renew the Term of the Agreement for One (1) Year and Increase the Scope of Work for Providing Tree Maintenance Services in an Annual Amount not to Exceed $253,873.

Resolution No. 2006-98 – Authorizing the Mayor to Execute an Agreement with Central Maintenance Company for Providing Janitorial Maintenance Services at City Maintained Facilities in an Annual Amount not to Exceed $192,784.

Resolution No. 2006-99 – Authorizing the Mayor to Execute Amendment No. 3 to an Existing Agreement with FloraTech Landscape Management, Inc. to Provide Landscape Maintenance Services in City Parks in an Annual Amount not to Exceed $236,823.

Cm. Hudson made a motion to approve consent calendar items 8.1 through 8.12, with comments regarding contracting on item 8.9 to be forwarded to the Chief of Police and the City Manager. The motion was seconded by Vice Mayor Rowley and passed 4-0.

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There was no unfinished business

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Public Hearing: Public Hearing for Landscaping and Lighting District No. 1984-1. Staff report by Karen McNamara, Public Services Director.

The Deputy City Clerk reported that two speaker cards were received on Item 10.1.

Public Services Director McNamara said that the Public Hearing is the next step in the Landscaping and Lighting ballot process. On April 11, 2006, the Council approved the Engineer’s Report that designated the costs and revenues associated with the annual operations of the District and authorized staff to conduct the property owner assessment ballot proceedings. On May 12, 2006, approximately 14,250 ballots were mailed. The City has received approximately 7,000-8,000 ballots. The Public Hearing is required to receive and consider testimony relating to the assessments and to make an announcement for the last call to collect ballots. The process of ballot tabulation will begin on June 28, 2006 in the Council Chamber and is open to the public. Francisco and Associates is the outside, impartial party, who will conduct the election and tabulate the ballots. The results will be available to the City Clerk and the City Council as soon as they are verified. The Public Hearing will be continued to the July 11, 2006 City Council meeting and the ballot tabulation results will be officially declared.

Cm. Hudson questioned the number of ballots received.

Ms. McNamara stated the City has received that number of envelopes. Each envelope has a different weighting depending upon the assessment amount represented by the ballot. The ballots received may represent over 7, 000 property owners.

Mayor Wilson opened the public hearing.

Roz Rogoff read an email from Joseph Covello, a City Founder, former Parks Commissioner and former DSRSD Board Member. He questioned the ballot process and the timing of the public hearing. He disapproved of the Landscaping and Lighting notice and the implication that there will be a reduction in City services if the assessment fails. He noted that the City’s General Fund currently provides a $1 million subsidy to the Dougherty Valley to cover a shortfall in that area’s complex funding mechanisms. He stated that the increase is open-ended and in perpetuity.  A 2% COLA increase per year is a certainty irrespective of needed expenditures or projects.  Enterprise Fund services such as water and sewer are required by State law to justify their rates and all proposed increases.  A guaranteed COLA adjustment is not a legitimate methodology.  Depending on a future Council to terminate the perpetual 2% increase is problematic and not very likely. He remarked that the voting process does not come close to a secret ballot.  He stated that the issue is not the $20 per year increase but the voting process which doesn’t make sense. He requested that the City start over again and do it properly.

Mayor Wilson thanked Mr. Covello for his remarks even though he disagrees with them.

Mayor Wilson asked the City Attorney for clarification on the legal issues raised in the email. Mr. Athan said the ballot process was done according to the law. The public hearing is done in order to adopt the resolution into the City. Expenses are justified by the Engineer’s Report which was prepared legally.

Vice Mayor Rowley remarked that four prior public meeting were held and they were all well attended.

Mayor Wilson stated the Council’s open door policy. They respect but may not agree with all the opinions which are expressed.

Cheri Ng stated that she has lived in San Ramon for 34 years. She feels that all this happened after the fact. She first heard about this issue in a phone survey which lasted over 20 minutes and didn’t allow her to say "No". She is concerned about the survey because the first time she heard about the issue it was already a ballot issue. She is concerned about the amount of money spent on advertising. She does not feel that her vote will make a difference. She requested that the landscaping use draught tolerant plants and effective native plants that don’t need to be pruned on a weekly basis. Irrigation water should not go onto the street.

Mayor Wilson thanked Ms. Ng.

Bruce Hacke submitted a speaker card but he was not available to address the Council.

Mayor Wilson closed the public input portion of the public hearing, asked for any remaining ballots to be turned in to the City Clerk, and continued the public hearing to July 11, 2006. Mayor Wilson thanked everyone for participating and especially Ms. Ng.

