A regular meeting of the City Council of the City of San Ramon was called to order on January 14, 2003 at 7:00 p.m. in the City Council Chamber 2222 Camino Ramon, Mayor Wilson presiding.

PRESENT: Councilmembers Cambra, Dickey, Hudson, Tatarka and Mayor Wilson

ABSENT: None

STAFF PRESENT: City Manager Gail E. Waiters, City Attorney Tom Curry, Police Chief Brian Lindblom, Parks and Community Services Director Jeff Eorio, Development Services Director Joye Fukuda, Assistant City Manager Jim Estep, Interim Public Works Director Doug Udell, Division Manager Recreation Services Esther Lucas and City Clerk Judy Macfarlane

PLEDGE OF ALLEGIANCE

Cub Scout Troop 1083 – Golden View Elementary School led Council, staff and those present in the audience in the pledge of allegiance.

Mayor Wilson announced Monday, January 20 was Dr. Martin Luther King, Jr.’s birthday and the City offices would be closed.

The City Clerk introduced Martha Wadekamper, the new Office Technician in the Clerk’s office.

Mayor Wilson welcomed Ms. Wadekamper and gave her a City pin.

Mayor Wilson presented a plaque to John Harper, Jr., thanking him for his 13 years of service to the City and congratulating him on his retirement.

Mayor Wilson presented a plaque to Marianne Gagen, San Ramon Valley Unified School District Board of Education member, recognizing her for service to the youth of the District and for outstanding cooperation with the City of San Ramon.

Mayor Wilson recognized Eagle Scouts Nathan Anderson and Justin Howard and congratulated them on their award. He introduced the scouts’ parents and acknowledged the big part they played in their sons receiving this very prestigious award.

The scouts told the audience about their Eagle Scout projects.

Ms. Lucas: The Parks and Community Services Commission is pleased to recommend to the City Council three applicants to serve on the Arts Advisory Committee to fill current vacancies. Two terms will expire March 2003 and one term will expire March 2004. The Parks and Community Services Commission also recommends that those terms expiring in 2003 be extended at this time to March of 2005. The City Clerk announced the vacancies for the Arts Advisory Committee in October and they were advertised in the Valley Times and the Tri Valley Herald. Five applications were submitted by the deadline of November 20. These applicants were interviewed by a subcommittee comprised of a commission liaison to that advisory committee along with two other commissioners and then those recommended appointments were then brought to the full commission for their approval to move forward this evening. So those names brought forth this evening would be Dominique Yancey with a term expiring March 2004, Mary Beth Denooyer, term expiring March 2003 and they wish to be extended to March 2005 and Nicole Rosdahl, with a term expiring March 2003 and be extended to March 2005. That is the end of my report. Do you have any questions.

Mayor Wilson: Any questions of Ms. Lucas. What is the pleasure of the Council.

Cm. Hudson: I will move appointment to the Arts Advisory Committee of Dominique Yancey, with a term expiring March 2004, Mary Beth Denooyer, her term expires 2003 to be extended to March 2005 and Nicole Rosdahl, her term expiring in 2003 be extended to March 2005.

Cm. Tatarka: I second

Mayor Wilson: All in favor say aye.

The motion passed 5-0.

Mayor Wilson: Congratulations Dominique Yancey, Mary Beth Denooyer and Nicole Rosdahl. You have been appointed to the Arts Advisory Committee for the terms stated.

Cm. Dickey: I wanted to reiterate something that we had discussed before in the packet to have the resignation policy also included. Can we make sure that that is included in the packet all the information that goes to people at that time.

City Clerk: Yes

Mayor Wilson: Thank you. Item 5.2 Senior Citizens Advisory Committee. Ms. Lucas

Ms. Lucas: Yes, also this evening the Parks and Community Services Commission recommends that the Council appoint three applicants to serve on the Senior Advisory Committee to fill some current vacancies. Two of these terms will expire March of 2003 and one term will expire March of 2004. Likewise as on the Arts Advisory Committee, the Parks and Community Services Commission also recommends that those terms expiring in 2003 be automatically extended this evening to March of 2005. As in the last report the City Clerk did announce this vacancies at the same time period in October and four applications were received by November 20, 2002. These applicants were also interviewed by a subcommittee comprised of a commission liaison to that advisory committee and two other commissioners and then it was brought to the full commission for their recommendation. Those names this evening would be Elayne Rosdahl, with a term expiring March 2004, Barbara Schafer with a term expiring March 2003 extended to March 2005 and Sharon Rossi with a term expiring March of 2003 automatically extended to March of 2005.

Cm. Dickey: I noticed on Mrs. Schafer’s application that she is a resident of Livermore.

Ms. Lucas: That is correct.

Cm. Dickey: And that we do have a resident that has been active at the Senior Center and is a resident of San Ramon and has been a volunteer and has served as a member on the advisory committee before. Have we had a history of having out of area residents or out of the city residents on this committee?

Ms. Lucas: Yes, the bylaws call for two non-residents on the Senior Advisory Committee and they currently have one.

Mayor Wilson: No more than two?

Ms. Lucas: They may have no more than two.

Cm. Hudson: I will move appointment to the Senior Advisory Committee of Elayne Rosdahl, with a term expiring March 2004, Barbara Schafer, her term expiring March 2003 extended to March 2005 and Sharon Rossi, her term expiring March 2003 extended to March 2005.

Cm. Tatarka: I will second.

Mayor Wilson: All those in favor?  Any opposed?

The motion passed 5-0.

Mayor Wilson: Congratulations to Mrs. Rosdahl, Mrs. Schafer and Mrs. Rossi for their appointment to the Senior Advisory Committee. I would like to thank all those who applied. Item 5.3 – Building Inspection Board of Appeal. Mrs. Macfarlane

City Clerk: The Building Inspection Board of Appeals has a vacancy. This is a special board that was established by Ordinance in July 1992 and the Board membership is comprised of a structural engineer, architect, general contractor, specialty contractor other than one from a trade regulated by the codes and a lay member of the public. There are four current members and the opening is for a structural engineer. We have an application, an excellent application, he is standing right there and his name is Paul Mitchell. He is a mechanical engineer. It is recommended the City Council review Mr. Mitchell’s application and consider appointing him to the Building Inspection Board of Appeals for a term to run through June 2006.

Mayor Wilson: What is the pleasure of the Council?

Cm. Hudson: Did he turn in a card?  Did he wish to speak or was that on a different issue?

Cm. Tatarka: Different issue.

Cm. Hudson: Ok.  I will move appointment of Paul Mitchell to the Building Inspection Board of Appeals for a term to run through June 2006.

Cm. Cambra: I will second.

Mayor Wilson: All those in favor say aye.

The motion passed 5-0.

Mayor Wilson: Congratulations Mr. Mitchell for being appointed to the Building Inspection Board of Appeals. Thank you for applying. Public Comment. Start with Mr. Mitchell.

Mr. Mitchell: My address is ***** where the fiber optic cable runs underground and the asphalt is brand new. It goes back a ways I know. Thank you for appointing me to the Board of Permit Appeals. I hope to serve on it if the Board ever has a need to deal with a permit appeal. I thought I came pretty close to actually having a permit appeal last week when I took out my first building permit. My purpose for coming here tonight and talking at public comment is to request in the future when you again revisit the fees that are set by the City that you consider a $50 permit fee, a flat fee for simple building permits. Let me tell you what I went and applied for last week. Like a number of people in this city who have homes that are in the 10 to 15 year old time range, we are upgrading our doors and putting in some of the cut glass style. In our case we are taking the double door which really is 60 inches wide but we only use one of them so it really is 30 inches. We are going to put in a single 36 inch door and widen the space. I basically did all of the work. I picked the door, picked the contractor. Made sure he had a license from the state, as a building contractor that he had certain certificates to do that kind of work. And I was expecting when I went down to city hall to get a fee on the order of $40 to $50 based on the level of service which is what I have heard in prior budgetary fee topics that have been brought before this City Council. Because it is one thing for them. There are no plans to review. It is basically a two sentence description of what the work is. And anticipating when the work is inspected, the inspector will come out and spend probably 60 seconds and look at the door and say, nice job, sign it off and be gone. For that I am being charged $138. The reason is is because the system that is currently in place, which I would like you to change, is based on evaluation of the job, not the level of service that the city provides for that particular activity. So again I would like you to recognize $138 is basically half a day of work for me after taxes. It is basically six to seven hours for my wife who is a teacher. It is two nights out with my family at a local San Ramon restaurant to have dinner. It is not a small amount of money when you put it in those terms. So again I will ask that you consider when the budget cycle starts in March and goes into June and the next time the fee structure is reviewed, perhaps there is a different way that you can encourage people to come forward and take out building permits to put in upgraded doors. Right now, I haven’t checked, I don’t have any data, but I suspect there aren’t too many people pulling permits for door upgrades, either out of ignorance or if they learn what the fee structure is they might not want to remain in compliance with the law. I believe the system of government should encourage people to be in compliance with the law and the cost for that service should be consistent with the work put out.

