A regular meeting of the City Council of the City of San Ramon was called to order on February 25, 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, Assistant City Manager/Administrative Services Director Jim Estep, Parks and Community Services Director Jeff Eorio, Development Services Director Joye Fukuda, Interim Public Services Director Doug Udell, Planning Manager Phil Wong, Economic Development Manager John Dillon, Senior Planner Victoria Walker, Associate Planner Beatriz Duffy, and City Clerk Judy Macfarlane.

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Mayor Wilson said Council had met in closed session pursuant to Government Code §54956.9 to discuss anticipated litigation and no action was taken.

Betty Detweiler led Council, staff and those present in the audience in the pledge of allegiance.

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Cm. Hudson said the Mayors’ Conference on March 6 would be held in Lafayette, not Concord as noted on the agenda.

Mayor Wilson presented a proclamation to Betty Detweiler in honor of her many contributions to the City of San Ramon, and declared February 28, 2003 as Betty Detweiler Day.

Mayor Wilson presented a proclamation to Jim Randall on his retirement.

Mayor Wilson presented a proclamation to Sergeant Jim Telles on his retirement.

Mayor Wilson presented a plaque to Mariella J. Boortz, Public and Government Affairs Manager, ChevronTexaco, for its donation to the Police Department of McGruff and Scruff costumes.

ChevronTexaco was also recognized for its donation to the Parks and Community Services Department for major sponsorship of the following 2003 events:

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Jeff Eorio, Parks and Community Services Director, announced there were four vacancies on the Library Advisory Committee. He stated three applications had been received, the applicants had been interviewed by the Parks and Community Services Commission, and had been recommended for appointment.

Cm. Dickey’s motion to appoint Edward Cheng, Seti Ghotbzadeh and Pauline Nolte to the Library Advisory Committee was seconded by Cm. Hudson with an amendment to advertise for the remaining vacancy and passed 5-0.

Melody Lundgren referred to the proposed ordinance on the January 28, 2003 agenda that would change the municipal election date to even numbered years. She said while it appeared everyone involved in this issue supported the idea of changing San Ramon’s election to even numbered years, it was the method that was in question. She suggested an initiative be placed on the ballot to change San Ramon’s election to even-numbered years by having all those elected to Council or Mayor in 2003 and those elected to Council in 2005 serve three-year terms and from that point on, the Mayor’s term would revert to two-years and the Council to four-years. Mrs. Lundgren said the Friends of San Ramon (FOSR) were requesting that this item be placed on a future agenda to address the proposed ballot initiative. She continued by saying due to a recently passed voters’ rights act, the election figures for an odd-year election would increase drastically. She submitted to Council a copy of the initiative that was used for the City of Richmond’s recent ballot measure along with suggested language for a San Ramon initiative.

Debbie Yeoman said she was a member of the Friends of San Ramon (FOSR) and wished to express her concerns over the past administration’s policies and financial expenditures regarding the Royal Vista fencing project. She challenged recent comments made pertaining to the City’s relationship with Royal Vista Golf Course, and read excerpts from correspondence between Royal Vista and the City. Ms. Yeoman stated the relationship between the City and Royal Vista needed to be clarified and requested this item be placed on the March 11, 2003 agenda for discussion.

Jim Hanafee suggested the more appropriate venue for the Mayor’s State of the City address would be the Community Center where the public could attend free of charge during evening hours free of charge. He said more emphasis should be placed on the issues pertaining to the quality of life in San Ramon in addition to the City’s financial status.

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Cm. Dickey’s motion to approve the minutes of the January 28, 2003 meeting as amended was seconded by Cm. Hudson passed 5-0.

Cm. Tatarka requested the minutes of the February 11, 2003 meeting be continued to March 11, 2003.

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Rosalind Rogoff requested Item 8.2 Resolution No. 2003-22, agreement with Michael Brandman Associates for Professional Services for the City Civic Center Project Environmental Impact Report, be removed from the Consent Calendar for discussion.

