A regular meeting of the City Council of the City of San Ramon was called to order on July 31, 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 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, Senior Planner Charlie Mullen, Senior Transportation Engineer, Phil Agostini, Economic Development Manager, April Gray, and City Clerk Judy Macfarlane

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Mayor Hudson said the Council had met in closed session pursuant to Government Code §54957.6 to discuss the personnel evaluation of the City Clerk.

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

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Victor Petersen complimented the City on its website and asked if the entire agenda packet could be made available on-line.

Christa Freihofner, said there was a need for more trash receptacles in the construction areas on Mangos Drive. She also said in anticipation of the upcoming election, she was concerned about the accessibility for voters whose polling place was on Estero Drive.

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Cm. Tatarka’s motion to approve the minutes of the July 24, 2001, meeting was seconded by Cm. Kinney and passed 4-0.

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

Authorizing the Mayor to execute an agreement with Valley Crest for installation of the landscape improvements at Golden View Neighborhood School Park in an amount not to exceed $127,000

Acceptance of Coyote Crossing Park (Parcel "C" of Final Map 8132) for City maintenance (Shapell Industries/The Bridges at Gale Ranch)

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PROPOSED CHARTER AMENDMENT 

The City Attorney said two resolutions had been prepared at the request of Council; 1) addressing the issue of putting the mayoral election on the ballot and 2) giving the voters the option of retaining the current system of mayoral selection.

Mayor Hudson opened the public hearing.

Rosalind Rogoff complimented the City on its website. She commented on Article III of the City Charter and said she felt that it had been violated. She suggested the current mayor and prior mayor compile a list of duties and this list should become a part of the citizens measure on the ballot.

Donna Dickey said she was confused regarding the Council’s position on the election of mayor. She said she felt it was time for the City to make a change, however the resolutions being discussed were not sensible.

Victor Petersen said the citizens measure should be on the ballot on its own. He further stated that the issues outlined in the proposed resolutions were unclear and would only confuse the voters.

Jim Blickenstaff reiterated his request to let the petition of the residents speak for itself and live or die on its own merits.

Bob Ingalls said the citizens group felt the Council had rejected their offer soliciting assistance with their measure and felt the Council’s measures were just going to confuse the voters.

Jerry Cambra retracted his statement made early in July that he welcomed any opportunity for the residents of San Ramon to vote for their mayor. He pointed out discrepancies he felt were in the Council’s proposed resolutions for the November ballot.

Mayor Hudson closed the public hearing.

Cm. Tatarka said the only issue that seems to be debated was term limits. She said that since the Council could not reach a consensus on this issue the only logical and simple thing to do would be to adopt an ordinance with the verbiage of Mr. Covello’s rotation. She said then this ordinance would be in place if the residents’ initiative failed.

Cm. Wilson reflected on the comments made by Cynthia Jones at the July 31^st meeting referring to the history of San Ramon and reminded everyone of a past citizens’ initiative that was threatened and the long rang effects suffered because of the then Council’s action. He said that the citizens’ and Council’s proposal brought forth negativity and ego gratification and he could not support either.

Cm Kinney said he did not support the citizens’ initiative or either one of the Council’s proposed resolutions.

Mayor Hudson said the biggest problem surrounding this issue was misinformation. He stated that the initiative on the ballot was not a residents’ initiative but that of three candidates. He said regardless of the system for selection of mayor, a job description must be established.

The City Attorney stated if both measures were approved to be on the ballot, the measure receiving the most votes would prevail. He stated that by placing all measures and/or issues on the ballot, while it may appear superfluous, it is legal and it expresses the intent of the Council.

Cm. Kinney’s motion to deny adoption of Resolution No. 2001-96 was seconded by Cm. Tatarka and passed 4-0.

Cm. Wilson’s motion to place Resolution No. 2001-97 on the ballot was seconded by Mayor Hudson. The motion did not pass on a 2-2 vote (Cms. Kinney and Tatarka dissenting).

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PROPOSED GENERAL PLAN AMENDMENT

It was the consensus of Council to adjourn to Closed Session to discuss a letter received from Davidon Homes regarding the proposed General Plan amendment.

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APPEAL TRAFFIC IMPACT FEES 

The Senior Planner stated on May 15, 2001, the Planning Commission adopted Resolution No. 03-01, approving the traffic impact fees for Sierra Suites Hotel. He stated the applicant has appealed one condition for several specific fees that relate to traffic impact fees.  

The method of calculation of the credit existing at the site was reviewed by the Transportation Director. He stated the appeal was based on using trip generation estimates. He presented a comparison of charges for existing hotels in San Ramon that proved to be consistent with the calculations for the appellant. 

The Senior Transportation Engineer reviewed alternative formulas and asked Council for direction.

Mayor Hudson opened the public hearing.

Todd Muenter, appellant, said the fees calculated were unjust when you compare to the traffic generated from the Rusty Pelican, which was a very successful restaurant, to those of Maestro’s, which was not. He said that he should be paying $4,000 versus $285,046. He said the credit given to "existing use" was way too low and that San Ramon was a fairly new city and needed to review the methodology of the traffic impact fees. He also confirmed there would not be a restaurant in the hotel complex.

Mayor Hudson compared the fees charged for the Marriott Courtyard and Homestead, Extended Stay, noting all were in excess of $200,000 and questioned the rationale used for the $4,000 figure. He said the traffic generated by a hotel was not just the guests, but employees, special meetings and general business that all add to the base figures used in the calculations.

The Transportation Director said that main purpose for traffic impact fees was to finance road improvements at the local and regional level that are needed to accommodate redevelopment. He said if fees mandated by ordinances were not collected as outlined, the citizens would have to absorb the costs.

