A regular meeting of the City Council of the City of San Ramon was called to order on March 12, 2002 at 7:30 p.m. in the City Council Chamber, 2222 Camino 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, City Clerk Judy Macfarlane, and Parks & Community Services Division Manager Esther Lucas

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Kristina Dalling, Shayna Friedman, Jessica Guevara, Darian Keeps, Johanna Lamboy, Jasmine Scofield, and Melissa Wright from Brownie Troop 2700 - Bollinger Canyon School, led Council, staff and those present in the audience in the pledge of allegiance.

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Eric Hubbard, Fire Prevention Specialist, San Ramon Valley Fire Protection District, presented an overview of the 72-Hour Community Response Program. He said the program organizes neighborhoods to become self-sufficient in the event of an emergency or natural disaster.

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Esther Lucas, Division Manager – Recreation Services, reviewed the interview process for the Arts Advisory Committee and presented the recommendations to Council for consideration.

After Council ballot Cm. Wilson’s motion to appoint Mark Ballock, Shelley Bingham-Barry, Terry S. Cunningham and Elizabeth Benson-Vdom to the Arts Advisory Committee was seconded by Cm. Dickey and passed 5-0.

The City Clerk reviewed the specific requirements for appointment to the Economic Development Advisory Committee.

After Council ballot, the Council appointed William Dunlap, Mary Hanson, Barbara Kuklewicz, Alexander Mourelatos, and Ron Clause, to the Economic Development Advisory Committee.

The City Clerk stated there were five openings in addition to the student member position to be appointed to the Environmental Affairs Advisory Committee.

After Council ballot, Tim Attoe, Cliff Garratt, Tim McAnulty, Norman Rhett, Mark Janke and Caitlyn Hughes, student member, were appointed to the Environmental Affairs Advisory Committee.

The Division Manager presented the applications and recommendations for appointment to the Library Advisory Committee.

After Council ballot, Cm. Cambra’s motion to appoint Yvonne Kimber, Nancy Kreiser and Elizabeth Monroe to the Library Advisory Committee was seconded by Cm. Dickey and passed 5-0.

The City Clerk said there were 14 applicants for the Transportation Advisory Committee with three positions open and asked Council to complete their ballots.

Cm. Wilson’s motion to appoint Gordon Kimber, James Monroe and Philip Mouser to the Transportation Advisory Committee, was seconded by Cm. Dickey and passed 5-0.

Mayor Tatarka thanked all applicants for their interest in serving on these committees.

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Bill Clarkson, a resident of San Ramon for 24 years, said after the City of San Ramon’s incorporation and 18 years of productive government, we have enjoyed a level of service and amenities that have been unparalleled in this Valley. He thanked the City staff for their efforts and dedication to the City. He said this was the direct reflection of a well-managed government that had overseen a multitude of incredible sites we enjoy today. He said he felt the greatest recipient had been the contributions made to the schools and the leadership and funding from the City had created a real community. He closed by saying this was the best-managed city in the Valley.

Roz Rogoff said she had posted on her web site, (www.sanramonobserver.org) information on county grants available to families. She said in order to qualify, you must attend an informational meeting on March 18^th, in Danville. She also questioned the timeliness of the closed session scheduled at the end of the meeting that night, and reminded Council of the Brown Act requiring Council to reconvene to announce the results of the closed session prior to adjournment.

Bob Patrino asked Council the status of the RDA Resolution passed at the January 22, 2002 meeting that authorized funding of the Royal Vista Pool project. He expressed his thanks to the City staff for all of their hard work and professionalism, and said they are the tapestry that binds the City together. He further stated that leadership comes from the top, not from the Mayor, Council, or any advisory committees. He closed by saying San Ramon was respected not only in the Tri-Valley area, but throughout the State of California as well.

Victor Petersen said he supported the Council’s decision to terminate the contract with Turner Construction. He presented a historical voting record of the Council beginning in December 2001, and challenged comments made regarding a three-way alliance on the Council. He stated regardless of the tenure of each Councilmember, he believed that each Councilmember voted with the best interest of the City and its resident at heart.

Patricia Boom said she felt strongly about the high quality of City staff. She stated it was difficult being an elected official and even more difficult being a politician. She said with 17 years in an elected position, and having sat in each of the chairs on the dais, twice a mayor, she wanted to read a passage that had provided guidance to her. " The person who uses political power to force others to conform to his ideas seems inevitably to become corrupted by the power he holds. In due course he comes to believe that power and wisdom are the same thing and since he has power he must also have wisdom. At this point he begins to lose his ability to distinguish between what is morally right and what is politically expedient."

Sandy Barclay said as a resident living at "ground zero" (across from the Larwin Pumping Station), Herb Moniz had been a tremendous help to her family. She said he is an asset to the community and we need to keep him on staff.

Mayor Tatarka received a speaker card from Yvonne Rhoton and read her statement that expressed dismay over the series of events that took place regarding the City Center and Turner Construction. She read further of Ms. Rhoton’s concern over the validity of the contract with Turner Construction that was authorized by Resolution No. 2001-126 (Authorizing the Mayor to execute a contract with Turner Construction for project management services for the City Center Project in an amount not to exceed $453,706) that was not signed by our mayor, but by a councilmember and expressed her grave concerns about the City and it’s staff conducting business in this manner.

