HomeMy WebLinkAboutCM Ritter MOUCITY OF Agenda Item No: 4.a
Meeting Date: August 15, 2016
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager's Office
Prepared by: Andrew Hening, Director of City Manager Approval:
Homeless Planning and Outreach
TOPIC: Ritter Center Memorandum of Understanding
RECOMMENDATION: Resolution of the San Rafael City Council Approving a Memorandum of
Understanding With the Ritter Center Concerning Operational Changes at the Ritter Center
Premises
BACKGROUND:
The Ritter Center (Ritter) has been in operation in San Rafael since 1981. At the time Ritter was
founded and began providing services, the homeless population in Downtown San Rafael was much
smaller than it is today. At that time, Ritter was able to serve and accommodate its mission to help the
homeless get back on their feet without substantial impacts on surrounding residents, businesses, and
visitors to the Downtown. Over the past 30 years, however, as homelessness has become an
increasingly difficult and prolific challenge — locally, regionally, and statewide — Ritter's services,
programs, and physical footprint have also increased to address the growing problem. While the City
has received substantial community feedback that these services are critical for the most vulnerable
members of our community, the City has received an equally substantial amount of feedback that Ritter
has overgrown its location and that that growth has had negative impacts on surrounding residents,
businesses, and visitors to the Downtown.
As a way to monitor the situation at Ritter, City staff and Ritter staff have been generating 6 -month
performance reports that document Ritter's operations. During the March 21, 2016 City Council
meeting, the City Council reviewed the fifth such report. Responding to community concerns calling for
a change to the status quo, the City Council directed staff to go back and research options for how
Ritter's operations might be modified to lessen the intensity of use at the Ritter site. At that time, ideas
ranged from modifying Ritter's Use Permit to instituting a moratorium on services. The City Council
also created two sub -committees. One subcommittee, composed of Vice Mayor Colin and
Councilmember Bushey, was tasked with looking for possible modifications to Ritter's operations and
programs, and the other subcommittee, composed of Mayor Phillips and Councilmember Gamblin, was
tasked with identifying relocation options.
Over the next month and a half, City staff and the Council operations subcommittee worked with Ritter
staff, as well as Ritter's legal counsel, Andrew Giacomini of Hanson Bridgett, to determine if there could
be a meaningful partnership between the City and Ritter to identify operational changes that could
FOR CITY CLERK ONLY
File No.: 10-2.7
Council Meeting: 08/15/2016
Disposition: Resolution 14178
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
reduce the intensity of use at the current Ritter site. Of note, during this entire period, the Ritter Center
has been working with the County of Marin and other service providers to identify, plan, and apply for a
new location for their services that is not downtown and not in a residential area.
According to Ritter Center's website, their mission is "to provide comprehensive, integrated, and high-
quality health and social services for low-income, homeless and underserved families and individuals in
Marin." As the City Council again affirmed at the April 18, 2016 City Council meeting reviewing the
Homeless Subcommittee's goals and objectives for 2016, the City's number one goal around
homelessness is "to support homeless -related housing and service programs, primarily for those
individuals and families who live in or are from Marin County, particularly San Rafael." These
statements clearly show alignment in purpose. Working from this place of common ground, City staff
and Ritter staff arrived at the idea of creating and implementing a proposal that would call for the
transfer of certain operations from the current site to other locations/providers, with the goal of reducing
the intensity of use at the Ritter site while at the same time preserving the level of service for those in
need. This would occur while Ritter continues to seek relocation of the facility outside of Downtown
San Rafael. The proposal to change operations at their current location would specifically cover:
• Relocating part of the food pantry services to another location or provider;
• Relocating showers/laundry services to another location or to mobile services; and
• Relocating mail services to the Post office or other location.
When this matter returned to the City Council at the June 6, 2016 City Council meeting, staff
recommended that in lieu of a modification or revocation of the Use Permit, staff would instead work
with Ritter Center staff to develop a Memorandum of Understanding (MOU) incorporating the changes
above. The MOU would then be brought back to the Council for review and approval.
Since the June 6, 2016 meeting, the City Attorney's office has been collaborating with Ritter's legal
Counsel to craft the MOU, which is included here as Exhibit A to the attached Resolution.
ANALYSIS:
Prior to presenting information on the MOU, the following is a review of the site and use history for
overall context.
Site and Use History:
12-16 Ritter Street: The Ritter Center has been in operation at its current location since 1981. The
Ritter Center is located in four buildings/modular trailers housed on two contiguous lots (12 Ritter and
16 Ritter St) located on the south side of Ritter Street. As described below, the Ritter Center provides
various functions and services housed in the four buildings, including case management, behavioral
health, day services, medical services, food pantry, emergency clothing/Goodwill Gift certificates, and
seasonal programs (Thanksgiving and Christmas):
• Ritter Center (16 Ritter): Offices and food pantry distribution
• Bouchard Building (16 Ritter): Case Management (5 offices) and a conference room
Day Services Center (DSC) (12 Ritter): Showers, laundry, mailboxes and restrooms. Prior to
the Use Permit amendment (UP11-070) to install the new medical modular in 2012, the DSC
also served as the medical clinic. Following the approval of the Use Permit amendment (UP11-
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
070) in 2012, the medical services were transferred to the new modular building and the DSC
was limited to showers, laundry, mailboxes and restrooms.
