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May 14, 2013

A regular meeting of the City Council of the City of San Ramon was held May 14, 2013, at 7:05 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 Chief Scott Holder, Division Manager Debbie Chamberlain, Administrative Services Director Eva Phelps, and Deputy City Clerk Renee Beck.

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Planning Commissioner Donna Kerger led those present in the Pledge of Allegiance.

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The Deputy City Clerk read a letter from Acre Investment Company LLC withdrawing their applications for a General Plan Amendment and Rezone for the property at 125 and 130 Ryan Industrial Court.  These applications pertain to items 9.1 and 9.2 on this agenda. Vice Mayor Hudson’s motion to remove the items from the agenda was seconded by Cm. Perkins and passed 5-0.

There were no changes or corrections to the meetings listed on the agenda. 

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(4.1) Recognition of Eagle Scouts:  Graham Brotherson, Bhuvan Prembabu, and Dan Tatum by Mayor Clarkson and Councilmember Perkins.

Mayor Clarkson and Cm. Perkins read and presented each Eagle Scout with a proclamation from the City.  The proclamations summarized their scouting achievements and described their Eagle Scout Projects.  The three honorees are members of Troop 84 in San Ramon. 

(4.2) Recognition of Chelsea Edwards for Painting the Mural at the San Ramon Police Department.  Presentation by Chief Holder.

Chief Holder presented Chelsea Edwards with a gift from the Police Department for her eleven months of work painting the mural in the San Ramon Police Department.  He acknowledged her perseverance in completing the mural which includes a patrol car and police motorcycle, a camouflage uniformed SWAT officer, retired K9 Dar, and the San Ramon Police badge.  Mayor Clarkson presented Ms. Edwards with a certificate of appreciation from the City.  Ms. Edwards thanked her mother, art teacher, and the Police Department staff for their help and support in completing this project.

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Resident Dennis Lewenthal provided a history of light pollution issues he has experienced due to a City lamppost adjacent to his rear fence.  A light deflector previously corrected this problem.  That defector was removed when the City installed new LED lighting.  He requested that the City Council have a deflector re-installed as the light shines directly into his master bedroom.  Mayor Clarkson asked the City Manager to discuss this with staff and provide feedback to the Council.

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The Deputy City Clerk noted that there was a request to pull item 8.1 for public comment.

(8.2) Minute Order No. 2013-014 – Authorizing Vice Mayor Hudson to Attend the Bay Area Air Quality Management District Sponsored Air & Waste Management Association’s Annual Conference & Exhibition in Chicago, IL on June 25-28, 2013.

(8.3) Minute Order No. 2013-015 – Authorizing Amendment No. 1 to the Three-Year Purchasing Agreement with Imperial Sprinkler to Supply Irrigation Supplies in an Annual Amount Not to Exceed $50,000 and to Enter Into Subsequent Amendments for a Cumulative Three-Year Agreement Total Not to Exceed to $425,000.

(8.4) Minute Order No. 2013-016 – Authorizing the Expenditure for the Purchase of Four GMC Trucks from National Auto Fleet Group in the Amount of $122,966 and Approving the Surplus at Auction of Four Trucks that Have Exceeded Their Useful Life.

(8.5) Resolution No. 2012-036 – Accepting Certain Landscape Improvements in RA 1154 (a Portion of South Monarch Road) for Maintenance (Shapell Industries).

(8.6) Resolution No. 2013-037 – Accepting Certain Dedications in Subdivision 8153 (Windemere BLC Land Development Co., LLC.

(8.7) Resolution No. 2013-038 – Authorizing the Mayor to Execute Amendment
No. 2 to the Agreement with FloraTech Landscape Management, Inc. for Landscape Maintenance Services in a Total Annual Amount Not To Exceed $2,000,000 and to Enter Into Subsequent Amendments for a Cumulative Five-Year Agreement Total Not to Exceed $9,000,000.

Cm. Perkins’ motion to adopt items 8.2 through 8.7 was seconded by Cm. Livingstone and passed 5-0. 

(8.1) Resolution No. 2013-035 – Considering an Addendum to the 2012 Zoning Ordinance Initial Study/Negative Declaration and Finding it Consistent with the California Environmental Quality Act (CEQA) for Zoning Ordinance Text Amendment (TA 13-410-001).

Ordinance No. 437 – Adopting Revised Title D, Zoning, (Zoning Ordinance Text Amendment TA 13-410-001 Addressing: 1) Raising of Chickens; 2) Providing Educational Services with a Home Occupation Permit; 3) Conducting Cottage Food Operations, Pursuant to Assembly Bill 1616; and 4) Other Miscellaneous Minor Text Revisions) of  the Municipal Code of the City of San Ramon.

Division Manager Debbie Chamberlain provided the history of the Ordinance.  The City Council previously recommended that bees be removed from the Ordinance.  Bees are classified as a farm animal and this definition allows beekeeping on parcels of one acre or larger.  She requested that the resolution and Ordinance be adopted as presented.

Mayor Clarkson opened public comment.

Resident Elisa Dowd stated that she is in favor of raising chickens within the guidelines set forth in the ordinance.

Mayor Clarkson closed public comment.

Cm. O’Loane stated that his understanding was that the beekeeping portion of the Ordinance was being referred to the Policy Committee for review and was concerned that this ordinance effectively prohibited beekeeping.  Interim City Attorney Bob Saxe stated that this Ordinance includes only the portions of the Ordinance that the City Council agreed upon.  The Zoning Administrator has authority over beekeeping decisions in regard to current requirements.  The Policy Committee will review the beekeeping issues and possibly request a modification to the Ordinance.