Diane Schinnerer said the direction the Council appears to be going had her gravely concerned. She said the City staff was highly respected, not just in our immediate community, but the Bay Area in general. She said the moral of the entire staff was kept at a peak level by the city manager. She expressed her concerns and dismay about what she had observed at recent meetings by Councilmembers being rude and condescending to staff. She said she felt that everybody lost, especially the children, with the poor decision Council made regarding the swim program at Royal Vista Pool. Ms. Schinnerer continued with comments regarding Turner Construction, and asked Council if anyone had questioned the Milpitas Council or investigated what caused the cost overruns in that project. She said she discovered that Milpitas councilmembers had been calling up and personally ordering Turner Construction to make individual change orders. She stated that communication with contractors was a staff function, and during her 12-year tenure in public office, she had never spoken to a contractor, and she did not expect one to speak directly with her, it was solely a staff function. She suggested that Council step back to reflect on how they were operating as a group. She recalled when they were first elected, she spoke with each of them about dealing with issues and asked them to remove personalities from the equation. She stated to the Councilmembers that they don’t have to be friends, but that they are professionals and should be able to talk about issues, make decisions about issues and if they lose, forget it and move forward.

Christy Winter, President, San Ramon Chamber of Commerce, said she was speaking specifically to offer support to Herb Moniz. Ms. Winters said she was speaking for the business community and the Chamber of Commerce, and expressed their highest regard for Mr. Moniz. She remarked that he has demonstrated leadership and management capabilities that proved year-after-year he was well suited for this job. She expressed her desire that this strong working relationship would continue with Mr. Moniz as the City Manager.

Gordon Kimber said he wanted to clarify issues surrounding Turner Construction, so he perused all of the City of Milpitas minutes which led him to the find that Turner Construction only participated in 10 of the 27 meetings. He focused on two topics regarding attendance and performance, and read excepts from the minutes that were directly related to Turner Construction not being present at meetings to ask questions from Council. He stated the minutes also contained numerous items of concern other that the cost escalations that Turner had been faulted for, which were inadequate performance and lack of communication. He said an example to illustrate inadequate performance was noted at their meeting of January 15, 2002, where rain damage had been discussed. He read excepts that described Turner Construction ordering sheet rock to be installed in areas that were not weather-tight; the rain damaged the sheet rock, and subsequently significant mold problems occurred which delayed the project. He read further that the mold problems continued even after the damaged sheet rock had been removed. He said it was recorded in the minutes that Mr. Thompson of Turner Construction was willing to admit there was no leeway to indicate Turner was working on the basis of an unrealistic plan. He said the essential issue surrounding the City of Milpitas revoking the contract was for non-performance which gave him no reason to believe Turner would do better in San Ramon.

Curt Kinney said while San Ramon was approaching its 20-year anniversary, this Council had done more harm in three months than any other council in San Ramon history. First, he said, the decision made regarding the Royal Vista Pool project lost a great opportunity to provide a swimming facility for our residents. He questioned why funding had been approved at the Redevelopment Agency meeting, then turned down at the Council meeting. He said it appeared there had been enough information to make a decision at the RDA, then moments later, at the Council meeting there was not enough information. He next addressed the dismissal of Turner Construction and stated their hiring had been approved by four members of this Council. He said Turner’s lack of performance was simply because they had been given nothing to do. He told the Council that they had humiliated the City Manager and staff by saying they did not get adequate staff reports. He stated during his 10-years with the City, two-years on the Planning Commission and 8-years on the City Council, he had always received complete information. He said while he did not always agree with the staff reports, he never intentionally made staff or the City Manager look bad. He inquired about when the residents would be able to vote on the financing of the city center and if we were ever going to get a City Center. He told Council if they continued down that path, they may want to look up the "r" word. On a final note, he said the Parks & Community Services Commission had spent hours reviewing, interviewing and making recommendations for committee appointments. He expressed his dismay that Patricia Boom was not re-appointed and stated without her efforts, the City would not have Forest Home Farms. He stated his amazement that three councilmembers had come up with the same three people on their ballots, and none of which had been recommended by the Parks Commission.

Cynthia Newland, representing New-Trio Dance Theater, extended an invitation to "Daring to Dance" on May 9th at the Regional Center for the Arts in Walnut Creek. She said that in addition to the California High School dance team participating, there would also be dancers with disabilities performing.

Jim Monroe said for many years the City had been run by the developers who wanted to build and the Chamber of Commerce who encouraged the developers as it promoted more business. He faulted the City staff who he said consistently published biased reports stating they were always giving preference to the developers. He told of how he had spoken in protest many times before the Planning Commission and the City Council, and felt that the biggest appeal the City ever had, contained a staff report so fraudulent he almost went to the State of California Attorney General. He praised the Council for making the right decision regarding the Royal Vista Pool project and said he felt the City was going in a different direction now, and was not being run by and for the developers.

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Cm. Dickey’s motion to approve the minutes of the February 26, 2002 meeting was seconded by Cm. Cambra and passed 5-0.

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

Finance

Register of demands dated February 17, March 3 and 10, 2002 in the amount of $1,667,622.85.

Resolution No. 2002-17

Authorizing the Mayor to execute Contract Amendment No. 1 to the agreement with Kattenburg Architects for architectural design services for the San Ramon Senior Center Phase II Expansion Project (CIP 8522) in an amount not to exceed $186,000

Resolution No. 2002-23
Landscaping and Lighting District No. 1984-1 Describing new improvements and ordering the district engineer to prepare and file an Engineer’s Report for FY 2002/03

Resolution No. 2002-24

Authorizing the Mayor to execute an agreement with Flora Tech Landscape Management, Inc., for the provision of citywide and special assessment zone landscape maintenance services for an annual amount not to exceed $326,292

Resolution 2002-25

Accepting certain roadway improvements for Shoreline Drive as complete and for maintenance (CIP 7185), accepting various rights-of-way and easements containing Shoreline Drive improvements (Essex San Ramon Partners LP & Shapell Industries, Inc.), and authorizing the opening of Shoreline Drive to through traffic

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The Engineering Services Director said staff recommended the City Council conduct a public hearing regarding a discussion for scheduling and timing to complete and construct the following projects within the Iron Horse Trail right-of way within the City of San Ramon, 1) Central Contra Costa Sanitary District (CCCSD) Force Main Project, 2) Dublin San Ramon Services District/East Bay Municipal Utility District Recycled Water Authority (DERWA) – San Ramon Recycled Water Project, and 3) Pacific Gas & Electric (PG&E) Fiber Optic Telecommunication Project. She said each of these projects would require the issuance of an encroachment permit from the City and the fees that would be collected would be in accordance with the City’s fee schedule.

