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MINUTES OF THE May 13, 2003A regular meeting of the City Council of the City of San Ramon was called to order on May 13, 2003 at 5:30 p.m. at the San Ramon Senior Center, 9300 Alcosta Boulevard, 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, Public Works Director Joye Fukuda, Planning Services Manager Phil Wong, Senior Planner Charlie Mullen, District Engineer Maria Robinson, Acting Transportation Manager Lisa Bobadilla, City Civic Center Project Manager Doug Udell, and City Clerk Judy Macfarlane. * * * * CLOSED SESSION Mayor Wilson said the City Council had met in closed session pursuant to Government Code §54956.9(b)(1)(C) to discuss two cases of significant exposure to litigation. He announced that no action was taken. * * * * PLEDGE OF ALLEGIANCERepresentatives from the Senior Advisory Committee led Council, staff and those present in the audience in the pledge of allegiance. * * * * SPECIAL PRESENTATIONSMayor Wilson presented a proclamation declaring May 17, 2003 as “Kids Day America” to Michelle Arietta. Police Chief candidates Kevin Ryan, Michael Newman and Kathleen Samuels presented summaries of their qualifications and experience to the City Council. Each candidate was given fifteen minutes for his or her presentation followed by a question and answer period. Gail E. Waiters, City Manager, announced she would personally interview the candidates and planned to announce her decision by May16, 2003. * * * * CITY COUNCIL APPOINTMENTS Cm. Hudson’s motion to appoint John Blatter, John Dickenson and Greer McVay to the Economic Development Advisory Committee was seconded by Cm. Dickey and passed 5-0. Lisa Bobadilla, Acting Transportation Manager, reviewed the purpose and composition of the I-580 Corridor Transit Study Policy Advisory Committee and stated it should include a representative from the San Ramon City Council. Cm. Dickey’s motion to appoint Nancy Tatarka as the City Council Liaison to the I-580 Corridor Transit Study Policy Advisory Committee was seconded by VM Cambra and passed 5-0. VM Cambra’s motion to appoint David Hudson as the alternate City Council Liaison to the I-580 Corridor Transit Study Policy Advisory Committee was seconded by Cm. Tatarka and passed 4-1 (Cm. Dickey dissenting). * * * * PUBLIC COMMENT James Hanafee said he was disappointed that the undergrounding of utility wires in south San Ramon had been cut from the budget again. He stated the residents in that area had been waiting a long time for this project while the City has continued to receive funding from PG&E for that purpose. Leila Salazar, representing Amazon Watch, said they had sponsored a delegation from the Amazon region in Equador to visit San Ramon in an attempt to focus attention on the devastation and destruction caused by ChevronTexaco’s oil drilling. She said there would be several community meetings to explain their plight and expressed hope they would be meeting with the CEO of ChevronTexaco to present their concerns. Steven Donziger said he was an attorney representing Amazon Watch and explained the purpose of a lawsuit that had been filed by Amazon Watch against ChevronTexaco. Toribio Aguinda (interpreted by Steven Donziger), said originally Texaco had begun the oil-drilling project over 30 years ago. He said because of the pollution to the water in the Amazon, the population of the indigenous tribes had diminished from 15,000 to 300. He expressed his hope that ChevronTexaco would return to the Amazon to clean up the pollution and pay for the damages the oil drilling had caused. April Rovero, San Ramon Soroptomist, announced, “Strides for Awareness,” a Breast Cancer Charity Awareness fund-raising walk would be held June 7th. She said it would be a four-mile walk beginning at Iron Horse Middle School. Joan Ernst, San Ramon Senior Advisory Committee, welcomed the City Council, staff and residents to the Senior Center. She said the Senior Center was a top-notch facility in the City, and invited everyone to come back again and visit. Diane Schinnerer said she had four topics that evening; 1) she requested that residents’ addresses referenced in City Council minutes on the City web-page be deleted for safety reasons; 2) she asked how much overtime the City paid staff members to conduct the telephone survey of residents regarding being on a wait list for aquatic programs; 3) she questioned why the March 25, 2003 minutes were verbatim as opposed to executive summary minutes; and 4) the residents south of Montevideo Drive had been taxpayers for a very long time and deserved to have the undergrounding of utility wire prioritized in the City’s budget. * * * * APPROVAL OF MINUTES Rosalind Rogoff said the City should consider subscribing to Video on Demand (VOD) offered by Community Television Channel 30. She said VOD was a fast and easy way for residents to view the City Council meetings, and it would help to eliminate the need for 63-pages of meeting