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HomeMy WebLinkAboutCC Minutes 1999-12-20SRCC MINUTES (Regular) 12/20/99 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 20, 1999 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION: 1. Conference with Real Property Negotiator (Government Code Section 54956.8) Property Address: Menzies Parking Lot (Mission Avenue at "E" Street) ; APN 11-162-017 Negotiating Parties: City of San Rafael, a California Municipal Corporation, and MCF Property Holdings, Inc., a California Public Benefit Corporation. Under Negotiation: Instructions to negotiator with respect to price and terms. City Attorney Gary Ragghianti announced no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM None CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Miller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Monday, Minutes approved as December 6, 1999 (CC) submitted. 3. Acceptance of Statement of Disclosure for Michael W. Whipple, Newly -Appointed Planning Commissioner (AS) - File 9-4-3 x 9-2-6 4. Request for Amicus Participation: (CA) - File 9-3-16 Galland v. City of Clovis (California Supreme Court No. 5080670) Accepted Statement of Disclosure for Michael W. Whipple, Newly - Appointed Planning Commissioner. Approved amicus participation. 5. Resolution Authorizing Amendment to Agreement RESOLUTION NO. 10544 with Acclamation Insurance Management Services RESOLUTION AUTHORIZING THE ("AIMS") to Provide Workers' Compensation Claims SIGNING OF AN AMENDMENT TO Administration to the City of San Rafael (MS) THE AGREEMENT WITH ACCLAMATION - File 7-1-31 x 9-6-3 INSURANCE MANAGEMENT SERVICES FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES (from October 1, 1999 to September 30, 2000). 7. Resolutions Honoring Outstanding Achievements in RESOLUTION NO. 10545 - Architectural Design (CD) - File 102 x 9-3-85 RESOLUTION PRESENTING DESIGN AWARDS RECOGNIZING OUTSTANDING ARCHITECTURAL DESIGN FOR THE STRUCTURE LOCATED AT 1101 FIFTH AVENUE. RESOLUTION NO. 10546 - RESOLUTION PRESENTING SRCC MINUTES (Regular) 12/20/99 Page 1 CONSENT CALENDAR (Continued) 8. Resolutions of Appreciation: (PW) - File 102 x 9-3-40 x 9-3-65 x 7-4 N 10 Fwq SRCC MINUTES (Regular) 12/20/99 Page 2 a) George R. Emehiser, Groundsworker II for the Parks Department, Retiring After 30 Years b) Steven Fontaine, Supervising Sewer Maintenance Worker, for 20 Years of Service Report on Bid Opening and Award of Contract to J.K. Merz Construction, Inc. in the Amount of DESIGN AWARDS RECOGNIZING OUTSTANDING ARCHITECTURAL DESIGN FOR LONE PALM COURT LOCATED ON "C" STREET BETWEEN SECOND AND THIRD STREETS. RESOLUTION NO. 10547 - RESOLUTION PRESENTING DESIGN AWARDS RECOGNIZING OUTSTANDING ARCHITECTURAL DESIGN FOR MARIA B. FREITAS SENIOR HOUSING COMPLEX AT ONE TRINITY WAY. a) RESOLUTION NO. 10548 RESOLUTION OF APPRECIATION TO GEORGE R.EMEHISER, GROUNDSWORKER II FOR THE PARKS DEPARTMENT, RETIRING AFTER 30 YEARS. b) RESOLUTION NO. 10549 RESOLUTION OF APPRECIATION TO STEVEN R. FONTAINE, SUPERVISING SEWER MAINTENANCE WORKER, FOR 20 YEARS OF SERVICE. RESOLUTION NO. 10550 RESOLUTION OF AWARD OF $68,000 for City Hall Second Floor ADA Restrooms CONTRACT FOR CITY HALL SECOND Remodel - 2000, Project No. 011-1412-131-8000 FLOOR ADA RESTROOMS REMODEL (Bid Opening Held Tuesday, December 14, 1999) TO J.K. MERZ CONSTRUCTION, (PW) - File 4-1-514 INC. IN THE AMOUNT OF $68,000 (Lowest responsible bidder). Resolution Authorizing Agreement with Marin Community Development Agency for a Block Grant in Amount of $10,000 for Fiscal Year 1999-2000 for Child Care Staff Salaries at Pickleweed Children's Center (CS) - File 4-10-311 Resolution Approving a $50,000 Grant Agreement RESOLUTION NO. 10551 RESOLUTION TO ENTER INTO A CONTRACT WITH THE MARIN COMMUNITY DEVELOPMENT AGENCY AND AUTHORIZES THE MAYOR TO SIGN CONTRACT DOCUMENTS FOR CHILD CARE SALARIES IN THE AMOUNT OF $10,000.00. RESOLUTION NO. 10552 by the Redevelopment Agency to Buckelew Community RESOLUTION APPROVING A GRANT Housing Development Organization, Inc. (RA) BY THE REDEVELOPMENT AGENCY - File 202 x (SRRA) R-173 OF THE CITY OF SAN RAFAEL IN THE AMOUNT OF FIFTY THOUSAND DOLLARS TO BUCKELEW COMMUNITY HOUSING DEVELOPMENT ORGANIZATION, INC. AND MAKING FINDINGS SRCC MINUTES (Regular) 12/20/99 Page 2 SRCC MINUTES (Regular) 12/20/99 Page 3 AND APPROVALS PURSUANT TO THE CALIFORNIA REDEVELOPMENT LAW IN CONNECTION WITH THE UTILIZATION OF AGENCY LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA. 12. Acceptance of Annual Report and Audit from the Approved Annual Report and San Rafael Redevelopment Agency (RA) Audit for San Rafael - File 140 x 8-1 x (SRRA) R-62 Redevelopment Agency. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the agenda for further discussion: 6. RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH ACS ENTERPRISE SOLUTIONS, INC. ("ACS"), FORMERLY BUSINESS RECORDS CORPORATION ("BRC"), FOR TECHNOLOGY SERVICES (MS) - File 4-3-117 x 9-3-20 Mayor Boro stated the Council was being asked to make a budget adjustment for the year 1999/2000, noting staff would return to Council to discuss the long-term prospects of this effort. However, he pointed out staff was also asking for an adjustment of $96,000 for the year 2000/2001, and asked whether Council could wait on that until they have the mid -year adjustment evaluation, and why there was a need to approve the $96,000 at this time? Assistant City Manager Ken Nordhoff explained the only reason for the request was because staff believed the level of service would continue through June, 2001; however, he stated there was no reason staff could not wait, and do this along with other adjustments that will likely occur next June. Mayor Boro asked if there was any disadvantage to the City in not doing this at this time? He noted he did not want to cause any problems with regard to the contractual agreement; however, he felt it seemed logical to consider this when Council looks at other adjustments for that year. Mr. Nordhoff explained the agreement was set up to run through June of this fiscal year, and then run month-to-month next fiscal year; therefore, he did not believe it would create a contractual problem. Mayor Boro asked City Manager Gould if he foresaw a problem in doing that? Mr. Gould stated that would mean that staff would have to bring the item back to Council next June, at mid -point, for further action, noting he could not imagine any scenario under which the City could replace these three BRC systems by next June; therefore, the additional service was absolutely necessary for the remainder of the budgetary period. He acknowledged it was Council's choice, noting staff could do it either way. Mayor Boro referred to the last sentence of the report, which read, "When the mid -year budget review is completed early next year, full analysis of available funds, including impacts related to this action, will be provided". He