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HomeMy WebLinkAboutRA Minutes 1996-03-04SRRA MINUTES (Regular) 3/4/96 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 4, 1996 AT 7:30 PM Regular Meeting: Present: Albert J. Boro, Chairman San Rafael Redevelopment Agency Paul M. Cohen, Member Barbara Heller, Member Gary O. Phillips, Member David J. Zappetini, Member Absent: None Also Present: Jake Ours, Acting Executive Director Gary T. Ragghianti, Agency Attorney Jeanne M. Leoncini, Agency Secretary ORAL COMMUNICATIONS OF AN URGENCY NATURE None CONSENT CALENDAR 7:30 PM Member Phillips moved and Member Cohen seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting Approved as submitted. of Tuesday, February 20, 1996 (AS) 2. Acceptance of Statement of Disclosure for: (AS) Accepted report. Judy Tipple, Planning Commissioner - File R-140 #8 x (SRCC) 9-4-3 AYES: MEMBERS: Cohen, Heller, Phillips, Zappetini & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None The following items were removed from the Consent Calendar for discussion: 3. APPROVAL OF SPONSORSHIP OF ART SQUARE AT ITALIAN STREET PAINTING FESTIVAL IN THE AMOUNT OF $540.00 (RA) - File R-181 Member Zappetini asked if the Italian Street Painting Festival will take place at the same location as previous years, and if the City will resurface the street and then have to tear up and repave the street after the festival? Assistant Executive Director (Public Works) Bernardi reported the City will resurface the street three weeks prior to the festival, using a special asphalt mix that has smaller rocks in it, which will provide a smoother surface so that the City will not have to use the special surfacing that was used in past years. Therefore, the City should not need to dig up the street after the festival. Member Zappetini moved and Member Heller seconded, to adopt the Resolution approving the sponsorship of an Art Square at the Italian Street Painting Festival, in the amount of $540. RESOLUTION NO. 96-14 - RESOLUTION AUTHORIZING THE SPONSORSHIP OF AN ART SQUARE AT THE 1996 ITALIAN STREET PAINTING FESTIVAL IN THE AMOUNT OF $540. AYES: MEMBERS: Cohen, Heller, Phillips, Zappetini & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None SRRA MINUTES (Regular) 3/4/96 Page 1 SRRA MINUTES (Regular) 3/4/96 Page 2 4. ANDERSEN DRIVE EXTENSION - RESOLUTION ACCEPTING TEMPORARY CONSTRUCTION EASEMENT ON LANDS OF: (PW) - File R-359 x R-246 a) Batmale Settlement, APN: 013-018-05,06 Member Zappetini stated he was abstaining from this item due to conflict of interest. Member Phillips moved and Member Cohen seconded, to adopt the Resolution accepting temporary construction easement on lands of Batmale settlement. RESOLUTION NO. 96-15 - RESOLUTION ACCEPTING TEMPORARY CONSTRUCTION EASEMENT ON LANDS OF BATMALE SETTLEMENT, APN: 013-018-05, 06. AYES: MEMBERS: Cohen, Heller, Phillips & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None DISQUALIFIED: MEMBERS: Zappetini (due to conflict of interest) 5. ANDERSEN DRIVE EXTENSION - RESOLUTION ACCEPTING GRANT OF EASEMENT AND AUTHORIZING AGENCY ACTING EXECUTIVE DIRECTOR TO EXECUTE EASEMENT PURCHASE AGREEMENT, AND TENANT'S CONSENT ON LANDS OF: (PW) - File R-359 x R-246 a) Gratianne Settlement, APN: 013-072-17, 18 Member Zappetini stated he was abstaining from this item due to conflict of interest. Member Phillips moved and Member Cohen seconded, to adopt the Resolution accepting grant of easement and authorizing Agency Acting Executive Director to execute easement purchase agreement and tenant's consent on lands of Gratianne settlement. RESOLUTION NO. 96-16 - RESOLUTION ACCEPTING GRANT OF EASEMENT FOR A FENCELINE EASEMENT ON LANDS OF GRATIANNE SETTLEMENT, APN: 013-072-17, 18. AYES: MEMBERS: Cohen, Heller, Phillips & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None DISQUALIFIED: MEMBERS: Zappetini (due to conflict of interest) 6. ANDERSEN DRIVE EXTENSION - RESOLUTION ACCEPTING GRANT OF EASEMENT AND AUTHORIZING AGENCY ACTING EXECUTIVE DIRECTOR TO EXECUTE EASEMENT PURCHASE AGREEMENT, AND TENANT'S CONSENT ON LANDS OF: (PW) - File R-359 x R-246 a) Davis Settlement, APN: 013-081-21 Member Zappetini stated he was abstaining from this item due to conflict of interest. Member Phillips moved and Member Cohen seconded, to adopt the Resolution accepting the grant of easement and authorizing Agency Acting Executive Director to execute easement purchase agreement and tenant's consent on lands of Davis Settlement. RESOLUTION 96-17 - RESOLUTION ACCEPTING GRANT OF EASEMENT FOR A FENCELINE EASEMENT ON LANDS OF DAVIS SETTLEMENT, APN: 013-081-21. AYES: MEMBERS: Cohen, Heller, Phillips & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None DISQUALIFIED: MEMBERS: Zappetini (due to conflict of interest) SRRA MINUTES (Regular) 3/4/96 Page 2 SRRA MINUTES (Regular) 3/4/96 Page 3 7. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR SERVICES WITH MIG, INC. CONCERNING WORK PROGRAM TO PLAN EAST SAN RAFAEL PARKS AND CORPORATION YARD, IN AN AMOUNT NOT TO EXCEED $40,000 (Rec/PW) - File R-362 x (SRCC) 9-3-66 x 12-4 Member Phillips referred to the issue of dissemination of information regarding the meetings, noting the staff report refers to a $1500 cost per mailing, with four separate mailings being anticipated. Mr. Phillips asked if it was staff's intent to actually do four separate mailings to every household? Recreation Director Sharon McNamee stated a full mailing would be conducted prior to the first meeting, after which staff would re-evaluate, based on the turn -out at the meeting, the need for additional mailings to all households. She stated that from the responses we have been receiving, she believes the word is out pretty thoroughly in the community. She noted that if she hears from people that they need more information, or if it appears there are segments of the community who feel they need more information, they will consider additional full mailings. Mr. Phillips asked if that is a decision that staff would make, and Ms. McNamee stated the team would make that decision. Member Phillips moved and Member Zappetini seconded, to adopt the Resolution authorizing execution of an agreement for service with MIG, Inc. RESOLUTION NO. 96-18 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH MIG (MOORE, IACAFANO, GOLTSMAN) TO PROVIDE OVERALL PROJECT COORDINATION AND MEETING FACILITATION SERVICES FOR THE EAST SAN RAFAEL PARKS/CORPORATION YARD PLAN IN AN AMOUNT NOT TO EXCEED $40,000. AYES: MEMBERS: Cohen, Heller, Phillips, Zappetini & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None Member Cohen stated he was comfortable with staff deciding whether sufficient interest is shown, or if additional mailings will be needed. However, he felt this was an issue that should be looked at as more planning takes place, noting we need to reach out and draw in those people who are not already involved. He stated $1500 for the initial mailing is a fairly small investment, and suggested initial mailing to all households in the affected areas might be something we should do at the beginning of every planning project, offering further information and mailings to those individuals who indicate they would like to receive additional information. Chairman Boro agreed, stating he felt the Agency would support any noticing staff felt was necessary, just to be certain that we are being inclusive. 8. PRESENTATION OF RESOLUTION OF APPRECIATION TO BOB COOPER, MEMBER, CITIZENS ADVISORY COMMITTEE ON REDEVELOPMENT - File R-140 IVB x (SRCC) 102 Chairman Boro presented a Resolution of Appreciation to Bob Cooper, noting he has been a member of the Citizens Advisory Committee on Redevelopment since 1991. Chairman Boro thanked Mr. Cooper for the fine work he has done on behalf of the Agency, particularly his work with the Rafael Theatre and being instrumental in bringing together the City and the Film Institute. Mr. Cooper thanked the Agency for taking a chance on him when he applied for membership in 1991. He recalled that at the time of his appointment he told the City he wanted the Rafael Theatre to be reopened, noting that at the time he did not have a plan, only a dream. He stated the project needed people with knowledge, vision, and credibility to get the job done right, and noted we were extremely lucky to find that the Film Institute of Northern California was looking for a permanent home. SRRA MINUTES (Regular) 3/4/96 Page 3 SRRA MINUTES (Regular) 3/4/96 Page 4 Mr. Cooper stated that, unfortunately, his work has taken him further away from being an active participant in this wonderful project and on the Committee. He stated he appreciates the recognition and acknowledgement being given to him, but he sees this as an opportunity to thank the City, and those who played a role in the early development of the Rafael Theatre project. He thanked his fellow members of the Citizens Advisory Committee, especially Glenn Koorhan, Abraham Yang, and Anise Turina, noting they have put in a lot of time on the Committee. He also thanked CalTrans for teaching him that persistence pays off. He noted a special thanks should go out to all of the volunteers who helped with the Rafael Theatre, particularly Steve Anderson, who put in a lot of time and energy on the project. Mr. Cooper thanked the Redevelopment Agency for providing the necessary leadership and funding for getting the project on its feet and flying, stating he and the entire community owe them a debt of thanks and great appreciation, noting he felt he is leaving his dreams in good hands. AGENCY CONSIDERATION: 9. RENEWAL OF CONTRACT WITH CELEBRATIONS FOR 1996 FARMERS MARKET FESTIVAL (RA) - File R-309 x R-181 