City Council Sept 17, 2024
City Council Meeting Summary
Time | Item | Item Summary | Motion Summary | Comment Summary |
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00:00:07 | None: None | The meeting begins with roll call and acknowledgement of the broadcast on cable TV, Zoom, and the city website. (00:00:07) The council then goes into closed session to discuss real property negotiation at 100 Humboldt Avenue, South City Yacht Harbor, and returns at 7 PM. (00:01:11) Upon return, the council resumes with the Pledge of Allegiance, (00:01:19) followed by a special presentation on the completed Edwards Avenue repaving project, costing $1.57 million. (00:01:46) Kevin McGowan, Public Works Director, introduces Andrew Davidson, senior engineer, to present the project details. (00:02:03) Andrew Davidson provides a history of the project, explaining that Edwards Avenue was initially part of the 2022 Street Resurfacing Project but was separated due to its steepness, concrete paving, and necessary sanitary sewer work. (00:02:37) He notes that the work on Gerard, Johnson, and Platt was completed in October and November 2022. (00:03:01) He defines the project limits on Edwards Avenue between Marion Avenue and Alexander Avenue. (00:03:17) He mentions that on January 16, 2024, the City Council authorized a construction contract to Majoran Gelati for $1,050,530 plus bid alternatives, a contingency of $121,920, for a total of $1,172,450. (00:03:38) The City Council also approved a professional service agreement for inspection and construction management to CSW Stuber-Stroh for $107,550, bringing the total construction authorization to $1,280,000. (00:04:05) | No Motion | 0 Total: 0 In Favor 0 Against 0 Neutral |
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00:04:25 | 1: SPECIAL PRESENTATIONS/MAYOR'S ANNOUNCEMENTS | Andrew Davidson presented an overview of the Edwards Roadway and Sewer project, detailing the replacement of the road surface with asphalt and concrete, as well as the replacement of the sanitary sewer main using a bursting method. The Marin Municipal Water District also replaced the water main and services during the project. The project faced challenges due to the full closure of Edwards, requiring coordination with the fire department and police for emergency access (00:09:36). The total allocation for the work completed in 2022, plus the Edwards project was 3.5 million (00:10:59). The cost of the completed Edwards Roadway and Sewer project, including MMWD, is about $980,000 (00:11:20). The presentation concluded with a thank you to the residents and contractors for their cooperation during the disruptive construction period (00:12:51). | Motion to push the July 30th minutes to the next scheduled city council meeting and approve the September 7th and the September 9th city council minutes as written (00:17:54). | 2 Total: 1 In Favor 0 Against 1 Neutral |
00:13:36 Paul Albritton was In Favor: Expressed his pleasure at the completion of the Edwards Street paving project after waiting for it for 35 years.
00:14:27 Bep McDougall was Neutral: Expressed gladness that the work was finally getting done and suggested using cobblestones for steep inclines in the future, citing their effectiveness in providing traction and adding charm to the neighborhood. |
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00:18:05 | 2: ACTION MINUTES OF PREVIOUS MEETING | The council is considering the action minutes from a previous meeting. Before the vote, the Mayor opened the floor for public comment. A point of contention arose regarding the authenticity of meeting transcripts, with a member of the public alleging a violation of federal law due to the lack of verbatim minutes. The City Clerk clarified that recordings of all meetings are available for public viewing. The City Attorney stated that action minutes are legally sufficient under the Brown Act, and verbatim minutes are not required. The council then voted to approve the minutes unanimously. (00:20:40) | Motion to approve the action minutes of the previous meeting, which carried unanimously. (00:20:40) | 2 Total: 0 In Favor 1 Against 1 Neutral |