minutes. Cm. Tatarka’s motion to approve the minutes of the March 25, 2003 meeting was seconded by VM Cambra and passed 5-0. Cm. Dickey’s motion to approve the minutes of the April 8, 2003 meeting was seconded by VM Cambra and passed 5-0. Cm. Dickey’s motion to approve the minutes of the April 22, 2003 meeting was seconded by Cm. Tatarka and passed 5-0. * * * * Mayor Wilson declared a five-minute recess. All Councilmembers were present when the meeting reconvened. * * * * CONSENT CALENDARCm. Tatarka requested that Item 8.4 Appointment to the Tri-Valley Cemetery Committee and Item 8.5 Appointment to the Tri-Valley Theatre Committee be removed from the consent calendar for discussion. VM Cambra stated he had a quick question on Item 8.3 Acceptance of Water Fountain Landscape Entry Feature within Subdivisions 7796 and 8254 for maintenance (Shapell Industries/The Bridges at Gale Ranch). VM Cambra asked how the maintenance for this fountain would be funded in the future. Joye Fukuda, Public Works Director, replied that this would not be funded from the General Fund. She stated the on-going maintenance for the fountain was part of the Contra Costa County Service Area (CSA) assessment of the residents of the Dougherty Valley. Cm. Tatarka said the subject of a regional cemetery had been addressed at the Tri-Valley City Council meeting in 2002 and again at its meeting February 27, 2003. She stated discussion included the possibility of creating a special district or a JPA and expressed her desire to represent the City on this committee. Mayor Wilson said it was within his purview as Mayor to make the Council liaison appointments to committees. He stated mayoral appointments to committees was a time-honored tradition for the past twenty years and asked for the same opportunity be awarded to him. He expressed his desire to ensure parity and avoid the imbalance of committee appointments that had occurred last year. VM Cambra asked that before appointments are made to the Tri-Valley Cemetery and/or Tri-Valley Theater Committees, more information regarding the charge and responsibilities be forwarded to Council. He stated it seemed very nebulous at this time and was reluctant to make appointments to committees when the scope had not yet been established. He suggested the Policy Committee review these committees. VM Cambra said he was unaware of the Tri-Valley City Council meeting and requested that all Councilmembers be notified in the future. Ms. Waiters said contact would be made with the respective cities on the Tri-Valley City Council to establish exactly what would be the purpose and structure of the Tri-Valley Cemetery and the Tri-Valley Theater Committees. Cm. Dickey suggested that two appointments be made to each committee, a delegate and an alternate. Mayor Wilson said all Councilmembers could attend any meeting they desired as long as the meeting had met Brown Act posting requirements. Cm. Hudson’s motion to approve the following consent calendar was seconded by Cm. Tatarka and passed 5-0. Register of Demands dated April 11, 24, 27 and May 2, 2003 in the amount of $1,092,713.70. Acceptance of Work by White Oak Landscape, Inc. for Memorial Park CIP 8207 and Bollinger Median Landscaping (CIP 8433). Acceptance of Water Fountain Landscape Entry Feature within Subdivisions 7796 and 8254 for maintenance (Shapell Industries/The Bridges at Gale Ranch). Cm. Hudson made a motion to approve Item 8.4 Appointment to the Tri-Valley Cemetery Committee. VM Cambra made a substitute motion to table Item 8.4 Appointment to the Tri-Valley Cemetery Committee and Item 8.5 Appointment to the Tri-Valley Theater Committee. Cm. Dickey seconded the substitute motion. She asked it there were any time constraints surrounding the appointments. Mayor Wilson confirmed there were time constraints. He stated a Tri-Valley Theater Committee meeting had already been missed and a Tri-Valley Cemetery Committee meeting was scheduled in the near future. He said the appointments were relatively simple and Council should concentrate its attention on more substantial matters rather than dissecting committee appointments. Ms. Waiters confirmed the next Policy Committee meeting would be the fourth week of June. Mayor Wilson requested a roll call vote. VM Cambra’s motion to table the appointments to the Tri-Valley Cemetery and Tri-Valley Theater Committees failed 2-3 (Dickey, Hudson, Wilson dissenting). Cm. Tatarka said she and Cm. Hudson would meet to discuss the appointments. Mayor Wilson stated his decisions would not change regardless of any meetings or discussion between Cms. Hudson and Tatarka. VM Cambra’s motion to continue Item 8.4 Appointment to the Tri-Valley Cemetery Committee and Item 8.5 Appointment to the Tri-Valley Theater Committee was seconded by Cm. Hudson and passed 3-2 (Dickey, Wilson dissenting). * * * * UNFINISHED BUSINESS Massage Permit Fees Brian Lindblom, Chief of Police, stated on October 22, 2002, the City Council adopted