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February 23, 2010

A regular meeting of the City Council of the City of San Ramon was held February 23, 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:  City Manager Herb Moniz, Interim City Attorney Roger Peters, Police Captain Joe Gorton, Recreation Services Division Manager Esther Lucas, Administrative Services Director Greg Rogers, Operations Division Manager Jeff Gault, and City Clerk Patricia Edwards.

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Boy Scout Hayden Curtis and the San Ramon Police Department Honor Guard led those in attendance in the pledge of allegiance. 

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The City Clerk noted that there were no changes or additions to the agenda. The City Clerk noted that there were no changes or additions to the meetings listed on the agenda.     

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(#4.2) Introduction of new San Ramon Police Officers Cory Brady and Rick Gonzalez; Oath of Office for the New Officers and for Corporal Sharlene Dinkins.  Introduction by Captain Joe Gorton.  Administration of Oath of Office by Mayor Wilson.

Police Captain Chief Joe Gorton introduced new police officers Cory Brady and Rick Gonzalez and provided a summary of their careers.  Mrs. Mindy Brady pinned the police badge on her husband, Officer Brady.  Mrs. Ofelia Gonzalez pinned the police badge on her son, Officer Gonzalez.  Captain Gorton introduced Corporal Sharlene Dinkins.  She is a Youth Resource Officer, serves as the crisis negotiation team leader, is a sexual assault detective, and serves on the Internet Crimes Against Children Task Force.  Her uncle, Retired U.S. Army Major Jessie Griffin, pinned her police badge.  Mayor Wilson administered the Oath of Office and presented each officer with a City pin.  He welcomed the officers to San Ramon.

(#4.1) Presentation by Mark DeSaulnier of the 2010 Legislative Packet.

State Senator Mark DeSaulnier presented a summary of his legislative packet.  He is Chair of the Labor and Industrial Relations and Constitutional Reform Committees and serves on the Budget and Fiscal Review Committee.  He is optimistic that a bipartisan effort can be made to reach a budget compromise because of the State’s fiscal crisis.  Cm. Hudson asked if the State is committed to funding AB 32 and SB 375.  Senator DeSaulnier replied that legislation is being proposed to fund SB 375.  There is some discussion to suspend AB 32 because of the global recession.  Cm. Hudson requested that Senator DeSaulnier remain on the Transportation and Housing Committee. 

Cm. Perkins asked if an independent analysis has been done to determine whether the light rail system is economically viable.  Senator DeSaulnier responded that California needs a more mature transit system and that the high speed rail may not meet this need.  Vice Mayor Rowley asked what the State will do about school funding.  Senator DeSaulnier replied that the governor said that education funding will be the most protected.  Mayor Wilson asked why the State has not sunsetted programs that do not do what it was intended to do.  Senator DeSaulnier stated that he supports establishing a Sunset Commission.  City Manager Moniz noted that Senator DeSaulnier is a friend to local government and uses his experience in local government to create sense in Sacramento.  Senator DeSaulnier remarked that the State should look at larger issues and that local governments should take care of what they know best.  He added  that the State wants good projects like San Ramon’s City Center.  Mayor Wilson requested Senator DeSaulnier’s support for the East Bay Regional Communications System.

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(#5.1) Poet Laureate Appointment

Recreation Services Division Manager Esther Lucas provided the report.  Two applicants were interviewed by a sub-committee comprised of two Parks and Community Services Commissioners and one Arts Advisory Committee member.  The Commission reviewed the sub-committee’s recommendation and recommend that the City Council appoint Elaine Betts to the position of Poet Laureate.  Cm. Perkins’ motion to appoint Elaine Betts to serve as the City of San Ramon’s Poet Laureate with a term to expire June 2012 was seconded by Vice Mayor Rowley and passed 5-0. 

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Cm. Perkins’ motion to approve the February 9, 2010 City Council meeting minutes was seconded by Vice Mayor Rowley and passed 5-0.

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The City Clerk noted that there were two speaker cards for item 8.2.

(#8.1) Register of Demands as presented by the City Treasurer (Period ending January 31, 2010)

(#8.3) Minute Order No. 2010-05 – Authorizing the Mayor to Approve Expenditures for the Purchase of Replacement GMC Trucks with TEC of Oakland and Lehmer’s Concord GMC in an Amount Not to Exceed $237,000 and Authorizing the Surplus of Trucks to be Replaced.

(#8.4) Minute Order No. 2010-06 – Ratifying the Architectural Review Board Appointments.

(#8.5) Minute Order No. 2010-07 – Approving Cm. Hudson’s Attendance at the 2010 National League of Cities Congressional City Conference.

(#8.6) Resolution No. 2010-021 – Accepting Certain Roadway Dedications, Easements and Improvements in Subdivision 8929 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.7) Resolution No. 2010-022 – Authorizing the Mayor to Execute Amendment No. 2 to the Agreement with Playworld Systems, Inc. for the Installation of New Playground Equipment at Red Willow Park (CIP No. 5423) in an Amount Not to Exceed $54,500.

