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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

December 14, 2010

A regular meeting of the City Council of the City of San Ramon was held December 14, 2010 at 7:06 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.
PRESENT:  Councilmembers Hudson, Livingstone, Rowley, and Mayor Wilson.
ABSENT:  Vice Mayor Perkins.
STAFF PRESENT:  City Manager Herb Moniz, City Attorney Sheryl Schaffner, Police Chief Scott Holder, Planning/Community Development Director Phil Wong, Planning Division Manager Debbie Chamberlain, and Deputy City Clerk Renee Beck.

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PLEDGE OF ALLEGIANCE

Pack 842, Den 3 from Montevideo Elementary School led those present in the pledge of allegiance.  Participants were Cub Scouts Cole Casebeer, Dylan Vidal, Garrett Grant, Gavin Fancher, Jeevan Gosal, Josh Gerlach, Matthew - Sin Yan Too, Max Gonzales, Nick Reid, Ryan Middleton, Ryder Kelsey, Sean Martinez, Shreyas Raj, Yojit Sharma, and Yuval Madne.

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ANNOUNCEMENTS

Mayor Wilson requested that Agenda Item #6 - Public Comment be heard after Agenda Item #10 - New Business.  There was no objection from the Council.

Cm. Rowley noted that the Policy Committee Meeting scheduled for December 22, 2010 has been rescheduled for December 15, 2010.

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SPECIAL PRESENTATIONS

(#4.1) Recognition of Chuck Tyler of Dublin Cyclery for his Shop's Involvement in the Street Smarts Bike Rodeos and Programs.  Presented by Mayor Wilson.

Street Smarts Representative Nat Rojanasathira thanked Chuck Tyler for his involvement in the Street Smarts Bike Rodeos.  Mr. Tyler’s contributions included bike checks, parts, and donations.  Mayor Wilson presented Mr. Tyler with a plaque and thanked him for his services.  Mr. Tyler stated he enjoys working the Bike Rodeos.

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CITY COUNCIL APPOINTMENTS

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PUBLIC COMMENT

Public Comment deferred until after New Business.

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APPROVAL OF MINUTES

(#7.1) Minutes of the November 23, 2010 regular meeting.

Cm. Livingstone’s motion to approve the November 23, 2010 regular City Council meeting minutes was seconded by Cm. Rowley and passed 4-0.  Vice Mayor Perkins was absent.

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CONSENT CALENDAR

(#8.1) Resolution No. 2010-125 – Authorizing the Mayor to Execute an Agreement with AJW Construction for the Construction of the Annual Curb, Gutter and Sidewalk Repair Project (CIP 5471) and for Miscellaneous Concrete Repair Work for the Period between January 2011 and December 2011 in an Amount Not to Exceed $144,750.

(#8.2) Resolution No. 2010-126 – Authorizing the Mayor to Execute an Agreement with Galedrige Construction, Inc. for the Construction of the Annual Pavement Repair Stop Gap Project (CIP 5484) in an Amount Not to Exceed $215,000.

(#8.3) Resolution No. 2010-127 – Approving Participation In and Authorizing the City Manager to Execute an Agreement with the Association of Bay Area Governments for the Bay Area-Wide Trash Capture Demonstration Project.

(#8.4) Resolution No. 2010-128 – Accepting the Certificate of the County Clerk to Results of the Canvass for the City of San Ramon’s November 2, 2010 General Election.

(#8.5) Resolution No. 2010-129 – Repealing Resolution No. 2010-111 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.

Cm. Hudson’s motion to approve items 8.1 through 8.5 was seconded by Cm. Livingstone and passed 4-0.  Vice Mayor Perkins was absent.

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UNFINISHED BUSINESS

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NEW BUSINESS

(#10.1) Resolution No. 2010-130 – Authorizing the Mayor to Execute Amendment #3 to an Agreement with Michael Brandman Associates for Professional Services to Prepare the Environmental Impact Report for the General Plan Update and Related General Plan Technical Assistance in an Amount not to Exceed $41,000 including all Reimbursables and Extend the Term of the Contract to December 31, 2011.

Planning Division Manager Debbie Chamberlain presented the report.  She stated that, due to the failure of Measure W, modifications must be made to General Plan 2030.  These modifications include: updating the Urban Growth Boundary to reflect the voter approved 2002 boundary; acknowledging the expiration of Ordinance 197; and complying with new state law regarding Complete Street Requirements.  The majority of work will be done by City staff.  Michael Brandman Associates will provide technical assistance.  She noted that the state allows cost recovery for state mandated General Plans through City permit fees.

