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HomeMy WebLinkAboutCC Minutes 1997-07-07SRCC MINUTES (Regular) 7/7/97 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 7, 1997 AT 8:10 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Also Present: Suzy Golt, Assistant City Manager Gary T. Ragghianti, City Attorney Patricia J. Roberts, Deputy City Clerk CLOSED SESSION - 7:00 PM: None RE: PLANNING COMMISSION APPOINTMENTS - File 9-2-6 Mayor Boro announced that the City Council, at a special meeting, voted unanimously to reappoint Richard O'Brien and appointed Teresa Smith to four-year terms on the Planning Commission. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM None CONSENT CALENDAR: Councilmember Miller moved and Councilmember Cohen seconded, to approve the following Consent Calendar items: ITEM: RECOMMENDED ACTION: 1. Approval of Minutes of Regular Meeting of Monday, Approved as submitted. June 2, 1997 (CC) 2. Request for City of San Rafael Participation Council voted unanimously to as Amicus Party: (CA) - File 9-3-16 participate as amicus party. a. Case Name: Rider v. Citv of San Dieao California Supreme Court Case No. 5058956 4. Resolution Renewing Agreement with Bright Star RESOLUTION NO. 9872 - Security for Security Services at Third & "A" RESOLUTION AUTHORIZING THE Streets Parking Structure (Current Agreement MAYOR TO EXTEND THE EXISTING Through June 30, 1997) (RA) AGREEMENT FOR SECURITY - File 4-3-282 SERVICES AT THE THIRD & "A" STREETS PARKING STRUCTURE WITH BRIGHT STAR SECURITY, INC. FOR AN AMOUNT NOT TO EXCEED $38,000. 5. Vista Marin: (P1) - File 5-1-332 x 10-3 x THIS ITEM WAS REMOVED X 10-5 X 10-7 FROM THE AGENDA. (a) Resolution to Certify Negative Declaration for 49 Single-family Residential Units (5 of the 49 Units are Proposed as Below Market Rate Units) Off of Scettrini Drive; AP No. 180-124-02; R. Scettrini, Owner; David Schemel, Representative. (b) Resolution to Approve Use Permit, Design Review and Tentative Subdivision Map for 49 Single-family Residential Units (5 of the 49 Units are Proposed as Below Market Rate Units) off of Scettrini Drive; AP No. 180-124-02; R. Scettrini, Owner; David Schemel, Representative. 6. Irwin Street Drainage Improvements: (PW) RESOLUTION NO. 9873 - Resolution Accepting a Drainage Easement on Lands RESOLUTION ACCEPTING A of Golden Gate Bridge, Highway and Transportation DRAINAGE EASEMENT ON LANDS District, AP #13-041-34, and Authorizing Execution OF GOLDEN GATE BRIDGE, of Agreement - File 2-4-21 x 112-2 HIGHWAY AND TRANSPORTATION DISTRICT, APN 13-041-34, FOR IRWIN STREET DRAINAGE IMPROVEMENTS, AND AUTHORIZING EXECUTION OF AGREEMENT. 7. Resolution Authorizing Execution of MARINet Joint RESOLUTION NO. 9874 - Powers Agreement with the County of Marin, the RESOLUTION AUTHORIZING THE SRCC MINUTES (Regular) 7/7/97 Page 1 SRCC MINUTES (Regular) 7/7/97 Page 2 Belvedere -Tiburon Library Agency, and the Cities SIGNING OF A JOINT EXERCISE of Mill Valley and Sausalito (Lib) OF POWERS AGREEMENT WITH - File 4-13-100 x 9-3-61 x 12-8 THE COUNTY OF MARIN, THE BELVEDERE -TIBURON LIBRARY AGENCY, AND THE CITIES OF MILL VALLEY AND SAUSALITO TO PROVIDE FOR OWNERSHIP, OPERATION, GOVERNANCE OF AN ONLINE LIBRARY SYSTEM AND TO PROVIDE VARIOUS LIBRARY SERVICES COOPERATIVELY. 8. Resolution Authorizing Use of Park and RESOLUTION NO. 9875 - Recreation Facilities Funds for Boyd Park, RESOLUTION AUTHORIZING USE Phase I, In Amount of $41,726 (Rec) OF PARK AND RECREATION - File 236 x 9-3-66 x 2-1-9 x 8-14 x 12-5 FACILITY FUNDS FOR BOYD PARK PHASE ONE IN THE AMOUNT OF $41,726. 9. Resolution Authorizing Use of Park and RESOLUTION NO. 9876 - Recreation Facilities Funds for Albert Park RESOLUTION AUTHORIZING USE Lonatese Garden, In Amount of $35,000 (Rec) OF PARK AND RECREATION - File 9-3-66 x 8-14 x 12-5 FACILITY FUNDS FOR ALBERT PARK LONATESE GARDEN IN THE AMOUNT OF $35,000. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Cohen, from minutes of 6/2/97 only, due to absence from portion of meeting. The following item was removed from the Consent Calendar for further discussion: 3. RESOLUTION AUTHORIZING THE SIGNING OF A HOME LOAN AGREEMENT WITH CAMERINO SANCHEZ, CHIEF OF POLICE (CM) - File 4-10-302 x 9-3-30 Councilmember Phillips noted Item #10 of the Home Loan Agreement states the Note shall be due and payable in full 6 months following of the first of any of the special circumstances that should occur, yet the Note itself states principal and interest shall be due and payable in full 9 months following any such occurrence. Mr. Phillips suggested following the Home Loan Agreement, which specifies 6 months. City Attorney Ragghianti stated the Agreement would be changed to read 6 months, noting the designation of 9 months was inadvertently used because that was the language used in the City Manager's Home Loan Agreement. Mr. Phillips noted he did not realize the 9 month time period had been established for the City Manager's agreement, and stated he felt the two agreements should be consistent; therefore, he suggested the Home Loan Agreement be revised to specify 9 months rather than six. Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution authorizing the signing of a Home Loan Agreement with Camerino Sanchez, Chief of Police, as amended. RESOLUTION NO. 9877 -RESOLUTION AUTHORIZING THE SIGNING OF A HOME LOAN AGREEMENT WITH CAMERINO SANCHEZ, CITY POLICE CHIEF (As Amended; Item #10 of Home Loan Agreement Changed to Read, "It Is Further Agreed That The Principal Plus All Accrued Interest Shall Be Due and Payable in Full Nine (9) Months Following The First To Occur Of Any Of The Following:"). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS: 14. REQUEST BY HARRY WINTERS, WEST END NEIGHBORHOOD ASSOCIATION, FOR PUBLIC ACCESS ALONG TERRACE LANE (CA) - File 13-14.1 x 10-2 x 11-1 Mayor Boro stated that earlier this afternoon he had participated in a discussion with representatives of one of the property owners, Mr. and Mrs. Bradshaw and their attorney, Mr. Finci, and Councilmember Miller had a discussion with Mr. Winters. He reported both parties had agreed to meet as quickly as possible, hopefully within the next week, to discuss this issue and see if some common ground could be found to help resolve the issue, explaining that if the issue was not resolved, it would then be brought back to Council. Harry Winters, representing the West End Neighborhood Association, reported his Association had initiated this Agenda Item, which involves a dispute over neighborhood access on Terrace Lane. Mr. Winters noted late this afternoon the City had arranged a meeting between the neighborhood, Mr. and Mrs. Bradshaw, SRCC MINUTES (Regular) 7/7/97 Page 2 SRCC MINUTES (Regular) 7/7/97 Page 3 who dispute Terrace Lane access, and the City. Mr. Winters stated he welcomed any means of providing such access to the neighborhood; however, at this last minute he had not been able to consult with the Association' s Board of Directors. He stated he was willing to assume they would agree with him, providing they can name at least two of their representatives to the negotiating committee. Mr. Winters pointed out that if there is no satisfactory access agreement by the parties, the Association fully expects that this matter will be rescheduled at a future