A regular meeting of the City Council of the City of San Ramon was called to order on May 14, 2002, at 7:30 p.m. in the Vista Grande Room, San Ramon Senior Center, 9300 Alcosta Blvd., 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, Employee Services Manager Janean Myers, Program Manager Kevin Carunchio, and City Clerk Judy Macfarlane

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Mayor Tatarka stated Council had met in closed session pursuant to Government Code §54956.9(a) to discuss existing litigation regarding Davidon Homes v. City of San Ramon (Case #C-01-05093), and no action was taken.

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

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The City Manager stated consideration of the Sunset Development Agreements originally scheduled for this meeting had been deferred to a future Council meeting.

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The Parks & Community Services Director said the Parks & Community Services Commission recommended the adoption of Resolution No. 2002-52 Changing the name of "Alta Mesa Park" to "Memorial Park" and recommended a memorial flag pole monument at the site. He stated there were adequate funds within the Alta Mesa Park Project budget (CIP 8207) to cover the proposed changes and additions. The director stated the tragic events of September 11, 2001 would be remembered in this country forever and the opportunity to create a park commemorating these events could be accomplished within Alta Mesa Park.

He described the location for a lighted memorial flagpole and a commemorative plaque, recognizing Thomas E. Burnett, Jr., a San Ramon resident, and hero of Flight 93 that crashed in Pennsylvania and the other victims and heroes of September 11. He said the Commission was also recommending the meadow and the western end of the park be identified as a location for the continuation of the City’s memorial tree program, where residents can purchase a memorial tree and have a plaque dedicated in memory of a family member. He said this park, with the flagpole monument feature, could host future Veteran’s Day, Memorial Day remembrance services and future ceremonies remembering the events of September 11, 2001.

The Director continued by saying the Parks & Community Services Commission recommended approval of the flagpole/monument design. He also suggested delaying the opening of the park until September, which would allow the City to plan a dedication ceremony on September 11, 2002.

The Director answered Cm. Dickey’s question as to why the proposed name did not blend together to form "Alta Mesa Memorial Park" by saying the two names did not compliment each other. "Alta Mesa" was a topographical term, and "Memorial Park" would follow traditions set by other California cities.

Cm. Wilson stated he endorsed changing the name to "Memorial Park."

Cm. Dickey’s motion to adopt Resolution No. 2002-52 Changing the name of "Alta Mesa Park" to "Memorial Park and adding additional memorial amenities was seconded by Cm. Wilson and passed 5-0.

Resolution No. 2002-52
Changing the name of "Alta Mesa Park" to "Memorial Park and adding additional memorial amenities

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The Transportation Services Director said state law provides for the designation of a portion of the highway system as an honor or memorial to persons who have made important contributions or sacrifices for their communities. He stated Thomas E. Burnett, Jr., who was a San Ramon resident, in concert with his fellow passengers on United Airline Flight 93 on September 11, 2001, prevented the hijackers from completing their plan of crashing the airplane into a populated target. He stated this bravery and heroism probably saved the lives of hundreds or thousands of possible victims.

As an honor to the memory of Thomas E. Burnett, Jr., staff recommended approval of Resolution No. 2002-50 Requesting the California State Department of Transportation designate the portion of Interstate 680 within the City of San Ramon as the "Thomas E. Burnett, Jr. Memorial Freeway" and forwarding a copy of the letter to State Senator Tom Torlakson and the California Department of Transportation (Caltrans) for action at the legislative level. He stated the costs for the memorial signs would be approximately $5,000 and funded by private City funding.

Cm. Dickey’s motion to adopt Resolution No. 2002-50 Requesting the California Department of Transportation designate the portion of Interstate 680 within the City of San Ramon as the "Thomas E. Burnett Memorial Freeway", was seconded by Cm. Cambra, and passed 5-0.

Resolution No. 2002-50
Requesting the California Department of Transportation designate the portion of Interstate 680 within the City of San Ramon as the Thomas E. Burnett, Jr. Memorial Freeway

Mayor Tatarka signed the resolution and the Council presented the resolutions to Mrs. Thomas E. (Deena) Burnett, Jr.

Mayor Tatarka and Vice Mayor Wilson presented Mrs. Burnett a memorial chest filled with letters of support and thanks from a grateful community.

Mrs. Burnett said she thought she was coming to the meeting to say goodbye, and was surprised and moved by the memorials presented to her and her family. She thanked the City, the Council and the residents for their support.

