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March 27, 2012

A regular meeting of the Successor Agency of the City of San Ramon was held March 27, 2012 at 6:15 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Chair Clarkson presiding. 
PRESENT:  Agency Members Hudson, Perkins, Vice Chair Livingstone, and Chair Clarkson.
ABSENT:  Agency Member O’Loane.

STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, Economic Development Director Marc Fontes, and City Clerk Patricia Edwards.

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Economic Development Director Fontes led those present in the pledge of allegiance. 

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The City Clerk noted that there were no changes to the agenda. 

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(#8.1A) Resolution No. SA 2012-001 – Adopting an Enforceable Obligations Payment Schedule in Accordance with Health and Safety Code Section 34177(a).

(#8.1B) Resolution No. SA 2012-002 – Adopting Recognized Obligation Payment Schedules in accordance with Health and Safety Code Section 34177(l).

(#8.1C) Resolution No. SA 2012-003 – Directing the City Manager to Coordinate the Formation of the Oversight Board for the Successor Agency.

Economic Development Director Fontes explained that the first order of business for the Successor Agency (SA) is the formation of the Oversight Board (OB) for the Agency and the resolutions relating to the Enforceable Obligations Payment Schedule (EOPS) and the Recognized Obligation Payment Schedules (ROPS).  He stated that the following OB appointments have been made:  Fire Chief Richard Price as the special district representative; and Gary Black, the San Ramon Valley Unified School District Business Manager, as the representative for the County Board of Education.  Mr. Fontes stated that the OB must meet and take action on the ROPS no later than April 15, 2012.  The SA is required to adopt a ROPS for each six-month fiscal period of January 1 through June 30 and July 1 through December31.  The ROPS function as the SA’s claim for tax increment to pay enforceable obligations.  The ROPS list the outstanding obligations of the former Redevelopment Agency and the months during which payments for those obligations are required.  Mbr. Perkins asked if the ROPS is provided to the SA and then to the OB.  Mr. Fontes stated that this is the correct process and then the ROPS is provided to the County and to the State Department of Finance. 

There were no public comments on item 8.1.

Mbr. Hudson’s motion to adopt Resolution No. SA 2012-001 was seconded by Vice Chair Livingstone and passed 4-0-1-0.  Mbr. O’Loane was absent.

Mbr. Hudson’s motion to adopt Resolution No. SA 2012-002 was seconded by Vice Chair Livingstone and passed 4-0-1-0.  Mbr. O’Loane was absent.

Mbr. Hudson’s motion to adopt Resolution No. SA 2012-003 was seconded by Vice Chair Livingstone and passed 4-0-1-0.  Mbr. O’Loane was absent.

(#8.2) Resolution No. SA 2012-004 – Referring the Request from Michael LeBlanc to Extend the Proof of Financing Deadline in the Disposition & Development Agreement Deadline by 90 Days for the Redevelopment of the Mudd’s Property Located at 10 Boardwalk Place (APN: 209-770-015-3) to the Oversight Board.

Economic Development Director Fontes provided the staff report.  The former Redevelopment Agency has an existing Disposition and Development Agreement (DDA) with Michael LeBlanc.  That Agreement had a performance deadline of February 28, 2012 for proof of financing to move forward with the project.  Mr. LeBlanc did not provide proof of financing but instead submitted a letter requesting a 90 day extension of that DDA performance obligation.  Staff recommends that the SA forward the extension request to the OB which has approval authority for all changes to existing contracts related to the former San Ramon Redevelopment Agency.  Mr. Fontes reviewed the establishment and responsibilities of the SA and OB.  Interim City Attorney Bob Saxe stated that the OB has a fiduciary role to the taxing agency and to the bond holders.  The SA does not have a fiduciary relationship to the taxing authority.  Mbr. Perkins asked if the City Attorney will attend the OB meeting.  Mr. Saxe responded that he is concerned about the potential conflict if the City Attorney represents both the SA and the City.  Mbr. Perkins asked what legal counsel will be provided to the OB.  Mr. Fontes stated that the costs for independent legal counsel or other consultant costs which may be required by the OB will be included in the ROPS as this is not a cost to the SA.  Mbr. Perkins asked if costs for legal counsel are included in the ROPS which will be reviewed by the OB.  Mr. Fontes stated that legal costs have been included in the ROPS for the SA but not for the OB.  Mbr. Perkins expressed concern about this situation.  Mr. Fontes stated that this item could be discussed at the first OB meeting.  These costs would need to be paid out of the fund which is administered by the county.  Mbr. Perkins asked if the OB can amend the ROPS.  Mr. Fontes stated that it can.  City Manager Rogers stated that the first OB meeting will be limited to organization and approving the ROPS.  The OB can direct staff to identify an attorney for future needs.  Mbr. Perkins requested staff to prepare an estimate of potential legal costs to present to the OB so that the ROPS can be amended prior to being forwarded to the state.

