MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held January 22, 2008 at 6:15 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Vice Mayor Livingstone presiding.

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

ABSENT: Mayor Wilson.

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Acting Police Chief Joe Gorton, Parks and Community Services Director Jeff Eorio, Transportation Division Manager Lisa Bobadilla, Economic Development Director Marc Fontes, Transportation Analyst Darlene Amaral, Planning Services Manager Debbie Chamberlain, Transportation Specialist PJ Dhoot, and City Clerk Patricia Edwards.

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At 6:15 p.m., the Council met in Closed Session pursuant to Government Code § 54957 for City Council to meet with its Labor negotiators, Jeff Eorio, Greg Rogers, Cheryl Mitchell-Wade – SEIU Local 790.

At 7:05 p.m., Vice Mayor Livingstone reconvened the meeting. All Councilmembers were in attendance. Vice Mayor Livingstone reported that no action was taken by the City Council.

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Alex Cole, Mathew De La Gardie, Avinash Jois, Michael Lefkowitz, James Martinez, Ethan Smith, and Samuel Tarasow, members of Cub Scout Pack 995 from Hidden Hills Elementary School led the staff and the audience in the pledge of allegiance.

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

Vice Mayor Livingstone asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The City Clerk stated that the Southwest Area Transportation Committee meeting scheduled for February 4, 2008 will be held at 3:00 p.m. in Lafayette.

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Vice Mayor Livingstone presented a proclamation to Judy Macfarlane, Charter President, and Cindy Alpert, Chapter President, recognizing the 25^th anniversary of the San Ramon Branch of the American Association for University Women (AAUW). Ms. Macfarlane stated that 25 years ago was an exciting time to live and work in San Ramon as the City was incorporating and the San Ramon Branch of AAUW was chartered. She thanked the Council for this recognition. Ms. Alpert also thanked the Council on behalf of the AAUW membership for recognizing the organization’s accomplishments.

Parks and Community Services Director Jeff Eorio recognized the importance of the contributions from Patrick David’s Catering, Kendall Jackson Wines, Shapell Homes, and Windemere BLC for sponsoring the Dougherty Valley Performing Arts (DVPAC) Center Grand Opening. Mr. Truebridge stated his appreciation of the recognition. Mr. Olin commented that DVPAC is an outstanding facility and expressed his appreciation for the recognition. Ms. Schoolcraft stated that she continues to look forward to working with San Ramon and being part of the community. She announced the opening of the Patrick David’s Event Center in San Ramon on February 14, 2008. Vice Mayor Livingstone presented them with a framed event program and thanked them for their sponsorship.

Parks and Community Services Director Jeff Eorio thanked each of the City employees for their individual contributions as part of the team working to ensure the success of the DVPAC Grand Opening. Vice Mayor Livingstone presented each employee with a certificate. He thanked Mr. Eorio and City staff for an outstanding event.

City Attorney Byron Athan introduced Alicia Poon. She graduated from UC Davis and UC Santa Clara and is a member of the California and Hawaii Bar Associations. Vice Mayor Livingstone presented her with a City pin and welcomed her to San Ramon. Ms. Poon thanked the Council and said that she was honored to join the City staff. She looks forward to the opportunity to make a positive difference in the community.

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Transportation Division Manager Lisa Bobadilla provided the report. She noted that the primary purpose of the Central Contra Costa Transit Authority (CCCTA) Accessible Services Committee (ASC) is to review, analyze and advise on issues and policies related to accessible services and to communicate concerns, problems, satisfaction and/or successes of accessible services to the CCCTA Board of Directors. Mr. Phil Reed has represented the City of San Ramon on the ASC since 1998.

Cm. Hudson’s motion to appoint Phil Reed to the ASC for a two-year term was seconded by Cm. Rowley and passed 4-0. Mayor Wilson was absent.