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Mayor Tatarka declared a 10-minute recess.

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All Councilmembers were present when the meeting reconvened.

Jeff Eorio, Parks & Community Services Director, introduced Cristi Tomin, Office Technician I.

Mayor Tatarka welcomed the new employee and gave her a City pin.

Stanley Fung, City Engineer, introduced Roy Shields, Senior Inspector and Peter Phoon and Roderick Wui, Associate Engineers.

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

Jim Estep, Public Services Director, introduced Jim Salazar, Maintenance Technician II.

Mayor Tatarka welcomed the new employee and gave him a City pin.

Mayor Tatarka presented a proclamation to Rick Probert recognizing his service as the San Ramon Valley Fire Protection District Chief.

Mayor Tatarka presented a proclamation declaring the week of May 12-18, 2002 as "National Police Week" to Sergeant Scott Holder.

Mayor Tatarka presented certificates of recognition to the members of the General Plan Review Commission.

Vice Mayor Wilson excused himself from the meeting early to attend a business meeting in New York City.

Certificates of recognition were presented to the members of the San Ramon Soccer Club U19 Girls "Snap Dragons" Class IV, Tide American Cup Northern California Champions.

Certificates of recognition were presented to members of the San Ramon Soccer Club U-12 Boys "Knights" Class I, State Cup 2^nd Place Team.

Derek Schweigart, Recreation Coordinator, presented the San Ramon Valley Oversight Committee on Youth Safety and Development Second Annual Report to Sponsoring Agencies.

County Supervisor Donna Gerber complimented the City of San Ramon, the San Ramon Unified School District, the Oversight Committee, the Teen Think Tank, and Councilmember Hudson, and said this was the best collaborative experience that she had encountered.

Marianne Gagen, Vice President of the San Ramon Valley Unified School District Board of Education, expressed thanks to the City of San Ramon for their continued support of this program.

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Rosalind Rogoff, spoke about a recent raccoon attack and the need for San Ramon to have an animal control department closer than Martinez. She also said the General Plan was still available for viewing on her website.

Donna Kerger asked the Council to reconsider their decision on the process of obtaining a new project manager for the City Center. She stated that as chair of the General Plan Review Commission, she had worked with City staff and felt they were well versed and experienced to handle the project management of the City Center. Ms. Kerger suggested having a construction manager in lieu of project manager, and asked Council to use the previous proposals and plans to shape our City Center to avoid starting at ground zero.

Cynthia Jones, President of DSRSD and DERWA Boardmember, along with Frank Mellon, EBMUD, presented an update on the DERWA project. She said there was going to be drilling for core sample occurring in the City as part of the Amador Affordable Water Tank project. She stated DERWA was moving forward with the design and construction, the EIR was completed, and there were going to be public meetings to keep the citizens of San Ramon apprised.

Harold Freiman, a resident of the Thomas Ranch Development, spoke on issues regarding engineering, drainage, and the type of insulation used by the developers of this project. He complimented staff’s attention to the issues and asked that the same attention to detail that is required of homeowners is adhered to by the developers.

Margo James, Thomas Ranch Development HOA President, thanked Mayor Tatarka, the city manager and staff, for attending a recent meeting which addressed numerous issues and concerns the residents had with the developers. She talked about the City staff’s agreement to coordinated the "punch lists" and expressed concern regarding bonding of the HOA in addition to the City, dissatisfaction with street maintenance, EBMUD water leaks in street, and clay soil education for the residents for proper irrigation.

Susan Friedman thanked the police department for their recent assistance. She commented on the new general plan, she said it was time to move forward in the implementation of this new plan and asked Council to assemble the Open Space Acquisition Committee that was detailed in the new general plan.

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

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CONSENT CALENDAR

Cm. Hudson requested Item 9.10 Resolution No. 2002-49 Opposing SB 1243 – Transfer of regional land use planning and housing responsibilities from the Association of Bay Area Governments (ABAG) to the Metropolitan Transportation Commission (MTC) and Item 9.11 Resolution No. 2002-51 Opposing AB 680 – Reallocating sales tax and state revenue be removed for discussion. It was the consensus of Council to discuss these items at the end of new business.