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

Register of Demands dated January 27, 31, February 7, 9,16, and 23, 2003 in the amount of $1,733,114.95.

Resolution No. 2003-23 Authorizing the Mayor to execute Amendment No. 3 to the Agreement with Parsons Brinckerhoff for Engineering Design Services for the Alcosta/I-680 Interchange Project (CIP 8144) in an amount not to exceed $110,000.

Resolution No. 2003-24 Authorizing the Mayor to execute Cooperative Agreement No. 1932 between the State of California and the City of San Ramon for the Alcosta/I-680 Interchange Project (CIP 8144).

Acceptance of Work by Oracle Landscape for construction of the Del Mar Drive and Dog Park Landscaping Enhancement Project (CIP 5383) as complete and authorize the City Clerk to file a Notice of Completion with the County Recorder’s Office.

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Resolution No. 2003-22 Authorizing the Mayor to execute an agreement with Michael Brandman Associates for Professional Services for the City Civic Center Project Environmental Impact Report in an amount not to exceed $149,000 including all reimbursables.

Mayor Wilson opened public comment.

Rosalind Rogoff said several months ago she had corresponded with Dan Howard of Fisher Friedman, and he had estimated the amount of the contract for the EIR would be $30,000 - $50,000 and questioned why the amount had increased.

Mayor Wilson closed public comment.

Cm. Dickey’s motion to adopt Resolution No. 2003-22 Authorizing the Mayor to execute an agreement with Michael Brandman Associates for Professional Services for the City Civic Center Project Environmental Impact Report in an amount not to exceed $149,000 including all reimbursables was seconded by Cm. Tatarka passed 5-0.

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PUBLIC HEARING – TELECOMMUNICATIONS ORDINANCE – Establishing a review process and standards for wireless telecommunications antennas and related equipment in the City of San Ramon.

Joye Fukuda, Development Services Director stated the Planning Commission recommended the City Council hold a public hearing and consider adoption of the Telecommunications Ordinance and associated Negative Declaration. The Director provided a background and analysis of the ordinance and stated there were no fiscal implications associated with the adoption of the ordinance.

Cm. Dickey stated she had two concerns surrounding this ordinance. She asked if there was potential harm to children near wireless antennas on school grounds, and referred to the FCC Handbook – Local Officials Guide to Radio Frequency, which stated the established maximum permissible exposure was based on an adult body, not a child’s body. Cm. Dickey also inquired if there were provisions limiting the use of antennas by multiple providers, how the EMF levels would be monitored, and subsequent enforcement.

Beatriz Duffy, Associate Planner, made a presentation of the project description, the negative declaration and the comprehensive outreach program. She reviewed the general requirements and standards, and provided several examples of exempt, prohibited and preferred antenna sites, along with various antenna designs.

Mayor Wilson asked how the City could regulate the color and location of antennas at the facilities that were exempt due to state or federal law.

Victoria Walker, Senior Planner clarified for Council the type of antennas that were being discussed and that the antennas being discussed were not oversized. She verified that although FCC law has limited the City to the smaller antennas, the City retained discretion over the larger sized wireless facilities.

Ms. Duffy stated the ordinance was reviewed by the Planning Commission on November 19 and December 17, 2002 and reviewed the items discussed and changed during those hearings. She reviewed the benefits of adopting a telecommunications ordinance.

Cm. Tatarka expressed her concerns for the aesthetics of our community and inquired if a maximum saturation point had been established with co-locations, and asked what were the City’s options when preferred locations had been used up.

Ms. Duffy stated the ordinance encourages co-location, and that the industry trend as the infra-structure condensed and became more concentrated, would result in fewer facilities which would be smaller, more attractive, while providing the same amount of coverage. She said the ordinance did not establish a certain number of antennas, but it set very specific design goals.

Cm. Tatarka asked about preferred, public and semi-public sites, and if the City Civic Center would be included.

