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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

April 14, 2009

A regular meeting of the City Council of the City of San Ramon was held April 14, 2009 at 6:30 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding. 
PRESENT:  Councilmembers Livingstone, Perkins, Rowley, Vice Mayor Hudson, and Mayor Wilson.
STAFF PRESENT:  City Manager Herb Moniz, City Attorney Byron Athan, Police Chief Scott Holder, Deputy City Clerk Renee Beck, Transportation Division Manager Lisa Bobadilla, Senior Engineer Robin Bartlett, Planning Manager Debbie Chamberlain, Chief Building Official Reggie Meigs, Housing Programs Manger Brooke Littman, and City Clerk Patricia Edwards.

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At 6:30 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.  At 7:07 p.m., Mayor Wilson reconvened the meeting.  All Council members were present.  Mayor Wilson reported that no action was taken on either Closed Session item.

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PLEDGE OF ALLEGIANCE

Ela Altamiro, Shrin Aftahkhn, Emma Beal, Haley Farrell, Leah Johnson, Taylor Rios, Maya Vallinayagam, Amy Vu, and Zoe Whitaker, members of Brownie Troop #30472, led those in attendance in the pledge of allegiance.

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ANNOUNCEMENTS

The City Clerk noted that there were no changes or additions to the agenda.  There was one correction to the Committee meeting information.  The April 16, 2009 Transportation Advisory Committee meeting will be held at the San Ramon Community Center.

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SPECIAL PRESENTATIONS

(#4.1) Update on Drought/Water Conservation by John A. Coleman, Director, East Bay Municipal Utility District.

John Coleman provided an update on the drought/water conservation situation.  The EBMUD Board changed from a mandatory to a voluntary water conservation status effective April 14, 2009.  This change is the result of additional rainfall and conservation efforts.  The drought rates will disappear effective July 1, 2009 but there will be a 7.5% increase in water rates.  He provided information about current water issues, cost tiers, and the anticipated increase in demand for water.  Mayor Wilson thanked Mr. Coleman for working for the residents.  Vice Mayor Hudson asked if the EBMUD Board supports the rebate program.  Mr. Coleman responded that he expects the rebate program to continue.  Cm. Perkins asked what EBMUD is doing to conserve water.  Mr. Coleman replied that EBMUD is actively involved in conservation, recycling, desalination and water transfers.  Cm. Perkins noted that it is difficult for water conscious consumers to find new ways to decrease water consumption.  Mr. Coleman stated that EBMUD took a three year average to establish a baseline for consumers.  Consumers are not penalized for previous conservation and could request a variance if needed.  Cm. Livingstone asked about desalinization and the rebates offered by EBMUD.  Mr. Coleman explained current desalinization technology.  Rebate information is available at www.ebmud.com.  Cm. Rowley thanked Mr. Coleman for being proactive for San Ramon.

(4.2) Proclamation Supporting the “Wellness City Challenge”.  Presented to Cindey Gershen by Mayor Wilson.

Mayor Wilson presented Cindey Gershen with a proclamation supporting the “Wellness City Challenge.”  Mrs. Gershen explained that the objective is for families to adopt healthy eating guidelines.  She introduced her husband, Dr. Gershen.  Dr. Gershen, a pediatrician, stated that 35% of children are overweight and 20% of today’s children are obese.  Mrs. Gershen thanked the Council for their support.

(#4.3) Proclamation Declaring April 24, 2009 as “Arbor Day”.  Presented to Lionel McNeely, Public Services Maintenance Specialist and Cub Scout Pack 295 by Mayor Wilson.

Lionel McNeely, Public Services Maintenance Specialist, said that two trees were planted in conjunction with Spring Clean-Up days at Forest Home Farms.  Zack Gilbert, Michael Kraitchman, Miles Larson and Leander McNeely, members of Cub Scout Pack 295, assisted in the project as part of their forestry and outdoorsman badges.  Mayor Wilson thanked the cub scouts for their assistance.

(#4.4) Recognition of San Ramon Government 101 Graduates:  Evan Arnold, Michael Babin, Michael Barrilleaux, Michael Bluestein, Tresa Clyde, Maura Connell, Charlotte Deneen, Nidhi Gupta, Nancye Harder, Beverly Harris, Victoria Harris, Anna Lemos-Gallup, Michelle Jackson, John Larsen, Shiva Maganahalli, Linda Mannina, Muhammad Moosa, Darshak Patel, Karen Pedersen, Calvin Peterson, Penny Prater, Barkha Ramanadran, Ellen Rosenbluth, Greg Smith, Hany Soliman, Jaime Van Sickle, and Mark Wolff.  Introduction by Patricia Edwards, City Clerk.  Presentation by Mayor Wilson.

