A regular meeting of the City Council of the City of San Ramon was held April 22, 2008 at 6:00 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

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

ABSENT: Councilmember Perkins.

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Police Chief Scott Holder, Recreation Services Division Manager Esther Lucas, Central Services Division Manager Pat Perry, Solid Waste Program Manager David Krueger, Public Services Director Karen McNamara, Assistant Engineer Theresa Peterson, Program Manager Kathi Heimann, Transportation Division Manager Lisa Bobadilla, Emergency Preparedness Manager Raymond Riordan, and Deputy City Clerk Renee Beck.

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At 6:00 p.m. the Council met in Closed Session pursuant to Government Code §54957 to evaluate the position of: (1) City Attorney; and (2) City Manager; and (3) pursuant to Government Code §54956.9 (b) for City Council to meet with its legal counsel pertaining to anticipated litigation. A point has been reached where the City Council is of the opinion, based on the advice of its legal advisor that based on existing facts and circumstances; there is significant exposure to litigation against the City.

At 7:08 p.m., Mayor Wilson reconvened the meeting. Cm. Hudson, Cm. Rowley, and Vice Mayor Livingstone were in attendance. Mayor Wilson reported that no action was taken by the City Council on any of the Closed Session items.

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Police Chief Holder led the staff and the audience in the pledge of allegiance.

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The Deputy City Clerk noted that there were no changes or additions to the agenda or to the Boards, Committee and Commission meetings listed on the April 22, 2008 agenda.

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Mayor Wilson presented Ms. Mary Renalds with a certificate recognizing her Blanket Buddies Program. Ms. Renalds thanked the City Council and stated that the generosity of citizens make the program a success.

Mayor Wilson presented the proclamation to Ms. Sue May. Mayor Wilson invited Cm. Rowley to read part of the proclamation indicating June 28-29, 2008 as the Relay for Life event at California High School. Cm. Rowley urged residents to join the San Ramon team. Ms. May gave statistics describing the impact of cancer on our society. Ms. May invited residents to participate in the Relay for Life event.

Mr. Wong introduced Jason Brandman. Mr. Brandman reported that the California Association for Environmental Professionals recognized San Ramon’s City Center Environmental Impact Report as an Outstanding Environmental Document. Mayor Wilson thanked Mr. Brandman for this award.

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Recreation Services Division Manager Esther Lucas provided the report. She noted that there are currently five vacancies on the Committee. Applications were received from incumbents Will Doerlich and Joanne Ellgas. Mr. Doerlich was interviewed by the Parks and Community Services Commission. Ms. Ellgas will be interviewed at a future date. Ms. Lucas stated that the Commission recommends appointing Mr. Doerlich to a term expiring in April 2010.

Cm. Hudson asked if it was necessary to interview Ms. Ellgas as she is currently a member on the Arts Advisory Committee. Ms. Lucas stated that the Commission felt that all applicants should go through the same appointment process. She added that the Council could appoint Ms. Ellgas now if they so desired.

Cm. Hudson’s motion to appoint Will Doerlich and Joanne Ellgas for two year terms expiring in April 2010 was seconded by Vice Mayor Livingstone and passed 4-0. Cm. Perkins was absent.

Recreation Services Division Manager Esther Lucas provided the report. She noted that there are currently four vacancies on the Senior Advisory Committee. Four applications were received. The Subcommittee of the Parks and Community Services Commission interviewed the applicants. The Commission recommends appointing Garrett Allison, Shirley Ernest, Joan Ernst, and Peter Esse to two year terms expiring in April 2010.

Cm. Rowley’s motion to appoint Garrett Allison, Shirley Ernest, Joan Ernst, and Peter Esse for terms expiring in April 2010 was seconded by Cm. Hudson and passed 4-0. Cm. Perkins was absent.

Deputy City Clerk Renee Beck provided the report. The Citizen Advisory Committee provides recommendations regarding fixed bus route service to the County Connection Board. Each representative must represent the jurisdiction in which they live. Harvey Riggs has served on this Committee since November 2005. Staff recommends that Mr. Riggs be appointed to serve a term through November 2009.

Cm. Hudson’s motion to appoint Harvey Riggs to the County Connection Citizen Advisory Committee for a term expiring in November 2009 was seconded by Vice Mayor Livingstone and passed 4-0. Cm. Perkins was absent.

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

Mr. Jim Gibbon noted that April 22, 2008 is Earth Day and that everyone should be aware of sustainability issues when dealing with the environment. This consideration should be of primary consideration by the Council in its decision-making.