Ms. Duffy stated preferred sites would include light poles, water tanks, PG&E towers, public buildings, and confirmed the usage of the City Civic Center site.

Cm. Tatarka inquired about the revenue source referred to during the presentation.

Ms. Duffy stated by placing antennas on public facilities, which would include City owned properties, anything within the public right-of-way would benefit the City with leasing fees.

Cm. Dickey stated during her meeting with staff on February 9, she had the same inquiries about San Ramon receiving a "slice of the pie". Cm. Dickey stated that because the wireless industry is growing at a rapid pace, she felt that the EMF exposure should be an annual review versus bi-annual as stated in the ordinance. She said she had met with the City Attorney to express her concern for the City’s potential liability with exposure to the EMFs.

The City Attorney stated the City had specific exemptions in the Tort Claims Act.

Mayor Wilson opened the public hearing.

Pat Sausedo, Sprint PCS, stated while she represented the industry regulated by this ordinance, the addition of long term maintenance language in the ordinance provided a positive step addressing the community concerns and was a positive addition to ensure the sites were maintained orderly, from a visual and operational standpoint. She referred to the challenges of providing service to the Dougherty Valley. Ms. Sausedo referred to Cm. Dickey’s concerns regarding EMF standards stating when there is co-location, anytime a new carrier comes in to co-locate on a site, the City is able to ask for a cumulative EMF report.

Cm. Dickey stated her concern was the process. If the EMFs exceeded the maximum allowable rate, how would it be determined which provider would relocate elsewhere.

Ms. Sausedo stated that there were FCC standards and the EMF ratings were below any standards that would cause harm to humans. She encouraged staff to require a cumulative analysis to assure that no standards would be exceeded by the provider.

Christa Freihofner, President of the South San Ramon Neighborhood Association, said there were two concerns that should have been covered in the ordinance; 1) noise; and 2) the size of the antenna panels. She stressed the importance of increasing the location of the equipment shelters from 150 feet to 300 feet from the nearest residence, and said she felt it should be part of the ordinance.

Rosalind Rogoff said she felt there was still insufficient evidence about the safety of the EMFs and stressed the importance of not having the antennas close to homes, parks, and schools. She said there should be a limit of how many towers are permitted at one location within the City, and questioned the height requirements for ham radio antennas.

Sandy Barclay expressed her concern about the location and the noise of the equipment and the negative effects it had on the neighborhood and those who utilize the dog park. She asked how many feet the equipment had to be from residences and the park.

Diane Schinnerer stated in addition to the safety issue she was concerned about the permissible height for ham radio antennas. She agreed with Cm. Dickey that the EMF study should be annually, not bi-annually, and questioned who would pay for the services. She said we should work with PG&E, who collects the fees for the antennas stuck on the towers, and the entire corridor should be landscaped to compensate neighborhood for their inconvenience.

Mayor Wilson closed the public hearing.

Brian Lindblom, Chief of Police, stated that ham radio operators played a key component during emergencies and disasters. He said during the first 24 - 48 hours following a disaster, the main communications occur through ham radio operators. He said many towers are adjustable and requested the importance of ham radio operators be considered.

Mayor Wilson directed staff to answer questions that were raised during public comment.

Ms. Duffy stated restrictions in residential areas had been addressed by not listing them as a preferred site. She said at a minimum, any applications in residential zoned properties would go through the ARB review and 300-ft. notification would be sent to surrounding residents. She said neighbors on the PG&E corridor would be consideration and receive an additional 1000-ft. notification. As stated, Federal law prohibits regulating on the basis of the adverse health factor due to EMFs if they comply with FCC standards. She said if aesthetics are mitigated, there is no other reason to restrict, that we can back up, in residential areas. Ms. Duffy added that residentially zoned areas provide many opportunities for numerous co-locations.

Mayor Wilson inquired if the 300-ft. restriction was an industry standard and who would benefit from the restriction; the residents or the industry.

