A regular meeting of the City Council of the City of San Ramon was called to order on October 23, 2001 at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino Ramon, Mayor Hudson presiding.
PRESENT: Councilmembers Kinney, Livingstone, Tatarka, Wilson and Mayor Hudson
ABSENT: None
STAFF PRESENT: City Manager Herb Moniz, City Attorney Tom Curry, Police Chief Brian Lindblom, Administrative Services Director Jim Randall, Parks and Community Services Director Jeff Eorio, Planning Director Phil Wong, City Engineer Joye Fukuda, Transportation Director John Dillon, Economic Development Director April Gray, and City Clerk Judy Macfarlane

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Mayor Hudson announced the Council had met in Closed Session to discuss the following:

1. Pursuant to Government Code §54956.9(a)to discuss existing litigation regarding Finley-Tassajara Corporation v. Contra Costa County; City of San Ramon v. Contra Costa County et al. Case # COO-03745, and this matter had been deferred to the next meeting;
2. Pursuant to Government Code §54956.9(c) to decide whether to institute litigation (one case);
3. Pursuant to Government Code §54956.9(b) regarding significant exposure to litigation based on the July 27, 2001 letter to the City Council from the law firm of Morrison & Foerster, deferred to a closed session to be held later in the evening.

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PLEDGE OF ALLEGIANCE

Cub Scout Pack 814, Den 1, Neil Armstrong Elementary School, led Council, staff and those present in the audience in a pledge of allegiance to the flag.

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Cm. Tatarka said there was going to be a Teen Town Hall Meeting on October 30^th at the Sheraton Hotel in Concord, hosted by Sen. Tom Torlakson.

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The Parks and Community Services Director introduced new employee Paul Mellana, Recreation Technician, Sports.

The Police Chief introduced Jan Cardiff and Jessica Fredriksson, Police Services Technicians.

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

Mayor Hudson presented a proclamation to Dr. Carlene Mendieta recognizing her successful recreation of Amelia Earhart's historic cross-country flight.

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CITY COUNCIL APPOINTMENTS

Cm. Wilson’s motion to appoint Ben Laub to the Senior Advisory Committee was seconded by Cm. Tatarka and passed 5-0.

Cm. Wilson’s motion to appoint Jean Ohman to the Forest Home Farms Advisory Committee was seconded by Cm. Tatarka and passed 5-0.

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Greg Carr expressed his concern regarding negative political advertisements.

Victor Petersen questioned the validity and motivation behind a political telephone survey currently being conducted in the City.

Lyn Kalinowski spoke regarding the following; inappropriate placement of signs, a section of Deerwood Park where the landscaping has been neglected, and a section of a street that was in disrepair. She also spoke about a traffic problem on Cobblestone Drive and mentioned the playground equipment at Central Park was not in compliance in many areas.

Bob Patrino spoke about the very successful "Early California Days" recently held at the San Ramon Senior Center.

Jim Monroe spoke against reinstating the permit for a heliport in Bishop Ranch.

Christa Freihofner recommended the Council continue the Memorandum of Understanding with PG&E to the next meeting. She said no plans had been presented and the complaints from the survey had not been addressed.

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Cm. Livingstone’s motion to approve the minutes of the October 9, 2001 meeting was seconded by Cm. Wilson and passed 5-0.

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CONSENT CALENDAR

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

FINANCE Register of Demands dated October 14 and 21, 2001 in the amount of $951,883.37.

Authorizing the Mayor to execute an agreement with New Image Landscape Company for the provision of landscape maintenance services in three locations; Canyon Lakes Assessment Zone, the Crown Ridge Assessment Zone, and the Citywide Assessment Zone, in an annual amount not to exceed $265,900

Authorizing the Mayor to execute an agreement with White Oak Landscape, Inc., for the provision of landscape maintenance services in the Westbranch Assessment Zone and the first phase of the Dougherty Valley, in an annual amount not to exceed $405,820

Resolution No. 2001-135

Authorizing a budget adjustment in the amount of $6,000 to provide for a school crossing guard on Pine Valley Road at Walt Disney Elementary School

Authorizing the Mayor to execute a Memorandum of Understanding with Pacific Gas & Electric Company regarding certain cleanup and landscaping improvements for their San Ramon Substation and Right-of-Way (APNs 212-020-006, 212-00-007, 212-030-008, and 212-030-009)