(#8.8) Resolution No. 2010-023 – Authorizing the Mayor to Execute Agreement #2 to a Consultant Contract with Michael Brandman Associates for Professional Services to Prepare the Environmental Impact Report for the Five-Year General Plan Update and Related General Plan Technical Assistance in an Amount Not to Exceed $441,500 Including all Reimbursables.

Cm. Perkins’ motion to approve items 8.1 and 8.3 through 8.8 was seconded by Cm. Livingstone and passed 5-0. 

(#8.2) Ordinance No. 423 – 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 the Time Limit for Approved Development Applications in Title D, Zoning Ordinance of the Municipal Code of the City of San Ramon.

Associate Planner Cindy Yee presented the report.  There were no questions from the Council.  Mayor Wilson opened the public comment.

Roz Rogoff, resident, asked if a separate ordinance could be enacted in order to change the status of unattended service stations so that they would be required to have an attendant on site.  

Jim Gibbon, resident, asked if the Environmental Impact Report referred to in item 8.8 is for five years.  Mayor Wilson responded that it is.  Mr. Gibbon expressed his objections to Ordinance 423.  He suggested that it is bad policy to approve two distinct items with one vote.  He noted that allowing the four unattended service stations to be grandfathered in creates a health and safety hazard for the City.  He does not support the time extensions for Development Agreements.

Mayor Wilson closed the public comment.

Cm. Perkins asked Planning/Community Development Director Phil Wong if he would evaluate the appropriateness of project extension requests as the Zoning Administrator (ZA).  Mr. Wong replied that he would and discussed the process.  Cm. Perkins noted that the Ordinance does not automatically allow an extension but provides for a review at the ZA level.  Cm. Perkins asked under what conditions the City could impose attended pumping requirements at current unattended stations.  Mr. Wong responded that if a station requested a building modification, the City would condition the station to provide attended service hours.  Cm. Perkins asked if builders have notified the City that the one year extension will be beneficial for their projects.  Mr. Wong responded that staff hopes that this is the case.  He clarified that the extension applies to development plans and not to development agreements.  Cm. Perkins asked Planning staff to notify  applicants with approved development plans of upcoming deadlines.

Vice Mayor Rowley asked for clarification of the Fire Department regulations regarding unattended service stations.  Fire Marshal Christina Jamison stated that the Fire Code does not permit unattended service stations.  The Fire Code does allow unattended service stations approved by the Fire Official which meet certain conditions.  These include: having a phone to call 911; a cap of 25 gallons; and automatic payment.  Mayor Wilson asked if residents are at risk.  Ms. Jamison stated that the unattended service stations are allowed to operate if the conditions are met.  Cm. Hudson asked if the City currently allows unattended stations.  Mr. Wong replied that the current zoning requirements do not address this issue.  Cm. Hudson stated that unattended stations would be allowed if the Council does not approve Ordinance 423.

Cm. Hudson stated his support for the Ordinance.  Mayor Wilson asked if the City is allowed to combine two items in one Text Amendment.  Interim City Attorney Roger Peters stated that municipalities can combine two issues in one Text Amendment.  Cm. Perkins noted that Ordinance 423 addresses two sections in one Zoning Ordinance Text Amendment.  Cm. Livingstone stated his support for both parts of the Ordinance.  Mayor Wilson affirmed the Council’s concern for residential safety.

Cm. Hudson’s motion to approve item 8.2, Ordinance 423, was seconded by Cm. Livingstone and passed 5-0.

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(#10.1) Arts Advisory Committee Annual Report.

Recreation Services Division Manager Esther Lucas introduced Will Doerlich, Arts Advisory Committee (AAC) Vice Chairperson, who provided the report.  Mr. Doerlich recognized Chair Mike McQuiston’s service to the  AAC.  Mr. Doerlich reviewed the AAC’s Accomplishments and Actions.  He presented the Goals and Objectives for 2010.  The AAC will continue to work to improve visual, performing, and literary arts programs.

Cm. Perkins thanked Mr. Doerlich for the report.  He encouraged residents to apply for the AAC.  Cm. Livingstone stated that he is impressed with the AAC work.  Mr. Doerlich noted that the AAC is doing an inventory of public art.  Vice Mayor Rowley added that the visual and performing arts have blossomed in San Ramon.  Cm. Perkins’ motion to accept the report was seconded by Cm. Livingstone and passed 5-0.

(#10.2) Review of Mid Year 2009-2010 Financial Report.

Resolution No. 2010-024 – Authorizing Mid-Year 2009-2010 Budget Adjustments.

Administrative Services Director Greg Rogers provided the report.  The review includes a comparison to the budget and a revised estimate of full year financial results and the identification of potential mid-year budget adjustments.  The Mid-Year Financial Review

identified several key items.  The General Fund expenditures are projected to be $0.2 million below budgeted levels.  The General Fund revenues are projected to be above budgeted levels by $0.4 million. Staff recommends that the Council reallocate the $2.0 million of  General Fund reserves set aside to cover State property tax borrowing in 2009-10.  He reviewed the identified mid-year adjustments. 

