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MINUTES OF THE
CITY OF SAN RAMON COUNCIL MEETING
February 12, 2013

A regular meeting of the City Council of the City of San Ramon was held February 12, 2013 at 7:01 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Clarkson presiding. 
PRESENT:  Councilmembers Hudson, Livingstone, O’Loane, Perkins, and Mayor Clarkson.
STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, Police Captain Joe Gorton, Transportation Division Manager Lisa Bobadilla, and City Clerk Patricia Edwards.

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PLEDGE OF ALLEGIANCE

Roxanne Lindsay, San Joaquin Regional Rail Commission Outreach Representative, led those present in the pledge of allegiance. 

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ANNOUNCEMENTS

The City Clerk stated that there were no changes or additions to the agenda.  There were two updates to the meeting information listed.  The February 19, 2013 Planning Commission and the February 21, 2013 Zoning Administrator meetings were cancelled.  

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SPECIAL PRESENTATIONS

(#4.1) Update by Contra Costa County Librarian Barbara Flynn on the Library's Strategic Plan, Library Awards, and the Library's 100th Birthday Celebration.

Contra Costa County Librarian Barbara Flynn provided an overview of the Library's Strategic Plan, Library Awards, and the Library's 100th Birthday Celebration plans.  She announced that “Kids Read 2013” will launch on April 6, 2013.  She congratulated San Ramon on its thirtieth birthday.  She mentioned that this year’s “Movies on the Lawn” will feature films from the 1980’s.  She informed residents that the Library offers an online “Discover and Go” free or reduced cost museum admission program.  The Library has received a $84,000 grant to expand the “Discover and Go” program to southern California and expects the program will extend statewide.  She noted that the Library has a website which provides information on activities for its 100th birthday celebration (http://guides.ccclib.org/100thbirthday).  The Library’s actual birthday is July 21st.  Ms. Flynn invited residents to attend the birthday party to be held at the Pleasant Hill Park and Teen Center on July 21, 2013.  Ms. Flynn reported that the Library’s Strategic Plan will be updated in 2013 with focus groups providing input at Town Hall meetings. 

 (#4.2) Recognition of Greg Schniegenberg for his Service to the Transportation Advisory Committee by Lisa Bobadilla, Transportation Division Manager.

Transportation Division Manager Lisa Bobadilla introduced Greg Schniegenberg and thanked him for his Service to the Transportation Advisory Committee (TAC).  Mr. Schniegenberg provided constructive feedback on speed hump program, radar speed display program, permit parking, school site circulation, and public hearings related to local residential traffic calming.  He was the first representative from Dougherty Valley to serve on TAC.  Mr. Schniegenberg thanked the Council for the honor to serve the citizens of San Ramon.  He thanked Harvey Riggs for sharing his expertise.  He looks forward to serving the City in the future.  Vice Mayor Hudson recognized Mr. Schniegenberg’s contributions and encouraged him to return to City service.  Mayor Clarkson presented Mr. Schniegenberg with a certificate of recognition and appreciation. 

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PUBLIC COMMENT

Joyce Gregory, resident, proposed a suggestion for the City to save money.  Temporary City employees do not receive benefits.  She suggested that the Council opt not to take City benefits.  She stated that the 2011 Compensation Report indicates that the Council was paid $82,011 in salary and $69,000 in benefits.  She believes that the benefits are too generous and asked the Council to decline them as a budget saving measure.  She noted that the Pleasant Hill City Council eliminated City Council benefits in 2012. 

Roxanne Lindsay, San Joaquin Regional Rail Commission Outreach Representative, provided information on the Altamont Corridor Express (ACE) train service.  Stations are located from Stockton to San Jose.  She noted that ACE ridership has been increasing and this is a sign that the economy is improving in this area.  She noted that shuttles are the lifeblood of the ACE trains.  Ticket discount prices are available for seniors, students, children under age 12, and groups.  ACE offers a free ‘test drive’ day to new riders.  The ACE operating budget is $16 million.  ACE has an advisory committee in San Joaquin and is starting one in the Tri-Valley area.  She encouraged residents to take advantage of the ACE train routes. 

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CITY COUNCIL APPOINTMENTS

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APPROVAL OF MINUTES

(#7.1) Minutes of the January 22, 2013 regular meeting.

Cm. Perkins’ motion to adopt the January 22, 2013 regular City Council minutes was seconded by Vice Mayor Hudson and passed 4-0-0-1.  Mayor Clarkson abstained.

(#7.2) Minutes of the January 29, 2013 special meeting.

