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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING
February 12, 2002

A regular meeting of the City Council of the City of San Ramon was called to order on February 12, 2002 at 7:30 p.m. in the Fountain Room, San Ramon Community Center, 12501 Alcosta Blvd., San Ramon, Mayor Tatarka presiding.

PRESENT: Councilmembers Cambra, Dickey, Hudson, Wilson and Mayor Tatarka

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, Engineering Services Director Joye Fukuda, Transportation Director John Dillon, Economic Development Services Director April Gray, and Deputy City Clerk Susan Gibbs

* * * *

Mayor Tatarka said Council had met in closed session pursuant to government code §54956.9(a) to discuss existing litigation regarding Davidon Homes v. City of San Ramon.

* * * *

PLEDGE OF ALLEGIANCE

Mayor Tatarka led Council and those present in the audience in the pledge of allegiance.

* * * *

By consensus of Council, the "State of the City Address" by Mayor Tatarka was continued to the meeting of February 26, 2002.

* * * *

SPECIAL PRESENTATIONS

The Police Chief introduced new Police Officers Pat Bowen and Dave Williams.

The Parks & Community Services Director introduced new employee Teri Mountford, Program Manager, Senior Services/Specialized Recreation.

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

Rosemary Cameron, Assistant General Manager, East Bay Regional Park District, discussed Measure K, a parcel tax, to maintain and protect the expanding parks systems by funding four essential priorities, 1) environmental maintenance needs, 2) public safety, 3) restoration and protection of resources and, 4) improved public access to parks. She distributed a list of San Ramon area projects that would be funded by Measure K.

* * * *

CITY COUNCIL APPOINTMENTS

By consensus of Council, the City Council continued appointments to the Architectural Review Board, Community Cable Television Board of Directors, Environmental Affairs Advisory Committee and Transportation Advisory Committee to the February 26, 2002 meeting.

* * * *

PUBLIC COMMENT

Cynthia Jones, representing the Museum of the San Ramon Valley, announced a new exhibit "The Sword and the Cross," and thanked the City for underwriting the project.

Bob Patrino expressed his dismay about the Royal Vista Pool issue being pulled from the agenda. He read from minutes of the February 8, 2000 meeting where similar action was taken to keep an item on the agenda. He requested that Council consider adding this matter to the agenda, as it is time sensitive and said without the minor upgrades at the pool, the programs would not be able to continue.

Donna Kerger, former chair of the General Plan Review Commission, reminded everyone that the new General Plan was on the ballot and urged them to vote on March 5th. Ms. Kerger expressed her concern for and support of the Royal Vista Pool project. She read an excerpt from the proposed general plan, Section - Parks & Recreation, Implementing Policy, "Seek partnership opportunities with the private sector and with other public agencies to enhance park facilities and provide leisure time activities." She stated further this policy was very crucial and asked Council to reconsider the Royal Vista Pool Project.

James Hanafee said he had financial and legal concerns about the City becoming involved with the Royal Vista Golf Club. He stated this was a major change in land use and objected the proposed hours of operation, parking and traffic issues. He said the plan in its’ present form was tainted, poorly planned, and needed more study.

Bob Ingalls said he wanted everyone to remember to vote on March 5th. He expressed his concern and cautioned residents about bogus phone surveys. He encouraged the public to view the proposed General Plan 2020 either on the City’s web-site or in the City Clerk’s office.

Mayor Tatarka asked the City Attorney if there was any way the City could register who was actually conducting the phone surveys.

The City Attorney stated surveys conducted over public telephone lines could not be regulated, and there could also be first amendment issues that he would explore before advising.

The City Manager stated that the survey for the City Center Project conducted by the City will be presented to and approved by the Council so that it would not be misleading.

Mayor Tatarka said she had received speaker cards from Alisha Miller, Paige Barrett, Elyce Hansen, and Tom Jones, who stated their support for the Royal Vista Pool project, but did not wish to speak.

Dianne Schinnerer gave an overview of the establishment of the swim program at Royal Vista Pool. She said it was estimated that over the years 53,000 children had learned to swim there. She reminded those present that the pool facility had been built prior to any homes in the surrounding area. Mrs. Schinnerer asked the Council to think of the community as a whole, and to think of our children who would be affected by the pools closure.

