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.
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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.
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