A regular meeting of the City Council of the City of San Ramon was called to order on October 8, 2002 at 7:00 p.m. in the City Council Chamber, 2222 Camino Ramon, Mayor Tatarka presiding.

PRESENT: Councilmembers Dickey, Hudson, Wilson and Mayor Tatarka

ABSENT: Councilmember Cambra

STAFF PRESENT: City Manager Jim Randall, City Attorney Tom Curry, Police Sergeant Bryan Reynolds, Parks and Community Services Director Jeff Eorio, Senior Planner Charlie Mullen, Community Development Director Joye Fukuda, and City Clerk Judy Macfarlane

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Sergeant Reynolds led Council, staff and those present in the audience in the pledge of allegiance.

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Mayor Tatarka said a Community Workshop would be held at the Community Center on October 15 regarding the Civic/City Center. She invited residents to attend to help build the vision for the Civic/City Center.

The City Clerk spoke about the Third Annual San Ramon Habitat for Humanity Day to be held on October 19.

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Mayor Tatarka presented a plaque to Ken Mintz, External Affairs Manager for SBC/Pacific Bell, thanking him for support of the Education Program at Forest Home Farms.

Carol Rowley, Country Club Elementary School Principal, and students Kela Driggs, Danielle Vargas and Maile Driggs thanked the Council and City of San Ramon for the installation of volleyball courts at their school.

Ms. Rowley said the students had made a banner on which they had written poetry that talked about the volleyball courts, team work, spirit, pride and working together.

Mayor Tatarka read a proclamation declaring October 13-19,2002 as Teen Read Week and presented it to Ed Cheng, Vice Chair of the Library Advisory Committee.

Mr. Cheng spoke about the Teen Read Week program at the library and encouraged teens to sign up.

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The City Clerk said there were four vacancies on the Economic Development Advisory Committee (EDAC), two in the at-large category and two in the affordable housing category. She said two applications had been received and both of them would be eligible for the at-large positions.

Cm. Hudson made a motion to appoint Phil O’Loane to the Economic Development Advisory Committee for a term to run through February 2004 and Greer McVay for a term to run through February 2003 and direct the City Clerk to advertise for the remaining vacancies.

Cm. Wilson seconded the motion and it passed 4-0.

The City Clerk said there were four vacancies on the Environmental Affairs Advisory Committee, two regular members, one student member and a San Ramon Chamber of Commerce representative. She said four applications had been received for the regular committee member positions and one for the student member position. She noted one of the applicants, Greer McVay, had also submitted an application for the EDAC and had been appointed to that committee.

By Council ballot, Christine Tyler and Mary Schoen Wenzel were selected for the regular positions and Rebecca Smith as the student member.

Cm. Hudson made a motion to appoint Christine Tyler, Mary Schoen Wenzel and Rebecca Smith to the Environmental Affairs Advisory Committee.

Cm. Dickey seconded the motion and it passed 4-0.

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Rosalind Rogoff said there was a very nice insert featuring San Ramon in the Valley Times over the weekend. She said she found out that the City had paid approximately $20,000 for the center three pages of this insert. She said she could not recall where this was discussed or voted upon by the City Council at any of the last several Council meetings. She said it appeared as though this was approved by someone without going through the City Council’s approval. She said this brings to mind the situation that came up a little over a year ago where a small ad was put in the paper for the interim replacement for Ron Raab on the City Council. She said at that time she brought this to the Council’s attention at a meeting and was told by one of the Councilmembers that it was the right thing to do to bring it up at a meeting because the ad had not been approved by the Council. She said that ad probably cost a few hundred dollars and was City business whereas the Times insert was not and it cost $20,000.

Michelle Cowles spoke about Measure H, the measure to change to even year elections, and said it would save the City money and bring out a much larger voter turn-out. She said the San Ramon Chamber of Commerce Board had taken a stand against Measure H even though only 8 of the 21 members on the Board live in San Ramon. She said if Measure H fails in the next 18 years it will cost the tax payers of San Ramon over one-half million dollars. She urged a yes vote on Measure H.

Victor Petersen asked what the Council could do to correct misinformation about a Council vote. He said the opponents of Measure H appear to be against the extension of Councilmembers’ terms. He said voter turnout is an issue and not one of the opponents had ever championed the cause for even year elections. He asked could the reason for the low voter turnout in the odd year election be that the voters are upset that San Ramon is the lone hold out to go to even year elections. Could it be that they are upset that we make them go to the polls for just two Councilmembers when they can go in even years and take care of a whole bunch of business all at once. He said it was time to save money and consolidate with even year elections the way all the other agencies had done.

