MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held December 13, 2005 at 7:28 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

PRESENT: Councilmembers Hudson, Perkins, Rowley, Vice Mayor Livingstone and Mayor Wilson.

STAFF PRESENT: City Manager Herb Moniz, City Attorney By Athan, Police Chief Scott Holder, Public Services Director Karen McNamara, Emergency Preparedness Coordinator Brian Lindblom, Finance Director Greg Rogers, Planning Services Manager Debbie Chamberlain, Planning Director Phil Wong and City Clerk Patricia Edwards.

Mayor Wilson convened the Closed Session from 5:09 p.m. to 6:25 p.m. The Council met in closed session pursuant to Government Code §54956.95 to meet with its legal counsel pertaining to Workers’ Compensation Liability for Kevin O’Brien. The Council also met in closed session pursuant to Government Code §54957 to meet with its labor negotiators, Jeff Eorio, Greg Rogers and Cheryl Mitchell Wade concerning negotiations with SEIU Local 790. No definitive action was taken on either item.

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Judy Macfarlane led the Council, staff, and those in the audience in the pledge of allegiance.

Mayor Wilson asked if there were any changes or additions to the agenda. The City Clerk noted there were none.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The City Clerk noted that the Finance Committee meeting scheduled for Wednesday, December 14, will be held on Thursday, December 15, at 4:00 p.m. in the Planning Conference Room. The Street Smarts Skate night will be held on Wednesday, December 21, 2005 at 6:30 p.m. at Golden Skate.

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San Ramon Presbyterian Church representative Stephen Liao thanked the Council for their support of this project whose goal is to enable neighbors to work together to create community. On October 22, 2005, 250 volunteers worked at 30 homes in the Tri-Valley area. Projects include yard cleaning, home repairs, building a game room, etc. Partnering with the City’s Building Department, several non-compliance issues were handled in a dignified manner. This year, ten dumpsters were filled compared with three dumpsters in 2004. Mr. Liao acknowledged the support of Crow Canyon Country Club and 5A Rent-a-Space. Mayor Wilson presented Randy Asakura, Ashley Bohacek and Courtney Rawitch, who represented the Monte Vista High School Leadership class, with a proclamation acknowledging their contributions. 5A Rent-A-Space was recognized with a proclamation for their contribution of a storage facility for project equipment and supplies. Mr. Liao accepted the proclamation for the Crow Canyon County Club who contributed $1,000 towards event expenses. Mayor Wilson encouraged the community to participate. Mr. Liao noted that the next event is scheduled for October 21, 2006.

Police Chief Scott Holder introduced Office Technicians Valerie Amaral and Dana Sweaney. Mayor Wilson welcomed them to the City and presented each with a City pin.

Chief Holder introduced each new San Ramon police officer and reviewed each officer’s career in law enforcement. Mayor Wilson emphasized the partnership between the City, residents, and the police department. He welcomed the officers to the City family.

Recognition of Judy Macfarlane for her Contributions to the Reader Board at California High School.

Mayor Wilson reported that, in lieu of a retirement party, Judy Macfarlane encouraged well wishers to donate to the electronic Reader Board fund at California High School. The state-of-the-art reader board cost $50,000. He noted that Ms. Macfarlane was the City’s first employee and praised her for giving back to the community. He added that the reader board is connected to SBC/ATT and can provide information in the event of an emergency. Mayor Wilson presented Ms. Macfarlane with a certificate of appreciation from the Council and a monogrammed robe. Ms. Macfarlane thanked everyone who contributed to make the reader board a reality. She added that she enjoyed working with the various City Councils and thanked the Council for her retirement gift.

Recognition of Sandy Tenborg as City of San Ramon Employee of the Month for December 2005.

Public Services Director Karen McNamara recognized Sandy Tenborg as the San Ramon Employee of the Month for December 2005. Ms. Tenborg was recognized for her efforts in preparing the Dougherty Station buildings for the Grand Opening event. Mayor Wilson presented Ms. Tenborg with a certificate and thanked her for her contributions to the City. Ms. Tenborg responded that San Ramon is a wonderful place to work and thanked the Council for this recognition.

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The City Clerk noted that no Council appointments were scheduled.

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The City Clerk noted that there was one request for public comment.

