Loading...
HomeMy WebLinkAboutCC Resolution 8828 (St. Vincents Property)RESOLUTION NO. 8828 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A GRANT AGREEMENT FOR PARTIAL FUNDING OF THE ST. VINCENTS/SILVEIRA PROPERTY LAND USE COMPETITION (ACCEPTING $36,900) WHEREAS, the City Council approved a work program and funding for the St. Vincent's/ Silveira Study on April 20, 1992; and WHEREAS, the work program included a land use/design alternatives competition; and WHEREAS, the St. Vincent's/ Silveira Advisory Committee desired that the competition be a widely publicized, well run national competition in order to elicit high quality ideas regarding site opportunities for land uses ; and WHEREAS, it became evident to staff, consultant and the Committee that existing funds for such a competition were marginal; and WHEREAS, the City, EAH and St. Vincent's therefore applied for additional grant monies to adequately fund the competition from Marin Community Foundation; and WHEREAS, Marin Community Foundation approved the $36,900 grant request as submitted on January 22, 1993. NOW THEREFORE BE IT RESOLVED, the City Council hereby authorizes the Mayor to sign the Marin Community Foundation Grant Agreement accepting the funds. I, JEANNE M. LEONCINI, 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 Council of said City on Tuesday, the 16th day of February, 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & P4ayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen -:1Z3, JEA M. LEONCINI, City Clerk ORIGINAL g007;3 Marin Community Foundation C01%1,1,� FUND p 17 East Sir Francis Drake Blvd, Ste. 200 l GRANT #Blick Larkspur, CA 94939 1 #92-311 OFFICER and�? AREA Hodges ('(',% D ��� L_. Grantee: City of San Rafael/E.A.H. Address: 1400 Fifth Avenue, P.O. Box 151560 San Rafael, CA 94915 Telephone: 459-2242 Contact Person: Robert Pendoley Title:City Planning Director Fiscal Agent (if other than Grantee): same as above Address: Telephone: Contact Person: Title: TERMS AND CONDITIONS OF GRANT: The following terms and conditions must be met by the above named Grantee ("Grantee") in order to receive the grant that has been awarded. If and when the Grantee fails to meet any of these terms and conditions, the Marin Community Foundation ("Foundation") may withdraw its award and terminate this Grant Agreement ("Agreement') and shall thereupon have no further obligation to disburse to Grantee any remaining unpaid grant funds, and may further require repayment of any grant funds which were not used in accordance with the terms of the Agreement, including the grant purpose and objectives set forth in this Agreement. In addition, the Foundation shall have all other rights available at law against the Grantee arising out of a breach of this Agreement. I. Grant Purpose To partially fund the costs of a predevelopment study including Land Use/Design Competition for the 1,200 acre St. Vincent's/Silveira properties. 2. General Terms Name of Project Grant No. Fund Grant Amount Date Approved Grant Period Marin Community Foundation St. Vincent/Silveira Grant #92-311 BUCK $35,900 January 22, 1993 12 mos. 1/1/93-12/31/93 Page I of 4 Grant Agreement Rev. 1/91 E Payment Schedule $25,000 payable February, 1993 $10,900 payable April, 1993 Project Review Reports Semi-annual report due 7/31/93 covering period 1/1/93-6/30/93 Final report due 1/31/94 covering period 1/1/93-12/31/93 3. Attachments A. If the amount awarded is the same as the amount requested , project objectives ("Project Objectives") and a project budget ("Project Budget") are attached to this agreement and are incorporated herein. B. If the grant award differs from the grant request, before the release of any payment on the grant the Grantee must submit revised Project Objectives and a Project Budget that are acceptable to the Foundation in its sole discretion. Should the Grantee fail to submit acceptable Project Objectives and Project Budget within 60 days of written notification of the grant award, the Foundation may at its discretion withdraw its grant award. If a fiscal agent is involved, before the release of any payment on the grant the Grantee must submit a copy of the memorandum of understanding between the Grantee and the fiscal agent that is acceptable to the Foundation in its sole discretion, which will be attached to this agreement and incorporated herein. 