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HomeMy WebLinkAboutCM Health and Wellness CampusAgenda Item No: Meeting Date: September 5, 2006 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager Prepared by: Ken Nordhoff, City Manager City Manager Approval SUBJECT: AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN COUNTY OF MARIN AND CITY OF SAN RAFAEL REGARDING A PROPOSED HEALTH AND WELLNESS CAMPUS RECOMMENDATION: Adopt Resolution authorizing the City Manager to execute an agreement with the county of Marin regarding the County's Health and Wellness Campus. BACKGROUND: The County of Marin (the "County") has entered into an Agreement to purchase the properties located at 3230, 3240, 3250, 3260, 3270 and 3110 Kerner Boulevard to create an integrated Health and Wellness Campus ("Campus"). As proposed, the Campus would provide a range of health related services and programs, illness prevention education, healthy lifestyle alternatives, and provide a medical home for residents in the surrounding Canal neighborhood. Current plans for the campus include the relocation of the Women's Health Clinic and Women, Infants and Children (WIC) Program at Montecito Shopping Center; specialty clinics and a Children's Mental Health and Wellness program at 161 Mitchell; other clinic and immunization services at 920 Grand; adult mental health services (through agreements with non-profit partners) at two downtown San Rafael locations and a satellite clinic of the Marin Community Clinic ("MCC"). Canal residents have consistently requested neighborhood health care services at community meetings and in community surveys. Staff from the Economic Development Department and MCC has been working for several years to identify a site for the satellite clinic. The Redevelopment Agency approved a $100,000 grant for MCC to open a clinic in the neighborhood. This grant was intended to challenge other donors in order to "jump start" MCC's fund raising campaign for a Canal facility. FOR CITY CLERK ONLY File No.: Council Meeting:%�S �O 6 Disposition- ADOPTED RESOLUTION NO.12027- RESOLUTION AUTHORIZING CITY MANAGERTO EXECUTE AGREEMENT BETWEEN COUNTY OF MARIN AND CITY OF SAN RAFAEL REGARDING A PROPOSED HEALTH AND WELLNESS CAMPUS SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 While the City is supportive of neighborhood serving medical services, the size and the different types of services that will be housed on the County Campus has the potential to create significant traffic in an area that is already heavily impacted. The traffic analysis prepared by the County's consultant assumed that MCC will occupy 11,000 square feet of the Campus and the majority of MCC's clients will walk to the site. However, the lease between the MCC and the County has not been finalized and MCC must undertake a fundraising campaign for the interior renovations and for the operation of the satellite clinic. City staff has expressed concern about the traffic impact if MCC does not open the satellite clinic and a more vehicle intensive use occupies the space. CA Government Code Section 53091 prohibits the City from imposing conditions on County owned facilities. The proposed Agreement provides a framework for voluntary cooperation between the City and the County to assure that the Campus provides neighborhood benefits and minimizes negative impacts. The Agreement addresses cooperation in improving access to the site for pedestrians and bicycles, managing Campus parking, and managing the schedules of the facilities to reduce traffic impacts with ongoing assessment of the parking and peak hour traffic generation. Most importantly, the Agreement provides a mechanism to undertake additional environmental review if MCC does not occupy the site or ceases operations on the site within seven years of the execution of the Agreement. FISCAL IMPACT: There will be a net loss of property taxes to the City resulting from the County's purchase of the properties. The properties currently generate property taxes and the County's purchase will remove them from the tax roll. The facilities that the County currently leases for the programs that will be moved to the Campus do not have property tax exemptions so there will be no new property tax revenues resulting from the relocation. The Agreement does not address the potential property tax loss, as the City of San Rafael has no recourse under State Law. OPTIONS: 1) Adopt the Resolution authorizing the City Manager to execute the Agreement. 2) Direct staff to modify the Agreement. 