The Engineering Services Director said at the February 26, 2002 Council meeting, the Council had received written correspondence from the CCCSD regarding the possibility of a joint project with DERWA. At the same meeting, the Council had received a special presentation from PG&E regarding the Fiber Optic Telecommunication Project.

The Engineering Services Director said the Central San Force Main Project was part of a settlement agreement to provide sewer service to the Dougherty Valley. This project, she said, would provide a sewer pipeline from the District’s Larwin Pump Station, and would go under South San Ramon Creek, up the Iron Horse Trail and terminate at a point just north of Norris Canyon Road. She said the schedule was built around coordination with the school district to have construction activity not occurring on the Iron Horse Trail while school is in session. Additionally, she said Central San had met with the School District and they had agreed not to conduct any summer school activities at the school during this summer season. She described the Force Main Project having a 24" diameter pipeline and the scope of Central San’s encroachment permit would be for the tunneling under South San Ramon Creek, 4 public roadway crossings with the Iron Horse Trail (Montevideo, Bollinger Canyon Road, and Norris Canyon Road which would be tunneled, and Executive Parkway which would be an open trench construction). She said Central San had already secured a 12 foot wide easement from Contra Costa County and had completed their environmental certification for this project as of September 1996.

The Engineering Services Director said the DERWA project has been supported by the City of San Ramon by adoption of Resolution 1997-36, involving construction of pipelines, including the Iron Horse Trail from Dublin up to Crow Canyon Road. There is a section that was coincident with the Central San Force Main Project but there are other pipelines outside of the scope of the Central San Force Main Project that still needed to be constructed. She said the DERWA pipeline ranged from 12-16" in diameter, and stated at that time DERWA had not secured right-of-way from Contra Costa County who was the title owner of the Iron Horse Trail. She informed them that DERWA had completed their environmental certification as of December 1996.

The third project, she continued, was the PG&E Fiber Optic Telecommunications Project that involved a ½" diameter fiber optic cable. She said it was proposed that this fiber optic line be mounted on existing transmission towers that were located within the Iron Horse Trail. She said PG&E stated installation of this line would occur in Spring 2002, and take approximately two weeks. The scope of the City’s encroachment permit would cover four roadway overhead crossings; Del Mar Drive, Montevideo Drive, Bollinger Canyon Road, and Norris Canyon Road. She reminded Council at the February 26, 2002, Council meeting, PG&E had been asked to investigate the undergrounding of this fiber optic line.

The Engineering Services Director informed Council that on February 27^th, City staff, conducted a meeting that included the City, EBMUD, DERWA, Central San, two representatives from Contra Costa County, Windemere BLC, and a representative from the East Bay Regional Park District to discuss the coordination of these projects. She summarized the meeting as follows:

1. DERWA provided a map showing its Phase 1 Recycled Water Project and the limits of a joint project with CCCSD. The map showed that a joint CCCSD/DERWA project would be just a portion of the overall Phase 1 Recycled Water Project.
2. A joint CCCSD/DERWA project would require a delay in CCCSD’s current force main schedule. The delay would be required to design the DERWA pipeline installation. Per California health and safety requirements, the DERWA recycled water line and the CCCSD sewer force main must be separated and cannot be installed in the same trench.
3. CCCSD has met with the San Ramon Valley Unified School District to discuss the force main project. Construction activities near the schools adjacent to the Iron Horse Trail will occur during the summer. The School District will not schedule summer school activities at these schools for this year. To coordinate a schedule delay for DERWA and limit construction adjacent to schools during the summer months, will result in a one-year delay in the force main schedule. Thus CCCSD would complete its construction in December 2003 instead of December 2002.
4. CCCSD stated that a combined CCCSD/DERWA project would require further environmental certification for the joint project. Prior environmental certifications by CCCSD and DERWA addressed individual projects but not a joint project.
5. CCCSD stated that after December 2003, its projections show that the existing force main may not have sufficient capacity to contain the estimated design peak wet weather flow and they had concerns regarding any delays to complete the force main project after December 2003.
6. The Agreement to Settle the Sewer Litigation specified a schedule for the force main construction and changes to the specified schedule would require an amendment to the Agreement that would need the approval of all of the "Settling Parties." At the February 27^th meeting, Windemere BLC stated that they would not support any changes to the Agreement.
7. The City advised PG&E of an existing buried conduit that was installed by GST Corporation within the Iron Horse Trail right-of-way. PG&E said that it would investigate the possibility of utilizing this existing conduit.
8. PG&E said it would not be able to share the same trench with the CCCSD force main due to future maintenance access requirements.

The Engineering Services Director informed Council that over 1,900 public hearing notices had been sent to residents along the Iron Horse Trail corridor. She said there were representatives from Central San, DERWA, and PG&E in attendance to answer questions.

Cynthia Jones, representing DSRSD/DERWA answered Cm. Dickey’s questions by saying the recycled water pipe would be installed four feet to the side of the installation of Central San’s pipe and it had not been decided if the pipe would be to the left or right side of the Central San pipe. Ms. Jones said the design has been under way for a number of years, but they still need to obtain the right-of-way from the county. She stated they hoped to obtain support from the Council to assist them in obtaining the right-of way and coordinating the construction of the pipes simultaneously.

Cm. Hudson questioned a statement in the staff report where PG&E said they would be unable to prepare a design for a buried facility and obtain the necessary easements from Contra Costa County without adversely affecting Central Sans’ project schedule. He asked if there was anything from PG&E stating that they could not or would not bury their facilities or if it this was a scheduling issue.