4. Special Conditions N/A Marin Community Foundation Page 2 of 4 Grant Agreement Rev. 1/91 5. Hold Harmless Agreement The Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Foundation, its officers, directors, trustees, employees, and agents, from and against any and all claims, liabilities, losses and expenses (including reasonable attorneys' fees) directly, indirectly, wholly or partially arising from or in connection with such grant, the application of the funds furnished pursuant to such grant, the program or project funded or financed by such grant, or in any way relating to the subject matter of this Agreement This paragraph shall survive the termination of this Agreement 6. Public Acknowledgemnet The Grantee agrees to credit the•Foundation in publications, press releases, brochures, videotapes, and other publicity or public relations materials and presentations resulting from the use of these funds or developed for activites authorized under this grant- The rantThe Grantee also agrees to credit the Foundation when any program or project results in a service, product, performance, or other tangible outcome made possible because of this grant The Foundation's Communications Officer is available to advise the Grantee on public information activites. 7. Nondiscrimination The Grantee agrees that, in the performance of this Agreement, it will not unlawfully discriminate in its employment practices, volunteer opportunities, or the delivery of programs or services, on the basis of race, color, religion, gender, national origin, ancestry, age, medical condition, handicap, veteran status, marital status, sexual orientation, or any other characteristic protected by law. 8. Handicapped Access Grantee shall make reasonable efforts to make the programs and facilities which are used for client services provided under the terms of this Agreement physically accessible to handicapped and disabled persons. 9. Project Objectives, Budget, and Use of Funds Funds must be used by the Grantee strictly in accordance with the terms of this Agreement, including the grant purpose set forth in Paragraph I, and the Project Objectives and Project Budget except that the Grantee may, without prior Foundation approval, make adjustments of up to 10% of the agreed grant allocations within personnel line items or within nonpersonnel line items, but not between personnel and nonpersonnel line items. 10. Access to and Use of Project Information The Grantee agrees to provide the Foundation with full access, except to the extent specifically prohibited by applicable law, to any and all information developed in connection with or arising from the activites funded by this grant The Grantee authorizes the Foundation to use, reproduce or publish, free of any charge or royalty, and to authorize others to use, reproduce, or publish, free of any charge or royalty, any and all such information, including but not limited to reports, budgets, copyrighted materials, or other data. The Foundation agrees to properly attribute authorship in the use, reproduction, or publication of any information developed with these grant funds, and further agrees to include copyright notice, in any of its publications, of any copyrighted material. 11. Project Review and Evaluation The Grantee agrees that the Foundation may review and/or evaluate the project funded by this grant This may include visits by representatives or agents of the Foundation to observe the Grantee's project operations; to review project data, financial records, or corporate records; and to discuss the project with the Grantee's staff or governing board. At all times during the Agreement, Grantee or its fiscal agent shall accurately maintain all books of account, records and documents of every kind in which all matters relating to the project funded by the grant, including all income, expenditures, assets, and liabilities thereof, shall be entered. Grantee shall keep all such records for at least four years after completion of the use of the grant funds. The Foundation shall have the absolute right at any reasonable time to inspect and copy any of these materials, except to the extent specifically prohibited by applicable law. 12. Reports and Audits The Grantee agrees to submit to the Foundation periodic project review reports and a final report, including narrative information and full financial accounting of the expenditure of these grants funds, according to the report schedule set forth in Paragraph 2 of this Agreement All such reports shall become the property of the Foundation. Forms and guidelines for the reports will be provided by the Foundation. Any payments scheduled for release subsequent to the due date of a project review report shall be held by the Foundation until the project review report has been submitted and approved. The Foundation in its discretion may also require an audit of the agency or project, which may include the review of programmatic as well as financial records. The expense of any audit required by the Foundation will be borne by the Foundation, with the exception of audits required as a part of the grant application process. 