Jane Jennings, the American Red Cross (ARC) liaison to San Ramon, expressed appreciation for the City’s pending agreement with the ARC and the establishment of a Citizen Corps Council. This Council will involve the community in emergency prevention, preparedness and response activities. She said that her experience in Louisiana after Hurricane Katrina reinforces the need to plan ahead and that preparation enables different organizations to work together more smoothly. She distributed ARC emergency related brochures to the Council. Mayor Wilson said that the City will be focusing on disaster preparedness in 2006.

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Vice Mayor Livingstone’s motion to approve the November 22, 2005 minutes was seconded by Cm. Rowley and passed 5-0.

Vice Mayor Livingstone’s motion to approve the November 29, 2005 minutes was seconded by Cm. Rowley and passed 5-0.

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Resolution No. 2005-155 – Authorizing the Mayor to Sign Master Cooperative Agreement No. 43-00-100 Between the Contra Costa Transportation Authority and the City of San Ramon.

Resolution No. 2005-156 – Repealing Resolution 2005-66 and Amending the Parking Restrictions Master Street List (Exhibit B) by Adding Parking Restrictions in Various Areas of San Ramon.

Resolution No. 2005-157 – Authorizing the Mayor to Execute an Agreement with the American Red Cross Bay Area to Provide Emergency Shelter for Disaster Displaced Members of Our Community.

Resolution No. 2005-158 – Authorizing the Mayor to Execute the CSA Reimbursement Agreement between the County of Contra Costa, Shapell Industries, Windemere Ranch Partners and the City of San Ramon Related to County Service Area (CSA) M-29.

Resolution No. 2005-159 – County Service Area (CSA) M-29 Fiscal Year 2004-05 Reimbursement and Fiscal Year 2005-06 Budget.

Resolution No. 2005-160 – Authorizing the Mayor to Execute a Lease Agreement with Ricker Machinery Co. for Leasing a Street Sweeper in an Amount not to exceed $139,258 Over an Eight Year Lease Term.

Resolution No. 2005-161 – Accepting Certain Road and Stormdrain Improvements in Subdivisions 8150, 8151, 8152, and 8712 for Maintenance (Windemere BLC Land Development Co., LLC).

Resolution No. 2005-162 – Authorizing the Mayor to Execute Contract Amendment No. 2 to the Agreement with Carey and Co., Inc. for Architectural  Design Services for the Interior Restoration of the Historic David Glass House and Tank House (CIP 5419) for a Time Extension from December 31, 2005 to December 31, 2006.

Resolution No. 2005-163 – Authorizing the Mayor to Execute Contract Amendment No. 1 to the Agreement with John Northmore Roberts and Associates for Landscape Architectural  Consulting Services for the Design and Layout Plans for the Historic David Glass House for a Time Extension from December 31, 2005 to December 31, 2006.

Resolution No. 2005-164 – Accepting PA 0009 (Valley View Park, Parcel O of Subdivision 7984) for Maintenance (Shapell Industries/Monarch at Gale Ranch).

Resolution No. 2005-165 – Accepting PA 0003 (Hidden Crest Park, Parcel G in Subdivision 7984) for Maintenance (Shapell Industries/Monarch at Gale Ranch).

Resolution No. 2005-166 – Authorizing the Mayor to Execute an Agreement with Dublin San Ramon Services District (DSRSD) for Access to the Recycled Water Booster Pump Station R300B in Valley View Park.

Resolution No. 2005-167 – Granting a Pump Station Easement, an Access Easement, an Antenna Easement, a Sanitary Sewer Easement, and a Utility Easement to Dublin-San Ramon Services District for the Recycled Water Booster Pump Station R300B in Valley View Park.

Resolution No. 2005-168 – Authorizing the Mayor to Execute Contract Amendment No. 2 to the Agreement with T.Y. Lin International/CCS (formerly d.b.a. CCS Planning and Engineering, Inc.) for Engineering Consulting Services for the Dougherty Road Alignment Study for a Time Extension from December 31, 2005 to December 31, 2006.

Appoint Richard A. Mangum, AIA to the Architectural Review Board.

Resolution No. 2005-169 – Authorizing the Mayor to Execute Amendment No. 1 to an Agreement with West Coast Arborists, Inc. to Provide for Additional Tree Maintenance Services in the Amount of $25,950 for FY 2005/06.