Vice Mayor Hudson’s motion to adopt the January 29, 2013 special City Council minutes was seconded by Cm. O’Loane and passed 4-0-0-1.  Cm. Livingstone abstained.

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CONSENT CALENDAR

(#8.1) Minute Order No. 2013-005 – Authorizing Vice Mayor Hudson to Attend the American Public Transportation Association’s 2013 Legislative Conference in Washington, D.C. on March 9-13, 2013 Sponsored by the Central Contra Costa Transit Authority.

(#8.2) Resolution No. 2013-005 – Accepting Certain Dedications and Landscape Improvements for Maintenance in Subdivision 8152 (Windemere BLC Land Development Company, LLC).

(#8.3) Resolution No. 2013-006 – Accepting Certain Trail Dedications and Improvements in RA 1199 (Portion of the Alamo Creek Trail) for Maintenance (Windemere BLC Land Development Company, LLC).

(#8.4) Resolution No. 2013-007 – Accepting an Irrevocable Offer of Dedication Recorded in Book 8768, Pages 415 and 416 of the Contra Costa County Official Records (APNs 209-350-013 and 209-350-019), Located at the Northeast Corner of the Intersection of Norris Canyon Road and Bollinger Canyon Road.

Cm. Perkins’ motion to adopt items 8.1 through 8.4 was seconded by Cm. Livingstone and passed 5-0.

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UNFINISHED BUSINESS

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NEW BUSINESS

(#10.1) Report on Police Services Juvenile Policing Strategy 2016.

Police Captain Joe Gorton reviewed the Juvenile Policing Strategy currently available through the Police Department.  He provided information relative to future strategies.    Current juvenile services include: the School Resource Officer (SRO); Youth Resource Officer (YRO); Juvenile Diversion Program; Character Counts; My Beat, My School; Parent Project; Youth Academy; and Police Explorer POST.   He provided information on the current service, staffing, best practices, and lesser alternative for each service.  The Police Department met with stakeholders to determine the adequacy of the services.  The School District interviews indicate a high degree of satisfaction with the services provided and a request for more services.  The focus groups identified a hierarchy of programs with the Youth Resource Officer and the School Resource Officer as the most desired.  An analysis of services provided by surrounding agencies determined that the San Ramon Police Department’s current juvenile policing model is a robust and comprehensive policing strategy.  The Department is at the forefront of the profession when addressing youth-related law enforcement services.  The Department identified five Strategic Goals to enhance services delivered to the youth population. 

Cm. Perkins thanked Captain Gorton for the report and questioned the schedule of the SRO located at the high schools.  Captain Gorton stated that the high schools’ hours and activities do not fit into an eight hour day.  One SRO is off on Mondays and the other SRO is off on Fridays.  Cm. Perkins commended the Strategic Goals and analysis of the programs and budget impact.  Captain Gorton responded that there was not a substantial budget impact to implement the Strategic Goals. 

Cm. O’Loane commended the Department for pointing out where City funds can best be spent.  He asked about the Diversion options and if any statistics were available.  Captain Gorton said that statistics are available.  Cm. O’Loane asked about the SRO in the middle schools.  Captain Gorton noted that middle schools do not have a SRO.  The Department is using the YRO for detection and diversion and the beat patrol officer.  Beat patrol officers are responsible for calls for service so it is not realistic to assign and rotate an officer who cannot spend the time needed in the middle schools.  The Department is evaluating rotating existing officers to extend the SRO program to the middle schools. 

Cm. Perkins noted that schools initially resisted having police officers on campus but that attitude has changed.  Cm. Livingstone asked what the Department thinks about the use of civilians to fill some of the positions.  Captain Gorton responded that, although using civilians may decrease costs, a sworn officer adds a level of protection and a wide range of functions to the campus which a civilian cannot provide. 

Vice Mayor Hudson’s motion to receive the Report was seconded by Cm. Livingstone and passed 5-0.

(#10.2) Public Hearing:  Introduction of Ordinance (next in line) Repealing and Replacing Chapter IV Smoking Regulations of Article 2, Division B6 of the City of San Ramon Municipal Code.