Ordinance No. 351, transferring the administration of massage licenses and permits from the Sheriff’s Office to the City of San Ramon. He stated the change in massage permit fees would help defray the costs of administering the program and assist the City in regulating those who operate without experience, training, and good health, or those who maintain an illegal operation. Mayor Wilson opened public comment. Ann Haines said she was an independent, licensed, certified massage therapist. She stated that Contra Costa County categorized her as an owner/operator with annual fees in the amount of $468. She stated if Council passed this Ordinance, her annual costs would exceed $900 and create a financial hardship. VM Cambra asked Mrs. Haines is she was licensed by the State under the Healing Arts section of the California Business Code. Mrs. Haines replied that she was not. Mayor Wilson closed public comment. Cm. Tatarka questioned the Police Chief about the increase in fees stated by Mrs. Haines. She commented that the fees charged by the Contra Costa County Sheriffs office were significantly higher than the cities of Pleasanton, Concord and Walnut Creek, and asked Chief Lindblom for clarification. Chief Lindblom replied that costs incurred for those cities were not offset by their current fees. Cm. Dickey asked Mrs. Haines to provide a cost breakdown for the fees she is currently paying, and how she determined the new increased amount. Chief Lindblom clarified for Mrs. Haines and Council that the fees would not double as stated by Mrs. Haines. He stated if the Ordinance passed, the permitting process would be administered by the City with the same fee structure and would eliminate any fees paid to the County. He stated that there would be no increase in cost to Mrs. Haines. Cm. Dickey’s motion to adopt the Ordinance was seconded by Cm. Hudson and passed 5-0. Ordinance No. 351 – Repealing Title B, Division 7, Chapter IX, Massage Services and Adopting Procedures for the Issuance and Regulation of Massage Permits. * * * * Golf Course Fencing Project Joye Fukuda, Public Works Director, stated this was an informational report in response to Council questions raised at the March 25, 2003 Council meeting. She said staff was developing a comprehensive contract administration program that will secure, monitor and implement future City contracts. Mayor Wilson read correspondence received from Jim Poyner stating his hope that political action committees were being charged the same fees as private residents for copies of public records. Mayor Wilson opened public comment. Melody Lundgren stated the Friends of San Ramon had paid for the copies of information previously compiled on the fencing project. She questioned and disputed several topics addressed in the staff report. Mrs. Lundgren said an outside audit on this project should be conducted and that Royal Vista Golf Course should pay for 50% of the project and reimburse the City for its overpayment. Roz Rogoff questioned why the City had not billed the original requestor the approved $40 per hour research fee. She suggested that the Friends of San Ramon should pay for the outside audit that they are demanding. Diane Schinnerer stated that this on-going issue regarding the fencing project was nothing more than an election campaign issue to support the firing of the past City Manager. She stated that fencing required on-going maintenance similar to road and machinery. Mrs. Schinnerer requested that the original requestor of the fencing project information be billed the $40 per hour research fee. She noted that the #1 recommendation of the South of Montevideo Advisory Committee had been the fencing project. James Hanafee questioned why 110 staff hours had been spent on accumulating such sparse information. He identified an area along Olympia Fields where the fencing project had still not been completed. Mr. Hanafee said the corrosion of the fence, which was carbon steel and not wrought iron, had not been caused by water, but lack of proper sealing at the welds. VM Cambra asked Mr. Hanafee to clarify that oxidation (rust) does not occur when carbon steel is prepared and maintained properly, and that water, whether rain or well water, has no bearing on the oxidation process. Mayor Wilson closed the public hearing. VM Cambra said the original request for research was generated by the interim City Manager, Jim Randall, due to numerous requests by concerned citizens. Cm. Tatarka inquired as to what direction staff was looking for. Ms. Waiters replied that staff had responded to Council’s request to provide more information and did not have a recommendation. Cm. Dickey acknowledged that staff did not have an executed contract, there was sketchy documentation and the project took an exorbitant lengthy time to complete. She said that due to Royal Vista’s inability to complete the project in a reasonable amount of time, the total cost of the project had escalated from $103,000 