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HomeMy WebLinkAboutCC Resolution 14178 (Ritter MOU)RESOLUTION NO. 14178 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE RITTER CENTER CONCERNING OPERATIONAL CHANGES AT THE RITTER CENTER PREMISES WHEREAS, the San Rafael City Council is committed to addressing the problems and impacts of homelessness in San Rafael by supporting homeless -related housing and service programs, primarily for those individuals and families who live in or are from Marin County, particularly San Rafael; and WHEREAS, the Ritter Center was established in the early 1980's to serve the needs of local low-income residents (including homeless residents and those at risk of becoming homeless) in San Rafael and Marin County. The Ritter Center currently provides a variety of services, including medical, mental health, case management, substance abuse, day, food pantry, shower, laundry, mail, and housing and rental assistance to low income and homeless people at real property commonly known as 12 and 16 Ritter Street, San Rafael, CA 94901; and WHEREAS, the Ritter Center has vested rights to operate at its present location, pursuant to the terms of a Conditional Use Permit; and WHEREAS, while the City and the public acknowledge the contributions of the Ritter Center to the health and well-being of many of the most vulnerable members of our community, at the same time, some members of the City's community perceive that in recent years, the population of homeless and near -homeless persons in Marin County generally, and in downtown San Rafael in particular, has significantly increased, and that the actions of some of the homeless and near -homeless persons in downtown San Rafael have caused adverse impacts to local residents, businesses, and visitors; and WHEREAS, the City has experienced significant development and redevelopment around the Ritter Center's premises since it opened, which has brought more residents, businesses and visitors into the surrounding neighborhood and has exacerbated the perceived adverse impacts arising from Ritter Center's intensified use of its premises and the actions of some of Ritter's clients in the surrounding community; and WHEREAS, it is the City's belief that certain changes in the services offered at the Ritter Center for those persons who use its services would mitigate such adverse impacts; and 1 WHEREAS, over the course of the last several months, representatives of the City, including City staff, Vice Mayor Colin, and Councilmember Bushey, have worked with representatives of the Ritter Center regarding potential operational changes at Ritter Center and to identify potential alternative sites for relocating some of Ritter Center's services, while preserving the availability and accessibility of those services for Ritter Center clients; and WHEREAS, cooperating in good faith, the City and the Ritter Center have now agreed upon a process to implement certain voluntary operational changes at the Ritter Center once comparable replacement services have been established at alternative locations, as described in the Memorandum of Understanding attached hereto as Exhibit A and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby approves and authorizes the Mayor, Vice Mayor Colin and Councilmember Bushey to execute the Memorandum of Understanding attached hereto as Exhibit A, subject to final approval as to form by the City Attorney. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 15th day of August, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, CITY CLERK 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into as of August 15, 2016 ("Effective Date") by and among the City of San Rafael (the "City"), a municipal corporation; Ritter Center ("Ritter"), a California non-profit corporation; and Richard Bottarini and Bonnie Bottarini (owners of 12 Ritter Street) and Leonard J. Nibbi and Janet L. Nibbi, Trustees of the Leonard J. Nibbi and Janet L. Nibbi Revocable Trust, and Alma Adda Brovelli, Trustee of the George E. and Alma Adda Brovelli Trust, and Karen M. Brovelli, Trustee of the Karen Marie Brovelli Revocable Trust (owners of 16 Ritter Street) (collectively "Owners"), (each, a "Party," collectively "Parties") with reference to the following matters. RECITALS A. Ritter Center was established in the early 1980s to serve the needs of local low- income residents (including homeless residents and those at risk of becoming homeless). Ritter currently provides a variety of services, including medical, mental