hearing. Mayor Boro stated the Association was welcome to appoint two members to the subcommittee, which would also include Mayor Boro and Councilmember Miller representing the City, and Mr. Finci and Mr. and Mrs. Bradshaw. Mr. Winters asked what the timeframe would be for this meeting? Mayor Boro stated telephone calls would be made in the morning in an attempt to set up the meeting for this week. Mr. Winters stated he would try to set things up with his Directors, but they may have to do it next week. Mayor Boro noted he and Mr. Finci would both be out of town next week, so he would like to try to have this accomplished this week. Mr. Winters stated at least there was an understanding that if the negotiations did not work, then the Association could come back before Council, and noted the Association appreciated the fact that the City has finally recognized that it has a responsible role in this issue. Mayor Boro stated the City had a responsible role to all parties, and is trying to see if there is a way to resolve the issue. SPECIAL PRESENTATIONS: 10. INTRODUCTION OF CINDY MOSSER, ACCOUNTANT (Admin. Svcs.) - File 9-3-20 Administrative Services Director Ken Nordhoff introduced Cindy Mosser, the new Accountant in the Administrative Services Department. He reported Ms. Mosser was born in Alabama, moved to Los Angeles in the 19801s, and spent time as an Office Manager while going to school at Cal State Los Angeles. He stated she has a Bachelor's Degree in Business Administration, has become a Certified Public Accountant, and most recently moved to Martinez. Mr. Nordhoff stated Ms. Mosser has been with the City for approximately one month, and will be responsible for a lot of the daily banking activities, such as reconciliations and month-end accounting, and is currently deeply involved in closing the books and working on the year-end audit. 11. INTRODUCTION OF TWO NEW POLICE LIEUTENANTS, DAVID JOHNSON AND JOHN ROHRBACKER, AND SIX POLICE CHAPLAINS (PD) - File 9-3-30 Police Captain Costa reported the Police Department began implementing a Chaplain Program last September, which came to fruition in May of this year. He stated the people involved in the program are all volunteers, and have been doing a very good job, providing spiritual guidance to the Police Officers and people in the community. He noted they all have pagers, so there is always someone on call, and they have also been riding along with the Police Officers. Captain Costa introduced Bill Barry, Christian Church, Bob Merwyn, Church of the Open Door, Abraham Thomas, First Presbyterian Church, Jan Hegman, Church of Our Savior, and leader Will Melkin, Trinity Community Church. Captain Kosta noted Neal Humphrey, First Baptist Church, was unable to attend the meeting. On behalf of the City, Mayor Boro thanked the Chaplains for assuming the responsibility as volunteers to the City, stating their work would be very well received. Lieutenants David Johnson and John Rohrbacher were unable to attend the meeting. PUBLIC HEARINGS: 12. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF AN ORDINANCE RE -ZONING THE PROPERTY FROM PD (PLANNED DEVELOPMENT) DISTRICT TO PD (PLANNED DEVELOPMENT) DISTRICT FOR 49 SINGLE FAMILY RESIDENTIAL UNITS (5 OF THE 49 UNITS ARE PROPOSED AS BELOW MARKET RATE UNITS) OFF OF SCETTRINI DRIVE; AP NO. 180-124-02; R. SCETTRINI, OWNER; DAVID SCHEMEL, REPRESENTATIVE (Vista Marin) (P1) - File 5-1-332 X 10-3 X 10-5 X 10-7 THIS ITEM WAS REMOVED FROM THE AGENDA AT THE REQUEST OF STAFF. SRCC MINUTES (Regular) 7/7/97 Page 3 SRCC MINUTES (Regular) 7/7/97 Page 4 13. PUBLIC HEARING - GENERAL PLAN AMENDMENT (GPA96-3) TO CHANGE A PORTION OF THE PUBLIC/QUASI-PUBLIC LAND USE DESIGNATION TO LOW DENSITY RESIDENTIAL, ZONE CHANGE (ZC96-6) TO AMEND THE PLANNED DISTRICT ZONING TO ALLOW FOUR ADDITIONAL RESIDENCES, TENTATIVE SUBDIVISION (TS97-2) TO DIVIDE THE EXISTING PARCEL INTO FIVE PARCELS (FOUR RESIDENTIAL PARCELS AND ONE NON-PROFIT PARCEL), USE PERMIT AMENDMENT (UP96-57) TO ALLOW FOUR ADDITIONAL RESIDENCES, ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED96-140) FOR FOUR SINGLE FAMILY RESIDENCES, AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED97-7) FOR A PERMANENT BUILDING FOR NON-PROFIT USES; 70 SKYVIEW TERRACE; AP NO. 165-230-22; COMMUNITY SERVICES OF MARIN, OWNER; WATERFORD ASSOCIATES, REPRESENTATIVE; FORSHER + GUTHRIE, REPRESENTATIVE (Montevideo Terrace) (P1) - File 5-1-327 x 115 x 10-3 x 10-5 x 10-7 x 10-8 Mayor Boro opened the Public Hearing and asked for a staff report. Interim Planning Director Sheila Delimont reported this project first came before Council in 1995, at which time they approved the Master Plan for 19 single-family lots, a lot for 2 BMR units, and a lot for non-profit uses. In addition, .6 acres was described as an open play area. She stated this Amendment to the Master Plan would subdivide part of the non-profit lot into four lots for single-family homes, noting the lots would be similar in design and size to the existing Montevideo homes. She stated the temporary modular building, which is located next to the fire road, would also be relocated as part of this application. Ms. Delimont reported there were actually two issues regarding this particular application, which have been partially resolved during the hearing process. She explained one issue has to do with the modular home, stating the neighbors were extremely unhappy with the current location and design, and noting CSCM (Community Services Center of Marin) has worked with the neighborhood to both redesign the unit, and to move it into the interior of the site and tuck it into the hillside. She stated the other primary issue relates to the open play area, noting when this was heard at the Planning Commission some residents were very concerned because they believed they had been promised by the Dixie School District and Easter Seals, which was the original purchaser of the site, that this would be open for public use. She reported the neighbors requested that this application be delayed to give them an opportunity to explore options for obtaining the site. She reported the new homeowners in Montevideo Terrace also attended that hearing, and requested that this area not be made a park, because they were concerned about parking, traffic, and noise. Ms. Delimont stated staff did go back and review the original public hearing record of 1995, reporting the minutes and staff report of that meeting clearly state that the property would be under private ownership, and the City could not require it to be open to the public. She pointed out that at that time the Recreation Department was not interested in obtaining it as a park site, because it was much too small. During the public hearings CSCM also stated they would be willing to work with the neighborhood to share in the maintenance and liability of an open play area, but they could not maintain it open to the public by themselves, and they could not make it a public park on their own. Ms. Delimont stated that while the record is clear that the City did not commit to a park, some residents do feel there was an outstanding promise from earlier negotiations between the School District and Easter Seals. She noted the Planning Commission did recommend, by a vote of 5-1, that Council