MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held December 12, 2006 at 7:05 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

STAFF PRESENT: City Manager Herb Moniz, City Attorney By Athan, Police Chief Scott Holder, Parks and Community Services Director Jeff Eorio, Associate Planner Sara Buizer, District Engineer Maria Robinson, Economic Development Director Marc Fontes, Human Resources Director Cheryl Mitchell Wade and City Clerk Patricia Edwards.

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Vice Mayor Perkins 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 that Leslie Mague requested the addition of an item to the Council agenda concerning the Northwest Specific Plan Conditions of Approval. City Attorney Athan explained the procedure by which the Council could add an emergency item. Cm. Livingstone questioned the urgency of the item. Cm. Hudson noted that the correct procedure to contest a decision made by the Planning Commission is to file an appeal to the City Council. There was no motion from the Council to add the item. Cm. Rowley requested that Mrs. Mague address the item under Public Comment.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The City Clerk noted that the Teen Council will meet on December 19, 2006 at 6:30 p.m. at the Dougherty Station Community Center. Cm. Perkins noted that, on December 15, 2006, the Dougherty Valley Oversight Committee will meet and the Inauguration Ceremony for the Dougherty Valley Transit Service will be held at the Dougherty Valley Community Center.

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Police Chief Scott Holder introduced Captain Joe Gorton, Lieutenant Liz Gresham, and Lieutenant Dan Pratt and reviewed their careers in law enforcement. Their families were also introduced. The Mayor presented each officer with a City pin. Mrs. Gorton, Mrs. Pratt and Mr. Gresham pinned the Department badge onto their spouses. Mayor Wilson noted that each officer brings unique strengths to the Department and that the Police team is part of the San Ramon family. On behalf of the Council and staff, he welcomed the officers and their families to the City.

Captain Gorton expressed confidence in the support from the community, its values, and confirmed his commitment to excellence. Lt. Gresham expressed her appreciation for the welcome extended by the City and Council and is anxious to bring her 20 years of police experience to the Department. Lt. Pratt noted that creating a new Police Department is a huge undertaking and stated that he is confident that the Department will work together as a team and a family to achieve success.

Parks and Community Services Director Jeff Eorio introduced Steve Cox, Recreation Technician. Mr. Cox is responsible for the after school enrichment program. In the year that he has worked for the City, he has tripled these program revenues. He was nominated for preparing the City’s proposal which was submitted to the U.S. Conference of Mayors 100 Best Communities for Youth. Mayor Wilson presented Mr. Cox with a certificate and gold star. Mr. Cox thanked the Council and Mr. Eorio for this recognition.

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Mayor Wilson called a recess at 7:35 p.m. The meeting reconvened at 7:45 p.m. with all Councilmembers in attendance.

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Sara Buizer, Associate Planner, provided an update on the Recreational Vehicle (RV) Registration Process. Effective in August 2006, the Ordinance requires that San Ramon residents register their RVs by February 28, 2007. Ms. Buizer reviewed the City’s outreach efforts and the registration procedures. To date, 70 registrations for 72 vehicles have been processed and 11 registrations are pending. Residents with questions should contact the City’s Planning Department.

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

Leslie Mague told the Council that several of the Conditions of Approval for the Northwest Specific Plan (NWSP), which were agreed to by the developer, were omitted from the final document approved by the Planning Commission. An appeal of the Commission’s decision is due by December 15, 2006. As these Conditions were concessions by the applicant, she requested that the City waive the appeal fee.

Cm. Hudson did not support waiving the appeal fee.

Cm. Livingstone stated that, unless the Planning Commission included the items, they are not part of the approved NWSP Conditions of Approval. The Council will conduct a de novo hearing and issue an opinion only if an appeal is filed.

Mayor Wilson suggested that Mrs. Mague discuss the items with the developer. City Attorney Athan stated that the City will enforce the Conditions of Approval but not a private agreement.

Sandy Barclay reported that the landscaping around the Larwin Pump Station is being destroyed by students or people walking to the high school football games. She requested that a second garbage can be placed in the area and that signs be posted. She asked who is responsible for removing the remaining political signs from the bridge and surrounding area. She expressed concern about permit parking and requested that the hours be expanded from 7:00 a.m. to 7:00 p.m. rather than from 7:00 a.m. to 4:00 p.m. and that the permit parking include weekends. She asked why the School District could not build a parking garage to alleviate the problem.

Vice Mayor Perkins noted that it is very expensive to build a parking garage.

Cm. Livingstone cautioned that the extended hours may be detrimental. Mayor Wilson commented that the City is aware of the problem and will work with the residents.

Paul Mitchell informed the Council that, after 12 years, he is leaving the City. He encouraged residents to get involved in City issues. He expressed his appreciation for the Council and City staff.