Mayor Tatarka read the speaker card from Yvonne Rhoton, who questioned the ownership and financial feasibility of the City funding the Royal Vista Pool project.

The following residents submitted speaker cards in support of the pool, but did not wish to speak; Jennifer Meads, Sophie Silletto, Haley Roebuck, Chelsie (no last name), Sarah Flanagan, Desi Ferguson, Jaclyn Meads, Janey Haun, Mike Nevares, Lindsay Roebuck, Jeff Corbett, Ryan Loofbourrow, Kimi Noltensmeier, Kaily Loffbourrow, Renee Butruce, Paggy Loffbourrow, and Jill Jenkins.

Matt Haun spoke in support of the swim program and the positive affects it has had on his life. He stated programs like the Aqua Bears were good for the youth and created a sense of family in the community.

Mayor Tatarka said a speaker card was received from Fred Whitworth, who did not support the Royal Vista pool, and did not wish to speak.

Don Schinnerer said when he first heard of the Royal Vista Pool plan, he felt it was a good idea. He spoke of the many activities for San Ramon residents, its limited summer schedule and the wide range of ages the program has served for over 30 years. He urged the Council to see the enormous value of this pool to the community and to vote in favor of the project.

Mayor Tatarka recognized the following people who filled out speakers cards in favor of the pool, however, did not wish to speak; Paul Quincy, Walter Quincy, Dani Ferguson, Walt Trembley, Mike Thelen, and Amy Hansen.

Bill Hansen asked if it was true that the Royal Vista Pool item was originally on the agenda and then pulled off.

Mayor Tatarka answered that it was correct and requested the speaker to address the Council with specific comments, not questions.

Mr. Hansen asked why the Royal Vista Pool item was taken off the agenda and if the Council had any intention of placing it back on the agenda that night. He stated his daughters had been active participants in the swim program and expressed his concerns if the program was cancelled.

Mayor Tatarka read the following speaker cards that were submitted supporting the Royal Vista Pool project, however, did not wish to speak; Stephanie M.A. Wong, Linda Noltensmeier, Ann Charzuk, Kiki Charzuk, Kathy Hansen, Eric Torigue, Kelli Belle, Carly Hudson, Barbara Hudson, Kathy Otto, Terri Burton, Jeff Meads, Susan Thomas, and Carrie Kosnik.

Kendar Rom said she had been part of the Aqua Bear program since she was six years old and could not imagine what she would do with her summers if the pool was closed and the program cancelled. She said the Cal Hi Pool was fun, but too crowded and had too much chlorine in the water.

Ric Arenas said he was speaking in support of the Aqua Bears and keeping the pool open. He spoke of how many siblings share the swimming program and how it unites families.

Bruce Alexander said one of the reasons he lives in San Ramon is because of the family environment it provides. He said it was the right thing to do to keep the pool open and pointed out that there was no place for the Aqua Bears to go if this pool was closed.

Mayor Tatarka said the following residents submitted speaker cards supporting the Royal Vista Pool project, however, did not wish to speak; Cheryl Trembly, Ian Fisher and Kelsey Tetzloff.

Doug Bland asked for all the Aqua Bear swimmers present in the audience to join him at the podium. He spoke of how proud he was of all the swimmers and how disappointed they would be if the pool closed.

Stuart Thomas spoke of the positive affect the pool has had with his family and the establishment of family connections throughout the community. He said San Ramon should not be closing one of the two pools available, but should be making every effort to keep Royal Vista Pool open and to build more pools as well.

Annette Benavdies-Logan said she was giving her 5 minutes to Leslie Holland.

Patrick Logan said he did not understand what the rush was on this project. He said he was not against the pool nor was he against the City funding this project, but he wanted to have a closer evaluation of the costs involved.

Ted Otto said the community would suffer if the Royal Vista Pool closed and asked for the Council to reconsider this item.

Mayor Tatarka said Janice Hildreth turned in a speaker card in support of the Royal Vista Pool project, but did not wish to speak.

Rachel Hurd said not only was she a member of the Royal Vista Pool, she also lived adjacent to the golf course, and felt if would be a "win-win" for all if the City was involved with the pool.

Austin Fisher asked to keep the pool open.

