MINUTES OF THE
CITY OF SAN RAMON COUNCIL MEETING
April 9, 2013
A regular meeting of the City Council of the City of San Ramon was held April 9, 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, and Mayor Clarkson.
ABSENT: Councilmember Perkins
STAFF PRESENT: City Manager Greg Rogers, Interim City Attorney Bob Saxe, Police Captain Joe Gorton, City Engineer Brian Bornstein, Public Services Director Karen McNamara, Transportation Analyst Darlene Amaral, Associate Planner Cindy Yee, and City Clerk Patricia Edwards.
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PLEDGE OF ALLEGIANCE
Dominique Yancey, Chair of the Parks and Community Services Commission, 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. The only correction to the meetings listed on the agenda is that the April 18, 2013 Zoning Administrator meeting has been cancelled.
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(#4.1) Proclamation Designating April 2013 as Alcohol Awareness Month. Presented to Policy Coordinator Patty Hoyt Alcohol Policy Coordinator Patty Hoyt by Mayor Clarkson.
Policy Coordinator Patty Hoyt thanked the Council for their support of this issue. The San Ramon Valley Alcohol Policy Working Group meets monthly and is comprised of community members, elected officials, law enforcement, and youth. Several representatives from the Monte Vista High School Friday Night Live Club discussed their concern with the issue of underage drinking. Mayor Clarkson read the proclamation and presented it to Ms. Hoyt. Cm. Livingstone asked how many DUIs occur in San Ramon. Police Captain Gorton responded that there are 8-16 DUIs issued per month with a proportion of these issued to underage drinkers. Vice Mayor Hudson stated that in a poll of 20 high school students, alcohol was not recognized as a problem in the 127 responses given. Mayor Clarkson said that it is important to develop social awareness of the culture surrounding drinking. He thanked the students for being involved. Ms. Hoyt thanked the San Ramon Police Department for allowing an officer to attend the monthly meetings.
(#4.2) Presentation of California Park and Recreation Society Awards to San Ramon City Council by Dominique Yancey, Chair of the Parks and Community Services Commission.
Dominique Yancey, Chair of the Parks and Community Services Commission, reported that San Ramon received several awards at the California Park & Recreation Society District 3 Annual Award Installation Dinner on February 21, 2013. The following programs were recognized: Outstanding Special Event - “Race to Nowhere” produced by the Teen Council; Outstanding Program – Trailblazers; Outstanding Operational Management – Camp Central; and Special Recognition Healthy Lifestyles & Wellness - Trailblazer Hiking Group. Mayor Clarkson noted that entries were received from both Alameda and Contra Costa Counties and San Ramon swept one-third of the awards. He complimented City staff for providing outstanding programs.
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Joan Ernst, resident, asked the Council to strongly consider not spending $250,000 on an odd year election. Odd year elections do not draw a larger number of voters. She supports extending the terms of the incumbents. Representing the Senior Advisory Committee, she stated that there is a pressing dilemma to provide sufficient transportation for seniors. She requested a dialogue with the Transportation Department to discuss options and is open to suggestions. Vice Mayor Hudson stated that the County Connection is working with Link. He will keep the Senior Advisory Committee updated.
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CITY COUNCIL APPOINTMENTS
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APPROVAL OF MINUTES
(#7.1) Minutes of the March 26, 2013 special meeting.
Vice Mayor Hudson’s motion to approve the March 26, 2013 special City Council minutes was seconded by Cm. Livingstone and passed 4-0-1-0. Cm. Perkins was absent.
(#7.2) Minutes of the March 26, 2013 regular meeting.
Vice Mayor Hudson’s motion to approve the March 26, 2013 regular City Council minutes was seconded by Cm. Livingstone and passed 4-0-1-0. Cm. Perkins was absent.
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The City Clerk noted that there was a request to pull item 8.4 for public comment. Vice Mayor Hudson requested that items 8.5 and 8.6 be pulled.
(#8.1) Minute Order No. 2013-012 – Accepting the 2013 Climate Action Plan Annual Report for the Period 2009-2012.