Mayor Wilson: Cindy Smith

Ms. Smith: Basically it is nice to be here and what I am going to talk about because it kind of embodies San Ramon. My husband and I were at the Sausalito Art Fair in September, I believe, and I had to fight the crowd to see the art of this one gentleman who actually makes structures for the park that are kaleidoscopes based around the flower pots that you can buy at Home Depot. They are science, nature, art, hands on, safe, strong and they just would fit into our parks beautifully. So I followed up, found him, got his book, have picture and will turn it over to somebody so that I don’t have to think about it any more. They are hands on. You can put as many kaleidoscopes on each structure. He has been written up in the book, stands behind his work, all over the United States. He stands behind his work. He has won all kinds of contests. That’s it. I just think you know for the kids and the parents to see something like this at the pool and at city hall, it is kind of what San Ramon is all about. So that’s it. I just think the kaleidoscopes are relaxing. So anybody who wants to relax can have a kaleidoscope too.

Mayor Wilson: Thank you Ms. Smith. An editorially comment. That is why San Ramon is the City that it is because the residents care. Agnes Radell

Ms. Radell: I intended to just speak. I am going to read it because I only have five minutes and I think I better do it that way. I am Agnes Radell, the Vice President of Sunny Glen Senior Community and we are in San Ramon on Fircrest off of Alcosta. We have a problem. The flooding of our clubhouse. On December 16, 2002, 16 residents were flooded so badly that many were displaced and approximately five cars were flooded and had to be towed away. The only ones covered by insurance were the ones that had mortgages. We need monetary help for the 16 residents and for our clubhouse because that affects all of our residents. The City could help in many ways especially waiving permits which the gentleman just spoke how expensive they are and inspection fees. We already have received bills for just drying out and cleaning our place and getting rid of rugs and all the things that were just sopped, $30,000 already. And according to our problem which was created I would say by the drains clogging up and the other thing is the creek. We have San Ramon Creek which was not cleared as required by the MOU from the California Department of Fish and Game and the City of San Ramon dated 5/13/99. I am sorry that the City did not come forward when they were notified of the damage. We would like to see the four yearly project reports that were to be sent to the Fish and Game Department regarding keeping the San Ramon Creek clear of debris. Shirley Albert and myself had to find who was responsible. First I called FEMA. Finding who owned the property by going to the county assessor’s office and talking to Gus Kramer who is the assessor. He referred us to Fish and Game. Fish and Game warden Nicole Casigi in Monterey who referred us to Jackie in Yountville, it sounds like a round robin, who faxed us a copy of the MOU which is a memorandum of understanding. I went to thank Bill Daly who was one man in the Fish and Game Department who really helped us in trying to trace this down. Now I think Mayor Wilson was really the best one of the group, I hate to say that to everybody else. But he came over and looked at our damage, he saw the problems we are having down there and he was very nice. He came back twice in fact. And he even saw the condo that was completed damaged. Those people just had to move out completely. And now I don’t know. Some of them were trying to find places for them and see how they can make it. Now in closing, I don’t have too much time, I would like to say that according to the MOU which is the memorandum of understanding, the City is responsible. As of this date the creek at Alcosta and Fircrest behind the firehouse and the dental offices have not had the debris removed and if we have another flood it is going to be really bad. And we don’t want another one of these. So we will be waiting to hear from you folks and see if you can help us because before we can proceed with the restoration we need an assurance by the City of some kind of assistance. Thank you.

Mayor Wilson: Mrs. Alberti

Mrs. Alberti: Before the clock starts may I just ask everyone who is here from Sunny Glen raise their hand. I was asked by a couple of the Councilpersons to see who was represented tonight. And welcome to Ms. Waiters and good luck to you on your job. We realize that no one has control of the rain or any other act of nature. But the only actual official phone call we got from the City after this disaster was one that said "we are sorry, we can’t help the rain. We are not responsible". Well this didn’t sit very well with us. If you consider a dark rainy night, stormy weather, five o’clock in the morning, a senior lady getting out her bed in the dark, stepping into water that was six to eight inches deep. Panic set in. She turned on the light, worked her way through her living room and there all of her Christmas presents were floating all over her apartment, her condo. She tried to get out the front door and the pressure of the water was so strong that she couldn’t get out. She had to kick her way out. Front that point she went for safety in our recreation room which was flooded worse. To be told that this is not the City’s responsibility is ludicrous. We know that no one has control of the weather. However we feel that this flood most likely could have been averted with more timely housekeeping. In times past the intersection of Fircrest Lane and Alcosta Boulevard floods when there is heavy rain. And such was the case just a month previous to this flood. The firemen at that station should be able to tell you of all the past times that that has flooded at that intersection or Public Works. So this leads us to believe that perhaps the drains should be tested and cleared before the rainy season. We knew this rain was coming. We were warned by the weather man. And, in addition, while the creek has not overflowed to this extent, it has risen high enough in the past to warn of the possibility. And we can only assume that the City was aware of this since before the business of the Villa San Ramon was built, approximately 12 years ago, this particular piece of property which is required to have, what I call a seawall. And it also has a stormdrain easement in place. All this leads us to believe a flood at some point is expected. Now we understand that private property owners who are adjacent to the creek have the responsibility of keeping their area clean of debris unless, of course, they have opted to sign that chore over to the City. And of course the City itself has the memorandum of understanding with Fish and Game to clean out the creek by mid October of each year. This is a contract that is renewed every five years. And reports I believe four times a year have to be reported to Fish and Game. And it appears to us that this agreement was not undertaken by the City this year. So we request at this time that the City accept responsibility for the damages incurred by Sunny Glen and we realize there may be reluctance to accepting responsibility but the truth must be faced and not denied. We also request that in the future the City implement a yearly notification to private owners to keep their creek properties free of debris or the City will clean and bill for services. Our assumption now is that the City, Fish and Game and the Fire District will join in altering the stream bed or otherwise prepare and prevent this from reoccurring. And also ask for cooperation from other cities upstream. But in closing we would like to extend our thanks to the workmen of the Public Services Department. They responded quickly and did a fine job of cleaning our streets. And in closing I would also like to say that lady that stepped out of her bed into water had 15 other neighbors in the same situation, some of whom were in their 90s. Very scary in the dark of night. Thank you.

Mayor Wilson: Mr. Grandy

Mr. Grandy: I am also a resident of Sunny Glen and I would like to second what was said by Agnes Radell and Shirley Alberti. And I would like to also say that I think the City Council should really review their emergency procedures because in this case the City responded very well in sending a work crew to come down to help unplug the drains when they were called at five o’clock in the morning. Then after the water had drained from the area they sent City street sweepers down, cleaned up all of the debris, got rid of the evidence on the City streets and left the citizens of the community to fend for themselves in every other way. We had to, on our own, take care of our own people and there wasn’t any response, that I could see, from the City immediately after the flood to try and help the community. On the technical side I would like to also say that the City should review how some of the permits get issued for some of the buildings in the area. Now this flood occurred because of a number of things. First of all there is a 100 year storm, something we have no control over and you have no control over. There is the creek which has been addressed a couple times which you do have some control over. And that creek overflowed and sent water directly down the Fircrest Avenue into our community. The other thing is that the cleaning of the drains that Shirley Alberti addressed. The third thing is that the community that is to the south of Sunny Glen, and this is an apartment community, they erected a stone wall all along the border of Sunny Glen and on the other side of that border they have, at the time it was constructed, there was a mound of earth prepared behind the wall. That insures that no water can escape from Sunny Glen once it gets trapped in and around the center at Sunny Glen in that community parking area. The only way you can exit from our community is through the drain that was built 40 years ago when the community was originally constructed. And I think that there was some negligence at some point in the past when they allowed that community to block the flow of water to the south out of Sunny Glen. Thank you.

