MINUTES OF THE
CITY OF SAN RAMON
CITY COUNCIL MEETING
November 22, 2022
1. CALL TO ORDER/ROLL CALL
The meeting was called to order at 7:00 p.m.
Attendee Name Title Status Arrived
Dave Hudson Mayor Present 7:00 PM
Sridhar Verose Vice Mayor Present 7:00 PM
Mark Armstrong Councilmember Present 7:00 PM
Scott Perkins Councilmember Present 7:00 PM
Sabina Zafar Councilmember Present 7:00 PM
Also in attendance: City Manager Joe Gorton, City Attorney Martin Lysons, City Clerk Christina Franco, Public Works Directory Maria Fierner, Associate Engineer Gloria Lee, and Public Works Program Manager Kerry Parker.
2. PLEDGE OF ALLEGIANCE
3. ANNOUNCEMENTS
Public comment was received from Tywon Sacontrie.
3.1 Changes and Additions to the Agenda
3.2 If you wish to speak under Public Comment or regarding an agenda item please fill out a speaker card located in the back of the room and submit it to the City Clerk. If you are participating remotely, click the “Raise Your Hand” button on your computer or *9 on your telephone to request to speak when Public Comment is being taken on the Agenda item.
3.3 Board, Committee and Commission Meetings
A complete list of upcoming meetings may be found on the City's website at:
www.sanramon.ca.gov. Subscription service is available at the link for automatic meeting notification. Contact the City Clerk with questions, (925) 973-2539.
4. PUBLIC COMMENT
Public comment was received from Jonathan Latiolais and Tywon Sacontrie.
5. CONSENT CALENDAR
The Mayor pulled items 5.6, 5.9 and 5.10 for further discussion.
Cm. Perkins motion to adopt consent calendar items 5.1-5.5, 5.7, and 5.8 was seconded by Cm. Zafar. The motion passed 5-0-0-0.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Sabina Zafar, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Zafar
5.1 Minutes of the City Council Regular Meeting and Closed Session - Oct 25, 2022 Recommendation: Accept Minutes
5.2 Register of Demands as Presented by the City Treasurer (Period Ending October 31, 2022)
Recommendation: Approve Register of Demand
5.3 Minute Order No. 2022-025 - Authorizing the Continued Use of Teleconferencing for the Meetings of All City Legislative Bodies for the Next 30 Days, Pursuant to the Provisions of AB 361 and as Adopted by Minute Order No. 2021-005 Recommendation: Approve Minute Order No. 2022-025
5.4 Resolution No. 2022-135 - Authorizing the Revisions to the Part Time Temporary Employee Salary Ranges within the Parks & Community Services Department Recommendation: Approve Resolution No. 2022-135
5.5 Resolution No. 2022-136 - Authorizing the Mayor to Execute a Three-Year Revenue Sharing Agreement with EliteSwim DBA ElitSwim for Swim Lesson Instruction in an Amount Not to Exceed $1,100,000
Recommendation: Approve Resolution No. 2022-136
5.6 This item was deferred to Item 7.1
5.7 Resolution No. 2022-138 - Authorizing the Mayor to Execute an Agreement with JD Partners Concrete for On-Call Concrete and Sidewalk Repairs in an Amount Not to Exceed $499,000 for a Two-Year Term Ending December 31, 2024, with the Option to Renew the Agreement for Up to Two Additional Successive OneYear Terms Recommendation: Approve Resolution No. 2022-138
5.8 Resolution No. 2022-139 - Authorizing the Mayor to Execute Amendment No. 4 to the Agreement with Roebbelen Contracting, Inc. (C2018-071) for As-Needed Construction Consulting Services for the Dougherty Station Community Center Renovation Project (CIP 200004) for an Additional Amount of $261,083 with a Cumulative Total Contract Amount Not to Exceed $1,857,023 through June 30, 2024, Funded by 2019 Certificate of Participation Debt Financing Recommendation: Approve Resolution No. 2022-139
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5.9 This item was deferred to item 7.2
5.10 This item was deferred to item 7.3
6. SPECIAL PRESENTATIONS
7. DEFERRED CONSENT ITEMS
7.1 Resolution No. 2022-137 - Authorizing the Mayor to Execute Amendment No. 3 to the Agreement with HF&H Consultants, LLC (C2017-045) for As-Needed Solid Waste Consulting Services in an Amount Not to Exceed $583,000, for a One-Year Extension through December 31, 2023
Recommendation: Approve Resolution No. 2022-137
The Mayor opened public comment. Public comment was received from Tywon Sacontrie. The Mayor closed public comment.