Pat Boom said she had found out that the Forest Home Farms Advisory Committee meeting had been cancelled for the fourth time and this meant that the advisory committee was not functioning and neither were any of the sub committees. She said she had appeared before the Council three times asking why the committee meetings had been cancelled and she had been given no answer, no response and no referring it to anyone else to have the problem solved. She said there is a vacancy and a questionable position on the committee and asked Council to please make a decision on either one of those issues. She said the members of the committee have a lot of information that they need to give regarding the restoration of the David Glass house, the construction and design of the school class room and the renovation of the Boone House. She asked the Council to please make a decision, any decision so that the advisory committee could go forward with the work it needs to do.

Del Nagel said at the January 16, 2002 Crow Canyon Institute (CCI) Board meeting Gene Nagel was instructed to set up a garden steering committee from the community gardeners. She said at the June 12 Parks and Community Services Commission meeting, CCI was directed to provide, with the increased fees, hoses and garden carts, in working order, for the community gardeners and to meet quarterly with the community gardeners steering committee and City representatives. She continued to say the hoses still leak, the old carts need work and the community gardeners are still waiting to hear from the CCI executive secretary garden coordinator.

Karla Robinson said she would like to commend the present City Council including Mayor Nancy Tatarka, Jerry Cambra, Donna Dickey and Abram Wilson for their willingness to look beyond bureaucracy and to take an interest in the citizens of San Ramon and the individual issues that may come up with them. She said as a result her appeal to rectify a wrong decision with regard to the Pine Valley Middle School sports field and parking lot project was upheld. She said it had been one month since her appeal had been upheld and asked staff when the first meeting was going to be held pertaining to the mitigation measures that were discussed the night of the appeal. She said she would like to resolve the issues as quickly as possible and would appreciate hearing from the City staff.

Pam Sullivan said she had been a resident of San Ramon since 1978 and had owned and operated her own business in San Ramon since 1984. She expressed concern that there was a misconception in the community that since the San Ramon Chamber of Commerce has said they were in opposition to the Measure H that that was the position of the Chamber members. She said she was also concerned who was purporting to have this opposition on the Chamber because the Chamber Board doesn't’ actually represent the majority of the citizens who live in the City of San Ramon. She said she was in favor of Measure H and in opposition to the San Ramon Chamber’s position.

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Cm. Dickey’s motion to approve the minutes of the July 23, 2002 meeting was seconded by Cm. Wilson and passed 4-0.

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Mayor Tatarka said in item 8.5, agreement for development of the TrivalleyJobs.com website, it states the estimated yearly cost would be $25,000 with San Ramon’s share to be $5,000. She said there are four cities and asked the Economic Development Manager to explain the math.

The Economic Development Manager said the share was prorated and was a combination of the number of residences and the number of businesses. He said we have about 20 % of the number of houses and businesses in the Tri-Valley region and that could conceivably go up over time.

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

Register of demands dated September 29 and October 6, 2002 in the amount of $2,385,775.68.

Resolution No. 2002-114
Authorizing the Mayor to execute a Grant of Easement and Joint Use Agreement with Shapell Industries for the maintenance oversight of the Gale Ranch Golf Course Detention Basin

Resolution No. 2002-116
Authorizing the Mayor to execute an agreement with the East Bay Municipal Utility District for the relocation of a 12" water main on San Ramon Valley Boulevard to allow for the construction of the Alcosta/I-680 Interchange Project (CIP 8144) in the amount of $117,500 and approving a 10% contingency

Resolution No. 2002-117
Approving the installation of a multi-way stop at the intersection of Castleton Court and Cuenca Drive under the Residential Traffic Calming Program

Resolution No. 2002-118
Authorizing the Mayor to execute an agreement between the Cities of Dublin, Livermore, Pleasanton and San Ramon for the development, Operation and marketing of the TrivalleyJobs.com website for FY 2002-03 in an amount not to exceed $15,000

Crow Canyon Road Traffic Signal Upgrade Project
Acceptance of work by Steiny and Company, Inc., for the Crow Canyon Road Traffic Signal Upgrade Project (CIP 7728) as complete and authorizing the City Clerk to file a Notice of Completion with the County Recorder’s Office

Volleyball Courts at Country Club School 
Acceptance of work by Bellicitti and Pellicciotti Construction Company, Inc. for Construction of the volleyball courts at Country Club Elementary School (CIP 5376) as complete and authorizing the City Clerk to file a Notice of Completion with the County Recorder’s Office

Contract Quarterly Report
City Manager and Designated Directorates Contract Quarterly Report July to September 30, 2002

Ordinance – Massage Services
Introduction of Ordinance – Regulating massage services and transferring administration from the Contra Costa County Sheriff’s Office to the City of San Ramon

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The Senior Planner introduced Chuck Jenkins, Vice Chair of the Aquatic Facility Needs Committee and said he would be making a report on findings of the committee.

