A regular meeting of the City Council of the City of San Ramon was called to order on July 24, 2001 at 7:30 p.m. in the Council Chamber at City Hall, 2222 Camino Ramon, Mayor Hudson presiding.
PRESENT: Councilmembers Kinney, Tatarka, Wilson and Mayor Hudson
ABSENT: None
STAFF PRESENT: City Manager Herb Moniz, City Attorney Bob Saxe, 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 Manager, April Gray 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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Mayor Hudson announced there would be a Special Council Meeting on August 22 at the 7:00 p.m. in the Community Center to discuss the City Center Design Plan.

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Mayor Hudson presented a proclamation to Bob Saxe recognizing and thanking him for many years of service to the City.

Mayor Hudson presented certificates of recognition to the Girl Scout Gold and Silver Award recipients.

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Cm. Kinney’s motion to appoint Ambert Ho as the Student Member to the Parks and Community Services Commission was seconded by Cm. Tatarka and passed 4-0.

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Rosalind Rogoff, speaking on behalf of Donna Dickey, questioned how an advertisement for the vacant council seat was placed in the newspaper.

Donna Kerger, Chair of the General Plan Review Commission, reminded the public the final General Plan Review Commission meeting would be held at the Community Center, July 26, 2001 at 7:00 P. M.

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Cm. Tatarka’s motion to approve the minutes of the July 10, 2001 meeting was seconded by Cm. Wilson and passed 4-0.

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Cm. Wilson’s motion to approve the following Consent Calendar was seconded by Cm. Kinney and passed 4-0.

FINANCE      Register of Demands dated June 30, July 1, 15 and 20 in the amount of $1,316, 769.90.

Approving the purchase of new computer workstations for new employees, new facilities and general citywide replacements in the amount of $64,675.

Amending the FY 2001-02 Appropriation Limit

Authorizing the Mayor to execute an agreement with Architectural Resources Group for the preparation of construction documents for the rehabilitation of the Boone House (CIP 5306), in an amount not to exceed $95,000

Authorizing the Mayor to execute an agreement with MCK Services, Inc., for construction of the FY 2001/02 Pavement Repairs Contract (CIP 5316), in an amount not to exceed $200,000

Authorizing an increase in the ten percent contract change order limit specified by Title A, Division A7 of the City of San Ramon Municipal Code to the agreement with Niles Freeman Excavating for construction of the Old Ranch Road Slope Repair Project (CIP 8650) and authorizing a budget increase of $35,000

QUARTERLY INVESTMENT REPORT

City of San Ramon Quarterly Investment Report – period ending June 30, 2001

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Draft Charter The City Attorney said on July 10, 2001, the City Council Amendment directed that a charter amendment providing for election of Language the Mayor be prepared and brought back at a special meeting on July 31, 2001. He introduced a draft proposal stating it was provided for Council review that night so that any revisions could be made prior to the meeting on July 31^st. He said that no action would be taken on the proposal that night however, if they wished to place it on the November ballot, the Resolution would have to be adopted at the special Council meeting on July 31^st.

Mayor Hudson opened the public hearing.

Victor Petersen, said the Council had been asked many times over the past six years to place the issue of directly elected mayor on the ballot and he found it ironic that after leading a group to collect 5,374 signatures to place this issue on the ballot, the Council was now taking action on this same issue.

Jim Blickenstaff, said he was troubled with counter measures and thought that Council’s action was an inappropriate reaction to a genuine citizens’ drive. He asked the Council to allow the citizens’ measure to "live or die" on its own merit.

Cynthia Jones, asked the Council to be sure of what action they were taking because they were changing the history of San Ramon.

Rosalind Rogoff said she wanted Joe Covello’s mayoral rotation proposal to be a third option for the citizens.

Mayor Hudson closed the public hearing.

Cm. Wilson said over the next three or four months we will be debating the pros and cons of having an elected mayor. He said he believed the public had the right to vote on any project or situation whether it is the mayor or the city center. He said he commended

Mr. Petersen and the rest for gathering the signatures because he thought it was important that the residents are given both sides of the issues. He said he hoped the Council would consider putting Mr. Covello’s issue on the ballot.

Cm. Kinney said he would have no problem with an amendment to make the term four years instead of two years. He asked if he could get Council’s concurrence could the proposal be amended.

The City Attorney said the proposal was just a draft and Council could amend it.

Cm. Kinney said he would to keep the same process we have always had. He said if we are going to have an elected mayor we should have one that has some duties and that is why the opposing measure would be on the ballot.

Cm. Tatarka: said there are some contradictions in the City Attorney’s draft proposal. She said in Article II the structure of the City government is the same as the residents’ initiative. She said Article III, the first paragraph reads almost verbatim to the residents’ initiative except for the compensation for Mayor. She said there is contradiction in the second paragraph regarding duties and asked are these duties or are these powers. She said it was obvious to her that while the Article states the mayor shall have the same vote and authority of a councilmember, the sub-heading says otherwise. The mayoral job description is nothing more than definition of a mayor with super powers. She concluded by saying the simplest thing we can do as a council is just to let the citizens’ initiative that is on the ballot, fail or succeed on its own merit.

In response to Cm. Kinney’s question Mayor Hudson said the Council was not going to vote on the draft proposal that night.

Mayor Hudson said there is no ballot measure proposed or on the ballot right now that gives any mayor "super powers". He said it should not be the Council that decides we should have an elected mayor, it should come from a petition of the people to change government. That is the process that makes sense. He said he had only heard one Councilmember state that the directly elected mayor is the preferred way to go. He said the majority of Council was still saying that the method we have is the best way to go but if we are going to look at an elected mayor now is the time to do it and that is what he thought was being done with this charter amendment.