Ms. Duffy stated some cities had established a 300-ft. minimum separation, while others addressed each proposal on a case-by-case basis. She felt the 300-ft. restriction would be a benefit to the residents.

Mayor Wilson asked who would be paying for the annual EMF surveys.

Ms. Duffy stated the ordinance would contain a condition of approval requiring the providers to update the EMF surveys. She said if a particular site were found not to be in compliance with the ordinance, license revocation proceedings would begin. She stated the revocation procedure provides an opportunity for the licensee to correct the situation and final action would come before the Council.

Vice Mayor Cambra requested clarification from the City Attorney whether federal laws or exemptions were subject to local review and if the City had no standing to review what the federal government dictates.

The City Attorney stated that by using the health standards as a criteria, federal law can be pre-empted.

Ms. Duffy referred to the ordinance and the use of retractable ham radio antennas as a preferred alternative, not a requirement, and stated any noise complaints would be enforced according to the City’s noise ordinance.

Ms. Walker clarified that ham radios are exempt and the City does have to reasonably provide for their hobby. She further stated that the City was not required to limit the antennas at 35-ft.; staff established the 35-ft. limit by comparing it to the maximum height of a single family home. She said the main issue with retractable antennas would be the noise factor; whether manually or motorized.

Cm. Tatarka asked Chief Lindblom the number of ham operators in the City. She also asked if technological improvements had filtered through to that field as well.

Chief Lindblom answered that there were approximate 40 ham radio operators within the City and not all have 35-ft. antennas; some used very small antennas.

Cm. Tatarka asked how many wireless antennas were currently installed along the PG&E corridor.

Ms. Duffy stated currently there were three towers along the corridor and the maximum number allowable would be dependent upon the aesthetics and visual impacts, along with noise impacts. She stated there was a complete section of the ordinance that strictly pertained to the neighbors along the PG&E corridor, and they would received preferential treatment.

Mayor Wilson stated the residents along the corridor had not received preferential treatment.

Cm. Hudson stated the cumulative effects on the neighborhood would have to be taken into consideration. He recalled several years ago when the Planning Commission denied a project where equipment boxes were 1,000 feet away from residents. He stated that everything Christa Freihofner had requested to be included in this ordinance with the exception of the 300 ft. restriction had been included. Cm. Hudson stated he did not want to include the 300-ft. restriction because it would be the discretion of the cumulative effects that would allow the denial of future requests. He said that method had been and would continue to be beneficial during the development of Dougherty Valley. He expressed his confidence in the knowledge and capabilities of the PG&E corridor neighbors to continue their watch-dog efforts. He expressed his concerns regarding the wattage from ham radio operators and said he felt a good job had been done in drafting the ordinance and he wanted to keep it to a case-by-case basis if possible.

Cm. Dickey recalled when she was president of the South San Ramon Homeowners Association working with Christa Freihofner, PG&E, Nextel, Electric Light and staff in obtaining landscaping in south San Ramon. She thanked Mrs. Schinnerer for support of continued landscaping in that area. She said she believed that PG&E had plans for continuing the landscaping behind several homes in that area.

Cm. Hudson suggested the residents along the Iron Horse Trail right-of-way work with the Iron Horse Trail Advisory Committee and the County to obtain landscaping to mitigate what they are doing. He supported the ordinance but stated there needed to be follow-up on an annual basis so staff had clear direction for mitigation.

Cm. Dickey asked if there was going to be an annual review versus a bi-annual review.

Mayor Wilson stated that was the direction Council was going.

Vice Mayor Cambra stated the ordinance was very comprehensive and the noise issues needed to be addressed in more detail. He stated he personally heard the noise from the equipment shed above the freeway traffic noise. He proposed that all notification areas be increased from the standard 300-ft. to 1,000-ft. He said he liked the idea suggested in Mrs. Freihofner’s letter requiring 300-ft. from the nearest residence and inquired if there could be a caveat that an applicant could go under 300-ft. with 4/5 approval from the Planning Commission or the Council. He stated he wanted more security from public review and that public review needed a higher level of review than a simple majority. He suggested a super majority.