• Medical Modular Building (12 Ritter): Medical clinic
The 16 Ritter Street address was originally built as a single family home converted to office use in
1973. There was no Use Permit history for the site until 1992, when Ritter (then known as the ("Human
Concern Center") applied for a temporary Use Permit (ED92-52/ UP92-32) to install an 879 sq. ft. trailer
on site, to the rear of the existing building at 16 Ritter St. The City approved a Use Permit and Design
Review Permit for the trailer to be used as office space/counseling.
The adjacent lot at 12 Ritter Street was vacant until 1993, when the City approved a Use Permit and
Design Review Permit (ED93-15/UP93-16) for a 1,100 sq. ft. temporary trailer to be used for Day
Services. In 2000, the City approved a Design Review Permit (ED00-37) to replace this trailer with a
new 1,452 sq. ft. trailer. Both lots have always been viewed as one site in terms of services, but it was
not until 2004 that both lots came under review as one cohesive Use Permit application, signed by both
property owners. At that time, the Planning Commission approved a Use Permit amendment for 12-16
Ritter St (UP04-005). The purpose of the amendment was to modify several conditions of approval
from previous Use Permits because they were no longer applicable or necessary. Planning
Commission Resolution # 04-26 codified the 1993 approved Use Permit operating at 12-16 Ritter
Street, and in effect consolidated all Ritter services under one operational Use Permit. All services
listed in UP04-005 are still part of current Ritter Center services.
815 Third Street (Annex Buildina): The Ritter Center also leases 1,800 sq. ft. of administrative office
space in the building directly across the street at 815 Third St. This space previously was approved for
a temporary Use Permit to be used as a client screening and pick-up location for the 2011-2012
Rotating Emergency Shelter (REST) Program (expired April 2012). Ritter continued to use the space
for administrative offices once the REST Program ended. The Use Permit for the Ritter operations does
not include activities at 815 Third St. However, the parcel is zoned 2/3 MUE (Second/Third Mixed Use
East) and administrative offices is a permitted use in this zoning district.
Current Use Permit:
The Ritter Center is currently operating under conditional Use Permit UP13-030 (this Use Permit
amended the previously approved Use Permit (UP11-070) and allowed the relocation of the existing
medical clinic space from the 1,452 square foot Day Services Center (DSC) trailer to a new 933 -
square -foot modular). The new medical clinic space was approved to include three exam rooms, a
larger waiting room and medical offices. The total number of clients served (laundry, showers.
mailboxes, restrooms and medical services) was increased from the 40 clients/day approved in 2004
(UP04-005), to 60 clients/day, averaged over one week. In addition to the medical clinic, the following
Ritter Center inventory of services, previously approved per UP04-05, all continued to be authorized at
the Ritter Center as part of UP 13-030:
• Case Management
• Behavioral Health
• Day Services Center (DSC) (laundry, showers, mailboxes, restrooms)
• Food Pantry
• Emergency clothing/Goodwill Gift certificates
• Seasonal programs (Thanksgiving and Christmas)
The Use Permit also delineated the following key conditions of approval:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Condition of Approval #4: The approved hours of operation for the Ritter Center are 6:00 am to
8:00 pm, seven days a week. However, current operating hours for the DSC and the medical clinic
are 9:00 am to 5:00 pm, Monday through Friday, and some occasional Saturday morning women's
medical clinic hours.
Condition of Approval #5: Client caseload for the existing Day Services Center (DSC) and services
in the new modular are limited to a total of 60 clients/dav, averaged over the operational work week.
In addition, the Ritter Center shall submit monthly reports to the Planning Division, which are to: a)
provide a tally of the total number of daily client visits during the previous calendar month; and b)
identify the number of days the "overflow management plan" was implemented.
Condition of Approval #16: Six (6) months from the date of occupancy and operation, a
Performance Report shall be prepared by the Planning Division and shall continue to be prepared
every six months thereafter. This performance report shall report on the Center's adherence to the
operational conditions of approval regulating client limits, litter control and security, and shall
include a tracking of the numbers of police service calls to the facility. Once completed, the
performance reports shall be forwarded to the Planning Commission and City Council. If, during the
course of monitoring, it is determined that the Ritter Center is out -of -compliance with conditions of
approval, the City can schedule the Use Permit for a City Council public hearing.
The current Use Permit does not have a termination date.
Impact of Proposed MOU:
Ritter's Use Permit regulates the number of unduplicated individuals who can receive either a shower
and/or a medical visit on a given day. Currently, Ritter can provide 60 unduplicated individuals with
these services on a given day. In other words, someone could receive a shower AND a medical visit,
but it would count as one towards the cap of 60. Or someone could receive just a shower and it would
count as one as well. It is important to note that Ritter offers a wide variety of "service transactions"
outside of what the Use Permit governs. Because the original City Council discussions about mitigating
the intensity of on-site services had been focused on modifying the Use Permit number, staff used this
conversation as a benchmark. If, for example, the Use Permit was cut from 60 to 45, there would be 15
fewer service transactions per day (75 fewer per week). Furthermore, given Ritter's mission statement
and focus on medical and behavioral health services, which are critical resources for the homeless
community, staff and the operations subcommittee sought to avoid modification of medical, case
management, or behavioral health services. With these parameters in place, the following
recommendations arose:
• Relocate Showers - If Ritter did not offer showers on-site, there would be approximately 40-60
fewer transactions on-site per day. Mobile showers are proving to be a best practice in Santa
Clara County, San Mateo County, and San Francisco. Mobile showers have the added benefit
that they can then visit homeless individuals in other communities where they already are —
rather than requiring them to travel to San Rafael.