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

FINANCE
Register of demands dated April 11, 22, 28 and May 5 and 12, 2002 in the amount of $2,173,532.00

Resolution No. 2002-38
Authorizing the Mayor to execute an agreement with Mark Thomas & Company, Inc., for surveying and miscellaneous civil engineering services for the period between July 1, 2002 and June 30 2004, in an amount not to exceed $350,000

Resolution No. 2002-39
Authorizing the Mayor to execute an agreement with Engeo, Inc., for geotechnical consultant services for the period between July 1, 2002 and June 30, 2004 in an amount not to exceed $300,000

Resolution No. 2002-40
Authorizing the Mayor to execute an agreement with Kleinfelder, Inc., for geotechnical consultant services for the period between July 1, 2002 and June 30, 2004 in an amount not to exceed $300,000

Resolution No. 2002-41
Authorizing the Mayor to execute an agreement with Kleinfelder, Inc., for materials testing and construction inspection services for the period between July 1, 2002 and June 30, 2004 in an amount not to exceed $250,000

Resolution No. 2002-42
Summarily vacating certain existing right-of-way Norris Canyon Road westerly of Bollinger Canyon Road, accepting alternate right-of-way consistent with the location of new roadway improvements, and accepting certain storm drain easements serving Norris Canyon Road

Resolution No. 2002-43
Authorizing the Mayor to execute Program Supplement No. M004 to Administering Agency-State Agreement No. 04-5437 with the State of California for preliminary engineering, construction and construction engineering for the Camino Ramon Overlay – Bollinger Canyon Road to Norris Canyon Road, and Crow Canyon Road Overlay – St. George Road to Dougherty Road projects, Federal Aid Project No. STPL-5437(13), (CIP 5316)

Resolution No. 2002-44
Authorizing an increase in the Ten Percent Contract Change Order Limit specified by Title A, Division A7 of the City of San Ramon Municipal Code, to the agreement with Pacific Environmental Control, Inc., for the exterior renovation of the Glass House as part of the Forest Home Farms Improvements Project (CIP 5306), in the amount of $10,500

Geological Hazard Abatement District 1990-01
Fiscal Year 2002/03 Engineer’s Report. Resolution No. 2002-45 Resolution of Intention to order assessments and set a public hearing for June 11, 2002

Lighting and Landscaping District No. 1984-1
Resolution No. 2002-46 Approving FY 2002-2003 Engineer’s Report, adopting a Resolution of Intention to levy and collect assessments for FY 2002-2003, and setting the public hearing for May 28, 2002

City of San Ramon Quarterly Investment Report
Period ending March 31, 2002

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Public Hearing – Ordinance –Amending the contract between the City of San Ramon and the Board of Administration of the California Public Employees’ Retirement System

The Employee Services Manager stated this ordinance was to amend the contract between the City of San Ramon and the Board of Administration of the California Public Employee’s Retirement System to provide credit for unused sick leave. She stated in February, 2002 Council approved the salary and benefit enhancements and in April, 2002 Council adopted the Resolution of Intent to approve amendments to the City’s contract with PERS, and the ordinance was introduced.

The Employee Services Manager stated that based upon the actuarial report, if the amendment is approved, the estimated employer contribution rate for fiscal year 2002-03 will increase by approximately $13,000, and the cost for the second year 2003-04 is estimated to be approximately the same.

She stated the current policy allows for employees to convert their sick leave accrual at the time they terminate based upon years of tenure. The enhancement would allow the addition of another option to convert unused sick leave to credit with PERS for retirement credit. She continued by saying the purpose of this program was to encourage City employees to use sick leave judiciously, thereby increasing overall employee productivity. She stated the addition of this benefit not only would enhance the City’s ability to retain excellent employees but also would enable the city to attract desirable employees from the external market.

No one spoke during the public hearing.

Cm. Hudson’s motion to waive the reading and adopt the Ordinance – Amending the contract between the City of San Ramon and the Board of Administration of the California Public Employees’ Retirement System (§20965 Credit for Unused Sick Leave), was seconded by Cm. Dickey and passed 4-0.

Ordinance 337
Amending the contract between the City of San Ramon and the Board of Administration of the California Public Employees’ Retirement System (§20965 Credit for Unused Sick Leave)

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Kevin Carunchio, Program Manager, introduced a to establish a green building policy for the City Center project and said it had been proposed by the Environmental Affairs Advisory Committee. He stated this would resurge green building practices programs and issues in addition to working with the planning services department to ensure that green building principles were a component of the city center project. He said this policy had been circulated between City staff, the Committee and the Architectural Review Board, and they had all recommended this be a pilot policy to be used for the City Center Project.