approve the project, agreeing there had been ample time for the neighborhood to come up with a way to create the play area, but nothing had been done. However, the Commission did recommend that Council might want to delay its approval to allow the neighbors one more opportunity to raise funds. She noted the Commission also suggested there might be some exchange of public benefit for the loss of this play area, and CSCM should consider committing some of the sale proceeds toward deferred maintenance on the campus there. She stated there was no nexus between the current application and the issue of maintenance on the site, as far as requiring that as a condition. Ms. Delimont reported Councilmember Phillips and the applicant have met regarding the issue of the play area, and suggested Mr. Phillips update the Council on how those discussions have gone. Councilmember Phillips stated he had been contacted by some of the neighbors to meet and attempt to reach a compromise regarding the interpretation and understanding some of the community had in regard to the open play area referred to in the assignment by CSCM. He reported they had met on several occasions and had a number of discussion which were extremely helpful. Councilmember Phillips stated he had an idea he felt included provisions that would benefit each of the parties impacted by the park. He reported that while some of the neighbors felt there should be a park, some nevertheless felt it was SRCC MINUTES (Regular) 7/7/97 Page 4 SRCC MINUTES (Regular) 7/7/97 Page 5 beneficial to the neighborhood to have homes built on this particular site, rather than what they considered to be an attractive nuisance creating additional traffic, and perhaps a gather area they might wish to avoid. He stated there was not consensus in the community that there should necessarily be a park, but there was a strong message that in the past when the issue of a possible transfer of ownership arose, there had been discussion about making sure the neighbors, who were giving up a rather large area that was open to them for play, be included in the disposition of the site. Mr. Phillips stated his recommendation to the neighbors, to CSCM, and to Waterford Associates, representing the company that has the option for purchase, was that Waterford would contribute to the City the sum of $60,000, prior to any grading permits, and the $60,000 would be earmarked for site improvement and/or play equipment at the Bernard Hoffman site. He noted the advantage to the neighborhood is that the Bernard Hoffman site, while it is still under consideration by the City at this moment, is likely to be acquired by the City, and the $60,000 from Waterford Associates, along with the sum of $20,000 Mr. Phillips is recommending the City earmark from Parkland Dedication Fees, will make quite an attractive addition to the Hoffman site, which the City would designate for a City park. Therefore, the benefits to the neighbors are that this site is approximately .6 of a mile from the site of Montevideo, it will be an enhancement to the park, and there will be considerable play equipment. He stated he would also recommend the community be involved in the development of the park, its concept, and what the neighbors want to see there. The benefit for the developer is that he will be able to proceed, presuming the Council passes on the motions that have been recommended by the Planning Commission, and the developer will be able to proceed before the weather changes. The benefit to CSCM is that they would be able to proceed with their transaction, which will not only benefit them, but indirectly, the neighborhoods in the community. Mr. Phillips stated that in many ways, we would all come out winners. Mayor Boro thanked Councilmember Phillips for intervening, and for working with the neighbors and property owner. Lonnie Valentine, Chair of the Board of Directors of the Community Services Center of Marin (CSCM), stated they are the non-profit organization that owns Lot 21 at 70 Skyview Terrace. She stated their purpose as a non-profit was to acquire and manage properties for long-term leases to other non -profits at Below Market Rate rents. She noted that with the escalating rental market in Marin County, non -profits are often priced out of their office spaces, and must disrupt the service to their clients while replacement offices are found. She stated CSCM's reason for being was to stabilize those agencies, offering them moderate rents and long leases, and hoping that by co -locating them with similar kinds of agencies on one site, to promote collaborations and efficiencies . She noted CSCM' s Board is a working Board, and has no paid staff , and since their financial picture cannot justify the salary of an Executive Director, all Board Members serve as volunteers. Ms. Valentine noted the staff report states there are four options before the Council for consideration of action, and she quoted from a list of six reasons for urging Council to pursue following Option #1, which is to approve the matter this evening, with or without conditions: 1. "It did not prove possible to follow through on what was intended in good faith two and a half years ago, which was shared use of .6 of an acre as a play area". She pointed out this was to be shared with the children of the Easter Seals Program and the neighborhood, and the reason that had not been possible was because of the issue of liability. She stated that because of liability, a private piece of property, such as CSCM owns, cannot be opened for public use, and still carry liability coverage on it. She stated they were given that advice the moment they took ownership of the property, and as good as the intentions of everyone involved were, those agreements about sharing the use and sharing the liability were unrealistically drawn. Ms. Valentine stated if the public was going to use certain areas, then she believed a public entity should own them, noting it is by their ability to be self-insured with their pooling mechanisms that they can cover that. 2. "Since this vacant lot could not be insured for public use, CSCM then offered the property to the neighborhood for purchase, at market value, with a six month period mutually agreed to, and which expired the end of February". Ms. Valentine stated that offer twice went forward, in writing, to the 99 residences nearest the property, and a community meeting was also held. She stated there was not a flicker of interest from anyone during that time. Ms. Valentine stated this opportunity for purchase followed several others that had preceded SRCC MINUTES (Regular) 7/7/97 Page 5 SRCC MINUTES (Regular) 7/7/97 Page 6 it during the negotiations for purchase that Easter Seals had been involved with in 1991, 1992, and 1993. Ms. Valentine believed it was safe to say there was no neighborhood interest in buying this property. 3. "The sale of these lots will permit our organization to accomplish, at 70 Skyview, landscaping and deferred maintenance items that we badly need now". Ms. Valentine reported when the Dixie School District sold them this thirty year old property "as is", they really meant it, and did not do CSCM any favors. She stated the sooner the sale can be accomplished the sooner they can tackle the work they want to do regarding the infrastructure and the physical site. 4. "Your approval tonight will permit us to make permanent 3,600 square feet of office space, the rental income of which is critical to us to meet our heavy-duty loan obligations. Time is of the essence to us here, as our Temporary Use Permit expires in November". 