Resolution No. 2005-170 – Consideration of Amendment No. 1 to the Agreement and Contract of Sale and Escrow Instructions for Lot 4, Tract 8454, San Ramon for the 7.5 Acre Property at Camino Ramon and Bollinger Canyon Road.

Vice Mayor Livingstone’s motion to approve consent calendar items 8.1 through 8.17 was seconded by Cm. Hudson and passed 5-0.

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Continued from November 22, 2005 Meeting: Public Hearing – Resolution No. 2005-153 – Establishing a Citizen Corps Council to Involve the Community in Emergency Prevention, Preparedness and Response Activities

Police Chief Scott Holder introduced the item. He said that residents as well as City government need to be prepared. The Citizens Corps Council involves community members, representatives from the City Manager’s Office, volunteer agencies, police, fire. San Ramon’s Emergency Preparedness Coordinator Brian Lindblom reviewed the CERT ( Community Emergency Response Team) program which is designed to provide planning before a disaster occurs. The goal is for emergency personnel to train community members in basic response skills.

Danielle Bell with the San Ramon Fire Protection District provided an overview of the CERT program. She noted that CERT is not intended to replace emergency response teams. It requires an investment of local capital and resources and is designed to harness the power of individuals through training so that they are able to better respond in emergencies. She reported that there is a 70% probability of at least a 6.7 magnitude or greater earthquake in the Bay Area. The mission of the Citizen Corps is to have everyone participate in making America safer and recognize their personal responsibility for training and volunteer service. She reviewed the 20 hour training program which is also available online. She stressed the importance of a personal emergency plan. This enables citizens to be a survivor and not a victim in an emergency situation. Cm. Rowley thanked Ms. Bell for her presentation. Mayor Wilson noted one speaker request.

Roz Rogoff, who volunteers for the Tri-Valley Animal Rescue (TVAR), noted the lack of planning for the needs of animals in an emergency. After Hurricane Katrina, many people would not leave their homes because they would not leave their animals. She suggested the Council consider the involvement of a local animal rescue group. TVAR is interested in being a part of the emergency preparedness planning effort. She requested that they be added to the list of involved organizations.

Cm. Perkins’ motion to adopt Resolution No. 2005-153 was seconded by Cm. Rowley and passed 5-0. Mayor Wilson emphasized the importance of a disaster preparedness and recovery plan that involves the entire tri-valley. He added that experts estimate that we will need to survive on our own for at least seven days after a disaster. He asked for the community’s commitment to this program. The Council voted 5-0.

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The City Clerk requested a nomination from the Council for the position of Vice Mayor. Vice Mayor Livingstone’s nomination of Cm. Rowley was seconded by Cm. Perkins. There being no other nominations, the Mayor closed the nominations. Mayor Wilson requested a roll call vote. A roll call vote was taken and the vote was 5-0 unanimously selecting Cm. Rowley as the new Vice Mayor.

Presentation on Proposals and Recommendations for Residential and Commercial Solid Waste Collection Services in the City of San Ramon Effective October 1, 2006; Authorize Staff to Begin Negotiations with Recommended Provider

Karen McNamara, Public Services Director, introduced the item. She provided the Council with an updated Table 5 presenting a monthly rate comparison of current, original and revised proposed monthly rates for single family residential customers. She introduced Ric Hutchinson with R3 Consultants who reviewed the procurement process and summary of the results. He summarized the timetable of completed tasks.

Proposals were received from Waste Management, Inc. (WM) and Amador Valley Industries (AVI). Cm. Perkins expressed concern that the City received only two proposals. Mr. Hutchinson said that six companies attended the preproposal meeting. Response from the other companies indicated their intent to decline to bid based on location, concern regarding the rate structure, overall requirements, etc.

Mr. Hutchinson reviewed the development and application of the evaluation criteria. The Finance Committee weighted the evaluation criteria. He reported that AVI scored higher than WM for both the raw scores and the weighted scores. AVI offered more services than WM in a comparison of the major differences between current and proposed services. AVI will provide On-call Bulky Waste Collection three times a year which includes white goods. The City’s franchise fee will now be a specific percentage of the revenue so that it will remain constant. Rates will be indexed on an annual basis.

Mr. Hutchinson noted that, for both companies, rates are increasing as a result of increased costs for fuel, labor, disposal and increased diversion requirements. San Ramon’s current customer rates are low when compared to the surrounding market area. The proposed residential rate increase is 84.9% for WM and 45.9% for AVI and will remain constant from October 1, 2006 through December 31, 2007. The next rate increase would occur
January 1, 2008.