health, case management, substance abuse, day, food pantry, shower, laundry, mail, and housing and rental assistance to low income and homeless people at real property commonly known as 12 and 16 Ritter Street, San Rafael, CA 94901 (the "Premises"), which is located in downtown San Rafael. Ritter leases the Premises from Owners (Ritter leases 12 Ritter Street from Richard Bottarini and Bonnie Bottarini; Ritter leases 16 Ritter Street from Leonard J. Nibbi and Janet L. Nibbi, Trustees of the Leonard J. Nibbi and Janet L. Nibbi Revocable Trust, Alma Adda Brovelli, Trustee of the George E. and Alma Adda Brovelli Trust, and Karen M. Brovelli, Trustee of the Karen Marie Brovelli Revocable Trust). Ritter currently operates pursuant to certain approvals issued by the City, including Conditional Use Permit UP13-030 ("CUP"), which was issued by the City in 2013. Ritter has rights to operate Ritter Center at the Premises pursuant to the terms of the CUP. B. Some members of the City's community perceive that (i) in recent years, the population of homeless and near -homeless persons in Marin County ("County") generally, and in downtown San Rafael in particular, has significantly increased, (ii) actions of some of the homeless and near -homeless persons in downtown San Rafael have caused adverse impacts to local residents, businesses, and visitors. It is the City's belief that changes in the services offered at Ritter Center for those persons who use its services ("Ritter Clients") could mitigate such adverse impacts. C. Over the course of the last several months, the City and Ritter have been discussing relocating some of the services offered at Ritter Center to other locations, while also preserving the availability and accessibility of those services for Ritter Clients. In addition, the City and Ritter have been cooperating in good faith to identify potential alternative sites for Ritter to relocate its facilities for serving Ritter Clients. D. Contemporaneously with the discussions referenced in the prior recital, the City held public hearings before the City Council regarding whether to modify or revoke the CUP based on, among other things, concerns expressed by members of the community that Ritter was causing or allowing nuisance conditions around the Premises. Ritter disputed these contentions Page 1 of 11 12574336.112573926.1 OAK #4845-2649-7842 v1 V"7-. 1 and asserted, inter glia, that Ritter was in full compliance with the CUP and that the City lacked proper legal grounds to modify or revoke Ritter's CUP. The City did not make any findings or decision to modify or revoke the CUP. E. Contemporaneously with the entry of this MOU, the City Council has publicly announced its suspension of such administrative proceedings in order to provide the Parties an opportunity to enter and implement this MOU. F. City staff has considered whether to recommend that the Planning Commission and the City Council consider a zoning change for the Premises to prohibit continued operation of the Ritter Center (after an amortization period), but neither City staff, the Planning Commission, nor the City Council have pursued such potential legislation. Ritter believes there is no legitimate basis to support a zoning change or other limitation of its rights under the CUP. G. At a duly noticed City Council meeting on June 6, 2016 (which included a duly noticed public hearing regarding Ritter's CUP), the City Council and Ritter representatives discussed the formation of a memorandum of understanding to address the City's and Ritter's interests in pursuing certain operational and locational changes regarding Ritter's services. The City Council directed City staff and counsel to pursue the drafting and entry of such a memorandum of understanding. H. The Parties have now agreed to a process to implement certain voluntary operational changes to Ritter's use of the Premises as described in this MOU, once comparable replacement services have been established at alternative locations. Replacement services must be accessible to the target population and be of similar or better quality and quantity — i.e. available during similar hours and be able to serve at least the same number of people, as set forth in this MOU. NOW THEREFORE, in consideration of the recitals hereof and the mutual covenants and agreement contained in the MOU, the parties agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this MOU as though set forth in full. 2. CONDITIONS AND TERMS FOR VOLUNTARY DISCONTINUATION OF CERTAIN