00:18:22 Bep McDougall was Against: Expressed concern over the lack of authentic transcripts of public meetings, claiming it is a violation of federal law. She suggested exploring solutions like AI or court reporters to ensure accurate records and emphasized the importance of reliable transcripts in case of lawsuits. (00:18:29) (00:19:31)
00:20:00 Karen Hollweg was Neutral: Requested the city attorney to respond to the accusation that the city is breaking federal law by not having verbatim minutes. (00:20:00) |
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00:23:03 | 3: CONSENT CALENDAR | The council is reviewing the consent calendar. Karen Hollweg notes an amendment to the title of item 3F, changing it to "Bridgeway Bikeway slash Roadway slash Pedestrian Improvements" (00:23:05). Item 3H is removed due to numerous public comments (00:23:20). Councilmember Hoffman requests item 3L, regarding the Yacht Harbor agreement, also be removed (00:23:32). The council then proceeds to public comment on the remaining consent items, excluding 3H and 3L. The discussion then turns to item 3H regarding parking regulations at 22 Atwood, with a presentation by Adam Blair, Assistant Planner, and Andrew Davidson, Senior Engineer. Blair provides background on the project and planning approvals for 22 Atwood Avenue. Davidson discusses the no-parking request made by the property owner to improve ingress and egress to their garage on North Street. A turning study by parametrics indicates potential conflicts with parked vehicles. Davidson explains existing parking regulations and enforcement in the area, referencing a parking spot count conducted by parking enforcement. The presentation addresses concerns about the shortage of parking and potential unauthorized red curbs in the neighborhood. Vice Mayor Hollweg asks questions about the history of the project and encroachment agreements (00:41:50). Mayor Kamele inquires about an audit of red curbs and enforcement of parking regulations (00:45:40). Hollweg asks if Atwood had redlined in front of their house (00:48:39). | Motion to approve all consent calendar items with the exception of 3H and 3L (00:25:00). The motion was seconded (00:25:07) and carried (00:25:11). | 2 Total: 0 In Favor 0 Against 2 Neutral |
00:24:23 Bep McDougall was Neutral: Bep McDougall makes two points of order. First, she clarifies that she used the word "authentic" not "verbatim" in a previous discussion. Second, she criticizes the use of the consent calendar for handling business in such a sweeping manner.
00:49:02 Simone Waddell was Neutral: No summary provided in transcription. |
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00:49:49 | 3.H: Adopt a Resolution Amending Parking Regulations to Establish a NO PARKING ZONE opposite the driveway and garage of 22 Atwood Avenue, APN: 065-203-02, located along the 301 North Street frontage | This agenda item concerns a request to establish a NO PARKING ZONE opposite the driveway and garage of 22 Atwood Avenue on North Street. Several community members voiced their concerns about the potential loss of parking spaces in an already congested area. The discussion included historical context of parking regulations on North Street, the impact of larger vehicles on parking availability, and whether or not the garage at 22 Atwood can be realistically accessed with cars parked across the street. Councilmember Cox presented a garage plan from 2014 and mentioned that at the time of approval the planning comission was very concerned about ensuring and creating off-street parking (01:12:05). There was discussion of an idea to shift parking spaces to the west without reducing parking spots to allow access to the garage at 22 Atwood. Councilmember Hoffman states the problem is the homeowner is not able to access the two-car garage (01:20:37). | Vice Mayor Cox made a motion to deny the request to establish a no parking zone, but directed staff to investigate renegade red curbs and the possibility of reconfiguring parking spaces without reducing the number of spots. The motion was seconded by Mayor Kamele and passed unanimously. (01:13:29) | 12 Total: 1 In Favor 8 Against 3 Neutral |
00:49:15 Unknown was Against: A long-time resident of Sausalito spoke about the importance of community and respecting existing rules, referencing past alterations to the curb on North Street.