The Engineering Services Directors said at the February 27 meeting PG&E stated they could not meet this schedule.

Mayor Tatarka opened the public hearing.

Cheri Ng said she was confused as to the progress of the sewer project. She expressed her concern for more residents being inconvenienced by the construction on the Iron Horse Trail when the first phase of the sewer project was still incomplete. She said three-construction projects along the trail was unacceptable.

Roz Rogoff said she didn’t care about the PG&E line being installed on the existing towers. She stated it was just a ½" line, and one more line was not going to be a big deal. She said she would rather have an emergency cable that connects PG&E to their rescue center than not having her view impaired. She spoke in favor of the DERWA pipe and encouraged the two agencies to cooperate with each other to complete these projects in a timely fashion.

Cynthia Jones, DSRSD/DERWA, said Laura Johnson, Authority Manager was in the audience, to address specific questions from Council. She said it was a great opportunity for DSRSD and Central San to work together and hoped Council would support the project. She said recycled water had been promised to the City for years, and she said it was going to happen. She stated they had received a $5 million grant from the State and a $19 million low interest loan also from the State to put this pipe into the ground. She said they want to coordinate the installation of the pipe with the City’s repaving program. She also said that DERWA is a joint agency of EBMUD and DSRSD.

Cm. Hudson asked if the only thing holding up DERWA was approval from the County.

Ms. Jones replied that if the City wanted Central San to stay on the current timeline, DERWA could meet it if they had to. She said, DERWA had to obtain an agreement from the County. She also said Central San had agreed to work with DERWA.

Ms. Jones answered Mayor Tatarka’s questions by saying all of the funding for this project was in place.

Cm. Wilson asked what direction was needed so the County understands this proposed project would benefit everyone.

Ms. Jones said she had spoken with County Supervisor Donna Gerber the night before and Ms. Gerber had expressed her support for the two utilities working together on one line. She suggested that City staff and the Council could direct Country County staff to expedite this project.

Ms. Jones confirmed for Cm. Hudson that a separate EIR conducted for this project had already been completed.

Cm. Dickey verified there were separate EIR’s for each individual agency and questioned if there needed to be a combined EIR prior to conducting this joint venture.

Ms. Jones confirmed each agency had its own EIR, and all they were asking the City was to allow them to do the work at the same time.

Cm. Wilson said if a joint EIR was required, it would delay this project.

Cm. Dickey said she wanted to make certain that a joint EIR was not mandatory for this project.

Ms. Jones said she could not answer this question and referred it to staff.

Mayor Tatarka said a speaker card had been received from Pat Snider, who stated he was against any fiber optic cable being strung on the PG&E towers.

Paul Mitchell inquired if PG&E was going to bid additional clarifications at this meeting. If so, he said, he wanted to be able to respond to their comments.

The Engineering Services Director confirmed that PG&E was present and they were prepared to provide an update.

Paul Mitchell thanked the staff for their assistance. He said he supported PG&E’s ability to recover from a disaster, but he wanted to support a change in the implementation plan because he did not feel they had picked the best option to hang a fiber optic cable. He stated this was a redundant cable, not a primary use cable. He said it appeared that there were no visible overhead primary cables entering their building, so it was his assumption that those cables were under grounded. He reiterated that PG&E was going to underground the cables from the Iron Horse Trail to their building and they were going to hang cable in front of everyone else’s windows, but not their own. He said if PG&E had notified the public earlier, they would have been able to explore other alternatives such as a satellite link. He said he continued to advocate for under grounding, and suggested Council delegate this item to staff, with direction to deny the encroachment permits for overhead fiber optic cable installation unless no other reasonable alternative existed. He stated at that time there was no notice of a scope change to put that cable underground and it had just been talked about as a topic two weeks ago.

Christa Freihofner said San Ramon was a spider web of power lines. Because of this she said, a few years ago the City Council implemented an underground policy. She stated her amazement that PG&E, knowing that, came back and put that fiber optic on their power lines. The said the fiber optic telecommunication lines had nothing to do with power at all. She questioned if an outside company came in and wanted to use those towers to expand their fiber optics capabilities, would that be approved. She stated because this was a policy, the cable should be under grounded.

Buck Jones, PG&E, said the matter was not closed. He advised Council that PG&E had actively investigated a number of options to include working with DERWA, and at that point in time he could not reveal, for proprietary reasons, what they were doing in the area of negotiations. He said he should be able to present or deny an alternative plan within two weeks. He asked for all involved to not lose faith while they pursued other options, and promised to present in two weeks or sooner the outcome to the City’s staff.

Mayor Tatarka asked if one of those options would be the under grounding of the cable.

Mr. Jones confirmed that one of the options they would be exploring was the under grounding of the cable.

Mayor Tatarka closed the public hearing.

Mayor Tatarka said there were a number of decisions that had to be made and requested clarification from staff what they were looking for.

The Engineering Services Director said staff wanted direction on how to proceed. She said the agencies would be approaching the City requesting encroachment permits.

With respected to the DERWA - Central San coordination, the City would contact the County to investigate the right-of-way matter. However, the Central San schedule was set by the settlement agreement and the parties to the agreement wished to adhere to the schedule to start construction in June 2002 and to complete December 2002. With respect to the encroachment permit for Central San, the question staff had is whether would be issued ministerially or whether permit conditions would come back to Council for approval. With respect to the fiber optic project based on PG&E’s comments, staff would come back to Council to report on their alternative plans.

Cm. Hudson said Christa Freihofner was absolutely correct when she stated there was an under grounding policy in the City of San Ramon. He also referred to Cheri Ng’s comments on the continued unsightliness of the Central San Sewer Tunnel Project. He said no matter how many times Council had to do it, an update and review of that project needed to be scheduled before Council and the public. He said what we were dealing with was actually in the encroachment permit process and would not even come to the Council.