felt it would make sense to look at everything that will be impacted in fiscal year 2000/2001 at one time. Mr. Nordhoff explained that statement referred to staff coming back to Council in January or February to discuss where things stand at the six-month point. City Manager Gould noted Mr. Nordhoff was referring to re -looking at the Council's allocation for the system migration away from BRC systems, noting staff believed the City might be a half million dollars short, and what Mr. Nordhoff was suggesting was that when staff does the mid -year budget review, Council will be able to see whether or not there is the latitude to make further allocations to get the City off the BRC system. Mayor Boro asked if the $96,000 was a given, not something that was going to be reconsidered? Mr. Gould stated that was correct. Councilmember Miller moved and Councilmember Cohen seconded, to adopt the Resolution authorizing execution of a contract with ACS Enterprise Solutions, Inc., formerly Business Records Corporation. RESOLUTION NO. 10553 - RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH ACS ENTERPRISE SOLUTIONS, INC. ("ACS"), FORMERLY BUSINESS RECORDS CORPORATION ("BRC"), FOR TECHNOLOGY SERVICES (for the 1999/2001 fiscal years). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro SRCC MINUTES (Regular) 12/20/99 Page 3 SRCC MINUTES (Regular) 12/20/99 Page 4 NOES: COUNCIL ERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION: 13. PRESENTATION OF PLAQUES HONORING OUTSTANDING ACHIEVEMENTS IN ARCHITECTURAL DESIGN (CD) - File 102 x 9-3-85 Mayor Boro stated for the first time, the City was presenting design awards. He explained the City Council had, earlier in the year, established a design program to recognize outstanding architectural design and development, constructed since 1993. He announced there were three winning projects being recognized, and thanked the recipients for their work, as well as the City's Boards and Commissions, who worked with them in achieving such great results for the City. He noted there have been many projects in the community over the past five to six years that show exemplary design. Mayor Boro acknowledged several people who had been involved with the Design Award Committee, and thanked Nadine Watts for representing the Federation of San Rafael Neighborhoods; Randy Carter of the North San Rafael Coalition of Residents; Bob Forsher for the Chamber of Commerce; Jeff Kirschmann of the Planning Commission; Cyr Miller representing the City Council; and Ann Crew of the Design Review Board. Mayor Boro first made the presentation to those who had worked on the project at 1101 Fifth Avenue. He explained this was a 76,000 square foot office building across the street from St. Raphael's, noting the building opened in 1998, and its major tenant is software developer Oacis. Mayor Boro noted the building was a unique blend of contemporary and classic forms, which compliment the Albert Building and other surrounding Downtown buildings. He pointed out considerable effort had been made to ensure that the view of the Mission was not obstructed. Mayor Boro stated not only had they achieved that particular goal, but the design was also very unique to their building, and, in a very short time, it was becoming a landmark in the Downtown. Mayor Boro stated their design had set good goals and future direction for future buildings in the Downtown. Mayor Boro presented plaques to Jonathan Parker of Monahan/Parker, owner and developer of the project; to David Israel of BAR, Architects; Fee Munson Ebert, Architects, who was unable to have a representative present, and Richard Hannum, Architect. Jonathan Parker noted this kind of recognition was very unusual, and a nice change. He thanked the City for this honor. Mayor Boro then presented outstanding design awards for Lone Palm Court, located on "C" Street between Second and Third Streets, noting this was a very unique project in many ways. He stated it was an exemplary example of an in -fill project in the Downtown, and of housing in the Downtown (there are 60 units, and 24 are "affordable housing"). Mayor Boro stated its architecture was also outstanding, noting the varied forms, colors, and articulation provide a village -like design for this Downtown apartment complex. Mayor Boro noted this project was a very positive addition to the City's Downtown, with unique and distinct colors. He presented plaques to Jim Schafer, on behalf of Continuum Housing Associates, thanking Mr. Schafer for his leadership in making this project happen; and to the architectural firm of Art Christiani Johnson. Mayor Boro presented awards for the third project, the Maria B. Freitas Senior Housing Complex. He stated this was another example of an excellent in -fill project, one devoted to senior housing, and very affordable senior housing. He noted this project had been quite controversial in the community when it began, but based upon what he has seen and heard, it has settled in well, and is a great addition to the community. Mayor Boro expressed appreciation for the leadership the Archdiocese took in making this site available, and to the developers for bringing the project about. He presented plaques to Mercy Charities, and Rushton-Chartock Architects. John Moyer stated he was honored to be the Chairman of the Board of Martinelli and Maria B. Freitas, which were now combined. He noted Walter and Lou Freitas, who are now approximately eighty-nine or ninety years old, were the remaining two siblings of nine, who, thirty-five years ago, had been asked by the Archdiocese if they could buy ten acres from the family. Mr. Moyer pointed out that Manuel T. Freitas had owned all of Terra Linda, and approximately 2,000 acres in other locations, and he believed the story of the Freitas family was too little known. He noted that at the groundbreaking of Maria B. Freitas, Lou Freitas recalled the Archdiocese SRCC MINUTES (Regular) 12/20/99 Page 4 SRCC MINUTES (Regular) 12/20/99 Page 5 had asked the family if they could purchase 10 acres, and after a family meeting, the family told the Archdiocese they could not buy ten acres, but that the family would give them 10 acres. Mr. Moyer stated he hoped everyone would visit the inside of Maria B. Freitas, see the pictures of the family and what used to be, and learn the story of the Freitas family, which he believed was a big part of Marin County history. Mayor Boro stated he has had the privilege of a tour and learned the history, and he recommended it to everyone. OLD BUSINESS: 14. AMENDMENT TO OPTION AND RELATED AGREEMENTS BETWEEN THE CITY OF SAN RAFAEL, AS SELLER, AND MCF PROPERTY HOLDINGS, INC., AS BUYER, REGARDING MENZIES PARKING LOT AND AUTHORIZATION FOR EXECUTION OF OPTION AND RELATED AGREEMENTS (CM) - File 4-10-309 x 2-1-53 City Manager Gould explained this Option Agreement had gone through a number of iterations since it