Mayor Wilson asked for clarification of Ordinance 197 relative to the failure of Measure W.  Ms. Chamberlain stated that Ordinance 197 is due to expire on December 31, 2010.  She indicated that there are no projects currently pending which would be affected by the expiration of Ordinance 197.

Cm. Rowley asked Ms. Chamberlain to elaborate on the City’s commitment to the fundamentals of Ordinance 197.  Ms. Chamberlain stated that the tenants of Ordinance 197 would be followed in the future. 

Cm. Hudson asked if Ordinance 129 was still valid.  Ms. Chamberlain stated that Ordinance 129 is still valid and provides for a Conservation Overlay District which would apply to any new applications. 

Mayor Wilson opened Public Comment.

Resident Jim Blickenstaff asked for clarification of whether this is a new Environmental Impact Report (EIR) or an extension of the old EIR.  He wants to ascertain the necessity for this expenditure.  He requested confirmation that the protections provided by Ordinance 197 and included in the current General Plan 2020 will continue to be implemented.

Resident Jim Gibbon stated that the EIR for General Plan 2030 is inadequate for the General Plan 2020 update or for a new General Plan 2030.  He stated that the EIR does not reflect the needs or direction of the City and questioned the need to spend more money on it.

Mayor Wilson closed Public Comment.

Mayor Wilson asked Ms. Chamberlain to respond to the comments.  Ms. Chamberlain stated the EIR modifications will be an addendum to the adopted and certified EIR. 

Planning/Community Development Director Phil Wong added that the General Plan is still necessary and appropriate.  Due to changes and additions to state law, the General Plan must be made consistent with current law updates.  Resolution No. 2010-130 will provided needed technical assistance to make the necessary changes.  He stated that every city must update their General Plan due to the Certified Housing Element and the passage of AB 32 and SB 375 by the State. 

Cm. Hudson asked if the City has received a letter requesting an Updated Current General Plan that is consistent with State law.  Mr. Wong stated that the City received that letter from the Office of Planning and Research earlier this year.

Mayor Wilson asked about the expiration of Ordinance 197.  Mr. Wong reiterated that the main tenants of Ordinance 197 are supported by the Conservation and Open Space Element of the General Plan. 

Mayor Wilson asked if business relocation has ever been a part of the North Camino Ramon Specific Plan (NCRSP).  Mr. Wong stated that business relocation has never been part of the NCRSP.  Mayor Wilson stated that service commercial is an integral part of the San Ramon community.

Cm. Rowley asked Mr. Wong to explain Resolution No. 2010-130 in light of the no vote on Measure W.  Mr. Wong stated that due to the failure of Measure W, the mapping needs to reflect the General Plan 2020 urban growth boundary and Ordinance 197 will need to be excluded due to its December 31, 2010 expiration.  General Plan 2020 must also be updated to be consistent with the City’s Housing Element and new state law.

Mayor Wilson asked Mr. Wong if there was any reference to the Tassajara Valley in the General Plan voted on in 2002.  Mr. Wong indicated there was a reference to it.  Mayor Wilson stated the citizens who wrote General Plan 2020 understood the ramifications to San Ramon if there was development in the Tassajara Valley.

Cm. Hudson read a portion of Measure G (General Plan 2020) that was approved by the voters in 2002.  General Plan 2020 requires a 10 year update of the General Plan.  Resolution No. 2010-130 is necessary to complete the update. 

Mayor Wilson reiterated that there is no plan to get rid of any businesses in San Ramon.  The service businesses are needed and necessary and are in the best interest of the City and its residents.  He urged people to contact the City Council if they have any questions in this regard.

Cm. Rowley promoted the Shop San Ramon program which includes service businesses in San Ramon.

Cm. Hudson stated that a 20 year General Plan requires a 10 year update.  The General Plan 2030 is an update of General Plan 2020 as mandated by the State.  He feels this should move forward to the Planning Commission for more public comment.

Cm. Livingstone stated that he ran for City Council because, as a San Ramon auto repair business owner, he was concerned about the Redevelopment Agency taking his business.  He stated that the intent of the Council is to have a full service City that includes service commercial businesses.

Ms. Chamberlain clarified that the funds for this contract will be appropriated from the recovery fees and transferred to a capital improvement project as indicated in the revised resolution provided to the City Council.

