A regular meeting of the City Council of the City of San Ramon was held February 12, 2008 at 7:08 p.m. in the San Ramon Community Center, 12501 Alcosta Boulevard, Mayor Wilson presiding.

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

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Acting Police Chief Joe Gorton, Engineering Services Director Joye Fukuda, Finance Director Greg Rogers, Parks and Community Services Director Jeff Eorio, Chief Building Official Reggie Meigs, Planning Services Manager Debbie Chamberlain, Associate Planner Shinei Tsukamoto, and City Clerk Patricia Edwards.

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John Curlett, Tyler Dawson, Travis Edgren, Nicholas Friedel and Kyle Harris, members of Pack 882 Webelos from Bollinger Elementary School led the staff and the audience in the pledge of allegiance.

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

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The City Clerk stated that the City offices will be closed on February 18, 2008 for Presidents’ Day.

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Engineering Services Director Joye Fukuda introduced Michelle Sandusky who joined the City staff as an Associate Engineer. Ms. Sandusky previously worked for the San Ramon Valley Unified School District as the Construction Coordinator for the Dougherty Valley High School Project. She looks forward to helping the City on its projects.

Finance Director Greg Rogers introduced Penny McCreary. Ms McCreary worked for the City on a temporary basis and now will be working as an Office Technician in Central Services. Ms McCreary said that she is excited to be a permanent part of the City family.

Parks and Community Services Director Jeff Eorio introduced Christina Buna and Christi Toman. Ms. Toman is a returning employee and will be working as an Office Technician at the San Ramon Community Center. Ms. Toman said that she is proud to be working for San Ramon. Ms. Buna worked for the Parks Department as a temporary since 2006 and is now assigned to the San Ramon Aquatics Center as an Office Technician. Ms. Buna thanked the Council for the opportunity to work for the City.

Mayor Wilson presented each of the new employees with a City pin and welcomed them.

The City Clerk reported that Mr. Gonzalez was ill and unable to attend the meeting. The presentation will be rescheduled to February 26, 2008.

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City Clerk Patricia Edwards reported that Dick Vesperman’s appointment to the Board expired in January 2008. Mr. Vesperman has served in this capacity for 16 years. The City has noticed this vacancy in newspaper ads and on the City’s web page since June 2007. No applications have been received for this position. When contacted, Mr. Vesperman offered to serve for an additional six months.

Cm. Perkins’ motion to appoint Mr. Vesperman to the Board for a term to run through June 2008 was seconded by Cm. Hudson and passed 5-0. Vice Mayor Livingstone thanked Mr. Versperman for his extended service to the City on this Board.

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The City Clerk noted that there were three requests for public comment.

Dave Hayes, resident, reported that a house in his neighborhood is in a state of severe disrepair. He said that he has pursued the City’s Code Enforcement process and asked the Council to explore other options for action. Chief Building Official Reggie Meigs reported that this is an active case and that a title search has been conducted. He noted that the City is following the laws which relate to personal, private property. Mayor Wilson stated that he would provide updates to Mr. Hayes as they become available.

Jim Gibbon, resident, reported on the lawsuit which he has filed against the City regarding the City Center approval. The lawsuit alleges that there is a lack of mitigation of environmental issues primarily concerning site lines and traffic. The lawsuit requests: a reduction in building heights; creation of an internal bus route; traffic mitigation options; relocating City Hall and the Library or installing a Bollinger Canyon Road crossover; and green buildings. In lieu of the lawsuit, a referendum was started which will allow residents to vote on the project in November and to decide what they want. He stated that approximately 50% of the needed signatures have been collected.

Cm. Perkins stated that he is part of the negotiating team. Mayor Wilson noted that the City has negotiated in good faith. City Attorney Byron Athan stated that settlement discussions are, by law, confidential.

Roz Rogoff, resident, expressed concerns about the failing quality of TV30’s programming. Their programming is irregular. There needs to be better coverage for San Ramon. Mayor Wilson stated that the cities are working to correct the problem and expects resolution in the near future.