last came before the Council in January of this year. Highlighting the changes, Mr. Gould recalled that at the beginning of this year, Council was considering offering for sale the Menzies parking lot, adjacent to the Falkirk Cultural Center, to the Marin Community Foundation for new office headquarters, for a purchase price of $1.1 million. He explained the thinking had been that a good portion of that sum, perhaps $750,000, would be immediately spent to install a sprinkler system and upgrade the electrical systems in Falkirk to make it safe, and the rest of the money would be invested long-term for the benefit of Falkirk. Mr. Gould acknowledged that had been a good idea; however, he reported that since that time, the City has learned much more, and now there were alterations to the basic arrangement, which staff wished to propose for Council's consideration. Citing several events which have taken place since this issue first came before the Council, Mr. Gould first reported Hannum Associates had completed the design of the Marin Community Foundation office complex, which was approved by the Planning Commission on November 9th, and has already won an award. In addition, Mayor Boro has had several exploratory meetings with the Marin Arts Council, which is interested in the possibility of co -locating at the Falkirk site, for the purposes of combining with Falkirk to provide enhanced cultural services to San Rafael and Marin. Mr. Gould reported that since then, the Marin Arts Council has received notification from the San Rafael School District that it must vacate its current premises at Gallinas School within the next two years, because of the school's need to use that space; therefore, its need has become much more real. Mr. Gould noted the City had been interested in such an alliance, but there had been no idea how it could be accomplished in order to refurbish the third floor of Falkirk to make way for the Marin Arts Council. However, the Marin Community Foundation expressed interest in such a project, because it was the primary benefactor of the Marin Arts Council, and in addition, saw advantages of co -location at Falkirk. Mr. Gould reported staff had also done a better needs assessment, and found that Falkirk's needs were far greater than expected. Based upon architectural review and cost estimates paid for by the Marin Community Foundation, it has been determined that Falkirk, in addition to the electrical and fire sprinkler upgrades mentioned earlier, also requires significant seismic and utility upgrades, central bracing and foundation repair, re -roofing, drainage, plumbing and security work, partial ADA (Americans with Disabilities Act) compliance, and miscellaneous painting. Mr. Gould reported the estimates to complete all of these repairs and renovations on the mansion were in the range of $1.5 million, and the cost to renovate the third floor for possible tenancy by the Marin Arts Council was estimated to be approximately $400,000. Mr. Gould stated that more recently, at Council's direction, staff had the Menzies parking lot appraised, and according to David Tattersol, the appraiser, its adjusted market value was approximately $798,000, which reflected, in part, the zoning on the property, which is Public/Quasi Public, and not expected to change if the City were to go through with the Purchase Option Agreement. Hence, if the Marin Community Foundation were to build its office headquarters, and then someday decide it no longer needed them, it could not simply sell the property to a Commercial tenant, it would have to seek General Plan changes and re -zoning of the property in order to do so. Mr. Gould stated, based upon those events and new information, staff was suggesting an alteration to the Purchase Option Agreement that came before the Council in January. He explained the total purchase price would remain at $1.1 million; however, $350,000 of that purchase price would be provided SRCC MINUTES (Regular) 12/20/99 Page 5 SRCC MINUTES (Regular) 12/20/99 Page 6 in the form of a grant to the Marin Arts Council for the express purpose of renovating the third floor of Falkirk for a long-term lease. The Marin Arts Council, in turn, would immediately turn that entire sum over to the City, to perform the necessary renovation work; thus, at the close of escrow, the City would have in hand $1.1 million. Mr. Gould stated the Marin Community Foundation has also made an offer to the City of creating a Falkirk Cultural Center Fund, a quasi -endowment, in which the City could deposit all, or a portion, or none of the proceeds of the sale, noting the endowment would generate greater investment income than the City's current investment practices could. He explained the money would be placed in the Fund, at Council's discretion, for the sole and exclusive purpose of benefiting Falkirk, and could be used for no other reason. The Council would have the choice of deciding whether or not it wished to take advantage of this offer, and to what degree the Councilmembers wished to do SO. Mr. Gould reported there have been numerous discussions with the Marin Community Foundation regarding ways in which to accomplish the full renovation of Falkirk, by leveraging the proceeds of the Menzies sale. He stated staff believed, given the magnitude of the work that must be done to protect and sustain Falkirk for decades to come, that it would be a shame to try to do that work piece -meal, and that it would be much better to do it as part of one contract, at one time. Therefore, staff was requesting Council's permission to work with the Marin Community Foundation, to find creative means of financing the full renovation of Falkirk for that purpose. Mr. Gould stated there have also been initial discussions with the Marin Arts Council concerning a possible lease, noting staff felt the City could structure a slightly below market rate lease that would accomplish their purposes, as well. Mr. Gould explained the advantages of these proposed amendments would be that the City would receive significant funds toward major system and safety upgrades at Falkirk, now, and if the City were to proceed in this manner, the mansion would only be torn up once, rather than repeatedly over the next several years. Mr. Gould stated the key was for the City to be able to find attractive financing, with MCF's assistance, to complete the critical renovation within the next few years. Mr. Gould stated staff had reason to believe the City would be able to do so. He stated if the City could accomplish this, then the lease could be structured as described, and the Marin Arts Council could find a new home at Falkirk, noting there would also be benefits to cultural and art goers to have that union in the building. Mr. Gould reported staff would not bring the lease forward until they could show Council the financing for the entire project. He stated