Cm. Hudson thanked Mr. Mitchell for his input. Cm. Rowley thanked him for his service. Vice Mayor Perkins thanked him for his efforts to make the City run better. Cm. Livingstone wished him well. Mr. Moniz stated that he enjoyed working with Mr. Mitchell and added that it is interesting to hear the residents’ perspectives. The City will miss Mr. Mitchell and his well thought-out comments.

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The City Clerk noted that pages 160 and 161 of the November 28, 2006 transcript need to be amended to include information related to the deposition’s date and number of pages.Vice Mayor Perkins’ motion to approve the November 28, 2006 minutes as amended was seconded by Cm. Rowley and passed 5-0.

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Cm. Hudson requested that item 8.3 be removed from the Consent Calendar for discussion.

Resolution No. 2006-173 – Authorizing the Mayor to Execute Amendment No. 2 to the Agreement with Bashir Anastas for Project Management Services for an Amount Not to Exceed $60,000 and for a Time Extension from February 15, 2007 to June 30, 2007.

Resolution No. 2006-174 – Repealing Resolution No. 2006-135 and Amending the Parking Restrictions Master Street List by Adding Parking Restrictions in Various Areas of San Ramon.

Resolution No. 2006-175 – Authorizing the Mayor to Execute Contract Amendment No. 2 to the Agreement with John Northmore Roberts and Associates for Landscape Architectural Consulting Services for the Historic David Glass House Landscaping Project (CIP 5420) for a Time Extension for December 31, 2006 to June 30, 2007.

Resolution No. 2006-176 – Authorizing the Mayor to Execute Amendment No. 2 to the Agreement with Koff & Associates, Inc. to Increase the Scope of Work to Incorporate Changes to the Data Presentation and Methodology Used Within the Compensation Survey and to Authorize Additional Funds of $2,200 for these Services for a Total Not-to-Exceed Contract Amount of $70,350.

Vice Mayor Perkins’ motion to approve consent calendar items 8.1, 8.2 and 8.4 through 8.6 was seconded by Cm. Livingstone and passed 5-0.

Cm. Hudson requested that Item H in the Policy be modified to read "Dedication of a tree or plant in the City or the addition of a plaque to a City memorial garden may be an acceptable Policy option to recognize the death of a current or former City official or employee and will be considered upon receipt of the request from the decedent’s family may be initiated by a Councilmember with the approval of the decedent’s family".

Mayor Wilson requested that Item F in the Policy be modified to read "It is within the discretion of the City Council The Mayor has the authority to determine under which circumstances the United States flag will be flown at half staff at City facilities in memory of the deceased City official or employee.

Cm. Hudson’s motion to approve consent calendar item 8.3 as amended was seconded by Vice Mayor Perkins and passed 5-0.

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District Engineer Maria Robinson provided the report.

Vice Mayor Perkins asked if the secondary units will be required to pay the Landscaping and Lighting fee. Ms. Robinson replied no.

Mayor Wilson opened the public hearing. There were no requests to address this item. Mayor Wilson closed the public hearing.

Mayor Wilson noted that one ballot was received and directed the City Clerk to tabulate the ballot. The City Clerk announced that the ballot vote was a "yes" vote in favor of confirming Special Assessment Zone 18.

Vice Mayor Perkins’ motion to accept the ballot results was seconded by Cm. Hudson and passed 5-0.

Vice Mayor Perkins’ motion to adopt Resolution No. 2006-177 was seconded by Cm. Livingstone and passed 5-0.

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Proposed Amendment to the Economic Development Advisory Committee By-Laws

Marc Fontes, Economic Development Director, presented the report. The proposed Economic Development Advisory Committee (EDAC) By-Laws amendments would change the membership from two Redevelopment Area property and/or business owners to one Redevelopment Area property and/or business owner and one San Ramon business owner and modify the order of appointments. There were no questions from the Council.

Cm Rowley’s motion to accept the proposed changes to the EDAC By-Laws was seconded by Cm. Hudson and passed 5-0.

Resolution No. 2006-178 – Authorizing the Mayor to Execute a Construction and Financing Agreement for the Dougherty Valley High School Joint Use Performing Arts Center and Aquatics Center Between the City of San Ramon and the San Ramon Valley Unified School District in an Amount not to Exceed $9,200,000

Parks and Community Services Director Jeff Eorio reviewed the history of the City’s needs for an Aquatic Center and a Performing Arts Center. He reviewed the maintenance and use issues for each facility. The maximum total City contribution is $9.2 million with any additional costs to be paid for by the School District and the developer. The high school and facilities are projected to open on time in August 2007.

Vice Mayor Perkins thanked Mr. Eorio and Mr. Moniz for their work in bringing this contract to a conclusion. He also thanked the School District for agreeing to the project which provides benefits to the students and the community and has cost sharing advantages.