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Vice Mayor Livingstone’s motion to approve the January 22, 2008 minutes was seconded by Cm. Rowley and passed 4-0. Mayor Wilson abstained.

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The City Clerk noted that there was a request to address item 8.1.

(#8.2) Resolution No. 2008-22 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in RA 1135 (North Monarch Road) for Maintenance (Shapell Industries - Gallery at Gale Ranch).

(#8.3) Resolution No. 2008-23 – Accepting Certain Landscape Dedications and Certain Landscape Improvements Within Parcels D, F, and M of Subdivision 8684, Installed as Part of RA 1125 (South Wedgewood Road) for Maintenance (Shapell Industries – Renaissance at Gale Ranch).

(#8.4) Resolution No. 2008-24 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in RA 1125 (South Wedgewood Road) for Maintenance (Shapell Industries - Monarch at Gale Ranch).

(#8.5) Resolution No. 2008-25 – Accepting Certain Dedications and Certain Improvements Within Parcel G of Subdivision 8688, Installed as Part of Subdivision 8564 and Subdivision 8690, for Maintenance (Shapell Industries – Gallery at Gale Ranch).

(#8.6) Resolution No. 2008-26 – Accepting Certain Landscape Dedications and Certain Landscape Improvements in Subdivision 8690 for Maintenance (Shapell Industries – Gallery at Gale Ranch).

(#8.7) Resolution No. 2008-27 – Approving the Final Map for Subdivision 9201 (Deerwood Office Park) located at 111 Deerwood Road (The Deerwood Corporation).

(#8.8) Resolution No. 2008-28 – Repealing References in Resolution No. 86-24 to Rutland Court and Amending Rutland Court Permit Parking Area by Designating Rutland Court as Preferential Parking Area "N" and that Parking of Vehicles Without Valid Permit Issued Pursuant to Article 7, Chapter II, Division 9 of Title B of the San Ramon Municipal Code is Prohibited Between the Hours of 7:00 AM and 7:00 PM, Seven Days a Week.

(#8.9) Resolution No. 2008-29 – Authorizing the Mayor to Execute Amendment No. 1 with Contract Sweeping Services to Provide Street Sweeping Services for an Additional Year in an Annual Amount not to Exceed $75,728 for Amendment No. 1 and a Total Agreement Amount not to Exceed $125,228.

(#8.10) Resolution No. 2008-30 – Implementing Market Adjustments to the City's Pay-For-Performance Compensation Plan.

(#8.11) Resolution No. 2008-31 – Authorizing the Mayor to Execute Amendment No. 2 to an Existing Agreement with Clark Pest Control to Renew the Agreement for One Year for Providing Pest Control Services in an Annual Amount not to Exceed $12,502 and a Cumulative Agreement Total not to Exceed $70,000 and Authorizing Staff to Invoke Amendments for all Subsequent Renewals, Increases in Scope and/or Funds in a Total Agreement Length not to Exceed Five Years.

Cm. Hudson’s motion to adopt consent calendar items 8.2 through 8.11 was seconded by Vice Mayor Livingstone and passed 5-0.

(#8.1) Adoption of Ordinance No. 403 – Amending Chapter IV, Sign of Division D3, Site Planning and Project Design Standards; and Division D6, Planning Permit Procedures; 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 Regulate Reader Board Signs, Garage Sale Signs, and the Conduct of Garage Sales.

Planning Services Manager Debbie Chamberlain summarized the report. The primary focus of the Ordinance is the regulation of garage sale signs. The Planning Department is developing a registration system including online, fax, phone and walk-in options. Cm. Perkins asked if residents could register by e-mail. Ms. Chamberlain responded yes.

Mayor Wilson opened the item for public comment.

Jeanne Grimes, resident, stated that several components of the Ordinance are unreasonable. She took exception to: limiting the number of signs; timing of signs; limiting the information on the sign; limiting the days and number of garage sales per year; and the required registration. Mayor Wilson asked Ms. Grimes what would be a reasonable number of garage sales per year. Ms. Grimes replied that this is a concern but not an issue which needs to be regulated. Mayor Wilson noted that residents have complained and this Ordinance is in response to residents’, not Council’s, concerns.