Mr. Hutchinson reviewed the proposed rates and services for commercial customers. The total estimated rates for commercial collection are projected to increase by 31.6% for WM and by 67.7% for AVI. The commercial rate does not include recycling.

The multi-family rates include garbage service and recycling. The estimated collection rates would increase 82.0% for WM and 60.0% for AVI. Based on current rates, the total estimated rates for residential, commercial and multi-family collection are estimated to increase by 68.9% for WM and by 54.0% for AVI.

He added that several optional services are available. These include the collection of residential food waste, additional green waste for single families, use of compressed or liquid natural gas vehicles, options for commercial and multi-family dwellings, citywide programs for household hazardous and electronic waste events, and residential and commercial street sweeping.

Mr. Hutchinson recommended that the Council approve AVI as the first rank proposer and authorize staff to negotiate the final terms and conditions with recommended program options. The recommended options include: the food waste program, additional green waste option, compressed or liquid natural gas vehicles and the multi-family dwelling used oil collection.

Mr. Hutchinson recommended that the City’s negotiations include: using 2-3 years to phase in the rate increase; adopting a one time adjustment to equalize the commercial account data with the commercial rates; and incorporating the transition plan into the final franchise agreement. Mayor Wilson asked why there was a problem with the collection of commercial account data. Mr. Hutchinson responded that it may be due to the WM data system. Vice Mayor Livingstone asked if, after a year’s analysis, the commercial rate could be adjusted. Mr. Hutchinson said yes. He noted that part of the agreement is reimbursement of costs relating to the procurement process. He anticipates that the franchise fees starting in October 2006 will be between $840,000 to $950,000.

Vice Mayor Livingstone requested clarification on e-waste and green waste. Mr. Hutchinson noted that e-waste is included as part of the three on-call bulky collections. He added that residents can request a second green can up to 64 gallons. If they currently have a 96 gallon can, they can get a second 96 gallon can.

Gordon Galvan of AVI commended City staff for their work and the professionalism of R3. He is thrilled to have the staff’s recommendation and is looking forward to a long and mutually prosperous relationship with San Ramon. He anticipates a seamless transition and stated that AVI wants to provide the best possible program for the City’s residents and businesses.

Cm. Perkins asked about the food waste collection. Mr. Galvan stated that food waste is incorporated into the green can which is an easy transition for customers. Cm. Perkins noted that this will decrease the demands on the sanitary sewer system. He asked about the availability of AVI staff. Mr. Galvan stated that they will use current staff and assured the Council that there will be adequate staff.

Vice Mayor Livingstone asked if AVI will provide an educational program regarding food waste. Mr. Galvan stated that AVI will provide specifics and educate the customers. Vice Mayor Livingstone asked if there were any programs in place to increase recycling efforts in the business community. Mr. Galvan noted that they will conduct business waste audits to help businesses decrease their cost and increase recycling. Vice Mayor Livingstone expressed concern about the significant rate increase for businesses. Mr. Galvan said that AVI plans to work with businesses to decrease their bill.

Kathleen Minser, WM Government Affairs Manager, emphasized that WM has the experience, financial strength and the staff to handle solid waste collection services for the City. They have provided service to San Ramon for 40 years. She added that WM can handle San Ramon in the event of a natural disaster. She expressed concern about AVI’s ability to enact a smooth transition.

Tri-Valley Community Television Channel 30 experienced a power failure. Mayor Wilson called for a recess
at 9:15 p.m. The meeting reconvened at 9:30 p.m.

James Silva, Area Vice President for WM, enumerated WM’s advantages which include its strength and size, redundancy in staff and equipment, and their ability to provide services in the event of a disaster. He added that WM has provided services for several years at a financial loss. He stated that the compensation differences between WM and AVI are less than 10%. In spite of the current contract’s financial disadvantage, WM performed faithfully. He asked the Council to consider WM’s performance record. He added that if the City continues their contract with WM, WM would consider a $115,000 discount. WM would also be willing to phase in the rate increase.

Vice Mayor Livingstone recognized the experience and financial strength of WM. Mr. Silva suggested several options to reduce costs. One included disposal at Vasco at a more cost effective rate. Cm. Perkins thanked WM for their years of service and participation in the proposal process.

