A regular meeting of the City Council of the City of San Ramon was called to order on April 8, 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, Rob Stout, Interim Finance Director, Chief Building Official Ed Wilczak, Public Services Administrative Manager Dorn Driggs, District Engineer Maria Robinson, Acting Transportation Manager Lisa Bobadilla, and City Clerk Judy Macfarlane.

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Eagle Scouts Darrian Frommoethelydo, Durajho Frommoethelydo, Nathaniel Lindner, Kamraan Madani, David Nichols and Eric Smith led Council, staff and those present in the audience in the pledge of allegiance.

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Mayor Wilson presented Certificates of Recognition to the following Eagle Scout recipients: Darrian Frommoethelydo, Durajho Frommoethelydo, Nathaniel Lindner, Kamraan Madani, David Nichols and Eric Smith.

Steve Fust, Senior Project Manager, Swinerton Management and Consulting, said this was the first of four monthly public presentations of the conceptual design process with the final presentation scheduled for July 2003. He reviewed the steering committees for each of the four proposed buildings. Mr. Fust stated in late July or August 2003 the various funding mechanisms and cost implications for this project would be presented to Council. He introduced the design team from Fisher Friedman; Rodney Friedman, Dan Howard, David Tritt and Nathan Ogle.

Council was presented with several sequence options that displayed the potential for construction of the City Center in phases resulting with the appearance of a finished project at all times. The design team said endorsements had been received from each of the Steering Committees. They presented a landscape program which included a Civic Garden, a Civic Plaza, an amphitheater, outdoor terraces with water features, the Enchanted Forest and the Great Meadow.

Mayor Wilson opened public comment.

Mary Hansen, Economic Development Committee Advisory Chairperson, addressed the committee’s concerns surrounding the level of retail proposed for the center. She questioned if 20,000 sq. ft., for retail was enough and if an economic analysis had been done. She stated retail was an important component if this was going to be a live, gathering place during the day, evenings and weekend.

Vice Mayor Cambra inquired if the proposed 20,000-sq. ft., was the only retail area associated with the Center for the Arts. He stated a continual review of retail needed to be pursued. Vice Mayor Cambra said the plan for the 11.5 acres was primarily for civic uses with limited retail, and the larger regional concept would be along the Bollinger corridor.

Mayor Wilson closed public comment.

Vice Mayor Cambra requested the schedule for the remaining presentations be published to ensure community participation.

Cm. Hudson requested a copy of the minutes of the sub-committee for the City Center Building. He asked if the Discovery Garden was part of the Children’s Museum.

Mr. Fust stated the Discovery Garden was just a suggestion by the Steering Committee and that final approval would be made by the Council.

Cm. Tatarka asked where the Library was in the scheduling process.

Mr. Fust stated the Library Grant application would be governed by the EIR which was scheduled to be completed in November; the Library Grant Application would be submitted in January. He stated the design work for the Library was on schedule.

Mayor Wilson requested that all Councilmembers receive sub-committee minutes so that everyone could be kept informed. He asked that definitive dates for the monthly presentations be confirmed.

Gail E. Waiters, City Manager said she would review the schedule and confirm the dates as soon as possible.

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Mayor Wilson declared a 5-minute recess for the audience to review the presentation.

All Councilmembers were present when the meeting reconvened.

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Judy Macfarlane, City Clerk, announced the appointment of Kathy Stewart to the Transportation Advisory Committee created a vacancy on the Community Television Board of Directors. She said one application had been received in response to advertisements in the local newspapers and recommended the City Council review the application and appoint Beverly McAdams as San Ramon’s representative on the Community Television Board of Directors.

Cm. Hudson’s motion to appoint Beverly McAdams as San Ramon’s representative to the Community Television Board of Directors was seconded by Cm. Dickey and passed 5-0.

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Michelle Cowles said there was a continual problem with kids doing "donuts" in cars at the Royal Vista Golf Course parking lot. She requested that the gate, which the City paid for, be closed during the evening hours on Friday and Saturday nights.

Greg Carr commented on the lack of response from the City Council and staff to citizen requests made from the podium during public comment. He said his January request for an audit of City Councilmember expenses had been ignored. He said a more recent request made by residents of Bollinger Hills had been ignored as well, and expressed the importance for the City to enforce the development on the Weidemann Ranch. Mr. Carr said it appeared the developer was going outside of the constraints of the County development agreement and requested the City to preserve the area.

Rosalind Rogoff said it had come to her attention that City Code A-4.17 Internal Relations had been violated. She urged the City to pay more attention to the City Codes and distributed copies of that specific section to the Council.