Cindy Fisher said she was in charge of membership for the Aqua Bears and that each year the program was at capacity and had a wait list of over 50 swimmers. She said the Royal Vista program was great for building kids self-esteem and urged Council to keep the pool open.

Stephan Trembley said the Aqua Bears had been part of his life for the past 12 years. He spoke of the value of friendship, hard work and dedication, how he learned these lessons and now is teaching them through Aqua Bears. He pointed out there was no place for the team to go. He asked Council to allow the Aqua Bear family to stay intact and to put this important, pressing issue back on the agenda, even to just open up the discussion.

Mayor Tatarka said Patricia Nevares, Wendy Tetzloff and Dale Tetzloff submitted speaker cards in favor of the Royal Vista Pool project, however, did not wish to speak.

Courtney Jenkins spoke of how beneficial the Aqua Bears program has been for her swim career, the family atmosphere and family friends. She said this was not just a swim team, but a second home for all involved.

Jennifer Erhart spoke of the family atmosphere and the positive interaction between all of the age groups. She asked Council to not close the pool.

Marty Yeoman asked the Council to set some time aside to review this issue for the neighborhood. He felt the Aqua Bears program was a good thing and wanted to see the program continue, however did not want a private pool turned into a public set-up.

Scott Miller said many of the concerns voiced by the homeowners opposing the project were not directly related to the issues. He asked for the focus to be placed on the time sensitivity and suggested a modified work plan to ensure the team could practice and fulfill their normal season.

Mayor Tatarka said Alex and Alyussa Butruce turned in speaker cards supporting the Royal Vista Pool project, however declined to speak.

Charlotte Miller said she had lived in the neighborhood since 1965 and her family still swims recreationally. She said this pool is part of San Ramon history, and the City cannot allow the pool to be closed. She urged the Council to please put the Royal Vista Pool project back on the agenda and vote to adopt it.

Melanie M. Y. Wong said she has been on the team for nine years and can not imagine a summer without the swim team. She said the Aqua Bears was an extended family and described many of the activities and events held at the pool.

Mayor Tatarka said Darrell Gee submitted a speaker card in favor of the project.

Randy Wong said his daughters had been part of the swim team for many years. He said there had been only one call regarding noise from the start system and they accommodated the request by simply turning around the speakers. He stressed the time sensitivity of this project and said the deadline for sending out registration forms was February 26.

Charlie Quickest submitted a speaker card supporting the Royal Vista Pool project.

Ellen Pyle said she was against this proposal. She said there was a continual parking problem in her 29 home neighborhood that only had one entrance and one exit. She said she did not oppose the Aqua Bears but opposed making this facility public. She spoke of the danger of golf balls and said the Aqua Bears should have found an alternative location a long time ago. She told the Council the City should build a new pool in the northern section of the City where the growth is.

Dave Ferguson suggested permit parking be implemented in the neighborhood surrounding Royal Vista Pool. He said the Aqua Bears program supports kids, family and community and questioned if the driveway at the back of the lot, which is currently chained off, could be opened to provide a second entrance/exit to the facility.

Katie Hurst said she had been swimming for three years. She said she wanted to keep on swimming and asked the Council to please keep the pool open.

Mary Hurst said this has become a very emotional issue for all. She questioned whether or not there would be an additional parking problem since the program is at capacity now, and how many people would really use the Royal Vista Pool when the Olympic Pool and Aquatic Park is available. She said the City should have been working on finding an additional location for another pool a long time ago.

Dan Rom said there are few things in life that allow you to be a 17 year old kid again, and swimming is one of those activities. He said the Royal Vista Pool was so close to the Senior Center, the pool could be incorporated into the Senior Center Expansion Project. He said the solution is not to shut down the activity because of parking, because cars are part of all of our lives.

Steve Roebuck said San Ramon is a family oriented community and the Aqua Bears is steeped in tradition. He stressed the urgency to find a solution and his willingness to work with the neighbors and the golf course to use any tools available to keep the program going.

Leslie Holland said the Aqua Bears have been good neighbors and had no issues with the club. She said it is an issue of Royal Vista Pool becoming a public facility. She quoted estimated negative impacts on property values on the homes surrounding the facility and suggested the families of the swim team share the cost of renovating the pool themselves. She said reasonable alternatives, such as the rental of the Dublin Pool should be explored. She did not want her neighborhood to become a public thoroughfare.