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Vice Mayor Livingstone’s motion to approve the April 8, 2008 minutes was seconded by Cm. Rowley and passed 4-0. Cm. Perkins was absent.

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(#8.3) Minute Order 2008-07 – Authorizing an Expenditure Not to Exceed $225,000 of Approved Funding for Purchase of In-Car Video Systems from International Police Technologies.

(#8.4) Resolution No. 2008-83 – Adopting Findings to Appropriate Funds in the City’s Beautification, Child Care, Creek Mitigation, and Traffic Improvement Funds for the Period Ending June 30, 2007.

(#8.5) Resolution No. 2008-84 – Authorizing the Mayor to Execute Contract Amendment No. 1 to the Agreement with Sausal Corporation for Additional Construction Services for an Amount Not to Exceed $187,386 and Authorizing the Expenditure of $188,660 for the Furnishings, Fixtures and Equipment for the Senior Center Expansion Project (CIP 5424).

(#8.6) Resolution No. 2008-85 – Accepting PA 0032 (Piccadilly Square Park, Lot 7 in Subdivision 8508) for Maintenance (Windemere BLC, Land Development Co., LLC).

(#8.7) Resolution No. 2008-86 – Authorizing the Mayor to Execute an Agreement with MCK Services, Inc. for the Construction of Annual Pavement Management Project (CIP 5397) and Community Center Parking Lot Pavement Rehabilitation (CIP 5438) in an Amount Not to Exceed $1,598,363.

(#8.8) Resolution 2008-87 – Authorizing the Parks and Community Services Department Director to Enter into Contracts with Kids Take The Stage in an Annual Not To Exceed Amount of $90,000 for Fiscal Year 2007/08.

(#8.9) Resolution No. 2008-88 – Authorizing the Mayor to Execute Amendment No. 5 to the Existing Agreement with FloraTech Landscape Management, Inc. to Renew the Agreement for One Year for Dougherty Valley and Parks Landscape Maintenance Services and Increase the Scope of Work to Include additional Dougherty Valley and Parks Landscape areas as well as Weed Abatement Services in a Total Annual Amount Not To Exceed $1,926,938.

(#8.10) Resolution No. 2008-89 - Authorizing the Mayor to Execute Amendment No. 4 to the Existing Agreement with Pacheco Brothers Gardening, Inc. to Renew the Agreement for One Year for Landscape Maintenance Services in a Total Annual Amount Not To Exceed $732,998.

Vice Mayor Livingstone’s motion to adopt consent calendar items 8.1 through 8.10 was seconded by Cm. Hudson and passed 4-0, Cm. Perkins absent.

Mayor Wilson convened the Geologic Hazard Abatement District Board of Directors.

Agency Vice Chair Livingstone’s motion to adopt consent calendar item 8.11 was seconded by Mbr. Hudson and passed 4-0. Mbr. Perkins was absent.

Mayor Wilson adjourned the Geologic Hazard Abatement District Board of Directors.

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Central Services Division Manager Pat Perry presented the report. She stated that City fees and charges are reviewed annually in conjunction with the Budget review. The changes were submitted to the Council on March 25, 2008 prior to the public hearing. No comments were received from the public. Minor changes were made in the General Government, Police Services, and Public Services sections after the March meeting.

Cm. Hudson asked whether notary service would be provided to the general public.

City Manager Herb Moniz stated that the City Clerk’s Department only notarizes official City documents.

Mayor Wilson opened the public hearing. There was no public comment. Mayor Wilson closed the public hearing.

Cm. Hudson’s motion to adopt Resolution 2008-91 was seconded by Vice Mayor Livingstone and passed 4-0. Cm. Perkins was absent.

Solid Waste Program Manager David Krueger presented the report. He indicated that the 2006/07 ballot proceeding was successful in increasing citywide zone funding. This increase allowed for improvements to city-wide landscape and lighting, including median and roadway landscaping on numerous arterial roads re-lamping, photocell installation, and the ability to maintain the 72-hour response time for lighting repairs. The proposed 2008-09 budget is $3.1 million. The budget includes utilities, contractor payments, City personnel, overhead, and plant material. Positive fund balances are projected for the city-wide zones. However, several special zones are projected to have negative fund balances by year end. These zones include Zone 7 (Bent Creek), Zone 9 (Country View), and Zone 10 (Old Ranch Estates). Assessment increases are being recommended for special zones which have not reached their maximum allowed rate. Staff recommends that city-wide zone assessments increase by the 2% previously approved by voters. The reasons for the annual assessment increase include: expenses which exceed revenues, depleted reserves, and projected negative fund balances by year end. The increases would allow revenues to cover expenses for at least 5 years, maintain positive reserve funds for 10 years, and fund deferred landscaping improvements such as upgraded irrigation controllers. Staff recommended increases in areas that require ballot proceedings include: an increase of $250 per year in Zone 7; an increase of $100 per year in Zone 9; and an increase of $150 per year in Zone 10.