Acting Executive Director Jake Ours reported this is the seventh year for the Farmers' Market Festival, noting we are constantly evolving the market and trying to make it better. He introduced the members of the Farmers' Market Board of Directors who were in the audience, noting they work with the Agency in formulating the policies and solving problems. Mr. Ours stated the market will be a slightly different configuration this year, as some of the service vendors will be moved to Lootens and Lindero Streets, off of Fourth Street. He noted certain types of products that were sold in the past will no longer be included, such as sunglasses, visors, and t -shirts, unless they are crafted items. He stated crafts and imports will be allowed, and the look of the market will be a little dressier this year. Member Zappetini asked why the contract for the market is not put up for bid instead of dealing with just one company? Mr. Ours responded that seven years ago the Agency did call for bids, and at that time they received only one bid, which was from Brigitte Moran. He reported Ms. Moran started the market, with very little monetary support from the City, noting the only other person who ever expressed an interest in starting a market wanted a considerable amount of money to step into the market, and also wanted all the proceeds from the market to go to their company. Mr. Ours reported that over the years we have had a very successful relationship with Ms. Moran, noting she has always been very responsive to everything the City has done. Mr. Ours stated he also felt her price is very fair, explaining the $60,800 is not paid by the City, but solely from market proceeds, and pays for four staff people to run the market. Mr. Ours stated we have one of the biggest markets in the State of California, and one of the most successful, noting people come to us from all over the State asking how we have done it. Mr. Ours stated the basic reason we have done this so well is Brigitte Moran, noting he has never found anyone that he felt could do it as well. Member Zappetini referred to the survey in the staff report, noting the survey was done at the market, asking if there had been any surveys done with people who do not go to the market, and Mr. Ours reported the Downtown Merchants' Association conducted a survey of the merchants and customers in the stores. Mr. Ours stated he did not have the results of that survey, but basically that survey reported they did not like some of the make-up of the market, as far as the goods that were being sold. He noted that is why they have changed some of the goods that are being sold this year, trying to respond to this. Mr. Ours reported he has never seen a survey that said "We do not like the market." SRRA MINUTES (Regular) 3/4/96 Page 4 SRRA MINUTES (Regular) 3/4/96 Page 5 He stated there are specific areas of the market that some people like and others do not, but the people who are at the market really love it, and noted it was amazing how much loyalty and support the market gets from the citizens of San Rafael, and citizens from all over Marin County. Member Phillips noted the Redevelopment Agency will be paying $60,800 under the terms of this contract for the services provided, and asked what would happen if, as last year, the market loses money? He stated that last year there was a reserve to offset that loss, but there are no reserves this year, and he is concerned who would be responsible for payment. Mr. Ours stated the Redevelopment Agency has no exposure, noting that in a worse case scenario, there might be a need for another loan. He reported that when the market was originally started, the Agency gave the market a $15,000 loan, which has been paid back. He stated he does not believe there will be cash flow problems, as the Agency has addressed some of the reasons there were problems in the past. Mr. Ours reported the loss of funds last year was due mainly to four rain -outs, and this year there will be no refunds for rain -outs. He stated that in addition, we also will not be spending the advertising money up -front, as we did last year, noting they realize they do not have much money in the bank this year, and they are trying to tailor the expenses to meet those limitations. He stated that once the money starts coming in, they will then start up the advertising again, but they realize that they just cannot do it right now. Mr. Ours stated that in the event the Agency was asked for a bridge loan, there would be no responsibility for the Agency to grant a loan if they did not want to, and noted there is no monetary obligation to the Agency under this contract. Member Phillips referred to the issue of compensation, noting the report states that compensation will be paid by gross receipts, but in no event shall be more than $5,066 per month. Mr. Phillips noted we have not made the first couple of months payment because there have not been any receipts, so to come up with $60,800, in some months we would have to pay more than $5,066, in contradiction to this particular provision. Mr. Ours stated he did not see this as a contradiction, as we will have a twelve month contract, and it would be paid out over twelve months. Agency Attorney Ragghianti stated he would look into this. Chairman Boro asked if the twelve months of the contract began now, once the contract is approved? Mr. Ours stated the Agency would prefer to maintain the contract on a calendar year, beginning in January. Member Phillips referred to the section of the report addressing vendors who are allowed in the market, noting the report states that vendors who are not food, craft or gift oriented are no longer allowed on Fourth Street. He asked if they are going to be allowed elsewhere? Mr. Ours responded there are service areas on Lootens and Lindero Streets, where vendors such as chiropractors and real estate agents can sell their services. He noted the intent was to get those type of service vendors off Fourth Street. Mr. Phillips referred to the statement that "non -allowed uses" include sunglasses, t -shirts, floor mats, etc., and asked if those types of items will be excluded only from Fourth Street, or if they are excluded entirely from the market? Mr. Ours stated they will be excluded completely. Mr. Phillips noted imported items are specifically mentioned as being allowed at the market, and asked if there was a special significance to imported items? Mr. Ours stated there are certain imported items that, while not hand crafted, are quite good market items and of very nice quality, such as baskets and Alpaca sweaters. Member Phillips noted the hours of street closures are set at 5:00 PM. He asked if the feedback that Mr. Ours has received from the merchants has led him to believe that this is the most appropriate hour, or would it be better for the merchants on Fourth Street to open the market at a slightly later time to allow for less commotion while they are still open? Mr. Ours stated the timing was a compromise, noting they had asked to close the street even earlier to have more time to set-up, but were told the merchants did not like that. He reported there must be a certain amount of time the market is in operation, roughly three hours, in order to make it viable. He stated that when the market began seven years ago, there was a big discussion about the starting time, and SRRA MINUTES (Regular) 3/4/96 Page 5 SRRA MINUTES (Regular) 3/4/96 Page 6 5:00 PM was the best compromise time they could come up with, and still get the market on the street, and close it down at 9:30 PM. Mr. Ours stated it is very interesting to sit on a street corner downtown and watch the market begin to happen, noting it comes to life very quickly, and then disappears at 9:30 PM. Mr. Phillips asked if the merchants have become accommodating over the past seven years, or are they becoming more irate at closing the street at 5:00 PM. Mr. Ours stated he did not recall any particularly irate merchants, noting they all know that it will be happening, most of them close their shops at 5:00 PM, and many of them participate in the market. Mr. Ours stated he does not know of any great source of complaint regarding the street closure time. He pointed out that this event brings five thousand people down to Fourth Street. Member Cohen stated he felt a good balance had been reached in the closure times, and he would caution against moving the street closure to a later hour, noting he sees a lot of families with children attending the market, and if the street closure is moved to a later hour and the market does not really get going until 6:30 or 7:00 PM, it would be much harder for families with small children to attend. Referring to Member Zappetini's earlier question, Mr. Cohen stated the agreement falls into the category of Professional Services, so we are precluded from bidding for Professional Services. He stated we could conceivably do a request for proposals if we wanted to pursue this, but it would not be anything we would do on a bid basis. Mr. Cohen stated he agreed with Mr. Ours' comments about the quality of service we have been receiving, noting it has generally been outstanding. He felt the continuity was also very important, noting we are constantly making changes to see what works and what does not, and having some consistency, in the form of Brigitte Moran, really makes a difference. Mr. Cohen stated we should be very careful about making a change there. Member Cohen referred to the issue of surveying people downtown who do not attend the market, and stated he felt that is an ongoing issue to try to figure out what changes