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April 10, 2012

A regular meeting of the City Council of the City of San Ramon was held April 10, 2012 at 7:04 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Vice Mayor Livingstone presiding. 
PRESENT:  Councilmembers Hudson, O’Loane, and Vice Mayor Livingstone.
ABSENT:  Councilmember Perkins and Mayor Clarkson.
STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, Police Chief Scott Holder, Administrative Analyst Bonnie Mertz, Planning Division Manager Debbie Chamberlain, Recreation Services Division Manager, and Deputy City Clerk Renee Beck.

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Former Mayor H. Abram Wilson led those present in the pledge of allegiance. 

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

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(#4.1) Proclamation Recognizing April 15-21, 2012 as “National Volunteer Week”.  Presentation by Vice Mayor Livingstone to City Lights Program Volunteers Nick and Colleen Vitalis and Volunteers in Police Services Dave Schultz.

Administrative Analyst Bonnie Mertz introduced Nick and Colleen Vitalis, and Dave Schultz.  Vice Mayor Livingstone read the proclamation and presented it to the volunteers.  Ms. Vitalis stated that we live in a great City and that it is a pleasure to accept the proclamation on behalf of all the city’s volunteers.

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Resident Lowell Lamb requested that the proposed addition of freeway access ramps at Norris Canyon Road be added to a future City Council agenda.  He feels that there are traffic, safety, and compliance issues that are not being addressed and need to be discussed.

Resident Carl Backe also requested that the proposed addition of freeway access ramps at Norris Canyon Road be put on a future agenda.  He stated residents’ quality of life issues for those impacted by the project have not been addressed.  He likes the ease of use of the overpass as it currently exists.

San Ramon Teen Council Community Outreach Chair Brian Su requested that the City Council continue to support the Teen Council and their programs in order to create future quality leaders that can impact the community in a positive way.

Former Mayor H. Abram Wilson introduced Creekside Memorial Park, a cemetery project proposed in the Tassajara Valley.  He stated that he will be discussing the project with the other Tri Valley cities as it is needed in this area.  He discussed possible funding sources for the 221 acre site.

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(#7.1) Minutes of the February 21, 2012 Joint City Council/Planning Commission meeting.

Cm. Hudson’s motion to adopt the February 21, 2012 Joint City Council/Planning Commission minutes was seconded by Cm. O’Loane and passed 3-0-2.  Cm. Perkins and Mayor Clarkson were absent. 

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(#8.1)  Minute Order No. 2012-010 – Adopting a City Policy for Distribution of Event Tickets.

(#8.2)  Minute Order No. 2012-011 – Authorizing Cm. O’Loane to Attend the Association of Bay Area Government Spring General Assembly on April 19, 2012 as the City’s Voting Delegate.

(#8.3)  Minute Order No. 2012-012 – Ratifying the Bylaw Amendments to the Transportation Advisory Committee.

(#8.4)  Minute Order No. 2012-013 – Confirming the Recommendation of the Policy Committee that the City Council Serve as the Body that Provides Climate Change Policy Direction in the Implementation of Climate Action Plan Consistent with General Plan Implementing Policy 12.8-I-2.

(#8.5)  Minute Order No. 2012-014 – Authorizing the Mayor to Approve a Purchasing Agreement with Sierra Chemical Company to Supply Pool and Fountain Chemicals to the Public Services Department in an Annual Amount Not to Exceed $170,000 and a Total Five Year Agreement Amount Not to Exceed $935,000.

(#8.6)  Introduction of Resolution No. 2012-XXX (next in line) – Establishing Fees and Charges for Various Municipal Services for Fiscal Year 2012-13 and Repealing Resolution No. 2011-047.

(#8.7)  Resolution No. 2012-030 – Accepting the Grant Deed from Windemere BLC for 0.64 Acres of Right-of-Way Adjacent to Dougherty Road South of the Dougherty Valley Development.

(#8.8)  Resolution No. 2012-031 – Authorizing the Mayor to Execute an Agreement with MCK Services Inc. for the Construction of the 2012 Pavement Management Project (CIP 5489) in an Amount Not to Exceed $2,505,259; and Authorizing Appropriations of $250,000 from the Southern Contra Costa Joint Exercise of Power Authority Fund, $377,000 from the Crow Canyon Fund, and $350,000 from the Measure J Fund, for a total Budget Increase of $977,000 for the 2012 Pavement Management Project (CIP 5489).