Melody Lundgren, Friends of San Ramon, requested two items be agendized for Council and resident input; 1) changing to even-numbered year elections and 2) a measure to prohibit any land use permit for the purpose of a private use heliport in San Ramon. She said when issues are not agendized per resident requests, this eliminates the resident’s ability to have any substantive input into our governmental process. She noted that while there were several issues pending, the current agenda did not have unfinished business or new business for Council to address.

Sue Massie said Toll Brothers had proposed changes to the final development plan for Cross Valley Ridge that would negatively affect the view and property values of Weidemann Ranch and Norris Canyon Estates residents. She requested that the City verify with the County and the developers that the original Conditions of Approval were being adhered to. Ms. Massie also requested the County conduct public hearings on the proposed grading changes before the San Ramon Regional Valley Planning Commission during non-business hours to enhance attendance.

Diane Schinnerer requested that future presentations regarding the City Civic Center project be made at the Community Center to allow for more citizen input. She stated that two Councilmembers should not be planning something of this magnitude and stressed the need to obtain the support of the community for this project. Ms. Schinnerer addressed the Forest Home Farms issue and referred to the City’s contract with National Historic Trust. She questioned the action taken by Council at its March 25, 2003 meeting stating this matter had gone on far too long.

Mayor Wilson read a letter received from Rena Waterson, Friends of San Ramon, requesting that the even year elections and the heliport issues be agendized at the next Council meeting.

Linda Wilgus, representing the Crow Canyon Institute, announced the Spring Festival and Plant Sale would be held May 3^rd, from 9 A.M. to 3 P.M., at Crow Canyon Gardens.

Cm. Dickey requested the City Manager respond to the citizen requests for the even-number year election and heliport issues to be agendized.

Ms. Waiters stated the Royal Vista Fencing and the Forest Home Farms reports were scheduled to be on the April 22, 2003 agenda. She requested the City Attorney address the other items.

Tom Curry, City Attorney, stated the heliport prohibition and the change of election dates issues would be agendized pending the direction of Council.

Mayor Wilson stated all items would be addressed.

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Cm. Dickey’s motion to approve the minutes of the March 11, 2003 meeting was seconded by Cm. Tatarka and passed 5-0.

Mayor Wilson requested item 8.11 - Rotary Club Fund Development Letter of Intent, be removed from the Consent Calendar for discussion.

Cm. Hudson requested items 8.8 - Contracts Under $25,000 Quarterly Report. (January – March 2003), 8.9 - Resolution No. 2003-43 Supporting a Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission for the Dougherty Road Westside Sidewalk South of Red Willow Drive, and 8.10 - Resolution No. 2003-49 – Supporting the California Wild Heritage Act, be removed from the Consent Calendar for discussion.

Vice Mayor Cambra requested Item 8.5 - Resolution No. 2003-40 Authorizing the Mayor to execute an agreement with White Oak Landscaping for Turf Mowing Services in City Parks, Area II and Resolution No. 2003-41 Authorizing the Mayor to execute an agreement with Pacheco Brothers Gardening, Inc. for Turf Mowing Services in City Parks, Area I, be removed from the Consent Calendar. He stated additional information had been requested from the Public Services Director and he would like this item to be rescheduled to a later date.

Cm. Dickey stated she had a comment regarding Item 8.11.

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

Register of Demands dated March 17, 21, 23, 30, and April 6 2003 in the amount of $1,503,442.79.

Resolution No. 2003-34 Establishing a rate of $35 per equivalent runoff unit for FY 2003/04 for the National Pollutant Discharge Elimination System (NPDES) Stormwater Program and requesting the Contra Costa County Flood Control and Water Conservation District (Flood Control District) to adopt an Annual Parcel Assessment.

Resolution No. 2003-37 Authorizing the Mayor to execute an amendment to the agreement with FloraTech Landscape Management, Inc. increasing the contract amount by an amount not to exceed $48,312

Resolution No. 2003-39 Authorizing the Mayor to execute an agreement with Ferreira Service, Inc. for Heating, Ventilation and Air Conditioning (HVAC) Services in an amount not to exceed $9,732

Quarterly Investment Report - Period ending December 31, 2002.

Annual Audit Report - City of San Ramon for Fiscal Year Ending June 30, 2002.

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Cm. Hudson requested clarification on the scope of recruitment services contracted for with William Avery Associates.

Ms. Waiters stated that the contract included recruitment services for more than one department head.

Cm. Hudson stated this item was a $50,000 request and expressed hope that the City would receive $25,000 for a sidewalk in Dougherty Valley. He said the last time this request had been presented, he had requested that MTC funds be pursued for a sidewalk on the east side of Alcosta Boulevard from Norris Canyon to Crow Canyon Roads. If funds could not be obtained this way, he requested staff to include the Alcosta Boulevard sidewalk when the upgrading came due.