to $369,745 in ten-years. She said improvements were being made to the City’s contract administration to better monitor the use of the General Fund. Cm Dickey expressed her reluctance to fund an outside audit while positive projects were currently being cut from the budget. She stated this would not be a prudent use of City funds to contract for an outside audit on this project. Cm. Tatarka said it was obvious that procedures had not been followed and there was a poor paper trail on this project. She said it was disturbing that this project had been phased over a period of time (1993-2002) to accommodate Royal Vista’s financial needs. She questioned the City’s financial stability if every other project had been managed in this fashion. Cm. Tatarka shared the contents of a memo regarding an audit of Councilmember travel expenses stating that there were no records prior to 1996. She said the City’s record retention policy needed to be reviewed. She also stated that the Council needed to move on and address important issues. VM Cambra said this issue had been portrayed as an isolated incident, but over the past year, he had received reports that included hand written documentation, which was inappropriate. He stated a City contract was a very important legal document that supported the legal use of public funds. He expressed concern that this was a continuing practice and supported an audit to harvest independent recommendations that would assist staff in developing procedures for future contracts. Mayor Wilson said the entire Council was concerned about the contract process and expressed confidence in the new City Manager’s ability to implement the necessary procedural changes. He stated there were far more important programs being cut from the City budget, and he did not support hiring an auditor. Mayor Wilson said we should learn from past mistakes and move forward with more important issues. Cm. Tatarka asked the City Manager how much an outside audit would cost. Ms. Waiters replied that a preliminary estimate had not been obtained. She said due to the fact that documentation was not within the City’s custody, outside investigations and interviews, along with the potential for subpoenas of documents could drive the cost in excess of $10,000. VM Cambra questioned the assessment of $8,000 for 110 hours of staff time. Ms. Waiters explained this figure included the director and support staff salaries for work dating back to November 2002. VM Cambra asked the City Attorney if he or his staff could research the project to establish if public funds were used in an appropriate manner. The City Attorney said he could issue an opinion to establish whether or not the general subject matter was a gift of public funds. He said based on the facts on hand he could come up with preliminary judgment on whether or not proper procedures had been followed. He suggested that it would be more economical for the City to hire an outside auditor instead of an investigative attorney. VM Cambra asked the Public Works Director if she had requested from the sub-contractors any and all documentation pertaining to this project. Mrs. Fukuda replied that on two separate occasions staff had met with the general manager of Royal Vista Golf Course in an attempt to gather information. She stated there had been a change of management at the golf course half-way through the project, and records pertaining to the project had been lost. Cm. Dickey said she would not authorize an audit without knowing how much it would cost. VM Cambra stated that the City needed to find the location of the 1,055 feet of missing fence. He said this could potentially represent $25,000 to the residents of San Ramon and he was not about to walk away from it. Cm. Tatarka suggested ascertaining the cost of the audit based on utilizing the information already gathered by staff. Mayor Wilson said a resolution to this matter was needed and the City Council needed to move on. Ms. Waiters said she would secure an estimate for an audit of the fencing project if directed to do so by Council. She noted however, there would be a fee charged by an auditor for provision of this estimate, and she did not anticipate it would exceed $25,000. Cm. Tatarka made a motion for staff to secure an estimate for an audit of the fencing project utilizing the information already compiled. VM Cambra requested the motion be amended to include directing staff to measure the fence. Cm. Dickey stated this would establish if the City overpaid its share of the project. Mayor Wilson asked if there would be a cap on how much would be spent to perform such an audit. Cm. Tatarka’s motion to direct staff to secure an estimate for an audit of the fencing project utilizing data already compiled, and to have staff measure the fence was seconded by Cm. Dickey and passed 3-2 (Hudson, Wilson dissenting). * * * * By consensus of the City Council, it was agreed that Item 10.5 – Discussion of Norris Canyon Estates