Cm. Hudson noted that sign restrictions also apply to real estate signs. A problem is created when garage sale, open house, and new home signs compete for attention. He disagreed with Ms. Grimes’ comments on sign content. He suggested that residents obtain a temporary use permit if they want to hold more than three garage sales per year. He suggested that residents take advantage of neighborhood garage sales. Ms. Grimes stated that it is not profitable to schedule a private garage sale concurrent with a neighborhood garage sale. Cm. Rowley suggested that residents combine garage sales with a neighbor so that they did not exceed their quota. Ms. Grimes suggested a limit of six sales per year. Cm. Hudson emphasized that three garage sales per year are permitted and exempted from a temporary use permit. He questioned at what point people conduct a business rather than a sale out of their garage. He noted that the Ordinance can be revised if it does not work for residents. Ms. Grimes emphasized her concern regarding the number of signs rather than the number of sales as signage is important for a sale’s success. Cm. Hudson said that a garage sale should be successful using four signs.

Cm. Perkins supports leaving signs overnight between day one and day two of the sale. He stated that the addition of more information on the signs may distract drivers. He believes that three garage sales per year is sufficient. He supports the registration requirement as this will assist in advertising the sales and code enforcement. He stated that there is a clear difference between garage sales which allow customers to come to homes and the Home Occupation Permit which does not allow customers to come to homes. He added that the Council is trying to protect all of the citizens.

Cm. Rowley asked if information on the items for sale could be included in the registration. Ms. Chamberlain responded yes.

Cm. Hudson emphasized the need to establish a limit on the number of signs. He stated that signs should be taken down at night.

Cm. Perkins made a motion to adopt Ordinance 403 with an amendment to allow for signs to be displayed overnight on consecutive days of the garage sale. There was no second. Cm. Perkins withdrew his amendment. Cm. Perkins’ motion to adopt Ordinance 403 was seconded by Vice Mayor Livingstone and passed 5-0.

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Associate Planner Shinei Tsukamoto presented the staff report. As a result of comments made at the January 22, 2008 hearing, the Ordinance was revised to increase the number of consecutive days for portable storage units from 5 to 30 days in a twelve month period on residential property. The Zoning Administrator may authorize extended use up to 90 consecutive days provided a building permit has been obtained and construction diligently commenced or upon findings of unusual circumstances.

Vice Mayor Livingstone asked if the storage unit could be placed on an unpaved surface in the rear yard. Mr. Tsukamoto responded that it could.

Cm. Hudson’s motion to introduce the Ordinance and waive the reading was seconded by Vice Mayor Livingstone and passed 5-0.

Mayor Wilson opened the item for public comment. There were no requests for public comment. Mayor Wilson closed the public comment.

Cm. Perkins requested that the Ordinance be amended to replace the wording in two places of Section D3-66 B from "thirty (30) days in any calendar year" to read "thirty (30) days in any twelve month period". Cm. Perkins’ motion to introduce the ordinance as amended was seconded by Vice Mayor Livingstone and passed 5-0.

Cm. Perkins’ motion to continue the item to February 26, 2008 was seconded by Cm. Hudson and passed 5-0.

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The item was introduced by Jeff Eorio, Parks and Community Services Director. Meredith Decker, Chairperson of the Library Advisory Committee (LAC) presented the report. Ms. Decker acknowledged Pauline Nolte and Anna Kohn who were in the audience. Ms. Decker reported that the library is now a shared use facility with Diablo Valley College; the hours have increased from 40 to 50 per week; and that 1½ employees have been added to the staff. The LAC supports the proposed library at the City Center Project and created a subcommittee to provide input. She thanked Target for sponsoring the "Kids Read Program" which was very successful. She stated that 3,758 hours of volunteer time were donated this past year and encouraged potential volunteers to contact

Ms. Nolte. Ms. Decker thanked the Council for the Teen Council representative and the City’s Volunteer Coordinator. She noted that the combined circulation of the San Ramon libraries is the largest in the County and that the LAC will continue to promote the libraries through participation in City events.