3) Reject the Agreement. ACTION REQUIRED: Adopt Resolution. ATTACHMENTS: Proposed Agreement RESOLUTION NO. 12027 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN COUNTY OF MARIN AND CITY OF SAN RAFAEL REGARDING A PROPOSED HEALTH AND WELLNESS CAMPUS WHEREAS, the County of Marin ("County") a political subdivision of the State of California, desires to create an integrated Health and Wellness Campus ("Campus") on the properties located at 3230,3240,3250,3260,3270 and 3110 Kerner Boulevard; and WHEREAS, the Campus would provide a range of health related services and programs, illness prevention education, healthy lifestyle alternatives, and provide a medical home for residents in the surrounding area, and WHEREAS, traffic generated by this proposed Campus is a major concern of the City, and WHEREAS, the traffic study dated June 21, 2006 prepared for the County by W -Trans indicated certain traffic generation for the proposed Campus. The conclusions of this study were based on the Marin Community Clinic and other neighborhood serving health uses including Women's Health Clinic and Women, Infants and Children (WIC) Program currently located at Montecito Shopping Center being located at the proposed Campus; and WHEREAS, the City has stated its support of this project is premised in large part on the County's indication of intent to execute a long term lease with the Marin Community Clinic, to be located in one of the buildings on the Campus, and WHEREAS, the City has supported Marin Community Clinic locating a primary health clinic in the Canal area of San Rafael, and has committed $100,000 from the City's Redevelopment Funds to the Marin Community Clinic to support that effort, and th WHEREAS, on July 25 , 2006 the Board of Supervisors authorized the County staff to contract with the Marin Community Clinic under the terms and conditions of the letter of intent from Marin Community Clinic to operate a primary care health clinic initially in 11,000 square feet in one of the proposed County buildings on the Health and Wellness Campus; and WHEREAS, the City and the County have a shared interest in managing traffic to ensure that the Campus will operate successfully, and WHEREAS, the City and the County have prepared an Agreement that addresses many of the concerns of the City regarding the proposed Campus; and WHEREAS, this Agreement has been approved by the City Attorney and County Counsel and will be presented to the Board of Supervisors on September 12, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager and the City Attorney take all actions necessary to exercise the Agreement between the County of Marin and the City of San Rafael regarding the planned Health and Wellness Campus; and BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption. ' �. ✓ o,Ayr �� I, JEANNE M. LEONCINI, 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 Tuesday, the 5°i day of September, 2006 by the following vote, to wit: AYES Q1610 ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro COUNCILMEMBERS: None COUNCILMEMBERS: None JEANIgE,- i . LEONCNI, City Clerk AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING A PLANNED HEALTH AND WELLNESS CAMPUS NEAR THE INTERSECTION OF KERNER BOULEVARD AND BELLAM BOULEVARD IN THE CANAL AREA OF SAN RAFAEL, CALIFORNIA This Cooperation Agreement is made this day of 2006 by the County of Marin ("County") a political subdivision of the State of California, and the City of San Rafael ("City") a political subdivision of the State of California. RECITALS WHEREAS, the County currently offers many services within the City of San Rafael; the Women's Health Clinic and Women, Infants and Children (WIC) Program at Montecito Shopping Center; specialty clinics and a Children's Mental Health and Wellness program at 161 Mitchell; other clinic and immunization services at 920 Grand; adult mental health services (through agreements with non-profit partners) at two downtown San Rafael locations; and WHEREAS, the current County locations at Montecito and 161 Mitchell do not provide the best access to services for the majority of the clients, many of which live in the Canal area of San Rafael, and WHEREAS, the contracts for County space leased at Montecito Shopping Center and at 161 Mitchell ("Leases") are expired or expiring in the near future and each site would require considerable upgrades to meet the accessibility standards for facilities and programs as required by the State, Federal, County, and City of San Rafael laws and ordinances, at substantial financial cost to the owners of those buildings, and WHEREAS, the County has explored locating services in various parts of San Rafael with the City leaders, including the location next to the San Rafael transit hub near the former City corporation yard; and WHEREAS, the City suggested that the County explore alternative locations, and WHEREAS, the County and Marin Community Clinic have been discussing the possibility of co -locating services for the past two years as each party provides services to a significant number of the same clients, and WHEREAS, the City has stated its support of this project is premised in large part on the County's indication of intent to execute a long term lease with the Marin Community Clinic, to be located in one of the buildings proposed to be acquired by the County, and WHEREAS, the City has supported Marin Community Clinic locating a primary health clinic in the Canal area of San Rafael, and has committed $100,000 from the City's Redevelopment Funds to the Marin Community Clinic to support that effort, and WHEREAS, the County entered into an Option Agreement on April 18, 2006 with Seagate SRBC Associates LLC, a California LLC, to explore the purchase of the land and improvements commonly referred to as 3230, 3240, 3250, 3260, and 3270 Kerner Boulevard (APN 009-280-07), San Rafael, and WHEREAS, the County entered into an Option Agreement on May 23, 