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Mayor Tatarka declared a five-minute break.

Councilmembers Dickey, Hudson, Wilson and Mayor Tatarka were present when the meeting reconvened.

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Mr. Jenkins said the San Ramon Aquatic Needs Ad Hoc Committee was born out of the recent Royal Vista pool controversy that really underscored our need for an evaluation of long term, short term and immediate aquatic needs. He said after the nine member committee had met twice a week they had determined the aquatic needs for the City were very defined and obvious. He listed the committee’s charge and their study parameter. He said the committee’s review included; 1) existing facilities, 2) existing programs and needs, 3) potential sites, 4) immediate needs as well as short term and long term needs, 5) benefits of a City Center pool and, 6) fiscal implications.

Cm. Dickey said the report refers to a wait list for San Ramon pools broken down by residents and non residents and asked if there were a figure for residents who were able to swim.

The Parks and Community Services Director said because of priority registration for residents approximately 95% enrolled in the lesson program are residents.

Cm. Dickey said the fee recovery for the pool is listed at 45 to 55% of the annual expenditure and asked if there was a potential to increase this amount.

The Parks and Community Services Director said the highest recovery rate in the City for classes was for the Leisure and Enrichment Program which are fee based adult and children programs. He said this figure runs approximately 110 to 115% over cost. He said aquatics because of the safety and the life guarding staff that is required to be on duty along with the instructional staff, the cost recovery ratio drops substantially. He continued to say San Ramon’s lesson programs are priced competitively with similar programs in the area. A price increase could increase the cost recovery ratio a maximum of 55% to maybe 60% but he did not think 100% was attainable.

Cm. Dickey said she was interested in looking at other areas of cost recovery.

Cm. Wilson said to increase the fees could place a financial burden on the residents and therefore it would be non productive. He said the recovery of the leisure programs help to subsidize other recreation programs.

Cm. Dickey said she was merely looking into ways to recover more money and she was not directing staff to charge the residents more. She said the City is competitive and people like to come to San Ramon to use the facilities. She felt if we charged a few dollars more people in the community might be able to afford it if in fact it helped us to pay for a bigger, better venue.

Cm. Wilson said when the Parks Commission reviews the fees annually it is a constant battle back and forth whether or not the fees should be increased. He said the Parks Commission was very active in making sure that San Ramon is competitive as well as the programs paying for themselves.

Cm. Wilson recommended accepting the Aquatic Facility Needs Committee report and setting a future date for further comment and evaluation. He also recommended using the committee as a resource to come back in the future for further discussion.

Cm. Hudson said as a point of clarification, the City/Civic Center consultant was at this time looking into the possibility of putting an indoor pool in the City/Civic Center project on the 11 acres.

The Parks and Community Services Director said the Commission provided a written communication to Fisher Friedman when they accepted the Aquatic Facility Needs report but the architects would be waiting for final direction from the City Council.

Cm. Hudson said he concurred with Cm. Wilson’s recommendation that the Council receive the report and reagendize the issue to see if there is some direction to be given to Fisher Friedman as soon as possible.

Mayor Tatarka asked for clarification regarding the water space ratio of 450 to 1000 residents and how it came about.

The Parks and Community Services Director said when the City began the Dougherty Valley as a city developed project before it went to the County, the City staff and commission were concerned about making sure that Dougherty Valley would be able to hold its own in terms of parks and community facilities; that it wouldn’t become a burden to the existing San Ramon. Standards were set that were a minimum of current standards with the population base at the time in 1990 and projected what the ideal would be. These standards then became part of the negotiations for the Dougherty Valley to get the 6-1/2 acres per 1,000 residential park land, that there would be enough ball fields, soccer fields, aquatic facilities and the like to meet the demands to make sure that the residents in Dougherty Valley would not burden the existing residents and the Dougherty Valley would be self sustaining in terms of meeting recreational needs.