Mayor Wilson thanked Mr. Rogers for the report and the City’s fiscal conservancy. 

City Manager Moniz noted a clarification to Section 4 of Resolution No. 2010-024.  The Personnel Director’s position will be renamed to “Communications and Public Affairs Director/Assistant City Manager” instead of “Communications and Public Affairs Director”. 

Cm. Perkins’ motion to approve Resolution No. 2010-024 as corrected was seconded by Cm. Livingstone and passed 5-0.

(#10.3) Public Hearing:  Resolution No. 2010-025 – Directing Implementation of Certain Provisions of SB 731 Relating to Massage Services.

The staff report was presented by Roger Peters, Interim City Attorney.  It is unclear whether the provisions of SB 731 apply to charter cities.  Charter cities have the exclusive right to regulate municipal affairs.  The regulation of massage permits is a municipal affair.  The proposed Resolution maintains regulatory control over all therapists and establishments including those that are State certified.  Resolution No. 2010-025 is a temporary measure that will be in effect until the City receives the California Attorney General’s opinion regarding SB 731.    

Mayor Wilson asked if San Ramon has communicated with other charter cities regarding this issue.  Mr. Peters responded that Irvine has a temporary permit provision and that Newport Beach has a no fee provision.  Cm. Perkins asked if the Attorney General’s opinion will have the force of law.  Mr. Peters responded that court decisions tend to comply with the Attorney General’s opinion.  The goal is to separate the legal massage services from the illegal and to prevent the illegal.  Mayor Wilson commented that the Council felt that SB 731 does not adequately protect San Ramon’s residents. 

The City Clerk reported that correspondence was received from Massage Envy.  As the largest employer of massage therapists in the City, they support Resolution No. 2010-025 as proposed.  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 approve Resolution No. 2010-025 was seconded by Cm. Livingstone and passed 5-0.

(#10.4) Information Report:  Update on Water Management Strategies for 2010.

Public Services Operations Division Manager Jeff Gault provided the report.  He described the water management strategies currently utilized by the City in response to the East Bay Municipal Utility District’s (EBMUD) mandatory rationing, water rate increases and surcharges.  The City’s Calsense irrigation management system adjusts watering automatically based on weather conditions.  It is monitored though a centralized computer system by Public Service staff.  One of the most important features of the Calsense system is the use of evapotranspiration data (ET). ET is a measurement of the moisture in the soil that evaporates and water that plants transpire into the atmosphere.  This allows staff to precisely apply irrigation water. 

The total EBMUD water use was 300,007,840 gallons in FY 07-08 and 261,879,288 gallons in FY 08-09.  Although the City realized a 20% reduction in irrigation water consumption and a 13% reduction overall, the City paid a $16,100 surcharge to EBMUD in 08-09.  The City has water accounts with the Dublin San Ramon Services District (DSRSD) for water use in Dougherty Valley (DV).  Most of the irrigation water in DV is re-cycled and was not subject to drought restrictions like those imposed by EBMUD during 08-09. 

The California Department of Water Resource Model Water Efficient Landscape Ordinance became effective on January 1, 2010.  Its goal is to reduce water use to the lowest possible practical amount, establish an upper limit, and recognize the need to use water efficiently.  Cm. Perkins asked if the landscape areas installed after January 1, 2010 are in jeopardy as a result of watering restrictions.  Stressed plants are more susceptible to pests, disease and rot.  Mr. Gault stated that the 70% ET applies to turf and that landscape plants need less ET.  He noted that recycled water is exempt from these requirements.  City Manager Moniz stated that the water restrictions are a recipe for disaster when the design for school parks, playfields, and color landscaping are considered.  He advised the Council that the quality of San Ramon will change.  Vice Mayor Rowley noted that the impact is already being felt.  She asked why the City is being penalized for complying.  She requested that the EBMUD representative respond to these issues.  Cm. Hudson expressed frustration with EBMUD and its tiered water rates. 

The City Clerk read a speaker card from Roz Rogoff, resident, asking what the City plans are for rainwater capture.  Mr. Gault responded that the City currently has no plans.  Cm. Perkins’ motion to accept the report was seconded by Cm. Livingstone and passed 5-0.

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Cm. Hudson reported that the Bay Area Air Quality Management Board is concerned with decreasing cancer risks with the goal to reduce toxic air particulate matter by 85%.

Cm. Perkins reminded residents that food scraps can be included in the green waste recycling containers.  Residents interested in obtaining a food scrap bucket should contact Waste Management.

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At 9:54 p.m., there being no further business, Mayor Wilson adjourned the meeting.


H. Abram Wilson, Mayor
Patricia Edwards, City Clerk

Approved at the March 9, 2010 City Council meeting 4-0; Livingstone absent.

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