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 Waterworks Industries Inc., for repairs to the Westbranch Fountain, and authorizing a budget increase in the amount of $9,200

Authorizing the Mayor to approve the expenditure of the Federal Local Law Enforcement Block Grant funds of $13,436 and requesting the City fund the 10% Matching Fund Requirement ($1,343.60)

SENIOR CITIZENS ADVISORY COMMITTEE

Phil Reed, Chairperson, reviewed the purpose, objective and charge of the committee. He stated the main 2000-2001 goals and accomplishments had been; 1) to the improve and enhance the lunch program, 2) recruitment of volunteers, 3) assist in the planning of the expansion of the Senior Center, and 4) to be involved with staff of the Senior Foundation and the grand opening of the Senior Center Park. He said the 2001-2002 main goals were to; 1) organize and lead classes on sharing their gifts (talents) to encourage seniors to give back to the community, and 2) continue to expand and improve on Monday lunches, and 3) to continue to assist the staff in the planning and design of the Senior Center expansion and garden relocation project.

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DOUGHERTY TUNNEL TRUNK SEWER

Bill Brennen, Capital Projects Division Manager, Central Contra & Costa Sanitary District, reviewed the progress made to date with regards to the Dougherty Tunnel and Trunk Sewer Line project. He addressed two specific complaints from residents along the construction route and action taken to rectify the situations.

Mayor Hudson commented that he drives through the construction area at least once a day and had never seen a flagman or traffic control in effect. He also read an e-mail received from Roz Rogoff that asked when the machinery would be moved from in front of her house.

Mr. Brennen stated that the machinery had been moved that day, and there would not be any further equipment in front of Ms. Rogoff’s house until the paving/overlay project was underway.

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APPEAL - CLUB ACCESS

The Senior Planner recommended the City Council adopt Resolution No. 2001-140, upholding the Planning Commission’s Resolution No. 97-01, modifying Land Use Permit 2059-81, to revoke the entitlements pertaining to the restaurant building at 3110 Crow Canyon Place. This action would prohibit all business activity by Club Access and require any future business activity at this location to conform with all applicable Zoning Ordinance provisions for the City on the grounds that the business is in violation of Chapter 8, Section D5-806 of the San Ramon Zoning Ordinance. He stated on Friday, October 19, 2001, a fax was received from Eric Mewes, withdrawing the appeal on behalf of Club Access. He stated the appeal on behalf of the William and Ann Breal Revocable Trust would proceed with the appeal process.

The Senior Planner stated 1) that the terms or conditions of approval of the permit had been violated or that other laws or regulations had been violated; 2) there had been a discontinuance of the exercise of the entitlement granted by the permit for three consecutive months; and 3) the use being conducted was contrary to the public’s health, safety, and welfare.

Joseph Breal, attorney for the appellant, said Club Access, their tenants, had been evicted from the premises, and they were currently working on locating a family restaurant to occupy this space. He stated that since Club Access had been evicted, there were no health, safety and welfare issues to the community, except now the property is vacant and it would be a blight and eyesore in the area. He said the entitlements that have been revoked would make it difficult to find a viable tenant for the property.

Donna Kerger, representing the Planning Commission, asked the Council to deny the appeal. She stated her concerns and asked that the business operator be prevented from having any legal loopholes in order to reclaim the permit and any rights to the property.

Linda Swafford, owner of Crow Canyon Shell, described the vandalism, theft and destruction of property at her business caused by the patrons of Club Access leaving the club when it closed in the early morning hours.

Nicki Moreno said this area had caused the community a lot of problems and that the homeless would not want to live in that vacant building either.

Bob Patrino said Club Access has been a public nuisance, a danger to our children and a drain on community resources. He supported Council denying the appeals and the closure of the club.

The appellant questioned the legality of the decision and stated he wanted to work with the City to find suitable tenants. He said he was willing to stipulate that night to work with the city attorney and the planning department to properly modify the permit to restrict nightclub use, and work in getting a family restaurant into the space. He requested this hearing be continued to allow more time to resolve the issue, to be progressive and not punitive.

Mayor Hudson closed the public hearing.

