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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

February 9, 2010

A regular meeting of the City Council of the City of San Ramon was held February 9, 2010 at 7:05 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding. 
PRESENT:  Councilmembers Hudson, Livingstone, Perkins, Rowley and Mayor Wilson.
STAFF PRESENT:  Acting City Manager Karen McNamara, Interim City Attorney Roger Peters, Police Captain Chief Joe Gorton, Economic Development Director Marc Fontes, Transportation Division Manager Lisa Bobadilla, Associate Planner Cindy Yee, and City Clerk Patricia Edwards.

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PLEDGE OF ALLEGIANCE

Ethan Bea, AJ Bowman, Eric Chan, Christopher Hanson, Jeremy Judin, Siddharth Kumar, Zachary Stephens, Justin Souza, Trevor Souza, George Yu and James Yu, members of Cub Scout Pack #841, 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.  The City Clerk noted that the Finance Committee meeting was rescheduled to February 18, 2010 at 3:00 p.m. in the Planning Conference Room.  The East Bay Division League of California Cities meeting will be held on February 18, 2010 in Dublin.

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SPECIAL PRESENTATIONS

(#4.1) Recognition of Laurie Dennen and Eric Wallis for their Service on the Economic Development Advisory Committee.  Presented by Mayor Wilson.

Economic Development Director Marc Fontes thanked Laurie Dennen and Eric Wallis for their leadership roles on the Economic Development Advisory Committee (EDAC).  Mayor Wilson presented both Ms. Dennen and Mr. Wallis with a proclamation.  Ms. Dennen thanked the Council for the opportunity to work with EDAC, the Council, and staff and that it was her honor to serve the City.  Mr. Wallis stated that EDAC worked on a variety of projects and that he appreciated the opportunity to serve the City.  Cm. Livingstone thanked Ms. Dennen and Mr. Wallis for their outstanding service to EDAC.

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CITY COUNCIL APPOINTMENTS

(#5.1) San Ramon Chamber of Commerce Representative to the Economic Development Advisory Committee Appointment.

Economic Development Director Marc Fontes presented the report.  Cm. Hudson’s motion to appoint Joe Nelson as the San Ramon Chamber of Commerce Representative to the Economic Development Advisory Committee to a term expiring January 2012 was seconded by Cm. Livingstone and passed 5-0. 

(#5.2) Transportation Advisory Committee Appointments.

Transportation Division Manager Lisa Bobadilla provided the report.  Cm. Hudson’s motion to appoint Harvey Riggs and Victoria Harris to the Transportation Advisory Committee for terms to run through January 31, 2012 was seconded by Vice Mayor Rowley and passed 5-0.

(#5.3) Transportation Demand Management Advisory Committee Appointments.

Transportation Division Manager Lisa Bobadilla provided the report.  Cm. Perkins’ motion to appoint Marci McGuire to the Transportation Demand Management Advisory Committee to a term to expire in January 2012 was seconded by Vice Mayor Rowley and passed 5-0.  Ms. McGuire stated that she was happy to serve another term.

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PUBLIC COMMENT

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APPROVAL OF MINUTES

Vice Mayor Rowley’s motion to approve the January 26, 2010 City Council meeting minutes was seconded by Cm. Hudson and passed 5-0.

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CONSENT CALENDAR

(#8.1) Resolution No. 2010-015 – Accepting Certain Landscape Dedications and Certain Landscape Improvements for Maintenance in Subdivision 8681 (Shapell Industries – Veranda at Gale Ranch).

(#8.2) Resolution No. 2010-016 – Accepting Certain Landscape Dedications and Certain Landscape Improvements within Parcel B of Subdivision 8776 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.3A) Resolution No. 2010-017 – Approving the 2010 City Council Liaison Appointments to Area Wide and State Wide Committees, City Committees, Council Committees, and Other Agencies.

(#8.3B) Resolution No. 2010-018 – Approving the 2010 City Council Appointments to the Central Contra Costa Transit Authority.

(#8.3C) Resolution No. 2010-019 – Approving the 2010 City Council Appointments to the Southwest Area Transportation Committee.

(#8.3 D) Resolution No. 2010-020 – Approving the 2010 City Council Appointments to the Tri-Valley Transportation Council.

The City Clerk noted an error on Exhibit 1 of Resolution No. 2010-017.  The alternate to the League of California Cities – East Bay Division was incorrectly stated as Cm. Hudson and should be Vice Mayor Rowley.  Cm. Livingstone’s motion to approve items 8.1 through 8.3 with the correction noted for Resolution No. 2010-017 was seconded by Cm. Hudson and passed 5-0. 

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UNFINISHED BUSINESS

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NEW BUSINESS

(#10.1) Public Hearing:  Introduction of Ordinance No. (next in line) – Adopting Zoning Ordinance Text Amendment Application TA 09-410-003 Revising:

1) Section D4-40 Service Stations and Car Washes—Prohibiting Unattended Service Stations; and 2) Section D6-34 Time Limits and Extension—Increasing Time Limits for Approved Development Applications of Title D, Zoning Ordinance of the Municipal Code of the City of San Ramon.

