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