staff believed there were extensive opportunities for collaboration and cooperation between the two agencies. Mr. Gould also pointed out that even an investment of the size he described would do little to change the aesthetics of Falkirk; therefore, staff wished to use the next two years to try to do some outside fundraising, which would augment the internal systems upgrades, to improve the finishes of Falkirk, and perhaps its exterior landscaping and gardens, so that the impact would be that much greater. Mr. Gould explained the primary changes to the original Option Agreement involve amendments to the Option Agreement, and the Grant Agreement described earlier. Mr. Gould pointed out that at the Planning Commission meeting there had been a challenge by Allan Hock, who indicated that when the City originally purchased the property for $200,000 in 1976, approximately $56,000 had come from Community Development Block Grant funding, and he questioned whether the City had the legal right to sell the property. Mr. Gould reported staff had researched that issue, and the City does, indeed, have the legal right to sell the property. Regarding financial impacts, Mr.Gould reiterated the property had been appraised for approximately $800,000, and the purchase price would be $1.1 million, of which $350,000 would be the grant that would go to the Marin Arts Council, which would be turned over immediately to the City for the purposes of renovating the third floor. In addition, Council would have the option of putting all, or a portion, or none of the proceeds into the Falkirk Cultural Center Fund. Mr. Gould pointed out that while this was reflected in the staff report, as well as the letter from Dr. Tom Peters, it was not fully reflected in Provision 9 of the Option Agreement; therefore, he noted City Attorney Ragghianti had language he would like to suggest to Council, which would conform the Option Agreement, and give Council that full option. Mr. Gould also pointed out the City needed to adjust the term of the Purchase Option Agreement, because some months have lapsed since the Agreement was negotiated. He reported staff was suggesting that under the SRCC MINUTES (Regular) 12/20/99 Page 6 SRCC MINUTES (Regular) 12/20/99 Page 7 new terms this Option Agreement would expire on March 30, 2000, that the Marin Community Foundation would have until February 1, 2000 if it needed to extend that option period, and that the extension could go until June 30, 2000. Mr. Gould stated staff believed this would give the Marin Community Foundation ample time to exercise the Option and close the escrow. Councilmember Cohen referred to changes to the term, stating he believed there should also be a change to make Paragraph 1.4 consistent with the change Mr. Gould just mentioned; therefore, Paragraph 1.4 should read, "Seller hereby acknowledges receipt from Buyer of Ten Dollars ($10.00) and acknowledges that such payment, together with the covenants and obligations of Buyer contained herein, constitutes sufficient consideration for Seller's grant of the Option for the period from the date hereof through March 30, 2000. Mr. Gould agreed. Mayor Boro invited Dr. Tom Peters to address the Council. Dr. Tom Peters, President and CEO of the Marin Community Foundation, expressed appreciation for Mr. Gould's summary of the thorough set of discussions MCF has had with staff, and his discussions with each of the Councilmembers. He stated Marin Community Foundation sincerely felt that the project, having come through a rigorous review by the Design Review Board, as well as the Planning Commission, was a better project as a result of that review and adjusting to the input from members of the public, as well as the Commissioners involved. He noted they were also comfortable with the negotiations as they have been summarized by Mr. Gould. Dr. Peters stated the Marin Community Foundation would be honored to be able to move their headquarters to San Rafael, and to participate, not only generally in the renaissance of Downtown San Rafael, but specifically in the development of the cultural corridor. Councilmember Cohen stated he was delighted to see this moving forward, and looked forward to welcoming the Foundation. He noted he wished to clarify that it was the City's understanding that the intent was that the General Plan designation for this property was, and would remain, Public/Quasi Public, which would limit its use in the future, without a General Plan amendment, and if, for example, Marin Community Foundation decided the building no longer suited its purposes, it would be limited to some other similar Public/Quasi Public non-profit administrative type of use, as opposed to sale on the open market as commercial office space. He asked whether that was consistent with MCF's understanding? Dr. Peters stated it absolutely was, emphasizing that Marin Community Foundation had every intention of this being its permanent home. He stated he understood raising the contingency, noting there could always be a hypothetical situation; however, he wished to stress to the Council, as he had to the Planning Commission, that it is the Foundation's absolute intention that this be their permanent home. He recalled they had been through a long and complex process to certify that interest and determination, and they explicitly accepted and understood that the zoning for the parcel was exactly as stated. Mr. Cohen stated he had not meant, in any way, for his question to be interpreted as though he felt Marin Community Foundation had done anything to imply they intended anything else, other than to have this be their home, and the City was delighted to see it that way. Mayor Boro noted there were a number of Cultural Affairs Commissioners and staff present, and invited a representative from the Cultural Affairs Commission to address the Council. Linda Spackman, Chairperson of the Cultural Affairs Commission, stated the Commissioners wished to recognize and share their appreciation to the City Council, City Manager Gould, and City staff for their tremendous time and effort on behalf of Falkirk, and their negotiations, vision, and hard work on behalf of the proposed amendment with Marin Community Foundation. She noted the proposed amendment set a new stage, which will enable Falkirk to realize its full potential as a cultural center for greater San Rafael. She stated this was something the Cultural Affairs Commission truly believed in, and they looked forward to putting their expertise and energy behind this vision and need. Ms. Spackman stated the Commission also welcomed the Marin Community Foundation, as a neighbor in the City's cultural corridor, and as a community partner. Councilmember Miller stated he saw, in this project, the future, the present, and the past. The future was in the relationship between government and the civil sector, that works for the