Cm. Hudson said he had not received any information on Senate Bill 2535 that is referenced in the proposed resolution. He expressed caution with resolutions supporting wilderness acts and requested more information before proceeding.

Cm. Dickey stated she would distribute to Council information pertaining to the Senate Bill and requested this item be continued.

Mayor Wilson read the letter from the City of San Ramon addressed to the San Ramon Valley Rotary Club accepting its offer of a fundraising campaign for the renovation of the David Glass House. He expressed thanks and accepted their generous offer.

Cm. Dickey expressed thanks and appreciation to the Rotary Club for their generous offer. Because this was a time sensitive matter, Cm. Dickey questioned the time line for Council’s final review for approval of the letter of acceptance.

Ms. Waiters stated staff would forward a copy of the Memorandum of Understanding to each Councilmember for review prior to submittal to the Rotary Club.

Cm. Hudson’s motion to approve the following items was seconded by Vice Mayor Cambra and passed 5-0.

Contracts Under $25,000 Quarterly Report - January – March 2003

Resolution No. 2003-43 Supporting a Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission for the Dougherty Road Westside Sidewalk South of Red Willow Drive.

Mayor Wilson’s motion to continue Items 8.5 and 8.10 to the meeting of April 22, 2003 was seconded by Vice Mayor Cambra passed 5-0.

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Ms. Waiters introduced Robert Stout, Interim Finance Director.

Ms. Waiters stated the Council’s Policy Committee would initially review and determine public requests for an item to be agendized. She stated this would allow Council to direct staff to prepare an analysis and recommendation in a timely manner.

Ms. Waiters stated pursuant to Council direction regarding the Royal Vista Fencing Project, staff would attempt to answer as many questions as possible with the information that was available. She said the Royal Vista Fencing Project was scheduled to be on the April 22, 2003 agenda.

Ms. Waiters said the Forest Home Farms issue had tentatively been scheduled for the April 8, 2003 meeting, however she honored a request from a Councilmember to reschedule it to the April 22, 2003 meeting.

Ms. Waiters said she had a discussion with the County Administrator regarding Norris Canyon Estates. She stated the County had informed her project was moving forward and that they had not experienced any problems with the agreement. She stated the County had informed her they were not aware of any substantial changes and they had not promised any additional meetings to the residents. Ms. Waiters suggested that a Council representative and staff member appear before the Board of Supervisors to formally address the concerns.

Ms. Waiters stated there were many items of new business that were addressed on the Consent Calendar that evening. She stated while items may not be specifically listed on the agenda, staff was continually working on many unfinished and new business matters.

Ms. Waiters stated the Finance Committee Meeting had been cancelled due to lack of agenda items. She said the report on massage fees had been forwarded directly to Council.

Brian Lindblom, Chief of Police, stated there had been a meeting to discuss concerns regarding two group homes in San Ramon. He said the meeting between the operators of the group homes, the neighbors, State and County agencies along with Police staff discussed issues relating to having two group homes such a close proximity of each other. Chief Lindblom stated this meeting had been productive and an additional meeting had been set to address additional issues.

Chief Lindblom said planning was underway to prepare for an anti-war demonstration on April 14, 2003 at ChevronTexaco. He described the collaborative efforts being made and was optimistic that this would be a peaceful and lawful demonstration.

Cm. Tatarka requested the City Manager to provide clarification regarding the meeting with the County and Norris Canyon Estates.

Ms. Waiters stated she had a meeting scheduled with a County Administrator staff member and a community meeting with the County representative would be scheduled in the near future.

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Cm. Hudson said there had been a misconception surrounding the timing of requests for the even numbered year election issue. He stated that it had previously taken many weeks for the matter to appear on an agenda.

Cm. Hudson said the City needed to come up with a resolution to protect the view of Weidemann Ranch and Norris Canyon Estates residents from the Cross Valley Ridge project. He said the original agreement was that no more than 10 homes would be seen from the entire valley. Cm. Hudson stated that any presentation made pertaining to the Weidemann Ranch/ Norris Canyon Estates should be made in San Ramon.

Joye Fukuda, Development Services Director, said the Planning Department was currently working with the County to prepare a presentation for Council to address this matter.

Cm. Hudson stated San Ramon needed to be very clear and concise on its concerns and requirements and should appear before the Board of Supervisors. He stated it had been many years since this issue had been before the Board, and supported the City Manager’s suggestion that a Council representative and staff member address the issue directly with the Board.

Ms. Waiters stated that action could be taken with both the Board of Supervisors and a presentation to Council.

Mayor Wilson stated that he would be the Council representative.

Vice Mayor Cambra stated that each Councilmember should be present to weigh in on this issue before the Board of Supervisors.