5. "The majority of neighbors on Montevideo who are closest to the vacant lot endorse this application, and the siting of additional homes on their cul-de-sac. They do not want the additional traffic and parking impacts of a public park at that location, and they worry about the lot's attraction as a public nuisance". Ms. Valentine noted several examples were cited at the Planning Commission hearing. 6. "The ability to subdivide and sell these lots has enormous ramifications for Community Services Center of Marin as an organization trying to further its non-profit charter, as it will bring in badly needed dollars that then can be redirected and find value elsewhere in the larger Marin community". She noted every dollar CSCM realizes goes back to community benefit. Ms. Valentine felt it should be stated the $60,000 being proposed to come to the City for the development of this park equipment area is not being donated totally by the developer. She stated half of that amount of money was being deducted from the sale of those lots, so in effect CSCM will realize $30,000 less from the sale than they would otherwise have, pointing out that was $30,000 that would not go toward furthering their community programs. Ms. Valentine stated she found it interesting and rather sad that there does not seem to be a flicker of an eye about $30,000, which should belong to a non-profit sector, being contributed to the public sector to buy park equipment. However, Ms. Valentine stated that if Council approves the project, with those conditions as a part of it, her Board of Directors have agreed to comply, albeit with great reluctance. She noted Councilmember Phillips had stated the neighbors would be part of developing the concept of what they would like to see at this park, and she asked if there had been any discussion about sharing the burden a little more equitably, and if the neighborhood was interested in perhaps putting their money behind this $60,000 contribution, to perhaps ease the arduous nature of it to the non-profit sector? Paul Barbier, representative of Waterford Associates, stated his company agreed with the staff report and Mr. Phillips' recommendation. Cecile Nielson, resident of the Montevideo neighborhood, stated if Waterford Associates is willing to donate $60,000 for tangible items, such as play equipment for the Bernard Hoffman field, and if the City is willing to commit $20,000, for a total of $80,000, she felt it was in the best interest of her community to accept the monies for tangible items at Bernard Hoffman, agree to let the re -zoning take place, and allow the residences to be built there. She stated the monies should be placed in a separate account for the purposes of developing a play area. Ms. Nielson urged Council to establish a committee to spearhead the Bernard Hoffman play area, and asked that this committee have as members some of those who initially opposed this project. Dennis Fritz, resident of the Montevideo neighborhood, stated this was an opportunity to bring the issue to a close in a way that works to the benefit of as many people as possible. He stated he would lend his support to this project, and was very happy to see how this was evolving, noting that while he would have liked to see the neighborhood maintain a park, given the current circumstances, he saw this as probably the best solution that could have been reached. Mr. Fritz felt it was important that in order for the neighborhood to feel that they have gotten something out of this, it had to be tangible, and the combination of the money offered by Waterford Associates, part of which is from CSCM, along with the contribution from the City, gives an amount that should be tangible, so the neighborhood can go down to the Bernard Hoffman field and actually point to the area as something they got in lieu of a park in their neighborhood. Mr. Fritz stated this had been a frustrating process for everyone, and he could SRCC MINUTES (Regular) 7/7/97 Page 6 SRCC MINUTES (Regular) 7/7/97 Page 7 see where virtually all parties felt this had been a rough road, and that they had not been heard. He suggested to Council that in the future there should be a person within the City who acts as an expert or advisor to the neighborhoods, because in thinking about why this project had fallen apart and why there had been so much miscommunication, he noted that in looking at the various players, such as Dixie School District, the developers, the non -profits, most of them are fairly well organized institutions, and they all have their leadership and experts they can call upon. However, during a Planning Commission meeting, one of the Commissioners had a question about making a decision, and had to turn and asked staff if the Commissioners had the right to make the decision. Mr. Fritz noted people in the community do not view a lot of the terms being used in the strict legal text that a City or developer might use them, pointing out they might have an intuitive sense of what it means to have a park versus an open play area, thinking it means a small park, when it actually means something very different. He stated if there was someone available within the City who could serve the kind of role in the community that staff does to the Planning Commission, or that the lawyers do for the developers, some of the things that went wrong might not have happened, such as inconsistent notification of neighbors. He pointed out Marin County, and San Rafael in particular, do a tremendous job of trying to work closely with the communities to make things work, noting everything about this particular project went very well, except for the issue of the park. Mayor Boro acknowledged the City had erred on the issue of notification, and is doing everything it can to make sure that does not happen again. However, he pointed out the City could not be involved in every issue that transpires within the community, and noted the agreement initially was between the Dixie School District and Easter Seals, and the City was not a party to that and, therefore, was not in a position to enforce or interpret it. Richard Nielson, resident of the Montevideo neighborhood, suggested Council change the Ordinance or whatever statute impacts the rule on giving notice. He stated that giving notice within 300 feet of a major redevelopment was inadequate, noting it might be adequate when a neighbor was going to add a room onto his house, but when there is a major development, there had to be more notice. He suggested Council review this issue with the City Attorney and develop adequate notification provisions. stating that would have ameliorated a lot of problems that existed in this case, going all the way back to 1993 and 1995. He agreed the City could not take part in issues that took place between private individuals; however, the City had a responsibility to the community to keep them informed of anything major