PERMITTED SERVICES BY RITTER Provided that the conditions of Subsection (A) have been and remain satisfied, Ritter shall discontinue its provision of certain services on the Premises, on the replacement service terms set forth below in Subsection (B). Page 2 of 11 12574336.112573926.1 OAK #4845 2649-7842 v I A. Conditions Precedent. (i) The City has not, subsequent to the Effective Date, recommenced administrative proceedings regarding whether to modify or revoke the CUP (which administrative proceedings were suspended contemporaneously with the City Council's approval of this MOU, as discussed in the Recitals). While satisfaction of this condition (or written waiver by Ritter thereof) is a prerequisite to the triggering of Ritter's obligations in Subsection (B) below, the City reserves and retains its police power authority to recommence administrative actions to modify or revoke the CUP. In the event that the City recommences administrative actions to modify or revoke the CUP, Ritter Center shall have no further obligations under this MOU. (ii) The City has not, subsequent to the Effective Date, commenced any legislative proceedings to consider whether to change the zoning for the Premises to prohibit such uses of the Premises made by Ritter as of the Effective Date. In the event that the City commences legislative proceedings to consider rezoning to prohibit any such use of the Premises, Ritter Center shall have no further obligations under this MOU. B. Replacement Service Terms. This Section 2(B) addresses rights and obligations with respect to replacement services, once third party providers have commenced providing certain services Ritter now provides, as follows (see Section 3, below, regarding the process for identifying such providers, among other things): (i) Food Pantry. Within 30 days of the date on which a third party commences providing (or two or more third parties commence providing), in a location mutually agreeable to the City and Ritter, no fewer than 90 meal portions per week (in the aggregate and collectively) in a reasonably comparable manner as Ritter's existing program to individuals without access to indoor cooking facilities, Ritter shall stop providing food pantry services to individuals without access to indoor cooking facilities at the Premises (and shall not resume providing such services at the Premises, except as provided in Section 5 below). For purposes of this provision, Ritter will use good faith efforts to determine those Ritter Clients who are homeless. Nothing in this Section 2(B) affects Ritter's right to provide food pantry services at the Premises to individuals and/or families with access to indoor cooking facilities. However, Ritter will provide information and meet and confer with the City with respect to food pantry services for housed individuals and/or families as discussed in Section 3. Ritter emphasizes that the best practice is to provide food pantry service for residents with access to cooking facilities co -located with benefit enrollment for Cal Fresh and Medi -Cal. (ii) Mail Services. Within 30 days of the provision, by a third party (or two or more third parties), of mailboxes or facilities capable of receiving mail for at least 150 Ritter Clients (in the aggregate and collectively) in a reasonably comparable manner as currently provided by Ritter, Ritter shall stop providing Page 3 of 11 12574336.112573926.1 OAK #4845-2649-7842 v l mail services to Ritter Clients at the Premises (and shall not resume providing such services at the Premises, except as provided in Section 5 below). (iii) Shower and Laundry Services. Within 30 days of the provision, by a third party (or two or more third parties), of shower and laundry services (mobile or stationary), in a reasonably comparable manner as currently provided by Ritter, Ritter shall stop providing shower and laundry services at the Premises (and shall not resume providing such services at the Premises, except as provided in Section 5 below). 