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MINUTES OF THE
CITY OF SAN RAMON COUNCIL MEETING
February 25, 2014

A regular meeting of the City Council of the City of San Ramon was held February 25, 2014 at 7:01 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Clarkson presiding. 
PRESENT:  Councilmembers Hudson, O’Loane, Sachs, and Mayor Clarkson.
ABSENT:  Councilmember Perkins.
STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, Police Chief Joe Gorton, Interim Parks and Community Services Director Karen McNamara, Director of Planning and Community Development Director Phil Wong, Division Manager Esther Lucas, Division Manager Debbie Chamberlain, Senior Planner Lauren Barr, Program Manager Kathi Heimann, and Interim City Clerk Renee Beck.

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PLEDGE OF ALLEGIANCE

San Ramon Arts Foundation Treasurer Terry Cunningham led the Pledge of Allegiance.

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ANNOUNCEMENTS

(#3.1) The Interim City Clerk stated that there are no changes to the agenda items.

(#3.2) The Interim City Clerk noted there are no changes to the listed meetings.

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CONSENT CALENDAR

(#4.1) Register of Demands as Presented by the City Treasurer (Period ending January 31, 2014.)

(#4.2) Resolution No. 2014-025 – Repealing Resolution No. 2012- 23 and Designating and Appointing Standby Officers for the Members of the City Council and the City Manager in the Event of an Emergency.

Resident Robert Klingner addressed item 4.2.  He asked that information be provided about how the standby officers are selected.  He also asked that the standby officers have a time limit for serving in this capacity.  City Manager Rogers indicated that the standby officers only serve until the member of the governing body arrives.  Vice Mayor O’Loane stated that the judgment of those selecting the standby officers is sufficient. 

Councilmember Hudson’s motion to approve items 4.1 and 4.2 was seconded by Councilmember Sachs and approved 4-0-1-0 (Perkins absent).

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SPECIAL PRESENTATIONS

(#5.1) Special Presentation to Mark Ballock in recognition of his years of service to the Arts Foundation.

Kathi Heimann gave a brief history of Mr. Ballock’s work with the arts in San Ramon.  He has been an integral member of the Arts Task Force, Arts Advisory Committee, and most recently with the San Ramon Arts Foundation.  San Ramon’s Poet Laureate Kathy Moore wrote and read a poem in his honor and presented him with a framed copy.  Arts Foundation Treasurer Terry Cunningham presented Mr. Ballock with a gift from the Arts Foundation members.  Parks and Community Services Commissioner Will Doerlich presented him with a token of appreciation.  Mayor Clarkson presented Mr. Ballock with a certificate of appreciation from the City.  Mr. Ballock provided a synopsis of the evolution of the Arts Foundation.  He added that he has enjoyed creating arts programs for the City and working with City staff.  Cm. Sachs stated that the City’s success is due to people like Mr. Ballock.  Vice Mayor O’Loane thanked Mr. Ballock for being a catalyst for art in the City.  Mayor Clarkson noted that Mr. Ballock is a Rotary member and meets their definition of community service. 

(#5.2) Recognition of the 2013 “Building Bridges” Sponsors:  Chevron, Delta Bluegrass, The Home Depot, Safeway, Scott's Miracle-Gro, PG&E, and Waste Management. 

Steve Liao showed a short film based on the work that was done in the community for Building Bridges 2013.  He stated that 400 people worked on a Saturday with a common purpose to help single parents, the elderly, and military families at camp parks to remove debris and rehabilitate property.  He thanked the participants and the companies that provided goods and services to make the day a success.  Mr. Liao and Mayor Clarkson provided each of the participating companies a plaque and certificate of appreciation for their contributions. Lt. Col. Christopher Gerdes from Camp Parks thanked the volunteers for helping those who serve their country.  He stated they appreciated the help.

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PUBLIC COMMENT

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DEFERRED CONSENT ITEMS

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CITY COUNCIL APPOINTMENTS

(#8.1) Transportation Demand Management Advisory Committee Appointments.

Transportation Analyst Darlene Amaral provided the report.  She requested that the Council reappoint Chris Weeks and Sheri Glaser to terms expiring in January 2016. She also requested the appointment of Melody Phillips and the appointment of Jim Delano as an alternate for terms expiring in January 2016.

Cm. Hudson’s motion to appoint Chris Weeks, Sheri Glaser, and Melody Phillips as members and Jim Delano as an alternate to terms expiring in January 2016 was seconded by Cm. Sachs and approved 4-0-1-0 (Perkins absent).

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APPROVAL OF MINUTES

(#9.1) Minutes of the February 11, 2014 regular meeting.

Vice Mayor O’Loane’s motion to approve the February 11, 2014 City Council minutes was seconded by Cm. Sachs and passed 3-0-1-1 (Perkins absent; Hudson abstain).