00:50:50 Unknown was Against: A resident from Second Street highlighted the lack of public parking for residences on the stairs and the challenges of parking on North Street, urging the council to maintain all parking spaces. They noted the property at 22 Atwood has two spaces on Atwood that are accessible and a two-car garage. 00:52:45 Niels Carlsen was Against: A resident of 3rd Street questioned the logic of moving the parking problem from one property to the neighbors, arguing it doesn't solve the owner's issue. 00:54:01 Ted Barton was Against: Presented a visual aid demonstrating the increase of red-lined (no parking) zones in the area. He recounted a past incident where a previous owner of 301 North Street altered the curb and painted it red, which was later corrected by the city. He suggested that the current owners are benefiting from this precedent and that if the new property owners can get two cars in the garage, then they should. 00:56:06 Carolyn Rebell was Against: A resident of North Street who went through a permitting process to create her own parking place spoke on behalf of the neighbors, expressing sympathy for their parking situation. She referenced an earlier decision regarding the garage approval, emphasizing that it should not impact ingress and egress, and urged consideration for the neighbors' plight over the garage owner's convenience. 00:56:55 Nora Waddell was Against: Seconded her mother's comments, emphasizing the importance of defending the public good over individual interests. She mentioned a previous instance of red curbing granted to a homeowner with a parallel garage and the reduction of parking space due to garbage cans placed in a parking space. She stated they have always parked on the street and coexist in a small, dense area. 00:59:15 Lori Volt was Neutral: Expressed support based on her own experience of getting a red box in front of her house to allow access to her garage. She also reported rouge red markings on Central Avenue where a homeowner painted the curb and added white lines to create a second parking pad and requested an audit of red curb markings. 01:00:46 Frederick Lewis was In Favor: The owner of 22 Atwood Avenue stated that he has never used red paint and that the unanimous opinion of the street engineer and planning commission was that it's impossible to access his garage when cars are parked across the street. He mentioned it is a mistake that the encroachment was allowed and the city should correct a mistake. 01:03:19 Skylar was Against: A resident mentioned that they don't have a garage and rely on street parking. They felt that red striping the zone would make the parking situation even worse and thought it was possible to get a car in and out of the garage. They urged the council to vote against the new spot. 01:05:02 Jonathan Leon was Against: Argued that granting the request would be conveying a special privilege. He suggested an alternative of moving a fire hydrant to open up a red space on North Street. He thought the city has larger goals of affordable housing and multi-unit buildings, and removing spaces from the streets would make it harder to meet those goals. They represent the community and defend the basic needs of the community. Off-street parking is a basic need of the community, especially in Old Town, where many structures, particularly in this neighborhood, have no off-street parking and rely on the on-street parking to meet the needs of their either owners or renters. 01:07:18 Eva was Neutral: Asked if the city has noticed how much the squeeze on parking is exacerbated by the size of cars. She suggested that Sausalito needs regulations on the size of cars. She mentioned the city could create tax incentives for people who have small cars because now there are electric vehicles becoming bloated. 01:09:37 Bep McDougall was Neutral: Commented on the neighborhood being a good beta example of high-density housing. She said Sausalito is already maxed out and suggested that the Metropolitan Transportation Commission has an answer, including large boxy apartment structures. She mentioned residential neighborhood code requirements that called out vehicle size and the suburbans had to be parked down in the ancillary police parking lot. Apparently, all the residential neighborhood codes have been rescinded and everything that used to govern sanity for parking no longer exists. |
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01:26:26 | 3.L: Authorize City Manager to Execute Side Letter / License Agreement with Sausalito Yacht Harbor for Use of 47 Parking Spaces in Bay Street Parking Lot for Public Parking | The item concerns authorizing the City Manager to execute a side letter/license agreement with Sausalito Yacht Harbor for the use of 47 parking spaces in the Bay Street Parking Lot for public parking. Councilmember Hoffman begins by questioning the 60-day operability clause in the agreement. The City Manager clarifies it's a one-year lease with a 60-day notice before the end of the lease period. Hoffman then requests a financial breakdown, to which Chad Hess, the finance director, replies and says that the 47 spots are expected to generate approximately $312,000, with the city's share being around $151,000. Startup costs are estimated at $3,000 to move a pay station and $2,000 for signage. There's also a $400 monthly administrative fee to the Yacht Harbor, and the city would forego its 25% revenue share on existing parking. Hoffman challenges Hess' revenue figures, estimating the city's revenue at $94,000 and the finance director agreed that he would review his math. The discussion covers the 25% revenue share on all parking in Madden, and Councilmember Hoffman, Blaustein, and Hollweg discuss revenue from parking tickets and current revenue from the Madden lot and the yearly auditing of revenues from the parking lot. (01:37:02) Councilmember Hoffman mentions that since there are spots available in parking lots two, three, and four, that directing people to lots two, three, and four would keep 100% of the revenue in the city's pocket. (01:43:09) Councilmembers discuss the lease, its termination clauses, audit rights, and expected revenue. Other Councilmembers express concerns regarding lack of maximum capacity at the other city lots. | Councilmember Hollweg moved to authorize the City Manager to execute a side letter/license agreement with Sausalito Yacht Harbor for use of 47 parking spaces in the Bay Street Parking Lot for public parking, with an audit of the revenue after 6 months of operation and the agreement having an effective date for the end of September. The motion was seconded. (02:06:49) | 6 Total: 3 In Favor 0 Against 3 Neutral |
01:46:57 Peter Van Meter was In Favor: He supports the agreement. He emphasizes the Madden lot has never had daily paid parking. These 47 spaces will enhance parking and generate new revenue for the city.
