A regular meeting of the City Council of the City of San Ramon was called to order on August 13, 2002 at 7:00 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, Development Services Director Joye Fukuda, Acting Public Services Director Jeff Gault, Acting Transportation Services Manager Lisa Bobadilla, Employee Services Manager Janean Myers, and City Clerk Judy Macfarlane

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Mayor Tatarka said Council had met in closed session at 6:30. P. M. pursuant to Government Code §54956.9(a) to discuss existing litigation regarding Davidon Homes and no action was taken.

Cub Scout Pack 841 led Council, staff and those present in the audience in the pledge of allegiance.

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The Acting Public Services Director introduced new employee Pete Gonzales, Maintenance Technician II.

The Chief of Police introduced new employees Mary Gentry, Office Technician, Corrie Turner, Police Services Technician, and Police Officers Marc Dinkins and John Goyich.

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

Certificates of recognition were presented to Thomas Tobin and Elizabeth Olinger, the Carpool to School Ridematching Program web-name contest winners, by Mayor Tatarka.

Cliff Garratt, Chair, Environmental Affairs Advisory Committee, presented the 2002 California Resource Recovery Association Award to Mayor Tatarka, recognizing the City of San Ramon’s Commercial Recycling Enhancement Analysis Training and Education (CREATE) Program.

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The City Clerk stated there were two vacancies on the Transportation Demand Management Advisory Committee. She reported to Council that after recruitment, only one application had been received. The Clerk recommended Council consider the application received from Marci McGuire for appointment, and direct staff to advertise for the remaining vacancy.

Cm. Dickey’s motion to appoint Marci McGuire to the Transportation Demand Management Advisory Committee was seconded by Cm. Hudson and passed 5-0.

Cm. Dickey confirmed there was a specific requirement for this committee and that was the applicant must represent a San Ramon business.

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Donna Kerger, representing the San Ramon Soccer Club, said the Club had sponsored its 11^th Valley Cup Tournament. She thanked the City and staff for providing great parks and facilities that helped the event to be successful. Ms. Kerger stated she had provided restaurant and shopping guides to San Ramon businesses for the out-of-town teams to assure patronage of local businesses. Tournament tee shirts were presented to each of the Councilmembers.

Yvonne Kimber responded to Sam Lemon’s comments published in the San Ramon Valley Times (August 10, 2002). She said by having the even-year election decision going to the voters, the last thing that could be fairly said was that Council had voted for term extensions. She said that issue would be decided by the will of the voters. She stated the comment made about this measure being confusing to the voters was condescending, and the voters were smart enough to decide for themselves by reading the arguments for and against the measure. She continued by saying Mr. Lemon’s comment describing Council as "skittish" about using their authority to change to even-year elections missed the point of Council’s willingness to submit to the democratic process. She stated if people voting for themselves was an issue, she reflected on Dave Hudson’s voting for himself for Mayor and subverting the rotational method.

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Cm. Dickey requested approval of the July 23, 2002 minutes be continued as she had been out-of-town and not had an opportunity to meet the with City Clerk regarding amendments.

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Vice-Mayor Wilson requested Item 8.4 Reinstatement of Lisa Cooke to the Forest Home Farms Advisory Committee be removed from the Consent Calendar.

The City Manager requested Item 8.3 Introduction of Ordinance Amending the municipal code regarding the City Clerk be withdrawn. He also requested the public hearing for Item 8.2 Introduction of Ordinance Amending the municipal code to change the time for holding City Council meetings be changed to September 10, 2002.

Cm. Hudson’s motion to approve Items 8.1 Register of Demands and Item 8.2 Introduction of Ordinance Amending the municipal code to change the time for holding City Council meetings, as amended, was seconded by Cm. Cambra and passed 5-0.

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FINANCE

Register of Demands dated July 21, 23, 26, 28, 31 and August 4, 11, 2002 in the amount of $2,314.399.49

Amending the municipal code to change the time for holding City Council meetings and setting the public hearing for September 10, 2002

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Mayor Tatarka read correspondence received from Catherine J. Pettinicchi protesting Davidon’s continued attempts to develop the area north of Old Ranch Estates. She requested the City continue to deny their application and stated Davidon should not be allowed any further attempts to overturn the General Plan.