Cm. Hudson continued discussion regarding the projects on the Iron Horse Trail. He said

Central San had put a new pipeline down the Iron Horse Trail back in 1987. He stated Central San was ready to proceed in June and had written agreements from everybody. He stressed the importance of coordinating all projects to take place in June so the residents would not have to experience the inconvenience again. He said that Central San’s project would not being be delayed. He said it was a matter of getting approval from the County, which Cynthia Jones from DSRSD stated was required. He expressed his desire to see direction that the City Manager, Mayor Tatarka and he (because they both had worked on the settlement agreement), call Donna Gerber and her staff at the County, to see if they could obtain immediate approval and not delay the June start date. He said the start date was specifically scheduled after the Cal Hi graduation ceremony. He said that they could not build a huge line coming in with the sewer and leave the old line going out because that would create the possibility of a backup.

The City Attorney expanded on Ms. Fukuda’s earlier comments, confirming the schedule was in the settlement agreement and would require agreement with the parties to alter the agreement.

Cm. Hudson said it was more than just the settlement agreement. He said the Council Chamber had been filled with concerned residents at the encroachment permit hearing, and if changes were going to be made, everyone needed to be notified and he didn’t think that was the direction the Council wanted to go.

The City Manager said to follow up Ms. Fukuda comments, we had a settlement agreement and had held encroachment permit hearings with CCCSD. He continued by saying we had heard from a DERWA representative that all they would need is approval from the County for right-of-way in three months. He concurred that if both Mayor Tatarka and he spoke with John Sweeten and Donna Gerber, they may be able obtain temporary occupancy permits. He said the DERWA project was going to proceed in stages, so all they needed to do was get approval for the one section, in the way of the pipe, and it did not necessarily have to be installed in the same trench. He said if Central San was agreeable to work with DERWA, there would be three issues

1. Wait two weeks to hear about PG&E
2. Contact the County immediately to see what can happen to do that section
3. Subject to the settlement agreement, issuing the encroachment permits to move forward with the project.

Cm. Cambra questioned if we do proceed down that road, what would the time frame be to put together the combined EIR.

The City Manager said while it was just supposition on his part, the combined EIR could just be for joint trenching. He stated if separate trenching was done concurrently, there would be no need for a combined EIR.

Cm. Dickey asked if they were speaking about a joint trench because it states "per California Health and Safety Requirements DERWA recycled water line and the Central San Sewer Force Main must be separated and cannot be installed in the same trench".

Cm. Hudson, said he asked the question earlier, do you have an EIR and are you ready to go. He said Central San had an EIR and were ready to go and DERWA had their EIR. He said what they don’t have is a combined EIR. He said the main objective was to not tear up the Iron Horse Trail twice, but to get it done at the same time whether it is in the same trench or not.

Cm. Wilson said the main fact was not to have the construction work done twice. He said that was what they were working on, whether it was in the same trench or separate trenches, just as long as the work was being done simultaneously.

Laura Johnson, Authority Manager for DERWA, said this was a clarification point, and referred to Central San staff . She said it was her understanding of the needs to comply with the CEQA requirements, based on the fact that both projects had certified EIR’s separately, that there would be a need to do an amendment that would notice for a 30-day period the intent to conduct a joint project. She said that based on that 30-day period, at the closure of that 30-day time process, it would to allow for public comment that would meet the needs of CEQA.

Ms. Johnson said this would have less of an impact on the community. Their idea was to have Central San’s contractor actually lay the DERWA pipe, do the work, and they would reimburse Central San.

Ann Farrell, Central San, stated they were ready to go out to bid, their design was complete and expressed concerned that DERWA could complete their design in time for the Central San contractor. She said their contractor would be preparing their bid in the next several weeks on this project. She did not think this was simply a right-of-way issue, she said there was also a lot of work that needed to be done.

Mayor Tatarka said it sounded as though there needed to be more discussion before they could proceed, other than give direction to try to get these people together to get this to happen. She shared that after a meeting between herself, the City Manager and Donna Gerber, the county supervisor had expressed her willingness to assist and expedite the process at the County level. She asked if anyone else felt that there needed to be more discussion before direction was given.

Cm. Hudson said they had a legal agreement to work on this project starting in June. He said it would either start June 2002 or the project had to be postponed for a year. He suggested putting the onus back on the other people – starting with the County – to get this thing moving. He said if DERWA did not have the design ready to start the construction located by Cal Hi, but could be ready to catch up at Montevideo, at least they were still moving in the right direction. But, he said, we had made a lot of promises on an issue that was not favorable in the community, and said he didn’t want to start changing things. He said the main issue being discussed was trying to do a joint use project. He said Central San had a legal agreement and recommended connecting it together, including the under grounding.

Mayor Tatarka and the Engineering Services Director agreed that this matter needed to return to Council in two weeks.

Cm. Hudson asked the representatives from Central San, DERWA and PG&E, if there had to be a 30-day notice. He asked if there was any advantage to doing that at this time, even though the project might not be done soon.

The City Manager replied that this was not our project. He said DERWA had to act immediately to coordinate with Central San. He said this was not the Council direction, but DERWA’s.

Mayor Tatarka declared a 10-minute recess.

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All Councilmembers were present when the meeting reconvened.

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The Planning Director said the staff report was to initiate some discussion relative to the City Center project. At the conclusion of discussion, staff recommended that Council provide direction to staff so the City Center project would continue to move forward. He reminded Council of a number of changes that had occurred relative to the City Center project. First, the Council modified the previously approved Master Plan Concept by moving the city administrative offices and council chamber to the 7+ acre parcel across Bollinger Canyon road. Secondly, the contract with our previous design team, CannonDworsky, was no longer in effect. Thirdly, the Council at their last meeting terminated the contract with Turner Construction for project management services. So, as a result, he said staff was seeking Council direction on all three issues.