Mr. Krueger stated that two public meetings were held in each identified zone to review costs. Additional meetings were held at property owners’ request to discuss lighting issues and specific finance information.

Mayor Wilson asked how residents were notified. Mr. Krueger indicated that mailings were sent and staff provided follow up e-mails and minutes from the meetings. A brochure explaining the proposal was mailed on April 10, 2008.

Vice Mayor Livingstone asked whether this increase would be adequate for the next ten years. Mr. Krueger indicated that this is the case.

Mr. Krueger indicated some property owners support the proposal while others are concerned about the increase. Residents offered cost savings ideas such as water usage and plant replacement. Old Ranch Estates residents suggested emphasizing entry features and de-emphasizing interior neighborhood areas. Bent Creek residents suggested increasing services such as adding rock enhancements to a bridge. Country View residents suggested replacing drought tolerant plants with more lush plants. The City recommends enhancements which would return areas to their peak appearance without adding new features. If the staff recommendation is approved, a second informational brochure will be mailed to property owners. Sample ballots and maps would be included in these packets as well as the voting ballot. The ballot mail-in period would be May 13- July 8, 2008. Ballot tabulation and endorsement of the final Engineer’s Report would be July 9-20, 2008. The outcome of the ballot would be announced at the July 22, 2008 City Council Meeting. If the outcome of the vote is positive, the final Engineer’s Report will be adopted and taken to the County assessor by the August 10, 2008 deadline for addition to the tax rolls.

Mayor Wilson opened public comment.

Harold Wagner, a member of the Country View Homeowner’s Association, stressed that residents should vote on any increases. He is a senior citizen on a fixed income and does not support the proposed 2% increase per year. Mayor Wilson asked staff to investigate the possibility of making an allowance for seniors.

Steve Coghlan, representing Hills of Bent Creek Homeowners’ Association, stated there insufficient information has been provided to justify the need for an increase. He suggested that a smaller increase may be adequate. Mayor Wilson asked what additional information would be helpful to make an informed decision. Mr. Coghlan stated cost reductions were discussed at one meeting including reducing water usage by 10%. He added that outsourced work may not be as cost effective as using City employees. Mr. Coghlan noted the $250 increase exceeded what was discussed at the meetings. He would like to maintain current service levels, investigate cost reductions, and know how the money is spent.

Mayor Wilson asked Public Services Director Karen McNamara to comment on the timeline. Ms. McNamara stated that the issue must be voted on by the May 13, 2008 City Council meeting in order to apply the fees to next year’s tax rolls. City Manager Moniz stated that the August 10, 2008 deadline must be met in order to include the assessment on next year’s tax roll. He stated that City staff would be available to meet with the group before the next Council meeting.

Vice Mayor Livingstone asked Ms. McNamara to respond to the residents’ questions. She said that the Engineer’s Report states what must be done to maintain service at the current levels and that more outreach can be provided to citizens. Staff has looked at cost reductions but that it would not impact the requested $250 increase.

Mayor Wilson closed public comment.

Cm. Hudson noted that it has been 11 years since the last increase. The $74,000 year end negative fund balance makes it imperative to meet the August 10, 2008 deadline to add this assessment to the tax rolls. He also stated that the $250 increase is needed to maintain minimum standards and make up the $74,000 deficit.

Ms. McNamara stated that balloting sets the maximum allowable rate but that the actual rate charged may be lower. The rate is set so that there is no need to re-ballot for future cost increases.

Cm. Hudson’s motion to continue this item to the May 13, 2008 City Council meeting was seconded by Vice Mayor Livingstone and passed 4-0. Cm. Perkins was absent.