Cm. Kinney asked Mayor Hudson if wanted a four-year term or a two-year term for the mayor.

Mayor Hudson said he would prefer to leave it at the two-years because that is what is in the citizens’ initiative and he didn’t want to have this issue to be confrontational or repetitive because of the two four years.

Cm. Wilson and Cm. Tatarka what she would like changed on the proposal.

Cm. Tatarka said that she had already talked about points such as duplicate verbiage and asked why Council was even considering the proposal when the residents have already done it.

Cm. Tatarka said she would not vote for the proposal. She said the citizens’ initiative is the one that is the simplest and addressees all the issues of directly elected mayor. .

Mayor Hudson said he didn’t think any of the Councilmembers other than Councilmember Tatarka had said they support an elected mayor. He said it was his understanding of the ballot measure that the job description of the mayor would be the same as it was as of June 30, 1999 or 2000?

Cm. Kinney said the citizens’ initiative says the duties that are in place June 30, 2001.

Cm. Kinney said unless you want to change it to four-years let’s submit as is and bring it back on July 31 for a vote.

Mayor Hudson said he would agree.

Cm. Wilson said he did not see a problem with Cm. Kinney’s recommendation.

Cm. Tatarka said she would like the Council to take a vote.

Cm. Wilson asked if the direction was to bring it back on July 31^st and at that time a final decision would be made.

Mayor Hudson asked is that in the form of a motion?

Cm. Kinney said we really didn’t need a motion.

Mayor Hudson asked is that 4-0 to bring it back as a resolution to vote on?

Cm. Tatarka said no the vote is 3-1.

The City Attorney said he wanted to make sure the Council understood that July 31 was the drop dead date so if they had any other changes or alternatives they needed to decide at that meeting.

Cm. Wilson said he would like placed on the ballot that we retain the present system of appointing the mayor. He said he believed the residents should have that option when they make their decision.

Mayor Hudson confirmed that Cm. Wilson was also talking about Mr. Covello’s proposal.

Mayor Hudson asked the City Attorney even if we put the present system on the ballot and all four measures fail, we still go back to what we have right now.

The City Attorney confirmed yes there would be no change.

Mayor Hudson said what the City Attorney was being asked to do was; 1) bring back on the July 31 agenda a resolution with the Council’s charter amendment for directly elected mayor, 2) to bring back a description of our present system and a measure to retain the present system and 3) to not bring back Mr. Covello’s rotation proposal.

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CERTIFYING THE PETITION AMENDING THE CHARTER

The City Clerk reviewed the history, procedures and  statistics regarding the petition amending the Charter  of the City providing for direct election of the mayor. She said staff recommended adoption of Resolution No.2001-87 certifying said petition.

Mayor Hudson opened the public hearing.

Victor Petersen said this should be the only mayoral measure on the ballot and questioned the motives and direction of the Council on placing various other options on the ballot.

The City Attorney said if the Charter is not amended, it is not changed. Therefore, if all of the items failed, the Charter would not change. He said of all of the measures pass, the election code provision states that when there are competing or contradictory measures the one that gets the majority votes prevails. He said that placing all options on the ballot was the legal procedure to follow.

Cm. Tatarka’s motion to adopt Resolution No. 2001-87 was seconded by Cm. Kinney and passed 4-0.

Certifying the petition amending the Charter of the City of San Ramon providing for direct election of the mayor

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SUBMITTAL OF CHARTER AMENDMENT 

The City Attorney stated that all the procedural requirements have been met to place the measure on the ballot and staff recommends that Council adopt the resolution.

Cm. Kinney’s motion to adopt Resolution No. 2001-88 was seconded by Cm. Tatarka and passed 4-0.

Submittal of charter amendment to voters

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MAYORS’ CONFERENCE 

Mayor Hudson said if anyone had any comments on items to be discussed at the August 2 Mayors’ Conference to please let him know.

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TRI VALLEY MAYORS SUMMIT 

Mayor Hudson said the four main issues discussed were water, sewer, power and transportation and suggested that all Councilmembers attend the next summit.

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TRI VALLEY MEETING

Mayor Hudson said a presentation was made to the five Council communities, Dublin, Danville, Pleasanton,  Livermore and San Ramon, on power generation..

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LIBRARY ADVISORY COMMITTEE 

Cm. Tatarka reviewed the meeting and spoke of donations received, the number of volunteer hours and the request for "student shelfers." She said at that meeting they had also discussed the future library at the City Center.

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ENVIRONMENTAL AFFAIRS ADVISORY COMMITTEE

Cm. Wilson said items discussed were compost distribution, hazardous waste collection, energy crisis update and  the workplan for 2001-02. He said the environmental mini-grant applications for California High and Walt Disney School were continued.

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LEAGUE OF CALIFORNIA CITIES

Mayor Hudson was chosen as the voting delegate for this year’s annual conference.

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Cm. Wilson read a letter he had received complimenting the San Ramon Police Department for its prompt, professional service during a recent incident.

Cm. Tatarka questioned the process for filling the vacant Council seat.

The City Manager requested a Closed Session be held at the adjournment of the meeting pursuant of §5497 of the Government Code, to discuss a personnel issue.

The Council unanimously agreed to adjourn to Closed Session.

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There being no further business to come before the City, the meeting was adjourned at 8:55 p.m. in honor of Bob Saxe, retiring City Attorney.

David E. Hudson, Mayor
Judy Macfarlane, City Clerk

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