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UNFINISHED BUSINESS

(#10.1) Approve the formation of Community Facilities District No. 2014-1 (Public Facilities and Services) “CFD”, hold a Public Hearing and Special Landowner Election, Declare the Results of the Election, and Introduce an Ordinance to Levy a Special Tax for the CFD.

Resolution No. 2014-026 – Approving Formation of a Community Facilities District.

Resolution No. 2014-027 –Determining Necessity to Incur Bonded and Other Indebtedness.

Resolution No. 2014-028 – Calling for a Special Election.

Resolution No. 2014-029– Declaring Results of the Special Election and Directing Recording of the Notice of Special Tax Lien.

Ordinance (Next in Line) – Levying Special Taxes within the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services).

Senior Planner Lauren Barr stated that this is a continuation of an item from the February 11, 2014, City Council meeting to approve the formation of a Community Facilities District.  Current actions will include a public hearing on the establishment of the Community Facilities District (CFD) and the annexation area, approval of four resolutions, and the introduction of the ordinance. 

Mayor Clarkson opened the Public Hearing.

Mr. Bob Glover representing the Building Industry Association of the Bay Area (BIA) indicated he had submitted a written letter of protest of the proposed CFD.  He stated the CDF is similar to one proposed in Santa Rosa which was overruled in court.  The BIA objections to the CFD are that General Plan section being used as justification for the CFD does not require developments to be revenue neutral and the CFD also violates the Mello-Roos Community Facilities Act as it does not add new or enhanced levels of service. In addition, this CFD requires a vote that is not free from conditions, as well as other legal issues.  The BIA is requesting time to find a fair and legal approach to development. Cm. Hudson asked if the letter Mr. Glover is referring to is the one from Paul Campos, dated February 25, 2014. He also asked if Mr. Glover or Mr. Campos had met with City Attorney Bob Saxe today.  Mr. Glover indicated that they met the previous week but the letter is dated today.  Mayor Clarkson stated that the CFD has been on the agenda previously and was referred to in his State of the City Address.  Mayor Clarkson stated the protest came vary late and that Council has had little time to review the letter and information provided.  He added that the City’s policy is that any new development must pay its own way.  He asked if the BIA is philosophically opposed to CFD’s.  Mr. Glover stated that they are opposed to the CFD overlay on the entire city. 

Resident Robert Klingner stated that the enactment of a CFD is a bad precedent. New residents will pay a disproportionate share of costs.  All residents should share equally in the cost of government since all receive the same services.  Mayor Clarkson stated that residents of the Dougherty Valley are already assessed a special tax.  City Manager Rogers stated that without the Dougherty Valley special tax, the City would be $10 million short per year.

Chris Truebridge of Sunset Development stated he also provided a letter of protest.  He does believe that housing developments need to pay their way.  He is asking that Bishop Ranch be excluded from the annexation map as it is inconsistent with the 1987 annexation/development agreement.  He would like the map to be consistent with the agreements in place between the City and Bishop Ranch. 

Mayor Clarkson closed the public hearing.

City Attorney Saxe asked the Council if there were any questions for him or Attorney Chris Lynch of Jones Hall, Bond Counsel, in regard to the CFD.  Cm. Sachs asked Mr. Saxe to comment on the Santa Rosa case and its applicability to San Ramon.  Mr. Saxe stated the issue in Santa Rosa had to do with a land use ordinance that required developer’s participation in a CFD.   This requirement took away the right to vote on participation.  San Ramon’s General Plan provisions provide that each project be evaluated.  The CFD puts a mechanism in place for the city to implement that General Plan policy.  Every development may not need this tool.  Dougherty Valley and Bishop Ranch will not be included even though they are in the annexation area. Mr. Saxe asked Chris Lynch to review the legal concerns. 

Mr. Lynch stated that the Santa Rosa case violated the voting rights of participants in the CFD but did not invalidate the City’s right to request the tax.  He reviewed the BIA’s legal objections to the CFD formation.  The letter states that the CFD violates the Mello-Roos Community Facilities Act because it does not pay for new or enhanced services.  The services that the City will provide to the CFD are new or enhanced services.  The second argument in the letter is that this would be a general tax but in fact it is a special tax to be used for specific purposes.  He added that the third argument is that it is a developer requirement to participate in the CFD.  This is not a requirement. Financial impacts of new development to the City can be mitigated in a number of ways.  The CFD is just one of them.  Lastly, if future property owners overturn the tax, the City can discontinue those services.

Mr. Saxe stated that Bishop Ranch could be included or excluded on the map.  He stated a map modification could be made to exclude them in keeping the with 1987 Annexation Agreement.