Modifv Mail Services - In the past, Ritter has provided approximately 400 people with mail
services. Staff believes that by modifying mail services to incorporate only actively case -
managed clients, by moving to a new intake process, by limiting certain types of mail that Ritter
receives, and/or by moving the mail services offsite, there would be a significant decrease in the
intensity of on-site use.
0 Relocate food pantry for homeless individuals - According to the SF -Marin Food Bank, Ritter
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
receives 290 units of food a week, with 90 being for homeless individuals and 200 being for
housed individuals. By moving food for homeless individuals to appropriate sites, that
decreases visits per week by 90.
In sum, it is clear to see that these operational modifications would have a greater projected impact
than modifying the Use Permit. Moreover, there is the added benefit that these were mutually agreed
upon changes, and as a result, we believe this marks an important step in the Ritter -City partnership as
we work towards win-win solutions that meet the public's needs.
Per the MOU, the City and Ritter shall cooperate in good faith to implement the above changes in a
timely manner. The City and Ritter will be working closely together to identify third party providers
capable of providing the services.
The proposed MOU is attached as Exhibit A to the Resolution of approval (Attachment 1). At the
writing of this staff report, the Ritter Board has approved the MOU as have the owners of 12 Ritter
Street and 16 Ritter Street. Staff recommends that the City Council approve the attached MOU and
authorize that it be signed by Mayor Phillips, Vice -Mayor Colin, and Councilmember Bushey, subject to
final approval as to form by the City Attorney. With Council approval, the MOU will then be fully
executed with copies to all parties.
COMMUNITY OUTREACH/PUBLIC COMMENTS:
Over the past few years, the City Council has taken significant measures to address the greater
homelessness issue and how it affects downtown and the City at large. Through those measures, the
Council has held numerous public meetings, created a task force of stakeholders, and expended
significant resources, including additional police staff and the creation of a new Director of Homeless
Planning and Outreach position. The Council and various staff in nearly all city departments have been
working on various facets of the homelessness issue.
During the five performance reviews of Ritter since 2012, the City also has received a significant
amount of written and verbal comments regarding Ritter Center. Many of the comments support Ritter
and its mission to provide for the homeless population. Thousands of letters and petition signatures
have previously been submitted to the City reflecting those comments. However, there are also
significant numbers of comments, both written and verbal, that have been previously submitted that cite
specific concerns and issues affecting businesses, residents, and visitors to downtown. Again,
thousands of letters, emails, and petition signatures have been submitted. All of the public comments
received during the prior five performance report reviews are not included as part of this report. Copies
of all comments and letters received during those prior reviews have been discussed and accepted
previously and are contained in the public record.
Additionally, updates regarding the MOU have been distributed through the City's Homeless Initiatives
Newsletter, as well as the City Manager's email update Snapshot. Together these newsletters reach
thousands of community members. The Director of Homeless Planning and Outreach has also
provided numerous in-person updates at public meetings including the Business Issues Committee and
the Federal -Coalition community meetings.
FISCAL IMPACT:
There is no fiscal impact to the City associated with this MOU aside from the staff time and resources
that have gone into the preparation of the agreement and that will go into the implementation of the
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
MOU's proposals. Importantly, the City looks to the County of Marin, the primary provider/funder of
social services in Marin County, as a critical partner in all of the efforts above.
OPTIONS:
1) Adopt the Resolution as presented, approving the Memorandum of Understanding
2) Request changes to the Memorandum of Understanding
3) Reject the Memorandum of Understanding
ACTION REQUIRED:
Adopt Resolution Approving the Memorandum of Understanding
ATTACHMENTS:
1. Resolution with attached Exhibit A — Ritter Center Memorandum of Understanding
RESOLUTION NO. 14178
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING A MEMORANDUM OF UNDERSTANDING
WITH THE RITTER CENTER CONCERNING OPERATIONAL
CHANGES AT THE RITTER CENTER PREMISES
WHEREAS, the San Rafael City Council is committed to addressing the problems and
impacts of homelessness in San Rafael by supporting homeless -related housing and service
programs, primarily for those individuals and families who live in or are from Marin County,
particularly San Rafael; and
WHEREAS, the Ritter Center was established in the early 1980's to serve the needs of
local low-income residents (including homeless residents and those at risk of becoming
homeless) in San Rafael and Marin County. The Ritter Center currently provides a variety of
services, including medical, mental health, case management, substance abuse, day, food pantry,
shower, laundry, mail, and housing and rental assistance to low income and homeless people at
real property commonly known as 12 and 16 Ritter Street, San Rafael, CA 94901; and
WHEREAS, the Ritter Center has vested rights to operate at its present location,
pursuant to the terms of a Conditional Use Permit; and
WHEREAS, while the City and the public acknowledge the contributions of the Ritter
Center to the health and well-being of many of the most vulnerable members of our community,
at the same time, some members of the City's community perceive that in recent years, the
population of homeless and near -homeless persons in Marin County generally, and in downtown
San Rafael in particular, has significantly increased, and that the actions of some of the homeless
