A regular meeting of the City Council of the City of San Ramon was called to order on April 23, 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 Jim Randall, City Attorney Tom Curry, Police Chief Brian Lindblom, Parks and Community Services Director Jeff Eorio, Planning Director Phil Wong, Engineering Services Director Joye Fukuda, City Engineer Stanley Fung, Transportation Director John Dillon, Economic Development Services Director April Gray, and City Clerk Judy Macfarlane

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The City Attorney stated Council had met in closed session pursuant to Government Code §54956.9(a) to discuss existing litigation regarding DIGIRAY V. CITY OF SAN RAMON REDEVELOPMENT AGENCY, Case #C-01-01009. He said Council voted 4-1 to settle the case (Cm. Hudson dissenting).

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Cub Scouts, Den 10, Pack 203 from Golden View School and Cub Scouts, Den 5, Pack 841, from Walt Disney Elementary School led Council, staff and those present in the audience in the pledge of allegiance.

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Mayor Tatarka announced the Arbor Day Tree Planting Ceremony would be held at 10:00 A. M., Friday, April 26, 2002, at Coyote Creek School.

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The Public Services Director introduced new employee Paul Brock, Maintenance Technician II.

Mayor Tatarka welcomed Mr. Brock and gave him a City pin.

Mayor Tatarka welcomed ChevronTexaco Corporate Headquarters to the City and acknowledged Sunset Development’s role in facilitating the "Steal of the Year."

Mayor Tatarka presented a proclamation to Aimee Burastero, Public Education Manager, Valley Waste Management, recognizing Valley Waste Management’s Sponsorship of Clean Your Files Day during Earth Week 2002.

Neil Cutler, President, Synergis Waste Management Services made a presentation regarding the School Recycling Program sponsored by the City of San Ramon.

Mayor Tatarka presented certificates of recognition to the "Its Cool To Recycle" poster contest winners from the San Ramon Elementary Schools.

A proclamation recognizing Friday, April 26, 2002 as Arbor Day in San Ramon was presented to Cliff Garratt, Vice-Chair, San Ramon Environmental Affairs Advisory Committee by Mayor Tatarka.

Ken Mintz, Chair, Parks and Community Services Commission, presented California Park and Recreation Society’s Recreation/ Community Service Awards of Excellence and the Society’s District III Park Planning and Landscaping Award of Excellence and Award of Merit to Mayor Tatarka.

A proclamation declaring April 21-27, 2002 as Volunteer Appreciation Week was presented to Lisa Cooke, Forest Home Farms volunteer, and Phillip Ge, Library youth volunteer, by Mayor Tatarka.

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Mayor Tatarka declared at short recess.

All Councilmembers were present when the meeting reconvened.

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The City Clerk said in March 2002, the Council established an Aquatic Facility Needs Committee to analyze both long and short-term aquatic facility needs. She stated there were nine applications received and recommended Council review the applications and appoint five members to the committee.

Vice Mayor Wilson made reference to a letter received from the Parks & Community Services Commission dated April 1 requesting representation on the committee. He read the charge of the commission and stated aquatics was within their purview. He stated he was willing to forego his spot on the committee to facilitate having a park commissioner on the committee, and also expressed his desire to include all nine applicants on the committee.

Cm. Hudson stated because of the diversity of the applicants, he supported Cm. Wilson’s idea to appoint all nine applicants in addition to having a representative from the Parks & Community Services Commission.

Cm. Dickey stated she had no problem with having a representative from the Parks & Community Services Commission.

Mayor Tatarka asked if the Parks & Community Services Commission had made a recommendation as to who they wanted to represent them.

Diane Schinnerer suggested that the report from the Aquatic Facility Needs Committee come to the City Council before being referred back to the Parks & Community Services Commission or go directly to the Parks & Community Services Commission.

Cm. Hudson’s motion to appoint Diana Aiken, Kathy Berner, Linda Cawthorn, Lisa Fay, Leslie Holland, Chuck Jenkins, Maryann Migas, Stephen Trembley and Martin Yeoman, to the Aquatic Facility Needs Committee, was seconded by Mayor Tatarka, passed 5-0.

Cm. Wilson’s motion to add a representative from the Parks & Community Services Commission to the Aquatic Facility Needs Committee was seconded by Cm. Cambra, and passed, 5-0.

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Pauline Nolte, representing the Crow Canyon Institute, announced the Spring Garden Festival, to be held Saturday, May 4 from 9 a.m. to 3 p.m. Ms. Nolte said she was also representing the San Ramon Library Foundation, and announced, 1) the book sale generated $7,000; 2) the next fundraiser would be the Human Race with Branch Librarian Joyce Gunn, the celebrity walker; 3) parking meters were on display in the San Ramon library as a fund raiser.

Scott Miller asked for a response from the Council to his letter of two weeks ago regarding the Council’s vision for the City.