Mayor Hudson's motion to approve Resolution No. 2022-137, authorizing the Mayor to execute amendment No. 3 to the agreement with HF&F Consultants, LLC (2017-045) for As-needed solid waste consulting services in an amount not to exceed $583,000. for a one-year extension through December 31, 2023, was seconded by Vice Chair Verose.
The motion passed 5-0-0-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dave Hudson, Mayor
SECONDER: Sridhar Verose, Vice Mayor
AYES: Hudson, Verose, Armstrong, Perkins, Zafar
7.2 Resolution No. 2022-140 - Authorizing the Mayor to Execute an Agreement with Integra Construction Services, Inc. to Provide Construction Services for the Dougherty Station Community Center Renovation Project (CIP 200004), in an Amount Not to Exceed $2,063,600, Funded by the 2019 Certificate of Participation (COP) Debt Financing
Recommendation: Approve Resolution No. 2022-140
Mayor Hudson motion to continue this item to the December 13, 2022 meeting was seconded by Cm. Zafar. The motion passed 5-0-0-0
RESULT: APPROVED [UNANIMOUS]
MOVER: Dave Hudson, Mayor
SECONDER: Sabina Zafar, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Zafar
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7.3 Resolution No. 2022-141 - Approving the Fifth Amendment to the Agreement for Employment of the City of San Ramon City Attorney and Authorizing the Mayor to Sign the Agreement
Recommendation: Approve Resolution No. 2022-141
City Attorney Martin Lysons recused himself and left the council chamber.
The Mayor opened public comment. Public comment was received from Tywon Sacontrie. The Mayor closed public comment.
Cm. Perkins motion to approve Resolution No. 2022-141, approving the fifth amendment to the agreement for employment of the City Attorney, was seconded by Cm. Zafar. The motion passed 5-0-0-0.
City Attorney Martin Lysons returned to the dais.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Sabina Zafar, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Zafar
8. CITY COUNCIL APPOINTMENTS
9. UNFINISHED BUSINESS
10. NEW BUSINESS
10.1 Resolution No. 2022-142 - Authorizing the Exception to the 180-Day Wait Period Under Government Code Section 7522.56 & 21221(H) for the Hiring of a CalPERS Annuitant and the Temporary Appointment of Sandra Martin as a Recent CalPERS Annuitant to the Position of Facilities and Aquatics Program Manager in the Public Works Department
Recommendation: Approve Resolution No. 2022-142
Public Works Director Maria Fierner presented the staff report.
The Mayor opened public comment. Public comment was received from Tywon Sacontrie. The Mayor closed public comment.
Cm. Perkins motion to approve Resolution No. 2022-142, authorizing the exception to the 180-day wait period under Government Code Section 7522.56 & 21221(H) for the hiring of a CalPERS annuitant and the temporary appointment of Sandra Martin as a recent CalPERS annuitant to the position of Facilities and Aquatics Program Manager in the Public Works Department, was seconded by Cm. Zafar. The motion passed 5-0-0-0. 5 City Council Meeting – November 22, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Sabina Zafar, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Zafar
10.2 Resolution No. 2022-143 - Public Hearing: Pursuant to Streets and Highways Code Section 8324 - Consideration of Vacating a Portion of Right-Of-Way Along Bollinger Canyon Road and Adopting This Resolution Vacating a Portion of Right-Of-Way Abutting Lots 87, 89, and 90 of Subdivision 4383 to the Adjacent Property Owners
Recommendation: Receive the Staff Report, Open the Public Hearing, Receive Public Testimony, Close the Public Hearing and Approve Resolution No. 2022- 143
Associate Engineer Gloria Lee presented the staff report.