and near -homeless persons in downtown San Rafael have caused adverse impacts to local
residents, businesses, and visitors; and
WHEREAS, the City has experienced significant development and redevelopment
around the Ritter Center's premises since it opened, which has brought more residents,
businesses and visitors into the surrounding neighborhood and has exacerbated the perceived
adverse impacts arising from Ritter Center's intensified use of its premises and the actions of
some of Ritter's clients in the surrounding community; and
WHEREAS, it is the City's belief that certain changes in the services offered at the Ritter
Center for those persons who use its services would mitigate such adverse impacts; and
1
WHEREAS, over the course of the last several months, representatives of the City,
including City staff, Vice Mayor Colin, and Councilmember Bushey, have worked with
representatives of the Ritter Center regarding potential operational changes at Ritter Center and
to identify potential alternative sites for relocating some of Ritter Center's services, while
preserving the availability and accessibility of those services for Ritter Center clients; and
WHEREAS, cooperating in good faith, the City and the Ritter Center have now agreed
upon a process to implement certain voluntary operational changes at the Ritter Center once
comparable replacement services have been established at alternative locations, as described in
the Memorandum of Understanding attached hereto as Exhibit A and incorporated herein by
reference;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael hereby approves and authorizes the Mayor, Vice Mayor Colin and Councilmember
Bushey to execute the Memorandum of Understanding attached hereto as Exhibit A, subject to
final approval as to form by the City Attorney.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 15th day of August, 2016, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, CITY CLERK
2
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into as of August 15, 2016
("Effective Date") by and among the City of San Rafael (the "City"), a municipal corporation;
Ritter Center ("Ritter"), a California non-profit corporation; and Richard Bottarini and Bonnie
Bottarini (owners of 12 Ritter Street) and Leonard J. Nibbi and Janet L. Nibbi, Trustees of the
Leonard J. Nibbi and Janet L. Nibbi Revocable Trust, and Alma Adda Brovelli, Trustee of the
George E. and Alma Adda Brovelli Trust, and Karen M. Brovelli, Trustee of the Karen Marie
Brovelli Revocable Trust (owners of 16 Ritter Street) (collectively "Owners"), (each, a "Party,"
collectively "Parties") with reference to the following matters.
RECITALS
A. Ritter Center was established in the early 1980s to serve the needs of local low-
income residents (including homeless residents and those at risk of becoming homeless). Ritter
currently provides a variety of services, including medical, mental health, case management,
substance abuse, day, food pantry, shower, laundry, mail, and housing and rental assistance to
low income and homeless people at real property commonly known as 12 and 16 Ritter Street,
San Rafael, CA 94901 (the "Premises"), which is located in downtown San Rafael. Ritter leases
the Premises from Owners (Ritter leases 12 Ritter Street from Richard Bottarini and Bonnie
Bottarini; Ritter leases 16 Ritter Street from Leonard J. Nibbi and Janet L. Nibbi, Trustees of the
Leonard J. Nibbi and Janet L. Nibbi Revocable Trust, Alma Adda Brovelli, Trustee of the
George E. and Alma Adda Brovelli Trust, and Karen M. Brovelli, Trustee of the Karen Marie
Brovelli Revocable Trust). Ritter currently operates pursuant to certain approvals issued by the
City, including Conditional Use Permit UP13-030 ("CUP"), which was issued by the City in
2013. Ritter has rights to operate Ritter Center at the Premises pursuant to the terms of the CUP.
B. Some members of the City's community perceive that (i) in recent years, the
population of homeless and near -homeless persons in Marin County ("County") generally, and
in downtown San Rafael in particular, has significantly increased, (ii) actions of some of the
homeless and near -homeless persons in downtown San Rafael have caused adverse impacts to
local residents, businesses, and visitors. It is the City's belief that changes in the services
offered at Ritter Center for those persons who use its services ("Ritter Clients") could mitigate
such adverse impacts.
C. Over the course of the last several months, the City and Ritter have been
discussing relocating some of the services offered at Ritter Center to other locations, while also
preserving the availability and accessibility of those services for Ritter Clients. In addition, the
City and Ritter have been cooperating in good faith to identify potential alternative sites for
Ritter to relocate its facilities for serving Ritter Clients.
D. Contemporaneously with the discussions referenced in the prior recital, the City
held public hearings before the City Council regarding whether to modify or revoke the CUP
based on, among other things, concerns expressed by members of the community that Ritter was
causing or allowing nuisance conditions around the Premises. Ritter disputed these contentions
Page 1 of 11
12574336.112573926.1
OAK #4845-2649-7842 v1
V"7-. 1
and asserted, inter glia, that Ritter was in full compliance with the CUP and that the City lacked
proper legal grounds to modify or revoke Ritter's CUP. The City did not make any findings or
decision to modify or revoke the CUP.
E. Contemporaneously with the entry of this MOU, the City Council has publicly
announced its suspension of such administrative proceedings in order to provide the Parties an
opportunity to enter and implement this MOU.
F. City staff has considered whether to recommend that the Planning Commission
and the City Council consider a zoning change for the Premises to prohibit continued operation
of the Ritter Center (after an amortization period), but neither City staff, the Planning
Commission, nor the City Council have pursued such potential legislation. Ritter believes there
is no legitimate basis to support a zoning change or other limitation of its rights under the CUP.