City Clerk Patricia Edwards explained the San Ramon Government 101 program.  The objective of the class was to enhance the resident’s understanding of local government, departmental functions, and encourage participation in the City’s Committees and Commissions.  The class met for a tour of the City followed by six weeks of information from City staff.  Mayor Wilson presented each of the participants with a certificate of class completion.  Spokesperson Tresa Clyde thanked the Council and City staff for the opportunity to learn about San Ramon and become involved in its operations.

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CITY COUNCIL APPOINTMENTS

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PUBLIC COMMENT

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

Robert Endries, a County resident, addressed the impact of the budget crisis on staffing in the Contra Costa County District Attorney’s (DA) office and its effect on misdemeanor prosecution.  Eighteen of the DA’s ninety prosecutors will be laid off by July 1, 2009.  It is expected that the DA’s office will only prosecute core misdemeanors.  He discussed the options available for cities to prosecute misdemeanors.  One option is for the individual City Attorney offices to assume responsibility for misdemeanor prosecutions.  He indicated that this option may be cost effective and requested that the Council study the issue.  Mayor Wilson stated that San Ramon is very concerned about the City’s safety and is closely monitoring this issue.

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APPROVAL OF MINUTES

Vice Mayor Hudson’s motion to approve the March 24, 2009 City Council meeting minutes was seconded by Cm. Perkins and passed 5-0.

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CONSENT CALENDAR

(#8.1) Resolution No. 2009-054 – Accepting Certain Roadway and Storm Drain Dedications and Improvements in RA 1124 for Maintenance (Windemere BLC, Land Development Company, LLC).

(#8.2) Resolution No. 2009-055 – Accepting Certain Landscape Improvements in RA1124 for Maintenance (Windemere BLC, Land Development Company, LLC). 

(#8.3) Resolution No. 2009-056 – Authorizing the Mayor to Execute Contract Amendment No. 1 to the Agreement with Quality Plus Construction for Additional Construction Services for an Amount Not to Exceed $12,000 for the Historic David Glass House Interior Renovation – Phase II Project (CIP 5419).

(#8.4) Resolution No. 2009-057 – Authorizing  the Mayor to Execute Amendment No. 4 to the Existing Agreement with Central Maintenance Company, Inc. to Renew the Agreement for Janitorial Services in a an Annual Agreement Amount Not to Exceed $331,222.

(#8.5) Resolution No. 2009-058 – Authorizing the Mayor to Execute Amendment No. 6 to the Existing Agreement with Pacheco Brothers Gardening, Inc. to Renew the Agreement for Landscape Maintenance Services in a Total Annual Amount Not to Exceed $697,740.

(#8.6) Resolution No. 2009-059 – Authorizing the Mayor to Execute Amendment No. 6 to the Existing Agreement with FloraTech Landscape Management, Inc. to Renew the Agreement for Dougherty Valley Landscape and Parks Landscape Maintenance Services in a Total Annual Amount Not to Exceed $1,644,764.

(#8.7) Resolution No. 2009-060 – Authorizing the Mayor to Execute Amendment No. 3 to the Reimbursement Agreement with Shapell Industries for Bollinger Canyon Road Improvements Phase 4 from Market Place to the I-680 Freeway (CIP 5324), in an Amount Not to Exceed $495,000.

(#8.8) Resolution No. 2009-061 – Establishing a Rate of $35 Per Equivalent Runoff Unit for Fiscal Year 2009/10 for the National Pollutant Discharge Elimination System Stormwater Program and Requesting the Contra Costa County Flood Control and Water Conservation District (Flood Control District) to Adopt an Annual Parcel Assessment.

Cm. Livingstone’s motion to approve items 8.1 through 8.8 was seconded by Cm. Rowley and passed 5-0. 

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UNFINISHED BUSINESS

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NEW BUSINESS

(#10.1) Transportation Advisory Committee Annual Report.