Mayor Tatarka requested that since the City was in litigation with Davidon, the City Attorney respond to Ms. Pettinicchi’s concerns.

The City Attorney stated the Superior Court had held a hearing that past week and had not reached a conclusion on Davidon’s challenge to the method by which the City’s General Plan had been amended. He stated that under Measure G and the adopted General Plan, the City’s General Plan could only be amended by a 4/5 vote by both the Planning Commission and the City Council. He stated that had been the dispute, however, he reminded them that no general plan was in place forever and every general plan had a method by which it could be amended. The City Attorney said the City does not have the legal ability to preclude Davidon from re-applying as long as Davidon was willing to pay the required fees. He continued by saying Davidon had not yet decided on whether or not they were going to apply, but had received indications that they would. It was his opinion that it would not be legal for the City to deny an application without going through the proper process. While this process may be difficult for citizens to understand, he said it was always open to a property owner to seek an amendment to the City’s General Plan as long as they were willing to go through the process.

Mayor Tatarka requested an emergency item be placed on the agenda regarding SB 1243. She stated this item had been discussed and acted on by Council previously, and there had been changes in the bill that required action by Council prior to the next Council meeting.

Cm. Dickey’s motion to add this item to the agenda as Item 10.3 was seconded by Cm. Cambra and passed 5-0.

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The Development Services Director stated the Dublin San Ramon Services District (DSRSD) and the East Bay Municipal Water District (EBMUD), had joined together as a Joint Powers Authority (JPA) to provide recycled water to the San Ramon Valley. This project was currently under design and planning she said, and one of the components was to install a recycled water reservoir tank in San Ramon. The DERWA staff and board members appeared before Council on May 14 and 28, 2002 to provide information on the project, and she said the DERWA Tank No.1 was proposed to be located on a site owned by EBMUD. She stated the proposed tank would be located adjacent to a current EBMUD tank in the unincorporated area of Contra Costa County, and described the access routes to the construction site. The Director stated EBMUD and DERWA had circulated a mitigated negative declaration (MND) for comment, and had conducted two public workshops, in addition to the City’s submission of a comment letter. She said that the public comment period had expired June 24, 2002 with respect to environmental certifications and documentation. She said DERWA was present that evening to provide a status report to Council regarding the comments received, and that the DERWA board was scheduled to act and certify the MND on August 26, 2002.

The Director introduced Cynthia Jones, President of the Board of Directors, DSRSD, and DERWA board member; Frank Mellon, EBMUD board member; and Bob Whitley, Interim Authority Manager, DERWA, and said they were available for questions from Council.

Cm. Dickey stated she had concerns regarding the construction access on Pine Valley Court and traffic on Alcosta Boulevard, especially in conjunction with the current sewer project. She wanted to know what mitigation efforts had been made since there had been a lot of activity occurring in that particular area.

Cynthia Jones stated the trucks would exit the freeway at Alcosta Boulevard, making a right-hand turn onto Pine Valley Court, right on Alcosta Boulevard, and then would get back on the freeway at Bollinger Canyon Road. She stated the trucks would not travel on any City street other than the entire length of Alcosta Boulevard. She said the length of the project was approximately two months.

Cm. Dickey stated she was concerned about the portion of Alcosta Boulevard where it merged into one lane.

The Director stated the Central Contra Costa Sanitary District Force Main Project, which included the construction of the west portal, was targeted to be completed by the end of 2002. She stated it was her understanding that DERWA was scheduled to begin construction in 2003 and construction would be continuous, not simultaneous.

Ms. Jones stated residents of Pine Valley Court expressed concerns regarding construction traffic behind their homes. She said DERWA had agreed to photograph their backyards prior to construction to help mitigate any damages that may occur during the project. She assured Council that DERWA was aware and fully intended to obey the City’s noise ordinance.

Cm. Hudson asked if Tank No. 1 was going to be visible from the west side or east side of the ridge.