01:48:10 Hank Baker was In Favor: He is a downtown resident and business owner, supports the agreement, saying the Maddens are doing the city a favor by monetizing unused real estate, and downtown merchants are requesting parking. 01:49:50 Adrian Brinton was In Favor: He supports the agreement, but urges the council to keep in mind the bigger picture. Emphasizes the importance of solving merchants' parking issues. 01:51:39 Bep McDougall was Neutral: He raises concerns about negotiating the agreement without considering a new policy in the making and seeks clarification on the matter. 01:53:03 Jonathan Leon was Neutral: He encourages careful negotiation due to disputes over land ownership. Suggests documenting the agreement without conveying any ownership claims. Also advises accounting for administrative time and ensuring marina parking requirements are met. 01:55:25 Sandra Bushmaker was Neutral: She is a tenant in the harbor. She questions whether the city receives 25% of slip rent or parking revenue, noting a significant difference. She is also confused on the fees the harbor currently pays and on an ability for tenants to pay rent via QR code. |
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02:17:07 | 5.A: Discussion and Direction, and Possible Adoption of Draft Policy Related to City Leasing Practices | The City Manager introduced the draft policy on city leasing practices, which was created in response to the City Council's request (02:17:39). The policy aims to address how leases are accepted, reviewed, and adopted. The City Manager emphasized that the draft is a starting point and not a finished product due to the complexity of city leases (02:18:03). Key points include maximizing revenue from for-profit leaseholders, considering community benefits for nonprofit leases, managing risk, incorporating revenue escalators, increasing transparency, and planning for the future of lease construction (02:20:09). Leaseholders should not discriminate, adhere to federal and state laws, maintain an active business license, pay rent promptly, and comply with city land use laws (02:22:06). The city will honor lease terms, provide accurate property descriptions, and have a review process for tenants in good standing. (02:23:30) The City Manager stated that the Council would not approve a policy tonight and will seek more input. (02:23:30) Councilmember Hollweg inquired about capital improvements, enforcement, and financial wherewithal, including audit rights (02:25:01). She also asked how to distinguish between for-profit, non-profit and community benefit (02:28:27). She noted that nonprofits actually provide more revenue than for-profit leases (02:31:16). She is wondering how to reconcile encouraging city serving businesses while maintaining financial feasibility. (02:31:50) Councilmember Leon asked about defining market rate (02:32:21), how to categorize nonprofits (02:34:04), and if there is a recommendation to have an elevator on all leases annually. (02:36:23) Councilmember Hoffman inquired about a breakdown of the leases (02:37:00), and a map showing the square footage of the properties. (02:38:42) | No Motion | 6 Total: 3 In Favor 0 Against 3 Neutral |
02:39:50 Peter Van Meter was Neutral: Suggested including square footage and acreage information in the city's property data to create a complete rent roll (02:39:50). He noted that 18 leases have expired (02:40:38) and requested more detail on the methodology for comparing fair market rent for profit versus community benefit for nonprofits (02:40:58).