be heard next, followed by Item 10.4 – City Civic Center Project Status Report. * * * * Norris Canyon Estates Charlie Mullen, Senior Planner, said a letter had been presented to the Contra Costa County Board of Supervisors at its May 13, 2003 meeting regarding Norris Canyon Estates. Mr. Mullen stated the Board pulled the item from their agenda and directed county staff to prepare a letter responding to the requests and concerns surrounding the Norris Canyon Estates project. Mr. Mullen said staff recommended the City Council designate a Councilmember to represent the City of San Ramon at a future Board of Supervisors meeting concerning the Norris Canyon Estates project. Mayor Wilson opened the public hearing. Mayor Wilson read a statement from Douglas Graves stating he did not want to see any more houses on the hillsides. Mayor Wilson read a letter from Victor Petersen, President of the Bollinger Hills Homeowner’s Association expressing concern that changes to lot heights in County projects might impact existing view-sheds. Jim Blickenstaff thanked the City Council for becoming involved with this project. He stated his concerns with the non-compliance by the developers, which would have a detrimental affect to the view-sheds and water drainage. Sergio Retamal stated when he purchased his home less than two-years ago, he was told the view would not be impaired by any development on the ridge. He stated there would be a significant loss of property value if development impeded the view-shed. Melody Lundgren encouraged the City Council to support the residents of San Ramon on this issue. She said the view-sheds affected everyone who lived in the City. Susan Friedman expressed the importance of preserving the natural open-space beauty of the western hills and that the view is enjoyed from most locations throughout the City. She said she had been assured by county officials that the view would not be impacted, and expressed concerns for future county projects along Norris Canyon Road. She wanted assurance that the developers were in compliance with the Development Agreement and the annual reviews were being conducted. Kimberly Good said her first concern was the preservation of open space and view of the western hillside. She said there was a letter signed by fourteen residents who had been told by a county official that the homes of Norris Canyon Estates would not be seen by the residents of Bollinger Hills. She stated the development was not in compliance on several issues She requested the City assist in several development issues. John Taylor said when he purchased his house on Derby Drive in 1999, he was told by the realtor and county employee, Bob Drake, that he would not see any buildings on the ridgeline. Lloyd Griffin submitted a speaker card stating he agreed with all of the concerns expressed by his neighbors. Mayor Wilson closed the public hearing. Cm. Hudson stated it was generally assumed that the Thomas Ranch development would be annexed into the City although there is no annexation agreement at this time. He stated there were performance standards in the agreement that must be honored. He said one of the purposes of sending the letter to the Board of Supervisors was to ensure that any meeting regarding the Norris Canyon Estates project be held in San Ramon. Cm. Hudson stated that if the County refused to conduct these meetings in San Ramon, the City should have at least one representative from Council in attendance. Cm. Dickey said while it would be optimum to have Mr. Drake or any Board Member conduct a meeting in San Ramon, Mr. Drake had stated emphatically that the Board of Supervisors would not travel to San Ramon for any public meetings. She also said that she had attended the meeting when Mr. Drake stated that no houses would be seen from Bollinger Hills but the people that would be impacted would be on the East Side. Cm. Dickey referred to the Save our Hills initiative that passed several years ago and stated she had never anticipated seeing as many houses so high on the hillsides. Cm. Dickey said it would be more of an impact to have all Councilmembers present at the Board of Supervisors meeting to protect the residents and the ridgeline. VM Cambra verified with Mr. Mullen that the list of questions from Bollinger Hills Homeowner Association had been submitted to the County and they had yet to receive a response. Cm. Hudson asked Mr. Mullen if any amendments to the grading or development, or changes to the conditions of approval for this project had been scheduled by the County Planning Commission. Mr. Mullen said the developer had submitted an application for a minor grading plan amendment that would raise a cross valley ridge. He said that the City could appeal when the application was heard at a public or zoning hearing. Cm. Hudson said those hearings could be requested to be held in San Ramon. Cm. Tatarka stated this project was formerly known as Weidemann Ranch. She stated it