He explained the guidelines used for the City’s green building policy were in the LEEDS rating system which was the most common rating system for sustainable design being used in the United States. He explained the different levels of green building ratings, the energy cost savings to the City and associated benefits. He reviewed the benefits to building green which include energy cost savings and use of less toxic building materials improving air quality which reduces potential employee absenteeism due to building related illnesses or sick building syndrome.

Cm. Dickey and Cm. Cambra questioned the "certified" level of certification and stated their desire to have the City pursue a higher level of rating.

The program director stated the level of rating desired by the City with association to the construction of the City Center project could be discussed as part of the design process. He said if the Council so desired, they could obtain the construction costs associated with the different levels.

The program manager confirmed for Mayor Tatarka the implementation of a green building policy would enhance the City’s ability to obtain Prop 14 Library grant funding.

Cm. Dickey expressed her desire for the City to pursue a higher level than "certified" and requested the resolution be amended to reflect the ability to achieve a higher standard.

Cliff Garratt, Chair, Environmental Affairs Advisory Committee, presented the recommendations for the City Center Green Building Policy. He reviewed the LEEDS System and said he was encouraged by the Council’s desire to achieve a higher rating than "certified". He stated the implementation of this policy is an important statement to the quality of life in the City of San Ramon.

Doug Graver, member of the Environmental Affairs Advisory Committee, spoke in favor of adoption of the resolution stating the City would become less dependent upon foreign energy sources in addition to the reduction of the inappropriate use of lighting.

The program manager requested Council indicate the specific LEEDS rating level they wished staff to pursue.

Mayor Tatarka closed the public hearing.

Cm. Hudson requested the words "and reasonable cost" be added to the City’s intent to achieve the maximum LEEDS certification. He expressed his concern for the costs involved to obtain a higher level of certification, and wanted to make certain a "higher certification rating" would not be cost prohibitive.

Mayor Tatarka referred to the staff report and clarified the ARB recommended this as a pilot program with the basic focus on the City Center project. She asked after the pilot program, would this become a city-wide program.

The program manager stated the committee suggested applying this policy to all public buildings over 10,000 sq. ft. He said the long-term implications were to evaluate the green building experience and how it could be applied to future projects within the City. He clarified this would initially be a pilot policy only applied to the City Center project and if successful, applicable to public buildings.

The program manager verified the amendment to the resolution would be "the City Council seeks to design and evaluate the costs and benefits of constructing the public buildings in the City Center project to achieve LEEDS rating of certified, silver, gold or platinum;" and "if determined feasible and reasonable by the City Council, constructed to achieve at least, but not confined to a LEEDS rating of "certified."

Cm. Hudson’s motion to adopt Resolution No. 2002-47 Establishing City Center Green Building Policy recommendations by the Environmental Affairs Advisory Committee, as amended, was seconded by Cm. Dickey, and passed 4-0.

Resolution No. 2002-47
Establishing City Center Green Building Policy recommendations by the Environmental Affairs Advisory Committee

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Mayor Tatarka declared a 5-minute recess.

All Councilmembers were present when the meeting reconvened.

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PERMIT PARKING AREA "I"

The Transportation Services Director said staff recommended approval of Resolution No. 2002-49, to designate portions of Mangos Drive, Ensenada Drive and De Anza Place as permit parking area "I" under the California High School residential parking criteria, restricting parking without a valid permit thereon. He stated Central San was in favor of the passage of this resolution, in addition to the area residents who signed the petition. He verified for Council that if residents do not want permit parking in front of their homes, they would be exempt from the permit parking requirements.

Rosalind Rogoff stated she felt the ½ block area that consists of side-yards on Mangos Drive (from Munras to Ensenada), be a designated drop off area or limited parking instead of leaving it undesignated.

The Transportation Services Director said the committee stated the policy was to remove public nuisances from in-front of people’s homes. He said if Council did want to eliminate that public parking area, he recommended they make it part of the permit parking area to avoid an enforcement problem for the police.

Cm. Hudson said he was concerned by the message being sent and that the problems were not so much the parking, but the trash and speed issues. He questioned if a shorter time limit for parking in front of the pump station would be beneficial.

Cm. Dickey’s motion to adopt Resolution No. 2002-48 Designating portions of Mangos Drive, Ensenada Drive, and De Anza Place as permit parking area "I", under the California High School residential parking criteria and restricting parking thereon, was seconded by Cm. Hudson and passed 4-0.