Transportation Division Manager Lisa Bobadilla introduced Harvey Riggs, Chair of the Transportation Advisory Committee (TAC), who presented the report.  Mr. Riggs reviewed the role of the TAC and its 2008 accomplishments.  Plans for 2009 include: providing feedback on regional transportation planning studies and projects; monitoring the results of the Radar Speed Display Sign Program; monitoring implementation of warrant criteria for pedestrian flashing beacons in-pavement lighting; providing input on installation of Dougherty Valley Transit Shelters and the San Ramon Bicycle Facilities Guide and other projects with the goal of improving traffic, congestion management, and reducing pollution. 

Cm. Livingstone asked staff and TAC to evaluate the speed photo enforcement zone program currently used in Phoenix.  This program has been exceptionally effective in reducing traffic speeds.  Cm. Perkins thanked the TAC members for their participation on the Committee and for their input on issues evaluated by the Tri-Valley Transportation Council.  Vice Mayor Hudson noted that the County Connection is test driving a new hybrid bus and suggested that it may be suitable for Route 135.

Cm. Perkins’ motion to receive the report was seconded by Vice Mayor Hudson and accepted 5-0. 

(#10.2) Public Hearing:  Introduction of Ordinance (next in line) Amending the San Ramon Flood Insurance Program Ordinance (City of San Ramon Municipal Code Division C4, Chapter IV).

Senior Engineer Robin Bartlett provided the report.  The purpose of the Flood Insurance Program Ordinance is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions.  The Flood Insurance Program Ordinance was last updated in October 1990.  Participation in the National Flood Insurance Program (NFIP) provides residents of San Ramon with access to federally subsidized flood insurance.  Failure to comply with the NFIP requirements could result in increased flood insurance rates for San Ramon residents.  Mr. Bartlett reviewed the proposed changes to the Flood Insurance Program Ordinance.

Vice Mayor Hudson asked who the City’s Flood Plan Administrator is.  Mr. Bartlett replied that the City Engineer serves in that capacity.

Mayor Wilson opened the public hearing. 

Roz Rogoff, resident, stated that it is important for the City to comply with the NFIP requirements so that flood insurance rates do not increase or become difficult for residents to obtain. 

Vice Mayor Hudson asked the City Attorney if he should recuse himself from voting on this issue because of his home’s proximity to the creek.  City Attorney Athan stated that Mr. Hudson is eligible to vote because his interest is the same as that of any resident’s.

Mayor Wilson closed the public hearing.

Vice Mayor Hudson’s motion to introduce the Ordinance, waive the reading, and con-tinue the Ordinance to April 28, 2009 was seconded by Cm. Livingstone and passed 5-0.

(#10.3) Public Hearing:  Introduction of Ordinance (next in line) Adding Chapter V, Secondary Dwelling Unit to Division D4, Standards for Specific Land Uses of Title D, Zoning Ordinance of the Municipal Code of the City of San Ramon – Text Amendment (TA09-410-001).

Planning Manager Debbie Chamberlain presented the report.  Staff recommends that the Council adopt a Second Unit Permitting (Amnesty) Program to encourage legalization of second units throughout the City which have been constructed without benefit of a building permit.  The purpose of this effort is to: ensure that existing second units are safe and habitable; implement the City’s Housing Element; assist in meeting the City’s housing needs by increasing the stock of legal and affordable housing; and encourage the development and permitting of second units by providing assistance in paying necessary fees to legalize second units for the duration of the Second Dwelling Unit Permitting Program (SDUPP).  Staff proposes that the SDUPP run for a period of one year.  Owners or applicants of existing residential second units created on or before January 1, 2009 and new units proposed within the SDUPP period may submit a completed SDUPP application to legalize or establish their second unit. Staff would recommend an annual review of the program to determine if the program should be extended.

The Policy Committee of the City Council considered the SDUPP on December 17, 2008.  The Committee suggested that the fees be paid by the City’s Housing Rehabilitation Program for those who meet the eligibility requirements.  

On March 3, 2009, the Planning Commission held a public hearing to consider SDUPP. Overall the Commission was supportive of the plan and noted that it would assist the City in meeting its Regional Housing Needs Allocation (RHNA) for low and very low income residents.  The Commission asked for clarification as to what Building and Safety would look for when inspecting a second unit that was constructed without building permits. Building and Safety Services will do a visual inspection to verify the structure is sound and appears to meet all building, electrical, plumbing and mechanical codes mandated by the State. If any construction material or installation is “suspect’, a more invasive inspection, (e.g., opening up walls) may be required to verify that it was built correctly.  The Planning Commission noted that the program could motivate residents to legalize second units which have been constructed without building permits.