02:42:09 Bep McDougall was In Favor: Expressed pleasure with the initial draft (02:42:09) and highlighted the importance of qualitative choices in negotiations. Emphasized the need for rental decisions to reflect the city's values and avoid embarrassing the city. (02:43:38) 02:44:20 Stephen Woodside was In Favor: Appreciated the effort to open up the leasing process and suggested transparency in lease negotiations, particularly with nonprofits. Proposed that prospective tenants present proposals outlining their mission, tax status, financials, and community benefits. (02:44:20) He submitted a redrafted proposal, presumably related to the Madden property. 02:46:37 Susan Kendall was In Favor: Spoke on behalf of the Sausalito Cruising Club, highlighting their increased membership and community involvement. Emphasized the importance of clubs and membership organizations and mentioned the club's 70-year history in Sausalito. (02:46:37) 02:48:26 Hank Baker was Neutral: Suggested using standard elements in commercial leases and hiring local commercial brokers for expertise (02:48:26). Proposed setting the basic lease at market rate for nonprofits and then discussing city donations to reduce the lease amount (02:49:32). Recommended selling excess properties that are not being leased (02:50:13). 02:50:38 Lorna Newlin was Neutral: Mentioned inaccuracies in the rent data (02:50:38) and expressed concern about a potential 181-unit building near the bus barn. She is worried about the high density housing development and the impact on the art community. (02:51:52) |
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03:08:29 | 5.B: Consideration of Staff Recommendation to Amend the Sausalito Center for the Arts Existing Lease from $11,095.25 per month to $8,058.50 per month with an annual CPI escalator effective December 1, 2024 | The City Council is considering a staff recommendation to amend the Sausalito Center for the Arts (SCA) lease. The City Manager explains that deferring the lease increase for six months saved the SCA $42,403.50, but cost the city the same amount in revenue. The city has debt service on the building, averaging $157,000 per year for the next 10 years, and receives $24,000 annually from Bank of America for an ATM on the property. The City Manager believes the rent should be between $4,000 and $11,000. He asks Chad Hess to present an analysis of the SCA's counterproposal of a flat $6,000 per month for the next 10 years. Chad Hess presents a financial analysis showing debt service, carrying costs, and opportunity costs. He compares debt service payments to cumulative rents at various rates, including the existing $4,000, the proposed $11,095, and the City Manager's recommended $8,058.50. He notes that only the $11,095 rate covers the entire debt service payment (principal and interest). He estimates that the SCA is responsible for about $49,000 of parking revenue generated through their guests' parking in the city's parking lots. Councilmember Hoffman questions why the lease is being negotiated in open session instead of closed session and requests fair market value assessment for the Center for the Arts. (03:29:26) The City Manager shares that Cushman Wakefield provided a number of $3.21 a square foot, and under the current lease, the amount is $18,377. She also asks about the Wells Fargo building sale price, and how they arrived at the original $11,000/month lease. The City Manager clarifies that the $11,000 amount was slated for 18 months to give them time to get up to that amount and says he backed into that number by adding in the Bank of America payment ($2,000) and estimated parking and sales tax revenues. Vice Mayor Hollweg asks about the potential cost to the city if the SCA were to go out of business. (03:21:34) Hollweg inquires whether the SCA expected to share the lease with a co-tenant and asks about challenges with the rooftop facility (03:25:42). The City Manager replies it was part of the discussion. Hoffman asks why the lease is being negotiated in open session (03:27:59), and the City Manager replies to avoid scuttle about the city trying to make a deal behind closed doors. (03:28:23) | Motion by Councilmember Kamele, seconded by Councilmember Hollweg, to match the Vice Mayor suggestion of a $6,000/month lease, have the city take on major capital improvements while retaining the triple net lease for interior improvements, increase city governance to three board members, 50% of event sharing over $15,000. Motion carries 3-2 (05:00:08) | 16 Total: 12 In Favor 2 Against 2 Neutral |
03:49:18 Peter Van Meter was Neutral: Suggests the council decide if they want to provide a public benefit by reducing fair market rent.