(#8.9)  Resolution No. 2012-032 – Authorizing the Reprogramming of the 2013 Pavement Repair Stop Gap Project (CIP 5510) for Fiscal Year 2011/12, Appropriating $200,000 from the Gas Tax Fund, and Authorizing the Mayor to Execute an Agreement with G. Bortolotto & Company, Inc. for the Construction of the 2012 and 2013 Pavement Repair Stop Gap Projects (CIP 5490 & 5510) in an Amount Not to Exceed $435,000.

(#8.10)  Resolution No. 2012-033 – Authorizing the Mayor to Execute Amendment No. 4 to the Reimbursement Agreement with Shapell Industries for Final Design and Construction Staking of the Bollinger Canyon Road Operational Improvements from Alcosta Boulevard to Canyon Lakes Drive (CIP 5325) in an Amount Not to Exceed $250,000.

(#8.11)  Resolution No. 2012-034 – Establishing a Rate of $35 Per Equivalent Runoff Unit for Fiscal Year 2012/13 for the National Pollutant Discharge Elimination System Stormwater Program and Requesting that the Contra Costa County Flood Control and Water Conservation District Adopt an Annual Parcel Assessment.

(#8.12)  Resolution No. 2012-035 – Describing New Improvements and Ordering the District Engineer to Prepare and File the Landscaping and Lighting District No. 1984-1 Engineer's Report for Fiscal Year 2012/13.

(#8.13)  Resolution No. 2012-036 – Authorizing the City Manager to Approve Purchase of P-25 Compliant Police Radio Equipment From Motorola Solutions Inc. in an Amount Not to Exceed $956,520 and the Related Lease Agreement.

Cm. Hudson’s motion to adopt items 8.1 through 8.13 was seconded by Cm. O’Loane and passed 3-0-2.  Cm. Hudson’s motion to adopt items 8.1, 8.3 through 8.13 was seconded by Cm. O’Loane and passed 3-0-2. Cm. Perkins and Mayor Clarkson were absent.  Cm. Hudson’s motion to adopt item 8.2 was seconded by Vice Mayor Livingstone and passed 2-0-2-1.  Cm. Perkins and Mayor Clarkson were absent and Cm. O’Loane abstained.

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(#10.1) Arts Advisory Committee Annual Report.

Recreation Division Manager Esther Lucas introduced Arts Advisory Committee Chair Margie Ryan.  Ms. Ryan provided the committee’s annual report.  She summarized the charge of the committee, its history, and their accomplishments during 2011.  Accomplishments include installation and dedication of public art, cultural growth program and grants, and the selection of gallery artists for the Lindsay Dirks Brown Gallery. The goals and objectives for 2012 include increasing public awareness of the San Ramon Public Art Program, establishment of a Memorial Public Art program, creating and maintaining a collection of poetry about San Ramon, and evaluation and recommendations for improving the current arts programs.

(#10.2) Report on Policy Committee’s Review of “Safe and Sane Fireworks Draft Amendment to the City’s Municipal Code to Allow the Safe Use of Legal Fireworks and the Regulation Thereof”.

Interim City Attorney Bob Saxe provided the report which gave a history of the request for this ordinance.  He feels that the issues with the ordinance will have to do with whether safe and sane fireworks should be permitted, not with the mechanics of the ordinance.  He cited the possible legal arguments that may result from the passage of this ordinance.  He indicated that it will be difficult but not impossible to have the ordinance in place for the July 4, 2012 holiday.

Vice Mayor Livingston opened public comment.

Resident Jim Poyer stated he is adamantly against this ordinance and feels that the City is rushing to get it passed.  He feels that other affected agencies should be consulted regarding this ordinance.

Resident Roz Rogoff stated that all fireworks are dangerous since they can be abused.  She feels this ordinance should go before the voters as a Ballot Measure.  She would like the ordinance’s proposed illegal fireworks penalties retained.