2006 with Lawrence Family Trust to explore the purchase of the land and improvements commonly referred to as 3110 Kerner Boulevard, San Rafael, and Cooperation Agreement: Canal Area Health and Wellness Campus Page 2 WHEREAS, the County has explored the feasibility of creating an integrated Health and Wellness Campus ("Campus") on the two sites specified above ("Properties") which would include Marin Community Clinic, and WHEREAS, the County has contracted with the San Rafael -based architectural firm Kappe + Du to lead the due diligence on the Properties and the conceptual Campus planning efforts at significant up -front costs to the County, and WHEREAS, the County received a letter of intent dated July 10, 2006 from the Marin Community Clinic to participate in the Health and Wellness Campus by creating and operating a primary care health clinic initially in 11,000 square feet in one of the proposed County buildings; and WHEREAS, on July 25th, 2006 the Board of Supervisors authorized the County staff to contract with the Marin Community Clinic under the terms and conditions of the letter of intent from Marin Community Clinic; and WHEREAS, the Health and Wellness Campus would provide a range of health related services and programs, illness prevention education, healthy lifestyle alternatives, and provide a medical home for residents in the surrounding area, and WHEREAS, the proximity of many Canal area residents to the proposed programs in the Health and Wellness Campus, including o Women's Health (currently in Montecito in San Rafael) © 42% of clients within 1 mile, 55% within 2 miles of site o Marin Community Clinic (expanding from Greenbrae) © 40% of existing patients live in Canal area, approximately 4,800 people o WIC (currently in Montecito in San Rafael) © 47% of clients within 1 mile, 59% within 2 miles of site o Mental Health (various programs in San Rafael and Greenbrae) © 15% of clients within 1 mile, 31 % within 2 miles of site, indicates the Properties are an excellent location that would conveniently serve a large number of local clients, and WHEREAS, although the County could occupy five of the six buildings within a few months, with some minor modifications and acknowledging the existing conditions on the site, the County realizes that would not be in the best interests of the County, the service providers, the local community, or the City of San Rafael, and WHEREAS, The County is committed to improving the buildings and sites into a connected, sustainable campus, and integrating the design to best serve the community, with an expected occupancy date ranging between 12 — 24 months in some of the buildings, and 18 -24 months on the remaining buildings, and WHEREAS, the County of Marin is committed to the improvement and beautification of the proposed Health and Wellness Campus site including using green building and sustainable planning measures for the renovations; the County is planning these facilities as "green" buildings under the LEED system, with the goal to reach the Gold level, with a minimum of a Silver level standard for the buildings, and planning a sustainable site with standards that reduce the use of water and create energy efficiency, and Cooperation Agreement: Canal Area Health and Wellness Campus Page 3 WHEREAS, the County is committed to making all facilities and programs accessible to the entire community, and to upgrade the legal path -of -travel from the public transit stop on Kerner to the Campus buildings to ensure accessibility for the disabled, and WHEREAS, the County is committed to work with the local community to create safe pedestrian access to the Campus; and WHEREAS , the County has provided the operating information, including number of employees, clients, client visits, and current hours of operation to consultants and City of San Rafael staff as requested, and WHEREAS, the proposed number of Campus employees (including County and Marin Community Clinic employees) will be significantly less than the number of Industrial Light and Magic employees that had been housed here and recently relocated to San Francisco, and WHEREAS, the County understands that traffic is a major concern of the City, and WHEREAS, the County and the City have a shared interest in managing traffic to ensure that the Campus will operate successfully, and WHEREAS, based on an extensive traffic study, the potential traffic generation of the proposed Campus is about the same as when Industrial Light and Magic occupied the Properties, and WHEREAS, the County is committed to taking proactive steps to reduce traffic, and WHEREAS, the County has been advised of the concern of the City of San Rafael regarding the trip generation resulting from the project herein described, as the same may affect and impact the traffic congested area of East San Rafael, and the ability of the City in the future to approve proposed development projects in that area of the City, and WHEREAS, the Properties are already served by public transit service, and WHEREAS, the City has provided comments to the County concerning the proposed Campus buildings in a letter dated August 14, 2006, and WHEREAS, the County of Marin, acting through its Board of Supervisors, has