A regular meeting of the City Council of the City of San Ramon was called to order on October 24, 2000 at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino Ramon, Mayor Kinney presiding.
PRESENT: Councilmembers Hudson, Raab, Tatarka, Wilson and Mayor Kinney
ABSENT: None
STAFF PRESENT: City Manager Herb Moniz, City Attorney Bob Saxe, Police Chief Brian Lindblom, Parks and Community Services Director Jeff Eorio, Planning Director Phil Wong, City Engineer Joye Fukuda, Transportation Director John Dillon and City Clerk Judy Macfarlane

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Cm. Wilson led Council, staff and those present in the audience in a pledge of allegiance to the flag and dedicated the pledge to the memory of the American sailors who lost their lives when their ship, the U.S.S. Cole, was hit by a bomb in Yemen.

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The City Manager said the following changes had been made to the announcements listed on the agenda; the Tri Valley Transportation Council scheduled for October 25 was cancelled and the Mayors Conference on November 2 was in Pleasant Hill not Pinole as listed.

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The Planning Director introduced Debbie Chamberlain, Senior Planner in the Planning Department.

The Parks and Community Services Director introduced Julie Williams, the new Office Assistant II in the Parks Department.

Mayor Kinney welcomed the new employees and gave them City pins.

The Police Chief introduced new police officers Frank Lawrence, Chris Lunsford and Patrick O’Brien.

The Police Chief introduced police chaplain, Patricia Grady.

Mayor Kinney welcomed officers Lawrence, Lunsford and O’Brian and police chaplain Patricia Grady to the City.

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The City Clerk said there were two vacancies on the Environmental Affairs Advisory Committee. She said two applications had been received, one from Signe Sterner and the other a nomination of Bonnie Elkins by the San Ramon Chamber of Commerce Board of Directors.

Cm. Raab’s motion to appoint Signe Sterner and Bonnie Elkins to the Environmental Affairs Advisory Committee was seconded by Cm. Hudson and passed 5-0.

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Jim Blickenstaff expressed concern regarding the last Council meeting and said he felt the wrong message was being sent to the voters and citizens. He said someone viewing that meeting would think they were not welcome to speak before the Council unless they agreed with the majority of the Council.

Greg Carr asked the Council to take a moment and think about whom they were representing. He said the Council represents everyone not just those who agree with them. He asked the Council to try to create an atmosphere so that anyone in the audience can come to the meeting and speak on issues that are important to them.

Victor Petersen said it was not acceptable for the Council to treat any residents the way he was treated at the last meeting. He said he felt an apology was in order, not for him but to the residents of San Ramon to let them know they are welcome at Council meetings. He said he was not going to let public scrutiny go away in regard to the urban limit line lawsuit filed by three Councilmembers.

Donna Dickey expressed concern about the material that covers the ground in the dog park and asked the Council to consider replacing it with something that is more community and animal friendly.

Mayor Kinney said the ground cover at the dog park would be removed and replaced with something more user friendly. He said the City Manager would call Ms. Dickey to let her know what was proposed for the dog park.

Andrew Byczko spoke about recent rent increases and asked the Council to consider rent control.

Mayor Kinney asked the City Manager to check into the issue of rent control.

Michael Sipos expressed concern about Tom Torlakson, a candidate running for the State Senate, and said he felt Mr. Torlakson was always on the side of development.

Phil Mouser asked the Council to pay attention to the speakers.

Tom Ford, candidate for the Dublin San Ramon Services District, read a letter from the president of the South San Ramon Neighborhood Association Board endorsing his candidacy.

Cynthia Jones, DSRSD Board, gave an update on DSRSD activities and said many of the problems regarding sewer issues in the area were because of the City of Pleasanton’s actions.

Georgean Vonheeder-Leopold, incumbent running for the DSRSD Board, said the three incumbents must be re-elected because they were the only ones that seemed to believe that DSRSD’s primary purpose was to serve San Ramon and Dublin.

Mark Breazeal, DSRSD candidate, talked about the issues that he would address if elected to the DSRSD Board. He also spoke about the importance of voting.

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APPROVAL OF MINUTES

Cm. Raab’s motion to approve the minutes of the October 10, 2000 meeting, as amended, was seconded by Cm. Tatarka and passed 5-0.

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Cm. Raab asked to remove item 8.3, resolution regarding the Contra Costa Community College District Facilities bond measure, for discussion and a separate vote.