Resolution No. 2002-48
Designating portions of Mangos Drive, Ensenada Drive, and De Anza Place as permit parking area "I", under the California High School residential parking criteria and restricting parking thereon

The Transportation Director stated the permit parking would be in effective in approximately two weeks.

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Mayor Tatarka stated she was meeting with Sen. Torlakson in Sacramento the following day and wanted to take the Council’s comments in addition to the signed resolutions, on the following two items.

The City Manager stated at the April 23, 2002 City Council meeting, Christy Winter, President of the San Ramon Chamber of Commerce, expressed concern regarding AB680, currently pending in the State Legislature. She stated this bill would reallocate sales tax revenue among cities and counties in the Sacramento region according to a specific formula. It was Ms. Winters’ concern that this bill would have potential future impact on the City of San Ramon and she requested the Council to express formal opposition to AB680. The City Manager stated the League of California Cities had opposed this bill as well.

Cm. Dickey stated that this bill would give the state the power to redistribute sales tax. She felt this was a dangerous precedence to set and the sales tax needs to stay with the city in which it was generated.

Cm. Hudson stated the reason for removing this item from the consent calendar was to follow procedures. It was his understanding that the Mayors’ Conference was pursuing the same goals, he wanted to stay aligned with the other ABAG cities. He fully supported the opposition.

Mayor Tatarka clarified that 25-40% of the City’s revenue was generated from sales tax.

Mayor Tatarka’s motion to adopt Resolution No. 2002-51 Opposing AB 680 – Reallocating sales tax and state revenue was seconded by Cm. Cambra, as passed 4-0.

Resolution No. 2002-51
Opposing AB 680 – Reallocating sales tax and state revenue

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The City Manager said SB 1243 had been introduced to remove the land use planning and housing functions from the Association of Bay Area Governments (ABAG) and transfer to the Metropolitan Transportation Commission (MTC). He said a merger of ABAG and MTC had been anticipated and SB1243 had been introduced which would make local land uses determined by a state agency. The City Manager asked Cm. Cambra to comment on this issue because he attended the recent meeting of ABAG where it was discussed.

Cm. Cambra stated the City is part of ABAG, and if MTC takes it over, the State would have control. He said it was important for the City to have a voice in the planning process. He said no one had been opposing the merger, but the removal of ABAG does not make any sense and we would lose our voice.

Cm. Dickey voiced her concerns regarding the removal of an issue from a multi purpose agency to a single purpose agency.

Cm. Hudson said he supported the resolution and referred to the discussion recently held at the Mayors’ Conference. He felt the City should abstain from sending this resolution, independent of the Mayors’ conference, and the City should be part of the united front in the form of the Mayors’ Conference

Mayor Tatarka said by passage of this resolution, the Council was sending a message to the author of the bill that we do not approve of it in its current state.

Cm. Cambra’s motion to adopt Resolution No. 2002-49 was seconded by Mayor Tatarka, passed 3-0-1 (Hudson abstaining).

Resolution No. 2002-49
Opposing SB 1243 – Transfer of regional land use planning and housing responsibilities from the Association of Bay Area Governments (ABAG) to the Metropolitan Transportation Commission (MTC)

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Mayor Tatarka read a letter from the U. S. Conference of Mayors regarding the funding of the Community Development Block Grant.

CM. Hudson’s motion to add this item to the agenda as an emergency measure was seconded by Cm. Cambra, and passed 4-0.

Cm. Hudson’s motion for Council to send a letter of support was seconded by Cm. Cambra and passed 4-0.

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Mayor Tatarka said the main discussion was AB 1243.

Mayor Tatarka said there was a brief meeting April 24^th, with the main discussion being the proposed adoption of the strategic expenditure plan.

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Cm. Dickey announced on May 2 Forest Home Farms had been accepted as a State Historic Property and final approval from the National Register of Historic Place should be announced sometime in August.

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Mayor Tatarka stated the I-680 Congestion Management Study was presented and CalTrans had provided maps detailing the highway elements.

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It was consensus of Council to re-appoint Dick Vesperman as San Ramon’s representative to the Contra Costa County Mosquito Abatement Board.

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The following dates were set for interviews: June 4, 2002 for Parks & Community Services Commission and June 5, 2002 for Planning Commission.

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There being no further business to come before the City, the meeting was adjourned at 10:50 P.M.

Nancy Tatarka, Mayor
Judy Macfarlane, City Clerk