Associate Planner Cindy Yee provided the staff report.  The City initiated Zoning Ordinance Text Amendment would prohibit unattended fueling at service stations and increase the time limit for exercising approvals of development applications.  There were no questions from Councilmembers.  Cm. Hudson’s motion to introduce the Ordinance and waive the reading was seconded by Cm. Livingstone and passed 5-0. 

Mayor Wilson opened the public hearing.  There was one speaker request.

Jim Gibbon, resident, spoke against the Ordinance.  He questioned the legality of deciding two distinct issues with one vote.  Unattended gas stations are a health and safety hazard issue.  He questioned if unattended stations violated State law and asked if the San Ramon Valley Fire Protection District was consulted on this issue.  He requested that the Ordinance be modified to include both current and future unattended gas stations. 

Mr. Gibbon stated that extending the time limit for approved development applications is a disservice to the City because it serves developers and applicants and not the residents.  Applications which were approved under an older Uniform Building Code (UBC) may be deficient by current standards.  He noted that the International Building Code (IBC) not the UBC is now used as the base.  The IBC includes the Americans with Disabilities Act (ADA), energy conservation, water usage, Title 24, Stormwater, and air quality requirements.  He requested that the item be tabled until a report is received from the Building and Planning Departments.

Mayor Wilson closed the public hearing.      

Cm. Livingstone asked the City Attorney to clarify the legality of approving two items with one vote.   Interim City Attorney Roger Peters stated that the single subject rule applies to State legislation and is not applicable to city ordinances.  He noted that existing stations have a vested right to continue operations.  The development agreement is not the same as the use permit or the building permit.  Development applications are subject to the Building Code in existence at the time the permit is pulled.  Cm. Livingstone asked if the City could do anything about ‘grandfathered’ unattended gas stations.  Mr. Peters stated that the Council would need to make a high degree of finding that there is an existing public nuisance.  As a general rule, Zoning Ordinance changes are not retroactive.  Cm. Livingstone stated his support for the proposed Ordinance.

Cm. Hudson noted that the City is not the only organization involved in permitting gas stations.  He thanked Cm. Livingstone for bringing this issue to the City’s attention.  He supports increasing the time limit for exercising approvals of development applications as prudent planning. 

Cm. Perkins asked if the Fire District had an opportunity to address the gas station issue.  Ms. Yee replied that the Fire District had an opportunity and that they provided no comments related to this application.  The Fire District specified that the California Fire Code is applicable to all service stations.  Unattended service stations are required to have emergency operation procedures in place to safely shut down the station if needed.  He asked Planning staff to ask the Fire District if they have visited the four stations with unattended operations.  He asked if ADA is part of the UBC.  Mr. Peters stated that ADA is separate.  Cm. Perkins asked if the City is required to adopt the IBC.  Ms. Yee stated that the City has adopted the IBC.  She clarified that the extension applies specifically to the application and not to the building permit.

Cm. Rowley stated that the issue of unattended gas stations was extensively discussed by the Policy Committee.  The Council is very concerned with safety and health hazards in San Ramon.  The Police Department and Fire District were notified of the item.

Mayor Wilson assured residents that their health and safety is a primary concern for the Council.  He added that the Council appreciated residents who interact and question City issues.  He thanked Mr. Gibbon for his comments.

Mayor Wilson’s motion to continue the Ordinance to February 23, 2010 was seconded by Cm. Perkins and passed 5-0.  Mayor Wilson encouraged residents with concerns to contact the Council.

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CITY MANAGER COMMENTS

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COUNCILMEMBER REPORTS

Cm. Hudson reported on a variety of meetings which he attended.  He was appointed to the Bay Area Air Quality Management District’s Climate Protection Committee and the Legislative Committee.  The Association of Bay Area Governments (ABAG) announced that it has Transportation Funds for Clean Air grants available for charging stations.  He noted that Planning Services Division Manager Debbie Chamberlain was appointed as the Southwest Area Transportation Committee representative to the Joint Policy Committee working group of ABAG/MTC for the development of County's Sustainable Community Strategy.  He encouraged Councilmembers to attend the grand opening of the Freeport Regional Water Project Intake Facility.  He announced that he was appointed to the National League of Cities’ Transportation, Infrastructure and Services Policy and Advocacy Committee meeting.  He notified the Council that the Contra Costa Transit Authority is considering a change in the method of conflict resolution from mediation to facilitation.  He stated that Clayton Mayor Julie Pierce has been elected to represent San Ramon to the California Council of Governments.

Vice Mayor Rowley invited residents to attend the ground breaking ceremony for Valley Vista Senior Housing at 2:00 p.m. on February 12, 2010.

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MAYOR’S REPORTS AND COMMENTS

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At 8:03 p.m., there being no further business, Mayor Wilson adjourned the meeting.

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

Approved at the February 23, 2010 City Council meeting 5-0.

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