(#8.2) Resolution No. 2013-024 – Repealing Resolution No. 2012-023 and Designating and Appointing Standby Officers for the Members of the City Council and the City Manager in the Event of an Emergency.
(#8.3) Resolution No. 2013-025 – Accepting Certain Landscape Dedications and Landscape Improvements for Maintenance in Subdivision 9020 (Windemere BLC Land Development Co., LLC).
(#8.7) Resolution No. 2013-029 – Establishing a Rate of $35 Per Equivalent Runoff Unit for Fiscal Year 2013/14 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.
Vice Mayor Hudson’s motion to adopt items 8.1, 8.2, 8.3, and 8.7 was seconded by Cm. Livingstone and passed 4-0-1-0. Cm. Perkins was absent.
(#8.4) Resolution No. 2013-026 – Approving a Phased Final Map and Subdivision Improvement Agreement for Subdivision 9217 and Authorizing the Mayor to Execute Escrow Instructions and Other Documents Relating to the City’s Security Interest In Said Real Property Located on a Portion of the City Center Project South of Bollinger Canyon Road at Camino Ramon - APNs 213-120-010, 213-120-013, and 213-120-017 (Sunset Building Company, LLC)
City Engineer Brian Bornstein provided the report. Subdivision 9217 includes the area of the proposed Office District comprised of three office buildings east of Camino Ramon and the City Hall/Transit District west of Camino Ramon. The 40.2 acres of the City Center Office District and City Hall/Transit District are composed of six lots. Sunset Building Company has requested approval of this phased final map for refinancing purposes. Pursuant to the City’s Subdivision Ordinance, a final map or phased final map may be filed on an approved tentative map. All of the conditions of approval for the development pertaining to the final map have been reviewed by various departments and agencies to ensure they have been met or provided for in a subdivision improvement agreement and the final map is in substantial conformance with the approved tentative map. The approval by City Council of such a map is deemed to be a ministerial act.
Mayor Clarkson opened the public comment.
Jim Blickenstaff, resident, requested that details regarding this item be open to the public. He is concerned with the financial nature of this item and where the City stands with regard to the economic viability and expense. He requested that the transaction be broken down into layman’s terms and that the Council defer action so that residents can review the item and understand the details and benefits to the City.
Jim Gibbon, resident, stated that he has been asking for four years for the financial analysis on the viability of the City Center Project. He stated that the Project was sold to the residents as a package deal. He is concerned about breaking the Project into parts. He questioned the benefit to the City and if there are any liabilities, benefits, or obligations to the City. He stated that there is a risk to the City by separating the project into parts. Sunset has obligations and a responsibility to the City. He asked for the public cost in actual money. He requested that the City prepare an executive summary of the costs, liabilities, and benefits to the City.
Mayor Clarkson closed the public comment.
Mayor Clarkson asked the Interim City Attorney Bob Saxe if there are any additional financial risks to the City with this lot line adjustment. Mr. Saxe responded that there are no financial risks to the City and that the Final Map is a ministerial act. The Council really has no discussion as long as the Final Map conforms to the conditions of approval of the Tentative Map which was approved in 2007. The developer can file a Final Map on any portion of the Project provided it conforms to the approved Tentative Map. The lot configuration does not change. The environmental work and conditions of approval imposed in 2007 still apply. The motivation of the Final Map is to allow refinancing. The City provided a subdivision improvement agreement in order to complete the improvements required by the Project. The only financial implication for the City is that the City has a Deed of Trust Note on the 7.56 acres. The Note stays in place on the subdivided property and the City is still in first position. The City’s financial stake has improved because the Note now covers 9.8 acres. There is no financial risk to the City. He stated that the Supreme Court held that so long as the conditions of approval are satisfied and the Final Map conforms to the Tentative Map, the City must approve the Final Map. Mayor Clarkson recapped Mr. Saxe’s summary. Cm. O’Loane stated that the City’s security interest is larger with the Final Map. He appreciates consistency in the Project history and requested that speakers remain more factual helps the process. He noted that incremental progress may be the best way to proceed on this Project.