Interim City Attorney Bob Saxe stated that the members of the Teen Council Tobacco Review Committee will provide the report.  Akanksha Dadlani, Chair of the Committee, stated that the current Ordinance focuses on indoor smoke.  The proposed Ordinance includes outdoor smoke, secondhand smoke, and includes changes to the Ordinance layout.  Misha Fritz discussed the Class A carcinogens present in secondhand smoke.  This includes 4,000 chemicals of which 250 are poisonous and 69 are carcinogenic.  The Center for Disease Control and Prevention stated that “There is no risk-free level of exposure to secondhand smoke.”  He noted that 87.5% of County residents are nonsmokers.  The Ordinance is an attempt to protect the citizens of San Ramon.  Harshini Chengareddy provided additional information regarding the dangers of secondhand smoke.  She noted that 273 cities in California restrict outdoor smoking and 123 cities have completely banned outdoor smoking.  Ms. Dadlani reviewed the Ordinance’s prohibitions, exhibitions, the Preparational Handout, and Posting of Signs.  The Teen Council anticipates that the law will be self-enforced.

Srisaikrupa Adusumilli reviewed the application of the Ordinance to City parks.  The 1999 Ordinance allowed smoking in parks.  The new Ordinance eliminates smoking in parks and related cigarette butt litter.  Ms. Adusumilli reviewed how the Ordinance will be regulated.  The Committee anticipates that the Ordinance will be self-regulating and it can also be enforced administratively.  Samay Dubey and Neal Gupta reviewed the application of the Ordinance to multi-family housing units.  Caroline Lee addressed the application of the Ordinance for parking lots and golf courses.  Connie Hsieh and Ms. Lee compared the provisions of the 1999 Ordinance versus the proposed Ordinance. 

Vice Mayor Hudson asked for a legal opinion regarding the administrative enforcement of the proposed Ordinance.  Interim City Attorney Bob Saxe stated that the Municipal Code has a provision which allows Code violations to be enforced administratively.  The proposed Ordinance adds the ability to use the administrative process. 

Mayor Clarkson opened the public hearing.

Jose Ramos, resident and Chair of the Board of Directors of the California American Cancer Society, stated that both the American Cancer Society and the American Cancer Society Cancer Action Network support the modifications proposed in the Ordinance.  He thanked the Council for considering increasing the protections of the community against the dangers of secondhand smoke.  He noted that the Contra Costa Board of Supervisors adopted an Ordinance with similar restrictions for unincorporated County areas seven years ago.  He asked the Council to support the proposed Ordinance.

Ellen Perfect, resident, stated that she is a serious athlete who suffers from asthma.  She is very concerned about respiratory health and supports the proposed Ordinance because it protects residents with a smoke free environment in public places.

Jamie Jenett, Tobacco Prevention Policy Coordinator for the Contra Costa Health Services Tobacco Prevention Project, commended the City for considering secondhand smoke protection.  She described the informational and educational process which has been very effective in enforcing the Ordinance.  She stated that Dublin uses a minimal amount of staff time to enforce their Ordinance.  She offered to share the County’s implementation materials.

Mayor Clarkson closed the public hearing. 

Cm. O’Loane stated that, in his personal view, there is scientific proof that secondhand indoor smoke causes cancer but the same cannot be said for outdoor secondhand smoke.  He noted that there are other major pollutants in parking lots besides secondhand smoke.  He commented that this Ordinance is a by-product of being polite to neighbors.  He has received complaints about smokers in multi-family housing units.  He supports updating the Ordinance but wants it to be consistent with 25’.  He questioned why the City Manager does not simply post signs for parks and address the issues of multi-family home dwellers.

Cm. Livingstone agreed with Cm. O’Loane.  He commended the Teen Council Committee members for their excellent presentations.  He views enforcement as the problem with the Ordinance.  Signage is an effective deterrent but enforcement is very problematic.  It is not realistic for either the Police Department or a Code Enforcement officer to enforce the Ordinance.  He asked if there is a designated smoking area in any San Ramon Valley School.  Safe and Drug-Free Schools and Communities Program Coordinator Scott Gerbert responded that San Ramon Valley schools are 100% non-smoking. 

Vice Mayor Hudson stated that secondhand smoke is injurious to health but there are other environmental contaminants such as black carbon and diesel.  He was initially against the Ordinance but now supports it if golf courses are exempted.  He requested that Section B6-74 (I) be changed to state: “Smoking on any outdoor area of golf courses.”  Ms. Dadlani stated that a private party can exempt smoking at the golf course as long as it is in compliance with California Labor Code 6404.5.

Cm. Perkins asked if the golf course clubhouses would be exempt from California Labor Code 6404.5.  Mr. Saxe responded that they would not.  He stated that the Labor Code provision addresses interior workplace smoking.  The 1999 Ordinance states that a person cannot smoke within a “reasonable distance” of the door of any building where smoking is prohibited inside.  It does not define “reasonable distance”.  He stated that the proposed Ordinance does not change the law relative to golf courses except within 25’ of the clubhouse door.  Vice Mayor Hudson is concerned with the proposed wording of  “or other building utilized by golfers…” because this would include the overhang.  He is concerned that this may cause a lot of golf business to leave San Ramon.  Mr. Saxe stated that he wrote the 1999 Ordinance and that no citations have been issued in the past fourteen years.  These Ordinances are not intended to be enforced by citations but intended to be educational.   