going on in their community, because the City does validate and approve the General Plans and Master Plans, and is in the driver's seat when it comes to giving notice. Mr. Nielson stated he was also in agreement with where this issue stands at the current time. However, he pointed out the staff report states that CSCM indicated they would be willing to share in the maintenance and liability of the open play area, and stated he was not aware of that statement actually being made by CSCM back in 1995, noting it certainly was not being made now, today. He felt Ms. Valentine had clearly stated what CSCM' s position is, and that they are not going to partake in any open play area. Mr. Nielson stated the alternative given to the community now was twofold; either the community buys the land, or the City lets the development of the four homes take place. He stated the community had not been given the opportunity to consider a third option of shared responsibility, which had been promised a long time ago. Mr. Nielson felt the record should be clear in what was before the community, and what was now before the City Council, noting that of the two alternatives, and absent going to court, litigating the issue, and enforcing the agreement between the Dixie School District and Easter Seals, which was ultimately assigned to CSCM, he was in support of the agreement. Referring to Ms. Valentine's statement that no one was blinking an eye or shedding a tear for CSCM because they ultimately have to come up with $30,000, he noted CSCM had not walked into that assignment blindly, stating they had their advisors and they knew what they were getting into; therefore, for them to say they did not understand or have an idea what was in the agreement between Easter Seals and the Dixie School District was hard for him to believe. In fact, Mr. Nielson stated he understood that several months before they entered into that assignment they approached the Dixie School District and asked whether they would oppose changing Lot #21 to allow the development of four homes, and Dixie School District wrote back and told them "No"; our understanding of the agreement was to have an open play area. Mr. Nielson stated he felt the record was now straight, and he was willing to support earmarking and designating something tangible for the community at Bernard Hoffman. SRCC MINUTES (Regular) 7/7/97 Page 7 SRCC MINUTES (Regular) 7/7/97 Page 8 There being no further public comment, Mayor Boro closed the Public Hearing. Councilmember Cohen stated the comments about what has happened to lead us to this point, and about the importance of everyone being clear on what we are doing and what we are saying, and what we really mean by what we are saying, are very well taken. He stated it was equally important to be clear about what the expectations are for Bernard Hoffman. He noted staff was aware that Bernard Hoffman, in itself, was a project underway by the City, and in response to a comment by Ms. Valentine that the City and the community should be putting something forth, he pointed out the City was, in fact, putting forward $350,000 to purchase the Bernard Hoffman field from the Dixie School District. He noted School Districts are getting out of the recreation business, and if they do not need a site for a school, they are going to sell it off for development unless someone else intercedes. He stated that was under consideration for Bernard Hoffman, as well as Oak View, until the City reached the agreement to purchase the site from the Dixie School District, so the City and the taxpayers of the community are now putting up $350,000 to purchase the site, and retain it as a recreation area. Mr. Cohen reported part of the commitment made there leads to his concern, which is that the City work very closely with the San Rafael Girls Softball League, primary users of the two softball diamonds, and in supporting the proposal to purchase the Bernard Hoffman site, in return for the City's commitment to purchase that site and retain it as a recreation facility and retain those two softball fields available for their use, the San Rafael Girls Softball League has made a commitment, in writing, to provide $7,000 per year, in cash or in kind, in maintenance service over and above the service they already provide, and to maintain the softball diamonds themselves. Mr. Cohen noted the details of that are currently being worked out with the Recreation Director. Mr. Cohen stated one of the concerns the League had was that they would have some primacy of use, particularly related to the fields themselves, noting for example there was a particular concern about the High School Junior Varsity Girls Softball team that comes over and practices, and they wanted to make certain they had some rights. Mr. Cohen stated if they are the ones putting up $7,000 per year in their own efforts, such as mowing the field, we need to be sure that it will be possible to do a play structure and the improvements to Bernard Hoffman that are anticipated with this $60,000, in such a way that it will not conflict with the softball use. He stated having just reached an agreement with a community based group to maintain these fields, it was important that the City not turn around and go back on that in the interest of resolving this "instant crisis". Mr. Cohen stated he felt it was possible for these to be compatible uses, but he wanted to be clear what we are talking about. He asked the Recreation Director to share her thoughts on this, and the things she has been looking at. Recreation Director Sharon McNamee noted she had reviewed the kinds of things that might fit on the Bernard Hoffman fields, and what they might cost, keeping in mind the budget we will be using. She felt the City could do something of a small nature, either at the hillside behind the fields, where there is a small space on the east/southeast corner, and could do something for $80,000, with approximately $20,000 being used for site preparation, and $40,000 to $45,000 for actual playground equipment and installation. She believed the City could do something reasonable, not a large facility, and stating she would be happy to work with the committee in designing what this would look like. Councilmember Heller asked what it would cost the City for annual upkeep on a play area? Ms. McNamee reported a playground requires trash pick-ups, cleaning and inspections be done regularly for safety, and she did not know what that took. She stated the City had not discussed this idea with the Girls Softball League, as it was brand new, and whether they would be willing to incorporate that, or how we could involve both their energies and the Park Department's, noting we were still working on those details. Mayor Boro stated that as this project goes forward, it would seem reasonable that the neighbors who spearheaded the effort to get us to this point would also spearhead some type of effort to help assist, not only in bringing this park together, but also in the maintenance going forward, to make this a true community project. He noted we have done a number of parks in the City, and there has been very little input, financially, from the City, pointing out it has primarily been work done on behalf of the members