Cm. Dickey clarified that what the Parks Director was saying that by the time the Dougherty Valley was built out, the pool would take care of the residents in the Dougherty Valley but the existing area would still be hurting for water space.

The Parks Director said the calculation that was constituted as part of the report calculated that when the Dougherty Valley High School is built as a mirror image of what is currently at the San Ramon Olympic Pool and Aquatic Park then the City would still be 6,000 feet short of the aquatics needs at build out.

Cm. Dickey said there is a Dougherty Valley Settlement Agreement and until we are at built out we can not change anything with the park or anything else in that agreement. She said we would be looking at 20 years before maximum build out and we would be able to address this issue.

Cm. Wilson said that was not his understanding about Dougherty Valley. He said his understanding was that we could possibly negotiate early construction and asked if that were possible.

The Parks Director replied the high school was currently under design. He said a letter has been signed based upon the Capital Improvement Program recommendation from the City Council this year for a $2 million contribution to the Aquatic Center the high school would be building. He said staff was currently working with the school district to come up with a plan in the near future for a high school facility that would somewhat mirror the Olympic Pool.

Cm. Wilson said San Ramon was trying to work with the school district to make sure that some of the needs are met before total build out.

Cm. Dickey said she understood what was being said about the high school in the Dougherty Valley but her comments referred to the small pool in the park in Dougherty Valley.

Cm. Wilson said there was a possibility of working with the County on this issue. He expressed concern that if San Ramon builds a facility that is unique in this area outside communities will come to San Ramon to use the facilities and he did not see that issue addressed in the committee’s report.

The Parks Director said a 15% factor had been added when studying numbers. He said having quality facilities was a double-edged sword drawing people who want to enjoy the same benefits as the residents.

Mr. Jenkins replied the City had control over who would use the pool and what events would be scheduled.

Cm. Hudson said the report states that it was anticipated between 2006 and 2009 the construction of the aquatic facilities at the Dougherty Valley high school site were projected to open. He said he still believed that the high school and the pool did not have to open at the same time and he believed the pool could be open before the high school. He said in the City’s CIP for 2006 there will be $7 million and if that $7 million can not talk enough to get the pool open early maybe we need to push a little bit harder right now. He said the original Olympic Pool at Cal High was open before the school opened and he felt this could be done if we keep pushing.

Mayor Tatarka asked if under recommendations for immediate needs were there any suggestions.

The Parks Director said one of the suggestions was to expand the lesson program and investigate the purchase of a temporary affordable dome cover for the 25 yard lap pool.

Mayor Tatarka asked if he had any idea as to the cost factor?

The Parks Director responded it was not an inexpensive item, it was a six figure item.

Mayor Tatarka said another option listed was to rent additional space at existing private facilities in San Ramon and the report states that that was a problem some years ago when it was tried. She asked if that was a realistic recommendation for an immediate need.

The Parks Director said a number of communities offer lesson programs at the smaller homeowner association pools but one of the problems with this is there are not adequate parking facilities and restrooms and that was why the City was not using those pools. He said it was the committee’s recommendation that there are basically two pools with the possibility of expanding the lesson program, not recreational swimming just the lesson plan.

Mayor Tatarka said she wanted to know what the committee was looking at to determine the costs, specifically the $810,000 annual cost to operate the pool.

The Parks Director said in the Parks and Community Services Department budget there is a line item for the Olympic Pool and Aquatic Park which is the staffing and programming costs including salary overhead. The Public Services Department includes all of the utility costs and maintenance costs including the grounds maintenance. He said the total operational cost was about $1.3 million but approximately $500,000 is brought in annually as revenue. He explained the committee took today’s dollars and said if these three facilities were operating today, it is estimated at a minimum to be $2.4 million.

Mayor Tatarka said the cost for $16 to $20 million was for an indoor facility.

The Parks Director said an estimate from a firm that had built more indoor swimming venues than anybody else on the west coast for a 50 meter indoor complex in today’s dollars on the west coast was between $16 and $20 million.

Mayor Tatarka asked if the Facility Needs Committee actually looked at the possibility of building a pool and later converting it to an indoor pool.

Mr. Jenkins said that was one of the possibilities discussed at the meetings. He said they were focusing on year round use, which would be cheaper than an indoor pool.

Mayor Tatarka confirmed that an indoor pool was estimated to be twice the cost.

Mr. Jenkins said the committee had looked at the ultimate use of all types of swim meets, water polo meets, collegiate events and things that would really draw and pull in some international type events such as the Olympic trials. He said they were looking at something like that as a possibility which would also be revenue producing and increase income.