Economic Development Director Marc Fontes gave the report. He stated that the San Ramon Chamber of Commerce requested that Laurie Dennen be appointed as the Chamber’s representative. The City Clerk provided ballot procedure information. Deputy City Clerk Renee Beck assisted with ballot tabulation. Vice Mayor Livingstone announced that Chad Johnson, John Mills, Devon Powers, and Eric Wallis were selected to fill the member-at-large vacancies.

Cm. Hudson’s motion to appoint Chad Johnson, John Mills, Devon Powers, and Eric Wallis to the Economic Development Advisory Committee for terms to run through January 2010 and to appoint Laurie Dennen as the Chamber of Commerce’s representative for a term to run through January 2010 was seconded by Cm. Perkins and passed 4-0. Mayor Wilson was absent. Cm. Perkins requested that the City Clerk continue to advertise for the Redevelopment Area Property Owner vacancy.

Transportation Division Manager Lisa Bobadilla provided the staff report. Applications were received from incumbents Harvey Riggs and Gordon Kimber.

Cm. Hudson’s motion to appoint Gordon Kimber and Harvey Riggs to the Transportation Advisory Committee for a two year term to expire January 2010 was seconded by Cm. Rowley and passed 4-0. Mayor Wilson was absent. Cm. Hudson requested that the City Clerk continue to advertise for the remaining vacancy. Vice Mayor Livingstone thanked Mr. Riggs and Mr. Kimber for their many years of service and for the outstanding job which they have done.

The staff report was given by Transportation Analyst Darlene Amaral. Applications were received from Sandy Austin and incumbents, Scott Hulse and Marci McGuire.

Cm. Hudson’s motion to appoint Scott Hulse and Marci McGuire to the Transportation Demand Management Advisory Committee for terms to expire in January 2010 and to appoint Sandy Austin for a term to expire in January 2009 was seconded by Cm. Perkins and passed 4-0. Mayor Wilson was absent.

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The City Clerk noted that there were no requests for public comment.

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Cm. Perkins’ motion to approve the January 8, 2008 minutes with the corrections noted by Cm. Perkins was seconded by Cm. Hudson and passed 4-0. Mayor Wilson was absent.

Cm. Perkins’ motion to approve the January 15, 2008 minutes was seconded by Cm. Rowley and passed 3-0. Cm. Hudson abstained. Mayor Wilson was absent.

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Items 8.5 and 8.16 were pulled for public comment.Cm. Hudson requested that items 8.3 and 8.4 be pulled for a separate vote.

(#8.6) Accept the Work by G. Bortolotto & Company, Inc. for Construction of the Annual Pavement Repair Stop Gap Project (CIP 5469) as Complete and Authorize the City Clerk to File a Notice of Completion with the County Recorder's Office.

(#8.7) Resolution 2008-07 – Authorizing the Mayor to Execute an Administering Agency - State Master Agreement No. 04-5437R for Federal-Aid Transportation Projects.

(#8.8) Resolution No. 2008-08 – Authorizing the Mayor to Execute Program Supplement Agreement No. N007 to Administering Agency-State Agreement No. 04-5437R with the State of California for Preliminary Engineering, Construction and Construction Engineering for the San Ramon Valley Boulevard/Montevideo Drive Left Turn Lane Extension Project (CIP 5497) and San Ramon Valley Boulevard Northbound Refuge Lane Installation Project (CIP 5500), Federal Aid Project No. HSIP-5437(016).

(#8.9) Resolution No. 2008-09 – Approving the Silva Property Annexation Engineer’s Report for Geologic Hazard Abatement District No. 1990-01 (GHAD), Accepting the Petition by Windemere BLC Land Company to Annex the Silva Property into GHAD, Declaring the GHAD’s Intention to Conduct Property Owner Assessment Ballot Proceedings, and Setting a Public Hearing for March 11, 2008.