Chair Clarkson opened the public comment.

Roz Rogoff, resident, provided information regarding the Mudd’s property to the SA.  She asked if the SA can make a recommendation prior to submitting Mr. LeBlanc’s request to the OB.  She requested that the Mudd’s building be preserved.  She believes that Mr. LeBlanc should reduce his plans in order to maintain Mudd’s foot print and retain the building.  She suggested that the original building could be taken over by the community college district and utilized for educational purposes.  She asked what happens to the bond issue funding of $215,000 designated for the building’s cosmetic restoration.  She questioned what will become of the $500,000 included in the DDA for site preparation.  She recommended that these funds be given to the agency that is willing to take over the building, repair it, and use it as it should be used.     Jim Gibbon, resident, provided a letter to the SA requesting that the Crow Canyon Institute (CCI) be substituted for Mr. LeBlanc in the DDA extension request.  He noted that the CCI maintained the gardens for 12 years while Mudd’s Restaurant was active.  He stated that Resolution RDA 2008-021 authorized the purchase of the building.  He added that this Resolution started the process of the Crow Canyon Master Plan to upgrade the gardens and incorporate the restaurant into the gardens as a nature center.  He proposed that the DDA be modified to process the original intent of buying the building and making it part of the park.  He recommended that the Mudd’s property zoning be changed from community commercial to park and incorporated into one master plan.  The 90 day extension would provide CCI with enough time to develop a business plan and a financial plan to make the property part of the park.  He stated that the restaurant interior is in fine shape but needs a new floor.  He noted that the building’s original design, the bathrooms, and the Fireside banquet Room are ADA compliant.  The building was designed to be energy efficient.  He suggested that the SA has the right to pass this request on to the OB and to change the agreement because Mr. LeBlanc has not provided the required financials.  He believes that the CCI and other nonprofits can work together to maintain, upgrade, and run the site.  He asked the SA to consider this information and allow the nonprofits to preserve the building as he does not believe that the City has the resources to maintain it. Mbr. Perkins asked if the CCI has a current contract with the City.  Mr. Gibbon stated that he was not sure but thought the last contract was in 2004.  He stated that the CCI is still active, has its 501 C 3 nonprofit status, and needs a Board of Directors.  Vice Chair Livingstone asked if the SA has the ability to remove Mr. LeBlanc from the DDA and install another party.  Interim City Attorney Saxe responded that he did not think so.  He stated that Mr. LeBlanc’s agreement went through February 28, 2012.  His extension request was dated February 24, 2012 and within his contract period.  The request came to the Redevelopment Agency when it was no longer in existence.  Mr. Saxe added that the SA has an obligation to pass the request to the OB which has not yet been established.  The SA does not have the authority to unilaterally change the names on the agreement.  Mbr. Perkins asked if the City has received any correspondence from the CCI.  Vice Chair Livingstone noted that the City had many issues with the CCI.  Mr. Gibbon asked if the SA has the ability to forward Mr. LeBlanc’s request.  Mbr. Hudson stated that, after the elimination of Redevelopment, the OB has approval authority for all changes to existing contracts related to the former San Ramon Redevelopment Agency.  Mr. Gibbon stated that he would forward his information to the OB.    Mbr. Perkins’ motion to adopt Resolution No. SA 2012-004 was seconded by Vice Chair Livingstone and passed 4-0-1-0.  Mbr. O’Loane was absent.

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At 6:53 p.m., there being no further business, Chair Clarkson adjourned the meeting.


Scott Perkins , Chair
Patricia Edwards, Agency Secretary

Approved at the May 8, 2012 Successor Agency meeting 4-0-1; O'Loane abstain.

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