Vice Mayor Perkins’ motion to adopt Resolution No. 2006-178 was seconded by Cm. Hudson and passed 5-0.

Resolution No. 2006-179 – Authorizing the Mayor to Execute a Use and Maintenance Agreement for the Dougherty Valley High School Joint Use Performing Arts Center and Aquatics Center Between the City of San Ramon and the San Ramon Valley Unified School District

Parks and Community Services Director Jeff Eorio provided the report and acknowledged the assistance of Finance Director Greg Rogers and Public Services Director Karen McNamara as members of the negotiating team. Mr. Eorio reviewed the components of the Use and Maintenance Agreement for the Dougherty Valley High School Joint Use Performing Arts Center and Aquatics Center. He noted that considerable time was spent addressing traffic flow needs. The 700 parking spaces on campus should provide adequate parking. He added that the school bus program funded by Measure J will begin in 2009. The Agreement has been reviewed by all City departments.

Cm Hudson’s motion to adopt Resolution No. 2006-179 was seconded by Cm. Livingstone and passed 5-0.

Police Chief Scott Holder stated that the current City Code allows for the citation but not the towing of vehicles parked in fire lanes. He reviewed the provisions of the proposed Ordinance and associated costs. There were no questions from the Councilmembers.  Mayor Wilson opened the public hearing. There were no requests to address this item. Mayor Wilson closed the public hearing.

Cm Hudson’s motion to introduce the ordinance, waive the reading, conduct the public hearing and continue the item to the next Council meeting was seconded by Vice Mayor Perkins and passed 5-0.

The staff report was presented by Cheryl Mitchell Wade, Human Resources Director. She reviewed the Employee Classification Study and Compensation Survey and provided details on the classification review, salary range modifications, revised list of employee classifications, new classifications and recommendations. A revised Resolution No. 2006-180 was presented to the Council. Staff recommends that the range be adjusted retroactive to July 1, 2006. There were no questions from the Council.

Mayor Wilson opened the public hearing. There were no requests to address this item. Mayor Wilson closed the public hearing.

City Attorney Athan clarified that the revised Resolution No. 2006-180 included a finding that the City has been in labor negotiations with SEIU Local 790 otherwise the retroactive pay request would be illegal.

Cm Hudson’s motion to adopt revised Resolution No. 2006-180 was seconded by Vice Mayor Perkins and passed 5-0.

Mayor Wilson’s motion that this item be continued to the next City Council meeting was seconded by Cm. Hudson and passed 5-0.

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City Manager Herb Moniz recommended to the Council that the second City Council meeting in December be cancelled and that the City Council adjourn the December 12, 2006 meeting to January 9, 2007. Cm. Hudson’s motion to cancel the December 26, 2006 City Council meeting was seconded by Cm. Livingstone and passed 5-0.

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Vice Mayor Perkins recognized the winners of the San Ramon Chamber of Commerce Community Awards: Dr. Glen Weber, owner of San Ramon Veterinary Hospital, as the Business Person of the Year; Joan Diamond, Principal at Venture School, as Educator of the Year; Jeff Eorio, Parks and Community Services Director, as Employee of the Year; and the Sentinels of Freedom as the Citizen of the Year.

He commended the 40 members of the San Ramon Youth Symphony and their conductor, David Sego, for an outstanding performance.

Cm. Hudson noted that the Council did an outstanding job of honoring the City’s General Plan. He asked that the Council direct the Open Space and Conservation Advisory Committee to prepare the priority list of land acquisitions as outlined in the General Plan and refer this item to the Policy Committee.

Mayor Wilson announced that the "Messiah Sing Along" on December 9, 2006 was a very successful event. He reminded residents that the Inauguration Ceremony for the Dougherty Valley Transit Service will be held on December 15, 2006 at the Dougherty Valley Community Center. Street Smarts – Character Counts! Skate Night will be held at the Golden Skate on December 20, 2006. The San Ramon Symphony will perform their Winter Concert on December 19, 2006. This will be conductor Chuck Taber’s last concert. Mayor Wilson thanked Mr. Eorio and the Parks Department for organizing the Youth Symphony. He encouraged residents to view the Chamber of Commerce 21^st Annual Community Awards on Channel 30. On behalf of the Council and City Staff, he wished everyone a happy holiday season and a prosperous New Year.

At 9:33 p.m., Mayor Wilson convened the Council to Closed Session pursuant to Government Code §54957 for City Council to meet with its Labor Negotiators, Jeff Eorio, Greg Rogers, and Cheryl Mitchell Wade – SEIU Local 790. At 10:32 p.m., Mayor Wilson reported that no action was taken by the Council at the Closed Session.

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 January 9, 2007 meeting, 5-0.