(#8.10) Resolution No. 2008-10 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in Subdivision 8151 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.11) Resolution 2008-05 – Accepting Certain Roadway and Drainage Improvements in Subdivision 7961 as Complete, Accepting Certain Public Utility Easements, Releasing the Project Surety and Accepting a One Year Warranty Bond (Lennar Greystone Ranch 2).

(#8.12) Resolution No. 2008-11 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in Subdivision 8712 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.13) Resolution No. 2008-13 – Authorizing the Mayor to Execute Amendment No. 1 with Alcal-Arcade Contracting, Inc. to provide for Roof Repair Services (CIP 5433) at the San Ramon Library and Dougherty Station Community Center in an Amount not to Exceed $20,000 for a Total Agreement Amount not to Exceed $68,418.

(#8.14) Resolution No. 2008-14 – Authorizing the Mayor to Execute an Agreement with Francisco & Associates, Inc. for Landscape and Lighting District Consulting Services in an Agreement Amount not to Exceed $24,161 and a Citywide Combined Public Services and Planning Services Agreement Amount not to Exceed $109,161.

(#8.15) Resolution 2008-15 – Repealing Resolution No. 2006-01; Adopting by Reference Sections 18702.5 and 18730 of Title 2 of the California Code of Regulations Pertaining to Conflict of Interests; and Designating Positions and Disclosure Category for Fair Political Practices Commission Form 700 Filers.

(#8.17A) Resolution No. 2008-17 – Approving the 2008 City Council Liaison Appointments to Area Wide and State Wide Committees, City Committees, Council Committees, and Other Agencies.

(#8.17B) Resolution No. 2008-18 – Approving the 2008 City Council Appointments to the Central Contra Costa Transit Authority.

(#8.17C) Resolution No. 2008-19 – Approving the 2008 City Council Appointments to the Southwest Area Transportation Committee.

(#8.17D) Resolution No. 2008-20 – Approving the 2008 City Council Appointments to the Tri-Valley Transportation Council.

Cm. Perkins’ motion to adopt consent calendar items 8.1, 8.2, 8.6 through 8.15 and 8.17 was seconded by Cm. Hudson and passed 4-0. Cm. Wilson was absent.

(#8.3) Adoption of Ordinance No. 400 – Approving Development Agreement Amendment (DA 07-850-001) – Third Amendment to That Portion of the Chevron Park Annexation and Development Agreement By and Between Sunset Building Company, LLC and the City of San Ramon Assigned To and Assumed by Sunset Building Company, LLC Relative to the City Center Project.

(#8.4) Adoption of Ordinance No. 401 – Approving Development Agreement Amendment DA 07-850-002 – Fifth Amendment to the Annexation and Development Agreement By and Between the City of San Ramon and Sunset Development Company, Granada Sales, Inc., SDC 7, Annabel Investment Company, Sunset Land Company, LLC, Sunset Building Company, LLC and Alexander Properties Company Relative to the Development Known as Bishop Ranch.

Cm. Hudson made a motion to adopt Ordinances No. 400 and No. 401.

Cm. Perkins commented on City Center project issues raised in a Letter to the Editor which appeared in the San Ramon Valley Times including Chevron’s involvement, the availability of Project finances, traffic mitigation, the need for a library and movie theatre, and coordination of the Project with Sunset Development. The Council will look very carefully at this deal and ensure that all parties are served well.

Cm. Hudson rescinded his motion. He requested that Public Comment be opened on items 8.3 and 8.4. Vice Mayor Livingstone opened the public hearing.

Alex Mehran, President of Sunset Development, reported that a lawsuit was filed against San Ramon claiming California Environmental Quality Act (CEQA) violations. He stated that the best consultants were hired to prepare the Environmental Impact Report to comply with CEQA. The consequences of this lawsuit by a few citizens was to foil the intentions of the elected officials, deny citizens the early access to a top quality retail downtown experience, delay the fiscal benefits to the City, delay access to a first class library and City Hall, deny homeowners the increased value to their homes as a result of this Project. He promised to commit to stop the insidious practice of a small group of individuals delaying projects in San Ramon for their personal satisfaction.