Vice Mayor Hudson’s motion to adopt item 8.4 was seconded by Cm. O’Loane and passed 4-0-1-0. Cm. Perkins was absent. Vice Mayor Hudson stated that the City will look at the Project’s finances when something happens and the City will be transparent regarding this Project.
(#8.5) Resolution No. 2013-027 – 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 2013-14.
Vice Mayor Hudson stated that he wanted to bring to the Council’s attention that nine of the first ten Zones are currently at the maximum rate per unit.
Vice Mayor Hudson’s motion to adopt item 8.5 was seconded by Cm. Livingstone and passed 4-0-1-0. Cm. Perkins was absent.
(#8.6) Resolution No. 2013-028 – Authorizing the Mayor to Execute Amendment
No. 4 to the Agreement with West Coast Arborists, Inc. for Tree Maintenance Services in a Total Amount Not To Exceed $600,000 and Increase the Original Five-Year Agreement to a Total Not to Exceed $2,460,000.
Public Services Director Karen McNamara was available to provide the report. Vice Mayor Hudson stated the contract has been increased from $1,260,000 to $2,460,000. He stated that the City needs to look at a separate Landscaping and Lighting Zone or increasing the fees. He requested that an item be presented to the Policy Committee exploring how the City plans to deal with the $10,000,000 obligation for the tree problem in Dougherty Valley and the City’s other aging trees. For Dougherty Valley, part of the problem was the choice of trees and their location near utility lines. Ms. McNamara responded that one action item is a funding plan mechanism to address the long range tree issue for Dougherty Valley and the City’s aging tree infrastructure. Cm. O’Loane agreed with Vice Mayor Hudson. As the City ages, there are further obligation and it is incumbent upon the Council to address these issues.
Vice Mayor Hudson’s motion to adopt item 8.6 was seconded by Cm. Livingstone and passed 4-0-1-0. Cm. Perkins was absent.
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(#10.1) Transportation Demand Management Advisory Committee Annual Report.
Transportation Analyst Darlene Amaral introduced Sandy Austin, Chair of the Transportation Demand Management Advisory Committee (TDM), who provided the report. Ms. Austin reviewed the purpose of the Committee and the programs which it promotes. The TDM focuses on reducing or changing travel demands and modifying travel behaviors. The 511 Contra Costa Incentive Programs include: Employer Program; Vanpool Incentive Program; Guaranteed Ride Home; and various Incentive Programs. Events in 2012 included the 2012 Bike to Work Day, Spare the Air Campaigns, Transportation Commuter Fairs and Community Events. She reported that Bishop Ranch implemented a program which incorporates their bus pass on a Clipper Card and install 50 new bike racks. Projects for 2013 include: conducting a San Ramon Valley Employer Transportation Survey; coordinating and attending Commuter Transportation Fairs and Events; promoting the 511 Contra Costa worksite bike locker and racks; and participating on the Tri-Valley & Contra Costa Resource Team on Air Quality.
Vice Mayor Hudson asked if there was any impact from SB 592 which allowed pretax dollars to be used for commuter expenses for companies with 50 or more employees. He is also interested in expanded use of Clipper Cards. Cm. O’Loane discussed the use of the Clipper Card and bike share stations. He asked how often people used the guaranteed ride home feature. Ms. Amaral stated that San Ramon has received 30 applications to date. Vice Mayor Hudson explained the bike share program and noted that the key is to use one card for many applications.
(#10.2) Minute Order No. 2013-013 – Accepting the Annual Report – 2013 General Plan 2030 Implementation Work Plan and Schedule.
The staff report was presented by Cindy Yee, Associate Planner. In 2012, no General Plan Amendment (GPA) applications were approved. The City is currently processing one application for a land use change from Mixed Used to Multiple Family-High Density at Ryan Industrial Court. Major accomplishments under the responsibility of the Planning Department included: adoption of the North Camino Ramon Specific Plan; update of the Zoning Ordinance to address the new Hillside, Creeks, and Ridgeline Protection regulations; and on-going implementation of the Dougherty Valley Settlement Agreement. Citywide accomplishments included: on-going CIP implementation; implementation of the Model Water Efficient Landscape Ordinance (MWELO); expanding recycling opportunities; and implementation of the Parks and Community Services Master Plan update. High priority goals for 2013-14 include: implementation of the North Camino Ramon Specific Plan, Northwest Specific Plan and the San Ramon City Center project; preparation of the update to the General Plan and Housing Element; implementation of the Measure J Project and Program; implementation of the Trails and Bikeways Master Plan; and implementation of the Dougherty Valley Specific Plan.