Ms. Jones stated it would be visible from the neighborhoods near the tank, however, they were purposing to berm the new tank and all of the soil excavated for the tank would remain around the tank. She said it would be minimally visible, blend into the surrounding area and would not be on top of the hill.

Vice-Mayor Wilson asked for a contact number for residents and staff in case of an emergency.

Bob Whitley said emergency numbers would be made available and that this project was still in the environmental review process and construction would not begin for almost one-year. He stated a community outreach program in the immediate neighborhood would be established prior to construction beginning and contact people and numbers would be part of the project.

Vice-Mayor Wilson reiterated his concern that the residents receive proper information and contact numbers.

Ms. Jones informed the Council that attendance from the neighborhood residents had been minimal at the public hearings.

Mayor Tatarka asked if the recycled water tank was going to be a different color.

Ms. Jones said the current tanks that DSRSD had providing potable and recycled water, had been painted the color the City had requested. EBMUD had used a different color, one that the County had requested, she said, and that issue would be addressed in the future to establish if one color or different colors would be used.

Vice-Mayor Wilson stated this was another example of the County controlling the City. He said the City should have the final say on what color the tanks would be painted.

The Director stated the color selection was an issue to be addressed with DERWA directly.

Vice-Mayor Wilson inquired how to change the color on the other tank.

Frank Mellon, said two colors had been chosen, one to reflect Spring, the other Fall. He said the colors had not been chosen by residents, but by the participating agencies and staff.

Mr. Whitley said as part of the ongoing cooperation with City staff and in the MND, it confirmed their commitment to work together on color selection.

Mayor Tatarka requested clarification on the timing elements for the two projects.

The Director said at this point in time, CCCSD was on schedule for completion and clarified that this portion was the gravity sewer project, and work would be continuing at the Larwin Pump Station.

Ms. Jones stated DERWA’s project would commence during the dry season and be completed prior to school starting.

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The Employee Services Manager stated this ordinance would amend the contract with California Public Employee’s Retirement System (CALPERS) to provide Section 21024, Military Service Credit as Public Credit, for local miscellaneous members, effective no later than September 13, 2002. She stated the cost of this benefit would be borne solely by the employee who requested it, therefore there would be no change in the employer’s contribution rate. She stated it was recommended the City Council adopt the ordinance.

The Employee Services Manager answered Mayor Tatarka’s question by saying she had been approached by a few employees, but was not certain of the exact number that would be affected by this amendment.

No one spoke at the public hearing.

Cm. Dickey’s motion to adopt the Ordinance amending the contract between the City Council and the Board of Administration of the California Public Employees’ Retirement System to provide Section 21024, Military Service Credit as Public Credit, and waive the reading, was seconded by Cm. Hudson and passed 5-0.

Amending the contract between the City of San Ramon and the Board of Administration of the California Public Employees’ Retirement System to provide Section 21024, military service credit as public service.

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Mayor Tatarka distributed information to the Council regarding SB 1243 and the MTC/ABAG merger that was in the State Legislature. She reminded Council that it had opposed this bill when it was first introduced, as did the Contra County Conference of Mayors’, and that opposition had been forwarded to Sen. Tom Torlakson. She stated the major concern was governance and that most were receptive to the idea of the merger into one agency, but with local input so that it was a true merger with cities having and retaining some control over land-use planning. Mayor Tatarka said it had first been estimated this bill would take about one-year, with MTC and ABAG working out the details. But at this time, she continued the bill had had several amendments that gave the appearance of a take-over by MTC; not a merger as originally designed. The Mayor said MTC would have control over land-use and housing responsibilities, which would enable the State to dictate without any local input. Mayor Tatarka said she had spoken to other local elected officials who shared concerns that the ramification of this bill could also jeopardize STIP funding, the regional transportation plan of Contra Costa County, in addition to the City’s General Plan. She requested consensus from Council that a letter with strong language be sent to the California State Assembly Transportation Commission that stated the following;

On behalf of the City of San Ramon I want to register a "no" vote on SB 1243 This legislation would expand the duties of the MTC and move the Association of Bay Area Governments land use responsibilities to MTC. We do agree that the intent of the legislation that does not make any sense to have two separate agencies dealing with land-use planning, housing and transportation, but the objection is to having the State telling us what the solution should be rather leaving it to local officials. This issue could easily be overcome with legislation that outlines what is to be accomplished, giving the entire Bay Area a year or so to develop a workable plan. In conclusion, the idea is a good one, but the method of getting to that point should be left to local officials to decide, not the State. We urge a "no" vote on SB 1243.