Cm. Livingstone’s motion to continue the public hearing to declare ballot results and confirm the assessment for FY 2006-07 was seconded by Cm. Hudson and passed 4-0.

Public Hearing: Introduction of Ordinance and Conduct Public Hearing to Consider Prezoning (RZ-06-610-001) and Hold Public Hearing to Initiate Dougherty Valley Annexation #10 (Windemere Phase 5A and 5B).

Jennifer White stated that this will be the conclusion of prezoning of 135 acres in the Dougherty Valley, as recommend by the Planning Commission on June 6, 2006. This will begin the initiation of the Local Agency Formation Commission (LAFCO) proceeding for the annexation of territory into the City. This is the tenth Dougherty Valley annexation. The prezoning encompasses an area directly east of the current city limits, commonly know as Windemere Phases 5A and 5B, to include 580 single family homes currently under construction. There are approximately 115 acres of planned development including 5 acres of parks and recreation. The prezoning includes development regulations for the planed development portion which will regulate future improvements proposed by homeowners in Dougherty Valley. Development regulations for both the single family and multi- family are consistent with previous annexations. To comply with the California Environmental Quality Act (CEQA), a copy of the Dougherty Valley Specific Plan Environmental Impact Report was provided for review. If approved, staff will initiate the proceedings for LAFCO tentatively scheduled for September 2006. The result of this annexation will be approximately $50,000 of property tax revenue for FY 2007-08, increasing to about $250,000 in FY 2010-11 as the homes are occupied. This is the only Dougherty Valley Annexation scheduled for 2006. To date, 65% or 7,000 units have been annexed. Windemere Phase 5C and 3, along with Gale Ranch Phase 3, are expected to be annexed in 2007. The final phase of Dougherty Valley will be annexed in 2008.

Staff recommends that the Council hold the public hearing, take testimony, and make a finding that the Council has considered Dougherty Valley Specific Plan for the purposes of complying with CEQA. Staff recommends introducing the Ordinance for approval at the July 11, 2006 City Council meeting and adopting the Resolution authorizing the City to make the necessary applications to LAFCO.

Mayor Wilson opened the public hearing. The Deputy City Clerk reported that there were no speaker cards for this item. The Mayor closed the public hearing.

Cm. Hudson moved introduction of the Ordinance, made the findings that the Council has considered the Dougherty Valley Specific Plan 1996 and 2004 addendum to the supplemental Environmental Report for the purpose of complying with CEQA, and set the Ordinance for adoption at the July11, 2006 City council meeting. The motion was seconded by Cm. Livingstone and passed 4-0.

Cm. Hudson’s notion to adopt Resolution No. 2006-100 was seconded by Cm. Livingstone and passed 4-0.

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Acting City Manager Greg Rogers had no comment.

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Cm. Hudson reported on the County’s Urban Limit Line ballot measure. He is concerned with the ballot measure as it is not the same as had been outlined in Measure J.

Mayor Wilson asked if the subject was coming before the Mayors’ Conference and Cm. Hudson stated that he did not think so.

Cm. Hudson stated that the Contra Costa Transit Authority also discussed the issue and how it affects Measure J.

Mayor Wilson asked Cm. Hudson to bring up the topic at the Mayors’ Conference on Thursday, July 6, 2006, so everyone would be aware of the issue.

Cm. Hudson thanked the outgoing Commissioners for their service.

Mayor Wilson announced the appointment of Scott Holder as the Police Chief of the newly created San Ramon Police Department. Mayor Wilson thanked him for accepting the position and congratulated him on behalf of the City Council.

Mayor Wilson announced the memorial service for Parks and Community Services Commissioner Hunt at the Dougherty Station Community Center at 1:30 p.m. on Saturday, July 1, 2006. He asked citizens to contact City Hall for further information.

There being no further business, Mayor Wilson adjourned the meeting at 8:51 p.m.

Mayor Wilson convened to Closed Session at 9:05 p.m. pursuant to Government Code §54957 to evaluate the position of City Manager.

At 9:10 p.m., Mayor Wilson reported that after a review of the City Manager’s performance this past year, Cm. Livingstone’s motion was seconded by Vice Mayor Rowley and unanimously approved to authorize and direct the Mayor to negotiate an amendment to the employment contract with Herb Moniz as to compensation consistent with the consensus of the City Council.

There being no further business, Mayor Wilson adjourned the meeting at 9:10 p.m.

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

Approved at the June 27, 2006 City Council meeting, 4-0; Perkins abstain.