determined that the Health and Wellness Campus would provide a great benefit to the local community and to the entire County, and WHEREAS, the County's due diligence on the Properties and conceptual Campus design would require a significant investment in the Canal area of San Rafael of up to $72.6 million dollars in total project costs, including acquiring the Properties and developing the Campus, and to WHEREAS, on July 25 , the Board of Supervisors authorized the publishing of the Notice of Intention to Purchase the Property and to consider entering into a purchase agreement on August 15, 2006 at 11:00 AM in the Board chambers, and WHEREAS, the County and City have come to agreement on cooperative actions that will be undertaken as described below and herein to resolve any and all disputes regarding the Project and the appropriate level of environmental review under CEQA. Cooperation Agreement: Canal Area Health and Wellness Campus Page 4 NOW, THEREFORE, The City and the County agree to cooperate as follows: 1. In the County's planning and implementation of upgrading the path of travel over City sidewalks. 2. In working with the local community to create a safe pedestrian crossing of Bellam from the Canal neighborhood to the Campus, and work together to find potential funding sources. Some alternatives may require the City and County to plan to upgrade the City's flood channel easement in order to provide a safe pedestrian walkway along that easement. 3. The County will commit to helping manage the traffic as follows, including, but not limited to: • Working with the Marin County Transit District (MCTD) to develop schedules that meet the best needs of the City, local community, and clients of the Health and Wellness Campus • Creating bicycle -friendly incentives and safe access throughout the campus to promote bicycling to the Campus • Operating the sites at 3110 Kerner and 3230 through 3270 Kerner with a coordinated parking plan to promote employee commute alternatives that include the following: o Preferred parking locations for employees who carpool o Offer vanpooling coordination and preferred parking o Direct most employees in the main campus building who drive single - occupant vehicles to park at 3110 Kerner, to leave spaces on the main campus for program clients and preferred parking for vehicle pools o Monitor the parking lots so that only Campus employees and visitors use these lots • Accepting permit parking or metered parking along Kerner Boulevard to prevent County employees or the program clients from using those spaces or to provide revenue to the City of San Rafael. • Providing a transit reimbursement program for employees who ride transit • Consider transit subsidies for those clients coming to the Campus from outside the Canal area • Working with the Marin Community Clinic and the County Women's Health Clinic to modify hours of operation to ensure the successful implementation of these clinics in this area • Promoting the County's policy to those employees who may be able to telecommute to and from work a few days a week • Extending flexible work schedules to those employees so that they may travel off the peak travel hours, and potentially work into the evenings or on weekends 4. Once the Campus begins full operation, the County will monitor the parking and peak - hour traffic to and from the Campus, and share the information with the City's traffic engineer. Should the subsequent peak -hour traffic generation be significantly greater than that shown in the traffic study dated June 21, 2006 prepared for the County by W - Trans, then the County will make a concerted good -faith effort to reduce the traffic generation, and the County will provide the City with periodic information regarding County's efforts to address City's concerns. Cooperation Agreement: Canal Area Health and Wellness Campus Page 5 5. Should Marin Community Clinic fail to enter into a binding lease agreement with the County in connection with its previously executed Letter of Intent referenced above herein, or should Marin Community Clinic leave and cease occupancy of its building proposed for lease by County hereunder, for a period of seven years from the execution of this Cooperation Agreement, County agrees to perform environmental review pursuant to the California Environmental Quality Act (CEQA), but only regarding that space that Marin Community Clinic would have occupied. The County will communicate with the City regarding their assessment and efforts to mitigate any additional traffic impacts of any proposed new occupancy of such building, and the City will assess and respond to the County's proposed traffic mitigation measures. 