13. Payments Grant payments will be made by the Foundation according to the payment schedule set forth in Paragraph 2 of this Agreement; provided that payments scheduled for a certain month may be made at any time during that month, and that if the project is not making reasonable progress toward meeting its stated objectives as set forth in the Project Objectives, or the Grantee is not otherwise in compliance with this Agreement, then the Foundation may at its sole and absolute discretion defer, reschedule, or cancel future payments. Marin Community Foundation Page 3 of 4 Grant Agreement Rev. 1/91 14. Reversion Any funds not expended for the purposes agreed to by the Foundation, including any unspent balance at the conclusion of the grant period; must be returned to the Foundation. Grantee agrees that it shall convey back to the Foundation any equipment or real estate purchased with grant funds if the nature of its use is diverted from the purposes for which the grant was made, or if the Grantee organization ceases operations. I5. Modification and Termination The terms of this Agreement may be revised or modified only with the prior written consent of both parties. If and when the Grantee fails to meet any of the terms or conditions of the Agreement, the Foundation may withdraw its award and terminate the Agreement and shall thereupon have no further obligation to disburse to Grantee any remaining unpaid grant funds, and may further require repayment by Grantee to the Foundation of any grant funds which were not used in accordance with the terms of the Agreement including the grant purpose and objectives set forth in Paragraphs I and 3 of this Grant Agreement The Grantee may terminate the Agreement at any time, by written notification to the Foundation accompanied by a final report as required in Paragraph 12, and the return of any unspent grant funds to the Foundation. 16. Buck Trust Restriction The fund from which the Foundation has awarded this grant is set forth in Paragraph 2 of this Agreement All grant funds from the Leonard and Beryl Buck Trust must be used, according to the trust document, "for exclusively non-profit charitable, religious or educational purposes in providing care for the needy in Marin County, California, or for other non-profit charitable, religious or educational purposes in that county." 17. Limit of Commitment This award is made with the understanding that the Foundation has no obligation to provide other or additional support for this project; nor does this award represent any commitment to or expectation of future suppport from the Foundation for this or any other project of Grantee. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as of the date listed below. Dated as of February 16 19 93. In signing this document, the Grantee signatories each acknowledge that they have been authorized by Grantee agency to sign on its behalf, that they have read and understand the entire Grant Agreement, and that Grantee accepts and agrees to its terms and conditions. The Agreement shall not be effective until the Foundation has received and approved a signed copy with the required schedules from Grantee, and has signed and reconveyed a copy of the entire Agreement to Grantee. By its acknowledgement below, the fiscal agent agrees for the benefit of the Foundation to perform its obligations as set forth in the attached memorandum of understanding. FISCAL AGENT By: Its: Executive Director and By: Its: President of the Board GRANTEE CITY OF SAN RAFAEL By: f Its: Executive i for am a J. !cola!, Glty Manager and By: �-' Its: Pr sident of the Boar 1 be t J . Bo ro , Mayor ATTEST: Al. Je a M. Leoncini, City Clerk MA COMMUNITY FOUNDATION Program Direaor" Marin Community Foundation Page 4 of 4 Grant Agreement Rev. 1/91 Grant Objectives, Project Workplan and Time Schedules for Land Use Competition portion of St. Vincent's/Silveira Land Use Study Grant Objectives To partially fund costs of a predevelopment study including a Land Use /Design Competition for the 1,200 acre St. Vincent's/ Silveira properties. Land Use Competition Workplan and Time Schedule December 1992 Public Announcements January 15, 1993 Competition Kits Mailed to Competitors February 11, 1993 Briefing and Site Visit for Competitors April 2, 1993 Competition Submissions Due April 4 -May 5, 1993 Public Exhibit of Competition Submissions April 24, 1993 Jury review and selection of winning submissions April 26, 1993 Announcement of Winners April 1993 Community Workshop with Committee May 1993 Awards Ceremony. Winners may present submissions May -July 1993 Post Competition - Site Land Use Recommendations by St. Vincent's/Silveira Advisory Committee St. Vincent's/Silveira Land Use Study Project Line Item Budget WY 92-93) Income Current MCF $35,900 Government: City of San Rafael $27,500 + in kind staff County of Marin $17,000 Corporations St. Vincent's/CYO $25,000 Grand Total Income $135,400 + in kind staff Expenses Personnel Full time salaries: City of San Rafael provides in kind: Principal Planner, Project Manager Planning Director, Meetings Part time secretarial City/County/ St. Vincent's Professional (Consultant) Fees Environmental Studies Plant Ecologist