Cm. Hudson stated his concern remained the same as he had expressed a few months ago when this matter had been originally addressed. He said what he had read earlier that evening was this was not a take-over but actually was going to change again and would go to the floor for debate in the legislature. He said he was reluctant to vote against this even though he was not wild about MTC taking over ABAG, but had a feeling it was not known exactly what had occurred here, but yet we were writing letters stating "no".

Cm. Dickey said she understood Cm. Hudson’s position but felt Council was in opposition to MTC taking over ABAG right now. She stated the purpose of this letter was for them not to merge until after the amendments had been addressed. Cm. Dickey said the General Plan Review Commission members did not invest 18 months into developing a General Plan to have something supercede it. She felt that is what should be stated in the letter, opposition to the amendments, and noting it does not fit within the perimeters of where we want to go.

Vice-Mayor Wilson stated we needed to express our opinion on this issue. He said that until we find out the ramifications, we would not be comfortable, and they should not proceed with this action until it is understood exactly what was going on. Vice-Mayor Wilson said it was imperative the Council send a letter, and if we didn’t, then they would proceed as if we had agreed. He continued by saying that we do not know what the amendments are nor do we know the ramifications on how this could affect the City of San Ramon, and said he was in favor of writing the strongest letter possible.

Cm. Hudson stated the manner in which Cm. Dickey and Vice-Mayor Wilson explained their positions, was the exact way he would want the letter to be written. He said a plain and simple note stating we would like to see them not proceed and follow the Mayors’ Conference edict to study this for a year, but just not an emphatic "no".

Mayor Tatarka said the draft letter stated we were not opposed to the concept and idea, but opposed to the bill itself in its present state and the amendments.

Cm. Cambra stated the problem with SB 1243 was that we were constantly trying to hit a moving target. He said that by the time that letter was written, there could be another reiteration of it on the table. He stated we needed to be certain that this letter be dated accordingly so that if they ever hit it right at the State level, we would be given plenty of time to write a letter of support. He expressed his skepticism of that happening and agreed with Vice-Mayor Wilson’s request to write the strongest letter possible.

Cm. Dickey stated she felt that all concurred.

Mayor Tatarka stated this could happen as soon as that weekend, and it was an important issue for the City considering all of the hard work done to create a desirable environment in our City.

Mayor Tatarka declared a 10-minute recess to allow an opportunity for all Councilmembers to read the proposed letter.

All Councilmembers were present when the meeting reconvened.

Mayor Tatarka stated all Councilmembers had a copy of the proposed letter and requested Cm. Hudson read it out loud.

Cm. Hudson said the first two paragraphs needed to be eliminated, and read:

"On behalf of the City of San Ramon, I want to register a "no" vote to SB 1243. This legislation would expand the duties of MTC (Metropolitan Transportation Commission) and move the Association of Bay Area Government land use responsibilities to MTC. We do agree to the intent of the legislation, it does not make any sense to have two separate agencies dealing with land-use, planning, housing and transportation. The objection is to have the State telling us what the solution is rather than leaving it to local officials. This issue could easily be overcome with legislation that outlines what is to be accomplished giving the entire Bay Area a year or so to develop a workable plan."

Cm. Hudson said the conclusion stayed the same. He said that was the language he would support.

Cm. Cambra questioned the statement "we agree with the legislation," and asked if we were specifically stating that we agreed that the merger between these two organizations was reasonable. If that was what we were stating, he said, then we need to make sure that was specific because agreeing with the intent of the legislation could be construed a lot of different ways. He requested that portion of the letter be more specific.

Cm. Dickey suggested eliminating it because it was parenthetic. She said, "we do agree to the intent of the legislation" be eliminated and go with "it does not make any sense to have two separate agencies dealing with land use, planning, housing and transportation."