The Planning Director stated on a separate but related issue, staff had been directed to initiate the process to conduct a survey and said that process had begun. He said staff had interviewed several firms that responded to the City’s request for proposal. He said the survey was intended to solicit the public’s response with regard to their interest and financial support, such as a bond issue for the construction of a new library and performing arts facility. He advised Council that staff was prepared to continue and was seeking direction on this issue as well.

He continued stating in regard to our new General Plan being in place, this included Bishop Ranch 2 as part of our City Center site. He said this was accomplished through the general plan process and with the support of Sunset Development in that process. He said this presented an opportunity to plan and include other land uses that perhaps were not previously contemplated, and provide flexibility in the design. He said overall this provided an opportunity to plan not for just the immediate future but further beyond, thus being more in line with the new general plan which was a 20-year horizon period.

The Planning Director said in terms of the master planning concept, possibilities may include some of the Chevron Park property that runs along Bollinger Canyon Road, a parking area as potential expansion for the City Center area, and even thinking further ahead, the ability of looking at the entire Bollinger Canyon corridor. He stated that these were just possibilities and while a decision on this issue would not be necessary that evening, he hoped that discussion would ensue so that some decision could be made to enable further progression with the master plan for the City Center. He said concerning the design team, we did not have one currently and said there were a few options that could occur. He stated one option would be staff could assemble a design team, utilizing local talent in our community that had experience and knowledge in the design of mixed use developments. He stated that could occur in several weeks and would require Council approval of the work scope, scheduling and budget. He said another alternative would be to issue a RFP (request for proposal) as had been done in the past, which was quite a bit more involved and the process would take several months. Additionally, he said, regarding project management, we would be in the need of project management services. He said a few reasonable options the City could take were the City Council interview the other five firms that were previously considered, which could occur over a several week time period with the ultimate selection by City Council. He said the other option could be to issue RFP’s, which could also take several months. He stated that all cases would necessitate the City Council’s approval of any budget, work scope and scheduling. He said he had attempted to summarize the issues, provide a list of the issues to assist in guiding their discussion, and asked for direction from Council.

Mayor Tatarka asked what was the purpose of the map included in the staff report.

The Planning Director stated the accompanying map was to show the entire Bollinger Canyon corridor, which showed the 11-acre site that had been the predominate focus of the City Center plan. As mentioned earlier he said, by moving the city administration offices and the council chamber to the 7-acre site across Bollinger Canyon Road, the master planning effort had been expanded. He continued by saying that Bishop Ranch 2, which had the existing office development on the northwest corner of Camino Ramon and Bollinger Canyon Road, would be part of that new city center site identified in the general plan. He said the opportunity that was proposed or suggested, the parking lot, Chevron Park is just across the street from Bishop Ranch 2, was a possibility, if that was something the Council deemed appropriate. He stated that staff could initiate dialogue or perhaps solicit their interests, but again, this was "thinking outside of the box." He stated that it was just an idea that the area could be expanded to not only include the four corners of that intersection, but perhaps further west or east. He reminded Council that at some point in time direction on the scope of the master planning as well as the other issues of the design team, project management, etc., would be needed.

Cm. Cambra asked the Planning Director to forward him the information regarding Bishop Ranch 2 in the new general plan.

Cm. Dickey said she did not find the information on Bishop Ranch 2 in the general plan and inquired about his meeting with Sunset.

The Planning Director said this had been part of the General Plan Land Use maps since July 2001. He stated Cm. Cambra had been part of that committee and had been aware of the process. For the Council’s information, he said, on the first page of the staff report, it was indicated there were various policies in the Economic, Land Use and Public Facilities and Utilities elements of the general plan, which had been depicted in the land use map of the General Plan showing it had been expanded to Bishop Ranch 2.

Mayor Tatarka said this was not a public hearing, however, she had received several cards of people wishing to speak.

Bob Patrino said he had some concern about the dismissal of Turner Construction, however, the results of this action would not be known until the project was complete. He said project management was his profession, and he reviewed various components which he felt were necessary for successful projects, including requirements of city expectations from both staff and/or contractors. He stated the need to be clearly focused on going forward and we were getting close to the panic stage. Mr. Patrino expressed concerns of conflict-of-interest and favoritism for the remaining candidates for project manager. He said he was fearful that the reason Turner Construction had been dismissed was possibly do a favor for friends or political allies and he did not want that to be the case. He recommended inviting prior candidates for project manager to be interviewed for consideration and that all future interviews be public and conducted during evening hours to maximize attendance and to promote honesty and openness.

Mark Ballock said he felt the right decision had been made to terminate Turner Construction as the project manager. He said it seemed that there had been mishandling of the procurement process and the management of the contract with Turner which turned out to be a costly mistake for the City. He said we cannot repeat this mistake again and it would not do any good to point fingers. He stated that there was a perception that this project was stalled over this issue and we needed to move forward to regain control. He said he felt it was evident that the City staff did not have the expertise to oversee the implementation of the details of the contract of the project manager therefore a different approach needed to be taken. He suggested an advisory committee or commission be established to oversee the details of the new project manager. This committee would be made up of 5 residents of San Ramon, with professional knowledge in large scale professional building construction, engineering, finance and contract negotiations, 2 members of the City Council, City Manager, City Attorney and city staff would join the team. He said their charge would be to oversee the bidding process, awarding of contracts, implementation of building process and following through the project until completion. This committee would convene twice per month, the chairman, one councilmember, city manager, project manager would meet once per week for an update from the project manager. It was also his opinion the search for a new project manager be made public and presentations by the prospective entities be open to the public. He said references needed to be checked and reviewed, even if that meant out-of-town trips. He said that by learning from this mistake the future of the project would be of strong management and lead to a healthy construction process.