William Ross, General Counsel for the San Ramon Valley Fire Protection District, stated that there are two themes that will need to be addressed.  First, that the ordinance conflicts with the safety element of the city’s General Plan.  Secondly, that there are California Environmental Quality Act (CEQA) issues in regard to pollution and hazardous waste.  He feels that there has not been enough planning to move forward due to the lack of thorough analysis under the General Plan and CEQA.  

Resident Carol Lopez stated that she works with one of the non-profits selling safe and sane fireworks in Dublin.  She reported that have been no incidents to her knowledge.  She believes they will help the non-profits and that they are a good idea.

Steve Revell of Revell Communications spoke representing TNT Fireworks.  He stated that TNT works with over 3,000 non-profit organizations in fundraising.  The safe and sane fireworks proposed in the ordinance are approved by the State of California.  He would like to be a resource for the City, Police Department, and Fire Department in order to make revisions to the ordinance and start a one year pilot project.

San Ramon Valley Fire Protection District Richard Price stated his opposition to the ordinance due to a lack of input from all stakeholders affected by this ordinance.  He feels that there is not enough time to get the information needed to mitigate any issues that may arise from passage of this ordinance.

Vice Mayor Livingstone closed public comment.

Cm. Hudson indicated that good information has been provided.  He stated that this ordinance came about due to the cancellation of San Ramon’s aerial fireworks show for July 4, 2012.  He feels that safe and sane fireworks should be allowed due to the low incidence of injury and their legal status in this State.  He recommended proceeding with the ordinance.

Cm. O’Loane stated that he failed to see the nexus between the cancellation of the aerial fireworks show and safe and sane fireworks.  He feels that the two items should have been separated at the time of the cancellation of the aerial show.  He feels there is no compelling reason to proceed with this ordinance.

Vice Mayor Livingstone stated that his number one job on the Council is resident safety and cannot authorize this ordinance to move forward.

Cm. Phil O’Loane made a motion to direct staff to cease the legalization of safe and sane fireworks in San Ramon.  Vice Mayor Livingstone seconded the motion which passed 3-0-2 with Cm. Perkins and Mayor Clarkson absent.

(#10.3) Update on the Work of the Open Space Task Force.

Planning Division Manager Debbie Chamber provided an update on the history and activities of the Open Space Task Force since its inception.  She stated that due to the fact that there are few open space opportunities within the City limits, the primary focus at this time is the Westside hills.  These areas include the Laborer’s camp, Geldermann property, Weidemann property, and Norris Canyon property.  There are limited city funds available to purchase open space.  The Task Force has received input from the TriValley Conservancy on acquiring and maintaining open space and also from East Bay Regional Park District.  Once the proposals and funding mechanisms have been determined by the Parks and Community Services Commission the item will be brought to the City Council.

Cm. O’Loane asked if those are areas within the City limits. Ms. Chamberlain stated that the properties are in Contra Costa County’s jurisdiction.  She stated that the Westside hills focus has to do with its high visibility in San Ramon.  Cm. O’Loane asked about possible open space on the other side of the City. Ms. Chamberlain stated that the Task Force would be looking at many areas in the future.  Cm. O’Loane commented that he hopes to build on the Task Force’s work in the future.

Resident Jim Blickenstaff requested his remarks be read into the record.  He requested that the City Council expand the Open Space Task Force by adding four seats for San Ramon residents.

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Resident Jim Poyer stated that he is opposed to the I680 HOV off ramp proposed for Norris Canyon Road.  He asked that a letter sent to CCTA by Phil Wong on January 15, 2012 be rescinded.  He feels that the City should take a neutral position on the project until the EIR is completed.  He would like the planned Norris Canyon Road HOV project be put on a future agenda to allow for more public input.

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Cm. Hudson stated his support for the cemetery project.  Cm. O’Loane agreed and indicated that a cemetery on agricultural land is a permitted use.

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At 8:52 p.m., there being no further business, Vice Mayor Livingstone adjourned the meeting.

Bill Clarkson, Mayor
Patricia Edwards, City Clerk

Approved as corrected at the April 24, 2012 City Council meeting 3-0-0-2; Clarkson and Perkins abstained.

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