Chuck Jenkins said golf balls, cars, money, parking, real estate values, and more have been discussed this evening. He said the main focus should be placed on strong community, school, churches, and swim teams that embrace family values. He implored the Council to vote in favor of this project.

Mickey Mergy said she does not live near the golf course nor does she have children who are part of the Aqua Bears. She stated that the needs of swimmers should not interfere with homeowners right to privacy. She urged Council to find a solution that did not include the City making this pool public. She said the money should be put into another pool while San Ramon is growing, and in need of more swimming facilities.

Quinn Nevares said it seemed the main concern was that Royal Vista would become a public pool and doubted if the small, six-lane pool would attract more attendance.

Marie Kosnick said the Aqua Bears should be able to stay. She had been a swimmer for 8 years and it was a great place to spend quality time with family and friends. She said she lives in Danville, but travels to Royal Vista because she loves the atmosphere so much.

Barbara Fridell said it takes a village to raise a child and the Aqua Bears is our village. She said the inconveniences were only a few days during the summer and wanted to see solutions rather than surrender. She stated 30 years of tradition is not easily relinquished and urged Council to put this resolution back on the agenda.

Michelle Cowles said she opposed the partnership. She was against the City stepping in to save the pool and objected to not being notified of this project. She questioned the financial sense of investing public funds in private property.

Jim Monroe said he was in favor of appropriate financial support by the City for recreational facilities. He said he felt City staff did not provide complete information and complimented Cm.’s Dickey and Cambra for requesting more information to properly study this proposal.

Greg Carr said he had reviewed the staff report on this project from the January 22, 2002 meeting and questioned the process and conflict of interest concerns. He said the staff report did not provide adequate information for Council to make a responsible decision. He suggested council not only find an interim solution but a long-term solution such as a swim center for the entire community. He made a suggestion to look at the south parcel of the City Center site.

Guy Dimonte said this should not be an emotional issue and he wanted to have more information regarding the effect to his property value. He urges Council to get more information to make a decision for the entire community not just for next year but the entire future.

Haley Roebuck said she just wants to have a pool to swim in. She said if the people opposing the pool had family on the swim team, they would have a different view on the project.

Amy Hansen submitted a speaker card in support for the project.

Lindsay Roebuck said she was 16 years old and had been swimming on the team for ten years. She spoke of long term friendships made being part of the Royal Vista Pool and that it breaks her heart to think the pool was going to be closed.

Dawn Ferguson said they were more than a swim team, they were a family and asked the Council not to break them up and please don’t send them to Dublin to swim.

Matt Pearson submitted a card in favor of the project.

Carol Rowley said this was an opportunity to add a wonderful amenity to the City, and encouraged Council to take immediate attention to this project.

Patti Davidson submitted a speaker card in support for the Royal Vista Pool Project.

Jeff Corbett spoke of the City’s support for the Cal Hi all weather track that is utilized by the public. He said there is no difference between the two projects as they are both beneficial to the community.

Mayor Tatarka read the following names in support of the Royal Vista Pool Project; Dianna Rom, Cynthia Jones, Lindsay Cachuli, Cindy Erhart, Paul Cachuli, Jeannine Paz and Mike Butruce.

Kathleen Rom said this pool was not only for the kids, but for the parents as well as they were there to make a difference in the children's lives. She asked the Council for their support of the Royal Vista Pool.

Natalia Miller showed the Council her gold medals and said it was a great place for family and social events, not just a swimming thing. She told the Council it was her life long goal to break the team record for breaststroke and if the pool was closed she would not be able to do so.

At 10:50 P.M., Mayor Tatarka announced we had finished all the speaker cards.

Mayor Tatarka asked the City Attorney for clarification on how an item not already agendized, could be placed on the agenda that night.