Cm. Perkins’ motion to adopt item 8.1 was seconded by Vice Mayor Hudson and passed 5-0. 

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(9.1) Public Hearing:  Resolution No. 2013-039 – Adopting Initial Study/Negative Declaration (IS 12-250-003) and Acting upon a General Plan Amendment (GPA 12-400-001) Changing the Land Use Designation from Mixed Use to Multifamily-High Density (14-30 units/acre) for the Properties Located at 125 and 130 Ryan Industrial Court (APN: 208-280-017 and 208-280-018).

(9.2) Public Hearing:  Ordinance (next in line) – Approving Rezone RZ 12-600-001 Amending the City Zoning Map to Rezone Property Located at 125 and 130 Ryan Industrial Court (APN: 208-280-017 and 208-280-018) from Mixed Use (MU) to Medium-High-Density Residential (RMH).

Items 9.1 and 9.2 were withdrawn at the request of the applicant.

(9.3) Resolution No. 2013-040 – Adopting the Fiscal Year 2013-2014 Operating and Capital Budget, Establishing an Appropriation Limit, and Authorizing Carryover Project Appropriations.

Administrative Services Director Eva Phelps provided the report.  The report covered City-wide and departmental resources and expenditures.  She stated that the proposed budget represents all City funds and programs.  The budget reflects slow revenue growth, inflationary cost increases for utilities and benefits, maintenance of service levels with resource constraints, expansion of the Dougherty Valley service requirements, hiring restrictions, elimination of long-term vacant unfunded positions, and a cost services reduction plan. The strategy for the General Fund proposed budget is to: continue hiring restrictions; implement $900,000 in departmental identified cost and service reductions; increase fees; implement additional employee paid pension contributions; and use $2.1 million from General Reserves.  Ms. Phelps provided a forecast which includes revenue growth that does not keeping up with the cost of providing services, additional years of slow revenue growth, and continued hiring restrictions.  The City’s near term challenges will be revenue growth, providing services with fewer resources, and continuing to align revenue and expenditures. 

Vice Mayor Hudson asked if there was any further consideration or discussion regarding the privatization of the Dougherty Valley Performing Arts Center theatre performances and delay in hiring a new Character Counts officer.  He is concerned about the five year projections and the possibility of dropping below $30M in reserves. Cm. O’Loane stated he has similar concerns about deferred maintenance of City facilities.  Cm. Perkins thanked staff and the City Manager for their cooperation in this process.  Mayor Clarkson stated that current service levels cannot be maintained.  Mayor Clarkson made a motion to fund the design of the shade structures for several parks in Dougherty Valley.  There was no second for the motion.  Mayor Clarkson withdrew the motion.

Cm. Perkins’ motion to adopt item 9.3 was seconded by Cm. Livingstone and passed 5-0. 

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City Manager Greg Rogers provided the City Council with an update on the dissolution of the San Ramon Redevelopment Agency and stated that overall progress has been slow.  Mr. Rogers added that the Administrative Services Director and the City Attorney have met with the Department of Finance and the State Controller’s Office and the process is now progressing.

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Resident Roz Rogoff asked for a status report on the Mudd’s property and requested that the Successor Agency agree to sign documents requesting landmark status from the State of California.  She requested that Matthew Larson be given an exclusive option to purchase the property for full market value.  She stated that Mr. Larson would restore and improve the property which would save the building and benefit the City in the future.

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Cm. Perkins provided an overview of the San Ramon Police Department’s Citizen’s Watch program.  Citizens can register their home security cameras with the San Ramon Police Department.  Footage can be reviewed by the police if a crime is committed in the area.  Chief Holder stated that twenty-nine residents are currently participating in this crime prevention program.  Program information and applications are available at:  http://www.sanramon.ca.gov/police/citizensview.htm.

Vice Mayor Hudson announced that Contra Costa Supervisor John Gioia has been named as the representative to the California Air Resource Board (CARB).  The CARB Board is the regulatory agency that deals with air pollution legislation.  He congratulated Mr. Gioia on his appointment.

Mayor Clarkson urged interested residents to apply for current openings on the Arts Advisory Committee, Housing Advisory Committee, Senior Advisory Committee, and Transportation Demand Management Advisory Committee.  Committee responsibilities and applications can be found at: http://www.sanramon.ca.gov/bcc/openings.html.

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(14.1) Pursuant to Government Code § 54957.6 to meet with the City Council’s Labor Negotiators: Scott Holder, Eva Phelps, and Toni Renault Concerning Negotiations with SEIU Local 1021.

(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 8:22 p.m., the Council convened to Closed Session: (1) Pursuant to Government Code § 54957.6 to meet with the City Council’s Labor Negotiators: Scott Holder, Eva Phelps, and Toni Renault Concerning Negotiations with SEIU Local 1021; 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.

All Councilmembers were in attendance.

At 9:28 p.m., Mayor Clarkson reconvened the meeting.  Mayor Clarkson reported that the Council took no action on either item. 

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At 9:29 p.m., there being no further business, Mayor Clarkson adjourned the meeting.

Bill Clarkson, Mayor
Patricia Edwards, City Clerk

Approved as presented at the May 28, 2013 City Council meeting 5-0.

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