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March 9, 2010

A regular meeting of the City Council of the City of San Ramon was held March 9, 2010 at 7:55 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding. 
PRESENT:  Councilmembers Hudson, Perkins, Rowley and Mayor Wilson.
ABSENT:  Councilmember Livingstone
STAFF PRESENT:  City Manager Herb Moniz, Interim City Attorney Roger Peters, Police Chief Scott Holder, Transportation Analyst Darlene Amaral, Recreation Services Division Manager Esther Lucas, Transportation Division Manager Lisa Bobadilla, and City Clerk Patricia Edwards.

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Transportation Analyst Darlene Amaral 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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(#4.1) Presentation on 2010 Census by Tessie Zarragoza, Census Representative.

Diane Carlyle and Roland Fernandez, 2010 Census Partnership Assistants, reviewed the procedures for 2010 Census.  The questionnaires will be mailed on March 15, 2010 and should be returned by April 1, 2010.  The form is easy to complete.  Information gathered in the Census is confidential and protected by law.  Ms. Carlyle stated that accurate information is important for proper allocation of federal funds.  California has calculated that for every person not counted, the community loses $11,450 over a ten year period.  She asked the Council to promote the 2010 Census in the community.

(#4.2) Recognition of City of San Ramon as "Best Workplace for Commuters" by National Center for Transit Research.  Presentation by Darlene Amaral, Transportation Analyst.

Transportation Analyst Darlene Amaral presented Mayor Wilson with a plaque recognizing the City of San Ramon as one of the "Best Workplaces for Commuters”.  She described the variety of programs offered by the City to promote commute alternatives.  The award was given by the National Center for Transit Research to cities who meet the Environmental Protection Agency’s National Standards of Excellence for outstanding commuter benefits.  These programs promote energy conservation by reducing traffic congestion and related air pollution.

(#4.3) Recognition of Arlene Dahla, Office Technician, as Employee of the Month for March 2010.  Presented by Mayor Wilson.

Recreation Services Division Manager Esther Lucas introduced Arlene Dahla and reviewed her City work history.  Ms. Dahla is being recognized for her exemplary customer service and for compiling the points associated with the City’s 400 GO Card members.  Mayor Wilson presented Ms. Dahla with a certificate and a gold star and thanked her for her service.  Ms. Dahla thanked the Council for the recognition and stated that she enjoys working for the City.

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

Carolyn Brogger, resident, requested several changes to the City Ordinance regarding barking dogs complaints.  Mayor Wilson gave the request to Vice Mayor Rowley who forwarded the request to Police Chief Scott Holder. 

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Cm. Perkins’ motion to approve the February 23, 2010 City Council meeting minutes was seconded by Cm. Hudson and passed 4-0.  Cm. Livingstone was absent.

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(#8.1) Minute Order No. 2010-08 –  Accepting the Work by MCK Services, Inc. for the Construction of Annual Pavement Management Project (CIP 5409) as Complete and Authorizing the City Clerk to File a Notice of Completion with the County Recorder's Office.

(#8.2) Resolution No. 2010-028 – Accepting Certain Landscape Improvements in RA1211 (a Portion of Bollinger Canyon Road) for Maintenance (Shapell Industries and Windemere BLC, Land Development Company, LLC).

(#8.3) Resolution No. 2010-029 – Repealing Resolution No. 2009-183 and Amending the Parking Restrictions Master Street List Establishing Restricted Parking Zones in the City of San Ramon as per Title B, Division B-8, Chapter I, Article 1, Section B8-1, Stopping, Standing or Parking – Curb Marking Designations.

(#8.4) Resolution No. 2010-030 – Accepting PA 0024 (Tassajara Ridge Staging Area, Lot 5 of Subdivision 8923) Dedications and Improvements for Maintenance (Windemere BLC, Land Development Co., LLC).

Cm. Perkins’ motion to approve items 8.1 through 8.4 was seconded by Cm. Hudson and passed 4-0.  Cm. Livingstone was absent.

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(#10.1) Informational Report:  Proposed Measure J General Plan Amendment Review Process.