3. CITY-RITTER COOPERATION TO IMPLEMENT SECTION 2 A. Tasks and Timing for Implementing Section 2. The City and Ritter shall cooperate in good faith to implement Section 2(B) in a timely manner, with the understanding that (1) the City will take the lead in this regard and (2) Ritter will, acting in good faith, provide informational support and take such actions as are reasonably necessary to assist with the transition of these services. To that end, the City and Ritter shall cooperate to meet the following deadlines with the understanding that the City will be responsible for arranging for the establishment of the replacement services and Ritter will be responsible for transitioning services once replacement services are established: (i) Identification of Third Partv Providers. The City and Ritter shall reasonably cooperate to identify third parties (including other non-profit organizations and the County) capable of providing each of the services described in Section 2(B). The City shall create a list of potential third party providers for each of the three services identified in Section 2(B) using informational support provided by Ritter by late September 2016. (a) The individuals from the City who are primarily responsible for implementation of this task with respect to the food pantry and mail services (sections 2(B)(i) and 2(13)(ii)) are as follows: The City Manager (currently, Jim Schutz) and the City's Homeless Services Coordinator (currently Andrew Hening), who will take the lead on behalf of the Parties with respect to food pantry and mail services. Ritter's Executive Director (currently Cia Byrnes) will cooperate in good faith with support for these efforts. (b) The individuals from the City who are primarily responsible for implementation of this task with respect to the shower and laundry services (section 2(B)(iii)) are as follows: the City Manager (currently, Jim Schutz) and the City's Homeless Services Coordinator (currently Andrew Hening) who will take the lead on behalf of the Parties with respect to shower and laundry services. Ritter's Executive Director (currently Cia Byrnes) will cooperate in good faith with support for these efforts. Page 4 of 11 12574336.112573926.1 OAK #4845-2649-7842 v I I (ii) Necotiation with Third Partv Providers. The City shall contact and, with Ritter's input (including providing relevant information regarding the service(s) provided by Ritter and the target population for such services), negotiate the terms of agreement(s) and/or arrangement(s) with third parties capable of providing each of the services described in Section 2(B). The City shall have contacted and have made good faith efforts to commence negotiations with such third party providers by mid-October 2016. The individuals from the City who are primarily responsible for implementation of this task are as provided for in section 3(A)(i), subdivisions (a) and (b). (iii) Commencement of Third Partv Services. The City, with good faith assistance and support from Ritter, shall use good faith, commercially reasonable efforts to cause one or more third party service providers to commence providing the services described in Section 2(B)(i) by early January 2017, Section 2(B)(ii) by early January 2017, and Section 2(B)(iii) by early July 2017. The individuals from the City who are primarily responsible for implementation and individuals from Ritter primarily responsible for the transition of this task are as provided for in section 3(A)(i), subdivisions (a) and (b). B. Food Pantry Services Information and Consideration. Ritter will promptly provide, to the City, data and information reasonably requested by the City regarding the jurisdictions from which Ritter's housed and homeless clients come to receive food pantry services (though disclosure to the City of individuals' names and precise street addresses will not be required), so that the City can better understand the scope, nature, and capacities of Ritter's current food pantry operations (for housed and homeless clients alike). 4. RELOCATION OF RITTER CENTER'S REMAINING SERVICES A. Identification of a Relocation Site. The City and Ritter will continue to cooperate in good faith to identify other suitable premises in Marin County, both inside and outside the City's jurisdictional limits, where Ritter Center can potentially relocate (for the continuation of the services Ritter Center has continued to provide as of that time) ("Potential Relocation Site"). This provision does not obligate Ritter to relocate from the Premises. B. Land Use Review. The City will process in good faith any application by Ritter and potential co -tenants for entitlements (e.g., a use permit) for a Potential Relocation Site within the City's jurisdiction. 