progress of the people; the future, in that the building will be an icon of the future, using to the full the elements of this earth, to economical and environmental SRCC MINUTES (Regular) 12/20/99 Page 7 SRCC MINUTES (Regular) 12/20/99 Page 8 advantage. For the present, the project wells up from the strong and giving heart of the community, and from the philanthropy administered by the Marin Community Foundation, and it is rooted in our great and glorious past, with the renovation of historic Falkirk, bringing history alive in its present use, and the continued public art to be fostered by the Marin Arts Council. Mr. Miller stated he saw this as probably one of the premiere projects that the Council is able to vote on, and he believed it spoke well of the community. Councilmember Heller stated she agreed with Councilmember Miller's statements, noting it would help the City with Falkirk, a "Grand Old Lady" which needs a little bit of refurbishing. She stated this was a very nice project for the City, and the entire community. Councilmember Phillips welcomed MCF, and expressed appreciation for Dr. Peters, and the time he spent going through the Agreement with him, so he could better understand it, and feel comfortable with the provisions. More importantly, he welcomed Dr. Peters and the Marin Community Foundation as a neighbor and proponent of the City, stating he believed this would be a great match, and looked forward to having MCF in San Rafael. He thanked MCF for selecting San Rafael. Mayor Boro pointed out that Falkirk was celebrating its twenty-fifth anniversary as a City building, and everyone felt it was a true asset to the City, something that was truly unique. He noted the City has struggled long and hard in order to maintain Falkirk and keep it going, and he believed this project would do nothing but enhance that building, not only physically, but in its use to the community. Mayor Boro stated he appreciated very much Dr. Peters stating it was an honor to come to San Rafael, noting the City was very honored and pleased to have Marin Community Foundation here in San Rafael, and he looked forward to the day when the first shovel of dirt is turned over, and when the ribbon is cut eight months later. Mayor Boro thanked staff for all their effort and hard work, and City Manager Gould and City Attorney Ragghianti for the hard work they put into this project, as well. Councilmember Cohen noted Council had in front of them a Resolution approving the signing of the revised Option and Easement Agreements, and authorizing the City Manager to execute same. Mr. Cohen felt the following changes should be referenced: first, the changes in date, in Paragraph 1.2 with regard to the term of the Agreement, and Paragraph 1.4 with regard to the term of the Option consideration. In addition, he noted there was also a substantive change to Paragraph 9 on Page 14 of the Option Agreement, and he proposed the language in that paragraph be replaced entirely, with the following language, "Buyer and Seller acknowledge that after the closing, (i) Seller may donate all, or any portion of, the total cash proceeds resulting from the sale of the Option Property, to a Falkirk Cultural Center Fund (the "Fund") as may be established by an Agreement establishing said Fund through the Marin Community Foundation, to be mutually agreed and entered into by Buyer and Seller", and then continue with the second sub- paragraph (ii). Mayor Boro clarified the intent was that the City would hold its decision on moving the money to the fund until they have had a chance to further discuss that issue, and then bring it back as a separate issue. He noted every other item before Council was being recommended for approval, with the changes as noted. City Attorney Ragghianti added that as a result of the changes suggested by Councilmember Cohen, he recommended the last document attached to the packet of materials, which was to be this Falkirk Cultural Center Fund Agreement, be removed until later action by the Council. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution, with the changes to the Option Agreement, as noted. RESOLUTION NO. 10554 - RESOLUTION AUTHORIZING THE SIGNING OF REVISED OPTION AND EASEMENT AGREEMENTS BETWEEN THE CITY OF SAN RAFAEL AND MCF PROPERTY HOLDINGS, INC. (as amended: Paragraph 1.2 changed to read, "The term of the Option shall commence on the date hereof and expire at midnight on March 30, 2000, provided, however, that Buyer may extend the Term until midnight on June 30, 2000 by giving Seller written notice of such extension not later than February 1, 2000"; Paragraph 1.4 changed to read, "Seller hereby acknowledged receipt from Buyer of Ten Dollars ($10.00) and acknowledges that such payment, together SRCC MINUTES (Regular) 12/20/99 Page 8 15 SRCC MINUTES (Regular) 12/20/99 Page 9 with the covenants and obligations of Buyer contained herein, constitutes sufficient consideration for Seller's grant of the Option for the period from the date hereof through March 30, 2000"; Paragraph 9 to read, "Buyer and Seller acknowledge that, after the closing, (i) Seller may donate all or any portion of the total cash proceeds resulting from the sale of the Option Property, to a Falkirk Cultural Center Fund (the "Fund"), as may be established by an Agreement establishing said Fund through the Marin Community Foundation, to be mutually agreed and entered into by Buyer and Seller, and (ii) in the event of such donation, MCF intends to agree to manage the Fund for a period of ten (10) years without assessing an administrative fee to the Fund". AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY/COUNTY CONSOLIDATED FIRE DISPATCH CENTER: (FD) - File 4-13-104 x 9-3- 31 a) RESOLUTION REPEALING RESOLUTION 10519, ADOPTED 10/18/99, AND AUTHORIZING EXECUTION OF REVISED COOPERATIVE AGREEMENT FOR FUNDING AND OPERATION OF CONSOLIDATED FIRE DISPATCH CENTER b) RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR ARCHITECTURAL AND CONSTRUCTION MANAGEMENT SERVICES WITH HANNUM ASSOCIATES FOR CONSOLIDATED FIRE DISPATCH CENTER Fire Chief Robert Marcucci reported that in October of this year, Council authorized the Mayor to execute the original Agreement for the cooperative funding and operation of the Consolidated Dispatch Center between the City, the County, and MERA. He noted the original Agreement was never consummated, and since the Council meeting of October 18th, MERA has decided, based upon cost savings, it would be prudent for them to relocate the controller, which is the main computer that runs the MERA system, to the Civic Center, thus eliminating the square footage they desired. Chief Marcucci noted the purpose of the two Agreements before the Council was to provide for the joint ownership, construction, and operation of the Dispatch Center, between the City of San Rafael and the County of Marin. Chief Marcucci noted it was