Victor Petersen, said he felt this was a loophole for the City to bring out the old cash register and they should look at existing traffic and existing revenue as well.

Mayor Hudson closed the public hearing.

Cm. Kinney’s motion to approve the appeal and adjust the fees to $113,086 died for a lack of a second.

Cm. Tatarka suggested paying the difference with Redevelopment money.

Cm. Wilson said if the Council approved the $285,000 figure then they were actually taking redevelopment money and giving it to other entities and he was not in favor of that.

The Transportation Director said there was an alternative calculation that would drop the fee from $285,000 to $250,000.

Mayor Hudson said there were two other possibilities, deny the appeal or assess $257,044.

The Transportation Director asked for clarification on the amount of trips to be credited from the existing restaurant. He asked that staff be given time to recalculate the fees and come back with the number.

Cm. Wilson’s motion to continue this item to the next meeting was seconded by Cm. Tatarka and passed 4-0.

The City Manager said that staff would come back at the next meeting with a proposal that could be justified under the City’s ordinance. He said the fee would be based on the direction of the City Council.

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The Council convened to closed session.

All Councilmembers were present when the meeting reconvened.

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Mayor Hudson said the Council met with the City Attorney in closed session and decided to continue item no. 8.1, resolution authorizing the submittal of the San Ramon 2020 General Plan to the voters for the November 6, 2001 election, until a future date based on information received after the agenda was posted.

The City Attorney said a recent case by the California Supreme Court substantially changed the law as to the applicability of CEQA to initiative measures. He said basically as he read that case and the process that had been contemplated before the case which was to complete the CEQA process after the general plan adoption was placed on the ballot that process was in serious jeopardy by this particular California Supreme Court ruling. It was his advice that the safer way to proceed was to not put the General Plan on the ballot until the CEQA process has been completed.

Cm. Wilson’s motion to continue the item was seconded by Cm. Tatarka and passed 4-0.

Mayor Hudson said he had received two speaker cards on this issue and they would be notified when this item was on the City Council agenda.

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INTERIM CITY COUNCIL APPOINTMENTS

Cm. Tatarka said she agendized this item under City Council  Business to make sure that the process of Councilmember  appointment was decided at the Council level. She said the minutes of the July 10 Council meeting and the July 9 CTV Council Call-in did not answer her concerns. She said a resolution was passed at the July 10 meeting calling for a special election on the November 6, 2001 ballot to fill the vacancy of Ron Raab. She said included in that resolution was the statement that the City Council retains the authority to fill the vacancy on an interim basis with a person appointed serving only until the day of the special election. She said the key words were "the Council retains the authority to appoint" and asked where has the Council exercised the authority to appoint a person to fill the vacancy, where and when was the vote taken. She asked is it not the process for the Internal Operations Committee to review the procedure and make recommendations to the Council for discussion and vote. She said clearly there was a process that was not followed allowing for the public input as to whether we should exercise our authority for appointment. She said since the deadline for application had passed she asked that the item be agendized for discussion with public input and voted on at the Council level.

Victor Petersen said there had been no agendized item that he could have spoken to where the Council was trying to decide if it wanted to exercise the option of placing an ad and having the vacant Council position filled with an interim position. He said he felt basically the gun was jumped and someone had interpreted retaining an option as exercising an option. He said it was only retained at the Council level and never exercised and he felt all applications received to date were null and void and the process had not even started. He said he would like to see the Council agendize the item for the next Council meeting and go from there.

Mayor Hudson asked the Council if they wished to appoint an interim City Council member.

Cm. Tatarka said she wanted public input and discussion because there were some citizens that had expressed views that they did not want an interim appointment. She said the Council needed to follow the process.

Cm. Wilson asked what the process was followed the last time this issue arose.

The City Manager said the last time an interim appointment was made the matter was brought up at the Council level and the Council made a decision that evening not only to review and discuss who was available but also to make the interim appointment that evening.

Cm. Wilson said the continued discussion was negative and not positive and recommended appointing someone for the four month period.

Cm. Tatarka said the process was the same one used for the Planning and Parks and Community Services Commission recruitments.

Mayor Hudson said the application process closed at 5:00 p.m. that day and asked the Council if they were going to interview these people. He said it was Cm. Raab that said the interim Council appointment should be made the first meeting in August.

Cm. Tatarka said the resolution states that the Council retains authority and asked the City Attorney if that meant that the decision must come from the Council level.

The City Attorney said he was not really prepared to answer that question.

Mayor Hudson said there were six applicants and asked the Council if they wished to interview them.

Cm. Tatarka asked how the deadline was determined.

Mayor Hudson said the question was do you wish to interview the six applicants.

Cm. Kinney said he knew all six applicants, they had been interviewed for other positions and he did not wish to interview them again.

Cm. Wilson said he would like to interview them because he felt each one would be unique and each one should be given the privilege of an interview.

Cm. Tatarka said she also wished to interview the applicants but she was bringing to the Council’s attention that she felt they had violated the process.

Cm. Kinney said we did this last time all in one night and asked was the same ordinance in effect then as now.

The City Manager said yes it was but we weren’t a Charter City at the time.

Cm. Kinney said if the Council would like to interview he would have no problem but he would like to have the interviews scheduled and an appointment made at the next Council meeting.

It was the consensus of Council to schedule the interviews for the interim City Councilmember on Friday, August 3 at 6:00 p.m. at City Hall.

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There being no further business to come before the City, the meeting was adjourned at 8:55 p.m.

David E. Hudson, Mayor
Judy Macfarlane, City Clerk

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