Mayor Clarkson indicated that they should be excluded from the map if it doesn’t extend the current process.  He added that the CFD is an efficient process for builders to get approvals.  Without the CFD, each builder would have to go through this process individually and be required to bear the cost.  Mayor Clarkson asked Mr. Glover if the BIA preferred that CFD’s be created on a case by case basis.  Mr. Glover stated that the CFD as proposed is illegal and that the BIA prefers that each development be handled on a case by case basis. Cm. Sachs asked for clarification on the property owner’s vote with regard to participation in the CFD. He stated that the BIA is inferring that this is a blanket assessment.  Division Manager Chamberlain stated that this CFD is mechanism to balance cost recovery and builders can choose to join.  She added that not all developments will need this option.  Mr. Lynch stated that it is an option available but that it requires the unanimous approval of the property owners.

Cm. Hudson stated that Paul Campos sued the Air District and ABAG.  He suggested that Council delay the process and discuss the issues with the BIA.  He suggested continuing the item to the March 11, 2014, to meet with the BIA and Sunset Development to resolve differences.  Mr. Saxe stated that Acre is trying to close escrow on the property and the delay may or may not cause a problem.

Vice Mayor O’Loane stated that Dougherty Valley had two different mechanisms in place to pay for services before home sales.  He added it in not likely that the City and BIA will agree on whether housing developments pay for themselves.  He doesn’t feel that delaying the process for two weeks will change the results.  Cm. Sachs stated that Bishop Ranch should be included on the map to account for possible changes in the future.  He added that the City and Bishop Ranch have a good working relationship and Bishop Ranch may want to use this funding mechanism in the future.

Mr. Saxe provided information regarding delaying the process for two weeks and the affect it would have on Acre regarding their close of escrow. 

Mayor Clarkson requested written protests.  Mr. Saxe the two letters already received are written protests.

Mr. Saxe asked if it is the Council’s intent to modify the CFD map to exclude Bishop Ranch.  Mr. Saxe and Mr. Lynch suggested resolution modification to reflect that the map shall be amended to remove the Bishop Ranch parcels that are affected by a limitation on the creation of an assessment district under provisions of a 1987 Annexation/Development Agreement.

Councilmember Sachs motion to approve Resolution No. 2014-026 as amended was seconded by Vice Mayor O’Loane and approved 3-1-1-0; Cm. Hudson No and Cm. Perkins absent.

Councilmember Sachs motion to approve Resolution No. 2014-027 was seconded by Vice Mayor O’Loane and approved 3-1-1-0; Cm. Hudson No and Cm. Perkins absent.

Councilmember Sachs motion to approve Resolution No. 2014-028 was seconded by Vice Mayor O’Loane and approved 3-1-1-0; Cm. Hudson No and Cm. Perkins absent.

The Interim City Clerk opened the ballot.  The special election results were that the property owner voted yes to authorizing the levy of the special tax.  The property owners voting are Rasap Franklin II, LLC, a California Limited Liability Company (60.5% interest) and Rasap Pleasanton, LLC, a California Limited Liability Company (39.5% interest).

Councilmember Sachs motion to approve Resolution No. 2014-029 was seconded by Vice Mayor O’Loane and approved 4-0-1-0; Cm. Perkins absent.

Councilmember Sachs motion to introduce the Ordinance, waive the reading and read by title only, conduct a public hearing, and sent March 11, 2014 for adoption was seconded by Vice Mayor O’Loane.

Mayor Clarkson opened the public hearing.  There were no speakers.  Mayor Clarkson closed the Public Hearing. 

The Motion was approved 3-1-1-0; Cm. Hudson No and Cm. Perkins absent.

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Mayor Clarkson requested a break at 9:07 P.M.  The meeting resumed at 9:17 P.M.

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NEW BUSINESS

(#11.1) Arts Advisory Committee Annual Report.

Division Manager Esther Lucas introduced Arts Advisory Committee Chair Donna Batchelor who provided the report.  She reviewed the purpose and accomplishments of the Committee.  The accomplishments of the Committee include updating the five year Cultural Plan, review and approval of three public art pieces, funding of three community arts grants, selection of the Art & Wind festival artwork, selection of artists for the 2014 gallery year, and a review of City sponsored cultural events.  The Committee’s goals and objectives for 2014 include review and recommendations on improving current arts programs, advocating for multicultural forms of art, increasing use of social media and signage to increase attendance at cultural events, collaborating with the Arts Foundation to subsidize programs, and exploring opportunities for increased awareness of San Ramon’s public art collection, supporting literary arts, and enhancing fine arts elements at San Ramon events.

Mayor Clarkson thanked Ms. Batchelor for all the Committee’s work.  Ms. Batchelor requested the help of the Council to find new ways to advertise all of the Arts programs.

Vice Mayor O’Loane’s motion to receive the report was seconded by Cm. Sachs and passed 4-0-1-0 (Perkins absent).