Cm. Perkins’ made a motion to direct City staff to proceed with negotiations with AVI and include the four recommended options in the proposed contract and bring the franchise agreement back to Council for final approval. The motion was seconded by Vice Mayor Livingstone. Cm. Hudson noted that staff asked for policy options to be included. Cm. Perkins accepted the amendment. Cm. Hudson included the recommendation that the proposal be presented to the Finance Committee or City Council. Mayor Wilson asked that the franchise agreement be provided to the Finance Committee for review. The Council’s vote was 5-0 in support of the motion. Mayor Wilson thanked WM for their service to the City.

Public Hearing – Appeal of Planning Commission Resolution No. 15-05, LUP-03-500-032 & AR-03-200-110; Approving the Country Club 76 Car Wash Land Use Permit and Architectural Review Proposal; 8998 Alcosta Boulevard

The report was presented by Debbie Chamberlain, Planning Services Manager. She provided a history of development in the area and noted that the gas station, approved in 1962, operated a car wash from 1963 until the 1970’s. She reviewed the physical layout and detailed the car wash operation. Concerns raised at the Planning Commission (PC) hearings included noise, loitering, air quality impacts, decreased property values and safety hazards. The PC approval required a 1- and 3-month post construction noise study, steel bollards between the fences, no operation on the seven major holidays and reduced hours of operation. The application was initially denied by the PC on September 20, 2005; reconsidered at its October 4, 2005 meeting and approved at the October 18, 2005 meeting. Mayor Wilson requested an explanation of the PC’s actions.

Ms. Chamberlain summarized the appeal issues which are: increased noise; environmental impact; days of operation; affect on property values; the application being denied at the September 20, 2005 PC meeting; and incompatible with neighboring uses.

Charles Davidson told the Council that he is a civic minded entrepreneur in the community. His station provides a needed service in the community. He plans to utilize the car wash to subsidize the price of his gasoline. He noted that gas is less expensive at facilities with a car wash. He informed the Council that he has been working on this project for three years and in the process has made many modifications and concessions. He has offered to modify the system to meet existing noise requirements, put doors on the entrance and exit to decrease the noise, install internal dryers that operate when the doors are closed, offered to install a redwood fence, place bollards for the neighbors’ safety, decrease the hours of operation, close on holidays, post a sign regarding noise, etc. He asked the Council what else he can do. In spite of the delays he stated that he is still willing to proceed with the project. The facility is designed for 3 blowers for maximum efficiency but he would decrease that number to two to appease the neighbors.

Vice Mayor Livingstone asked if he is willing to accept the conditions imposed by the PC. Mr. Davidson responded that he is. His gasoline sales are down 50% as a result of the change in geography and the approval of the nearby Chevron station. He added that the facility will reclaim 80% of the water which it uses.

James Silva lives behind the car wash. He described his plans to use his backyard. He said that he bought the house to put in a garden. He added that the noise problem is currently bad and the car wash will make it worse. He noted that the noise from the equipment is listed as 57 decibels which is an average figure. During operation, there will be peaks above that figure. He requested a peak noise study figure which was not provided to him. He said that the dryer mechanism travels within 32’ of his fence. He expressed concern about the method for measuring the noise. He reported that there is an existing noise problem from the customers at the 7-11 store. He is concerned about people who smoke and throw cigarette butts over the fence. He does not think that a sign will deter those creating excessive noise. He spoke with the manager of a Chevron station with a comparable system. The manager stated that the noise from the car wash will be greater than what has been presented. Mr. Silva asked the Council to reject this design. If that is not possible, he requested that the Council place conditions on the use permit limiting the peak, not average, noise to 60 decibels and requiring two attendants to be on duty when the car wash is operating. He emphasized his right to a quiet back yard where his children can play safely.

Cm. Hudson asked for the location of Mr. Silva’s house. It is located between the 7-11 and the gas station. Cm. Rowley asked why the neighbors requested a wooden fence. Mr. Silva said he did not remember the neighbors expressing a fence preference. He added that a member of the PC thought that noise bounced off a cinder block fence. Mr. Davidson offered to install a redwood fence from the gas station to the 7-11. Mayor Wilson asked for his fence preference. Mr. Silva stated that he preferred an eight foot concrete wall which would hide the car wash.

Mayor Wilson opened the public comment.

