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HomeMy WebLinkAboutRA Minutes 1996-05-06SRRA MINUTES (Regular) 5/6/96 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MAY 6, 1996 AT 7:30 PM Regular Meeting: Present: San Rafael Redevelopment Agency Barbara Heller, Member Gary O. Phillips, Member Absent: None Also Present: Jake Ours, Acting Executive Director Gary T. Ragghianti, Agency Attorney Jeanne M. Leoncini, Agency Secretary OPEN SESSION - 7:00 PM - COUNCIL CHAMBER Chairman Boro announced Closed Session items. CLOSED SESSION - 7:00 PM - CONFERENCE ROOM 201 Albert J. Boro, Chairman Paul M. Cohen, Member 1. 0 Conference with Agency Members (Government Code Section 54956.8) a. Property Street Address: Fourth & Court Streets A.P. #11-222-04 Leaseholder: Macy's/Federated Under Negotiation: Acquisition of Leasehold Interest b. Property Street Address: Fourth & Court Streets A.P. #11-222-01 Leaseholder: Macy's/Federated Under Negotiation: Acquisition of Property Agency Attorney Ragghianti announced no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE 7:30 PM None CONSENT CALENDAR Member Phillips moved and Member Cohen seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special and Regular Approved as submitted. Meetings of Monday, April 15, 1996 (AS) 4. Quarterly Housing Report (RA) - File R-173 x Accepted report. (SRCC) 187 x 13-16 5. Approval of Parking Lot Closures on Lindaro, Approved staff recommendation. between Second and Third Streets, for Six (6) Flea-tiques (RA) - File R-140 #8 x (SRCC) 12-14 SRRA MINUTES (Regular) 5/6/96 Page 1 SRRA MINUTES (Regular) 5/6/96 Page 2 6. Andersen Drive Extension -- Resolutions RESOLUTION NO. 96-39 Accepting Grants of Easement for a Fenceline RESOLUTION ACCEPTING GRANT OF on Lands of: (PW) - File R-359 x R-246 EASEMENT FOR A FENCELINE EASEMENT ON LANDS OF FORSTER a. Forster Settlement, APN: 013-094-07 SETTLEMENT, APN: 013-094-07. b. Garzoli Settlement, APN: 013-072-22 C. Larson Settlement, APN: 013-031-06 RESOLUTION NO. 96-40 - RESOLUTION ACCEPTING GRANT OF EASEMENT FOR A FENCELINE EASEMENT ON LANDS OF GARZOLI SETTLEMENT, APN: 013-072-22. RESOLUTION NO. 96-41 - RESOLUTION ACCEPTING GRANT OF EASEMENT FOR A FENCELINE EASEMENT ON LANDS OF LARSON SETTLEMENT, APN: 013-031-06. AYES: MEMBERS: Cohen, Heller, Phillips & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None The following items were removed from the Consent Calendar for discussion: 3. UNAPPROVED MINUTES OF CITIZENS ADVISORY MEETING OF THURSDAY, APRIL 4, 1996 (RA) - File R-140 IVB Member Phillips noted the minutes refer to staff answering questions raised by Mr. Wilson, representative of CCA, concerning Home Depot and COSTCO, and asked what types of questions had been raised? Acting Executive Agency Director Jake Ours reported Mr. Wilson had asked when Home Depot was expected to open, and he was told it was expected to open in July. Mr. Ours stated the questions concerning COSTCO were mainly whether or not the Agency was looking for another site for that project, and Mr. Wilson was informed there was nothing under consideration at this time. Member Phillips moved and Member Cohen seconded, to accept the unapproved minutes of the Citizens Advisory Meeting of Thursday, April 4, 1996. AYES: MEMBERS: Cohen, Heller, Phillips & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None 7. RESOLUTION AUTHORIZING EXECUTION OF GRANT OF EASEMENT TO PACIFIC BELL FOR INSTALLATION OF PACIFIC BELL'S FACILITY ON CITY PROPERTY (APN: 09-032-07) NEAR PICKLEWEED PARK RECREATION CENTER ON CANAL STREET (PW) - File R-361 x (SRCC) 4-14 Chairman Boro announced he was abstaining from this item, due to conflict of interest. Member Cohen moved and Member Phillips seconded, to adopt the Resolution. SRRA MINUTES (Regular) 5/6/96 Page 2 SRRA MINUTES (Regular) 5/6/96 Page 3 RESOLUTION NO. 96-42 - RESOLUTION OF THE SAN RAFAEL REDEVELOPMENT AGENCY AUTHORIZING EXECUTION OF GRANT OF EASEMENT TO PACIFIC BELL FOR INSTALLATION AND MAINTENANCE OF PACIFIC BELL FACILITIES ON A PRESCRIBED PORTION OF CITY PROPERTY (AP# 09-032-07) ON CANAL STREET. AYES: MEMBERS: Cohen, Heller & Phillips NOES: MEMBERS: None