Cm. Cambra stated that the letter be written with that day’s date in case there was a new bill the following day.

Cm. Hudson inquired if the intent had been agreed to last time.

Mayor Tatarka answered it had not been agreed to and this letter was stronger and more to the point.

Cm. Hudson verified the sentence would read "it does not make any sense to have two separate agencies."

Cm. Cambra’s motion to approve the letter opposing SB 1243 as amended and forward it to the State Assembly was seconded by Cm. Dickey passed 5-0.

Donna Kerger, the former Chair of the General Plan Review Commission, expressed her thanks to Council for addressing that issue in an effort to keep the General Plan and the City intact. She stated the amendments should raise everyone’s concerns and implored her fellow commissioners to exercise their support to protect the control we have over our City. She said she was not a big fan of ABAG, but it did serve a purpose and was a good resource. She continued MTC’s history for land-use was no where near ABAG’s and MTC’s expertise was transportation, not land-use. She stated that MTC was not an agency that should be in control of land-use.

Mayor Tatarka stated the author of this bill was Sen. Tom Torlakson.

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The City Clerk requested the Council review the background and consider Lisa Cooke’s request for reinstatement to the Forest Home Farms Advisory Committee. As background, the Clerk stated a resignation letter dated June 5, 2002 had been received from Ms. Cooke, and on June 13, 2002, she had sent an e-mail rescinding her resignation. The Clerk said the Internal Operations Committee had established a Committee/ Commission resignation policy at its October 23, 2001 meeting, a copy had been presented to Council.

Cm. Dickey, Forest Home Farms Advisory Council Liaison, said she had received a letter from Ms. Cooke requesting that item be continued as she was out-of-town on the 13^th of August, and unable to attend.

Cm. Dickey’s motion to continue Ms. Cooke’s request for reinstatement to the Forest Home Farms Advisory Committee was seconded by Cm. Cambra.

Vice-Mayor Wilson stated he had no problem with the postponement, he did however, wish to discuss the policy.

Mayor Tatarka said that was an Internal Operations Committee matter.

Cm. Dickey inquired if the policy, as well as the re-appointment, should be discussed at a future date.

Vice-Mayor Wilson stated he wanted to discuss it then. He said the policy was part of the packet.

The City Attorney clarified for Council that the policy was part of the discussion and certainly within the Brown Act.

The City Manager suggested voting on tabling the action and then discuss the policy.

Cm. Dickey’s motion to continue the request for reinstatement to the Forest Home Farms Advisory Committee was seconded by Cm. Cambra and passed 5-0.

Vice-Mayor Wilson stated he was concerned when he read in Ms. Cooke’s letter that she had stated "in my capacity as Committee Chair".

Cm. Dickey interjected that Council did not want to discuss her letter.

Vice-Mayor Wilson continued to say it was his understanding that they were discussing policy and that the resignation process that had been discussed by the City Council in Internal Operations. He asked for clarification from Mr. Hudson or Mrs. Dickey as to what the Internal Ops decision was as far as the procedure and/or policy with regards to resignations.

Cm. Dickey said unfortunately for the public since they did not have it in front of them, there was a process where first, the resignation was submitted to the City Clerk. The second step was an acknowledgement line affixed by the Clerk and forwarded to the Mayor for signature. The third step was that copies of the resignation letter with the Mayor’s acknowledgement would be forwarded to all Councilmembers. She continued with the fourth step, which was the City Clerk would then follow the normal process for recruitment and filling the vacancy. Cm. Dickey said because this letter had been mailed to the City Manager and was then distributed to the City Council, unfortunately the first two steps had been overlooked. She said it had been decided by Internal Ops that because the first two steps had been overlooked, and it had gone to the Council, that the resignation would be official. She said it came to Council even though it did not have an acknowledgement on it, so Council had received the resignation letter.

