A regular meeting of the City Council of the City of San Ramon was called to order on June 12, 2001 at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino Ramon, Mayor Hudson presiding.
PRESENT: Councilmembers Kinney, Raab, Tatarka, Wilson and Mayor Hudson
ABSENT: None
STAFF PRESENT: City Manager Herb Moniz, City Attorney Bob Saxe, Administrative Services Director, Jim Randall, Police Chief Brian Lindblom, Parks and Community Services Director Jeff Eorio, Planning Director Phil Wong, City Engineer Joye Fukuda, Transportation Director John Dillon, Economic Development Manager April Gray, Administrative Analyst, Sandra Barlow, and City Clerk Judy Macfarlane

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Mayor Hudson led Council, staff and those present in the audience in a pledge of allegiance to the flag.

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Cm. Raab said the recent Forest Home Farms clean-up day was a success and thanked the volunteers. He also said that Vice Mayor Tatarka had collected over $3,000 for the San Ramon Library by participating in the "Human Race" walk at the Lafayette Reservoir.

Cm. Kinney reminded the Council and audience of the Grand Opening Celebration for the Senior Center Park on Friday, June 15.

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The Parks & Community Services Director introduced new employees Kimberly Chase, Recreation Coordinator, Corey Edmiston, Recreation Technician, Elza Andres, Office Technician, and Oke Agahro, Marketing and Public Relations Specialist.

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

Mayor Hudson presented certificates of recognition to the California High School Boys Varsity Track and Field Team for their achievement as 2001 East Bay Athletic League and Tri Valley Section Champions.

Mayor Hudson presented certificates of recognition to Jennifer Ladouceur and Chris Costa, 2001 Meet of Champions First Place Winners and CIP 2001 State Meet Finalists.

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Cm. Raab’s motion to appoint Steve Goins to the Architectural Review Board was seconded by Cm. Tatarka and passed 5–0.

Cm. Kinney’s motion to appoint Michael Brusselback to the Transportation Systems Management Advisory Committee was seconded by Cm. Wilson and passed 5-0.

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Cm. Kinney’s motion to approve the minutes of the May 22, 2001 meeting was seconded by Cm. Wilson and passed 5-0.

Cm. Kinney’s motion to approve the minutes of the May 22, 2001 meeting was seconded by Cm. Tatarka and passed 5-0.

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Cm. Kinney requested that item 8.2, Resolution No. 2001-60 establishing fees and charges for various municipal services, be pulled from the consent calendar and continued to the next meeting.

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

FINANCE      Register of Demands dated June 3, 8, and 17, 2001 in the amount of $2,330,762.14.

Providing support for the continuation of the Abandoned Vehicle Program and amendment clauses suspending sunset date for vehicle registration surcharge used for the program.

Establishing part time temporary employee salary structure adjustments effective June 12. 2001.

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ANNUAL PROGRAM OF SERVICES FY 2001/02

The City Manager said the Annual Program of Services for FY 2001/02 was introduced at the May 29, 2001 special City Council meeting for review and discussion. He said the Finance Committee met and reviewed the items for which clarification and/or explanation had been requested. He presented the recommendations made by the Finance Committee regarding the Transit Occupancy Tax, and the Utility Undergrounding Program (CIP 8683). He further stated the total proposed expenditures for FY 2001/02, including Debt Service, Special Revenue Funds, Capital Improvement Projects and the San Ramon Redevelopment Agency would be $69,481,362.

Mayor Hudson opened the public hearing.

Paul Mitchell, 566 Fallen Leaf Circle, said he supported the budget as presented. He questioned the evaluation process for the installation of flashing crosswalks and asked how it would benefit the community.

Lisa Dial, Tri-Valley Convention and Visitors Bureau, said City staff has been apprised monthly regarding accounting and budgetary issues of the bureau and spoke of the benefits to the community generated by the tourism industry.

Janis Milham, San Ramon Marriott, said she supported the decision made by Council to participate in the TVCVB and hoped the membership would be continued. She said the lower TOT was beneficial in light of the energy charge assessments and the California tourism taxes and felt the lower rate kept San Ramon competitive in the tourism market.

Melody Marr, San Ramon Chamber of Commerce Executive Director, said she was favor of funding the Tri Valley Convention and Visitors Bureau. She said the Chamber and the TVCVB work in unison for the residents and businesses in the community and she urged the Council to continue their support.

Rick Griggs, San Ramon Chamber of Commerce, spoke in favor of the TVCVB and urged the Council to think regionally on this issue.

Mayor Hudson closed the public hearing.

Cm. Kinney voiced his concerns for the Pine Valley Middle School Master Plan Administration, DERFA administration, the Transit Occupancy Tax, Utility Undergrounding program, and asked staff to schedule an appointment for him with PG&E. He also inquired about the revenue increases and how they related to the fee resolution.

The Administrative Services Director answered Cm. Tatarka’s questions by saying the City was preparing a Management Academy/Leadership Training program that would assist in grooming employees for potential management positions. He explained the City’s tuition reimbursement program and the mandatory training programs for all employees.