03:50:49 Bep McDougall was Against: Questions the SCA's financial viability, stating that they are an untested brand new startup foundation and that a whole structure of a lease arrangement was created based on wishful thinking. 03:52:54 Tom Anderson was In Favor: Supports the SCA, stating it's brought interest and activity downtown and needs support from the city. Urges the council to read an article about bolstering large startups. Suggests a 10% increase per year for the $4,000 rent is fair and considers the benefits of an art center versus an empty bank building. 03:54:54 Shiva Pactao was In Favor: Highlights the SCA's dynamic nature, recognition beyond Marin County, and attendance numbers. Mentions recent media coverage, a new membership program, and efforts to increase grant funding and ticket sales. 03:57:06 Stephen Woodside was In Favor: Mentions the plein air art event and emphasizes that the SCA is not just about economics, but about the art. 03:57:48 Dan Christ was Against: As treasurer, he states that at $11,000 a month rent, the SCA will not make a profit this year. States that $133,000 rent a year will represent 62% of the overhead, and at 11,000 per month there's no way that we can reinvest in the organization and the initial lease lacked information. Notes this is an interfund loan to the bank of america fund 03:59:53 Luis Briones was In Favor: Argues the SCA generates positive press for Sausalito, citing features in The Guardian and The New York Times, and is providing publicity that the city would have to pay $96,000 a year to replicate. 04:02:23 Kate Carlson was In Favor: Argues Sausalito deserves an art center and that SCA is bringing value and economic impact to the county. Mentions the building is in bad condition and the triple net lease is not feasible. Notes it smells, there are broken bathrooms upstairs and describes generating revenue through Sausalito Art Festival and the paint Sausalito show 04:04:35 Hank Baker was In Favor: Argues a professional broker is needed and that the lease was based on a post-COVID economy. Notes that setting the lease rate based on debt service is illogical, says to look at real cost and just your interest, not the principal pay down. The building needs a lot of work but that that Shiva and volunteers are doing a tremendous job. 04:06:38 Unknown was In Favor: Requests the city reconsider the lease with SCA, citing its economic, social, and cultural value. Seeks a partnership to scale SCA's success. Notes SCA are paying all the interest on the loan and that is was a 50% increase in our rent, and that is only a 7 percentage points of the projected SCA deficit 04:10:07 Diane Johnson was In Favor: Feels SCA is an asset to the city that is beyond dollars and cents, and it brings goodwill to the city. She sees people coming and enjoying the art, music and cultural programs. To kick them out or charge more money will be another empty storefront. She saw people who she had not seen since before covid to be at SCA and thinks its important in this expensive community 04:12:09 Raylene Gorham was In Favor: Comments from Raylene Gorham to look from a different angle to see the wield that art has in community. Has concerns how getting thousands extra dollars will impact art and culture quality in activities brought to the town. There needs to be a balance between what is brought to the collective experience and not have it vault to only being subject to economic tropes 04:13:57 Carolyn Rebell was In Favor: Supports and sees benefits in and synergy between art center location to landing and BID. That the building the City purchased needs support and that the City purchase was full of wisdom. Support rent approach will make it possible for them to survive 04:15:00 Adrian Brinton was In Favor: Said the key to the discussion is that we have assets, but that the city has problems running in operations. How to invest resources in order to grow economy. If they take the money they invest in city which is much needed 04:17:01 Dennis Conway was In Favor: A location other than BofA will not work. You should get what there for and make sure they are where they are at 04:39:11 Unknown was Neutral: States it was not here when the city purchased, but that good luck of the good market should not get in the way that we should be above $11000 to at least try to cover debt. It was part of the agreement, not just a revenue source. It's been two years and it looks like with the data shown the project is clearly not working |
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05:02:50 | 5.C: Introduction and Waiver of First Reading of Ordinance No. 05-2024 An Ordinance of the City Council of the City of Sausalito Repealing and Replacing Chapter 3.30, “Purchase of Supplies, Equipment and Services and Procedures for Public Works Projects | The council is considering the introduction and waiver of the first reading of Ordinance No. 05-2024, which would repeal and replace Chapter 3.30 regarding the purchase of supplies, equipment, services, and procedures for public works projects. The Mayor opened the floor for public comment and then made a motion to continue the item, which was seconded and passed unanimously after a roll call vote (05:03:26). | Motion to continue the item, seconded and passed unanimously (05:03:26). | 2 Total: 0 In Favor 1 Against 1 Neutral |
05:04:05 Eva was Neutral: Eva spoke about a briefing from physicians who had recently returned from Gaza and an alleged terrorist attack in Lebanon. She then raised concerns about Melissa Blaustein's trip to Israel paid for by the JCRC, stating that it was not properly disclosed and might be in non-compliance with FPPC regulations. She requested answers from the council.