6. In consideration for the County's agreements set forth herein City agrees to support this project and that it will not file or institute any administrative or judicial challenge to the County's decision to acquire the Campus or construct the project as described above on grounds that the County's approval of the acquisition of the proposed campus properties or subsequent construction of the project was undertaken without appropriate compliance with applicable provisions of CEQA and/or Government Code section 65402. In Witness Whereof, the Parties have executed this Cooperation Agreement on the Date below: COUNTY OF MARIN CITY OF SAN RAFAEL Signature Title County of Marin Date ATTEST: County Clerk APPROVED AS TO FORM: Patrick Faulkner, County Counsel, County of M , State of Cal'fornia By: County Counsel Iv Signator KEN NORDHOFF VV City Manager Title City of San Rafael Date 9/5/06 ATTEST: JE M. LEONCNI, City Clerk APPROVE AS TO FORM: GARY T. RAGGHIANTI, City Attorney MR F113 1G01:41ANZI0� Mr. Kenneth A. Nordhoff, City Manager _ City of San Rafael O P.O. Box 151560 1400 Fifth Avenue San Rafael, CA 94915-1560 SUBJECT: Cooperation Agreement between County of Marin and The City of San Rafael Dear Ken: Please find enclosed six copies of the Cooperation Agreement, the version that I e-mailed to you last Friday afternoon. These have been approved as to form by County Counsel for your meeting with your Council on September 5tH After they have been executed, please forward them to Matthew Hymel, as we are taking the agreement to the Board of Supervisors on September 12tH. Please note that I will be out of the office from September 7th, returning on September 18th If you have any questions before I am out, please feel free to contact me at my office at 499-6016. Sincer , t/t� David Speer Facilities Planning and Development Manager Enclosures cc: Matthew H. Hymel, County Administrator Patrick Faulkner, County Counsel 1 AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING A PLANNED HEALTH AND WELLNESS CAMPUS NEAR THE INTERSECTION OF KERNER BOULEVARD AND BELLAM BOULEVARD IN THE CANAL AREA OF SAN RAFAEL, CALIFORNIA This Cooperation Agreement is made this day of 2006 by the County of Marin ("County") a political subdivision of the State of California, and the City of San Rafael ("City") a political subdivision of the State of California. RECITALS WHEREAS, the County currently offers many services within the City of San Rafael; the Women's Health Clinic and Women, Infants and Children (WIC) Program at Montecito Shopping Center; specialty clinics and a Children's Mental Health and Wellness program at 161 Mitchell; other clinic and immunization services at 920 Grand; adult mental health services (through agreements with non-profit partners) at two downtown San Rafael locations; and WHEREAS, the current County locations at Montecito and 161 Mitchell do not provide the best access to services for the majority of the clients, many of which live in the Canal area of San Rafael, and WHEREAS, the contracts for County space leased at Montecito Shopping Center and at 161 Mitchell ("Leases") are expired or expiring in the near future and each site would require considerable upgrades to meet the accessibility standards for facilities and programs as required by the State, Federal, County, and City of San Rafael laws and ordinances, at substantial financial cost to the owners of those buildings, and WHEREAS, the County has explored locating services in various parts of San Rafael with the City leaders, including the location next to the San Rafael transit hub near the former City corporation yard; and WHEREAS, the City suggested that the County explore alternative locations, and WHEREAS, the County and Marin Community Clinic have been discussing the possibility of co -locating services for the past two years as each party provides services to a significant number of the same clients, and WHEREAS, the City has stated its support of this project is premised in large part on the County's indication of intent to execute a long term lease with the Marin Community Clinic, to be located in one of the buildings proposed to be acquired by the County, and WHEREAS, the City has supported Marin Community Clinic locating a primary health clinic in the Canal area of San Rafael, and has committed $100,000 from the City's Redevelopment Funds to the Marin Community Clinic to support that effort, and WHEREAS, the County entered into an Option Agreement on April 18, 2006 with Seagate SRBC Associates LLC, a California LLC, to explore the purchase of the land and improvements commonly referred to as 3230, 3240, 3250, 3260, and 3270 Kerner Boulevard (APN 009-280-07), San Rafael, and WHEREAS, the County entered into an Option Agreement on May 23, 2006 with Lawrence Family Trust to explore the purchase of the land and improvements commonly referred to as 3110 Kerner Boulevard, San Rafael, and EXHIBIT A Cooperation Agreement: Canal Area Health and Wellness Campus Page 2 WHEREAS, the County has explored the feasibility of creating an integrated Health and Wellness Campus ("Campus") on the two sites specified above ("Properties") which would include Marin Community Clinic, and WHEREAS, the County has contracted with the San Rafael -based architectural firm Kappe + Du to lead the due diligence on the Properties and the conceptual Campus planning efforts at significant up -front costs to the County, and WHEREAS, the County received a letter of intent dated July 10, 2006 from the Marin Community Clinic to participate in the Health and Wellness Campus by creating and operating a primary care health clinic initially in 11,000 square feet in one of the proposed County buildings; and to WHEREAS, on July 25 , 2006 the Board of Supervisors authorized