In response to Cm. Tatarks’s question the Parks and Community Services Director explained the job description for the Marketing and Public Relations Specialist position and how it would benefit the City.

Cm. Tatarka described various discrepancies in a TVCVB publication.

Cm. Wilson read a letter received from Mark Ballock, President of the San Ramon Arts Foundation, requesting the Council increase the amount of start up money for the Foundation from $20,000 to $35,000. Cm. Wilson stated the importance of taking the correct measures to ensure the success of the Foundation.

Cm Raab said he supported helping businesses in San Ramon but did not feel that the TVCVB was the correct venue to do so. He recommended the amount of increase budgeted for the TVCVB be given to the Arts Foundation and to keep the TVCVB funding the same amount as last year.

Cm. Tatarta’s motion to reduce the funding for the TVCVB to $50,000 was seconded by Cm. Raab. The motion failed on a 2-3 vote (Cms. Kinney, Wilson and Mayor Hudson dissenting).

Cm. Raab’s motion to increase the funding of the Arts Foundation from $20,000 to $35,000 was seconded by Cm. Tatarka passed 5-0.

Cm. Kinney’s motion to not approve the budget until the questions surrounding the proposed fee resolution failed for lack of second.

The Administrative Services Director answered Cm. Tatarka’s questions regarding the effect of the proposed increases in the fee resolution by saying the total amount of revenue the City would not receive if the fees were not approved was not sufficient enough to put the budget out of balance.

The City Manager recommended the Council approve the budget. He said the Finance Committee received a full packet of information on the fee resolution and passed it unanimously. He said increases to the business and licenses fee were to cover expenses due to the tremendous increase in the amount of licensing and the fee was strictly a registration fee and not to generate revenue.

Cm. Raab’s motion to approve the Annual Program of Services FY 2001/02 Resolution No. 2001-65 as amended by the increase of $15,000 to the Arts Foundation was seconded by Cm. Tatarka, and passed 4-1 (Cm. Kinney dissenting).

Approving revenue estimates, authorizing expenditures, appropriating fund balances, establishing the appropriations limit, and reaffirming the City’s investment policy for FY 2001/02

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HENRY RANCH L & L DISTRICT SPECIAL ZONE 17

The Administrative Analyst said the Regional Water Quality Control Board mandated that Henry Ranch/ William Lyon Homes, Inc., utilize water quality control facilities throughout the Henry Ranch development. To ensure that the facilities are maintained in an efficient and effective manner, William Lyon Homes, Inc., has petitioned the City to include the maintenance of the facilities in its L & L District. She said the City Council adopted Resolution No. 2001-50 approving the amended Engineer’s Report and directing staff to conduct a mailed ballot procedure for Special Zone 17 Henry Ranch. She said staff recommended the Council hold the public hearing and adopt Resolution No. 2001-67 confirming the assessment limit.

No one spoke at the public hearing.

The City Clerk stated the City had received one ballot in favor of amending the assessment limit.

Cm. Kinney’s motion to adopt Resolution No. 2001-67 was seconded by Cm. Wilson and passed 5-0.

Amending assessment limit for Special Zone 17- Henry Ranch Landscaping and Lighting District 1984-1 Special Zone 17

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L & L DISTRICT 1984-1 SPECIAL ZONE 17

The Administrative Analyst said this was the final step in levying assessment of San Ramon properties for L & L  District 1984-1. She requested the Council conduct the public hearing and adopt Resolution No. 2001-66.

Mayor Hudson opened the public hearing.

Paul Mitchell, 566 Fallen Leaf Circle, suggested to Council it would be beneficial in future years if staff were directed on how to fund reserves. He also voiced his concerns surrounding the asphalt walkways in his neighborhood.

Mayor Hudson closed the public hearing.

Cm. Kinney’s motion to adopt Resolution No. 2001-66 was seconded by Cm. Raab and passed 5-0.

Confirming Diagram and Assessment and levying the assessment for Fiscal Year 2001/02 Landscaping and Lighting District 1984-1

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GHAD 1990-01 WEST BRANCH GALE RANCH

The City Engineer requested Council hold the public & hearing and adopt Resolution No. 2001-68 which would  confirm and levy the assessment for Fiscal Year 2001/02 to fund the Geologic Hazard Abatement District 1990-01. She said the associated costs, as well as revenues from this levy, have been included in the proposed FY 2001/02 Program of Services, and if approved, this would be the seventh year of assessment. She further stated the total number of units in Gale Ranch had increased from FY 2000/01 by 631 residential units and 23, 562 square feet of nonresidential space.

No one spoke during the public hearing.

Cm. Kinney’s motion to adopt Resolution NO, 2001-68 was seconded by Cm. Tatarka and passed 5-0.

Confirming and levying the assessment for FY 2001/02 Geologic Hazard Abatement District 1990-01West Branch and Gale Ranch/Shapell Industries, Windemere/BLC Partners

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Mayor Hudson called a five-minute recess.

All Councilmembers were present when the meeting reconvened.