of the community. He stated whether it be direct fundraising or helping with the construction, there were a lot of ways to reduce the cost and bring this in. He asked that we think about this, noting his worst expectation would be to build this site SRCC MINUTES (Regular) 7/7/97 Page 8 SRCC MINUTES (Regular) 7/7/97 Page 9 and then have it fall into disarray, stating we have to make sure that once we develop it, it stays. He suggested that the committee be composed of not only those members of the community who support the play area, but also those who were opposed to it, along with representatives from the Girls Softball League, noting they should be part of what is happening so that their interests are protected, as well. Referring to an earlier question by Ms. Valentine, Councilmember Phillips stated he believed each of the players had felt some pain, noting the City will contribute money and perhaps assume the liability for maintenance; the neighbors are sorely disappointed in many ways, which Mr. Phillips felt was somewhat justified; and the developer has an additional sum of money that he is going to have to contribute. Therefore, Mr. Phillips believed there are players who have given up something, and noted perhaps that was something to be expected if there are four different parties of opposing viewpoints coming to a common point of agreement. He stated he hoped Council would see the benefits of the new proposal. He noted this was going to cost each of the players a certain amount of money, but hoped Ms. Valentine could look, as consolation, at the overall benefit and goodwill CSCM will derive from the park being developed. Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution certifying a Negative Declaration. RESOLUTION 9878 - RESOLUTION CERTIFYING THE NEGATIVE DECLARATION FOR A ZONE CHANGE (ZC96-3), TENTATIVE MAP (TS97-2), MASTER USE PERMIT (UP96-57), AND ENVIRONMENTAL AND DESIGN REVIEW PERMITS (ED96-140 AND ED97-7) FOR THE DEVELOPMENT OF FOUR SINGLE-FAMILY RESIDENTIAL UNITS AND A PERMANENT BUILDING FOR NON-PROFIT USE KNOWN AS MONTEVIDEO TERRACE; 70 SKYVIEW TERRACE; (APN 165-230-01 THROUGH 22). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution adopting a General Plan Amendment. RESOLUTION 9879 - RESOLUTION ADOPTING GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION ON A PORTION OF LOT 21 OF THE MONTEVIDEO TERRACE SUBDIVISION FROM PUBLIC/QUASI-PUBLIC TO LOW DENSITY RESIDENTIAL (APN 165-230-22) (GPA96-3). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE PD (PLANNED DEVELOPMENT - ORDINANCE NO. 1686) DISTRICT TO THE PD (PLANNED DEVELOPMENT - ORDINANCE NO. 1711) DISTRICT (RE: ZC96-5, 70 SKYVIEW TERRACE, AP NO. 165-230-01 THROUGH -22) (LOT 21, MONTEVIDEO TERRACE SUBDIVISION)" Councilmember Cohen moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance 1711 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution amending the Master Use Permit and approving the Tentative Map and Environmental and Design Review Permits, as amended to include additional conditions. RESOLUTION NO. 9880 -RESOLUTION APPROVING THE TENTATIVE MAP (TS97-2), MASTER USE PERMIT (UP96-57, AND ENVIRONMENTAL AND DESIGN REVIEW PERMITS (ED96-140 AND ED97-7) FOR FOUR SINGLE-FAMILY RESIDENTIAL UNITS AND A PERMANENT BUILDING FOR NON-PROFIT USE KNOWN AS MONTEVIDEO TERRACE; 70 SKYVIEW TERRACE; (APN 165-230-22) (As Amended To Read, "Prior To The Issuance Of A Grading Permit To The Applicant Or Any Successor In Interest, The Sum Of $60,000 Shall Be Paid To City For SRCC MINUTES (Regular) 7/7/97 Page 9 SRCC MINUTES (Regular) 7/7/97 Page 10 The Sole Purpose Of Acquisition And Construction Of Play Equipment At The Bernard Hoffman Fields. Should The City Not Acquire The Bernard Hoffman Fields, Said Moneys May Only Be Used For The Exact Same Purpose At Any Alternative Site. Additionally, These Moneys May Only Be Used For Capital Improvements And Not For Routine Maintenance Purposes Or For Acquisition Of Other Sites. City To Provide Up To $20,000 From Parkland Dedication Fees"). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None Councilmember Phillips noted there was still the matter of the City earmarking the sum of $20,000 from Parkland Dedication Fees, and he asked if this was to be considered a condition? Mayor Boro stated that was not a condition, and asked Recreation Director McNamee how this would be picked -up? Ms. McNamee noted Council would need to pass a Resolution designating money from one of the specific Parkland Dedication Funds for this site. She stated staff would be bringing forward a plan of all those funds to Council. Councilmember Phillips asked if a Resolution could be prepared for the next Council meeting, earmarking up to a maximum of $20,000 from Parkland Dedication Fees to combine with the $60,000 from the Developer for the intended purposes? Ms. McNamee stated she would have staff prepare the Resolution. Councilmember Cohen noted this had been a difficult situation for all concerned, and commended Councilmember Phillips for his work. Mr. Cohen stated the comments by the neighbors were well taken, and he felt the City needed to spend some time talking about the lessons we could learn from this. He noted, clearly, there was a failure in the notification process that we already have established, whereby the City notifies interested parties. He also felt the issue of a notification broader than 300 feet should be reviewed again to determine what level of notification is appropriate, and suggested Council review this policy with staff. Mayor Boro asked Interim Planning Director Delimont to review the policy and come back before the Council with recommendations. After a short recess Mayor Boro reconvened the meeting. COUNCIL CONSIDERATION: NEW BUSINESS: 15. AUTHORIZATION FOR CITY MANAGER TO NEGOTIATE A PROPOSAL TO SELL THE MENZIES PARKING LOT FOR THE PURPOSE OF DEVELOPING AN OFFICE COMPLEX FOR MARIN COMMUNITY FOUNDATION (MCF) (CM) - File 226 x 9-3-11 x 9-3-84 Assistant City Manager Golt stated the recommendation was to authorize the City Manager to conduct negotiations relating to the sale of the Menzies parking lot, noting the final terms and conditions of the negotiated agreement would come before the City Council for final ratification. Ms. Golt reported the Marin Community Foundation's lease expires in June, 1998, and after undertaking an examination of the pros and cons of leasing versus owning a site, they decided it would make fiscal sense and be prudent to own a building for their office headquarters. She stated Marin Community Foundation engaged a local realtor and conducted an RFP, and the City of San Rafael responded to the RFP. Ms. Golt reported staff has had preliminary discussions with Marin Community Foundation relating to their proposed office headquarters, an office building of approximately 25,000 square feet, which would house their headquarters, and also afford the Foundation the opportunity to offer additional community meeting room spaces, noting they have limited meeting room space in their current Larkspur headquarters, and there is a huge need in the community for additional meeting rooms. Ms. Golt explained the proposal before Council was to build their office on the Menzies parking lot. She noted that because of the proximity