The City Attorney expressed concern over having a super majority because the granting or denial of these permits is an adjudicatory act and because of that the approval process would be based on certain findings rather than a pure majoritarian consideration. He stated an alternative would be to give a heightened scrutiny of a Planning Commission review and cautioned against requiring a 4/5 vote because it was not consistent with the scheme of making the findings that are required. He suggested an additional level of review would be to appear before the Planning Commission for anything closer than 300 ft. He stated a super majority vote would not be consistent with the type of review that the City is undertaking here; trying to find whether or not there is an aesthetic concern the City can address and that could be done with a simple majority.

Cm. Tatarka stated she felt the public would continue an active role in monitoring the installation process. She said while the City’s control was very limited, this ordinance would allow for an aesthetics point of view. She said her recommendation would be more peer review and continual involvement with the community.

Mayor Wilson said his concerns were noise, size and safety. He stated his sensitivity to certain neighborhoods in San Ramon and said he wanted to guarantee they would not be overburdened. He felt the 300-ft. restriction was essential to protect the residents and expressed his concerns regarding ham radio antennas. Mayor Wilson commented on EMFs and the high rate of cancer in certain neighborhoods and stated the importance of having a regularly scheduled EMF review process in place to monitor the situation effectively. He thanked staff, the industry and the community for coordinating their efforts on this project.

Cm. Hudson asked the City Attorney for clarification as to how many changes could be made to the ordinance by Council before it required going back to the Planning Commission.

The City Attorney stated if the Council was going to change versus adopt the ordinance, the motion would be to introduce the ordinance and then it would be adopted at the next meeting and it would not require a public hearing.

Cm. Hudson’s motion to introduce the telecommunications ordinance with the amendments 1) 300-ft from nearest residence, 2) annual versus bi-annual review; and 3) 1,000-ft. notification on all projects, was seconded by Cm. Dickey and passed unanimously.

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Stanley Fung, City Engineer, stated the Finance Committee and staff recommended the Council receive the status report on the mitigation measures proposed by the residents, the San Ramon Valley Unified School District, and staff for the Pine Valley Middle School Parking Lot and consider authoring the implementation of the proposed Mitigation Measures from the Pine Valley Middle School Sports Field Renovation and Parking Lot (CIP 8257) project budget with the adoption of Resolution No. 2003-25. Mr. Fung reviewed the Council’s finding of the appeal, and the direction staff was given to work with the residents and the School District to arrive at the mitigation measures that were being addressed.

Mayor Wilson opened public comment.

Karla Robinson addressed specific details regarding the mitigation measures and reviewed the recommendations for the sound wall. She responded to Cm. Cambra’s inquiry stating there were questions about sound ricocheting off the proposed sound wall and said they still wanted a security gate. Mrs. Robinson said there had been complaints about traffic through the parking area and expressed her hope that the proposed improvements would be sufficient.

Cm. Dickey stated the amplification of sound should be mitigated by the landscaping with the redwood trees.

Cm. Cambra questioned the number of redwood trees proposed and expressed his concern for the growth factor.

Cm. Hudson compared the planting of trees with a prior project, commented on the variable growth and survival factor of the trees and the effectiveness of redwood trees used as a hedge.

Cm. Tatarka inquired as to the cost of the redwood trees and the how long the construction of the concrete wall was going to take.

Mr. Fung quoted the price of $200 per tree and said the State review process would take four to six weeks, with the anticipation of a start date for construction would be during summer break.

Dianne Schinnerer suggested in the future that any property that abuts a City project receive a certified letter regarding the initial hearing to prevent claims of no notification.

Rosalind Rogoff questioned the size of the redwood trees. She observed that even with the cost for mitigation, the project had come in under budget, and it will be better for the neighborhood and a worthwhile investment.