Mayor Clarkson stated the Implementation Strategy is a comprehensive document and enables the Council to understand the values, priorities, and challenges to the City. He asked Ms. Yee what the biggest challenge is for implementing the General Plan. Ms. Yee stated the biggest challenge pertains to housing and the loss of Redevelopment funding. Vice Mayor Hudson asked staff to look at Item 12.3I2 (Establish a City Council-appointed body or other similar entity to assist in monitoring the City’s progress in meeting greenhouse gas emissions targets) and return with a report to the Policy Committee as a result of SB1 and SB 33 (if they pass). He projects that the “sustainability community investment authority” will be the new redevelopment.
Vice Mayor Hudson’s motion to adopt Minute Order No. 2013-013 was seconded by Cm. Livingstone and passed 4-0-1-0. Cm. Perkins was absent.
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CITY MANAGER COMMENTS
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CITY COUNCILMEMBERS’ AND MAYOR’S COMMENTS
Cm. O’Loane reported that the Open Space Task Force has made tremendous progress and there is a need to continue the interdepartmental efforts.
Vice Mayor Hudson projected that reforestation protocols will be a future City project. He invited residents to participate in the Trails Challenge 2013 on May 18, 2013 which is sponsored by the East Bay Regional Parks District.
Mayor Clarkson encouraged residents to attend the performance of the Las Vegas Contemporary Dance Theatre performance at the Dougherty Valley Performing Arts Center on April 13, 2013. Free copies of the 2013 Street Smarts Storybook are available at the libraries and City facilities. He invited residents to attend the Ribbon Cutting Celebration at Athan Downs Playground on April 13, 2013. Residents are encouraged to attend a Community Budget Meeting scheduled for April 17, 2013 at the San Ramon Alcosta Senior Center. Residents interested in applying for the Senior Advisory Committee or the Transportation Demand Management Advisory Committee should file their application with the City Clerk’s office by April 26 2013.
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(#14.1) Pursuant to Government Code § 54957.6 to meet with the City Council’s Labor Negotiators: Karen McNamara, Eva Phelps, Toni Renault, and Bob Saxe concerning Negotiations with the San Ramon Police Officers Association.
(#14.2) Pursuant to Government Code § 54956.8 to meet with the City Council’s Real Property Negotiators Karen McNamara and Greg Rogers Regarding Negotiations with the San Ramon Valley Unified School District Concerning Terms for Exchange of Real Property to Create a Joint Use School Park in a yet Undeveloped Area of Dougherty Valley.
At 8:18 p.m., the Council convened to Closed Session: (1) Pursuant to Government Code § 54957.6 to meet with the City Council’s Labor Negotiators: Karen McNamara, Eva Phelps, Toni Renault, and Bob Saxe concerning Negotiations with the San Ramon Police Officers Association; and (2) Pursuant to Government Code § 54956.8 to meet with the City Council’s Real Property Negotiators Karen McNamara and Greg Rogers Regarding Negotiations with the San Ramon Valley Unified School District Concerning Terms for Exchange of Real Property to Create a Joint Use School Park in a yet Undeveloped Area of Dougherty Valley. Cm. Perkins was absent.
At 9:40 p.m., Mayor Clarkson reconvened the meeting. All Councilmembers except Cm. Perkins were present. For item 14.1, Mayor Clarkson reported that the Council took no action. For item 14.2, Mayor Clarkson reported that the Council took no action.
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At 9:43 p.m., there being no further business, Mayor Clarkson adjourned the meeting.
Bill Clarkson, Mayor
Patricia Edwards, City Clerk
Approved as presented at the April 23, 2013 City Council meeting 4-0-0-1; Perkins abstain.