G. At a duly noticed City Council meeting on June 6, 2016 (which included a duly
noticed public hearing regarding Ritter's CUP), the City Council and Ritter representatives
discussed the formation of a memorandum of understanding to address the City's and Ritter's
interests in pursuing certain operational and locational changes regarding Ritter's services. The
City Council directed City staff and counsel to pursue the drafting and entry of such a
memorandum of understanding.
H. The Parties have now agreed to a process to implement certain voluntary
operational changes to Ritter's use of the Premises as described in this MOU, once comparable
replacement services have been established at alternative locations. Replacement services must
be accessible to the target population and be of similar or better quality and quantity — i.e.
available during similar hours and be able to serve at least the same number of people, as set
forth in this MOU.
NOW THEREFORE, in consideration of the recitals hereof and the mutual covenants and
agreement contained in the MOU, the parties agree as follows:
AGREEMENT
1. INCORPORATION OF RECITALS
The recitals set forth above, and all defined terms set forth in such recitals and in the
introductory paragraph preceding the recitals, are hereby incorporated into this MOU as though
set forth in full.
2. CONDITIONS AND TERMS FOR VOLUNTARY DISCONTINUATION OF
CERTAIN PERMITTED SERVICES BY RITTER
Provided that the conditions of Subsection (A) have been and remain satisfied, Ritter
shall discontinue its provision of certain services on the Premises, on the replacement service
terms set forth below in Subsection (B).
Page 2 of 11
12574336.112573926.1
OAK #4845 2649-7842 v I
A. Conditions Precedent.
(i) The City has not, subsequent to the Effective Date, recommenced
administrative proceedings regarding whether to modify or revoke the CUP
(which administrative proceedings were suspended contemporaneously with the
City Council's approval of this MOU, as discussed in the Recitals). While
satisfaction of this condition (or written waiver by Ritter thereof) is a prerequisite
to the triggering of Ritter's obligations in Subsection (B) below, the City reserves
and retains its police power authority to recommence administrative actions to
modify or revoke the CUP. In the event that the City recommences administrative
actions to modify or revoke the CUP, Ritter Center shall have no further
obligations under this MOU.
(ii) The City has not, subsequent to the Effective Date, commenced
any legislative proceedings to consider whether to change the zoning for the
Premises to prohibit such uses of the Premises made by Ritter as of the Effective
Date. In the event that the City commences legislative proceedings to consider
rezoning to prohibit any such use of the Premises, Ritter Center shall have no
further obligations under this MOU.
B. Replacement Service Terms. This Section 2(B) addresses rights and obligations
with respect to replacement services, once third party providers have commenced providing
certain services Ritter now provides, as follows (see Section 3, below, regarding the process for
identifying such providers, among other things):
(i) Food Pantry. Within 30 days of the date on which a third party
commences providing (or two or more third parties commence providing), in a
location mutually agreeable to the City and Ritter, no fewer than 90 meal portions
per week (in the aggregate and collectively) in a reasonably comparable manner
as Ritter's existing program to individuals without access to indoor cooking
facilities, Ritter shall stop providing food pantry services to individuals without
access to indoor cooking facilities at the Premises (and shall not resume providing
such services at the Premises, except as provided in Section 5 below). For
purposes of this provision, Ritter will use good faith efforts to determine those
Ritter Clients who are homeless. Nothing in this Section 2(B) affects Ritter's
right to provide food pantry services at the Premises to individuals and/or families
with access to indoor cooking facilities. However, Ritter will provide information
and meet and confer with the City with respect to food pantry services for housed
individuals and/or families as discussed in Section 3. Ritter emphasizes that the
best practice is to provide food pantry service for residents with access to cooking
facilities co -located with benefit enrollment for Cal Fresh and Medi -Cal.
(ii) Mail Services. Within 30 days of the provision, by a third party
(or two or more third parties), of mailboxes or facilities capable of receiving mail
for at least 150 Ritter Clients (in the aggregate and collectively) in a reasonably
comparable manner as currently provided by Ritter, Ritter shall stop providing
Page 3 of 11
12574336.112573926.1
OAK #4845-2649-7842 v l
mail services to Ritter Clients at the Premises (and shall not resume providing
such services at the Premises, except as provided in Section 5 below).
(iii) Shower and Laundry Services. Within 30 days of the provision, by
a third party (or two or more third parties), of shower and laundry services
(mobile or stationary), in a reasonably comparable manner as currently provided
by Ritter, Ritter shall stop providing shower and laundry services at the Premises
(and shall not resume providing such services at the Premises, except as provided
in Section 5 below).
3. CITY-RITTER COOPERATION TO IMPLEMENT SECTION 2
A. Tasks and Timing for Implementing Section 2. The City and Ritter shall
cooperate in good faith to implement Section 2(B) in a timely manner, with the understanding
that (1) the City will take the lead in this regard and (2) Ritter will, acting in good faith, provide
informational support and take such actions as are reasonably necessary to assist with the
transition of these services. To that end, the City and Ritter shall cooperate to meet the following
deadlines with the understanding that the City will be responsible for arranging for the
establishment of the replacement services and Ritter will be responsible for transitioning services
once replacement services are established:
(i) Identification of Third Partv Providers. The City and Ritter shall
reasonably cooperate to identify third parties (including other non-profit
organizations and the County) capable of providing each of the services
described in Section 2(B). The City shall create a list of potential third
party providers for each of the three services identified in Section 2(B)
using informational support provided by Ritter by late September 2016.