05:06:19 Bep McDougall was Against: Bep McDougall expressed frustration with the council's performance, particularly addressing the newer council members as they approach an election. She criticized the perceived chaos and lack of progress during their terms. |
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05:06:52 | 6: COMMUNICATIONS | The Communications section of the meeting included public comments and discussion of future agenda items. Bep McDougall criticized fiscal oversight and the voting bloc on the council (05:07:52). A member of the public expressed support for the council's decision-making process, using a Croatian saying to emphasize that everything happens in its time (05:08:39). Councilmember Karen Hollweg requested the consideration of an audit of the red and white zones in Sausalito as a future agenda item (05:10:12). | No Motion | 2 Total: 1 In Favor 1 Against 0 Neutral |
05:06:52 Bep McDougall was Against: Bep McDougall criticized the council's fiscal oversight, pointing to the budget deficit and unplanned expenditures. She accused a three-member voting bloc of not thinking independently and suggested that the city would benefit from council members with more direct experience.
05:08:34 Unknown was In Favor: A member of the public expressed support for the council's decision-making process, emphasizing that they were impressed the council found a 'yes' within a difficult situation. The commenter stated that everything happens in its time and the people giving comments were supportive of the council. |
City Council Meeting Transcript
Time | Speaker | Text |
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00:00:07.59 | Unknown | Thank you. |
00:00:07.61 | Mr. City Clerk | So tonight's meeting of our special and regular city council meeting will be broadcast live on cable TV channel 27. It's also being broadcast on Zoom and on the city's website. |
00:00:21.33 | Mayor Kamele | Thank you, Mr. City Clerk. Could you please call the roll? |
00:00:25.18 | Mr. City Clerk | Councilmember Blaustein. |
00:00:27.49 | Mr. City Clerk | Councilmember Hoffman. |
00:00:29.09 | Mayor Kamele | Here. |
00:00:30.07 | Mr. City Clerk | Councilmember Kelman. |
00:00:31.25 | Karen Hollweg | Here. |
00:00:32.31 | Mr. City Clerk | uh, vice mayor, uh, |
00:00:34.83 | Mr. City Clerk | Cox |
00:00:35.69 | Mr. City Clerk | Thank you. |
00:00:35.70 | Karen Hollweg | Here. |
00:00:35.82 | Mr. City Clerk | I'm here. |
00:00:35.91 | Karen Hollweg | All right. |
00:00:35.98 | Mr. City Clerk | Bye. |
00:00:36.16 | Mr. City Clerk | And Mary Sobieski. |
00:00:37.34 | Mayor Kamele | I'm here. Today's only item in closed session is Conference with Real Property Negotiator. The property is 100 Humboldt Avenue, South City, Yacht Harbor. Is there any public comment on this item? |
00:00:47.37 | Mr. City Clerk | We do have the city attorney with his hand up. |
00:00:53.83 | Mr. City Clerk | I think I'm promoting him, I'm trying to promote him as a panelist. |
00:01:06.40 | Mr. City Clerk | Thank you. |
00:01:06.42 | Unknown | Thank you. |
00:01:06.43 | Mr. City Clerk | He's a panelist. |
00:01:07.03 | Unknown | I'm sorry. |
00:01:07.95 | Unknown | Yeah, I was just asking to be made about. Thank you. |
00:01:10.69 | Unknown | Okay. |
00:01:11.38 | Mr. City Clerk | Thank you. |
00:01:11.60 | Mr. City Clerk | So there's no |
00:01:11.97 | Mayor Kamele | no public comment okay public comment is closed and we will adjourn to closed session and return at 7 p.m |
00:01:19.61 | Mayor Kamele | We return from closed session and are going to resume our meeting. We're going to begin. There are no announcements from closed session. We'll begin the meeting with a recitation of the Pledge of Allegiance. |