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Assistant Engineer Theresa Peterson introduced Jim Bewley, Authority Manager for DERWA. Mr. Bewley stated that DERWA is a partnership between Dublin San Ramon Services District and East Bay Municipal Utility District created to deliver recycled water. Recycled water is water which would normally be discharged into the Bay. With additional treatment, the water can be used for landscape irrigation. Mr. Bewley described the pipeline project that will run along Bollinger Canyon Road from Chanterella to the Iron Horse Trail. The pump station is located on Bishop Ranch 1 East. The pipeline is 16 inches in diameter and a little over a mile long. The pipeline crosses the Kinder Morgan petroleum pipeline at approximately the Iron Horse Trail. Digging at the Kinder Morgan pipeline will be done by hand at night to reduce traffic impacts. The City has also requested night work where traffic intersections will be impacted. The contract for this work is expected to be awarded in the next few weeks and will require that the pipeline project be completed before school begins in the fall. To expedite project completion, the lane closest to the median strip on Bollinger Canyon Road eastbound to Alcosta will be closed for the duration of the project. Construction will not impact traffic during the Art & Wind Festival or July 4^th events. Electronic and painted signs will indicate lane closures and night work as it occurs. Updates on the project can be found at www.derwa.org.

Cm. Hudson questioned the amount of separation between the pipeline and the storm drain. Mr. Bewley stated their pipeline is shallow and that he is comfortable with the amount of separation between the pipes.

Cm. Rowley approves of the pump station design and asked exactly where it would be located. Mr. Bewley stated it is on a private road near Bishop Ranch 1 East. Mr. Bewley stated that DERWA would work with staff to minimize traffic impacts.

Mayor Wilson opened public comment.

Mr. Gibbon asked why the lane on Bollinger Canyon Road would be closed during the project’s duration if the work was done at night. Mr. Bewley reiterated that the night work only involved intersections and the area where the water pipeline crosses the Kinder Morgan petroleum line.

Mayor Wilson closed public comment.

(#10.2) Resolution No. 2008-93 – Approving the Adoption of the City of San Ramon’s 5 Year Cultural Plan 2008-2012.

Program Manager Kathi Heimann described the accomplishments of the previous 5 Year Cultural Plan and how the Arts Advisory Committee utilized those successes to plan for the next five years. The five primary goals of the new plan are to: increase the visibility and marketing of the cultural arts programs; identify San Ramon as a cultural art hub; increase the availability and variety of cultural arts classes in the community, encourage and support professional and amateur artists and performers in the community; and identify ongoing revenue sources to support arts programs in the future. Kathi Heimann introduced Will Doerlich, Vice Chair of the Arts Advisory Committee. Mr. Doerlich noted that the changing demographics of the area are driving positive changes to arts programs. The ultimate goal is to cultivate the arts with quality programs that are self supporting. He described aspects of the 5 Year Plan which include: marketing through brochures and the internet; increasing public art collections; displaying art; new literary programs; cultural dance opportunities; and new theatre events. Mr. Doerlich discussed corporate sponsorships and locating long term funding sources.

Cm. Hudson’s motion to adopt Resolution 2008-93 was seconded by Cm. Rowley and passed 4-0. Cm. Perkins was absent.

(#10.3) Resolution No. 2008-94 – Authorizing the Mayor to Direct Staff to Permanently Close the San Ramon Recycling Center on August 30, 2008, Develop the Site per the Crow Canyon Specific Plan, and Utilize the Cost Savings from Closing the Recycling Center to Fund New and Existing Solid Waste and Recycling Programs.

Program Manager David Krueger provided the report. The recycling center property on Omega Road is owned by the Redevelopment Agency. The center was established in 1992 for interim use only. The original contract for use of the property was for two years and has been renewed until now. The Crow Canyon Specific Plan specifies that the land be developed as mixed-use affordable housing and retail. In 2007, staff researched alternate sites for the recycling center. Currently, there are no appropriately zoned sites available in San Ramon. The cost to buy or lease comparable sites would double the center’s operating costs. Staff does not recommend relocating the recycling center and recommends an August 30, 2008 closure date. The estimated impact of the closure would be a 1% decrease in the City’s recycling rate. Other programs, such as curbside recycling and neighborhood clean up, are available to recycle materials currently taken by the recycling center. Alternate recycling sites include Walnut Creek Recycling, Pleasanton Transfer Station, and other item specific donation centers. Waste Management’s costs of $146,000 per year to operate the recycling center will be given to the City to be used exclusively for recycling programs such as hiring vendors and starting new programs.

Cm. Rowley reminded residents about the various container sizes available from Waste Management and that some additional containers can be requested at no charge. She noted that the City sponsors local electronic waste recycling in the community and designated household and hazardous waste events.

Mayor Wilson opened public comment.

Jim Gibbon remarked that closing the recycling center is not a good idea because the center diverts materials from landfills. He stated the General Plan calls for a recycling center and that this location should be kept open until a new site is found. He added that the recycling center should not be closed until the redevelopment project is ready to start. The City’s new demolition debris ordinance requires recycling of certain types of construction waste and, without the center, there is no place to dispose of this waste. He noted that Waste Management charges extra on trash bills for the Recycling Center but that the closure will not reduce residential bills. He questioned the income received by Waste Management for fees collected for certain recycled materials. He also questioned the potential loss of storm water funds as a result of the closure. He suggests the money saved from closing the center be used to reduce fees. He stated Council should recognize the violation of the General Plan.