ABSENT: MEMBERS: None DISQUALIFIED: MEMBERS: Chairman Boro (due to conflict of interest) 8. RESOLUTION ACCEPTING BUDGET ADDENDUM FROM ASSOCIATED RIGHT OF WAY SERVICES, INC. FOR ADDITIONAL RIGHT-OF-WAY SERVICES FOR ANDERSEN DRIVE EXTENSION PROJECT IN THE AMOUNT OF $49,800 (PW) - File R-246 Member Cohen noted the staff report states the Agency accepted a proposal in February for additional right-of-way services in the amount of $94,500, and now is being asked to approve $49,800. He asked if that was in addition to the $94,500 approved in February, and Acting Executive Director Ours stated that it was. Mr. Ours reported that after the original proposal on March 20, 1995, there was almost a doubling in the taking for temporary construction easements, which doubled the workload of the people working on this project. He stated this most recent increase reflects the extended negotiations they are encountering with some of the takes on the Pacific Gas & Electric Company properties, the Southern Pacific property, and the need to go to condemnation on some of these properties, as well as the negotiations with some of the individual property owners, which will also require condemnation in some cases. He stated this increase reflects more time and more negotiations that have to go into the actual work, and preparation for the court cases. Assistant Executive Director (PW) David Bernardi pointed out that Exhibit "A" of the report lists the different problems that have been encountered with the various property owners with whom they are still negotiating, noting there are approximately twenty of these properties. Member Phillips referred to the 20% - 25% contingency fund, and asked how we are billing Associated Right of Way Services, Inc., noting the term "contingency fund" indicated to him that it might not require the 20% - 25%; therefore, he is assuming we are billing on an actual time basis? Mr. Ours stated that was correct. Mr. Phillips asked if the Agency was comfortable that this had not expanded beyond the size of the contract? Mr. Ours stated we have approximately seventy-five acquisitions in the package, and some of those are multiple acquisitions, with both property owners and tenants involved, noting if there is more than one tenant at a property we must negotiate with each individual tenant to obtain their consent. Mr. Ours stated the Agency had no idea, when they began this project, how many individuals they would have to be dealing with, noting there are many property rights involved, and it was impossible to tell by looking at a piece of property how many leasehold interests there were in addition to the owner of the property. Member Phillips stated he would have thought that at the time the contract was entered into with Associated Right of Way Services, Inc., they would have had some idea of what they were trying to accomplish. Mr. Ours stated they knew they SRRA MINUTES (Regular) 5/6/96 Page 3 SRRA MINUTES (Regular) 5/6/96 Page 4 would be entering into a certain number of acquisitions, but those acquisitions actually doubled and tripled in detail, reiterating you cannot tell by looking at a building how many leasehold interests are involved. Mr. Ours stated it is a very complicated process, attempting to obtain all the consents and tenants' rights agreements. Mr. Ours stated another factor was that we did not anticipate going to condemnation on so many of these properties, which they have now found they are going to have to do. Mr. Phillips asked if the Agency can be assured that if this proposed agreement is entered into, that will be all that is asked of us, noting it does include the 20% -25% contingency, and asking if we will be here in another couple of months with the same issue before us? Mr. Ours stated that would not be the case, that in a couple of months this will all be behind us. He reported one of the things that is pushing this proposal is the need to get the project going, noting we have already gone out to bid and we need to settle these issues. He told Mr. Phillips he was comfortable with this proposal, noting he has been monitoring this project