Cm. Hudson’s motion to approve Resolution No. 2010-130 was seconded by Cm. Livingstone and passed 4-0. Vice Mayor Perkins was absent.

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PUBLIC COMMENT

Resident Jim Gibbon distributed a letter to the City Council requesting the extension of Ordinance 197 for one year in order to get it on the ballot for voter approval.  He also requested a moratorium on development in the areas covered by Ordinance 197 until the extension is in place. 

Carol Lopez, member of San Ramon Historic Foundation, invited the public to the Foundation’s Annual Crab Feed on January 29, 2011 at the Dougherty Valley Community Center.  There will be all-you-can-eat crab and a cake auction.  Tickets cost $40 per person.

Resident Roz Rogoff concurred with Mr. Gibbon’s request to extend Ordinance 197 before the December 31, 2010 expiration date.  She stated that the County’s building ordinances are less restrictive than the City’s.  She is concerned about what will happen in the Tassajara Valley and feels that the County will approve the New Farm project.

San Ramon business owner Kevin L’Hommedieu stated that his concern with the General Plan 2030 is that is calls for authorization of the North Camino Ramon Specific Plan.  He would like the North Camino Ramon Specific Plan (NCRSP) to be removed from the General Plan 2030 and dealt with on its own merits.  He objected to the blanket rezoning of the area.  He would like to retain the service commercial areas.  He feels that the NCRSP workshop was inadequately noticed as only two residents and two businesses attended.  He feels that some of the population assumptions in the General Plan are flawed and that more input is needed. 

Mayor Wilson stated he will follow up on the noticing issue.  He indicated that public input is needed and desired.

CITY MANAGER COMMENTS

(#11.1) Rescheduling or Cancellation of December 28, 2010 City Council Meeting.

City Manager Herb Moniz requested Council direction on the regularly scheduled City Council Meeting of December 28, 2010.  Cm. Rowley and Mayor Wilson reiterated that no further meetings are needed this year in regard to Ordinance 197.  The Planning Department has confirmed that there are no development applications pending in areas that would be affected by the expiration of Ordinance 197. 

The Mayor and City Council agreed to cancel the December 28, 2010 City Council Meeting.  Vice Mayor Perkins was absent.

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COUNCILMEMBER REPORTS

Cm. Hudson stated that that the expiration of Ordinance 197 does not require an urgency agenda item or a moratorium as no development is planned and Ordinance 129 is still in effect.  He indicated that the Association of Bay Area Governments (ABAG) initiated transit oriented development.  NCRSP is a response to that change.  The City Council requested that the Planning Department develop a plan for instituting transit oriented development in conjunction with the Norris Canyon Interchange and the HOV lanes on I680.  The state has taken the same stance with AB 32 and SB375.  Cm. Hudson would like to see policy changes for parking fees and tailgating for California High School football games played at the Oakland Coliseum.

Mayor Wilson indicated that he does not necessarily agree with every State mandate.  The Council needs to be realistic and work on the local level to accomplish City’s goals.

Cm. Hudson read information from the Bay Area Air Quality Management District regarding the State’s General Fund shortfall.  It stated that the State will attempt to take or borrow any local government revenues that are not constitutionally protected.

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MAYOR’S REPORTS AND COMMENTS

The Mayor wished everyone a happy holiday season.

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At 8:26 p.m., the Council convened to Closed Session:

CLOSED SESSION

(#13.1) PURSUANT TO GOVERNMENT CODE § 54956.9(c) - CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Case Name: One Potential Case.

(#13.2) PURSUANT TO GOVERNMENT CODE § 54957 - EVALUATE THE POSITION OF CITY MANAGER.

At 9:47 p.m., Mayor Wilson reconvened the meeting.  All Councilmembers except Vice Mayor Perkins were in attendance.  Mayor Wilson reported that, pursuant to Government Code § - Conference with Legal Counsel – Anticipated Litigation – Case Name:  One Potential Case, the Council unanimously voted to approve entering into litigation to challenge a County Auditor Controller’s decision to charge the City for certain disputed assessments and to fund the litigation up to $15,000.  Vice Mayor Perkins was absent.

Mayor Wilson also reported that the Council took no action on the second Closed Session item regarding the evaluation of the position of the City Manager.  Vice Mayor Perkins was absent.

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At 9:48 p.m., there being no further business, Mayor Wilson adjourned the meeting.

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

Approved as corrected at the January 11, 2011 City Council meeting 5-0.

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