5. RESERVATION OF RIGHTS A. Resumption of Services. If a third party or parties discontinue the provision of the services identified in Section 2(B) beyond the cure period identified in Section 7, and Ritter has continued to provide any services at the Premises (e.g., it has not completely relocated pursuant to Section 4), Ritter shall be entitled to immediately begin providing such services on the Premises consistent with the CUP. Page 5 of 11 12574336.112573926.1 OAK #4845-2649-7842 v 11 B. No Abandonment. Ritter's voluntary cessation of activities authorized under the CUP pursuant to the terms of this MOU shall not constitute an abandonment of the CUP by Ritter or Owners, or any of the rights or privileges granted by the City to Ritter or Owners thereunder. C. Reservation of Autonomv. Ritter reserves the right to retain autonomy over its business, services, structure, operations, and governance. 6. LANDLORD'S AGREEMENT TO COOPERATE AND NOT TO REPLACE RELOCATED SERVICES ON THE PREMISES Owners will not impede the City's and/or Ritter's efforts to implement this MOU and otherwise have no obligations under this MOU. 7. DEFAULTS AND REMEDIES Failure by any Party to comply with its enumerated obligations shall constitute an event of default hereunder. The non -defaulting Party or Parties shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If such default remains uncured 30 days after receipt by the defaulting Party of such notice, the non -defaulting Party may exercise the remedies set forth in this Section 7. A. Ritter's Default. Ritter's failure to comply with Section 2(B), Section 3 or Section 4(A) shall constitute a default and breach of this MOU by Ritter. The City shall give written notice of a default to Ritter, specifying the nature of the default and the required action to cure the default. If such default remains uncured 30 days after receipt by Ritter of such notice, the City may exercise the remedies set forth in Section 7(D). B. Citv's Default. The City's failure to comply with Section 3 or Section 4, shall constitute a default and breach of this MOU by the City. Ritter shall give written notice of a default to the City, specifying the nature of the default and the required action to cure the default. If such default remains uncured 30 days after receipt by the City of such notice, Ritter and/or Owners may exercise the remedies set forth in Section 7(E). C. JINTENTIONALLY OMITTEDI D. Exclusive Remedies for Ritter's Default. In the event of an uncured default by Ritter, the sole and exclusive remedy shall be to file suit for specific performance to enforce this MOU. E. Exclusive Remedies for the Citv's Default. In the event of an uncured default by the City, the sole and exclusive remedies shall be (i) to resume operations at the Premises consistent with the terms of the CUP and (ii) to file suit for specific performance to enforce this MOU. F. JINTENTIONALLY OMITTED] Page 6 of 11 12574336.112573926.1 OAK #4845 2649-7842 v1 I G. No Damaaes. None of the Parties shall have any liability to the others for damages or otherwise for any default, nor shall the Parties have any other claims with respect to performance or non-performance by the other Party under this MOU. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 8. MISCELLANEOUS A. Notices. All notices under this MOU shall be in writing, shall be effective upon delivery by an express delivery service which shall show the location and the delivery date and shall be addressed as follows: Ritter: Ritter Center 16 Ritter Street, P.O. Box 3517 San Rafael, CA 94912 Attn: Cia Byrnes, Executive Director Tel: (415) 457-8182 City: City Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Attn: City Manager Tel: (415) 485-3070 Owners: Reeardine 12 Ritter St. (APN 011-272-12) Richard Bottarini Bonnie Bottarini 806 University Street Healdsburg, CA 95448-3749 Reeardine 16 Ritter Street (APN 011-272-04) Reeardine 16 Ritter Street (APN 011-272-04) Leonard J Nibbi and Janet L Nibbi, Trustees Karen M. Brovelli, Trustee of the Karen Marie Leonard J. Nibbi and Janet L. Nibbi Brovelli Revocable Trust Revocable Trust 1012 Los Gamos Rd., Apt. F 1182 Lea Drive San Rafael, CA 94903 Novato, CA 94945-3356 Alma Adda Brovelli, Trustee of the George E. and Alma Adda Brovelli Trust c/o Drakes Terrace, 275 Los Ranchitos Rd., Apt. 105 San Rafael, CA 94903 All notices shall be deemed effective on the earliest of (i) actual receipt; or (ii) rejection of delivery. Page 7 of 11 l 2574336.112573926.1 OAK #4845-2649-7842 v I I B. Binding Effect. This MOU shall inure to and bind the parties, their respective representatives, successors and permitted assigns. C. Counterparts. This MOU may be executed in counterparts, all of which taken together shall be deemed one original agreement. Photocopies or facsimiles shall constitute good evidence of such