Patricia Decker of Castro Valley supports keeping the recycling center open. She likes the convenience of the site and the scrap aluminum recycling. She noted that this is not the time to be eliminating recycling opportunities and is concerned that not enough effort has been made to find another site. She questions whether curbside recycling can absorb the amount of recycling done at the center. She does not want to see good recyclers denied the opportunity to do so. She asked the Council to explore the possibility of partnering with a business or another City to keep the center open. She thanked the City for the services which the center has provided.

Cm. Hudson stated the City has always taken a proactive approach to recycling. He read portions of the staff report that related to Mr. Gibbon’s statements and concerns. He stated that the City sponsors many special drop-off recycling events during the year. Recycling information is available at City Hall. He remarked that San Ramon has achieved its 50% + recycling goals year after year. He added that the City will continue to look for a recycling site but that it is time to move on the Crow Canyon Specific Plan.

Cm. Rowley stated the City is passionate about recycling and the schools offer recycling opportunities. She reminded residents about the hazardous waste event scheduled for June 7 (by appointment only) at the Public Services Yard (5000 Crow Canyon Road).

Vice Mayor Livingstone emphasized that the land currently occupied by the Recycling Center is part of a redevelopment area and that it is time to start that Plan.

Mayor Wilson stated that recycling must be monitored to make sure all needs are met.

Vice Mayor Livingstone’s motion to adopt Resolution 2008-94 was seconded by Cm. Hudson and passed 4-0. Cm. Perkins was absent.

Emergency Preparedness Manager Raymond Riordan presented the report. The purpose of the Policy is to identify how standby officers are selected and what training is required. The goal of the Policy is to make sure standby officers are properly trained to serve in their appointed capacity. The Policy has been reviewed by the City Attorney, City Manager, and the Policy Committee. Selection of standby officers must be carefully considered and the list of alternates must be ratified each year by a City resolution.

Mayor Wilson asked how many other cities have qualifications for their standby officers.

Mr. Riordan stated that no other cities currently have qualifications and that San Ramon will be the first in the state and will be used as a model.

Mayor Wilson asked about succession of standby officers for the Mayor’s position. Mr. Riordan stated that succession would be the Vice Mayor, then a senior councilmember. The Mayor’s standby officer acts in the capacity of a councilmember.

Cm. Hudson reiterated the importance of having the succession plan in writing.

Cm. Rowley requested clarification on the training. Mr. Riordan stated that alternates must complete the specified training courses. Standby officers must also be familiar with other laws that affect conduct of public officials such as the Brown Act. He stated that the next step will be to update the resolution identifying standby officers.

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Cm. Rowley reminded residents that May 1, 2008 is "Wear Purple Day" and that the Relay for Life Event will be held at California High School on June 28 – 29, 2008. She also advised that "Nunsense" is opening at the Front Row Theatre at Dougherty Station Community Center.

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The Mayor announced that the City has openings on the Parks and Community Services Commission, Planning Commission, Teen Council, Arts Advisory Committee, and the Library Advisory Committee. Applications are also being taken for City Poet Laureate. The deadline for all applications is April 25, 2008. Other City events include "Poetry Out Loud" at the San Ramon Library on April 24, 2008 and the San Ramon Community Theatre’s presentation of "Nunsense" from April 25 through May 4, 2008. Forest Home Farms will feature Sheep Shearing Day and the Grand Opening of the Welcome Center on April 23, 2008. Leadership San Ramon’s Family Fun Bike Ride is scheduled at Hap Magee Park on April 27, 2008. San Ramon Farmer’s Market will re-open on May 3, 2008. The Grand Opening of Piccadilly Park will be held on Saturday, May 3, 2008. He announced that the May 10, 2008 performance of Irving Berlin’s, I Love a Piano has been cancelled by the touring company. Ticketholders should contact the theatre for more information. The Mayor announced that the San Ramon Rotary Club is sponsoring the Teen Idol Contest at Canyon View Dining Hall. Mayor Wilson stated that he would appear at the Relay for Life Event at California High School wearing a purple crown if 25 residents attend the event with donations.

At 10:08 p.m., there being no further business, Mayor Wilson adjourned the meeting.

Approved at the April 22, 2008 City Council meeting 4-0; Perkins Abstained.