Mayor Wilson: Robert Bochenczak

Mr. Bochenczak: I am president of the Sunny Glen Homeowners Association. Before you, you see a crowd comprised of our community members. I wish to thank first of all, all of those that did help the day that we had the rain and helped our neighbors and friends get through it. The reason for this mass attendance today is that we feel that there has been a failure of City services. I can not, I don’t want to reiterate all the beautiful prose that already has been said by Shirley. She hit the point right on the head. But there was a prelude to this occurrence which occurred a month ahead of time when the fire station on Alcosta and Fircrest flooded. That was an obvious warning sign that something was wrong and nothing was taken care of. As you look at the creek and if you start and if you go up to Wisteria Avenue and San Ramon Boulevard, walk along the creek. You are going to find trees falling in there, trash in the creek. It has never been taken out. And as the creek snakes its way down to our area and through the golf course, which I believe must have had some effect on all of this. It is backing up at Alcosta and it is causing our problems. So all we are looking for is for the appropriate department within this government to search its conscience and do the right thing for those people that were affected. Thank you.

Mayor Wilson: Ray Alberti

Mr. Alberti: My wife Shirley did an excellent job describing what went on at our community. I just like to reiterate what has been said before. I personally believe it is the debris behind the fire station. I agree with Bo, upstream there is a lot of debris that comes down. So if you take the time to walk the Iron Horse Trail like I have on numerous occasions, in fact I filmed this on video. I have got it all on video tape the day after the flood if ever you wanted to see a video. But there are some pictures floating around which I am sure you will see soon. But right behind the fire station if you are on Alcosta and you look down, you probably can look down about 20 feet. That is where the creek water normally is. And the V shape of the channel, it must be 50 across. For that water to rise up that high and flood, go through the fire department and then go rushing down Fircrest past our house and then when it got down to our club house it took all kinds of rocks and so forth from our landscaping and our community and apparently across the drain. I am not sure but I believe your Public Works people cleaned the rocks or the debris away and then the level went down. But I think the culprit like as has been pointed out before is the creek itself. There are trees in the bottom of that creek that big around. Obviously it has never been cut down. It is nice to have tree lined creeks if the trees are up on top. But some of these trees are right almost down on the bottom on the water. And if you go down there today or tomorrow behind the fire department and personally look at that thing you will see debris hanging 20 feet up in the air from the floods. To me it is like cleaning your gutters on your house. You have got the gutters and just two or three leaves can block the downspout and when that happens it backs up. In my way of thinking that brush behind the fire station is almost like taking a grate and putting it sideways. The water comes through because that underpass under Alcosta Boulevard from the golf course is huge. It can hold an awful lot of water. But to me when you go through and hit the fire department area and then all the way down until it makes a bend and then it blends into Dublin area. And there it is clear. If you walk down the Iron Horse Trail by the property, Alameda County, Contra Costa County property line, where you have a nice plaque there, you will see on the Alameda County side by Dublin I don’t know where the creek goes but that is clear. There is a lot of wild life, wild birds and so forth. You don’t have the situation that you have behind the fire department, times up, behind the dental office or Villa San Ramon. So again I would like to ask your help in investigating this and see what really is the culprit here. And I believe that would be one of the major problems. Thank you.

Mayor Wilson: Thank you Mr. Alberti. Jacque Foster

Ms. Foster: My mother in-law lived at Sunny Glen. She passed away in November and we were in the process of remodeling her unit but we are pushed back a long ways because hers was one of the worst units. We lost a lot of stuff that we had donated away and stuff that we had stored. I have a newspaper article that was in the San Ramon Valley Herald. A picture of the intersection with the water, it was up to somebody’s knees at the time and my mother in-law’s unit is in the picture. It is right on the end. It says to quote "part of the problem is that the neighborhood is partially in a flood zone". City maintenance operation manager, Jeff Gault said. "Usually runoff goes through south San Ramon creek affecting neighboring houses". These are my questions. If the City has a flood plan since the creek is identified in a flood zone why was the creek not serviced on a regular basis to keep any possibility of flooding down. And if there is a flood plan why were the sewers not kept serviced. What is the schedule for maintaining the creek and sewers. If there is a flood plan there should be a maintenance schedule. And when were they last serviced and checked. And my son and my sister heard about free sand bags. We went and got some but many of these people in this room here and that were affected are in their 80s and 90s. They could not handle those sandbags. We got a lot of them for them and we moved them for them. But they needed someone else to help them which was not available. It has been 30 days. We are still cleaning up. We have mold growing on floors that we had cleaned and recleaned, countless bottles of bleach, acid and dampness and condensation still persist. We don’t know where to go. The City maybe can help tell how to deal with this situation. Because I myself am getting rather frustrated and depressed about it. So I would appreciate it and I will leave you with a copy of this. Thank you very much for your time.

Mayor Wilson: Durwin Shepson

Durwin Shepson: I am Durwin Shepson and I represent Villa San Ramon on Fircrest Lane. I thought that I might be able to shed some light for most of the people here on really what happened that night because in 1986, actually 1985, after we had purchased the property for Villa San Ramon in the Sunny Glen area, we found that the entire south end of Sunny Glen, at the far south end of the City rather, had never been properly mapped in terms of the flood plain and what it showed was that the whole area of Sunny Glen was in a flood plain, and of course, that being the case we would never had been able to build there. So we worked with .......... the engineer and had the entire area engineered for what would happen in case of a hundred year flood and actually had to go back to Washington D.C. and change the map of FEMA for the entire south end of San Ramon. That map I brought with me tonight and in the letter that came to Wayne Bennett, when he was then the Mayor, here are just a few copies of it, of the letter as well as the revised flood plain map that resulted from our efforts. The good thing about what we were able to accomplish is that the majority of Sunny Glen was taken out of the flood plain and as a result of that you can get insurance, before that, you would not have been able to. But it also defined exactly what portion of Sunny Glen would be flooding and actually how it works. Let me just take a brief moment here to tell you how it works functionally. The creek come under Alcosta Boulevard and there are two large box culverts there at Alcosta Boulevard which are capable of handling X amount of water and once they fill up, that water then is limited to what can go through there. And the creek channel was designed to carry that water and in a hundred year flood plain, when that fills up, then it backs up into the golf course and the golf course acts as a dam for additional water until the golf course gets filled and then it runs down Fircrest as it did the day you are discussing. Everything that happened, happened exactly as the map shows. Except it didn’t damage as many properties as are shown to be in the flood plain because it didn’t come up that high. We ourselves had an event where one of our workmen who is in charge of our maintenance, was concerned and he got up at 4 o’clock in the morning to drive in and he was the first one who got trapped in the flood. He came down to Fircrest in the area at the intersection in front of the fire station, didn’t see the water and his car flooded all of the way up – half-way up to the doors and he had just bought the car and it was totaled. He then went – he was able to escape through the windows, he couldn’t get the doors opened, and went to the fire station and that was the first time that they knew there was a flood out there and they then came out and put up barriers so that people would realize that they shouldn’t go in. But at night time you can’t see the water if – and he went right into it. So we had our own little event that was not very good. But anyway, I wanted to let you know that when the Villa San Ramon was built, we cleaned out the creek from the north end of our property all the way down to the south end of the property and completely restructured the creek where there was damage to the bank – we put in rip-rap and that rip-rap held up well in this flood I might say. The engineer that did the work, the hydrologist, had calculated that in a hundred year flood the wall that was built that was referred to as the "seal-off" it is actually a wall to protect our property from any problems and erosion, and it would, the water would come up to within a foot and one-half of the top of that wall. That night it came up to within a foot. So it was a significant amount of water flow that came through there, but what happened was it backed up because the culvert couldn’t take it, it actually came over the culvert and you could see where the trees and the bushes had come over the culvert the next day on Alcosta Boulevard, ran down Alcosta toward the fire house and of course from the golf course down there and it all converged at that entrance of Alcosta and Fircrest and then it ran south into Sunny Glen. The problem that you have is that at the end of Sunny Glen there is no way for the water to get out. And the people that built in Alameda County on the other side were wise enough to build up their land so that they were not in a flood plain and that portion had been studied in the past about the time we bought the property in 1984. And, so we know a little bit about what’s going on, the problem is that there isn’t any way for the water to get out and that should probably be addressed. But everything they said about the creek maintenance is also true. I think there were a few things of vegetation behind the Villa that needed to be cleaned up but almost all of it was north of the Villa. And also at the south end of the Villa where it goes into the – what used to be the SP right-of-way, that also has a lot of vegetation which is – I am not sure whose responsibility that is, I guess the City, so the only way that you can help is to speed up the movement of the water through there because the amount that can go through is already restrained.