Cm. Kinney’s motion to deny the appeal and uphold the Planning Commission’s decision was seconded by Cm. Tatarka, and passed 5-0.

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Mayor Hudson declared a 15 minutes recess to convene to Closed Session pursuant to 54956 (c).

All Councilmembers were present when the meeting reconvened.

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CERTIFICATION OF GENERAL PLAN 2020

The Planning Director introduced consultant Michael Dyett, who presented the General Plan 2020 Environmental  Impact Report (EIR) for certification. He said it was complete and EIR in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended. The consultant made a presentation which included the following categories; land use and growth management, transportation, open space and agriculture, parks and recreation, schools and community facilities, public facilities and utilities air quality, noise, public safety and emergency preparedness, hazardous materials, geology, soils and seismicity, biological resources, hydrology, flooding and water quality, historical and cultural resources, and telephone, cable and energy.

Mayor Hudson opened the public hearing.

Joe Miller, a member of the General Plan Review Commission, said he was proud to have served on the commission and asked the Council to read the Plan and accurately represent it to the residents.

Donna Kerger, Chair of the General Plan Review Commission, said they had received a lot of input from the residents as well as agencies of the community to put together a very good plan. She requested the Council accept the figures, go forward with the plan and let the people of the City vote on it.

Christy Eiland, member of the General Plan Review Commission, said it was her wish to present the plan to the community so they could see it in the same light as the Commission does, as a positive guide for the City. She asked the Council to certify the EIR and support the plan.

Jeff Thayer, Davidon Homes, referred to the letter he had submitted to Council objecting to the City certifying the FEIR and asked for consideration.

Mayor Hudson closed the public hearing.

Mayor Hudson stated there were two issues before the Council; the certification of the General Plan 2020 EIR and, consideration of adoption of an interim ordinance establishing a moratorium on amendments to the General Plan or Zoning Ordinance.

Cm. Tatarka made a motion to certify the General Plan 2020 Environmental Impact Report.

The motion died for lack of a second.

Mayor Hudson stated the one concern he had was the tabled matter regarding Davidon, and the time constraints that prevented it from being placed on the November ballot.

The City Attorney stated that Council could, consistent with Measure G, refer part of the plan back to the commission. He said if the Council does this, it was his recommendation not to certify the EIR that night.

Cm. Kinney’s motion to reconvene the General Plan Review Commission to resolve the tabled matter regarding Davidon was seconded by Cm. Livingstone, and passed 3-2 by roll call vote (Cm. Tatarka and Wilson dissenting).

Cm. Kinney’s motion to adopt an interim ordinance establishing a moratorium on amendments to the General Plan or Zoning Ordinance was seconded by Cm. Livingstone, passed 5-0.

Ordinance No. 336

Establishing a period during which neither the City's General Plan nor the Zoning Ordinance may be amended.

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MAYORS’ CONFERENCE

Mayor Hudson stated the Council had not received the agenda for the November 1 Mayors’ Conference.

TEEN COUNCIL

Cm. Tatarka said the Teen web-site would be up soon and it would be linked to the City’s web-site.

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ARTS ADVISORY COMMITTEE

Cm. Tatarka said the majority of the meeting was spent on the 5-Year Cultural Arts Plan. There was also an evaluation of the Black and White Party.

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CCC LIBRARY COMMISSION

Cm. Wilson’s motion to appoint Pauline Nolte as the San Ramon representative to the Contra Costa County Library Commission was seconded by Cm. Kinney and passed 5-0.

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MAYOR/VICE MAYOR SELECTION

Cm. Wilson stated that irregardless of whether the directly elected mayor measure passed on November 6^th, the Council would still be subject to voting for the Mayor and Vice Mayor for the next year. He stated that this issue should be brought forward before the next Council, not the current one.

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DEIR – CAMINO TASSAJARA

Cm. Tatarka asked to have this item agendized at the next Council meeting.

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SUPPORT FOR UNITED STATES

Cm. Wilson said he felt it was time to show our support of the United States action against terrorism and requested a resolution be placed on the next Council agenda for consideration.

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There being no further business to come before the City, the meeting was adjourned at 11:30 p.m.

David E. Hudson, Mayor
Judy Macfarlane, City Clerk