recommended that the Council adopt the Resolution repealing Resolution No. 10519, adopted in October, 1999, which approved the original cooperative agreement with the County and the MERA Radio Authority for the Dispatch Center. In addition, staff was recommending that Council adopt a Resolution authorizing the Mayor to execute an agreement with Hannum Associates for architectural and constructional management services for the dispatch center, in an amount not to exceed $70.000, contingent upon the County of Marin becoming signatory to the Cooperative Agreement for funding operation of the Consolidated Dispatch Center. Mayor Boro asked if the County would share in the architectural fees, as well? Chief Marcucci stated the County would share in all costs. City Manager Gould stated the City intended to include its administrative costs, as well, and ask the County to pay half of those, given the fact the City has taken the lead on this project for them. Mayor Boro asked if this had gone to the Marin County Board of Supervisors as yet? Mr. Gould stated it had not. Mayor Boro noted, then, that this agreement was still subject to their agreement, and Mr. Gould stated that was correct. Chief Marcucci stated it was his understanding the Agreement would go before the Board of Supervisors on January 4th. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution repealing Resolution No. 10519, and authorizing execution of a revised Cooperative Agreement. a) RESOLUTION 10555 - RESOLUTION REPEALING RESOLUTION NO. 10519, AND AUTHORIZING EXECUTION OF REVISED COOPERATIVE AGREEMENT FOR FUNDING AND OPERATION OF CONSOLIDATED FIRE DISPATCH CENTER. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/20/99 Page 9 SRCC MINUTES (Regular) 12/20/99 Page 10 Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution authorizing execution of an agreement for architectural and construction management services for the Consolidated Dispatch Center with Hannum Associates. b) RESOLUTION NO. 10556 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR ARCHITECT AND CONSTRUCTION MANAGEMENT SERVICES FOR CONSOLIDATED FIRE DISPATCH CENTER WITH HANNUM ASSOCIATES, IN AN AMOUNT NOT TO EXCEED $70,000. SRCC MINUTES (Regular) 12/20/99 Page 10 SRCC MINUTES (Regular) 12/20/99 Page 11 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. RESOLUTION AMENDING RESOLUTION 10541 TO AUTHORIZE THE TEMPORARY CLOSING OF THREE ADDITIONAL STREETS FOR THE MILLENNIUM PARTY 2000 (CM) - File 11-19 x (SRRA) R-414 Economic Development Director Nancy Mackle reported the City's Public Information Officer (PIO) has been closely working with the Event Coordination staff, noting it has been a wonderful addition to the team. Lydia Romero, Assistant to the City Manager, explained staff was asking Council to approve the closure of three additional streets for public safety, noting those additional closures would include Mission Avenue from Court to "E" Street, to ensure public safety, particularly the heavy pedestrian traffic; "B" Street from the southernmost driveway of Safeway to Taylor Street; and the northbound lane of "A" Street, which will be closed a little earlier, as the ferris wheel is being moved off of Fourth Street and onto "A" Street, between Fourth Street and Fifth Avenue, for safety reasons. Councilmember Heller asked where the ferris wheel would be located? Ms. Romero reported the ferris wheel would be located on "A" Street. Mayor Boro asked exactly where the ferris wheel was going to be located, and whether it would be right down the street from St. Raphael's? Ms. Mackle stated it would require the closing of the northbound lane. Mayor Boro stated he was not worried about the street closure, he was wondering where they were going to have the wheel? Ms. Mackle stated it appeared it would be approximately mid -way down "A" Street. Mayor Boro noted the wheel had to go up a few days before, and asked if it would be up on "A" Street? Ms. Mackle stated that was correct, noting they would start putting it up on "A" Street on December 29th, at 8:00 AM. She reported staff had tried to have it placed on Fourth Street, but there was an engineering issue, because of the large hole in the ground at the former Macy's site, and they were worried about structural stability. Councilmember Cohen noted the closure of "A" Street refers to the northbound lane only, and asked, if during the party itself, it would still only be the northbound lane that was closed? Ms. Romero reported that during the party, both lanes would be closed. Ms. Mackle noted all the people would also be directed to the sidewalk, and they would have the entrance from the sidewalk to wait in line to get onto the ferris wheel. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution approving the temporary closure of three additional streets for the Millennium Party 2000, Mission Avenue, "B" Street, and "A" Street. RESOLUTION NO. 10557 - RESOLUTION AMENDING RESOLUTION 10541 TO AUTHORIZE THE TEMPORARY CLOSING OF THREE ADDITIONAL STREETS FOR MILLENNIUM PARTY 2000 (Friday, December 31st at 6:00 PM through Saturday, January 1st at 2:00 AM: Mission Avenue from Court Street to "E" Street, and "B" Street from south of the southernmost Safeway parking lot driveway to Taylor Street; and Wednesday, December 29th at 8:00 AM through Sunday, January 2nd at 9:00 PM, the northbound lane only of "A" Street, between Fourth Street and Fifth Avenue). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS: 17. ELECTION OF VICE -MAYOR OF THE CITY COUNCIL FOR YEAR 2000 (Council) - File 9-1 Councilmember Cohen stated he name of Councilmember Barbara San Rafael for the year 2000. and the Councilmembers voted Vice Mayor for the year 2000. MONTHLY REPORT: would be honored to place in nomination the Heller to serve as Vice -Mayor of the City of Councilmember Phillips seconded the motion, unanimously to elect Councilmember Heller as 18. CITY MANAGER'S REPORT - File 9-3-11 SRCC MINUTES (Regular) 12/20/99 Page 11 SRCC MINUTES (Regular) 12/20/99 Page 12 City Manager Gould referred to a Code Enforcement action that was written about in the newspaper recently, concerning property at 805 Fourth Street. He reported it has revealed quite a number of illegal units, and gotten to the point where the City has had to issue a Notice and Order to Abate this completely unsatisfactory condition. As a result, fourteen illegal units will be shut down in mid-January, which may cause the eviction of between 70 and 100 people. Mr. Gould noted this same landlord owns the property at 534 Canal Street, where he has also created illegal units, enclosing portions of balconies and using adjacent boats to rent to tenants. He stated that property was going through the same process, which will likely result in the eviction of another 20 people in mid- to late -January. Mr. Gould stated he wanted to make this known to the Councilmembers, because the City