Mayor Wilson: What I would like to do at the present time is to let you know that the City at present is taking steps to protect and educate the residents and we are working on this problem. The entire Council here agrees with me, civilization is judged by how they treat and take care of their children and their elderly. San Ramon is someone that cares. Right now I would like to take a five minute break and we have forms here so that anyone that has a claim, pick up a form right now and fill it out and return it to the City. So we are taking a five minute break so that you can obtain the forms.

All Councilmembers were present when the meeting reconvened.

Mayor Wilson: Thank you. Back to Public Comment. Richard Yee.

Richard Yee: I am a Thomas Ranch homeowner. I am here tonight to speak on something that perhaps you are not aware of yet. We got noticed from planning staff that they have decided to agree to accept the common area landscaping at our particular development with no changes. And on behalf of the other homeowners in our development, we are opposed to that. You know, in my profession, I secure entitlements for a major retailer and I know from my experience that sometimes the process is very lengthy, perhaps even years, but, you know, I have never come across staff that has given up where they have come back and said look, this is too hard, we don’t want to work with you guys anymore, we just want you to go away. So, what we are asking is that you please not allow staff to give up on us and you don’t approve staff’s recommendation to accept the common landscaping area landscaping, excuse me, without changes. Help us resolve our issues with New Cites and William Lyon Homes. So in closing as residents of the City of San Ramon and as your neighbors we respectfully ask for your help.

Mayor Wilson: Thank you Mr. Yee. Jamie Clark.

Jamie Clark: My name is Jamie Clark. I represent as well the Thomas Ranch Homeowner’s Association. When I purchased my home back in March of 2000, I was given a set of plans in the sales office indicating that my home, or my lot would be adjacent to a large, common area parcel that would be professionally landscaped. Many homeowners such as myself paid a lot premium for this and we were promised by the William Lyon Homes sales representative that the City of San Ramon was very, very strict in their standards and that they would be held accountable, that the developer would be held accountable to deliver the plans as promised. As I stand here tonight, it is now almost three years since I bought my home and what was promised to me in those plans is no where near what is there at present. It still remains undelivered. Yes, the landscaping was installed but in no fashion is even close to what was on those plans. I have those plans here tonight for anyone who is interested in looking at them. It looks no better today than on the day it was installed. And in fact I received a letter from my insurance company back in September stating that because my home is adjacent to that large parcel, again, that parcel that was supposed to be professionally landscaped, that because an agent from my homeowners insurance company came by on an random inspection saw that parcel, deemed it a brush area, they decided to terminate my coverage. So, basically I had to go and find new insurance coverage. You know while I realize that one person’s vision of beauty is very different from another, it does not take a trained eye to distinguish a brush area from an area that was supposed to be professionally landscaped. It is a large difference. Representatives of our homeowners association have met exhaustively with members of the City and we were assured that the City would work with us to make a collaborative effort to hold the developer accountable for these issues as well as other issues in the development, not just the landscaping that is the issue although that is what I primarily am here to talk about tonight. We were promised back in the spring of 2002 that our punch list would become their punch list. In other words, whatever was issues of ours would be issues of the City. However, since that time, not one plant has been replaced, not one irrigation has been repaired, the state of the common areas is worse than ever. Despite all of this last Friday, our homeowners association president was notified by mail by Mr. Charlie Mullen of the Planning Department that the landscaped parcels would be accepted by the City as is with no changes made. I just don’t understand what happened to the promise of the City to back us up and hold the developer accountable. When I drive around new sub-divisions in the City of San Ramon, I am saddened, I’m angered. I’m saddened that our developer which is a Monterey based company for whatever reason has not been held to the same standards that other developers in this area have been held to. In that – I’m angered that after three years that our sub-division looks no better than it did previously and that we are still waiting for what was originally promised to us. I ask that the City Council on behalf of our group of 140 tax paying homes that the landscaped parcels not be accepted at this time and not until the promises that were made on those plans were fulfilled.

Vice Mayor Cambra: Mayor Wilson – excuse me ma'am. I would just like to have a copy of what you had said you would like to get us a copy of.

Ms. Clark: The plans, oh absolutely. I have them here tonight.

Vice Mayor Cambra: Oh great, if you can get them to us I would appreciate it. Thank you.

Mayor Wilson: Angela Merjano

Ms. Merjano: Good evening Mr. Mayor and City Council. I am a homeowner in the Thomas Ranch area and I am here this evening to discuss the street. We have an area in front of our home that has been into it. There has been a leakage there since before the home was built. When we moved in, in May three years ago there was this water draining from the street. I can pass these pictures. They are not very good but they will do. The water has been draining ever since. I called the City Engineers. They have come out. I did talk to Thomas Wang. He did also have someone come out. We really got no satisfaction whatsoever and we still have this water draining. Of course we have been told that people are watering their lawns too much which it can’t really be because I don’t think that is really going to happen that way. But we would like to have this resolved and we have met with your City engineers. And we have even had Nancy with us at a meeting that we discussed all of these things. And we still have nothing resolved. As a taxpayer of San Ramon I am pretty much disgusted right now as well as a lot of my co-homeowners are. We have a lot of problems and we have brought it to the Board and everything but nothing has being resolved. I would like to see something done. And we do like I say pay the taxes and we help this community too. Thank you.

Mayor Wilson: Thank you. Margo James.

Ms. James: Hi Margo James, also at Thomas Ranch. I have been here before speaking to you about the problems out there. I am the one that this letter was addressed to from Mr. Mullin about accepting the landscape improvements. A couple of points that I would like to, well first I would like to request a meeting with City staff and/or with any member of the Council that could attend that to talk about why they are accepting this. I have serious concerns about the basis for the staff recommendation. In the letter Mr. Mullin says he is relying on an August 2001 letter from the landscape architect that was hired by the developer. The landscape architect says that the landscape substantially meets whatever their original specifications were. I have a letter in 2002 also from this landscape architect that says that they didn’t go there and check to see if everything was done. That they were relying on the landscape contractor who was also hired by the developer. That is double hearsay. When we met with City staff originally, I think at that time Mayor Tatarka was there, the City staff told us that they didn’t have the resources to go out and count every bush to make sure that the landscaper had done the job that they were supposed to do. But we hired a landscape consultant of our own who did go out and count every bush. And they came out with a number missing or dead of 30% of the plants that were supposed to be out there. So I would like to know, well actually I would just request City Council please don’t approve this recommendation of staff until we have met and tried to work this out. We have given the staff all of our consultants reports and it is not even referenced in this letter. On a positive note I would really like to thank the City for putting in the Memorial Park on Bollinger Canyon and San Ramon Valley Boulevard. It is fantastic. There is always a huge number of people there. Every section of the park is being used. So it is wonderful. I love to be in San Ramon but just like my other neighbors I am really disappointed with what has happened out there. You have kind of let the wolf guard the sheep here. That is my opinion. It is great when the system works, when the developer is honorable and does what he is supposed to. But quite frankly I don’t think you have the resources to deal with a developer like the one that we have got that is out and refusing. Part of the reason that some of the landscape wasn’t done because the developer didn’t pay the landscape contractor and so the landscape contractor refused to do any more. Ok. Thank you very much.

Mayor Wilson: Thank you Ms. James. Greg Bortolussi

Mr. Bortolussi: Ladies and gentlemen, I want to amplify on some of the comments. I am also one of these pesky neighbors of Thomas Ranch who come down here periodically and ask for your help. I also have some photographs of the same street. As you are passing them around you may scratch your head going why is this individual so upset about all of this. It is just a little water in the street. I bought my house in June 2000 so we are talking 2-1/2 years ago. I have had repeated contact with City staff starting a few months after the purchase telling them that there was water in the street and I was assured as was repeated by some of the other homeowners that it would be on a punch list and it would be corrected before the project was turned over to the homeowners. The initial contact was with Detlef Curtis who repeated a mantra "we will not accept this project until this punch list is completed". And it was a mantra repeated to me every three or four months. As you have now heard the City staff is now making recommendations this is going to be accepted. It is kind of emblematic of what we are running in, in terms of the City staff. Theoretically the staff works for the citizens. I think that illusion went away a little while ago on my behalf. The City staff works for the new City Manager who works for you and they take your instructions from you. I am not asking the City to repair the street or to repair the items that are here. I am asking the City to hold the developer responsible for the omissions on this to get it fixed. I do not believe the City nor we as homeowners are going to get a dime from New Cities. We may be able to cajole William Lyon to adhere to some sort of moral responsibility. When I purchased my home no mention was made to me that. I bought my house from William Lyon but all of the infrastructure was purchased from New Cities. Nothing in the sales literature mentioned that. I hope with the new City Manager that we may be able to light a fire under some of these folks and once again I urge you not to accept the staff recommendation at this point. Thank you very much.