Cm. Rowley reported that the City Center’s environmental consultant, Michael Brandman Associates, received an award from the Environmental Business Journal for their work on the Subsequent EIR (SEIR). The SEIR was also nominated Outstanding Environmental Analysis Document by the Association of Environmental Planners.

Vice Mayor Livingstone closed the public hearing.

Cm. Hudson’s motion to adopt Ordinance No. 400 was seconded by Cm. Perkins and passed 4-0. Mayor Wilson was absent.

Vice Mayor Livingstone opened the public hearing for item 8.4. There were no requests to address this item. Vice Mayor Livingstone closed the public hearing.

Cm. Hudson’s motion to adopt Ordinance No. 401 was seconded by Cm. Perkins and passed 4-0. Mayor Wilson was absent.

(#8.5) Adoption of Ordinance No. 402 – Amending Division D3, Site Planning and Project Design Standards; and Section D8-2, Definitions of Specialized Terms and Phrases of Chapter I, Definitions of Division D8, Glossary of Title D, Zoning of the Municipal Code of the City of San Ramon to Permit and Regulate Portable Outdoor Storage Units.

Planning Services Manager Debbie Chamberlain provided the report. She discussed the number of days that a storage unit can remain on residential property. Public outreach included an ad in the San Ramon Valley Times, notification to homeowners associations, property manager companies, and storage container companies.

Cm. Rowley questioned the maximum days allowed for the portable storage units during a home remodel. Ms. Chamberlain responded that the Ordinance allows five days at one time with a maximum of ten days per year.

Vice Mayor Livingstone opened the public comments.

Jeanne Grimes, resident, stated that there may be occasions when more time is needed. Cm. Perkins asked Ms. Grimes what she would recommend. Ms. Grimes said she has not used a portable storage unit but added that a longer extension is reasonable.

David Glynn, representing PODS, supports some portions of the Ordinance. He noted that the storage units are typically in place for 30-45 days. His company has the software to track the time and can customize the program for San Ramon’s requirements.

Cm. Hudson noted that the storage units are used for many things. Mr. Glynn responded that the units are not intended to be used as a dumpster. The units can be taken to a warehouse for safe storage if their use extends beyond the number of allowed days.

Phil Bondi, resident, requested that the Council remove this item for later submission. He

stated that the time period for the storage units should be a minimum of 30 days with a provision that the City consider extensions for extraordinary circumstances.

Nigel Winsor, resident, stated that a reasonable time for a remodel is 30 days. He supported the provision that an extension be considered for unexpected situations.

Vice Mayor Livingstone closed the public comments.

Cm. Hudson asked Reggie Meigs, the City’s Chief Building Official, if the Building Department has the ability to make extensions. Mr. Meigs responded building permits can be extended but this Ordinance is part of the Zoning Ordinance. Cm. Hudson concluded that the City should be able to make reasonable accommodations. The storage units should not be used as an extension of the garage.

In order to incorporate these changes, Ms. Chamberlain proposed that staff modify the Ordinance and reintroduce it on February 12, 2008 for Council consideration.

Vice Mayor Livingstone asked how many remodels are completed in 30 days. Mr. Meigs responded very few and that the Ordinance was not written to address this issue.

Cm. Rowley’s motion to continue the Ordinance to the February 12, 2008 meeting was seconded by Cm. Hudson.

Cm. Perkins stated that it is reasonable to extend the time limit to 20 days with a 40 day maximum to complete projects but not for use as additional garage space. An application for special circumstances could be reviewed by the Zoning Administrator. Vice Mayor Livingstone stated that there is justification for the time extension.

City Attorney Byron Athan noted that the Planning Commission does not need to review the Ordinance if they have already discussed the timing issue. Ms. Chamberlain stated that the Commission had discussed this issue.

Cm. Rowley supported the review of extension requests by the Zoning Administrator.