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MEASURE C URBAN LIMIT LINE

The City Attorney reviewed the history of the modification  of the Urban Limit Line and recapped the steps leading to the filing of the lawsuit. He stated that the County is currently preparing its reply brief which is expected to be received sometime in July, 2001. He further explained that once the reply briefs are filed by the petitioners, Judge Ely will decide what the schedule will be for oral argument on the case and he will render a decision. The City Attorney anticipated this would occur sometime in the late Fall.

Victor Petersen, 2955 Morgan Drive, said he does not feel the public understands what the lawsuit is about. As a member of the General Plan Review Commission, he stated that the Commission should have been kept apprised of the actions and that the proposed General Plan developed by the Commission should be used to make an update to the lawsuit.

Jerry Cambra, 9762 Tareyton Avenue, General Plan Review Commission member, said the boundary established by the Commission for the urban growth line had been approved by 95% of the public that attended the meeting in October. He felt that the proposed General Plan and the City’s lawsuit were inconsistent and in conflict with each other.

Jim Blickenstaff, 2410 Talavera Drive, stated the situation had changed since the time the City filed the lawsuit. He said he felt if the new General Plan passed in November, it would be inconsistent with what the City was attempting to accomplish with the lawsuit.

Cm. Kinney stated the reason he supports the lawsuit is that when the Tassajara Valley is developed, and he believes that it will be, he wants to insure that San Ramon has control of the development and prevent what occurred in the Dougherty Valley.

Cm. Raab said he supports the proposed General Plan and feels it is in conflict with the lawsuit.

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CAMPAIGN EXPENDITURE LIMITATION 

The City Clerk said voluntary campaign expenditure limits had been established for the 1985 through 1999 San Ramon City Council elections. She said in previous elections the recommended total was established by determining a reasonable amount per registered voter and the voter count was determined by the number of registered voters in the last General Election. She stated the 2000 report to the Secretary of Stated listed San Ramon’s registration at 25,402 and by using the same amount of $.50 per registered voter (the amount used in 1993, 1995, 1997 and 1999), the recommended figure for the 2001 Municipal Election would be $12,700.

The City Attorney asked that the proposed resolution be amended to remove the reference to Government Code Section 85400 (Political Reform Act of 1996).

Cm. Kinney’s motion to adopt Resolution No. 2001-72 as amended was seconded by Cm. Raab and passed 5-0.

ESTABLISHING A VOLUNTARY CAMPAIGN EXPENDITURE LIMITATION FOR THE NOVEMBER 6, 2001 MUNICIPAL EELCTION.

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MAYORS’ CONFERENCE 

Mayor Hudson stated that Sen. Torlakson spoke regarding ERAB and a possible rebate versus a refund to the cities.

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SENIOR CITIZENS ADVISORY COMMITTEE

Cm. Kinney stated the main discussion of the meeting was regarding the June 15 opening of the Senior Center Park.

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SWAT 

Mayor Hudson said that after June, San Ramon would not be doing the administration for SWAT.

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FOREST HOME FARMS

Cm. Tatarka said at the last meeting they reviewed grant writing policies, collections, exhibits, education and the historic foundation. She said they were are looking for volunteers to be docents at the Farm and there would be a training meeting on June 23^rd at 10 a.m., for those interested.

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UNEXPIRED COUNCIL TERMS 

Cm. Raab stated he would be resigning from his position as Councilmember and would like to see his position on the Council be placed on the ballot.

The City Attorney said under Government Code §36512, within 30 days following a vacancy in the office of City Councilmember, the City Council must either fill the vacancy by appointment or call a special election to fill the vacancy. Section 36512 also allows the Council to adopt an ordinance requiring that all vacancies be filled by special election rather than by appointment. He said Cm. Raab was asking that such an ordinance be adopted on June 26, 2001, as an urgency measure to take effect immediately. He said Cm. Raab was proposing that the Council adopt this ordinance prior to his submitting his resignation.

Rosalind Rogoff, 9913 Mangos Drive, said she wished Cm. Raab well in his new endeavors and supported placing the open Council seat on the ballot at the general election in November.

Jim Blickenstaff, 2410 Talavera Drive, stated he felt it was essential for the voters to decide who was going to fill Cm. Raab’s vacancy. He expressed his desire for the interim replacement be someone who shares the same views as Cm. Raab.

Donna Dickey, 3295 Ensenada Drive, said she supported an election to fill Cm. Raab’s position.

The City Manager reviewed for the Council the process that was used in 1991 when the last resignation from Council occurred.

Cm. Wilson said that the precedent had been set in 1991 and he saw no need for the adoption of a special ordinance. He stated he felt that the interim vacancy should be filled by appointment.

Cm. Kinney stated that he did not support the adoption of a special ordinance and felt the current ordinance was sufficient.

Cm. Raab stated that prior to submitting his resignation, he wanted a commitment from Council in the form of a special ordinance as outlined by the City Attorney.

Cm. Tatarka said she supported the adoption of a special ordinance.

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

David E. Hudson, Mayor
Judy Macfarlane, City Clerk

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