Dave Cerutti spoke as a representative of the car wash manufacturer. Cm. Hudson asked for an explanation of the noise reading process. Mr. Cerutti said that a noise acoustic company did a study on several sites. He believes that the noise issue has been adequately addressed. Readings are taken just outside the doors. The dryer performs at 84 decibels and typically operates for 30 seconds per car with the doors closed.

Bryan Finn expressed concern about the space available for cars to turn into the car wash, the noise, car fumes while cars idle, safety, loud car radios, noise from the car vacuum, and noise from the car wash operation. An examination of comparable operations reveals that the noise is disturbing. He said that it is claustrophobic to sit in the car during the car wash with the outer doors closed. He said that this is a case of risk and reward. The station owner is taking a huge financial risk and will have the opportunity for a reward. The home owners are taking a risk to their peace and quiet without any compensation. He added that this will create a significant disturbance for his family.

Randy Pridham expressed appreciation or the Council’s time. He stated that he has lived in his home for 16 years and that it is a great neighborhood. His fence did catch fire as a result of cigarette butts. He added that some of the 7-11 patrons urinate on the fence and buildings, make noise and use foul language. He said that one of the PC members made the comment that "We all have little inconveniences in life". He said that Mr. Davidson never talked with the neighbors to discuss his plans. He stated that he disagrees with Cm. Hudson and Vice Mayor Livingstone’s statements that you can mix commercial with residential. He asked the Council to deny the project.

Mayor Wilson apologized for the PC's callous remark.

Madison Hansen expressed her support for the project with conditions. She has known Mr. Davidson for two years. She believes that he will adhere to the conditions of approval. She added that the project will be a significant aesthetic improvement to the intersection which deserves the Council’s support.

Pamela Smith, co-owner of the station, said that they have expended considerable time and money on this project. She is concerned about maintaining the business. She expressed exasperation with the neighbors. She pointed out that the gas station can not control the customers at the 7-11.

Mayor Wilson closed the public comment.

The City Clerk read a letter from John Lonergan stating his opposition to the car wash.

Vice Mayor Livingstone asked for an interpretation of the noise readings and if Mr. Davidson had spoken with the neighbors. Mr. Davidson responded that he invited the neighbors to a public forum at the gas station per the Planning Department’s suggestion. The noise readings are taken at the beginning and end of the cycle. The noise level is measured with the doors down. Without the doors, the noise exceeds the City’s limits. He changed the system design in order to meet the City’s noise requirements. This included changing the dryers. The car wash equipment moves around the car including the dryers. He acknowledged that the noise reading was not an actual on-site reading and so he agreed to do a post construction noise study. He said that if the noise exceeds the guidelines, the car wash will be shut down and the system modified to achieve the noise requirement. He pointed out that the system he plans to install is not the same system as the one which one of the speakers described.

Cm. Perkins asked about the vehicle noise and the availability of an employee to address that situation. Mr. Davidson responded that he will have staff available six days a week. If the cashier identifies a problem, she will send either a male cashier or the mechanic to remedy the situation. He is also willing to install signs. He added that neighbors are upset with the 7-11 store and not with the car wash. He offered to eliminate the area on his property which has been used for parking by 7-11 patrons. Cm. Perkins asked about the cost of an on-site sound survey. Mr. Davidson estimated $150 per hour.

Cm. Rowley asked if there was sufficient space for the cars to drive through the car wash. Mr. Davidson replied that the site meets the turning radius established by the City. Cm. Rowley asked the distance from the cars to the neighbors. Mr. Davidson estimated that it is two feet from the existing fence to the crest of the turn. He explained that the car wash operates electronically. The patron pays for a car wash. The cashier enters a code, the doors open and the car enters. Once the system registers that the car is inside, the doors close and then open automatically. Cm. Rowley asked for an explanation of the bollards with the wooden fence. Mr. Davidson replied that he offered to put up a second wooden fence because wood absorbs sound and is more aesthetic. The bollards are placed between the fences. He offered to erect either wall option at either the six or eight foot level. If a wooden fence is installed, he suggested an eight foot fence with a lattice top. Mr. Davison said that he has owned the station since 2000 and provided car wash fund raisers for the local schools until the initiation of water reclamation restrictions. He is interested in sponsoring them in the future.