The Council vote on Cm. Rowley’s motion was 4-0. Mayor Wilson was absent.

(8.16) Resolution No. 2008-16 – Authorizing the Mayor to Execute an Agreement with Keyser Marston Associates for Consulting Services for the Period January 23, 2008 through June 30, 2008 in an Amount not to Exceed $75,000.

Economic Development Director Marc Fontes provided the report.

Vice Mayor Livingstone opened the public comment.

Roz Rogoff, resident, questioned the purpose of the contract and asked if Keyser Marston Associates (KMA) will be the company which will audit the City Center Project.

City Manager Herb Moniz responded that KMA and other financial analysts have worked with the City to provide preliminary financial estimates on the City Center Project. KMA also advises the City on Redevelopment Agency and Economic Development issues.

Cm. Hudson’s motion to adopt Resolution No. 2008-16 was seconded by Cm. Perkins and passed 4-0. Mayor Wilson was absent.

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Planning Services Manager Debbie Chamberlain provided the report. On January 8, 2008, the Council directed staff to modify the proposed Ordinance to include a non-fee on-line self registration and that garage sale signs shall be no larger than six square feet in size and a maximum three feet in height or width. The main focus of an enforcement standpoint is the removal of signs from the public right of way. The proposed on-line registration requirement could be difficult to administer and staff recommends that the language regarding registration be more general in nature to state that the conduct of garage sales shall require registration with the Planning Services Division.

Cm. Perkins’ motion to introduce the Ordinance, waive the reading and conduct the public hearing was seconded by Cm. Hudson and passed 4-0. Mayor Wilson was absent.

Vice Mayor Livingstone opened the public hearing.

Jeanne Grimes, resident, stated that it is unclear what is being proposed. Signs are essential to the success of the sale. She agreed with the provisions for putting up and removing the signs. She questioned the need for a mandatory registration system.

Roz Rogoff, resident, said that it was unreasonable to remove the signs daily and that they should remain in place between sale days.

Vice Mayor Livingstone closed the public hearing.

Cm. Hudson stated that the issue is to get conformity. Signs should not be placed on light poles or in the right of way. The requirements for garage sale signs are similar to those required for real estate and political candidate signs.

Cm. Perkins requested that staff include that registration to be accepted by email in addition to fax, phone, walk-ins and on-line registration in the future. He suggested that all registered garage sales be listed on the City web site for the convenience of shoppers. Signs should not be placed on light poles, traffic lights, city owned property or sidewalks.

Some people conduct a pseudo business out of their home by calling it a garage sale.

The City allows the operation of businesses in the home provided that customers or employees do not come to the home.

Cm. Rowley remarked that there are many registration options available to residents.

Cm. Hudson added that realtors sometimes operate neighborhood multi-garage sales.

Ms. Grimes concurred that signs should not be placed on light poles or sidewalks but could be placed on private property landscaping with the owner’s permission.

Cm. Hudson’s motion to continue the item to February 12, 2008 was seconded by Cm. Rowley and passed 4-0. Mayor Wilson was absent.

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Transportation Specialist PJ Dhoot reviewed the history of permit parking in San Ramon. She summarized the history of the Permit Parking request for Rutland Court including the petition, the Transportation Advisory Committee (TAC) meetings and public hearings, and reviewed the issues and concerns. Staff recommends approval of the Rutland Court Permit Parking extension.

Vice Mayor Livingstone asked how many citations were given on Weymouth Court. Ms. Dhoot responded that the information was not immediately available but that the extended parking permit program is working very well and that the residents are pleased.

Vice Mayor Livingstone opened the public hearing.

Nigel Winsor, resident, stated his support for the restriction. He expressed concern for children’s safety especially when they are picked up after school.

Vice Mayor Livingstone closed the public hearing.

Cm. Hudson stated that the conditions on Rutland Court mirror those of Weymouth Court and he supports a 7:00 a.m. to 7:00 p.m., seven day a week restriction.