Mayor Wilson: Thank you. Ed Boyaw

Mr. Boyaw: Good evening Mr. Mayor and City Council. My name is Ed Boyaw. I live in the last subdivision on the left hand side going up Crow Canyon separating San Ramon from Danville. The first part of December I happened to notice when I was standing in my front yard on a Saturday morning that there was a new addition to our street out there. And the addition, after four or five minutes of looking around trying to figure out what had changed in our front yards was the indication of no parking signs across the street. I was one of the very first homeowners that moved into that tract, almost 13-1/2 years ago. There had never been any no-parking signs on that street and all of a sudden they appeared. Now as a proactive city I have received numerous and countless types of advertisements, whether it was my neighbor opening up a small business in his house to your new city hall here and approvals and comments on that. At no time can I remember or did I see in our mail anyway, not to say that it didn’t go out, but no one has contradicted that, that there was some kind of a notice of no-parking put in front of these homes out there. After going down on the 16^th of December and discussing this problem with your traffic coordinators here in the City offices, we discussed a number of reasons why possibly the signs were put in. One of which started I guess by a complaint by one of the homeowners from the subdivision there in regards to tight parking as well as a blind curve in the subdivision. Now the blind curve in my opinion, and being an engineering contractor for some 18 years, I have dealt with a number of site improvements as well privately and commercially. We have done projects for you people at the City from the Reedland Circle slide repair to creek mitigation on Alcosta just above where you are having your problems right now. And I am somewhat familiar with procedures and steps. I have heard everything from the possible inspector overlooked the fact that the signs were put in because it does appear on one page of the plans that shows no-parking signs. However 14 years ago they weren’t implemented. I know from doing enough site improvements that there is always walk-throughs by more than just the inspectors at the end of the project to accept the sites. At that time anything that is missed is generally picked up and implemented. There is a reason why these signs were put in. No one from your traffic control can answer the question why they were. And myself along with five other homeowners, that these signs are actually impacting the parking situation that we have out there, are requesting that you rescind your order, have the signs removed as they are of no benefit to us out there. We have an extremely small street, well not extremely small, it is kind of common to the older streets that were developed out here, it is a 32 foot wide street, which was one of the reasons that they thought the signs went in. However the signs are only at about 150 yards of Reedland Circle. There are other areas in that particular tract that have turns that are just as tight. As I explained to the traffic coordinator there at the City, it is a blind turn if you going 40 to 50 miles an hour. The speed limit in the area is 25 miles an hour. And as long as they adhere to that there is not a problem. With the implementation of the signs being put in here, what we have noticed by standing in my front yard on the weekends, which is the only time I have to stay home as most of us are working, and I am gone from early hours in the morning until late at night, is that the few speeders that we have in our neighborhood seem to be taking advantage of the fact now that they know that there is no parking on or Reedland. They seem to be coming faster because they know that there is going to be no one going to be parked over there. And if anything it is going to create more problems than what it had when we never had the things put in there. So I am respectfully requesting that the signs be removed. Basically we were told that the Council did approve them to put them in because of the plan that was posted. But I don’t believe the fellows have done enough homework quite frankly to look at the reason why they were left out. I have talked to the code enforcement officer at the fire department. He has no real answer for me because he felt at the time when the tract was built, between then and now, obviously the codes have changed the way they would implement them. But my position is I bought the house without them because of the tight parking around there. I am not to expect my 85 year old in-laws to walk 300 yards up to my house because they have to park down around that street. So Ms. Waiters I am requesting that possibly someone can help mediate my problem between the traffic control specialist that you have here and myself to help eliminate this because the six of us neighbors seriously oppose these signs being put in. There was never no reason for them to be put in before and I don’t see it now. Thank you very much. Unless you have any questions.

Mayor Wilson: Thank you. Carla Hannum

Ms. Hannum: Mr. Cambra these are the plans that you need. I am Carla Hannum and I am part of Thomas Ranch. So I am here to ask your assistance as well. I am very disappointed in the condition of the community. And I want to give you some perspective of the past, present and future so that you all can understand where the motions are coming from, from all of us, all of the disappointed 140 homeowners. Three years ago in 2000 Thomas Ranch was built. Gorgeous development. Right now the homes are worth between $700,000 and $1.5 million. This beautiful community with horrible landscaping. We have a hill behind the community off Crow Canyon and Bollinger Canyon. This hill is the responsibility of the homeowners association once we take over the responsibility. So that means 140 homes, which is not a lot of homeowners, will have to be responsible for cleaning up this mess. There is I think it is 800 and 31% of the plants are missing. I believe that is 850 plants. Is that right. Approximately. And that is just one example. There is already you can see like mud slides. There is a crack in the hills that needs to be repaired. Now I know that this issue that we have right now is about the landscaping but the landscaping with these missing trees, we were promised wild flowers and that never took. So this promise of wild flowers, this promise of beauty, when you are looking at you know beautiful homes, manor and plantation homes and you are seeing weeds where one of our homeowners can’t even get insurance. It is appalling, absolutely appalling that the City would look at this and say "no problem, we will accept this William Lyon, we accept this New Cities". It is appalling. I really please request that the City take more proactive responsibility, does not see this as an issue with the HOA and William Lyons, because it not. This is about our community, San Ramon community. We have standards, the City has standards. This community, an elite community, is not living up to those standards. It doesn’t look like Bridges and it should. It should be what we were promised and please City make that happen with William Lyons and New Cities. Thank you.

Mayor Wilson: Thank you. I believe we have another public comment.

Ms. Freihofner: Hi I am Christa Freihofner. I am kind of surprised and this will probably surprise you too that I have a William Lyons home. They built over 30 years ago in my neighborhood. And I remember when this development took place there were a couple of original owners that were quite outraged because it seemed at the time that William Lyons did not do what they promised and actually had a lawsuit with them, which they lost of course. So I am just here to let you maybe they are just not up to date and I might say that one of the ones who was outraged the most was Cornelius Stewart. So you remember Stewart very well. So if you want any information from him you contact him. Thank you.

Mayor Wilson: Alright. Thank you. Are there any other public comments? Mr. Cambra.

Cm. Cambra: Yes, I just wanted to ask our City Manager if she could do a couple of things for the Council, for me specifically, but I am sure everyone here would want it also. I would like to get a staff report regarding Mr. Boyaw’s question regarding how that happened and I am been filled in very well by email by the Thomas Ranch people but I have yet to see very much come from staff. So I would like to request all staff reports and correspondence on the Thomas Ranch situation from the staff’s side of it and just assure everyone that it ain’t over yet. Thank you.

Cm. Dickey: May I add that that is the supporting documentation also Margo that you mentioned. We would like that included.

Mayor Wilson: I would like to make a statement. On as far as the Thomas Ranch and any other comments that we have heard this evening that will be addressed, it would be a part of staff that would be automatic that each member of the Council will receive all data pertaining to the Thomas Ranch so that we can properly evaluate it and get back to you as soon as possible. And that will normal procedure on any public comment. This is something that will.. What happened in the past, happened in the past. This is a new day. We start a new day. Any other public comments? I would like close public comment. Thank you. Item 7 – Approval of Minutes, 7.1, 7.2 and 7.3.

Cm. Tatarka: Take them one at a time Abram?

Mayor Wilson: Yes, 7.1 minutes of September 10. Ms. Dickey.

Cm. Dickey: I just, on page 32, line 24. My comment was "I would not have them come to me".

Mayor Wilson: Alright thank you. Are there any other comments or adjustments for September 10?

Cm. Dickey: On September 10, page 52, line 32 "something that was working against the residence" should be residents and other than that mine are. Do you have anything else?

Mayor Wilson: Any other on the minutes, 7.1 September 10. What is the pleasure of the Council for 7.1.