Brian Jensen submitted a speaker card stating he was okay with the mitigation and that he had not had a chance to see the proposed hedge to be placed in between the fence and storage area.

Mayor Wilson closed public comment.

Cm. Hudson said a City ordinance restricted fences over 6-ft. and questioned if a variance was needed to proceed with this project. He expressed his concern for future projects and asked the City Attorney what, if any repercussions would be experienced by approval of this project.

The City Attorney stated there would be many solutions to remedy the matter.

Cm. Tatarka clarified with the City Engineer that discussions had been held with the residents and the School District where consensus had been reached. She asked for a breakdown of the costs.

Mr. Fung stated $22,100 was for the design and specific plans for bidding purposes, and $12,000 for modifications.

Mayor Wilson stated Cm. Tatarka and Vice Mayor Cambra were on the Finance Committee, which recommended approval of this resolution.

Cm. Dickey’s motion to receive the status report on the mitigation measures proposed by the residents, the San Ramon Valley Unified School District, and staff for the Pine Valley Middle School parking Lot and consider authoring the implementation of the proposed Mitigation Measures from the Pine Valley Middle School Sports Field Renovation and Parking Lot (CIP 8257) project budget with the adoption of Resolution No. 2003-25 was seconded by Vice Mayor Cambra.

Cm. Tatarka stated she wanted assurance that the issue regarding the 6-ft. wall was covered in this action.

Vice Mayor Cambra extended his apologies to the residents for the delay in this project.

The motion passed unanimously.

Mayor Wilson expressed his thanks to the residents for their contributions and stated this had been a learning process for the Council.

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Gail E. Waiters, City Manager, asked the Parks and Community Services Director, to present a status report on the 20^th Anniversary Celebration.

Mr. Eorio reviewed the theme, composition of the committee, and calendar of events planned and stated the budget for the celebration would be forthcoming.

Ms. Waiters informed Council that staff had initiated contact with the County regarding Norris Canyon Estates. She stated in the agreement between the County and the developer was a requirement for an annual review by the County Zoning Administrator. She said this review had been initiated and results would be presented to the Administrator in summer 2003.

Ms. Waiters referred to Policy 89 with EBMUD, and said staff had requested more information on how this would effect the City.

Ms. Waiters stated the Royal Vista Golf Course fencing project had been completed. She said staff was compiling an outline of expenditures, source of funding and would address the relationship between Royal Vista and the City. She said this report would be presented to Council and interested citizens.

Cm. Hudson referred to Policy 89 and requested that a map be obtained to assist in identifying the affected parcels.

Cm. Dickey stated her concern that residents had asked for a process to be informed as to the status of the Royal Vista fence project. She said the residents had come before Council to have their issue agendized as a part of the process, and asked the City Manager for clarification on why this process was not being followed.

The City Manager stated this was only her recommendation to address the Royal Vista fencing project by staff report.

Mayor Wilson stated once the information had been presented to Council in staff report format, the question of agendizing the Royal Vista fence project would be determined.

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Vice Mayor Cambra announced upcoming cultural events. He recognized Sherri Lynn Schlotter, office manager at Neil Armstrong School, who had recently died and extended his condolences to her family.

Cm. Tatarka announced there would be a garden dedicated to Sherri Schlotter at Neil Armstrong School.

Cm. Dickey expressed condolences to the Schlotter family and shared memories of working with Mrs. Schlotter.

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Mayor Wilson stated several mayors from Contra Costa County had traveled to Sacramento with the League of California Cities representatives to meet with local legislators. He said the purpose of this visit was to assist the legislators in understanding the importance of a working partnership between cities, counties and the state.

There being no further business to come before the City, the meeting was adjourned at 10:35 P.M. in the memory of Sherri Lynn Schlotter.

Signed:

H. Abram Wilson, Mayor
Judy Macfarlane, City Clerk