Cm. Cambra said there were several questions relative to the City Center project that needed to be answered, 1) no where had he seen how we managed this project; how we hired a project manager, hired architects, conducted studies, architectural reviews, potential site plans but how do we manage the project. He asked what were the decisions that needed to be made; what information was necessary to continue and move forward. He asked how they could include all of the appropriate people in the process – i.e. city council, staff, project managers, community. He suggested the appointment of a two member committee of the city council to advise the project manager, to advise city council and to review issues between scheduled council meetings to provide interim direction to the project manager only where the issues were administrative not requiring the entire council decision. He said it could be called the Civic Center Advisory Committee, or a steering committee, and this committee could have up to five non-voting members, with the presence of the project manager. Cm. Cambra said the city manager needed to be on to committee for the required coordination of city staff involved in the project. He suggested that up to three residents - who are practicing professionals, i.e., architects, civil engineers, structural engineers, general contractors, project managers, construction manager, etc., be appointed by the council and felt that with that group, we could get the answers to the basic questions that we have never asked and then be able to move it forward. He said there were other things that were going to be required of design, obviously, and we did have some time frames we were working on especially with the library project and the grant. He said we needed to have somebody on board in terms of some design work, and agreed with Mr. Ballock supporting public interviews on everything.

Cm. Dickey said we should have our own project manager and suggested using headhunter to assist in recruitment. She expressed her vision of having a project manager who would oversee the project and construction, the hiring of the contractors, report directly to the city council and work with staff. She said maybe the person could be hired as a contract employee with a reasonable hourly wage, not a percentage of the project.

Cm. Wilson said we need a vision for the future and we need to regain our focus and establish a schedule. He said the bickering was going to stop. He said the residents of San Ramon wanted this City Center and we had a goal as a Council to build a City Center. He expressed the need for a project manager, for someone to take control of the project and to keep the Council apprised. He said he supported the committee that was suggested earlier and it was his desire to move forward to the completion of a City Center.

Cm. Hudson said he liked the suggestions that staff had proposed, but listening to the comments made regarding the establishment of a committee, he would like this proposal presented in written form for consideration. He said we need to decide if this is going to be called a Civic Center or City Center and said when they met in December we were going in one direction. He said we need to provide direction on what we want to do. He asked if we need a project manager for a library, or just a performing arts theater, or are we going to continue with the same plan that we had in December. He said he would like to take a look at the proposals made by Cm.'s Cambra and Dickey in the form of a written staff report.

Mayor Tatarka asked staff where the term Civic Center had come from with having Bishop Ranch 2, an 11-acre site, a 7.5-acre site and now possibly Chevron. She said she tried to figure out where that came from or how that had come about and said this was the first time she had seen it.

The Planning Directors stated it was just an idea, "out of the box" thinking, and they were just suggestions or ideas for the future.

Mayor Tatarka stated that the public was aware that the Civic Center site was 11-acres and 7.5 acres. She said it was premature to bring the other things into play. She said we are trying to do a civic center with civic facilities for our residents, and that has been the focus since 1998. She expressed her concern on the timing elements and stated there were advisory committees and foundations working on funding raising for the library and children’s museum and she did not want to thwart their efforts. She agreed with Cm. Hudson that it was premature to discuss the establishment of an advisory committee tonight. She stated her desire to move forward said she was looking to staff for direction besides a project manager, and inquired when would an architect get on board, and stated she was not seeing this direction at all.

Cm. Hudson stated going back in the history of this project 10 years ago, we did the needed studies. In 1997 when the first plan came through, it was not 11-acres, it was 100 acres, and 11-acres was just the core. He said when we got the 11-acre group together, it did not work out, and the City was able to secure 7.7-acres across Bollinger Canyon Road. He said the "out-of-the-box" thinking that we were hearing that evening included the possibility of looking at an additional 14-acres. He said the City Center we are talking about was the entire strip. He said if we are going to make decisions, he would like to see the proposals in writing. He said the Council could wait two weeks and decide between the two proposals. He stated he was ready to vote on what was recommended.

Cm. Wilson said he was not comfortable with making a decision that night. He said he felt they were brain storming and that this was a beginning of a civic center/city center. He said they were cognizant of the performing arts theatre and their need to start funding. He stated this is the genesis, and while he was pleased that staff felt comfortable with the project, this was the time for the entire Council to become familiar with what has happened in the past. He said the Council should consider all of the elements but not to the point that we lose focus on getting this project done and getting on a schedule.

Cm. Dickey said it was not anyone’s intention to make a decision that night. She said this was basically informational, to throw out ideas, and give direction to staff. She stated that no one wanted to lose sight of what had been accomplished so far. She stressed the importance of staying focused on the acreage we have been discussing for the last few months and the last few years, with the caveat that the other acreage provided potential for future decision. She stated her desire to move forward and agreed with Mr. Ballock’s concern about fund raising for the library and children’s museum. She said she wanted to come back in a few weeks, after everyone had had a chance to digest the information and maybe at that time Council can give some direction for the first steps. Cm. Dickey stated her surprise over the additional 14-acres stating that was a very big thing and she needed more time to think about it.

The Planning Director stated the staff report accomplished just what is was supposed to do, and that was initiate discussion among the Council. He stressed the importance of the decisions to be made. He said in moving the project forward, there was the need to get a master plan done first. Once the master plan is done, you know what the components are, how they will blend and complement each other.

The City Manager said the Council Finance Committee may want to consider this at their March 20 meeting, which would be attended by him and the planning director. Stating at this meeting they could define the issues, establish the perimeters of the advisory committee, work backwards based upon the fund raising efforts and depending on the type of staff wanted, incorporate the project management. He said this could come back to the Council in two weeks with a clear definition and recommendations of steps to move forward.

Cm. Hudson stated he was prepared to vote on bringing back the three ideas that were presented that night as part of a staff report. He said he was not prepared to rule out any of the ideas that night since he just heard them for the first time.