Cm. Hudson stated he did not want Council to have a pre-determined attitude on this situation and especially did not want to usurp the process. He said it would be fair to allow the County to present their plan and wanted a physical, detailed model to show the citizens what impact the project would have on the hillside.

Cm. Tatarka said this matter encompassed more than seeing the houses and said it had reached a level which needed to be addressed with the Board of Supervisors. She said because there was no representation on the Board, combined with the length of time that had elapsed, the lack of response from the County along with poor communication, the community needed to know what actions the City and Council would be taking to resolve the matter.

Cm. Tatarka stated it was National Library Week and the San Ramon Library was one of the most utilized libraries in the entire County. Cm. Tatarka recognized and thanked Connie Book for her fund raising efforts for a needy family. Cm. Tatarka said the 2^nd Annual Gala for the Valley Children's Museum had been held and thanked all the Valley residents and sponsors for their support.

Cm. Tatarka requested that the Finance Director research and present to the Finance Committee a resolution declaring an official intent to reimburse the City’s reasonable cost of the City Civic Center Project for funds it has taken from other sources such as the General Fund, from proceeds from whatever financial mechanisms such as bonds or Certificates of Participation or other notes. She suggested that a separate City Civic Center revolving fund be established where amounts appropriated for such purposes can be debited and credited.

Cm. Dickey said she would like to receive the Glass House report prior to the next Council meeting. She stated the San Ramon Historic Foundation was a recipient of grant money and she was anxious to receive the report on how the money was used. She stated due to the lengthy nature of the report, she would appreciate receiving the information prior to receiving the Council packet. Cm. Dickey said to clarify misconceptions by Diane Schinnerer, the Council liaisons to the City Civic Center Oversight Committee were not planning anything. She said it was an oversight meeting to monitor scheduling and that planning matters were taken before Council.

Cm. Dickey stated she had met with the City Attorney to discuss campaign spending limits and changing to even year elections. She stated that due to the fact that these issues had previously been discussed by Council she hoped that the items could bypass the Policy Committee and be agendized for the next Council meeting.

Cm. Hudson said he had attended the Planners’ Institute in San Diego and that AB680 – the allocation of sales and use tax, and property tax revenues for affordable housing, was being reintroduced as AB1426. He said there had been several scenarios presented regarding stormwater drains which required monitoring by the Planning Department to avoid potential problems in the future. Cm. Hudson described the benefits of attending the Planners’ Institute and felt the entire Council would benefit by attending in the future.

Cm. Tatarka specially addressed Diane Schinnerer’s earlier comments and stated she had requested the City Civic Center presentation be held at the Community Center. She expressed her hope that future presentations would be held at the Community Center.

Vice Mayor Cambra reviewed the Shaping our Future meeting he attended on April 5, 2003. He stated the public workshop had been attended by approximately 300 people. Vice Mayor Cambra said they would soon be reaching the point to start making decisions and he would keep everyone apprised. He said he was pleased to hear that the Forest Home Farm issue and the Royal Vista Fencing Project were both on the April 22, 2003 agenda. He requested the various ballot initiatives, even year elections, heliport and campaigns contributions be agendized at separate meetings to ensure that each item had adequate time for discussion.

Vice Mayor Cambra requested a copy of the initial and current Norris Canyon Estates grading plans for his review. He referred to Greg Carr’s request for an audit that had been tabled by Council last year and requested this item be agendized.

Ms. Waiters requested that this audit be conducted when the permanent Finance Director was in position. She stated if directed by Council, an independent auditor could be retained to provide this service.

Cm. Hudson said the Open Space and Conservation Advisory Committee had its first meeting and a proposed countywide bond measure for open space had been discussed. He stated the East Bay Regional Park District Advisory Committee had discussed that Measure AA could be extended as Measure C had been. He said specific areas (on the west side of the ridge) could be targeted for a parcel tax because that area had previously favored the measure.

Cm. Tatarka referred to a recent Tri-Valley Council meeting and inquired as to the status of regional cemeteries. She expressed her desire to be on that committee.

Vice Mayor Cambra clarified that the original request for the audit was not internal; it was external and that costs had been associated with it. He stated his belief that all that was necessary would be to update the costs.

Mayor Wilson said the Walk for Sunny Glen was very successful, as was the Fashion Show at the Senior Center.

Mayor Wilson stated the Norris Canyon Estates matter affected all of San Ramon and pledged continued support from staff and Council.

Mayor Wilson said there had been a joint conference between Alameda and Contra Costa Counties. He said there had been discussions regarding Measure B and Measure C, and the importance of a partnership between the two counties. He stressed the importance of keeping the residents informed regarding Shaping our Future so feedback would be provided to Council.

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There being no further business to come before the City, the meeting was adjourned at 9:35 P.M.

Signed:

APPROVED:  MAY 13, 2003