Cm. Tatarka: I will move approval with the minor corrections on Cm. Donna Dickey.

Cm. Dickey: I will second.

Mayor Wilson: All those in favor say aye – opposed?

Cm. Hudson: Abstain

Mayor Wilson: One abstention.

The vote on the motion was 4-0-1 (Cm. Hudson abstaining).

Mayor Wilson: 7.2 – Minutes of November 26.

Cm. Dickey: Hold on. I believe this is when you were nominated and confirmed as Mayor and I don’t see it anywhere in here, the vote or the confirmation.

Cm. Tatarka: Where are you speaking Donna?

Cm. Dickey: We are on November 26.

Cm. Tatarka: Is there a page?

Cm. Dickey: No because I don’t know where it would be.

Mayor Wilson: What we will do with 7.2 is wait to approve those at the next Council meeting. We will go to 7.3, minutes of December 10.

Cm. Dickey: Ok, page 18, is it 18. I am sorry it is 19, line 31, "obviously you didn’t get my message", get inserted between didn’t and my. On the next page, page 20, line 40 it said "what you wanted to be on and you left it to my decision", it was " left it to my discretion".

Cm. Tatarka: Thank you.

Cm. Dickey: I think that is it.

Mayor Wilson: Ok, motion.

Cm. Dickey: With those minor changes, I move approval.

Cm. Tatarka: I will second.

Mayor Wilson: All those in favor, opposed.

Cm. Hudson: I abstain Mayor Tatarka. It is a habit you can’t break.

Cm. Tatarka: It is a reaction.

Mayor Wilson: Item 8.1, Consent Calendar. Any item you would like removed from the Consent Calendar for discussion?

Cm. Dickey: I would like to remove 8.11, the Telecommunications Ordinance.

Cm. Hudson: I would like to remove 8.2.

Cm. Cambra: 8.6

Mayor Wilson: What is the pleasure of the Council for the remaining items on the Consent Calendar?

Cm. Hudson: I will move approval of 8.1, 8.3, 8.4, 8.5, 8.7, 8.8, 8.9 and 8.10.

Cm. Tatarka: I will second.

Mayor Wilson: Alright, so moved. All those in favor.

By a 5-0 vote the following consent items were approved.

REGISTER OF DEMANDS
A Register of Demands dated December 5, 10, 15 and 22, 2002 and January 6 and 15, 2003 in the amount of $2,130,379.70

RESOLUTION NO. 2003-03
Amending a portion of Resolution No. 2002-15 pertaining to the conveyance of certain 10,655 square-foot vacated excess right-of-way, approving the conveyance of said parcel to the Alcosta Center owners and authorizing the Mayor to execute a Grant Deed

RESOLUTION NO. 2003-04
Authorizing the Mayor to execute on behalf of the City of San Ramon a Quit Claim Deed in favor of Paul Cortese, James E. Gallagher and Renee B. Gallagher (Cortese, et al.) with respect to a 9,193 square foot parcel of land (APN 208-260-022) and accept on behalf of the City a Grant Deed in favor of the City from Cortese, et al., with respect to a 36,050 square-foot parcel of land (APN 208-260-024) as part of the Deerwood Road Improvements Project (CIP 8113)

RESOLUTION NO. 2003-05
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 White Oak Landscape for construction of the Memorial Park Project (CIP 8207) and Bollinger Canyon Median Landscape Project between San Ramon Valley Boulevard and Morgan Drive (CIP 8344) in the amount of $75,000

RESOLUTION NO. 2003-07 
Authorizing the Development Services Director to execute an agreement with Pacific Gas & Electric Company for the relocation of an existing underground gas line located within the abandoned portion of San Ramon Valley Boulevard to allow for the construction of the Alcosta/I-680 Interchange Project (CIP 8144) in the amount of $161,250 and approving a 10% contingency

RESOLUTION NO. 2003-08
Authorizing the Mayor to accept a Grant of certain open space conservation easements and public access and use easements associated with the Sierra Suites Hotel Project, 2323 San Ramon Valley Boulevard

RESOLUTION NO. 2003-11
Authorizing the Mayor to execute an agreement with Case Equipment for the purchase of a backhoe in the amount of $75,000

CONTRACT QUARTERLY REPORT 
City Manager and Designated Directorates Contract Quarterly Report October to December 31, 2002

Cm. Cambra: I would like to have a staff report in detail on 8.6, Braddock and Logan/Terrazzo Unit #1, since it is accepting improvements in a subdivision since we have heard what we have just heard, I would like to have a detailed report on that if I could please.

Mayor Wilson: So 8.6 we will remove and have that on the next City Council agenda.

8.2, TDA Grant Application, and 8.11, Introduction of Wireless Telecommunications Ordinance, lets make 11.1 and 11.2.

Mayor Wilson: Item 9 – Written Communication – none. Unfinished Business. Staff report by Mr. Estep.

Mr. Estep: You have before you tonight an ordinance that provides for an exception from Transit Occupancy Tax for charitable organizations providing emergency housing. This ordinance was introduced at the December 10 Council meeting and fiscally we don’t expect this to be, this should be a negligible amount as this is a fairly rare occurrence. The way this was brought about was last summer a family had their house burn. The Red Cross stepped in and provided emergency housing at a local hotel. At which time they paid the full cost of that including the transient occupancy tax which is 7-1/4 %. Following that there was a request made as to whether we might be able to pass an ordinance which would allow charitable organizations to not have to pay that 7-1/4%. Although it is a minimal amount the Red Cross and other charitable organizations rely on every dime they can to use for purposes of providing their services. So the City Attorney investigated this and what you have before you tonight is an ordinance that would allow such a provision for charitable organizations. And staff recommends that the City Council hold the public hearing and adopt the ordinance.

Mayor Wilson: Thank you. Questions? Ms. Dickey.

Cm. Dickey: No I don’t have any questions.

Mayor Wilson: Ms. Tatarka

Cm. Tatarka: No

Mayor Wilson: What is the pleasure? The public hearing is open and closed.

Cm. Dickey: I move approval of the ordinance next in line to provide exemption from transient occupancy tax for charitable organizations to provide emergency housing and I waive reading the ordinance.

Cm. Cambra: And I will second.

Mayor Wilson: So moved.

Cm. Cambra: I would just like to say that this particular ordinance was brought forward by Jane Jennings who works with the Red Cross and I was there at the fire. She has been trying to get this through for a while and asked a number of people. And I think it is great that she stayed with it because the dollar for the Red Cross will go a lot farther now. So thank everyone for putting this forward on City staff. I appreciate it.

Mayor Wilson: Thanks Ms. Jennings. We will take a vote. All in favor? Opposed?

The motion passed 5-0.

Mayor Wilson: 10.2 City Council Liaison Appointments. I want to make a brief statement about the liaison appointments. I have spoken with every member of the City Council and there are one or two adjustments that I would like to make. Aquatics Facility Needs, again this will be an on-going study that we will evaluate the study given to the aquatics because as we build in Dougherty and have other needs, it will come back and forth. But right now I don’t really see there will be a need to assign City Councilmembers to the Aquatics Committee. Under Transportation Advisory Committee I would like to replace Mr. Cambra with Mrs. Dickey and Mr. Hudson. There is one item that is not on here. It is the City Center Oversight Committee. That is at the present time being re-evaluated so we are going to hold off on that assignment until an evaluation at the next meeting. The Finance Committee – one thing about the Finance Committee, I think the finance in this day and age is the heart of the city. In every city now in California especially with our deficit. I think it is imperative that the Mayor be in the forefront of understanding of what goes on in the Finance Committee. I originally was going to be on the Finance Committee but I have decided that it is so important that everyone has an understanding about the finance so I would like Mrs. Tatarka to be on the Finance Committee with the understanding that I will be attending every Finance Committee meeting, sitting in the back and probably grabbing at the chair because I will have to be quiet so that there is not a Brown Act violation. Again, I think that finances in this city are so important that anyone and every Councilmember who can attend one of these meetings so that they can get a better understanding. Any comments? Yes Ms. Tatarka.

Cm. Tatarka: Abram I just have a quick comment as to why you feel it is necessary to be at those meetings?

Mayor Wilson: As I stated I believe right now with our concerns about finance and the budget, any time that anyone can be enlightened. It is a public meeting, everyone and anyone can attend.

Cm. Tatarka: So you will be attending as a resident or as an elected official.