very closely, particularly with regard to the work that is being done that was not specified in the original contract. Member Heller asked Mr. Ours if he felt that within thirty to sixty days negotiations on all of these individual properties will either be concluded or we will be in court on them? Mr. Ours stated that within that time the Agency will have the interest that we need to build the road, noting that although we may still be in court regarding some of the cases, they will no longer be right-of-way issues. Member Phillips moved and Member Cohen seconded, to adopt the Resolution. RESOLUTION NO. 96-43 - RESOLUTION ACCEPTING A BUDGET ADDENDUM FROM ASSOCIATED RIGHT OF WAY SERVICES, INC. FOR ADDITIONAL RIGHT OF WAY SERVICES FOR ANDERSEN DRIVE EXTENSION PROJECT IN THE AMOUNT OF $49,800. AYES: MEMBERS: Cohen, Heller, Phillips & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None AGENCY CONSIDERATION: 9. SETTLEMENT AGREEMENT WITH GOLDEN GATE BRIDGE DISTRICT AND COUNTY OF MARIN RE: ANDERSEN DRIVE EXTENSION (RA) - File R-357 x R-246 Acting Executive Director Ours stated we now have the final agreement in place, noting all of the parties, the Golden Gate Bridge District, County of Marin, and the Marin County Transit District, have agreed to the City' s right to cross the Mainline right-of-way for the Andersen Drive project. He stated there had been some concern regarding the Public Utilities Commission, noting the Agency wanted to strengthen the Agreement and put funding sources in place that would guarantee the grade separation, which was a major issue. Mr. Ours stated this agreement settles all the outstanding issues, and now the Agency, together with the Bridge District and the County of Marin, will go before the PUC with a united front to obtain the grade crossing. Member Cohen moved and Member Heller seconded, to adopt the Resolution. RESOLUTION NO. 96-44 - RESOLUTION APPROVING AMENDMENT TO SETTLEMENT AGREEMENT SRRA MINUTES (Regular) 5/6/96 Page 4 SRRA MINUTES (Regular) 5/6/96 Page 5 SETTLING LITIGATION BETWEEN THE CITY OF SAN RAFAEL, SAN RAFAEL REDEVELOPMENT AGENCY, COUNTY OF MARIN, MARIN COUNTY TRANSIT DISTRICT AND GOLDEN GATE BRIDGE DISTRICT AND PROVIDING FOR EASEMENTS RELATED TO THE FORMER NORTHWESTERN PACIFIC RAILROAD MAINLINE RIGHT-OF-WAY IN CENTRAL SAN RAFAEL (Re: Andersen Drive Extension). AYES: MEMBERS: Cohen, Heller, Phillips & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None 10. REPORT ON ECONOMIC DEVELOPMENT SITE LOCATION LIST (RA) - File R-363 Acting Executive Director Ours reported a number of objectives were developed in the Strategic Planning Session, and the first economic objective was to map potential sites. He stated this information will be included in the package being put together for the Economic Vision, noting constraints and funding will also be presented soon. Mr. Ours presented a map which had been color -coded to show potential development sites, or sites with some potential for expansion, throughout the City. He noted these sites only show areas of potential development, and nothing has yet been scheduled for these sites. Chairman Boro noted the staff report detailed each parcel by address, FAR (Floor Area Ratio) , and building range, as well as what currently exists on the site. Mr. Ours stated this is background information for the Economic Vision, in order to begin that process. Member Phillips thanked Mr. Ours for laying out the information in such a way that they could distinguish these parcels on a map and get a clear understanding of the sites that are not fully developed. Chairman stated the Agency would accept the report without motion. 11. AGENCY MEMBER REPORTS: REPORT RE: SEE'S CANDIES REMAINING DOWNTOWN - File R-140 #8 Chairman Boro read a letter he had received from Charles N. Huggins, President of See' s Candies, which stated they will remain in Downtown San Rafael indefnitely. . Chairman Boro stated he was pleased to share the letter with the audience and the press. There being no further business, the meeting was adjourned at 7:55 PM JEANNE M. LEONCINI, AGENCY SECRETARY SRRA MINUTES (Regular) 5/6/96 Page 5