the County staff to contract with the Marin Community Clinic under the terms and conditions of the letter of intent from Marin Community Clinic; and WHEREAS, the Health and Wellness Campus would provide a range of health related services and programs, illness prevention education, healthy lifestyle alternatives, and provide a medical home for residents in the surrounding area, and WHEREAS, the proximity of many Canal area residents to the proposed programs in the Health and Wellness Campus, including o Women's Health (currently in Montecito in San Rafael) ©OO 42% of clients within 1 mile, 55% within 2 miles of site o Marin Community Clinic (expanding from Greenbrae) ©OO 40% of existing patients live in Canal area, approximately 4,800 people o WIC (currently in Montecito in San Rafael) ©OO 47% of clients within 1 mile, 59% within 2 miles of site o Mental Health (various programs in San Rafael and Greenbrae) ©OO 15% of clients within 1 mile, 31% within 2 miles of site, indicates the Properties are an excellent location that would conveniently serve a large number of local clients, and WHEREAS, although the County could occupy five of the six buildings within a few months, with some minor modifications and acknowledging the existing conditions on the site, the County realizes that would not be in the best interests of the County, the service providers, the local community, or the City of San Rafael, and WHEREAS, The County is committed to improving the buildings and sites into a connected, sustainable campus, and integrating the design to best serve the community, with an expected occupancy date ranging between 12 — 24 months in some of the buildings, and 18 -24 months on the remaining buildings, and WHEREAS, the County of Marin is committed to the improvement and beautification of the proposed Health and Wellness Campus site including using green building and sustainable planning measures for the renovations; the County is planning these facilities as "green" buildings under the LEED system, with the goal to reach the Gold level, with a minimum of a Silver level standard for the buildings, and planning a sustainable site with standards that reduce the use of water and create energy efficiency, and Cooperation Agreement: Canal Area Health and Wellness Campus Page 3 WHEREAS, the County is committed to making all facilities and programs accessible to the entire community, and to upgrade the legal path -of -travel from the public transit stop on Kerner to the Campus buildings to ensure accessibility for the disabled, and WHEREAS, the County is committed to work with the local community to create safe pedestrian access to the Campus; and WHEREAS , the County has provided the operating information, including number of employees, clients, client visits, and current hours of operation to consultants and City of San Rafael staff as requested, and WHEREAS, the proposed number of Campus employees (including County and Marin Community Clinic employees) will be significantly less than the number of Industrial Light and Magic employees that had been housed here and recently relocated to San Francisco, and WHEREAS, the County understands that traffic is a major concern of the City, and WHEREAS, the County and the City have a shared interest in managing traffic to ensure that the Campus will operate successfully, and WHEREAS, based on an extensive traffic study, the potential traffic generation of the proposed Campus is about the same as when Industrial Light and Magic occupied the Properties, and WHEREAS, the County is committed to taking proactive steps to reduce traffic, and WHEREAS, the County has been advised of the concern of the City of San Rafael regarding the trip generation resulting from the project herein described, as the same may affect and impact the traffic congested area of East San Rafael, and the ability of the City in the future to approve proposed development projects in that area of the City, and WHEREAS, the Properties are already served by public transit service, and WHEREAS, the City has provided comments to the County concerning the proposed Campus buildings in a letter dated August 14, 2006, and WHEREAS, the County of Marin, acting through its Board of Supervisors, has determined that the Health and Wellness Campus would provide a great benefit to the local community and to the entire County, and WHEREAS, the County's due diligence on the Properties and conceptual Campus design would require a significant investment in the Canal area of San Rafael of up to $72.6 million dollars in total project costs, including acquiring the Properties and developing the Campus, and 1n WHEREAS, on July 25 , the Board of Supervisors authorized the publishing of the Notice of Intention to Purchase the Property and to consider entering into a purchase agreement on August 15, 2006 at 11:00 AM in the Board chambers, and WHEREAS, the County and City have come to agreement on cooperative actions that will be undertaken as described below and herein to resolve any and all disputes regarding the Project and the appropriate level of environmental review under CEQA. Cooperation Agreement: Canal Area Health and Wellness Campus Page 4 NOW, THEREFORE, The City and the County agree to cooperate as follows: 1. In the County's planning and implementation of upgrading the path of travel over City sidewalks. 