Mayor Wilson: I will be attending as a resident. And as I stated I will sit at the back and I think that it is imperative that any other Councilmember that would like to attend, can and should attend.

Cm. Tatarka: Ok the only other comment I want to make besides that is that I think it is really really important. I have heard from a couple of different commissioners who have had some concerns about what the role of a liaison from the Parks Commission, the Planning Commission or from the Council when they go to these various committee meetings and attend them. As many of us know we go there most of the time I think most of us listen but sometimes that doesn’t happen. And I think it is hard for some of the new commissioners to know what their role is when they go to these meetings. Are they allowed to speak? What actually is the procedure for that. Many of them do not know and I think we need to have that in place. We need to have in place a procedure for that. I also can tell you we have added a couple more. We have Open Space which isn’t here which will be on the agenda for appointment shortly. We don’t have that here and we also don’t have the Housing Advisory Committee listed as well. I don’t see that listed on here Abram. So those are a couple I think that commissions that you know we are adding committees all the time. I think we also need to re-evaluate these as well and I think you and I had that conversation regarding that, looking at these various committees because our time is being stretched as it is so. And then the only other thing is thank you for the appointments that you did afford me the opportunity. The only one I do have is in regards to DVOC. It is still going to be Mr. Cambra and Mr. Hudson, is that correct. What is it going to be?

Mayor Wilson: No for DVOC.

Cm. Tatarka: It is going to be what.

Mayor Wilson: Mr. Cambra also.

Cm. Tatarka: And who?

Mayor Wilson: Mr. Cambra and Ms. Tatarka.

Cm. Tatarka: Ok I just wanted clarification. I didn’t have that on my list. Ok those are my comments Abram.

Mayor Wilson: I am sorry, it will be Ms. Tatarka and Mr. Hudson.

Cm. Tatarka: Mr. Hudson, ok. I didn’t think Mr. Cambra could attend. Very good.

Mayor Wilson: Mr. Hudson

Cm. Hudson: Two comments and it will probably make it easier. There is Housing Advisory on here.

Cm. Tatarka: Where

Cm. Hudson: Under liaison to city committees.

Cm. Tatarka: I apologize.

Cm. Hudson: And also you made me forget the other one now Nancy.

Cm. Tatarka: Open Space

Cm. Hudson: Open Space is kind of under Internal Affairs. We will look at that and it may end up under Environmental so it may also be taken care of.

Cm. Dickey: It may be affairs to you but it is operations.

Mayor Wilson: We spoke about this earlier Ms. Tatarka. The entire Council Liaison list is going to be re-evaluated by the Internal Ops so that we can get a better sense of what the Council needs to be, where they should be. I think we spoke earlier about making sure that the new City Commissioners understand their role as commissioners. And that is something that hopefully we will evaluate and get to them so they will have a basic understanding. I personally have gone to some commissioners and explained and tried to help them. This is an on-going process. Yes, I believe, Mr. Cambra.

Cm. Cambra: Well I would just like to..

Mayor Wilson: Ms. Waiters.

City Manager: I just wanted to make a point that staff is currently working on some new procedures to try and put some structure to Council committees. And we will be bringing that back to the Council in the form of a Council policy and asking the full Council to vote on those policies.

Mayor Wilson: Alright. Thank you. Ms. Tatarka.

Cm. Tatarka: I guess the question I have is can we actually go over what the changes were to what.

Mayor Wilson: The changes were Transportation, Ms. Dickey and Mr. Hudson. For DVOC it would be Ms. Tatarka and Mr. Hudson.

Cm. Tatarka: And then Finance.

Mayor Wilson: Finance would be Tatarka and Cambra. What is the pleasure? Yes, Mr. Cambra.

Cm. Cambra: I would like to move approval of the Mayor’s list of appointments.

Cm. Tatarka: I will second.

Mayor Wilson: All in favor say aye. Opposed?

The motion passed 5-0.

Mayor Wilson: Thank you. Lets see 11.1 which is 8.2.

Cm. Hudson: I pulled this one so I assume I am the one that is going to jump up or does Jerry have his light on. I brought this up and actually Joye is going to come running up here. I brought this to Mike Tally’s attention and Lisa’s. This is for a TDA grant that we have to do tonight. And I fully intend to vote for that. But I wanted to point out a little bit of the history here on Gale Ranch and exactly what we are talking about. Originally this area that we going to get the TDA grant for, the $50,000 had no sidewalk where we are proposing to do it or north of there all the way to the large fountain. And simply at the time of an approval, asking Shapell to put it in, they put it in. They actually told us at the time they would not put it in, went back and took a look at it and realized it was more beneficial to both the developments they were going to be doing in the future and what they have there at the present time. So I would like to ask staff to keep in mind with this TDA grant that stay with Shapell on this or the homeowners association at Gale Ranch to see if we could get a full blown sidewalk in there and complete it all the way around. And also take a look at some of the areas that also need this that are on the other side of the hill like between Alcosta and Norris and some of the others. Because it is just as easy to write two grants. Where is Mike Tally, he is going to love me for this if he is watching on TV. It is just as easy to write two grants as it is one. It is not easy but it is a little hard to explain that a new area like that is getting a TDA grant when in fact those that have had sidewalks for a long time aren’t. But I can understand why they are going to do it. They are out there now. They are going to be working on other sidewalks first. My request is stay with Shapell to get that thing done even after the TDA grant is written and accepted. Outside of that if there are no other questions I will move approval of 8.2 which is now 11.1.

Cm. Dickey: Second

Mayor Wilson: All in favor.

The motion passed 5-0.

RESOLUTION NO. 2003-02 
Authorizing staff to submit a Transportation Development Act (TDA) Grant application to the Metropolitan Transportation Commission and Contra Costa County for allocation of TDA Grant Funds for the installation of pedestrian and bicycle facilities in the City of San Ramon

Mayor Wilson: 11.2 which is 8.11

Cm. Dickey: I guess one of the reasons I pulled this I had a chance to go through this very excellently done ordinance. It is very thorough and very good. I did have some questions and I don’t know if this is the appropriate time. We are just receiving it. How do I get my questions addressed. Are we approving it at the next City Council meeting?

Mr. Wong: Cm. Dickey, this is just the introduction of the ordinance. The actual hearing is being set for your next meeting. So that is when we will solicit comments from the public as well as Councilmembers.

Cm. Dickey: I wanted clarification.

Mayor Wilson: So that we would encourage all Councilmembers to submit questions to Mr. Wong.

Cm. Dickey: Do you want them ahead of time?

Mr. Wong: That would be very helpful.

Cm. Dickey: I have got quite a list here. And I have got a lot of tags. I’ve actually had just about a day to look at it so I would really appreciate more time.

Mayor Wilson: And if we need a little bit more time just let us know so that all the questions are answered and we will address this once.

Cm. Dickey: May I also make a request or a recommendation. When we get handouts from the FTC and it has guidelines and it has information and I know that these were passed out at some of the telecommunication meetings. I would very much appreciate having them in my hand ahead of time. Because we do have, like you all do have, a great deal of reading. And it helps us to kind of to really be able to think about things and digest the information and a lot of it is engineering stuff which is just Greek to me and I have to really kind of take some time to go through it. So I would appreciate a little heads up on the information.

Mayor Wilson: So we will depend on the response we get as far as questions whether or not it is not the next agenda or the following one to make sure that everyone is up to speed and comfortable with the data. What is your pleasure.

Cm. Dickey: We are ok with it. So we are just accepting it for the public hearing.

Cm. Hudson: So that is the introduction, I think you have to make a motion and waive it and all that good stuff or did we already do that and we are voting on it. I am sorry I got lost on this.

Mayor Wilson: No we have to make a motion to accept it because we took it off the consent.

Cm. Dickey: I make a motion to accept.

Cm. Hudson: I second it.

City Attorney: The item is on tonight for introduction so the motion would be to introduce the ordinance.

Cm. Hudson: I will move the introduction of the ordinance next in number and set the public hearing for January 28, 2003.

Cm. Cambra: I will second it.

Mayor Wilson: All in favor. Thank you.

The motion passed 5-0.