Cm. Perkins agreed with Cm. O’Loane’s suggestion that Section B6-74 (E) dealing with the parking lot exemption be changed from 50’ to 25’ to read: “Smoking in privately owned unenclosed parking lots open to the public but not within 25’ of any commercial building served by the parking lot or within 25’ of buildings on adjacent properties.” 

Mayor Clarkson noted that Cm. O’Loane raised a good point regarding the scientific evidence for the relationship of outdoor secondhand smoking and cancer.  He concurs with Cm. Perkins’ comments.  He added that it is important to be respectful of the rights of smokers. 

Vice Mayor Hudson’s motion to introduce the ordinance, waive the reading and read by title only, and amend the Ordinance to reflect: (1) Section B6-74 (E) to read “Smoking in privately owned unenclosed parking lots open to the public but not within 25’ of any commercial building served by the parking lot or within 25’ of buildings on adjacent properties.” and (2) modifying the exemption in Section B6-74 (I) to read:  “Smoking on any outdoor area of golf courses.” and continue the Ordinance to February 26, 2013 for adoption was seconded by Cm. Perkins and passed 5-0.

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CITY MANAGER COMMENTS

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PUBLIC COMMENT

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CITY COUNCILMEMBERS’ AND MAYOR’S COMMENTS

Cm. Perkins congratulated Mayor Clarkson on his “State of the City” presentation.  A second presentation will be made on February 13, 2013 at the Bridges Clubhouse.

Vice Mayor Hudson reported that the 92X bus shuttle is the fifth busiest bus route in December 2012 for County Connection.  The route is important enough for Contra Costa Transportation Authority to send a representative to the San Joaquin Regional Rail Commission meetings.  The Altamont Corridor Express (ACE) train is extremely important and will continue to add lines in the future.  He stated that he will miss the February 26, 2013 and the March 12, 2013 Council meetings.  He announced that $364,000 will be available from the Bay Area Air Quality Management District for the Lawn Mower Rebate program from March through May to encourage consumers to switch from gas to electric mowers.

Mayor Clarkson announced that Eddie Money will be performing at the Dougherty Valley Performing Arts Center on February 15, 2013.  There are openings on a variety of City Committees.  The application deadline is February 25, 2013. 

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CLOSED SESSIONS

(#14.1) Pursuant to Government Code §54956.8 to Meet and Instruct the City Council’s Real Property Negotiator Greg Rogers Regarding Negotiations with Sunset Development Company on Price and Terms Relating to a Proposal for Purchase of APN: 213-133-086 and for Transfer of City’s Interest in a Portion of APN: 213-120-010.

(#14.2) Pursuant to Government Code §54956.9 to Confer with Legal Counsel Regarding Existing Litigation: City of Brentwood, et al v. Robert A. Campbell as Auditor-Controller of Contra Costa County (MSN 11-1029).

At 9:20 p.m., the Council convened to Closed Session: (1) Pursuant to Government Code § 54956.8 to Meet and Instruct the City Council’s Real Property Negotiator Greg Rogers Regarding Negotiations with Sunset Development Company on Price and Terms Relating to a Proposal for Purchase of APN: 213-133-086 and for Transfer of City’s Interest in a Portion of APN: 213-120-010; and (2) Pursuant to Government Code §54956.9 to Confer with Legal Counsel Regarding Existing Litigation: City of Brentwood, et al v. Robert A. Campbell as Auditor-Controller of Contra Costa County (MSN 11-1029).  All Councilmembers were present. 

At 10:23 p.m., Mayor Clarkson reconvened the meeting.  All Councilmembers were present.  For item 14.1, Mayor Clarkson reported that the Council instructed the City’s Real Property Negotiator, Greg Rogers, to continue the negotiations with Sunset Development.  The vote was 5-0.  For item 14.2, Mayor Clarkson reported that the Council authorized the City Attorney to join in the Appeal of the City of Brentwood, et al v. Robert A. Campbell.  The vote was 5-0.

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ADJOURNMENT

At 10:26 p.m., there being no further business, Mayor Clarkson adjourned the meeting.


Signed:
Bill Clarkson, Mayor
Patricia Edwards, City Clerk

Approved as presented at the February 26, 2013 City Council meeting 4-0-1-0; Hudson absent.

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