(a) The individuals from the City who are primarily responsible for
implementation of this task with respect to the food pantry and
mail services (sections 2(B)(i) and 2(13)(ii)) are as follows: The
City Manager (currently, Jim Schutz) and the City's Homeless
Services Coordinator (currently Andrew Hening), who will take
the lead on behalf of the Parties with respect to food pantry and
mail services. Ritter's Executive Director (currently Cia Byrnes)
will cooperate in good faith with support for these efforts.
(b) The individuals from the City who are primarily responsible for
implementation of this task with respect to the shower and laundry
services (section 2(B)(iii)) are as follows: the City Manager
(currently, Jim Schutz) and the City's Homeless Services
Coordinator (currently Andrew Hening) who will take the lead on
behalf of the Parties with respect to shower and laundry services.
Ritter's Executive Director (currently Cia Byrnes) will cooperate
in good faith with support for these efforts.
Page 4 of 11
12574336.112573926.1
OAK #4845-2649-7842 v I I
(ii) Necotiation with Third Partv Providers. The City shall contact and, with
Ritter's input (including providing relevant information regarding the
service(s) provided by Ritter and the target population for such services),
negotiate the terms of agreement(s) and/or arrangement(s) with third
parties capable of providing each of the services described in Section 2(B).
The City shall have contacted and have made good faith efforts to
commence negotiations with such third party providers by mid-October
2016. The individuals from the City who are primarily responsible for
implementation of this task are as provided for in section 3(A)(i),
subdivisions (a) and (b).
(iii) Commencement of Third Partv Services. The City, with good faith
assistance and support from Ritter, shall use good faith, commercially
reasonable efforts to cause one or more third party service providers to
commence providing the services described in Section 2(B)(i) by early
January 2017, Section 2(B)(ii) by early January 2017, and
Section 2(B)(iii) by early July 2017. The individuals from the City who
are primarily responsible for implementation and individuals from Ritter
primarily responsible for the transition of this task are as provided for in
section 3(A)(i), subdivisions (a) and (b).
B. Food Pantry Services Information and Consideration. Ritter will promptly
provide, to the City, data and information reasonably requested by the City regarding the
jurisdictions from which Ritter's housed and homeless clients come to receive food pantry
services (though disclosure to the City of individuals' names and precise street addresses will not
be required), so that the City can better understand the scope, nature, and capacities of Ritter's
current food pantry operations (for housed and homeless clients alike).
4. RELOCATION OF RITTER CENTER'S REMAINING SERVICES
A. Identification of a Relocation Site. The City and Ritter will continue to
cooperate in good faith to identify other suitable premises in Marin County, both inside and
outside the City's jurisdictional limits, where Ritter Center can potentially relocate (for the
continuation of the services Ritter Center has continued to provide as of that time) ("Potential
Relocation Site"). This provision does not obligate Ritter to relocate from the Premises.
B. Land Use Review. The City will process in good faith any application by Ritter
and potential co -tenants for entitlements (e.g., a use permit) for a Potential Relocation Site within
the City's jurisdiction.
5. RESERVATION OF RIGHTS
A. Resumption of Services. If a third party or parties discontinue the provision of
the services identified in Section 2(B) beyond the cure period identified in Section 7, and Ritter
has continued to provide any services at the Premises (e.g., it has not completely relocated
pursuant to Section 4), Ritter shall be entitled to immediately begin providing such services on
the Premises consistent with the CUP.
Page 5 of 11
12574336.112573926.1
OAK #4845-2649-7842 v 11
B. No Abandonment. Ritter's voluntary cessation of activities authorized under the
CUP pursuant to the terms of this MOU shall not constitute an abandonment of the CUP by
Ritter or Owners, or any of the rights or privileges granted by the City to Ritter or Owners
thereunder.
C. Reservation of Autonomv. Ritter reserves the right to retain autonomy over its
business, services, structure, operations, and governance.
6. LANDLORD'S AGREEMENT TO COOPERATE AND NOT TO REPLACE
RELOCATED SERVICES ON THE PREMISES
Owners will not impede the City's and/or Ritter's efforts to implement this MOU and
otherwise have no obligations under this MOU.
7. DEFAULTS AND REMEDIES
Failure by any Party to comply with its enumerated obligations shall constitute an event
of default hereunder. The non -defaulting Party or Parties shall give written notice of a default to
the defaulting Party, specifying the nature of the default and the required action to cure the
default. If such default remains uncured 30 days after receipt by the defaulting Party of such
notice, the non -defaulting Party may exercise the remedies set forth in this Section 7.
A. Ritter's Default. Ritter's failure to comply with Section 2(B), Section 3 or
Section 4(A) shall constitute a default and breach of this MOU by Ritter. The City shall give
written notice of a default to Ritter, specifying the nature of the default and the required action to
cure the default. If such default remains uncured 30 days after receipt by Ritter of such notice,
the City may exercise the remedies set forth in Section 7(D).
B. Citv's Default. The City's failure to comply with Section 3 or Section 4, shall
constitute a default and breach of this MOU by the City. Ritter shall give written notice of a
default to the City, specifying the nature of the default and the required action to cure the default.
If such default remains uncured 30 days after receipt by the City of such notice, Ritter and/or
Owners may exercise the remedies set forth in Section 7(E).