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

Mayor Wilson asked how the inspections would be done.  Reggie Meigs, Chief Building Official, stated that the Building Code has an administrative process for projects which were completed without a permit.  The process starts with a visual inspection.  Vice Mayor Hudson noted that the inspectors are concerned with the secondary units and not looking for other violations.  Mr. Meigs stated that the goal is to ensure that residents are safe in their homes.  Residents will have the opportunity to get an inspection of the secondary units without the City assessing a double penalty.  Vice Mayor Hudson asked if those who pulled a permit would receive their final inspection.  Mr. Meigs stated that the Building Code requires a final inspection.  Cm. Rowley asked if this process would help homeowners who want to sell their homes.  Mr. Meigs stated that it would help owners who want to sell by allowing them to include the value of the second unit.

Mayor Wilson asked for clarification regarding the financial assistance.  Housing Programs Manager Brooke Littman responded that the City’s Housing Rehabilitation Program provides assistance via grants or loans to bring housing up to Building Code standards.  Including legal secondary units will help the City to meet its RHNA.  Vice Mayor Hudson suggested that weather stripping be provided to homeowners.

Cm. Perkins’ motion to introduce the Ordinance and waive the reading was seconded by Vice Mayor Hudson and passed 5-0.

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

Vice Mayor Hudson’s motion continue the Ordinance to April 28, 2009 was seconded by Cm. Livingstone and passed 5-0.

(10.4) Public Hearing:  Resolution No. 2009-062 – Approving the Filing of an Application for the American Recovery and Reinvestment Act of 2009: Edward Byrne Memorial Justice Assistance Grant Formula Program Funds of $29,161.

Police Chief Scott Holder presented the report.   The Edward Byrne Memorial Justice Assistance Grant (JAG) will enable the Police Department to improve and expand its computer and cellular telephone forensic lab.  The JAG is a formula based grant with allocations based on population and crime statistics.  Contra Costa County has designated the Sheriff’s Office as the fiscal officer for grant administration.  This grant will fund training for staff and purchase equipment to investigate computer crimes, internet crimes, identity theft and cellular phone crimes.

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

Cm. Perkins’ motion to adopt Resolution No. 2009-062 was seconded by Cm. Rowley and passed 5-0.

(#10.5) Public Hearing:  Resolution No. 2009-063 – Authorizing the Filing of a Grant Application for the Community Oriented Policing Services Hiring Recovery Program as a Part of the American Recovery and Reinvestment Act of 2009 to Fund Six Police Officer Positions.

Police Chief Scott Holder presented the report.  Community Oriented Policing Services Hiring Recovery Program (CHRP) is a competitive grant program.  There is no fiscal impact for the first three years of the grant with the exception of any salary and benefit increased costs over the three year period.  In year four, the City agrees to maintain the full cost of the positions for at least one year.  The Police Department has assessed the City’s needs and determined that the addition of the six officers will assist in meeting the needs of the middle school programs and enhance patrol staffing.  

Vice Mayor Hudson asked if the City hires officers as required by Measure C.  Chief Holder responded that historically the City’s growth required adding one officer per year.  Budgetary constraints did not allow the City to hire these officers in the past two years. 

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

Mayor Wilson closed the public hearing.

Cm. Perkins’ motion to adopt Resolution No. 2009-063 was seconded by Cm. Rowley and passed 5-0.

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CITY MANAGER COMMENTS

City Manager Herb Moniz summarized the real estate forecasts which were made at the University of California Berkeley Fisher School of Real Estate Conference which he attended.  Forecasts included the status of single family real estate, financing, and the expectation that the federal Stimulus Package will delay commercial repricing.  In 2011/2013, there will be a slight downturn in both sectors.  In 2013/2015, a moderate recovery will be made.  The experts projected that there should be sufficient financial liquidity by 2011 so that hotels, condos and commercial real estate can be funded.

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COUNCILMEMBER REPORTS

Cm. Rowley invited residents to attend the Civil War reenactments on April 18, 2009 at Forest Home Farms.  She reminded everyone that the Farmers Market will open for the season on May 2, 2009.

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MAYOR’S REPORTS AND COMMENTS

Mayor Wilson encouraged residents to support the local economy by attending the Art and Wind Festival on May 24-25, 2009. 

At 9:01 p.m., there being no further business, Mayor Wilson adjourned the meeting.

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

Approved at the April 28, 2009 City Council meeting 5-0.

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