(#11.2) Minute Order No. 2014-006 – Confirming the Recommendation of the Parks and Community Services Commission for the Fourth of July Independence Day Event.

Division Manager Esther Lucas provided the report and introduced the investigative team representing various agencies who participated in this study.  She provided a history of the Independence Day Celebrations since 1987 and the progression of the event changes over time.  In December 2012, the City Council gave direction to staff to develop a long range event plan. She indicated that staff and the investigative team have spent over 250 hours since October 2013 trying to locate a possible shoot site for the fireworks.  Eleven sites were identified that fit the established criteria.  The only site recommended by the Team was Old Ranch Park.  Two public meetings were held at which 6-1/2 hours of public testimony was taken.  The major concerns were traffic, noise, congestion, safety, fire danger, impacts to animals, and property owner concerns.  Through citizen input, ranked priorities were established for the Celebration.  The Parks and Community Services Commission reviewed the options and concluded that the July 4th event should include Run San Ramon and an evening celebration to include a band and tribute to veterans held in Central Park with no aerial display at a cost of $45,000.  The Commission requests that the City Council adopt this minute order confirming the Commission’s recommendation.  Parks and Community Services Commission Chair Meine stated that this is an important holiday.  He stated that many hours went into this study and that best alternative is to repeat the event as it was done last year.

Mayor Clarkson opened public comment.  There were no speakers.  Mayor Clarkson closed public comment. 

Cm. Hudson stated not having fireworks was unacceptable because the fireworks can be done safely in Central Park.  Cm. Sachs asked whether the Central Park location would be viable in the future.  Interim Parks and Community Services Director Karen McNamara indicated the construction of the City Hall and City Center will create issues.  Parking and a good shoot site will be issues in Central Park.  Cm. Sachs stated that while residents want fireworks they also want a downtown.  He also asked if money has been budgeted for an aerial display.  Ms. McNamara stated funds were not budgeted for an aerial display.   Mayor Clarkson commented about the amount of time spent to find a solution.  He feels that the Council should defer to the decision of the Parks and Community Services Commission.  Cm. Hudson stated a safe event can be held at Central Park as has done the past 20 years.  Vice Mayor O’Loane thanked everyone involved for their extensive work.  He indicated the “Open San Ramon” survey had a variety of responses to the question of fireworks.  Vice Mayor O’Loane asked Cm. Hudson if he is proposing a ground display at Central Park.  Cm. Hudson stated it is an option.  City Manager Rogers confirmed that Central Park will not be a viable shoot site in the future.  Police Chief Gorton stated that a ground display would need to be advertised as such to prevent overcrowding.  Cm. Sachs stated that he feels the money should be spent where it could be enjoyed all year, not just one evening.  Cm. Hudson stated that fireworks are possible in San Ramon whether it is aerial or ground display.  He asked about contributions from San Ramon sponsors that would make a Central Park fireworks event possible.  Ms. Lucas stated that no sponsors have come forward.  She added that over the last 20 years sponsors are not interested in funding this event due to its short duration.

Cm. Sachs’ motion to approve Minute Order No. 2014-006 was seconded by Vice Mayor O’Loane and passed 3-1-1-0 (Hudson no; Perkins absent).

CITY MANAGER COMMENTS

(#12.1)Update:  City Hall Construction Project.

Planning Director Phil Wong provided the report indicating that other than a few comments focused on public spaces, the plans were well received.  The plans will be presented to the public at the March 11, 2014, City Council Meeting. 

PUBLIC COMMENT

CITY COUNCILMEMBERS’ AND MAYOR’S COMMENTS

Cm. Sachs stated that the Library Renovation Group met with architect.  They now have a good idea of what can be done and will start looking at other libraries for costs. 

Vice Mayor O’Loane congratulated the Dougherty Valley High School Boys Basketball Team for making the NCS Division I playoffs.

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CLOSED SESSION

(#1.1) Pursuant to Government Code §54956.9(a) to meet with City Attorney regarding Sanorris Investments, LLC. v. City of San Ramon (Superior Court No. C-13-01635).

At 10:12 p.m., the Council convened to Closed Session Pursuant to Government Code §54956.9(a) to meet with City Attorney regarding Sanorris Investments, LLC. v. City of San Ramon (Superior Court No. C-13-01635).  Cm. Perkins was absent. 

(#1.2) At10:34 p.m., Mayor Clarkson reconvened the Council meeting.  Cm. Perkins was absent.  Mayor Clarkson reported that the Council provided direction to staff.

ADJOURNMENT

At 10:35 p.m., there being no further business, Mayor Clarkson adjourned the meeting.


Signed:
Bill Clarkson, Mayor
Renee Beck, Interim City Clerk

Approved as presented at the March 10, 2014 City Council meeting 4-0-0-1; Perkins abstain.

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