Cm. Hudson said one of the items they had come to an agreement on was just reiterating what Internal Ops said back on October 23, 2001, when Council dealt with Yvonne Kimber’s resignation and reappointment. The question was very simple, he said, when are you resigned. He continued, it had been made very clear you are resigned when a person writes a letter or e-mail, submits it to the City Clerk, it was deemed accepted. Cm. Hudson said the City Clerk would then affix the acknowledgement line for the Mayor, and provide copies for the City Council. He said at that time the City Clerk would follow the normal procedure that had been described. He said he felt the direction Mr. Wilson had taken was the letter from Lisa Cooke where she still believed that she was Chair of the committee. He said it made perfect sense for her to be present during the discussion of reappointment and it was within the purview of the Council to reappoint her, just as they did with Yvonne Kimber. He concluded by saying the problem was that Council could not reappoint her as Chair; that was up to the committee.

Cm. Dickey stated that a discussion as to whether she was Chair inappropriate at that time. Cm. Dickey stated that should occur when Ms. Cooke were present. The fact was that Ms. Cooke wrote the letter and referred to "her capacity as committee chair" at that time frame. She confirmed with the City Clerk that appointment of new officers was supposed to have occurred in June or July. Ms. Dickey stated she did not feel that Ms. Cooke had made an assumption that she would be re-appointed as Chair, but that was just a reference to her last capacity.

Vice-Mayor Wilson concurred that Council should not speak for Ms. Cooke. He said to return to his original point in the letter where it referenced "in recent years that procedure had not been followed," meaning the commission resignation policy. He asked when it had not been followed. He referred to the last resignation that had been formally addressed, all of the procedures had been followed as far as the resignation was submitted, it went to the City Clerk, the vacancy had been advertised, and then, when no applications were received, the reappointment was made. He said that entire process took almost three months. Vice-Mayor Wilson said procedure had been followed in the past, and that same procedure had not been followed in this instance. He said after receiving Ms. Cooke’s resignation, it should have gone out to the community requesting applications for that position. He said because of the policy that we were following there was a vacancy on the Forest Home Farms Advisory Committee and anyone applying would have to follow procedure. He continued saying basically, we could not appoint anyone because due to a more recent resignation, there were two vacancies, and those two vacancies should follow the normal procedure and then return to Council for appointment or reappointment.

Cm. Cambra asked the City Manager and City Clerk if there was a written procedure regarding resignations for people on City commissions and committees.

The City Clerk answered that the memo dated August 2, 2002 to the Internal Operations Committee outlined the procedure.

Cm. Dickey stated that was not the procedure.

The Clerk confirmed that it was the procedure.

Cm. Cambra clarified that was the procedure as proposed by Internal Ops. He next asked what was the date on the latest resignation received. He stated it appeared the procedure had been adopted after the resignation had been received.

The City Manager stated the procedure had been adopted on October 23, 2001.

Cm. Cambra inquired if this resignation and the prior resignation had followed that procedure.

The City Manager stated the previous resignation had been received prior to the October 23, 2001, and the policy had been put in writing in response to that circumstance. He continued by saying at the time Mrs. Kimber had been reappointed, it had been referred to Internal Operations to clearly define the policy which in fact they did and it had been memorialized. He stated that the official acceptance of a resignation was when it was received by the City Clerk.

Cm. Cambra asked if the previous resignation, and the current resignation, both followed that procedure. He asked if the City Clerk had accepted that resignation and questioned if it had been missed the City Clerk.

The City Manager stated in regards to Ms. Cooke’s correspondence, when the e-mail is addressed to the Mayor, the City Clerk automatically receives a copy. He said the Clerk would have received it at that time.

Cm. Hudson said part of the Internal Ops discussion clarified a lot of Mr. Cambra’s questions. He said it had been decided to establish a policy because the question had been asked previously, "when was it a resignation". He said the City Clerk had been chosen because all e-mails for Council are channeled through the City Clerk and they had wanted a definitive time of when there was a resignation. He reflected that it was almost two months after Mrs. Kimber’s resignation that she had been re-appointed. He said the policy that was being reviewed at that time was October 23, 2001, and said it had been considered whether or not to revert to the old way which had been outlined in the October 23, 2001 staff report.

Cm. Dickey said the only element missing was there was no acknowledgment line affixed for the Mayor’s signature.

The City Manager stated the resignation had been received by the City Clerk, however, the acknowledgement line had been omitted.