Cm. Rowley complimented staff and the residents for working together for a solution.

Vice Mayor Livingstone stated that it was important that 100% of the Rutland Court residents support this restriction.

Cm. Perkins’ motion, directing staff to prepare a resolution approving the parking permit

extension on Rutland Court from 7:00 am to 7:00 p.m., seven days a week, was seconded by Cm. Hudson and passed 4-0. Mayor Wilson was absent.

(#10.2) Resolution 2008-21 – Rescinding Resolution No. 2000-10 and Authorizing Compensation for the Parks and Community Services and the Planning Commissioners.

The staff report was given by Herb Moniz, City Manager.

Vice Mayor Livingstone opened the public hearing.

Roz Rogoff, resident, asked if $100 per meeting was enough for the Planning Commission. She asked the Council to consider compensation for the Parks Commission subcommittee members. She supports a raise but not a specific amount.

Vice Mayor Livingstone closed the public hearing.

Cm. Hudson proposed that the Parks Commissioners receive $100 per regular meeting and $75 for subcommittee meetings. Cm. Rowley stated that the Parks Commissioners usually have only one meeting per month and typically consolidate regular and subcommittee meetings. She recommended $100 per month. Cm. Hudson concurred.

Cm. Perkins’ motion to rescind Resolution No. 2000-10 and establish a stipend of $100 per meeting with a maximum of $200 per month for San Ramon Planning Commissioners and a stipend of $100 per meeting with a maximum of $100 per month for San Ramon Parks and Community Services Commissioners, including the student member, was seconded by Cm. Hudson and passed 4-0. Mayor Wilson was absent.

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City Manager Herb Moniz had no comment.

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Cm. Hudson stated that the City will probably face a lawsuit regarding the City Center but that the Councilmembers will proceed with their promise to San Ramon citizens to deliver a City Center. He added that it is his responsibility to shepherd the City Center through the process and get it done. He stated that the EIR is specific.

Cm. Hudson reminded the Council that only three entities in the county hold odd-year elections. He asked the Council to look at even-year elections and consider extending the current terms of Councilmembers. He asked for the Council’s concurrence to refer the item to the Policy Committee.

Cm. Perkins’ motion to recommend that the Policy Committee look at even year elections was seconded by Vice Mayor Livingstone and passed 4-0. Mayor Wilson was absent.

Cm. Rowley invited residents to attend the annual concert presented by Chi Nguyen on February 10, 2008 at Amador Theater in Pleasanton. Concert proceeds will be used for college scholarships and to support an orphanage for the street children in Viet Nam.

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Vice Mayor Livingstone congratulated the San Ramon Chamber of Commerce’s 2008 Community Award Winners: Dennis Garrison (ClubSport of San Ramon), Lifetime achievement Award; Rob Kessler (SRVUSD Superintendent), Educator of the Year; Andrea Scott (ClubSport of San Ramon), Employee of the Year; Uri Eliahu (Engeo), Business Person of the Year; and Jean Ohman (Forest Home Farms), Citizen of the Year. He reminded residents to attend the San Ramon Historic Foundation annual All You Can Eat Crab Feed scheduled for February 9, 2008 at the Dougherty Station Community Center. He invited citizens to enjoy "Late Night Catechism" at the Dougherty Valley Performing Arts Center on January 27, 2008. He reminded residents that the deadline to request a mail-in ballot is January 29, 2008. He noted that Contra Costa County is in need of voter inspectors and clerks for the February 5, 2008 election and asked residents to contact the County Elections Office if they were available to work. On a personal note, he expressed his appreciation to City staff and San Ramon residents for the wonderful support extended to him after the death of his wife, Barbara.

Cm. Rowley requested that the meeting be adjourned in memory of Barbara Livingstone.

At 9:25 p.m., there being no further business, Vice Mayor Livingstone adjourned the meeting.

Approved at the February 12, 2008 City Council meeting 4-0, Wilson abstain.