Mayor Tatarka asked if there would be a significant need for this type of facility to help offset some of the cost.

The Parks and Community Services Director said if the pool is designed for that type of purpose there are many events that could be hosted. He continued to say there would be a lot of revenue produced for hotels and restaurants with weekend use.

Cm. Hudson asked if the $800,000 line item for Parks and Public Works included a line item for reserves for equipment replacement or is that just for operating.

The Parks and Community Services Director said that is just the operating budget and not any other separate area.

Cm. Wilson said it was his understanding that San Ramon was too far from San Francisco to be considered for the Olympic trials.

Cm. Dickey said San Ramon could not be considered as a venue but maybe for practice.

Cm. Wilson said an indoor pool would be twice the expense and that is before the upkeep is even considered. He said it was a great report and it will have to be decided what is financially feasible for the City and priorities established..

Mayor Tatarka thanked the committee and staff. She said there has been a significant increase in the number of people who want to swim in the community.

Cm. Hudson’s motion to receive the Aquatic Facility Needs committee report was seconded by Cm. Dickey and passed 4-0.

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Cm. Wilson said he would hope that Cm. Dickey would make a motion to bring the tabled item on Forest Home Farms back to the Council for consideration.

Cm. Dickey made a motion to reconsider the Forest Home Farms item and put it on the October 22 Council agenda.

Cm. Wilson seconded the motion and it passed 4-0.

Mayor Tatarka said she had discussed putting this issue on the October 22 agenda with the City Manager.

Cm. Wilson said the Black and White Ball was fantastic again this year. He thanked everyone involved and especially Kathi Heimann of the Parks and Community Services Department. He suggested that everyone put this event on their calendar for next year.

Cm. Dickey encouraged residents to attend the City Center workshop to be held October 15 at the Community Center.

Mayor Tatarka said the Black and White Ball was a real team effort by staff and thanked everyone who was involved.

Mayor Tatarka said the October 10 Mayors’ Conference would be held in Oakley and encouraged all Councilmembers and Planning Commissioners to attend.

Mayor Tatarka said she had attended the Annual Conference for the California League of Cities and they had focused on a lot of things including items with a national twist as well as state issues.

Mayor Tatarka said she had received calls expressing concern regarding the research fee charged by the City. She said the fee was basically a research fee, if City staff had to compile additional information or to look up something that is much more detailed. She said the fee was first established by the City Council in 1993 at $35 and raised to $40 in 1997.

Mayor Tatarka said the City’s new Memorial Park was vandalized over the weekend. She said the park was dedicated on the first anniversary of September 11 and it was heartbreaking to see the damage.

The City Manager said the park was still under construction and the contractor found the damage that morning. He said the damage included broken benches, the newly planted trees were broken off and trash containers tipped over and damaged. The City Manager said the contractor had offered a $1,500 reward for information leading to the arrest of those who were responsible for the damage and the City would match the reward for a total of $3,000.

Cm. Wilson asked that anyone that knows anything about the vandalism to please call the police and their identity would be protected.

Mayor Tatarka said the City Manager had been taking notes regarding some of the issues brought up by the residents and asked him to address those issues.

The City Manager said he would like to respond to Ms. Rogoff’s comments regarding the Valley Times section featuring San Ramon. He said the level of City participation in the issue was discussed at the staff level and it was decided to purchase the center three pages for approximately $21,000. That amount was taken from the Economic Development budget from funds that were specifically budgeted for City promotional activities.

He said the City Manager has the authority to approve contracts up to $25,000 and the end product was an attractive feature that presented San Ramon very well.

Cm. Hudson asked the City Manager to follow up with a letter to Ms. Rogoff explaining this issue.

The City Manager said in response to Karla Robinson’s concerns that staff was working on mitigation efforts. He said staff would look at the situation to see if there is some additional protection with respect to the Robinson’s backyard. He continued to say staff was working on the issue around the wall, the lighting and the relocation of parking to minimize the impact to neighbors. He concluded by saying staff would get together with the neighbors and update them on the status of the project.

The City Manager said the issues regarding Forest Home Farms will be on the October 22 agenda to get the committee activated and moving again and felt that some of the capital improvements to the Glass House could begin to move forward even before the next Council meeting.

Mayor Tatarka announced there would be an event on November 2 at Diablo Country Club called "Celebrate the Children 2002" that would benefit the Valley Children’s Museum that will be part of our Civic Center.

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