was a county project and they were the lead agency. She said even though the project was within the City’s sphere of influence, the City could only comment and make recommendations. Cm. Tatarka said citizen inquiry into the development of the project began over 18 months ago and that there had been two public meetings; the first in San Ramon and the second at the District 3 office. She stated that the letter from the City of San Ramon dated April 29, 2003 to the Board of Supervisors finally got the issue of Thomas Ranch Estates agendized. Because of her long involvement with the project, Cm. Tatarka requested that she accompany the Mayor to the next Board of Supervisors meeting to discuss the issue. She encouraged the importance of the entire Council attending that meeting and expressed doubts that the Board would travel to San Ramon again. Cm. Hudson said this project went back many years. He said the current problem was that the developer was trying to change their development plan. He stated the correct procedure to follow would be to process it through the county planning commission. He said when there was going to be a change to any development plan, the public hearings should be held in the city that would be most impacted. Cm. Dickey suggested that the City Council adopt a resolution of support for the Norris Canyon Estates. She again encouraged all Councilmembers to attend the Board of Supervisors meetings to show solidarity. VM Cambra said the grading issues at Norris Canyon Estates was of paramount importance. He said there had been grading problems from the very beginning of the project that had a detrimental impact on San Ramon. He said deviations from the grading plan had not been announced until after the fact. VM Cambra said the responses received from the County did not display a willingness to assist the residents of San Ramon. Mayor Wilson said every member of the City Council was designated as an official representative of San Ramon with the County Board of Supervisors. He said in addition to all Councilmembers attending the meetings, he encouraged the residents as well to show San Ramon is unified, and that we as a city care. He stated the City needed to talk to the Supervisors, get the answers to the questions, and then the next step would be considered. Cm Dickey’s motion for staff to draft a Resolution of support for the Norris Canyon Estates examination of the grading problems and take in to consideration the community’s concerns was seconded by Cm. Tatarka and passed unanimously. Cm. Tatarka commented that part of the difficulty with the Board of Supervisors was that the seat for District 3 was vacant and the City lacked representation. Mayor Wilson stated that all four supervisors represented San Ramon, especially the Chair of the Board, regardless of the District 3 vacancy. * * * * City Center Project Status Report Doug Udell, City Civic Center Project Manager, introduced the Project Team; Steve Fust, Swinerton Management and Consulting, Rodney Friedman, Dan Howard, David Tritt and Nathan Ogle, Fisher Freidman Associates, and Jim lee and Cinda Gilliland, SWA Group. Mr. Fust provided a brief history of Swinerton’s and Fisher Friedmann’s involvement with the project. He confirmed that the individual floor plans of the buildings have been completed and are on schedule for a final presentation in July. Messer’s Friedman and Lee described the updated plans for the project site and landscaping features using the latest model. Mr. Friedman mentioned the specific floor plan of the City Administrative building and noted the amount of public meeting rooms and public areas that are contained in the building. Mr. Howard presented a slide show of the floor plans for each individual building. Mr. Fust closed the presentation stating the Design team was moving forward with and anticipated meeting the July deadline. He noted that the latest plans and drawings would be available on the City’s web site and the display boards would be at the Community Center. Cm. Tatarka said the City Civic Center Oversight Committee had been actively involved in this design process and announced that the final presentation would be made in July. Mayor Wilson read a letter received from Jim Blickenstaff encouraging the phasing process of the project. He stated that the green space and water element proposed for the northeast quadrant should be included in the first phase stating it was of modest cost. He added that component would represent a compelling and appealing feature that would attract people to the site. Mayor Wilson closed public comment. Mayor Wilson expressed his continued concerns for the financial aspect of this project and was anxious for the budget and financing options to be presented. Term Limits of Council Members Cm. Hudson’s motion to continue the proposal to limit the terms of Councilmembers to the meeting on May 27, 2003, was seconded by Cm. Tatarka and passed 4-0 (Cambra absent). * * * * NEW