execution. D. Captions. Section, titles, or captions in no way define, limit, extend or describe the scope of this MOU or the intent of any of its provisions, and are for convenience of reference only. E. Governing Law. This MOU shall be construed in accordance with and be governed by the provisions of the laws of the State of California. F. Advice of Counsel. The Parties have received or have had the opportunity to receive independent legal advice with respect to the advisability of entering into this MOU. G. Construction of MOU. Each Party has cooperated in the drafting and preparation of this MOU and, accordingly, this MOU shall not be construed against any party as the drafter hereof. H. Waiver. No waiver of any right under this MOU shall be deemed effective unless contained in writing signed by the party charged with the waiver. No waiver of any breach or any failure to perform shall be deemed to be a waiver of any future breach or failure to perform or of any other right arising under this MOU. I. Entire Agreement. This MOU between the Parties sets forth the entire agreement of the parties and this MOU may not be modified except in writing signed by authorized signatories of the City, Ritter, and Owners. Notwithstanding this MOU, the CUP for the Premises remains in full force and effect. J. No Third Partv Beneficiaries. The Parties acknowledge and agree that there are no intended or unintended third party beneficiaries of this MOU. [Signatures on following pages] Page 8 of 11 12574336.112573926.1 OAK #4845-2649-7842 v l IN WITNESS WHEREOF, the parties hereto have executed this MOU on the date first written above. CITYOF SA RATsMayor municipal corporation By:Gary . P it By: /t��61 Kate Colin, Vice -Mayor By: --/)f f� c Maribeth Bushey, Councilmember By: W _ Jim chutz, Ci nager ATTEST: By: /ZS/ e a • �1z� Esther C. Beirne, City Clerk APPROVED AS TO FORM: By: L Q t_uL; 47-L P_%_ Rob Epstein, City Attorney' V [Ritter's and Owners' signatures on following pages] Page 9 of 11 12574336.112573926.1 OAK #4845-2649-7842 v I 1 THE RITTER CENTER, a California non-profit corporation By: Ci s, iv D" By: Bob ock , Pr sent, boar o irectors [Owners' signatures on following page] Page 10 of 11 12574336.112573926.1 OAK 44845-2649-7542 v 11 06095.0009 By- � By: Richard Bottanniv Bonnie Bottarini, Owner of 12 Ritter Street Owner of 12 Ritter Street Executed and entered for the sole purpose Executed and entered for the sole purpose of Section 6, which sets forth the Owners' of Section 6, which sets forth the Owners' only obligations under this MOU. only obligations under this MOU. By: By: Leonard J. Nibbi, Trustee of the Leonard J. Janet L. Nibbi, Trustee of the Leonard J. Nibbi and Janet L. Nibbi Revocable Trust, Nibbi and Janet L. Nibbi Revocable Trust, Owner of 16 Ritter Street Owner of 16 Ritter Street Executed and entered for the sole purpose Executed and entered for the sole purpose of Section 6, which sets forth the Owners' of Section 6, which sets forth the Owners' only obligations under this MOU. only obligations under this MOU. By: By: Karen M. Brovelli, Trustee of the Karen Alma Addax Brovelli, Trustee of the Marie Brovelli Revocable Trust, Karen Marie Brovelli Revocable Trust, Owner of 16 Ritter Street Owner of 16 Ritter Street Executed and entered for the sole purpose Executed and entered for the sole purpose of Section 6, which sets forth the Owners' of Section 6, which sets forth the Owners' only obligations under this MOU. only obligations under this MOU. Page 11 of 11 12574336.112573926.1 OAK #4845-2649-7842 vl 1 06095-0009 OWNERS: LIM By: Richard Bottarini, Owner of 12 Ritter Street Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOU. Leonard J. Nibbi, Trustee of the Leonard J Nibbi and Janet L. Nibbi Revocable Trust, Owner of 16 Ritter Street Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOU. By: Karen M. Brovelli, Trustee of the Karen Marie Brovelli Revocable Trust, Owner of 16 Ritter Street Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOU. 12574336.112573926.1 OAK 44845-2649-7842 vl 1 0-0 Bonnie Bottarini, Owner of 12 Ritter Street Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOU. By:L Janet L. Nibbi, Trustee of the Leonard J. Nibbi and Janet L. Nibbi Revocable Trust, Owner of 16 Ritter Street Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOU. By: s 1,7/a11il �_L6trj- ; Alma Adda Brovelli, Trustee of the George E. and Alma Adda Brovelli Trust, Owner of 16 Ritter Street Page 11 of 11 Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOU.