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MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

September 22, 2009

A regular meeting of the City Council of the City of San Ramon was held September 22, 2009 at 7:07 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Vice Mayor Hudson presiding. 
PRESENT:  Councilmembers Hudson, Livingstone, Perkins, and Rowley.
ABSENT:  Mayor Wilson.
STAFF PRESENT:  City Clerk Patricia Edwards.

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PLEDGE OF ALLEGIANCE

Vice Mayor Hudson led those in attendance in the pledge of allegiance. 

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ANNOUNCEMENTS

The City Clerk noted that there were no changes or additions to the agenda.  The City Clerk noted that there were no changes or additions to the meetings listed on the agenda. 

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SPECIAL PRESENTATIONS

(#4.1) Proclamation Designating September 21-27, 2009 as Falls Prevention Awareness Week.  Presented to Fall Prevention Program Manager Sandy Kok, Coalition Member Rebecca Teams, and San Ramon Senior Citizen’s Advisory Committee Chair Shirley Ernest by Vice Mayor Hudson.

Vice Mayor Hudson presented the proclamation to Sandy Kok.  Ms. Kok reported that 70 agencies in Contra Costa County are coordinating their efforts to increase public awareness of falls prevention.  Rebecca Teams provided information on the frequency of falls and the resulting financial cost and impact on the quality of life.  Shirley Ernest reported that a Falls Awareness Program will be presented by John Muir Hospital at the Senior Center.  Classes will be held on October 1, 8, 15, and 22, 2009.  She encouraged interested residents to attend.

(#4.2) Proclamation Designating October 2009 as Domestic Violence Awareness Month.  Presented to STAND! Against Domestic Violence Board President Linda Best by Vice Mayor Hudson.

Vice Mayor Hudson presented the proclamation to Linda Best.  Ms. Best thanked the Council for the proclamation which will help increase community awareness of domestic violence.  Ms. Best stated that the current financial challenges faced by families have increased stress levels and violence.  Despite funding and staff reductions, they are committed to protecting victims and providing needed services. 

(#4.3) Presentation to Finance Division Manager Eva Phelps for the Government Financial Officers Association Excellence in Financial Reporting Award by Vice Mayor Hudson.

Vice Mayor Hudson presented the Award to Eva Phelps.  Ms. Phelps stated that the Award is based on a comprehensive annual financial report which includes more than 100 items.  The City has received this Award for five consecutive years.  Vice Mayor Hudson stated that he is proud of the Award’s recognition of the “City’s spirit of disclosure and readability” and that the Award is a credit to the Finance Department staff.  Cm. Perkins asked where residents can view City financial reports.  Ms. Phelps noted that the City’s budget and financial statements are available on the City website.

(#4.4) Recognition of John Roche (Muirlands Apartments), Guillermo Ochoa (Muirlands Apartments), Noelle Rhoads (Mill Creek Apartments) and Ramiro Cabrera (Mill Creek Apartments) for Providing Assistance to the San Ramon Police Department Through the Crime Free Multi Housing Program.  Presentation by Vice Mayor Hudson.

Police Chief Scott Holder provided a summary of the Crime Free Multi Housing (CFMH) program.  He noted that the collaborative effort is successful because of the willingness of the apartment managers and Police Department to work together.  Vice Mayor Hudson presented certificates of recognition to John Roche and Noelle Rhoads and thanked them for their contribution to the success of the CFMH program.

(#4.5) Recognition of Darlene Kittredge, Crime Prevention Specialist, as Employee of the Month for September 2009.  Presented by Vice Mayor Hudson.

Police Chief Scott Holder recognized Darlene Kittredge for her contributions to the City’s crime prevention program.  Through her efforts, 25 neighborhoods participated in the 2009 National Night Out program which promotes safe neighborhoods.  Vice Mayor Hudson presented Ms. Kittredge with a certificate and gold star and thanked her for a job well done.  Ms. Kittredge thanked the Council for this recognition and the Police Department staff for their assistance. 

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CITY COUNCIL APPOINTMENTS

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PUBLIC COMMENT

The City Clerk noted that there were no requests for public comment. 

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APPROVAL OF MINUTES

(#7.1) Minutes of the August 25, 2009 meeting.

Vice Mayor Hudson noted that there was a lack of voting quorum and continued approval of the August 25, 2009 City Council meeting minutes to the October 13, 2009 meeting.

(#7.2) Minutes of the September 4, 2009 meeting.

Cm. Livingstone’s motion to approve the September 4, 2009 City Council meeting minutes was seconded by Cm. Rowley and passed 4-0.  Mayor Wilson was absent. 

(#7.3) Minutes of the September 8, 2009 meeting.

Cm. Livingstone’s motion to approve the September 8, 2009 City Council meeting minutes was seconded by Cm. Perkins and passed 3-0.  Cm. Rowley abstained.  Mayor Wilson was absent. 

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CONSENT CALENDAR

Cm. Perkins requested that item 8.1 be held for comment.

 (#8.2) Minute Order No. 2009-40 – Authorizing the Expenditure of $60,000 to
Contra Costa County Office of the Sheriff for Forensic Services for Fiscal Year 2009/10.

(#8.3) Minute Order No. 2009-41 – Recommending the Expenditure of $65,000 with LPS Tactical and Personal Security Supply for Police Services Equipment.

(#8.4) Minute Order No. 2009-42 – Authorizing the Mayor to Execute an Agreement with Commerce Bank for the Control Pay Advanced Program.

(#8.5) Resolution No. 2009-146 - Accepting Certain Roadway, Drainage and Parcel Dedications and Improvements, Certain Public Utility and Staging Area Easements, and Certain Trail Improvements in Subdivision 8013 (The Oaks) for Maintenace, Authorizing the Mayor to Execute Quitclaim Documents Related to Westside Drive, and Releasing the Project Surety Bond (Toll Brothers).

(#8.6) Resolution No. 2009-147 – Accepting Certain Roadway Dedications, Easements and Improvements in Subdivision 8155 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.7) Resolution No. 2009-148 – Accepting Certain Roadway Dedications, Easements and Improvements in Subdivision 8156 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.8) Resolution No. 2009-149 – Accepting Certain Roadway Dedications, Easements and Improvements in Subdivision 8928 for Maintenance (Windemere BLC Land Development Co., LLC).

(#8.9) Resolution No. 2009-150 – Describing New Improvements and Proposing the Formation of Special Assessment Zone 19 within Landscaping and Lighting District No. 1984-1 and Ordering the District Engineer to Prepare and File an Engineer's Report.

(#8.10) Resolution No. 2009-151 – Approving the Landscaping and Lighting Special Assessment Zone 19 Engineer’s Report, Declaring the City’s Intention to Conduct Property Owner Assessment Ballot Proceedings, Authorizing the Mayor to Cast the Vote for City Owned Property and Setting a Public Hearing for November 10, 2009.

Cm. Perkins’ motion to approve items 8.2 through 8.10 was seconded by Cm. Livingstone and passed 4-0.  Mayor Wilson was absent. 

(#8.1) Register of Demands as presented by the City Treasurer (Period ending August 31, 2009).

Cm. Perkins informed residents that all City monthly expenditures are included in the Register of Demands which are reviewed and approved by the Council.  It is available on the City’s website.  He encouraged residents with questions to address the Council.

Cm. Perkins’ motion to approve item 8.1 was seconded by Cm. Rowley and passed 4-0.  Mayor Wilson was absent. 

* * * *

UNFINISHED BUSINESS

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NEW BUSINESS

(#10.1) Review and Comment on Restaurant Concept Presentation by Michael LeBlanc for the Mudd’s Property (APN 209-770-015).

City Manager Herb Moniz stated that the Redevelopment Agency acquired the Mudd’s facility last year.  Staff has looked at various possible options for the property.  Michael LeBlanc, owner of Pican’s restaurant in Oakland, has discussed with staff his interest in establishing a restaurant at the Mudd’s site.  Staff is requesting that the Council hear the report and provide direction concerning this restaurant concept.

Mr. LeBlanc presented his vision for a restaurant called Heritáge at the Mudd’s site.  The menu will be California infused Southern cuisine inspired by the sustainable garden.  He plans to make use of the gardens and provide a two story restaurant with conference facilities, porches, balconies, patio, country store, music, catering and special events.  While outlining his plans, he noted that the existing structure is in poor physical condition.  Bringing the building up to current building codes by remodeling would be cost prohibitive.  Tonya Bellusci, Bellusci Designs, provided a description of the proposed building design and floor plan.  Sample pictures of the exterior and interior were presented.  Ron Taylor, Terra Nova Industries, described some of the design challenges.  He noted that remodeling is more expensive than rebuilding.  Changes need to be made in the kitchen, utilities, restrooms, waste lines, and elevation irregularities.

Cm. Rowley asked Mr. LeBlanc about his background.  Mr. LeBlanc reviewed his education, his responsibilities working at Polaroid for 26 years, and his restaurant experience. 

Vice Mayor Hudson opened the public comment.

Roz Rogoff, resident, said she is disappointed with the proposal.  She stated that Mudd’s property should be preserved as a period piece and a City historic landmark.  She expressed dismay that no one from the San Ramon Historic Foundation was present.  She questioned why the City purchased the property.

Ross Paxton, resident, expressed concerns regarding the operating times, view obstruction, and noise when the project is completed.   

Vice Mayor Hudson closed the public comment.

Cm. Perkins asked if a restaurant could operate at the current Mudd’s property.  Mr. LeBlanc noted that the building does not comply with current codes.  It is difficult to serve the various restaurant areas from the current kitchen location.  Cm. Perkins questioned the size of the planned kitchen.  Mr. LeBlanc stated that the new kitchen would be 2½ to 3 times the size of the current kitchen.  Cm. Perkins asked about the ventilation.  Mr. LeBlanc stated that the current ceiling provides ventilation but it may not meet code.  Mr. Taylor noted that the current ceiling is an architectural statement but that it would not be conducive for a larger clientele.  Cm. Perkins asked about the bathrooms.  Mr. Taylor stated that the bathrooms are a problem because of their size and differences in elevation.  He enumerated some of the building’s existing problems.