The City Attorney stated that under the Brown Act, the Council could only deliberate or decide upon items that are on the agenda. He said there are two ways in which an item could be added. The first was to declare it to be an emergency and put a non-agendized item, on the agenda. He stated that the law defines an emergency to be a natural disaster, a strike, or something like that. The second way an item could be added to the agenda would require a four-fifths vote from Council. He said Council could use this method by two findings, 1) that the need to take action is imminent, in his judgment, action needs to be taken prior to the next council meeting and 2) that the need to take action was not known at the time the agenda was prepared. Other than following those criteria, you can not add an item to the agenda and the council can not deliberate or decide upon any issue. He further stated that the public has a right to talk to any item within the Council’s jurisdiction, and that had already occurred this evening. He advised Council that their role, however, is limited to the exceptions just presented.

Mayor Tatarka asked the City Attorney to address the conflict of interest concern that was raised during public comment.

The City Attorney stated a member of the council or a public official cannot take action or participate in a matter if there are four particular categories that could create a conflict situation, and those are:

  1. Ownership in real property that is going to be affected by that decision;
  2. Ownership or stock in a business entity that would be affected by that decision;
  3. There is a salary that has been received from the business entity that is going to be affected by the decision;
  4. Having a role of management in a business entity that is going to be affected by that decision.

The City Attorney said the Political Reform Act recognizes as creating an actual financial conflict of interest that gives rise to the need to disqualify yourself.

Mayor Tatarka clarified that no Councilmember could discuss this or talk to this issue unless it is put on the agenda, and it is at the discretion of Council based on the emergency nature determined. She asked if it was permitted for a Councilmember to speak to staff on an item that was not on the agenda.

The City Attorney recommended if there is any discussion between a Councilmember and staff said discussion could occur during a recess.

Mayor Tatarka declared a 10-minute recess.

All Councilmembers were present when the meeting reconvened at 11:05 p.m.

Mayor Tatarka said after speaking to the City Attorney, it was permitted for Cm. Cambra to ask staff a question.

Cm. Cambra said he had a phone conversation with Steve Roebuck earlier this week and they committed to each other that the Aqua Bears would swim this season. He said during the break he spoke with the City Manager about the Aqua Bears using the San Ramon Olympic Pool for this season only. He said he would like to see the Aqua Bears swim at Royal Vista, but could not see it happening in its present form. Cm. Cambra directed staff to secure a swimming pool for the Aqua Bears swim program if they are unable to continue at the Royal Vista Pool.

Cm. Dickey said that Council was not against the Aqua Bears or against the team swimming but there were issues that needed to be resolved.

Mayor Tatarka asked staff if there was an opportunity for this to happen.

The City Manager stated he and staff would do whatever the Council directed him to do. He committed to Council to solving this problem.

The City Attorney answered Mayor Tatarka’s question by saying this item could be placed on a subsequent agenda.

Cm. Wilson said this item needs to be addressed as soon as possible. He said it has been established that there is no conflict of interest, we have all the data for this project, had time to analyze it and meet so the public can hear how each individual Councilmember feels about this project. He suggested that Council call a special meeting and agendize this issue.

Cm. Hudson said he would abstain from voting for a special meeting stating he would be out of town but re-emphasized his support for the project.

Mayor Tatarka stated she had been out of town and had not received complete enough information to make a decision on this project. She stated how moved she was by all of the passion expressed that night and apologized for the breakdown in the process.

Cm. Hudson reminded the Council how "time sensitive" this issue was and that they were being asked to put it back on the agenda that night. He said because it was not being placed on the agenda that night, that the pool project be agendized at the earliest possible time.

Cm. Dickey’s motion to agendize the Royal Vista Pool Project at a special council meeting to be held Thursday, February 21, 2002 at the Council Chamber was seconded by Cm. Cambra and passed 4-0-1 (Hudson abstaining).

City Manager said staff would meet with the Aqua Bears and Royal Vista Golf Course staff to review the proposal.

* * * *

APPROVAL OF MINUTES

Cm. Dickey’s motion to approve the minutes of the January 22, 2002 was seconded by Cm. Wilson and passed 4-0-1 (Mayor Tatarka abstaining).

* * * *

CONSENT CALENDAR

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

Finance
Register of demands dated January 18, 25 and February 3 and 10, 2002 in the amount of $1,234,569.07.