Transportation Division Manager Lisa Bobadilla introduced Martin Engelmann, Deputy Executive Director of Planning at the Contra Costa Transportation Authority (CCTA), who presented the report.  Mr. Engelmann provided the information related to the proposed Measure J General Plan Amendment (GPA) review process including background, development process, and procedures.  The Measure J Growth Management Program (GMP) includes a requirement for participation in ongoing cooperative, multi-jurisdictional planning processes.  The existing planning process (Measure C) includes a provision for the analysis of General Plan Amendments and development projects exceeding specified thresholds for their effects on the regional transportation system.  These objectives are outlined in the sub-regional Action plans.  Local jurisdictions are required to comply with the GMP in order to receive 18% Local Street Maintenance and Improvement Funds and 5% Transportation Liveable Communities (TLC).  A major change in the process is the use of “facilitation” rather than “mediation” for conflict resolution.  Facilitation is a less formal form of negotiation that is not subject to confidentiality agreements.  Mr. Engelmann stated that Priority Development Areas (PDA) could be exempted under the Association of Bay Area Government’s (ABAG) and Metropolitan Transportation Commission’s (MTC) criteria but that the CCTA’s Technical Committee elected not to allow PDA exemptions for the GPA review process.  They argued that Smart Growth projects should not generate more than 500 peak hour trips and so should be excluded.  

Cm. Hudson noted that PDAs are purported to be the solution for AB 32 compliance.  He stated that PDAs should be exempt.  He is concerned about the change from mediation to facilitation because facilitation opens up the GPA review process to the public.  He expressed concern about the Memorandum of Understanding (MOU) because long term MOUs are problematic.  City Manager Herb Moniz stated that a MOU could require that the parties involved return to negotiations and create an open ended situation.  Mr. Engelmann replied that facilitation meetings between the sponsoring jurisdiction and the affected jurisdiction are not public or confidential meetings.  GMP compliance is based on whether the jurisdiction participated in the process and not on whether the sponsoring jurisdiction agreed to the mitigation.  CCTA is looking for MOUs with broad principles of agreement.  Mr. Moniz stated that this is about a city’s process to amend a General Plan.  There is a disconnect between the timing for the GPA, CEQA, and facilitation.  Mr. Engelmann stated that the MOU is formulated after the GPA has been approved.  Mr. Moniz stated that a city manager would not recommend that a council approve a GPA that is subject to future negotiation based on another jurisdiction’s whims.  Mayor Wilson asked why cities should do a GPA if they can be renegotiated by another city.  Mr. Engelmann stated that it is unrealistic to expect that a sponsoring jurisdiction can address an affected jurisdiction’s concerns prior to finalizing their GPA.  The GMP requires that you participate in the process.  Mr. Moniz stated that the timelines are established by the CEQA review process and that the legislative body is required to act.  Mayor Wilson requested that follow up written communication be provided to CCTA.

(#10.2) Public Hearing:  Resolution No. 2010-031 – Authorizing the Expenditure of Supplemental Law Enforcement Services Funding for a Community and Youth Resource Officer.

Police Chief Scott Holder presented the report.  He stated that the San Ramon City Council has approved the use of the Supplemental Law Enforcement Services Fund (SLESF) grant money to provide for a Community and Youth Resource Officer position since 1997.   San Ramon will receive a minimum of $100,000 in SLESF money for FY 2009-10.  The SLESF revenue has already been included in the approved Police Services budget for FY 2009-10 to partially fund this position.

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 adopt Resolution No. 2010-031 was seconded by Vice Mayor Rowley and passed 4-0.  Cm. Livingstone was absent.

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Cm. Perkins congratulated the Dougherty Valley High School Girls Basketball Team who had a great season and placed second in the North Coast Section (California Interscholastic Federation).

Cm. Hudson recommended that the Council continue its policy of combining multiple issues in one Text Amendment.  Vice Mayor Rowley concurred.

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Mayor Wilson reported that San Ramon has achieved “Tree City USA” status for 2009.

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At 9:07 p.m., the Council convened to Closed Session pursuant to Government Code § 54956.9 (a) to Confer with Legal Counsel regarding existing litigation: Rasheed et al. v. City of San Ramon et al.  Cm. Livingstone was absent.

At 10:02 p.m., Mayor Wilson reconvened the meeting.  All Councilmembers were in attendance except Cm. Livingstone.  Mayor Wilson reported that the Council met in Closed Session pursuant to Government Code § 54956.9 (a) to Confer with Legal Counsel regarding existing litigation: Rasheed et al. v. City of San Ramon et al.  No action was taken by the Council.

At 10:03 p.m., there being no further business, Mayor Wilson adjourned the meeting.


H. Abram Wilson, Mayor
Patricia Edwards, City Clerk

Approved at the March 23, 2010 City Council meeting 4-0; Livingstone abstain.

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