Cm. Livingstone acknowledged Ms. Rogoff’s comments and stated that the current building would be extremely difficult to maintain.  He added that Mr. LeBlanc’s design was proposed after the City purchased the property.  He supports the proposal and believes that the project as proposed will be successful.  He expressed concern that the project would be “neighborhood friendly”.  He requested that the lease include language to restrict amplified outdoor noise after 10:00 p.m.  Mr. LeBlanc reported that he has had experience with noise abatement in his Oakland restaurant. 

Cm. Rowley stated that she did not realize how decrepit the building had become until she recently visited the property.  She noted that other options considered by the City have been eliminated because of their prohibitive cost.  She supports the proposal. 

Vice Mayor Hudson clarified that this is not a City proposal.  The City purchased the property in anticipation that a viable plan would be proposed.  He noted that the next step in the process is to develop financial information for the proposal.

Mr. LeBlanc stated that Mudd’s was a community icon which included the physical facility and gardens.  He believes that Heritáge will maintain and expand that psychological concept—green, sustainable, community—but in a new format.  Cm. Perkins added that Mudd’s was important but he is looking forward to creating a new landmark for San Ramon.  He supports the proposal.

City Manager Moniz stated that staff was aware that the kitchen would have to be replaced.  He believes that the site can serve a new purpose while retaining the original feeling.  The purpose of the presentation was to get public input and direction from the Council.  The next step is for Mr. LeBlanc to prepare financial plans.

Speaking for the Council, Vice Mayor Hudson said that the Council received the report and directed Mr. LeBlanc to proceed with more detailed plans and financial information.

* * * *

CITY MANAGER COMMENTS

City Manager Herb Moniz reported on the International City Managers Association Conference which he attended.  The majority of Conference sessions focused on economics.  He noted that the experts estimate that the nation’s economic recovery may not occur for a few years and will bring a new norm and different expectations.

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COUNCILMEMBER REPORTS

Cm. Rowley reported that she attended the League of California Cities Conference on September 18, 2009.  Based on one of the speaker’s guidelines, San Ramon is doing a good job utilizing a variety of communication options to make information available to its residents.  She attended the performance of “Virsky-The Ukranian National Dance Company” at the Dougherty Valley Performing Arts Center.  She reported that it was a wonderful show with incredible energy and pageantry provided by the dancers.  She encouraged residents to get information about the new Active Arts Children’s Theater series on the City’s website.

Cm. Livingstone reported that Lisa Campbell, a San Ramon resident and University of California Berkeley police officer, was recognized on September 21, 2009 for her part in the investigation which led to the location of kidnap victim Jaycee Dugard and her subsequent reunion with her family after 18 years.  He congratulated Ms. Campbell and noted that he is proud that she lives in San Ramon.  He invited residents to attend the San Ramon Rotary CarboLoad on October 10, 2009.  Funds raised at this event will be utilized in the community.

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MAYOR’S REPORTS AND COMMENTS

Vice Mayor Hudson stated that nighttime road striping is being conducted in sections of Dougherty Valley.  He reported that the Contra Costa Transportation Authority is reducing its budget.  He will continue to serve as Vice President for the County Connection.  He encouraged residents to attend the CVS/pharmacy LPGA Challenge which will be held on September 24-27, 2009.  He noted that San Ramon received an award for “Excellence in Communication” from GovDelivery at the League of California Cities Conference.

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At 8:56 p.m. the Council convened to Closed Session: (1) pursuant to Government Code §54956.9(a) Conference with Legal Counsel – Existing Litigation: Citizens for City Center Disclosure v. City of San Ramon; and (2) pursuant to Government Code §54956.8 for City Council to Meet with its Real Property Negotiators Herb Moniz and Marc Fontes Regarding APN 209-240-015 and 209-240-019.

At 9:47 p.m., Vice Mayor Hudson reconvened the meeting. All Council members except Mayor Wilson were present.  Vice Mayor Hudson reported that the Council met in Closed Session pursuant to Government Code §54956.9(a) Conference with Legal Counsel – Existing Litigation: Citizens for City Center Disclosure v. City of San Ramon.  No reportable action was taken by the Council.   Vice Mayor Hudson reported that the Council met in Closed Session pursuant to Government Code §54956.8 for City Council to Meet with its Real Property Negotiators Herb Moniz and Marc Fontes Regarding APN 209-240-015 and 209-240-019.  No reportable action was taken by the Council. 

At 9:49 p.m., there being no further business, Vice Mayor Hudson adjourned the meeting.

 

Signed:
H. Abram Wilson, Mayor
Patricia Edwards, City Clerk

Approved at the October 13, 2009 City Council meeting 3-0; Wilson abstain; Perkins absent.

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