has no choice, under the Health and Safety Code, pointing out it is an indictment concerning the way this person has mistreated his responsibilities to the community, and to his tenants, in particular, to have allowed this condition to have existed for so long. Mr. Gould reported the City was in the process of shutting it down. Mr. Gould reported, unfortunately, the City's contacts with the Housing Authority and a number of the more affordable units in town do not reveal vacancies for these people to move to, due to the extreme tightness of the housing market. He acknowledged the City had a problem, but reiterated the City had no choice in its course of action. Mayor Boro asked if this was the property at Fourth Street and Lincoln Avenue, and Mr. Gould stated that was correct. Councilmember Heller verified that the other property was in the Canal area, and Mr. Gould stated that was correct. Mayor Boro asked if the property owner had any intention of righting the wrongs? Mr. Gould stated the property owner now realized he was being forced to right his wrongs, and will seek to convert the property on Fourth Street to office space; however, in the process, he will evict these people. Councilmember Miller stated he recognized the landlord had illegally used the property for housing, and asked if there was a way that he could be required to turn the property back into housing? Mr. Gould explained the property was not zoned for housing, and there did not appear to be a way that it could be made legal, given the location and construction of the building. Mr. Miller noted he was thinking about the people involved, and asked if there would be any help, perhaps through an agency such as the Red Cross, since this was a mass dislocation of people? Mr. Gould stated the City would coordinate with the Red Cross and other relief agencies; however, he was not, at this point, clear as to where the City could move these people for the short-term, given the state of the housing market in San Rafael and Marin. Mayor Boro acknowledged that if the landlord was out of compliance and the units were not safe, the City would have a bigger problem if something were to happen there. He informed Mr. Gould that whatever the City could do to help a hundred displaced people, through the Red Cross, the County, or any agency, that was something the City should try to pursue, perhaps even outside the City's jurisdiction, and outside of Marin, if necessary, to see if the City could help get these people housing. Mayor Boro also urged that staff be in no rush to process any changes to the building, letting it progress, but as far as trying to convert the property to something else, it should take its time. Mayor Boro asked about the property in the Canal? Mr. Gould stated there were not as many illegal units; however, approximately 20 people would be dispossessed as a result of curing these Code violations, and he reported there was a similar problem in relocating them. Mayor Boro asked what the landlord would do at that location? Mr. Gould stated he would cease renting portions of balconies, portions of the interior of the building, and boats that are docked adjacent to the building, which lack sanitary facilities. Mayor Boro noted that in prior cases, the City at least received restitution, and the building was put back in place, and while people might have been dislocated on an interim basis, at least over the long-term, for those who continued to live there, the building was put back in place. However, in this first instance, the City is losing the housing all together, and in the second, he assumed the City would lose at least some housing units. He asked about the condition of the rest of the units? Mr. Gould explained the units that can be made safe, sanitary, and legal will remain so, and the residents can remain in those units. Mayor Boro asked if the landlord was going to do that? Mr. Gould stated he believed he was, because those units are a source of income for him. SRCC MINUTES (Regular) 12/20/99 Page 12 SRCC MINUTES (Regular) 12/20/99 Page 13 Councilmember Miller stated he was worried about the relocation of the people, and the very severe impact on them, noting these were very poor people. Mr. Gould pointed out they were very poor people paying very high rents. Mr. Miller referred to the old Honor Farm, noting the County uses a portion of it for the Detox Center. He asked if perhaps there would be a possibility of using some of the other buildings out there for housing these people? Mr. Gould stated he had no idea whether that could be a possibility. Mr. Miller asked him to look into that, or at least something that would allow the City to do more than just say that because of high market conditions, there was nothing that could be done to help. Mr. Gould understood the sense of the Council's direction that the City should seek any and all resources that can be thought of, to try to assist these people who, through no fault of their own, were going to be out in the cold in mid-January. However, Mr. Gould stated he was a little less optimistic that the City would be able to convince the Silveira's to lease the City a portion of the Honor Farm, and retrofit it in time to help any of these people, and he was not certain the County would allow it anyway. Councilmember Cohen stated he shared the concern, especially given the time of year, and agreed that if the City could ease the transition, he would be interested in that; however, if the City was looking for some way to replace the housing, he did not see how the City could do something like that. Mayor Boro agreed, although he believed the City should try to find them assistance, perhaps through the Red Cross, or even looking outside the immediate area. He stated what really bothered him was that the landlord was just going to walk on this, and then turn around and start all over again. Mayor Boro also believed it was important that staff get something out to the newspaper, and perhaps through the newspaper have the public become aware that these people were going to need housing, and see if we can appeal there. He also wanted to make sure it was not interpreted as the City of San Rafael casting 100 people out on the street, and that it was understood it was because of unsafe and illegal units that the City was being forced to make this happen. Mr. Gould reported on Wednesday the newspaper, Pacific Sun, would run a major article on these properties and the landlord, making that clear. Regarding the property owner, Councilmember Phillips noted that first there was the issue of the illegal units, and then there was the issue of the significant impact to the residents, and he did not believe that seemed equitable, although he acknowledged that, under the terms of the law, he did not know if there was anything the City could do about it. Mr. Phillips asked, if the landlord