Resolution No. 2002-15
Approving a summary vacation of a certain 10,655 square-foot portion of excess right-of-way (located along the east side of San Ramon Valley Boulevard, just north of Alcosta Boulevard)
 and conveying this parcel to the Redevelopment Agency of the City of San Ramon

* * * *

Cm. Dickey’s motion to continue Items 10.1 and 10.2 San Ramon Senior Center Expansion Project to the meeting of February 26, 2002 was seconded by Cm. Wilson and passed 5-0.

* * * *

CITY CENTER CONSULTANT AGREEMENTS

The Planning Director said staff provided Council copies of contracts and invoices received and paid to-date for the City Center project. He stated the design team’s work was essentially complete and all the contracts authorized for the City Center project had been completed on a phase by phase basis. He stated there could be limited services required in the future with these same contractors due to their historical knowledge on this project.

Cm. Cambra expressed his concerns on the costs incurred to date for this project and verified with the Planning Director that the work was complete with CannonDworsky, and Anderson Brule.

The Planning Director stated there could be additional work involved with these contractors regarding the Valley Children’s Museum and the library, which would require separate contracts to be approved by Council.

Cm. Cambra expressed his concern for Turner Construction’s detached approach to this project. He stated his disappointment in their "not taking the lead," and observed they were virtually non-existent at the December 20th meeting. He said there had been only $55,000 invoiced in a five-month period and was disturbed that if the contractor was not detail oriented in invoicing his own business, how aware of critical details in our project could they be. He said the process has been slow, only recently updates have been made to the web site. He said there was no project schedule at all, and felt consultant selections should have been made according to the schedule. He said he was not on Council when Turner was selected and stated his discomfort with their performance. Cm. Cambra referred to an article in the San Jose Mercury News dated January 17, 2002, reporting that Turner Construction had been excused from the Milpitas City Hall project. He said he personally contacted an elected city official in Milpitas to verify the facts of the article where it was confirmed to be true. He referred to a 50% over run and delays in their project, which Cm. Cambra said was an example of the detached approach he spoke of earlier. He asked to move to terminate the City contract with Turner and select another project manager that will take the lead in this project and move forward. He referenced Section 20 of the contract that provided for "30 day notice to terminate the contract" and wanted this implemented immediately. He said we should take a look as to how we are going to approach this project and give a construction manager guidance on what we are looking for, after all, we have been talking about this project for 10 years.

Cm. Cambra made a motion to direct staff to immediately give Turner Construction written notice of contract termination as required under Section 20 of the contract.

Cm. Dickey seconded the motion in order to discuss. She spoke of being unaware of this situation and was appalled.

Cm. Hudson questioned if anybody had notified Turner Construction and did not want to take any action without the contractor being present.

Cm. Wilson said he did not feel comfortable making that decision tonight and stated his desire to have a representative of Turner Construction present to address this matter.

Cm. Dickey read from the newspaper article that Turner Construction was fired for incompetence.

Mayor Tatarka said since Turner Construction was not present and this was new information to Council, she requested that the contractor come before Council to deal with this in person.

Cm. Cambra said he had personally substantiated the information in the article and he was comfortable with this action. In addition, he said the newspaper article confirmed his observations of Turner’s performance since September.

Cm. Cambra withdrew his motion and the item was continued to a future Council meeting where Turner Construction could be present for discussion.

* * * *

BI-ANNUAL COMPENSATION SURVEY REPORT

The Administrative Services Director said the "Final Report of the Total Compensation Plan Recommendations for the City of San Ramon," prepared by Koff & Associates was consistent with the City’s "Pay for Performance Compensation Plan" policy. He stated the report had been reviewed and recommended by the Internal Operations and Finance Committees. He recommended Council approve Resolution No. 2002-08.

Cm. Cambra said the idea of giving a salary increase during a recession is a difficult one and explained why he felt it was appropriate. He stated that San Ramon was growing and the demand for services was also growing. Very often we don’t hire to cover this growth, but we ask more of our existing employees and they have come through for us every time. In 1996, he said, we adopted the "Pay for Performance Compensation Plan," and there were no adjustments for San Ramon employees in 1997, 1998 or 1999, when the economy was booming and the private sector salaries were increasing. He said once again in 2001 no adjustment was made; the City employees do an outstanding job and it is truly their turn now. He expressed his concerns about the underlying principles of the policy, but felt is was not the appropriate time to hold up a contract with our fine employees to discuss the changes. He listed his concerns as follows; 1) this policy does not consider economic conditions, we do not give increases in good times and we withhold them in bad, 2) this policy does not address organizational inconsistencies that include appropriate span of control and cumbersome levels of authority, 3) this policy does not adequately address directors' salaries, 4) this policy is based upon the false assumption that San Ramon must pay 25-30% more than other cities to attract and retain good employees. He said he has asked the Administrative Services Director to review these concerns and bring them back to Council for discussion in June.