Christy Winter, president of the San Ramon Chamber of Commerce, expressed concern regarding AB680 which would establish that sales tax revenue sharing among cities would be regulated by the state. She asked Council to review a resolution recently passed by the City of San Carlos opposing AB680 and requested the council formally oppose the bill.

Rosalind Rogoff expressed disappointment that the Council had not written a letter opposing the amendment in the Omnibus Bill. She requested item 8.3, - Resolution of intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of San Ramon and Introduction of Ordinance – amending the contract between the City of San Ramon and the Board of Administration of the California Public Employees’ Retirement System, be pulled for discussion.

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Cm. Dickey’s motion to approve the minutes of the April 9, 2002 meeting was seconded by Cm. Cambra and passed 4-0-1 (Mayor Tatarka abstaining – she was not present at the April 9 meeting).

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

FINANCE 
Register of Demands dated March 29 and April 14 and 21, 2002 in the amount of $498,817.50

Resolution No. 2002-30
Approving the addition of the Del Mar Drive West Side Landscaping Enhancement Project to the FY 2001/02 Capital Improvement Program and authorizing a budget of $55,000

Resolution No. 2002-35
Releasing the One-Year Warranty Security for Public Improvements for Subdivision 8704 (Standard Pacific/Crown Ridge 2)

Resolution No. 2002-37
Accepting maintenance of certain road and stormdrain improvements constructed in Subdivision 8135 (Shapell Industries –The Bridges at Gale Ranch)

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It was the consensus of the Council to discuss Item 8.3. Resolution 2002-34 - Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of San Ramon and the Introduction of Ordinance – amending the contract between the City of San Ramon and the Board of Administration of the California Public Employees’ Retirement System.

The City Manager stated this resolution would implement the sick leave service credit benefit that was approved in February 2002. He stated when CalPERS sends a Resolution of Intention, it is submitted in a standard format and cannot be altered.

Mayor Tatarka opened the public hearing.

Roz Rogoff stated her confusion with the resolution was regarding the use of the words "intention to introduce" and "intention to approve". She thought it was strange, and asked why you would have an intention to approve something before you even introduced the ordinance and had a public hearing.

The City Attorney said that CalPers has an unique way of dealing with this procedure. He said they want to make sure that there is adequate public notice of what the intention to introduce is, and that is the purpose of the resolution. He stated this was standard verbiage and although it was confusing, it was the correct way to proceed.

Cm. Hudson’s motion to adopt Resolution No. 2002-34 Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of San Ramon to provide for section 20965, credit for unused sick leave, introduce the ordinance, waive the reading and set the public hearing for May 14, 2002, was seconded by Cm. Cambra, passed 5-0.

Resolution No. 2002-34
Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of San Ramon to provide for section 20965, credit for unused sick leave

Introduction of Ordinance

To amend the contract between the City of San Ramon and the Board of Administration of the California Public Employees’ Retirement System

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Michael Brusselback, Chair, Transportation Demand Management (TDM) Advisory Committee, presented the committee’s annual report. He reviewed the composition, charge and objectives of the TDM, and stated the main focus of the committee was to reduce or change travel demand rather than increasing transportation supply. He reviewed numerous commuter programs including the vanpool, transit and carpool incentive programs. Mr. Brusselback described other programs such as the guaranteed ride home, carpool to BART and reviewed the success of the "Bike to Work" and "Spare the Air" campaigns. He explained how the TDM interacts with ChevronTexaco and other local businesses, and presented the results of the 2001 Employer Transportation Survey.

Mayor Tatarka commented on the increase in the number of participants in the various incentive programs.

It was the consensus of Council to accept the report.

Public Hearing - FEE RESOLUTION

The City Clerk stated this was the annual review of the City’s fee resolution and recommended Council hold the public hearing and approve the additions and amendments as noted. She said at its March 20, 2002 meeting, the Finance Committee had reviewed and approved the proposed changes to the fee resolution. She also said a copy of the proposed fee resolution had been sent to 31 business owners, property managers and developers on April 5, 2002. The City Clerk said unless adopted as an urgency measure, a new or increased fee could not be effective until 60 days after its adoption (Government Code §66017). The Clerk said she had not received any written correspondence regarding the proposed fee resolution.

Mayor Tatarka opened the public hearing.

Donna Kerger asked for clarification on the encroachment permit fees, questioning the "deposit amount of $500-$10,000 subject to the discretion of the City Engineer."

Stanley Fung, City Engineer, stated this fee was proposed to cover costs involved regarding staff’s review of the special permits that are required for large and complex projects.

Mayor Tatarka closed the public hearing

Cm. Hudson suggested that under "card room licensing fees" there should be a statement advising the public that the applicant would be responsible for any and all fees to put an application for a card room license on the ballot.

The City Attorney verified the City does have an ordinance that requires the applicant to pay all fees in conjunction with placing an application on a ballot, and said we would reference the ordinance as a footnote on the fee resolution.