Vice Mayor Verose's motion to open the public hearing was seconded by Cm. Perkins.
The motion passed 5-0-0-0.
The Mayor opened public comment. Public comment was received from Tywon Sacontrie. The Mayor closed public comment.
Cm. Perkins' motion to close the public hearing was seconded by Vice Mayor Verose.
The motion passed 5-0-0-0.
Cm. Perkins' motion to approve Resolution No. 2022-143, pursuant to Streets and Highways Code Section 8324 - consideration of vacating a portion of right-of-way along Bollinger Canyon Road and adopting this Resolution vacating a portion of right-of-way abutting Lots 87, 89, and 90 of Subdivision 4383 to the adjacent property owners, was seconded by Cm. Zafar. The motion passed 5-0-0-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Sabina Zafar, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Zafar
10.3 Resolution No. 2022-144 - Discussion of Rate Period 4 Cost-Based Rate Adjustment and Authorizing the Mayor to Execute Amendment No. 2 to the Franchise Agreement (C2018-070) with Alameda County Industries of San Ramon, Inc. for Recycling, Organics, and Solid Waste Collection and Processing Services
Recommendation: Approve Resolution No. 2022-144
Mayor Hudson recused himself, stating on September 29, 2022, Governor Newsom signed SB 1439 (Glazer) into law. This new law requires that he recuse himself from this item, as he has received a campaign donation from ACI within the last year that exceed 6 City Council Meeting – November 22, 2022
the statutory limit of $250 specified under Government Code Section 84308. Mayor Hudson left the dais and chamber.
Public Works Program Manger Kerry Parker presented the staff report.
HF&F Consultants Project Manager Dave Hilton answered questions of the Council.
Vice Mayor Verose opened public comment. Public comment was received from Tywon Sacontrie and Dinesh Govindarao. Vice Mayor Verose closed public comment.
Cm. Perkins' motion to provide direction to staff on the recommended rate choice, was seconded by Cm. Zafar. The motion passed 4-0-1-0.
The City Council took a break at 8:46 p.m. and returned at 8:51 p.m.
City Attorney Martin Lysons clarified that a second motion would be needed for this item.
Cm. Perkins' motion to approve Resolution No. 2022-144, discussion of Rate Period 4 Cost-Based Rate Adjustment and Authorizing the Mayor to Execute Amendment No. 2 to the Franchise Agreement (C2018-070) with Alameda County Industries of San Ramon, Inc. for Recycling, Organics, and Solid Waste Collection and Processing Services, was seconded by Cm. Zafar. The motion passed 4-0-1-0.
Mayor Hudson returned to the dais.
RESULT: APPROVED [4 TO 0]
MOVER: Scott Perkins, Councilmember
SECONDER: Sabina Zafar, Councilmember
AYES: Verose, Armstrong, Perkins, Zafar
AWAY: Hudson
11. CITY MANAGER AND CITY COUNCIL MEMBERS' COMMENTS
11.1 Discussion of Cancellation of December 27, 2022 City Council Meeting The City Council unanimously decided to cancel the December 27, 2022 City Council Meeting.
The Mayor opened public comment. Public comment was received from Tywon Sacontrie. The Mayor closed public comment.
12. PUBLIC COMMENT
13. CLOSED SESSION
The City Council convened to closed session at 9:21 p.m. and returned to the regular meeting at 9:45 p.m.
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13.1 Conference with Legal Counsel – Existing Litigation (California Government Code § 54956.9) Sarah Tuning v. City of Walnut Creek, et al., United States District Court, Northern District of California, Case No. 3:21-cv-05154-SI
13.2 Report on Closed Session
The Council met with its attorneys on the matter of Sarah Tuning v. City of Walnut Creek, et al., and has nothing to report at this time.
14. ADJOURNMENT
The meeting was adjourned at 9:46 p.m.