Cm. Cambra’s motion to adoption Resolution No. 2002-08 to implement market adjustments to the City’s "Pay for Performance Plan," was seconded by Cm. Dickey, and passed 5-0.

Resolution No. 2002-08
Implementing Market Adjustments to the City's "Pay for Performance compensation Plan"

The Administrative Services Director made note to Council that the benefit enhancement for the PERS service credit for the sick leave conversion requires an amendment to the contract so it will be coming back to Council in the near future for amendment.

Cm. Wilson requested that any consideration for revisions to the City’s "Pay for Performance Plan" be channeled through the Internal Operations and Finance Committees prior to coming before Council.

* * * *

RESOLUTION OF SUPPORT OF MEASURE P

The Planning Director introduced a resolution supporting Measure P, the new general plan for the City of San Ramon.

Mayor Tatarka asked the City Attorney as a Council, can we support Measure P individually or as a Council.

The City Attorney answered Mayor Tatarka’s question stating that under the current law, the City cannot use its financial resources to participate in the electoral process (i.e. sending out fliers) but it does not prohibit the Council or individual Councilmembers from showing support. He said the City can provide purely factual material to the public regarding a ballot measure. He further stated that Council’s adoption of this resolution by no means would negatively affect the current lawsuit with Davidon.

The Planning Director answered Cm. Cambra’s question by saying the last informational brochure was published in August 2001.

Cm. Hudson said he would like to follow prior Council policy by not endorsing a measure. He spoke of the hard work and dedication of the General Plan Review Commission. He stated he would abstain from voting on this resolution upholding Council’s prior promise not to interfere with the GPRC.

Cm. Dickey stated she watched and participated in the process and wanted to show her full support of the plan.

Cm. Wilson complimented all involved, staff, residents, and the past council who had courage to appoint people with different ideas. He said the residents requested that City Council has no interaction with the GPRC, and he has refrained from involvement. He expressed concerns with endorsing a measure that was closely aligned with current litigation. He said he personally supports Measure P, however, as a Councilmember, would not vote in favor of this resolution.

Cm. Dickey’s motion to adopt Resolution No. 2002-18 supporting Measure P – San Ramon 2020 General Plan was seconded by Cm. Cambra and passed 3-1-1 (Wilson dissenting, Hudson abstaining).

Resolution  No. 2002-18
Supporting Measure P San Ramon 2020 General Plan

* * * *

MAYORS’ CONFERENCE

Mayor Tatarka reviewed the meeting that was held in Brentwood. She announced new conference appointments and said only one city (San Pablo) in Contra Costa County did not commit its support to "Shaping our Future."

* * * *

TRI-VALLEY TRANSPORTATION COMMITTEE

The Transportation Director advised Council the new chair of this committee was the City of Dublin, and discussion of the Strategic Expenditure Plan had been continued until the next quarterly meeting in April.

* * * *

SENIOR CITIZENS ADVISORY COMMITTEE

Cm. Wilson spoke of the Friday night supper club at the Senior Center, announced Esther Lucas was leaving the Senior Center and her replacement was Teri Mountford. He asked for volunteers to assist with the Senior Gardens.

* * * *

SOUTHWEST AREA TRANSPORTATION COMMITTEE

Mayor Tatarka announced she had been appointed the representative from SWAT to the CCCTV.

* * * *

FOREST HOME FARMS ADVISORY COMMITTEE

Cm. Dickey said the main focus of the meeting was the visioning of the Glass House. She also requested volunteers to assist with rose pruning at the Boone House.

* * * *

There being no further business to come before the City, the meeting was adjourned at 12:02 A.M.

Signed:

Nancy Tatarka, Mayor
Judy Macfarlane, City Clerk


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