Cm. Dickey asked Mr. Ballock to advise them of what was needed for the performing arts so it could be part of the decision making process.

Cm. Cambra said he felt Council could come to an agreement that night on whether a committee was the right thing or a wrong thing to do. He stated the simplicity of composition of this committee as a starting point was not a tough decision. He stated his belief that a lot of questions could be answered by that committee. He said on the 26^th some things should be in place, because we don’t have a project manager yet to add to that team. We need to decide who is going to be on the team, so when the project manager comes on, we can hit the ground running. He said we can always add more people in the future if need be, but he felt six to seven people would be a good starting point.

Mayor Tatarka expressed her concern again about the map and said she did not want to proceed until she had a full understanding of the map and its implications.

Cm. Cambra said he was not against the concept but wanted to make certain all councilmembers had adequate information before taking a vote.

Mayor Tatarka inquired if there needed to be a vote on this direction

The Planning Director asked should the Master Plan Concept expand to those other areas beyond the 11 or 7 acre sites.

Cm. Dickey stated she could not make that decision that night.

Cm. Cambra said not yet, first we need to get more information in people’s hands.

The Planning Director asked specifically what information they needed to assist in the decision making process.

Cm. Dickey said what other information was available.

The Planning Director said the general plan land use map and the policies of the general plan.

Mayor Tatarka verified that the direction given on Item one was "not yet." With regard to Item 2 of the staff report, she inquired if there were specific consultants in mind.

The Planning Director answered the Dahlin Group, a local architect and David Gates & Associates, a local landscape architect. He said he had spoken with both to solicit their interest and asked Council how they would like to proceed.

Cm. Wilson said he was not comfortable with proceeding as these concepts were very important and he thought everyone had to have a higher confidence and knowledge level. He stressed the importance that everyone needs to be brought "up to speed" and kept informed.

The Planning Director asked what specific information Council would like to him prepare.

Mayor Tatarka said what they needed to know was who needs to be in place first, the design team or the project manager. She said the next question was that of a new project manager and asked for discussion on how to do that. She asked if there should be a RFP, or how would Council like to proceed.

Cm. Dickey recommended using a headhunter for the selection of project managers to be interviewed.

Mayor Tatarka asked if these things could be done simultaneously so we don’t waste anytime. She said the library grant deadline was in June so there was time to do some design work.

Cm. Cambra said one thing he had learned in this process was that when you hire a project manager, you hire a person. He said whether they belong to a company or not, is irrelevant and he wanted to make certain that when the City hired a project manager, the Council interviewed that person. Cm. Cambra said from beginning to end, we need to make certain whether we hire a construction company or a private individual, that we are hiring a person.

The Planning Director clarified that Council’s direction on Item 3 was to seek out a headhunter to find firms or individuals for interview by the Council.

Mayor Tatarka said in Item 4 we need to stay on track and questioned the other uses not previously contemplated.

The Planning Director said this was a long-range plan, just like the General Plan is a long range plan, providing macro and micro planning. He said the two proposals were concurrent plans and after a master plan is done, you can focus on the 11 acres, and this could be designed as a 20-year phase project.

Mayor Tatarka told the Planning Director that this needed to be spelled out and he needed to provide more detailed information before presenting to Council

Mayor Tatarka stated Item 5 was premature.

Mayor Tatarka said was asking for direction and it did not require the Council to vote on anything. She expressed her concern about waiting another two weeks, and asked if any problems would be created waiting.

The Planning Director recapped the direction asked for and received and stated:

1. More explanation on the map and the policies.
2. Premature – until we get a project manager.
3. Proceed using a headhunter to seek out an individual or firm for project manager
4. Long term vision - will provide background information
5. Premature – no decision.

Cm. Wilson inquired who was coordinating the proposal made by Council to form an advisory committee. He verified that was being done prior to the March 20 Finance Committee meeting.

Cm. Cambra said he wanted to make certain that they were going to move forward on securing a new project manger and he wanted to get consensus on the establishment of an advisory committee.

Cm. Hudson said he would wait until the next week before making a decision on the advisory committee.

It was the consensus of Council that this item would return at their next meeting to be held March 26, 2002.

* * * *

Mayor Tatarka said the meeting was held in Brentwood. There was a presentation on homelessness, shelters, and a video highlighting Brentwood. She said she made a presentation to the conference on San Ramon’s new General Plan.

Cm. Dickey said the outgoing members of the advisory committee were recognized, and the new members were introduced and welcomed. There was discussion of the nutrition program and Betty Detweiller was announced as the volunteer of the month. Pat York of the Advisory Committee said Jan Fraser holds Health Chat every Thursday morning, March 21st was the Mad Hatter’s Tea, April 12th the Mayor’s Cup Golf Tournament, and April 26^th the Senior Ball. Ms. York announced the election of officers was held and the new officers were; Don Wilfong, Chair, Pat York, Vice Chair and Hank Zuckerman is the secretary.

Mayor Tatarka said the focus was on the Camino Tassajara intersection as it related to the Alamo Creek Project.

Cm. Dickey said the outgoing members of the advisory committee were recognized, and the new members were introduced and welcomed. The new officers elected were Lisa Cook, Chair and Doris Kingsley, Vice Chair. There was a review of the last visioning process and budgeting process. She also said a "wish list" was presented, discussed and voted on for inclusion in the budget. It was announced that the Forest Home Farms application for the National Register of Historic Places Review would be at 9 am May 2^nd in Santa Rosa.

* * * *

Mayor Tatarka thanked all of the council members and staff for attending and being a part of the process during the New York Firefighters visit.

* * * *

There being no further business to come before the City, the meeting was adjourned at 10:18 p.m.

Nancy Tatarka, Mayor
Judy Macfarlane, City Clerk