of the parking lot to the Falkirk Cultural Center, the Foundation was proposing to engage the services of a historical preservationist during the process, as well as an arborist, noting the Foundation' s goal was to take the lowest possible toll on the trees and landscaping. Ms. Golt reported staff and City Manger Gould have engaged in some preliminary discussions with the Foundation relating to the proposal, and the initial financial discussion has centered on having a proposal of $1.1 million for the sale of the parking lot. Ms. Golt stated SRCC MINUTES (Regular) 7/7/97 Page 10 SRCC MINUTES (Regular) 7/7/97 Page 11 there would be roughly a $300,000 initial investment, which would be an investment in the Falkirk Cultural Center, and the approximate $800,000 remainder of the sale price would be invested to establish an on-going fund, also earmarked for the Falkirk Cultural Center. Ms. Golt stated the initial investment would allow the City to bring the Falkirk Cultural Center building up to Code electrically, and to sprinkler the building. She reported the invested money would provide approximately $40,000 to $50,000 annually, which would then be put into the Falkirk mansion, noting staff has identified a very large list of rehabilitation and maintenance type projects the money could be used for. She stated this money would not be used for programs or staffing, and the City would continue its support of Falkirk from those standpoints. Ms. Golt reported that during the early stages of the discussions the Foundation clearly stated its keen interest in being very pro -active in getting the word out to the community, expressing their interest in the property and sharing information with vital stakeholders in both the parking lot and Falkirk, so it was important to share this information with the immediate neighbors, tenants and homeowners. Ms. Golt stated a series of marathon meetings began last week with key people from the City and representatives from the Foundation meeting with the Elks Club; tenants; the immediate neighbors surrounding the parking lot; the Cultural Affairs Commission; CASL (Cultural Affairs Service League), the group of volunteers who do so many wonderful things at Falkirk; the Marin Historical Society; and Marin Heritage. She noted they had also met with the Chamber of Commerce, and additional meetings were scheduled for this week and well into the month. She stated the whole purpose was to get the word out on what is being proposed, and get input from the stakeholders and neighbors, to hear their questions and concerns. Ms. Golt noted some common themes had come forward in the meetings with these groups, such as a variety of traffic concerns, safety issues relating to the lack of a sidewalk, the size of the building, and lighting issues. Ms. Golt pointed out that all of those issues would be dealt with during the Design Review and Planning processes, and noted the Foundation would have to successfully complete all the Design Review and Planning requirements, as any other proposed development would need to do. Ms. Golt stated there had been many expressions of interest, noting the Cultural Affairs Commission was asking the City to continue its support for Falkirk, and Ms. Golt reported that since the City purchased Falkirk in 1974 we have been averaging approximately $50,000 per year in maintenance type projects. She stated the Marin Historical Society strongly encourages the City to continue its support, asking that we do not rely exclusively upon the Foundation to support Falkirk, and Marin Heritage has expressed that same interest. She reported the Marin Historical Society would also like to encourage the City to devote some of the funding from the sale to the Boyd House and the Museum project. Ms. Golt noted the City would likely hear more from these organizations as the process moves forward. Mayor Boro noted the issue before Council at this time was to give authorization to the City Manager to negotiate the sale, and to bring those details back to Council. He noted Council would address other issues and concerns as we go through the process. Charles Brousse, resident of San Rafael, stated he supported the sale to the Marin Community Foundation, noting this was a wonderful opportunity for the City of San Rafael to have MCF located here. He stated MCF was the primary force behind much of the cultural activity in Marin County, and to have it located in San Rafael would certainly add to San Rafael's prestige. In addition, he felt the advantage to Falkirk could not be underestimated, noting it would be a great opportunity to provide some of the needed. maintenance. Sharon Fox, resident of the Sun Valley area, noted she had a soft spot in her heart for Falkirk, because in 1971 when there had been discussion of taking down the Falkirk mansion and creating offices, her mother was on the Open Space committee and conducted a campaign to save the mansion. Ms. Fox noted she was very pleased to know that the Foundation has stated they would have an historical preservationist. Ms. Fox stated it was important that the wording in the negotiations be very specific and not vague, so a number of things can be protected, such as the style of the building. She noted she would like to see something classy and charming, not a modern building, stating this is a precious cornerstone. She believed the geographical placing was also very important, noting the Foundation has suggested a setback, and she was suggesting even more of a setback, because there is a real impact of the view sloping up to Falkirk, and it was important to protect that. Ms. Fox believed approval should be contingent upon very strict criteria that will ensure that an SRCC MINUTES (Regular) 7/7/97 Page 11 SRCC MINUTES (Regular) 7/7/97 Page 12 architectural and environmental balance of the area will be kept. Paula Forcellis, resident of "G" Street, noted the report she had seen shows there would be 110 parking spaces, with 28 provided for the public, and pointed out there was no indication as to whether these would be parking spaces the public would have to pay for, or if they were going to be free spots, as they are now. She stated she was also concerned about the integrity of the design. Ms. Forcellis asked if the Marin Community Foundation would be taking over Falkirk, or if it would still be run by the City? Mayor Boro stated Falkirk was owned and operated by the City of San Rafael, and that would continue. Ms. Forcellis stated she was also concerned about the traffic, noting Mission Avenue was a very busy street, as was "G" Street because of the Marin Academy, and she was concerned about both parking and traffic. As someone who had been hit by a car two and a half years ago, Ms. Forcellis stated she gets worried any time she sees increased traffic, noting she would hate to see anything happen to one of the students or anyone else in the area. She stated she would be interested in what provisions the City would be taking regarding traffic control in the area, noting she would like to have that issue considered very seriously. Mayor Boro stated he did not believe there would be any charge for parking on the site, noting the Marin Community Foundation had indicated that on weekends and at night the