has been operating illegal units, whether there was a monetary fine the City could impose, and then, if the City should so decide, perhaps use that for relocation or other assistance for the displaced tenants? Mr. Gould stated the City could not, to his knowledge, impose a monetary sanction on the owner, explaining that only if the landlord refused to cure the violations could the City begin to impose penalties and sanctions. Mr. Gould then deferred to the City Attorney. City Attorney Ragghianti stated he was unaware whether Deputy City Attorney Eric Davis knew of these particular violations; however, he suspected Mr. Davis did know about this issue, and if it was on his desk, he has issued the requisite order to the owner of the property to abate the nuisances that exist by a certain date, or to come under the City's Administrative Code provision and face the hearing process and possible penalties, which the City has imposed on other property owners. Mr. Ragghianti stated it was his understanding, from what Mr. Gould has reported, that the owner has stated he would acquiesce in the demand to cure by a certain date; however, he noted if that does not happen, the City will proceed vigorously to make certain the Health and Safety Code violations that exist in those buildings are abated. Mr. Ragghianti noted the City had an obligation under law to do that, now that the City is aware of what is happening. Councilmember Phillips asked if there was something the City should be doing to avoid this kind of thing in the future, and whether there was some type of severe penalty that could be imposed upon those who are operating illegally, and creating a situation where the City has to come in and correct the problem, and innocent bystanders take the brunt of the City's actions? Mr. Ragghianti stated that because, apparently, the owner has agreed to comply with the directives of the City Attorney's office regarding the timetable, there was nothing the City could do, noting the law provides that when the City abates a nuisance, it may collect and assess against the property, if necessary, all of the costs the City incurs, be they administrative or legal, and the City fully intends to do that. However, as indicated previously, if the property owner fails to comply with the timetable, the City will vigorously proceed, but at this juncture, he indicates he will comply. SRCC MINUTES (Regular) 12/20/99 Page 13 SRCC MINUTES (Regular) 12/20/99 Page 14 Councilmember Cohen acknowledged it might not have any impact on the current situation; however, he asked the City Attorney's office to research this entire issue. He stated there was something fundamentally wrong with this, noting the landlord has been collecting rents from these illegal units, and when he gets caught he says, "Okay, ya' got me, I'll stop"; then his tenants are out on the street, and he has pocketed all the rental income. Mr. Cohen believed one of the things would be if there was some administrative procedure whereby if the City were to assist in some transition for these people, and had some out of pocket expenses, whether the City could go after the landlord for that; or, even if it meant changing the City's Code to do so, if there was a fine the City could levy in this kind of situation, under existing law. which could then be used to assist the tenants in finding alternative housing. He stated, if the City had the power to do that, he would be very interested in bringing that forward, even if it meant modifying the existing Code in order to give the City that power. He asked Mr. Ragghianti's office to research that issue, and certainly if there is anything out there that could be brought to bear in this situation, he would be very eager to hear that, as he felt the situation was ludicrous. SRCC MINUTES (Regular) 12/20/99 Page 14 SRCC MINUTES (Regular) 12/20/99 Page 15 Councilmember Miller followed up on Mr. Cohen's suggestion of looking at the cost of relocation, noting that if the City is involved in the cost of relocation, temporary transitional housing, or whatever, whether that could be assessed onto the landlord, and if that was the case, he would like to see the City really assist. Councilmember Heller stated she feared that the transition these people will undergo will be to the street, and that there will be additional homeless, through no fault of their own. She asked if this was something for which the County would have jurisdiction, and some funding to help, noting she keeps being told the County is "Health and Human Services", and that is their job. City Manager Gould stated it came down to the issue of vacancies in rental units somewhere in the County, and that was what was lacking, noting it was less a monetary issue than it was just having dwelling units in which to move these people. He stated the City would investigate whether they can get short-term payments that can be used to book into motels while they look for a month or two, noting that may be possible through the Red Cross. In addition, the City could look at temporary housing assistance through some of the providers that are funded through the Redevelopment Agency. Mr. Gould reported some of the tenants had already received notice and were already leaving, because they could see what was coming. Mayor Boro stated this was a major tragedy. He agreed with requesting that City Attorney Ragghianti see whatever he could do if this should happen again, and determine whether the City could do something to the person who causes such a thing, so at least the people who are displaced can be cared for, to some degree, pointing out there will, theoretically, be 120 people out on the streets. Mr. Gould stated Community Development Director Bob Brown would like to arrange a special City Council meeting in conjunction with the Planning Commission before Planning Manager Sheila Delimont retires. Mr. Gould thanked Council for a very productive and constructive final Council meeting for this century. COUNCILMEMBER REPORTS: 19. a. RE: COLLINS SERVICE STATION - TERRA LINDA - File 13-1 x 9-3-11 x 9-3- 31 (verbal) Councilmember Phillips noted tanks had been removed from Collins Service Station, near Scotty's Market in Terra Linda, and the soil had been left in piles at the location. After complaints from the neighbors, Mr. Phillips discussed the situation with City Manager Gould and Fire Chief Marcucci, and a solution was determined and will be implemented within the week to remove the soil. He thanked Mr. Gould and Chief Marcucci for their help with this project. Mayor Boro adjourned the meeting in recognition of the hard work the entire City staff has put into the Millennium Party 2000. There being no further business, the City Council meeting was adjourned at 9:15 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 2000 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 12/20/99 Page 15