BUSINESS Report to the Geologic Hazard Abatement District Board of Directors Accepting Ownership of Open Space Parcels Maria Robinson, District Engineer, stated a resolution had been prepared requesting the GHAD Board of Directors to accept certain open space parcels for ownership in West Branch from Shapell Industries. She said the GHAD was formed in 1990 pursuant to California Law, to prevent, mitigate, abate, or control geologic hazards in West Branch. In 1998, the GHAD entered into an agreement with Shapell for the GHAD to begin GHAD maintenance of the open space in West Branch beginning in June 1997. In 2001, Shapell formally requested that these open space parcels in West Branch be dedicated in fee to GHAD. Ms. Robinson stated it was recommended that the City Council, acting as the Board of Directors, adopt the resolution. No one spoke during public comment. Board Member Dickey’s motion to approve Resolution No. 2003-45 accepting ownership of certain open space parcels in Subdivisions 7010 and 7017 was seconded by Board Member Hudson and passed 4-0-1 (Cambra absent). Resolution No. 2003-45 Accepting certain open space parcels in Subdivisions 7010 and 7017 for ownership for Geologic Hazard Abatement District No. 1990-01 * * * * Agricultural Lease Agreement Ms. Robinson stated the open space parcels accepted by the adoption of Resolution No. 2003-45 were currently being leased to TN Cattle Company through an existing Agricultural Lease Agreement. She stated that the lands were currently being used for grazing purposes for livestock and the TN Cattle Company wished to continue to use these lands in that manner. Ms. Robinson detailed the rental revenue and stated the payments received would be deposited into the GHAD Fund and used solely for GHAD activities, which were defined in the GHAD Plan of Control. She said it was recommended that the GHAD Board approve an Agricultural Lease Agreement between the GHAD and TN Cattle Company for certain open space parcels within Dougherty Valley and authorize the GHAD Board Chair to execute the Agreement with TN Cattle Company. Board Member Dickey’s motion to approve an Agricultural Lease Agreement between the GHAD and TN Cattle Company for certain open space parcels within Dougherty Valley and authorize the GHAD Board Chair to execute the Agreement with TN Cattle Company was seconded by Cm. Tatarka and passed 4-0-1 (Cambra absent). * * * * GHAD Engineer’s Report Ms. Robinson said a resolution of intention had been prepared to order assessments for the GHAD for FY 2003-04 and to set a public hearing for June 10, 2003. She reviewed the budget and assessments, along with activities to be conducted during FY 2003/04. Ms. Robinson stated it was recommended the GHAD Board of Directors receive the GHAD Engineer’s Report, adopt the resolution and set a public hearing for June 10, 2003. No one spoke during public comment. Mayor Wilson clarified there would be a public hearing on this issue at the next Council meeting, June 10, 2003, and encouraged those with questions and/or concerns to attend that meeting. Board Member Dickey’s motion for the GHAD Board of Directors to receive the GHAD Engineer’s Report for FY 2003/04; adopt Resolution No. 2003-55, Resolution of Intention to Order Assessments for Geologic Hazard Abatement District 1990-01 and to set a public hearing for June 10, 2003 was seconded by Board Member Hudson and passed 4-0-1 (Cambra absent). * * * * CITY MANAGER COMMENTS Ms. Waiters requested the City Council provide direction to staff on whether or not to proceed with an audit of expenses for the City’s elected officials. Mayor Wilson stated since this was not a time sensitive matter he would like it continued to the next meeting. Ms. Waiters said she would provide the information on the Royal Vista fencing project for Councils’ review so that direction regarding the performance of an audit could be provided at a future Council meeting. Ms. Waiters requested the Council review the proposed Memorandum of Understanding with the San Ramon Valley Rotary Club pertaining to the David Glass House, and provide direction to staff. Chief Lindblom announced that May 15th was Peace Officers Memorial Day in addition to the week of May 15th designated as National Police Officer Week, and requested that the City flag be flown at half-staff. Cm. Dickey requested the City Manager provide an explanation as to why portions of the meeting minutes are verbatim, as opposed to summary. Ms. Waiters stated periodically she would direct the City Clerk to transcribe verbatim minutes when there are sensitive issues. CITY COUNCIL COMMENTS Cm. Tatarka said she had attended the National Women in Housing conference in Oakland and information would be provided to all Councilmembers pertaining to the National Housing Trust Fund. There being no further business to come before the City, the meeting was adjourned at 12:15 A.M. Signed: |
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