Cm. Raab’s motion to approve the following Consent Calendar was seconded by Cm. Tatarka and passed 5-0.

FINANCE      Register of Demands dated October 4, 10, 13, and 20, 2000 in the amount of $1,060,438.91

ACCEPTING GRANT DEEDS FOR ALAMO CREEK PARCEL "B" OF AMENDED FINAL MAP 7018 AND PARCEL "A" OF FINAL MAP 7413 FOR CREEK PURPOSES, AND ACCEPTING AS COMPLETE AND FOR MAINTENANCE SELECT CREEK IMPROVEMENTS, LOCATED FROM 1200 FEET NORTH OF OLD RANCH ROAD TO 1700 FEET SOUTH OF OLD RANCH ROAD (BENT CREEK/PONDEROSA HOMES).

AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH GROVER LANDSCAPE SERVICES, INC. FOR ADDITIONAL LANDSCAPE MAINTENANCE SERVICES IN THE CROWN RIDGE LANDSCAPING AND LIGHTING DISTRICT, ZONE 13, IN AN ANNUAL AMOUNT NOT TO EXCEED $58,440

AUTHORIZING AN INCREASE IN THE 10% CONTRACT CHANGE ORDER LIMIT SPECIFIED BY TITLE A, DIVISION A7 OF THE CITY OF SAN RAMON MUNICIPAL CODE TO THE AGREEMENT WITH CLEARY BROTHERS LANDSCAPE CONSTRUCTION FOR THE TAREYTON AVENUE LANDSCAPING PROJECT (CIP 8339)

AUTHORIZING THE MAYOR TO SIGN MASTER COOPERATIVE AGREEMENT NO. 43.00.77 BETWEEN THE CITY OF SAN RAMON AND THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR A TOTAL OF $96,000 IN TRANSPORTATION FUNDS FOR CLEAN AIR (TFCA) AND $59,287 IN MEASURE C CARPOOL FUNDS FOR FISCAL YEAR 2000/01 TO IMPLEMENT CITY OF SAN RAMON AND SOUTH WEST AREA TRANSPORTATION COMMITTEE (SWAT) TRANSPORTATION SYSTEMS MANAGEMENT (TSM) PROGRAMS

CITYWIDE TREE PLANTING PROJECT

Acceptance of work by Contra Costa Landscaping, Inc. for the Citywide Tree Planting Project (CIP 8409) as complete and authorization for the City Clerk to file a Notice of Completion with the County Recorder’s Office.

RESOLUTION NO. 2000-154

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DAVID GATES AND ASSOCIATES FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR THE PINE VALLEY MIDDLE SCHOOL MASTER PLAN/PARKING LOT (CIP 8257) IN AN AMOUNT NOT TO EXCEED $100,000

QUARTERLY INVESTMENT REPORT

City of San Ramon Quarterly Investment Report – period ending September 30, 2000

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SENIOR ADVISORY COMMITTEE ANNUAL REPORT

Bob Bowers, Senior Advisory Committee Chair, highlighted the committee’s achievements for the past  year. He also talked about the many services and programs provided at the San Ramon Senior Center and reviewed the Committee’s goals for the coming year.

Cm. Hudson’s motion to receive the Senior Advisory Committee’s annual report was seconded by Cm. Tatarka and passed 5-0.

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Mayor Kinney said a letter had been received from Patricia Boom stating she was resigning as San Ramon’s representative to the Central Contra Costa Transit Authority effective November 1, 2000. He said he was currently serving as San Ramon’s alternate to the Authority and would serve as the representative until liaison changes were made by the new Mayor in November. He thanked Ms. Boom for the many years she represented San Ramon on the CCCTA and noted she had served as chair this past year.

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ALAMO CREEK DRAFT EIR

The Planning Director introduced a report that included  a Town of Danville response letter to the Alamo Creek Draft Environmental Impact Report.

Rosalind Rogoff said in the Draft EIR they were concerned about the section that talked about tying the Alamo Creek development into the Dougherty Valley sewer with everything winding up at the Larwin pump station.

Victor Petersen said the Alamo Creek project would not benefit the region it would only exacerbate already existing conditions. He said since the proposed Alamo Creek project is still within the urban limit line project, development is possible and the question is who should have control. He said the Town of Danville is opposed to the project and San Ramon has an opportunity to provide a show of support for a neighboring city’s effort against the county.