TELECOMMUNICATIONS ORDINANCE
Introduction of an Ordinance – Establishing a review process and standards for wireless telecommunications antennas and related equipment in the City of San Ramon and set public hearing for January 28, 2003

Mayor Wilson: Moving right along. New Business, no new business. City Council Business – Mayor’s Report. Mayors’ Conference Thursday January 2. We had an update on the smallpox vaccination distribution and information related to smallpox vaccination, discussion of a vaccination hospital, public health and first responder personnel. Identifications of community locations for storage, distribution of the vaccine. Also we realize that we are at a time now that we have to think of disasters. We are evaluating our own disaster preparedness and also understanding that Dublin and Danville are next to us and Blackhawk. When there is a disaster there will not be any dividing lines. You can’t do this or that, or come to this hospital or go there. So we are going to get together with all the cities around us to make sure that everyone is prepared so that it is not a burden on San Ramon. We are in the process of doing that. Gayle Uilkema, County Supervisor, reminded us to keep the League of California Cities apprised of the local impacts of various state budget proposals. San Ramon is also working through the California Redevelopment Association on the state budget. Again, the importance of the state budget. Don Freitas, Antioch Mayor, reported on the December meeting with the Regional Water Quality Control Board in reference to the NPDES. Thanks to elected officials and staff who attended. We made an impression on the Board. Additional testimony can be received by the Board and I encourage everyone to do that. Mr. Hudson represented the City at that. It is wonderful when they make these decisions on what we should do and they don’t fund them especially now. And I think they understand it looks really well on paper but who going to pay for this. Again I think we actually have them listening to us now. Gretchen Grover of the East Bay Mud, the pipeline construction on the Iron Horse Trail will not affect San Ramon but in Danville, I think it is six months or seven months, that portion will be out of service. So it will really affect those who go up and down the Iron Horse Trail. Appointments…for the Metropolitan Transportation Committee it was Irma Anderson. The Conference Vice Chair for the meeting was Pat Anderson and the Conference Chair for the Mayors’ Conference is Mayor Alegria. The Contra Costa Hazardous Materials Commission selected Irwin Horn, the Contra Costa Hazardous Materials Commission alternate was Mayor Landis from Moraga and the Contra Costa Airport Landuse Committee appointment was Mayor Switzer. Any questions?

Cm. Dickey: No but I would like to add that there are three items that I would highlight for the Senior Center. First of all it is open now Sunday afternoons from 1:00 – 4:00 p.m. There are some special topics that are going to be reviewed; an overview about Alzheimer's when it is time for place placement and that is on January 15 at 10:30 p.m. at the Senior Center and there is three pre-education workshops and I believe these are very important. A bereavement workshop, Saturday, January 25, 10:00 to 12:00 a.m. and that is open to everyone 18 years and above. Alzheimer's, Beginning to Cope, Saturday, February 22, 10:00 – 12:00 a.m. and that is open also to ages 18 and above and Elder Abuse Prevention and Intervention, that is Saturday, March 22, 10:00 to 12:00 a.m. and that is also open for ages 18 and above.

Mayor Wilson: Thank you, any other comments? Mr. Hudson

Cm. Hudson: I have three comments and a fourth one on what we heard tonight. There is nothing wrong with the parking issue that came up on Reedland, sending it back to Transportation. They may not even know about it. That is what has me concerned, an advisory committee may not even have seen it. But that is something that I would like to have checked on. The three issues, 1) about five weeks ago a gentleman by the name of Eric Wallis sent in what essentially was an introduction of an ordinance for even year elections. We need to get that on the agenda and vote it up or vote it down. We need to follow our own policy is what it amounts to. There is another issue that I think we need to do the same thing. We need to vote it up or vote it down. About four or five months ago we initiated a trial basis for verbatim minutes and this Council has never voted up or down whether we would accept verbatim minutes. We need to make a decision on that. Either we are going to continue with the transcription or whatever or go back to the minutes or the possibility of even minutes and adopt the tape. But we need to get a staff report, we need to make a final decision one way or the other. The third thing is along the same lines, I don’t know I missed this. We have had two applications for Forest Home Farms for about five or six months. Now I know there was talk that we would even do away with the advisory committee but we need to follow our own policies and make a decision even if we are going to put it on a committee that is going to then sunset or whatever. That is not our job to presuppose on how we are going to vote. This should have come to fruition and it should have passed us, voted on and move on. So I asking for those three things to get just that. Bring it before us, lets move on, take our vote and continue.

Mayor Wilson: Mr. Cambra.

Cm. Cambra: I would suggest before that happens that they would be reviewed by Internal Ops because that is an appropriate place for them to start and then be brought to Council. So I would be in support of that also.

Cm. Dickey: I agree.

Mayor Wilson: Ms. Tatarka:

Cm. Tatarka: Ok, just a couple comments. I think also one more thing if we are talking about items to the agenda. We have an Open Space Advisory Committee that we need to appoint. The applications have been outstanding and I have had several calls as when we are going to appoint that. So I think that needs to be put on the agenda. Just a little happier note. I have received several calls regarding a wonderful concert that happened on Sunday for children. Unfortunately I had a prior commitment and could not attend but the comments that I have heard is what a wonderful thing for children in the community and we look forward to the Valley Children’s Museum that is going to be part of the Civic Center for more than use for children. So I wanted to pass that on. I know you attended Mr. Wilson and made some comments but I wanted to let you know I received some phone calls from some people who were. It was overflowing. I gather there was something in the neighborhood of a couple hundred people easy that were there. So I will just make that comment in closing and Happy New Year to my fellow Councilmembers.

Mayor Wilson: Yes this is going to be a long in itself.

Cm. Dickey: Just a very quick comment to Councilmember Tatarka. Internal Ops will discussing the Open Space Advisory Committee Thursday, so that is being attended to.

Cm. Hudson: If I can through the Mayor for clarification. Which items did you want going back to Internal Operations? You said send it to Internal Operations. I should have stopped you there. Which one are we talking about?

Cm. Cambra: Well, three were appropriate.

Cm. Hudson: Wait, one is a public comment. That doesn’t go through Internal Operations.

Cm. Cambra: Which regard, I am sorry.

Cm. Hudson: That is our first line of public comment, if it is going to take more than three minutes, ask a City Councilmember to have it placed on the agenda. That is what happened five weeks ago. The other one with the minutes was already addressed in Internal Operations and a trial basis was instituted to see whether or not we wanted to go to transcript. So it has already been there. And the other one I guess Forest Home Farms would be the third one and the oversight committee.

Cm. Tatarka: Open Space.

Cm. Dickey: I am not clear. You said that Mr. Wallis came before us in public comment five weeks.

Cm. Hudson: No, through the Mayor, our first initiation of this request came, was mailed to all of us, the City Clerk, or emailed five weeks ago. Hopefully we don’t keep everything before Christmas, asking to have this agendized because it would take more than five minutes. That is straight out of public comment when you want something agendized.

Cm. Dickey: Yes, I am aware of that. But this is news to me because I haven’t seen that

Mayor Wilson: The first so that we can end this, the first will be agendized and then we will decide where it should go after that. Right now, we did receive it. It is being evaluated by the City Attorney to make sure that when it comes that we can evaluate it. The other two, I believe, one the Forest Farms, that has gone to the Internal Ops before. And the minutes, the minutes, we will have decide whether or not because it has come back and it should be addressed here. It was on a temporary basis I think four months ago, five months ago, I can’t remember now. I think that we have gone that process enough to know whether we want it or not. It does not have to go back to Internal Operations. We can evaluate. Ms. Waiters.

City Manager: If I could just make a comment on process. One of the things that is important is that when items are in the Council committees that the members of the committee make a decision on an item whether to bring it forward to the Council or not. In this particular item I do believe in reading the minutes that there was not a consensus on moving it forward to full Council or keeping it in committee. So I think what would be appropriate is for it to stay in the Council committee and let the two members of the committee determine how they want to bring it to the City Council.

Mayor Wilson: Alright, the committee, one or the other can bring it back.

City Manager: You have two members of your committee. And so the decision would be made with both members. It could be that there is a split decision, one wants it to come back and one doesn’t and that information would then be brought back to the full Council and then a decision of the full Council.

Mayor Wilson: Yes. Are there any other comments? Mr. Cambra.

Cm. Cambra: Just to summarize the situation with the minutes and the Forest Home Farms would fall into that category, the others would not. Correct. Thank you.

Cm. Tatarka: And mine.

Mayor Wilson: The Open Space is already there. Thank you.

There being no further business to come before the City, at 9:15 p.m., Mayor Wilson adjourned the meeting.

Signed:
H. Abram Wilson, Mayor
Judy Macfarlane, City Clerk