C. JINTENTIONALLY OMITTEDI
D. Exclusive Remedies for Ritter's Default. In the event of an uncured default by
Ritter, the sole and exclusive remedy shall be to file suit for specific performance to enforce this
MOU.
E. Exclusive Remedies for the Citv's Default. In the event of an uncured default
by the City, the sole and exclusive remedies shall be (i) to resume operations at the Premises
consistent with the terms of the CUP and (ii) to file suit for specific performance to enforce this
MOU.
F. JINTENTIONALLY OMITTED]
Page 6 of 11
12574336.112573926.1
OAK #4845 2649-7842 v1 I
G. No Damaaes. None of the Parties shall have any liability to the others for
damages or otherwise for any default, nor shall the Parties have any other claims with respect to
performance or non-performance by the other Party under this MOU. Each Party specifically
waives and releases any such rights or claims they may otherwise have at law or in equity in the
event of a default by the other Party, including the right to recover actual, consequential, special
or punitive damages from the defaulting Party.
8. MISCELLANEOUS
A. Notices. All notices under this MOU shall be in writing, shall be effective upon
delivery by an express delivery service which shall show the location and the delivery date and
shall be addressed as follows:
Ritter:
Ritter Center
16 Ritter Street, P.O. Box 3517
San Rafael, CA 94912
Attn: Cia Byrnes, Executive Director
Tel: (415) 457-8182
City:
City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Attn: City Manager
Tel: (415) 485-3070
Owners:
Reeardine 12 Ritter St. (APN 011-272-12)
Richard Bottarini
Bonnie Bottarini
806 University Street
Healdsburg, CA 95448-3749
Reeardine 16 Ritter Street (APN 011-272-04) Reeardine 16 Ritter Street (APN 011-272-04)
Leonard J Nibbi and Janet L Nibbi, Trustees Karen M. Brovelli, Trustee of the Karen Marie
Leonard J. Nibbi and Janet L. Nibbi
Brovelli Revocable Trust
Revocable Trust
1012 Los Gamos Rd., Apt. F
1182 Lea Drive
San Rafael, CA 94903
Novato, CA 94945-3356
Alma Adda Brovelli, Trustee of the George E. and
Alma Adda Brovelli Trust
c/o Drakes Terrace,
275 Los Ranchitos Rd., Apt. 105
San Rafael, CA 94903
All notices shall be deemed effective on the earliest of (i) actual receipt; or (ii) rejection of
delivery.
Page 7 of 11
l 2574336.112573926.1
OAK #4845-2649-7842 v I I
B. Binding Effect. This MOU shall inure to and bind the parties, their respective
representatives, successors and permitted assigns.
C. Counterparts. This MOU may be executed in counterparts, all of which taken
together shall be deemed one original agreement. Photocopies or facsimiles shall constitute good
evidence of such execution.
D. Captions. Section, titles, or captions in no way define, limit, extend or describe
the scope of this MOU or the intent of any of its provisions, and are for convenience of reference
only.
E. Governing Law. This MOU shall be construed in accordance with and be
governed by the provisions of the laws of the State of California.
F. Advice of Counsel. The Parties have received or have had the opportunity to
receive independent legal advice with respect to the advisability of entering into this MOU.
G. Construction of MOU. Each Party has cooperated in the drafting and
preparation of this MOU and, accordingly, this MOU shall not be construed against any party as
the drafter hereof.
H. Waiver. No waiver of any right under this MOU shall be deemed effective
unless contained in writing signed by the party charged with the waiver. No waiver of any
breach or any failure to perform shall be deemed to be a waiver of any future breach or failure to
perform or of any other right arising under this MOU.
I. Entire Agreement. This MOU between the Parties sets forth the entire
agreement of the parties and this MOU may not be modified except in writing signed by
authorized signatories of the City, Ritter, and Owners. Notwithstanding this MOU, the CUP for
the Premises remains in full force and effect.
J. No Third Partv Beneficiaries. The Parties acknowledge and agree that there are
no intended or unintended third party beneficiaries of this MOU.
[Signatures on following pages]
Page 8 of 11
12574336.112573926.1
OAK #4845-2649-7842 v l
IN WITNESS WHEREOF, the parties hereto have executed this MOU on the date first
written above.
CITYOF SA RATsMayor municipal corporation
By:Gary . P it
By: /t��61
Kate Colin, Vice -Mayor
By: --/)f f� c
Maribeth Bushey, Councilmember
By: W _
Jim chutz, Ci nager
ATTEST:
By: /ZS/ e a • �1z�
Esther C. Beirne, City Clerk
APPROVED AS TO FORM:
By: L Q t_uL; 47-L P_%_
Rob Epstein, City Attorney' V
[Ritter's and Owners' signatures on following pages]
Page 9 of 11
12574336.112573926.1
OAK #4845-2649-7842 v I 1
THE RITTER CENTER, a California non-profit
corporation
By:
Ci s, iv D"
By:
Bob ock , Pr sent, boar o irectors
[Owners' signatures on following page]
Page 10 of 11
12574336.112573926.1
OAK 44845-2649-7542 v 11
06095.0009
By- � By:
Richard Bottanniv Bonnie Bottarini,
Owner of 12 Ritter Street Owner of 12 Ritter Street
Executed and entered for the sole purpose Executed and entered for the sole purpose
of Section 6, which sets forth the Owners' of Section 6, which sets forth the Owners'
only obligations under this MOU. only obligations under this MOU.