Vice Mayor Livingstone noted that there are three references to an eight foot wall in the documents. He commented that Mr. Davidson has exceeded the norm in appeasing his neighbors. He stated his intent to uphold the PC decision.

Cm. Hudson stated that, although the neighbors do not want this project in their backyards, Mr. Davidson has a right to expand his business. He noted that the noise level will meet the 65 decibel commercial maximum. San Ramon allows the noise to peak at 70 decibels for no more than five minutes per hour. He noted that the proposed hours of operation are more restrictive than other car washes in San Ramon. He supports the PC’s conditions of approval and said that the noise level necessitates mitigation not denial of the project. He expressed his support of the PC’s decision.

Cm. Perkins stated that the number of gas stations in the United States is declining monthly due to additional regulations. He said that competition is needed to keep prices from rising. Businessmen should have the opportunity to spread their costs over more products to be more competitive. He said that the City needs to help the business man and still be a good neighbor. If there are noise problems, he suggested that the residents contact the Police Department who will cite individuals if needed. Mr. Davidson should not be responsible to remedy the problems with the adjacent 7-11. He commended Mr. Davidson for his willingness to build the fence on the entire property line and that he continues to operate his business in a responsible way.

Cm. Rowley said that it is important for the neighbors to feel safe and for the children to have a place to play. She encouraged both parties to continue working together and to alert the Police Department of potential problems at the 7-11. She expressed the desire to be responsive to Dublin residents. She thanked those who participated.

Vice Mayor Livingstone discussed the sound wall. He suggested that an eight foot concrete block wall would best service the neighbor’s concerns. He asked City staff to investigate the efficacy of wood versus concrete as a sound barrier.

Mayor Wilson said that the Council cares about residents and families. He proposed that it may be the 7-11 store and not the gas station creating the problem. He requested that an eight foot wall be installed to minimize Mr. Silva’s visual impact.

Cm. Perkins moved that the Council deny the appeal and accept the PC’s conditions of approval with three changes: (1) item #27 – change from "At the end of the first year of operation" to "After a minimum of one year of operation", the applicant may return to the PC to request additional hours of operation; (2) delete item #29 which requires the second noise survey as this is a redundant unwarranted cost; and (3) add the following sentence to the end item #33 "In no event, shall the car wash reopen for commercial operation until the "normally acceptable" noise level is achieved."

Cm. Hudson seconded the motion.

Mayor Wilson requested that the motion be amended to include an eight foot wooden fence. Vice Mayor Livingstone requested that staff evaluate fencing materials. Planning Director Phil Wong reported that the Planning Department does not have any factual information that indicates that the noise would travel around the fence or that vibrations bounce off. He suggested that an eight foot concrete wall be erected as requested by the residents. Cm. Hudson noted that the City ordinance limits a wall to six feet in height. He added that the problem is one of visual aesthetics and not noise and that the applicant is within the noise range requirements. Cm. Perkins amended the motion to require an eight foot wood fence. Cm. Hudson seconded the motion. The Council vote was 5-0 and the motion passed.

City Manager Herb Moniz asked the Council to discuss the December 27, 2005 meeting. He added that, at this point, it is not necessary to be held. Mayor Wilson stated that if there is a need, the Council can convene on December 27, 2005. Cm. Rowley noted that she will be out of town. Mayor Wilson wished everyone a Merry Christmas.

Cm. Hudson’s motion to cancel the December 27, 2005 meeting unless the Mayor deems it necessary was seconded by Vice Mayor Livingstone and passed 5-0.

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Cm. Rowley encourages residents to take advantage of the great City events including the Holiday at Forest Home Farms, Snow Cat at the Community Center, great jazz group, and the Toy Shoppe at the Dougherty Station Community Station. Kudos to staff.

Mayor Wilson asked residents to check the City web site for holiday activities. He reported that the annual Bishop Ranch tree lighting was fantastic in spite of the inclement weather. He wished everyone a happy holiday season.

Cm. Perkins congratulated the midshipmen of the Naval Academy for winning their third consecutive Commander-in-Chiefs trophy against Army and hoped that they will play in their third consecutive bowl game in San Diego on December 22, 2005.

There being no further business, Mayor Wilson adjourned the meeting at 11:08 p.m.

Signed:
H. Abram Wilson, Mayor
Patricia Edwards, City Clerk

Approved at the January 10, 2006 City Council meeting, 5-0.