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MINUTES OF THE
CITY OF SAN RAMON – REDEVELOPMENT AGENCY

September 25, 2012

A regular meeting of the Successor Agency of the City of San Ramon was held on September 25, 2012 at 6:47 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Chair Clarkson presiding. 
PRESENT:  Agency Members Hudson, O’Loane, Perkins, Vice Chair Livingstone (late), and Chair Clarkson.
STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, and City Clerk Patricia Edwards.

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PLEDGE OF ALLEGIANCE

Jim Gibbon led those present in the pledge of allegiance. 

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ANNOUNCEMENTS

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

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PUBLIC COMMENT

Jim Gibbon, resident, informed the Agency that he plans to apply for a California Historic Landmark designation for the Mudd’s Restaurant and Crow Canyon Gardens (CCG).  He stated that, as part of the application process, he needs written support from the City Council as they are the property owners.  He noted that Mudd’s is significant and holds a unique place in California because of its building design and the operation of a sustainable and organic operation.  It was one of the first restaurants in California to start a new way of cooking and utilized the vegetables grown on the property.  CCG was part of Mudd’s Restaurant.  It needs to be commemorated, recognized as a landmark, and preserved.  He asked the Agency to consider supporting the application.

Chair Clarkson asked Mr. Gibbon to submit his request in writing.  Mbr. Perkins asked who owns Mudd’s.  City Manager Greg Rogers stated that the Redevelopment Agency has the title to the property which is managed by the Successor Agency (SA) and subject to the decisions of the Oversight Board (OB).  The Department of Finance has final approval.  He clarified that the City does not own Mudd’s and has no jurisdiction over the property.  Mbr. Perkins asked who would sign the application as the controlling agency.  Interim City Attorney Bob Saxe stated that the SA cannot take action on a Public Comment item and will address this item later.

Roz Rogoff, resident, stated that there is an “escape clause” in Health and Safety Code Section 34177 regarding the disposal of Redevelopment Agency assets.  It states that: “(e) Dispose of assets and properties of the former redevelopment agency as directed by the oversight board; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of certain assets pursuant to subdivision (a) ofSection 34181.”  Section 34181 (a) states that: “Dispose of all assets and properties of the former redevelopment agency; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose such as roads, school buildings, parks, police and fire stations, libraries, and local agency administrative buildings, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset.”  She stated that it is very clear in the original purchase agreement that the building was purchased as an expansion of the CCG and intended to be part of the CCG park.  She also referenced a letter written by former Parks and Community Services Director Jeff Eorio.  She requested a legal opinion.  She quoted another section of the Code which states “the requirements specified in subdivision e of Section 34177 and subdivision a of Section 34181 shall be suspended except as those provisions apply to the transfer for governmental use until the Department of Finance has approved a long range property management plan pursuant to subdivision (b) of Section 34191.5 at which point the plan shall govern and supersede all other provisions relating to the disposition and use of real property assets of the former Redevelopment Agency.”  She stated that if the SA is willing to take back the property and, if the property qualifies under the Code, the SA has to have a long range development plan.  She suggested that the SA accept the proposal from Mr. Larson for a day care and nature center.  This would preserve the site without funding or work on the SA’s behalf.

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APPROVAL OF MINUTES

(#5.1) Minutes of the July 24, 2012 regular meeting.

Mbr. Perkins’ motion to adopt the July 24, 2012 regular Successor Agency minutes was seconded by Vice Chair Livingstone and passed 5-0.

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CONSENT CALENDAR

(#6.1) Resolution No. SA 2012-008 – Approving the Use of Burr, Pilger, Mayer (BPM) Auditors  to  Perform the Successor Agency’s Due Diligence Review Process Pursuant to Health & Safety Code Section 34179.5 in an Amount Not to Exceed $25,000.

(#6.2) Resolution No. SA 2012-009 – Authorizing a Contract with Mr. Craig Labadie to Provide Legal Services to the Oversight Board in Accordance with the Provisions of Health and Safety Code Section 34179(n).

Mbr. Hudson’s motion to adopt Resolution Nos. SA 2012-008 and 2012-009 was seconded by Vice Chair Livingstone and passed 5-0.

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UNFINISHED BUSINESS

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NEW BUSINESS

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PUBLIC COMMENT

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ADJOURNMENT

At 7:00 p.m., there being no further business, Chair Clarkson adjourned the meeting.

Bill Clarkson, Chair
Patricia Edwards, Agency Secretary

Approved at the October 9, 2012 Successor Agency meeting 3-0-2-0; Livingstone and O'Loane absent.

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