HomeMy WebLinkAboutSPCC Minutes 2012-02-29SRCC MINUTES (Special) 02/29/2012 Page 1
IN THE COUNCIL CHAMBERS, CITY HALL, WEDNESDAY, FEBRUARY 29, 2012 AT 3:30 PM
Special Meeting:
San Rafael City Council
Also Present: Nancy Mackle, City Manager
Robert Epstein, City Attorney
Esther C. Beirne, City Clerk
Present: Gary O. Phillips, Mayor
Marc Levine, Vice -Mayor
Damon Connolly, Councilmember
Barbara Heller, Councilmember
Andrew McCullough, Councilmember
Absent: None
OPEN SESSION — COUNCIL CHAMBERS: 3:30 PM
Mayor Phillips announced Closed Session item.
Jonathan Frieman, Keep it Local San Rafael, stated that he had enjoyed working with Mayor
Phillips on this issue. He believed the outcome would be a good one and appreciated Mayor
Phillips' help, and the cooperation of Ca1Pox and Target which would result in something
healing for the community.
Thanking Mr. Frieman for his assistance Mayor Phillips stated that, although not quite there, a
conclusion was getting close.
CLOSED SESSION - CONFERENCE ROOM 201 - 3:30 PM:
2. Closed Session:
a) Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(A)
Case Name: Keep it Local San Rafael v. Citv of San Rafael
Marin Superior Court Case # CIV 1102978
OPEN SESSION - COUNCIL CHAMBERS - at the conclusion of the Closed Session:
3. Robert Epstein, City Attorney reported as follows:
"I am pleased to report that there was reportable action taken with regard to the litigation that was filed
by `Keep It Local San Rafael' against the City of San Rafael with the real party in interest and the owner
of the property `Cal -Pox' and, pursuant to a settlement agreement that was just approved by the City
Council, and which has been signed and approved by the other parties to the litigation, the lawsuit has
been permanently resolved.
The salient terms of the settlement agreement are as follows:
• The case will be dismissed at the Marin County Superior Court and there will be an escrow
account created by delivery from Cal -Pox of a total of $340,000 to an escrow holder; those
moneys shall be used as follows:
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=> Cal -Pox shall pay `Keep It Local San Rafael' $40,000 to reimburse for attorneys' fees
it incurred in the litigation through this time.
=> There will be $250,000, to be known as `Downtown Funds' pursuant to this
agreement that will be used to provide financial support for education and
development services for downtown businesses, improvement of marketing and
business vitality for downtown and events that take place in downtown San Rafael,
including, but not limited to the Festival of Lights, May Madness, Farmers' Market
and the Italian Street Painting Festival. These funds will not all be distributed at
once, however, but rather over a period of five years. The first payment of $50,000
shall be released immediately upon the receipt of a building permit by the escrow
holder and, I think the City's expectation is that will happen in the third or fourth
quarter of this year. The second, third, fourth and fifth payments shall thereafter each
be $50,000 and each will occur annually following the date of the first payment. This
will exhaust the $250,000 payment of downtown funds.
=> There will be a committee formed to review and approve the proposals that the
Business Improvement District (BID), which shall be charged with spending those
funds, makes for the use of the funds. That committee will be comprised of a
member of Keep It Local San Rafael, a representative from the BID and a City
Council member or staff member. The decisions of that committee will be made by
majority vote.
=> The parties also agree that certain transportation demand management measures will
be recorded against the property as requirements for the use of the subject property.
These include organizing employee carpooling, employee vanpooling, using good
faith efforts to stagger work hours so that employees can adjust their commute times
to avoid peak travel times and other similar transportation demand management
measures. Once the escrow holder receives evidence that the transportation demand
management measures agreement has been recorded against the property, the final
$50,000 shall be returned to Cal -Pox. If the transportation demand management
agreement is not recorded however, that $50,000 would be added to the downtown
funds.
Other than that there is a waiver and release of all claims, other typical final settlement and
release provisions seen in agreements of this nature, and the bottom line being that I am again
very pleased to report that with hard work by all the parties involved, and their attorneys, this
litigation is finally resolved."
There being no further business, the meeting was adjourned at 4:30 p.m.
ESTHER C. BEIRNE, CITY CLERK
APPROVED THIS DAY OF 2012
MAYOR OF THE CITY OF SAN RAFAEL
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