could be made to the market to attract people we are not currently attracting. He stated he did not know how we can get those potential customers to the Farmers' Market and determine what it would take to bring them to the market. However, he felt this was a challenge the Board of Directors must continue to face, and stated this is a valid question for the Board to continue to consider. Paul Kyler, a nurseryman who has been a vendor at the market for five years, addressed the Agency, stating he likes the market and does not want to see people tinkering with it because he feels they will do more harm than good. He stated the market will level itself out. Mr. Kyler noted many people bring their children to the market, and they all have a good time and enjoy themselves. He stated he felt the way Brigitte Moran runs the market is the best we will ever find, especially for what we are paying. Cindy Gilliland addressed the Agency, responding to the earlier comment suggesting we survey those people who do not come to the market. She stated that although this might be a good idea, she would caution against changing the market and perhaps losing some of the things that people do come for, in order to satisfy people who do not come to the market. She felt there are a lot of people who already come to the market who feel very strongly about it and really enjoy the market. On behalf of the Agency, Chairman Boro thanked the members of the Advisory Board for their dedication and efforts over the years, and especially thanked Brigitte Moran for her fine job, as well. Agency Attorney Ragghianti stated he had an opportunity to look at Paragraph 5 of the report, noting that Mr. Ours had explained that the intent was to assure the management that they will receive $60,800; however, this is dependent on gross receipts. Therefore, Mr. Ragghianti recommended the Agency consider, noting Mr. Ours agreed, modifying the first sentence of Section 5 of the contract, which should also be renumbered SRRA MINUTES (Regular) 3/4/96 Page 6 SRRA MINUTES (Regular) 3/4/96 Page 7 Section 4, to read as follows: "Total compensation for the management and operation services is not to exceed $60,800, payable from and dependent upon gross receipts, at the rate of $5,066 per month, and shall not be an obligation of the Redevelopment Agency General Fund. " He further noted that the last sentence of this section should be deleted. Mr. Ragghianti stated Mr. Ours had informed him that this would accurately reflect the intent, which is no gross receipts, no payment. Mr. Ragghianti noted the subsequent sections also need to be renumbered. Member Cohen reported he had served as the Agency's liaison to the Board last year, and stated he felt this was a valuable event for the City of San Rafael, and one he and his family greatly enjoys. He stated he was not advocating any dramatic changes, although he did feel we must continue to look at what we are doing. Member Cohen moved and Member Phillips seconded, to approve staff recommendation to: A) Approve the operation of the Downtown Farmers' Market Festival from Thursday, April 4, 1996 through Thursday, October 10, 1996. B) 1. Approve closure of Court Street from 4:30 PM to 9:30 PM on Thursdays from April 4th, through October 10th. 2. Approve closure of Fourth Street from "B" Street to Cijos from 5:00 PM to 9:30 PM on Thursdays from April 4th through October 10th. 3. Approve closure of "A" Street between Fifth Avenue and the entry to the Parking Structure and Lootens between Fifth Avenue and Commercial from 5:00 PM to 9:30 PM on Thursdays from April 4th through October 10th. C) Adopt Resolution authorizing the Acting Executive Director to execute a contract with Celebrations, as amended, for management and operation of the 1996 Downtown Farmers' Market Festival. RESOLUTION NO. 96-19 - RESOLUTION AUTHORIZING THE ACTING EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT WITH CELEBRATIONS (FORMERLY KNOWN AS MORAN AND ASSOCIATES) TO OPERATE THE DOWNTOWN FARMERS' MARKET FESTIVAL FOR 1996 (from 1/1/96 through 12/31/96, for a fee not to exceed $60,800) (Agreement as Amended, to Read: "Section 4 Compensation: Total compensation for the management and operation services is not to exceed $60,800, payable from and dependent upon gross receipts at the rate of $5,066 per month, and shall not be an obligation of the Redevelopment Agency General Fund. Source of all compensation shall be gross receipts from the market.") (Delete last sentence of paragraph). AYES: MEMBERS: Cohen, NOES: MEMBERS: None ABSENT: MEMBERS: None 10. AGENCY MEMBER REPORTS: None Heller, Phillips, Zappetini & Chairman Boro There being no further business to come before the Agency, Chairman Boro adjourned the meeting at 8:05 PM JEANNE M. LEONCINI, AGENCY SECRETARY SRRA MINUTES (Regular) 3/4/96 Page 7