parking lot could be available to the public and the Presbyterian Church, who currently use the lot. As far as the traffic issue, he reported that would all be part of the Design Review and Planning process that will go on at the time this issue comes forward. Allen Hock, resident of Bryn Mawr, stated he lives directly behind the proposed Marin Community Foundation building, and he is very concerned about the size of the building. He stated this would be a very large building, encompassing most of the existing property, and noted there has also been discussion of a 10,000 square foot accessory building in the future. In addition, he stated it was his understanding that the road leading to portions of the Falkirk property would be used as ingress and egress to the Foundation's parking. Mr. Hock stated a three story building was just too much, and it would look into everyone's backyard on Bryn Mawr. He noted he did not believe everyone had been notified, noting the first notice he received had been found on the ground in his entryway, and another one was handed to him. He felt that before any final decisions were made on the authorization to negotiate, the people in the neighborhood should be notified. Mr. Hock felt this issue was being rushed through too fast, and believed another meeting should be held a month from now, with notification being sent by mail to all of the neighbors. Mr. Hock agreed that traffic was a big issue, noting you take your life in your hands when trying to make a left turn onto Mission Avenue, and he felt this proposal was being pushed a little too fast to give authorization to negotiate. He stated more people should be notified through the mail, and urged Council not to give the final go ahead at this time. Assistant City Manger Golt acknowledged that not everyone who was in the general vicinity of the parking lot had been notified as yet, noting the City initially had attempted to provide the Marin Community Foundation with information on tenants or homeowners who lived right next to the parking lot; however, she assured Mr. Hock that as this issue goes forward there were many other stakeholders who would be notified, and the Planning Department will expand their list to notify people within the 300 foot radius. Ms. Golt reported the Foundation did do hand deliveries rather than mail the initial notifications because they wanted to make sure that people were notified, and also because it was difficult to get the names of some of the tenants. She stated that because there will be many more people involved as the Planning process moves forward, the neighbors can expect to be receiving notification through the mail. Referring to Mr. Hock's comment, Ms. Golt acknowledged that the Falkirk driveway might very well be used as an entry and exit, although this is only something that has been discussed at this point, and she does not know how it will end up, noting there is not even a drawing of the proposed building at this point. She stated this was one of the issues that would be reviewed, as would the traffic issues, which many people have raised. Councilmember Cohen referred to the letter of July 1, 1997 from Orion Partners to the City Manager, laying out terms and conditions for the basis of a formal purchase contract, which states, "It is hoped for City Council approval on July 7, 1997". He clarified Council was not ratifying the proposal this evening, they were simply directing the City Manager to negotiate something SRCC MINUTES (Regular) 7/7/97 Page 12 SRCC MINUTES (Regular) 7/7/97 Page 13 along those lines, and then bring it back to Council for final approval. Regarding the content, he noted the documentation needed to make clear that there are to be 28 public parking spaces, and additional parking may be made available after hours, depending on the Marin Community Foundation's needs. He noted the document specifies after hours parking for Falkirk, but that should be expanded to include the Library as well, since after hours the Library patrons take advantage of what is currently employee parking, and he did not feel the document should state only that the parking is limited to Falkirk parking. Mayor Boro agreed, noting there may be residents who use this space as a convenience, but there is no obligation on anyone's part to provide that. However, he did point out the City has employees parking in the lot, and it is the City's obligation to find them alternate parking space in the Downtown. Nickie Simon, community activist, stated a lot of tours are conducted at Falkirk, noting many of the tours come in huge busses, and the busses need to use the parking lot to turn around. She was concerned that if the parking lot is taken away, they might have to do away with some of the tours. Mayor Boro noted a bus could drive through the City Hall parking lot, letting the passengers off the bus so they could walk up the stairs to Falkirk, and the bus could then drive through the parking lot and turn around. Ms. Simon noted some of the people who take the tours are elderly, but Mayor Boro pointed out the bus does not currently drive all the way up to Falkirk. Mayor Boro reported several months ago, Mr. Hartman and Mr. Dobbs toured the Downtown area with Economic Development Director Ours, City Manager Gould, and himself, and discussed the possibility of relocating within the City of San Rafael, as well as other jurisdictions they were looking into at the time, and over the next several months they discussed the idea of the location next to Falkirk, and the concept of building an endowment for Falkirk. Mayor Boro noted the City is the owner of Falkirk and has worked very hard at maintaining Falkirk, but we have not been able to do all of the things that need to be done to the building. He stated that while the City will continue to do fundraising, this proposal will be a great infusion of capital that will really preserve the heritage of Falkirk for the long-term. Therefore, he believed it will truly be a positive step for the City to have the Marin Community Foundation relocate within our City, and particularly at this location, which will, in turn, endow the on-going support of Falkirk. Mayor Boro acknowledged the issues of parking, traffic and design will have to be dealt with, but as the City Manager goes forward with the negotiations, those issues will certainly be discussed. Councilmember Cohen stated he was delighted to have the opportunity to have San Rafael be the home of the Marin Community Foundation, and to do it in such a way as to solve a major problem for the City, and help us preserve such a major asset. Councilmember Cohen moved and Councilmember Miller seconded, to authorize the City Manager to begin negotiations for an agreement to sell Menzies parking lot to the Marin Community Foundation for the purpose of developing office headquarters, subject to final approval of the City Council. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None 16. CITY COUNCIL REPORTS: None There being no further business, the meeting was adjourned at 9:55 PM. SRCC MINUTES (Regular) 7/7/97 Page 13 SRCC MINUTES (Regular) 7/7/97 Page 14 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1997 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/7/97 Page 14