Cm. Dickey’s motion to adopt Resolution No. 2002-33 Establishing fees and charges for various municipal services and repealing Resolution No. 2001-81 as amended, was seconded by Cm. Hudson, passed 5-0.

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Michael Geib, Chair, Arts Advisory Committee, presented the committee’s 5-year Cultural Plan for the City. He outlined the goals and objectives which would guide the Arts Advisory Committee in their vision which would include dance, music, drama, visual arts, and literary arts. Mr. Geib stated data had been gathered from several sources, such as the AMS Theater Feasibility Study, Contra Costa County Cultural Plan, Parks and Community Services Department Cultural Art Program Inventory, Community Cultural Planning Guidebook for Community Leaders, Developing a Strategic Cultural Plan Workbook and the City of Albuquerque Cultural Plan.

Mark Ballock, Arts Advisory Committee member, presented the five primary goals of the cultural plan:

1. To increase visibility and marketing of cultural art programs
2. To create a cultural arts identity in San Ramon
3. To increase the availability of cultural art classes for the community
4. To increase cultural art education for youth and teens in the community
5. To encourage and support professional and amateur artists/performers in the community.

Mr. Ballock stated the Arts Advisory committee is committed to building a strong cultural arts program and to accomplish this goal, he presented the committee’s 5-Year Cultural Plan 2002-2006 Action Step Timeline.

Vice Mayor Wilson complimented the committee for their commitment to the arts. He spoke of the recent program encouraging boys to dance in the style of the production "Stomp" and said he was encouraged that this type of before-and-after school program would be offered to the community soon. He questioned "charging nominal fees" and said he preferred no fees, and encouraged the continuation of offering free concerts and programs to the community in addition to reduced fees for contributing local artists. Vice Mayor Wilson complimented the "Art in Public Places" brochure.

The Parks & Community Services Director confirmed for Mayor Tatarka that there had been coordinated efforts with the Strategic Operational Plan regarding the coordination of the cultural plan when the performing arts center comes on-line and that staffing needs had been accounted for.

Cm. Cambra complimented the strong educational component of the cultural plan.

Cm. Cambra’s motion to receive the report was seconded by Mayor Tatarka and passed 5-0.

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Mayor Tatarka said the next Mayors’ Conference would be in Antioch on Thursday, May 2^nd, and reviewed the agenda.

Cm. Dickey stated the teens would have a draft of their new brochure ready for review at their next meeting. She reviewed several activities including the 8^th Grade Dance, Valley Youth Council, the Tri Valley Car Show, and said recruitment for next years teen council had begun.

Vice Mayor Wilson said new members of the committee were introduced. He stated the 5-Year Cultural Plan had been reviewed and they had discussed a possible exhibition on woodcarving.

Vice Mayor Wilson said the winners of the poster contest had been selected. Cm. Hudson stated that the committee had a report on the green building policy recommendation for the City Center project. They also reviewed the proper disposal of electronic waste. He stated committee members had volunteered to work at a household hazard waste collection day held on Earth Day. He stated Tim McAnulty, Norman Rhett, Douglas Graver and Mark Janke had been recognized. There was also discussion on developing a guide to trees in San Ramon, and they were investigating an air born tree disease. He stated they discussed their work plan for 2002-2003. He also reviewed East Bay Regional Parks plan for mulch on the Iron Horse Trail to give an alternative trail and to knock down weeds.

Cm. Cambra said the request for an on-street bus stop by SBC/PacBell, was discussed, reviewed and denied. He stated the recommendation was to return bus service to the existing location at SBC/PacBell. He said other items discussed were the review of the circulation projects to be included in the 2002-2003 CIP, and Phase 3 of the San Ramon Transit Shelter Program.

Mayor Tatarka said the growth management compliance checklist was approved for the overall process and preliminary schedule for the Measure C renewal. She said CCTA formed sub-committees for the authorization and expenditure plan and the growth management committee. She said they were fast tracking the environmental review process in order for this to be on the November 2004 ballot.

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Mayor Tatarka commended the City Manager for being instrumental in providing weekly staff reports for all councilmembers.

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Cm. Hudson’s motion to appoint Cm. Dickey as San Ramon’s director to the CCCTA Board of Directors was seconded by Cm. Cambra passed 5-0.

Vice Mayor Wilson’s motion to appoint Mayor Tatarka as the alternate member to the CCCTA was seconded by Cm. Hudson and passed 5-0

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Mayor Tatarka announced on April 19, 2002, she attended an event at the Laborer’s Training Center. She also said she would be a participant in the Human Race and the funds she raised would benefit the Valley Children’s Museum.

There being no further business to come before the City, the meeting was adjourned at 10:12 P.M.

Nancy Tatarka, Mayor
Judy Macfarlane, City Clerk