Site Survey $500 Archaeological Field Survey $3000 Geotechnical Studies $4000 Habitat Analysis $9400 Traffic Analyses $17,440 Land Use Competition Competition Advisor $7,000 MCF $4,000 Total Personnel $41,340 $4,000 City/County/ St. Vincent's MCF Operating Expenses Land Use Competition Competition Planning $100 — Competition Announcements $3,500 $2,500 Competition Program Kit $1,600 $2,000 Competition Questions/ans mailed $100 $400 Public Exhibit $500 $5,000 Competition Jury -10 members (honoraria, meals, lodging) $2,500 $9,000 Prizes $20,000 $10,000 Awards Ceremony $600 $500 Post Competition Publicatn. $100 $2000 Contingency — $500 Subtotal $29,000 $31,900 Total Land Use Competition with Competition Advisor $36,000 $35,900 Total St. Vincent'slSilveira Study $99,000 $35,900 Cash Reserves: 0 r 19924093 ANNUAL G DEPARIXENT CLASSIFICATION ACTUAL EXPENDITURES 1989-1990 3ALARIES i WAGES 536,655 HINGE lJYL\Li i1J 152,509 3UpPLIBS i SERVICES 97,735 .:APITAL OUTLAY 19,744 DOTAL BUDGET 806,643 DOTAL PERSONNEL 1 13.25 AUTHORIZED POSITIONS: Planning Director Principal Planner Senior Planner Associate/AssistantlPlanner Code Enforcement Officer Assistant Civil Engineer Principal Secretary Typist Clerk II Permit Clerk * Two positions are not funded DESCRIPTION OF ACTIVITIES: BUDGET DIVISION ACTUAL CPENDITURI 1990-1991 553,678 124,164 63,837 14,742 756,421 13.25 SUMMARY CURRENT BUDGET 1991-1992 555,778 122,729 42,879 5,420 726,806 13.25 001-1600 ACCOUNT PROPOSED BUDGET 1992-1993 546,886 129,037 15,962 5,820 697,705 12.25 1 1 1.0 1 1 1.0 1 1 1.0 6 6* 6.0* 1 1 1.0 0.25 0.25 0.25 1 1 1.0 2 2 0 0 0 1.0 13.25 13.25 12.25 COUNCIL APPROVED BUDGET 1992-1993 The Planning Department has three areas of primary responsibility: advance planning, current planning and code enforcement. The department carries out these responsibilities by administering the City's land use permitting program, performing policy development and other research activities, responding to code enforcement complaints and by providing technical assistance to the Planning Commission, Design Review Board, Cultural Affairs Commission, Redevelopment Agency and City Council. Advance planning projects for FY 1992/93 will include final adoption of the updated Zoning Ordinance; completion of the St. Vincents/Silveira constraints and opportunities analysis, EIR and General Plan amendment; completion of the Francisco Boulevard Design Plan, and an update of the Subdivision and Condominium Ordinance. Current planning activities include environmental and design review, small subdivisions, tentative maps, variances, use permits and administration of the California Environmental Quality Act. Current planning staff is also responsible for providing information to the public on planning issues in San Rafael. Code enforcement activities involve responding to complaints of alleged violations of the Zoning and Subdivision Ordinance as well as other sections of the Municipal Code relating to property use and maintenance. - 36 - ANNUAL vr,ANNI C DEPARTMENT SALARIES & WAGES: BUDGET DIVISION 00"00 ACCOUNT rhe Typist Clerk positions are being replaced by a Permit Clerk and an Associate Planner that is now at 3/4 time will return to full time and half the salary will be funded by Redevelopment and the Downtown Plan. FRINGE BENEFITS: Reflects the higher cost of group insurance and dental insurance. SUPPLIES & SERVICES: There are no funds requested for 1992/93 for the Zoning Ordinance ($22,225) since this project will be completed this year. Funds for training and travel, and outside duplicating services have -been eliminated. Less funds are requested for equipment maintenance while additional funds are requested for office supplies. CAPITAL OUTLAY: Funds are requested for the continuance of a lease purchase contract for 2 copiers. SPECIFIC OBJECTIVES: 1. Zoning Ordinance - The new ordinance will be adopted early in the fiscal year and will be in effect before the end of the first quarter. 2. St. Vincents/Silveira - Constraints analysis will be complete in July; Opportunities analysis, design competition, draft General Plan amendment and EIR will be completed in FY 1992/93. 3. Francisco Boulevard Design Plan - This project is largely complete. A draft will be prepared and submitted for public review and adoption. 4. Subdivision/Condominium Ordinance Update - A General Plan priority 2 project scheduled to be started and completed in FY 1992/93. S. Design Review Board Study - Hughes-Heiss study recommended reorganization to give the DRB permit authority. Project involves research and analysis of alternatives, preparation of ordinance amendments and staff support to an advisory committee. 6. Canal Home Safety Program - Part of the Canal Clean Up Plan. Code Enforcement Division will coordinate program to inspect all apartment units in the Canal neighborhood and correct violations of health and safety codes. - 37 -