Donna Dickey said she had sent a letter expressing her concern to the County regarding the proposed temporary pumping stations on Lawrence Road. She asked why Central San would build two temporary pumping stations, remove them and then connect them to the Dougherty sewer project. She said they had been assured at least three times by Paul Morsen of Central San that the sewage from the proposed Alamo Creek project would only go north and would not go into San Ramon.

Jim Blickenstaff said he had written a letter in response to the Draft EIR on behalf of the Mt. Diablo Group of the Sierra Club and said he felt it augmented the serious and well thought out comments made by Danville on the project with a little more emphasis on visual, biological, endangered species and the whole problem of sprawl. He said he had discovered after looking at the project and reading Danville’s comments and seeing what the County was doing in terms of the project’s legality, the project was already dead on arrival. He said he felt San Ramon needed to cooperate with Danville as a local municipality to make sure the residents’ concerns are represented fully.

Mayor Kinney said it was his understanding that EBMUD was going to be providing the water for the project.

Mr. Blickenstaff said in terms of the Draft EIR status they thought it would have to be a LAFCO process that could end up forcing EBMUD in a hostile situation.  Jerry Cambra, 9762 Tareyton Avenue, said there are serious concerns regarding the impacts on San Ramon of a project that lies outside of the City that include traffic, schools, air quality and habitat issues. He said his concern was that the parcel being talked about is now in San Ramon’s planning area. He said he felt it would be consistent for the Council to go to the County and tell them how they felt about the project and what it would do to San Ramon especially considering we still have a long way to go in the General Plan process. He said the Council needs to be consistent, to be together and to be men and women who are going to protect San Ramon.

Cynthia Jones said she was pleased the Council was looking long term at projects that would impact San Ramon. She said DSRSD had proposed helping Central San manage pump stations in the Dougherty Valley.  

Cm. Raab encouraged everyone to speak out and express their concerns at the public meeting scheduled October 26 at Tassajara Elementary School. He said after San Ramon residents speak he felt the City should have its own response letter condemning the project.

Cm. Hudson said sooner or later if you really want to stop something you have to find a direction that you want to take versus a direction you want to go away from. After commenting on many sections of the Danville response letter, he said he would like San Ramon’s representatives to look at the 1997 Draft EIR under the section potentially significant impacts where it states "at build out, the proposed project", talking about  Tassajara Valley, "would generate approximately 1.23 million gallons a day of waste water during dry weather and peak waste water flow of approximately 5 million gallons per day. Insufficient capacity exists in the current DSRSD sewer system to accommodate the proposed project and future developments to be served with the system. Construction of an on-site satellite wastewater treatment plant to serve the project would create land use conflicts. He said the 1997 EIR says that the developer in Tassajara should be paying for a wastewater treatment plant with their funds. He said this is the direction the City should be going. He continued to say our staff should analyze the Danville response to see how it works with San Ramon’s 16 page comment letter.

Cm. Wilson said a wastewater treatment plant is the key. He said Danville has taken the opportunity to show how the project affects Danville and now it is San Ramon’s turn to show how it affects San Ramon. He said we defend Danville and our community by making sure the needs of San Ramon are met and with that the Tri-Valley needs will be met. He said he concurred with Cm. Hudson and said we present our vision, our thoughts, our thought process of what is right for the City of San Ramon and that will help the Tri-Valley.

Cm. Raab said he would hope the Council would be unanimous and support a letter condemning the project. He said it would be nice if each Councilmember would speak at the Thursday meeting and express his or her concerns and show a united front and as local municipalities stand together against the project and show the County that we on a local level are against the project.

Cm. Hudson said at the time the Council took the vote on the lawsuit he recommended that we should explore the idea of going to DSRSD and Central San about some kind of Joint facility out in Camp Parks. He said the EIR states that a satellite waste water Treatment plant needs to be built. He said he would like to see the Council instead of just writing letters of support, step back a minute, and decide the direction we want to go.

He recommended the Council receive the Danville report and direct staff to analyze how it conflicts or agrees with San Ramon’s 16 page letter on the DEIR and then set up two study sessions, or information sessions and see if there is some basis for a facility in Camp Parks.

Cm. Raab said the question is very simple, are we for or against the project and it has nothing to do with Dougherty Valley. He said he felt what Cm. Hudson was talking about was admirable in working with DSRSD and looking at alternatives and this would not hinder that process at all. 

Cm. Wilson said unfortunately he would be on a business trip on Thursday and would not be able to attend the meeting.

Cm. Tatarka said both San Ramon and Danville are representatives to the Dougherty Valley Oversight Committee and the Alamo Creek project is not compatible with the Dougherty Valley Settlement Agreement. She said the issue of fire protection and police services would be one of the reasons why San Ramon should make its concerns known and in addition there were issues of traffic, the effect of massive grading, the lack of any real usable open space and sewer problems. She continued to say one issue that was not mentioned was the impact on schools.

Cm. Hudson said representatives from San Ramon hold liaison meetings every month with the School District and it was brought to his attention by the School District that they were very excited about this project. He said for the School District to get a lot of the funding they were going to need to finish some of the other schools, they are going to have to do this project and the County is very aware of that fact. He said he would be willing to bet before that night none of the Councilmembers knew about the EIR study that talks about a  satellite wastewater treatment plant. He said it is not our goal to follow Danville’s lead or to listen to traffic concerns it is what can we do right now to get that sewage off of Estero, Ensenada and Larwin. He said even if we can’t keep Central San from building the pipeline we have an opportunity to explore the possibility and get the issue before the public. He said lets not start sending letters that cut our noses off before we have chance to get in the ballgame.

Cm. Raab asked Cm. Hudson if he was for or against the 1387 homes in the Alamo Creek project.

Cm. Hudson said if building the 1387 homes gets a wastewater treatment plant and the sewage off of Estero and Ensenada, you bet I am. He said he would vote for 1387 homes anytime to get any sewage off of Estero and Ensenada. 

Mayor Kinney said the Planning Commission that the Council addressed did not have any authority but to make recommendations to the Board of Supervisors. He said the Board of Supervisors did not move the urban limit line in just far enough for this project to happen, not to let it happen. He said he agreed with Cm. Hudson that if we can solve the Estero Drive sewer problem by approving the project and then telling the developers if you build this project and don’t bring your sewage down through the Dougherty Valley down to Estero and onto Mangos and pump it back up the hill, he would approve the project. He said he would like to see Danville’s and San Ramon’s responses compared to see what is common ground and what is not. He said if there were a way to stop the sewer project from going down Estero by some miracle he would be willing to do that but he was not ready to send a letter endorsing everything that Danville said in their response to the EIR.

Cm. Hudson said the first page of the EIR shows the Wendt Ranch is approved. He said this was not a general plan amendment from agriculture to housing, that was done in 1997. He said before any letters are written he felt staff should do an analysis. He said he did not feel every department that would be involved with the project had had an opportunity to look at the EIR and comment. He recommended the Council receive the report and give it to staff to analyze the points of conflict and agreement.

Cm. Raab said the developers were consistently changing the project. He said in regard to the schools we should not have to suffer and play catch up because of the bad deal the School District made with the Dougherty Valley developers. He said the Council needs to stand up for local control and express opposition to the project. He said his motion was "are you in favor of this 1387 home Wendt Ranch project".

Cm. Tatarka seconded the motion.

Cm. Wilson said the project was not in the best interests of San Ramon but he felt writing a letter without exploring all of the options was ludicrous. He said it was up to San Ramon to express its concerns and needs the same way Danville has and this is a chance for the Council to be proactive rather than reactive. He said he felt it was crucial that we take the time to analyze what is best for San Ramon. He said the final decision is going to be made by the Board of Supervisors and those are the people we have to influence, not the area planning commissioners. He continued to say let’s not just state that we are against the project but why we are against it.

Cm. Tatarka said this project needs to be explored further especially in areas such as schools but that should not stop the Council from stating opposition to the project as a whole. 

Cm. Raab said staff had already commented on the EIR. He said he was not asking for a letter and his motion was "are you in favor of this 1387 house project known as the Wendt Ranch project".

Cm. Hudson said the Council needs to understand what the letter does if one is sent and that is why an analysis must be done.

Cm. Raab added the verbiage to his previously stated motion "with a letter to follow with our objections, additional analysis".

Cm. Raab asked the City Clerk to restate the motion.

The City Clerk said Cm. Raab’s motion was "are you in favor of the 1387 homes in the Wendt Ranch project with a letter to follow with Council comments and analysis"

Cm. Tatarka seconded the amended motion.

The vote on the motion was 3 no's and 2 abstentions (Cm. Hudson and Mayor Kinney abstaining.)

Cm. Hudson asked if there were any direction the San Ramon representatives should take to the meeting that was being held the next day on this issue.

Cm. Raab said it was clear that Cm. Hudson would be directed to get the best deal possible in regard to the sewer issue.

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COMMUNITY COLLEGE FACILITIES BOND MEASURE

Cm. Raab said he had asked the resolution recommending  the residents of San Ramon consider the Contra Costa Community College District Facilities bond measure be removed from the Consent Calendar for discussion and a separate vote because it had always been a Council policy to not endorse measures. He said he felt the resolution was a round about way of endorsing the measure. He said while he was in favor of this measure he felt other measures should be given the same Council consideration.

When asked how the measure came to be on the agenda, the City Manager said a request had been received from the Board of the Community College District to place it on the agenda. He said in the past the City Council had taken this action based upon a direct relationship as to how a measure would affect the City. He said the City was in the process of developing a joint use library and the Council had endorsed the concept.

Cm. Wilson said he agreed with the decision to take the resolution off the agenda because once the Council considers one measure they would have to continue to consider all worthwhile measures and he did not feel that was proper.

Cm. Raab’s motion to deny the resolution regarding the Contra Costa Community College District Facilities bond measure was seconded by Cm. Tatarka and passed 5-0.

Cm. Raab said he was in favor of education every step of the way and he would personally recommend everyone vote for the measure.

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MAYORS’ CONFERENCE 

Mayor Kinney said the November 2 Mayors’ Conference would be held in Pleasant Hill.

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SAN RAMON DAY AT HABITAT

Cm. Tatarka thanked all of the residents that signed up for and  worked at the Mt. Diablo Habitat for Humanity San Ramon Day on September 16. She said many of the people who signed up and worked that day enjoyed it so much they went back and worked again. She introduced Bob Ingalls and said he had coordinated San Ramon Day at Habitat.

Mr. Ingalls read the names of the participants and showed pictures of the workers hanging sheetrock. He said there were over 20 San Ramon residents and church members that took part in the last day of the "Week of Caring" helping Mt. Diablo Habitat for Humanity in their efforts to build 16 affordable townhomes in Concord.

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Cm. Tatarka said she was embarrassed and disappointed at the example set by the Council at the last meeting during public comment and the discussion of an agendized item. She said this is a time for residents to comment and to ask Council to answer questions and concerns. She said to grandstand comments or to express political beliefs while ignoring the reason the item was originally agendized was to her demeaning. She said she had received several telephone calls asking what was the item being discussed and wishing there could be more dialogue. She said she had received comments regarding the Council’s behavior and asking if the Council would ever change. She asked what had happened to the Council’s commitment to each other and the City that was established in their meeting on Council goals. She made a motion that the Council formally apologize to the residents of the City for its behavior.

Cm. Raab seconded the motion.

Cm. Wilson said he agreed with Cm. Tatarka when she stated that the Council should respect every resident that comes before the Council to express an opinion. He said in regard to his response to Mr. Petersen at the last meeting, Mr. Petersen is not just a resident, he is very active politically in the City. He said any resident who comes before Council that does not have a political agenda will always receive his ultimate respect and attention. He said while he respected Mr. Petersen he would not let him stand at the podium and give his political agenda without responding.

Cm. Hudson said the Council was not brow beating Mr. Petersen at the last meeting, it was an honest back and forth dialogue. He said not only would he not apologize he would like to see two more meetings like it because the response from the public was they learned more at that meeting than they had previously from the press.

Mayor Kinney said this item was not on the agenda and asked the City Attorney if it were legal to take a vote on the motion.

The City Attorney said the motion was generic and he did not feel it was out of line. He said if the motion covered issues such as what the City Council’s protocol should or should not be then he felt it should be an agendized item.

Cm. Tatarka confirmed her motion to state that the City Council offer an apology to the residents of San Ramon for its behavior at the October 10 meeting.

The motion did not pass on a 2-3 vote (Cm. Hudson, Cm. Wilson and Mayor Kinney dissenting).

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There being no further business to come before the City, at 10:15 p.m. the Council meeting adjourned.

Curt Kinney, Mayor
Judy Macfarlane, City Clerk

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