Vice-Mayor Wilson stated all of the Council had received a copy of the resignation.

Cm. Dickey said that had been the decision of Internal Ops. She stated the fact that everyone had received a copy, even though the first two steps had been missed, the resignation became official because it had been received by the entire Council.

Vice-Mayor Wilson stated this should have followed the normal procedure and it did not have to be immediately advertised.

Cm. Dickey said June 5, 2002 was the resignation date, and June 13, 2002 was the date the resignation had been rescinded. She said that the City Clerk did not advertise during that 7-8 day period and did not think that advertising would be necessary as long there was someone interested.

Vice-Mayor Wilson said once you resign, you have resigned, whether you decide in five to six days to rescind, you have already resigned. It was as simple as that, he stated.

Cm. Dickey recalled during the process with Mrs. Kimber, she had sent September 11, 2001, asking that her resignation be withdrawn and requested to serve out her term. She said that was exactly what Lisa Cooke has done. Cm. Dickey read from the minutes of the City Council meeting dated September 25, 2001, "The City Clerk said initially with the institution of City Committees, when a letter of resignation was received, staff would place the resignation on the next Council agenda consent calendar with a request that staff be directed to advertise to fill the vacancy. Currently when a resignation is received, it is quickly advertised to expedite filling the vacancy." Cm. Dickey stated it was not quickly advertised and it was before Council because Ms. Cooke had sent a letter to rescind her resignation.

Vice-Mayor Wilson stated he disagreed. He referred again to Mrs. Kimber’s resignation where the City Council followed the normal procedure and submitted the request to the community. He said the fact remains that Ms. Cooke resigned, and it had been understood there had been a resignation, after that, it had to follow the normal procedure. He said whether you advertise a day after, three days after, or ten days after, you are still resigned. The problem was, he said, that the applicant did not know the normal procedure.

Cm. Dickey asked if Vice-Mayor Wilson’s intent was because the vacancy had not been advertised, Ms. Cooke should not be considered for reinstatement.

Vice-Mayor Wilson replied no.

Cm. Dickey stated it was not Lisa Cooke’s fault and it could not be said that it was her fault because she did not follow procedure.

Vice-Mayor Wilson stated that he did not state that.

Cm. Dickey asked Vice-Mayor Wilson if it was his intention to punish Ms. Cooke for her lack of knowledge of the procedure.

Vice-Mayor Wilson interjected that he was not intending to punish her.

Cm. Cambra said this discussion had been tabled and Council was walking on a very thin line by discussing something that had been tabled. He assumed that the entire discussion had been tabled.

Cm. Cambra’s motion to table the entire discussion was seconded by Vice-Mayor Wilson passed 5-0.

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Vice-Mayor Wilson extended thanks and appreciation to Cliff Garratt for his service on the Environmental Affairs Advisory Committee.

Cm. Dickey wished Cliff Garratt well in his future endeavors.

Cm. Cambra said he had been approached by a resident requesting that the duties for Mayor be clearly outlined before the election for the directly elected Mayor occurred.

Cm. Cambra said at the League of California Cities Conference, the City of San Ramon had been recognized by the California Integrated Waste Management Board for achieving a 50% recycling rate.

Vice-Mayor Wilson stated he was unable to attend the League Conference as he was attending his parents’ 60^th wedding anniversary celebration.

Mayor Tatarka said there were two other bills she felt were important, AB 680, and SB 910 regarding the certification of the City’s housing element. She also announced the final Sunday concert at Central Park would be on August 11, 2002.

Mayor Tatarka stated that September 11, 2002 had been declared by the Federal Government as Patriot’s Day, and it would also be the date for the dedication ceremony at Memorial Park and the dedication of the Thomas E. Burnett, Jr., Memorial Freeway.

Mayor Tatarka announced the Zoning Ordinance Workshops would be held; Planning Commission Workshop, August 20; City Council Workshop, August 26; ^and the Public Workshop; August 29.

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There being no further business to come before the City, the meeting was adjourned at 8:50 P.M.

Signed:

Nancy Tatarka, Mayor
Judy Macfarlane, City Clerk