By: By:
Leonard J. Nibbi, Trustee of the Leonard J. Janet L. Nibbi, Trustee of the Leonard J.
Nibbi and Janet L. Nibbi Revocable Trust, Nibbi and Janet L. Nibbi Revocable Trust,
Owner of 16 Ritter Street Owner of 16 Ritter Street
Executed and entered for the sole purpose Executed and entered for the sole purpose
of Section 6, which sets forth the Owners' of Section 6, which sets forth the Owners'
only obligations under this MOU. only obligations under this MOU.
By: By:
Karen M. Brovelli, Trustee of the Karen Alma Addax Brovelli, Trustee of the
Marie Brovelli Revocable Trust, Karen Marie Brovelli Revocable Trust,
Owner of 16 Ritter Street Owner of 16 Ritter Street
Executed and entered for the sole purpose Executed and entered for the sole purpose
of Section 6, which sets forth the Owners' of Section 6, which sets forth the Owners'
only obligations under this MOU. only obligations under this MOU.
Page 11 of 11
12574336.112573926.1
OAK #4845-2649-7842 vl 1
06095-0009
OWNERS:
LIM
By:
Richard Bottarini,
Owner of 12 Ritter Street
Executed and entered for the sole purpose
of Section 6, which sets forth the Owners'
only obligations under this MOU.
Leonard J. Nibbi, Trustee of the Leonard J
Nibbi and Janet L. Nibbi Revocable Trust,
Owner of 16 Ritter Street
Executed and entered for the sole purpose
of Section 6, which sets forth the Owners'
only obligations under this MOU.
By:
Karen M. Brovelli, Trustee of the Karen
Marie Brovelli Revocable Trust,
Owner of 16 Ritter Street
Executed and entered for the sole purpose
of Section 6, which sets forth the Owners'
only obligations under this MOU.
12574336.112573926.1
OAK 44845-2649-7842 vl 1
0-0
Bonnie Bottarini,
Owner of 12 Ritter Street
Executed and entered for the sole purpose
of Section 6, which sets forth the Owners'
only obligations under this MOU.
By:L
Janet L. Nibbi, Trustee of the Leonard J.
Nibbi and Janet L. Nibbi Revocable Trust,
Owner of 16 Ritter Street
Executed and entered for the sole purpose
of Section 6, which sets forth the Owners'
only obligations under this MOU.
By: s 1,7/a11il �_L6trj- ;
Alma Adda Brovelli, Trustee of the George
E. and Alma Adda Brovelli Trust,
Owner of 16 Ritter Street
Page 11 of 11
Executed and entered for the sole purpose
of Section 6, which sets forth the Owners'
only obligations under this MOU.
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) --> CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 8/15/2016
From: Andrew Hening
Department: CMO
Date: 7/25/2016
Topic: Ritter MOU
Subject: Ritter MOU.
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ® Other: Staff Report
APPROVALS
® Finance Director
Remarks: MM - approved 8/9
® City Attorney
Remarks: LG -Approved 8/9/16
® Author, review and accept City Attorney / Finance changes
Remarks:
® City Manager
Remarks:
Esther Beirne
From:
Caron Parker
Sent:
Monday, August 15, 2016 2:03 PM
To:
Esther Beirne
Cc:
Andrew Hening
Subject:
FW: Ritter House
From: alienlesliea@aol.com [mailto:allenlesliea@aol.com]
Sent: Monday, August 15, 2016 12:44 PM
To: Caron Parker
Subject: Ritter House
Mr. Parker,
I'm unable to attend tonight's meeting so I'm emailing today as a concerned citizen of San Rafael. We've lived in Gerstle
Park for the past 15 years, raising two girls. The decline I've seen in our parks and the outskirts of our neighborhood is
extremely troubling. I won't even let my high school age children go to Gerstle Park, 711 or the B Street Safeway; the
homeless situation is out of control. I believe Ritter house attracts the homeless that are ruining our city. Obviously Ritter
helps some but the bad out weighs the good. It needs to be moved out of our downtown area, I'm a taxpayer and my
family should be able to feel safe in our neighborhood park. San Rafael could be so great, a destination for food and
entertainment, but we need to get the growing number of homeless out.
Leslie Allen
116 Greenwood Ave.
415-847-1161
From: Scott Drotman [mailto:scottdrotman@gmail.com]
Sent: Sunday, August 14, 2016 10:41 AM
To: Caron Parker
Subject: Ritter MOU - Must Move Forward
Please enter into the official record and distribute to Council Members,
Dear Council Members,
The Ritter Center relation effort must move forward. The goal being to shut down the San Rafael site
and relocate the services to another area out of the downtown with controls that will ensure the safety
and quality of live of our residents. As a long time Property Owner, I have witnessed the downtown
decay and neglect that has resulted from the expansion of the Ritter Center and Saint Vincent's dinging
room. The services they provide have outgrown the the site and the controls they provide.
Schoolchildren walking down the paths near Ritter House is a liability that must end. Are we waiting for
an incident before we do something?
Saint Vincents was a place where the working poor could get a meal for their families. Now children
have to sit next to "Meth Addicts" getting their morning coffee and donuts. This is real, I have visited the
center and witnessed this first hand.
Thank you,
Scott Drotman
scottdrotman@Rmail.com