2. In working with the local community to create a safe pedestrian crossing of Bellam from the Canal neighborhood to the Campus, and work together to find potential funding sources. Some alternatives may require the City and County to plan to upgrade the City's flood channel easement in order to provide a safe pedestrian walkway along that easement. 3. The County will commit to helping manage the traffic as follows, including, but not limited to: • Working with the Marin County Transit District (MCTD) to develop schedules that meet the best needs of the City, local community, and clients of the Health and Wellness Campus • Creating bicycle -friendly incentives and safe access throughout the campus to promote bicycling to the Campus • Operating the sites at 3110 Kerner and 3230 through 3270 Kerner with a coordinated parking plan to promote employee commute alternatives that include the following: o Preferred parking locations for employees who carpool o Offer vanpooling coordination and preferred parking o Direct most employees in the main campus building who drive single - occupant vehicles to park at 3110 Kerner, to leave spaces on the main campus for program clients and preferred parking for vehicle pools o Monitor the parking lots so that only Campus employees and visitors use these lots • Accepting permit parking or metered parking along Kerner Boulevard to prevent County employees or the program clients from using those spaces or to provide revenue to the City of San Rafael. • Providing a transit reimbursement program for employees who ride transit • Consider transit subsidies for those clients coming to the Campus from outside the Canal area • Working with the Marin Community Clinic and the County Women's Health Clinic to modify hours of operation to ensure the successful implementation of these clinics in this area • Promoting the County's policy to those employees who may be able to telecommute to and from work a few days a week • Extending flexible work schedules to those employees so that they may travel off the peak travel hours, and potentially work into the evenings or on weekends 4. Once the Campus begins full operation, the County will monitor the parking and peak - hour traffic to and from the Campus, and share the information with the City's traffic engineer. Should the subsequent peak -hour traffic generation be significantly greater than that shown in the traffic study dated June 21, 2006 prepared for the County by W - Trans, then the County will make a concerted good -faith effort to reduce the traffic generation, and the County will provide the City with periodic information regarding County's efforts to address City's concerns. Cooperation Agreement: Canal Area Health and Wellness Campus Page 5 5. Should Marin Community Clinic fail to enter into a binding lease agreement with the County in connection with its previously executed Letter of Intent referenced above herein, or should Marin Community Clinic leave and cease occupancy of its building proposed for lease by County hereunder, for a period of seven years from the execution of this Cooperation Agreement, County agrees to perform environmental review pursuant to the California Environmental Quality Act (CEQA), but only regarding that space that Marin Community Clinic would have occupied. The County will communicate with the City regarding their assessment and efforts to mitigate any additional traffic impacts of any proposed new occupancy of such building, and the City will assess and respond to the County's proposed traffic mitigation measures. 6. In consideration for the County's agreements set forth herein City agrees to support this project and that it will not file or institute any administrative or judicial challenge to the County's decision to acquire the Campus or construct the project as described above on grounds that the County's approval of the acquisition of the proposed campus properties or subsequent construction of the project was undertaken without appropriate compliance with applicable provisions of CEQA and/or Government Code section 65402. In Witness Whereof, the Parties have executed this Cooperation Agreement on the Date below: COUNTY OF MARIN CITY OF SAN RAFAEL Signature Title County of Marin Date ATTEST: County Clerk APPROVED AS TO FORM: Patrick Faulkner, County Counsel, CountyO�� ,State of Cal'fornia zounty Counsel Signature Title City of San Rafael Date KIM JEANNE M. LEONCI I, City Clerk PRO AS TO FORM: GA#,Y T. RAGGHIANTI, City Attorney CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA'% SRCC AGENDA ITEM NO. DATE OF MEETING: _9/5/06 FROM: Ken Nordhoff/Stephanie Lovette DEPARTMENT: City Manager DATE: TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN COUNTY OF MARIN AND A1.I :IS � � I. ITY F AN C L REGARDING A PROPOSED HEALTH AND WELLNESS wIlry Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVE AS COUNCIL/ AGENCY AGEN© T M: Cit �aer .,...... City (signature) NOT APPROVED APPROVED AS TO FORM: ha4�4 L)ejjtj Cityttorney (signature) REMARKS: Emailed the resolution to Gus and Gary. Have not heard back from Gary yet.