Mayor Wilson thanked Ms. Decker, the LAC, and the library volunteers for their work and for encouraging local businesses to become involved. Cm. Hudson thanked her for the volunteer data and suggested that next year’s report include a monetary value for the volunteers. He questioned the Report’s statement that "funding of the new library appears not to be at issue at the present time". Ms. Decker responded that the LAC wants to do whatever is necessary to get the new facility. She told the Council that, in the recent Parks and Community Services Survey, when given a list of activities or programs in which they might participate, the library was the #1 choice of residents.

Cm. Perkins thanked the LAC for sponsoring the "One Book, Two Cities" program.

City Manager Herb Moniz thanked librarian Anna Kohn, the LAC, and Ms. Nolte for the unbelievable job that they do for the youth and the San Ramon community. He is anxious for the LAC’s report on the design of the new library at the City Center.

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City Manager Moniz advised the Council of changes in the Stormwater Discharge Permit which is due for renewal. After extended negotiations, the nine Bay Area counties have decided to apply together. The new Permit requirements are incredibly difficult to obtain and he anticipates that San Ramon’s cost will increase significantly. Several cities are requesting a six month extension in order to discuss the issue with the Regional Water Quality Control Board.

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Cm. Hudson reviewed the proposed resolution requesting support for the Metropolitan Transportation Commission (MTC) to provide continued funding and expanded funding to local jurisdictions for the maintenance and improvement of streets and roads. He cautioned that the MTC’s Regional Transportation Plan could divert funds to regional programs at the expense of local streets and roads. Prior to 1991, federal funding for local streets and roads was provided directly to cities and was not available to MTC for diversion to regional programs.

Cm. Hudson reported on the League of California Cities’ meeting which included the Governor’s Performance Based Infrastructure Proposal. The California Transportation Commission (CTC) provided an overview of the CTC’s progress on the infrastructure bonds implementation including $8 billion from Prop 1B. The CTC may incorporate green compliance considerations when deciding how funds are awarded to projects. From the Cal Trans Traffic Control Devices Subcommittee, he reported that there is a proposal to delay monthly gas tax payments to cities for five months.

Cm. Perkins recognized Cm. Hudson’s work in the transportation area. Based on the success of other City Foundations, he suggested that a Pavement Management Foundation be developed to advocate for City’s streets. The first performance at the Dougherty Valley Performing Arts Center was very enjoyable and he encouraged residents to purchase tickets for other productions at www.sanramonperformingarts.com.

Vice Mayor Livingstone asked if the MTC resolution will be on the next Council agenda. Cm. Hudson stated that it will be discussed at the March Contra Costa Mayors’ Conference. Cm. Hudson stressed the importance of supporting this item as it appears that the MTC wants to use the funds for discretionary uses instead of providing them to cities to maintain roads. Mayor Wilson stated that the City must be proactive to ensure the correct use of return to source funds. Cm. Rowley requested that this item be agendized for the next Council meeting.

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Mayor Wilson thanked citizens for supporting the San Ramon Historic Foundation at their annual "All You Can Eat" Crab Feed. He invited residents to attend live theater at the Dougherty Valley Performing Arts Center. He encouraged residents to become involved in the City by serving on a City Board, Committee, or on a variety of Contra Costa Commissions and submit their application by the February 29, 2007 deadline.

At 8:55 p.m., Mayor Wilson adjourned the meeting to Closed Session pursuant to Government Code §94956.9 (b) (3) (A) to confer with legal counsel concerning facts and circumstances which might result in litigation but which the City Council believes are not yet known to Plaintiff or Plaintiffs.

At 9:45 p.m., Mayor Wilson reconvened the meeting. All Councilmembers were in attendance. Mayor Wilson reported that no action was taken by the City Council on the Closed Session item. At 9:46 p.m., there being no further business, Mayor Wilson adjourned the meeting.

Approved at the February 26, 2008 City Council meeting 5-0.