00:01:30.73 | Karen Hollweg | Thank you. |
00:01:30.92 | Karen Hollweg | to the flag of the United States of America. |
00:01:34.60 | Unknown | Thank you. |
00:01:35.12 | Karen Hollweg | and two of the comments forward |
00:01:36.98 | Unknown | So, |
00:01:37.10 | Bep McDougall | one nation under God, indivisible, with liberty and justice for all. |
00:01:43.96 | Mayor Kamele | Thank you very much. |
00:01:46.33 | Mayor Kamele | The first item of business will be a special presentation on a infrastructure project, which has just been completed. The Edwards Avenue repaving project at a cost of $1.57 million dollars. |
00:02:03.61 | Kevin McGowan | Good evening, Mayor, members of City Council. I'm Kevin McGowan, Public Works Director. I'd like to introduce Andrew Davidson, who is our senior engineer. He will give our presentation on this specific project. |
00:02:04.03 | Mayor Kamele | Good evening, Mayor. |
00:02:15.44 | Unknown | Ooh. |
00:02:20.21 | Andrew Davidson | Good evening, Mayor, Council members. I'd like to thank you, the City Manager and Director of Public Works, for the opportunity for this special presentation on the 2023 Pavement Improvement Project, Edwards Avenue. |
00:02:32.90 | Andrew Davidson | My name is Andrew Davidson. I'm senior engineer in your Department of Public Works. |
00:02:37.83 | Andrew Davidson | First, a little history. As part of the 2022 Street Resurfacing Project, the city resurfaced portions of Gerard, Johnson, and Platt. Edwards Ave. was included in the initial list of roads to be resurfaced. However, because Edwards is very steep, includes concrete paving and sanitary sewer work, it was separated from the 2022 project. |
00:03:01.71 | Andrew Davidson | This was also done so that we could get the work on Gerard and Johnson and Platt completed. The work on those streets started in October of 2022 and was finished the following month. |
00:03:12.76 | Andrew Davidson | If you can go back to slide two. Thank you. That's all right. |
00:03:17.05 | Andrew Davidson | So the Edwards Project limits are generally between its intersection with Marion Ave to the west – |
00:03:24.12 | Andrew Davidson | uphill and alexander ave to the east downhill and which you can see in yellow here in general when i speak of edwards i'm speaking about this portion of the street |
00:03:34.60 | Andrew Davidson | Next slide, please. |
00:03:38.93 | Andrew Davidson | So on January 16th, 2024, the City Council authorized award of the construction contract to Majoran Gelati for the base bid plus three bid alternatives in the amount of $1,050,530, a contingency in the amount of $121,920 for a total authorization of $1,172,450. |
00:04:05.12 | Andrew Davidson | The City Council also approved a professional service agreement for inspection and construction management to CSW Stuber-Stroh in the amount of $107,550. Total construction authorization was $1,280,000. Next slide, please. |
00:04:25.71 | Andrew Davidson | So the date of the notice to proceed was February 22nd, 2024. |
00:04:31.65 | Andrew Davidson | Here you can see some of the existing pavement, which consisted of either a concrete surface or a thin layer of asphalt on the concrete road. The old asphalt was separating and crumbling away from the concrete, while the old concrete was highly cracked, separating, spalling, and had vertical displacements. |
00:04:50.94 | Andrew Davidson | In addition to the road replacement, the sanitary sewer and lower sewer laterals needed to be replaced. Next slide, please. |
00:05:00.34 | Andrew Davidson | So we'll start with the sewer. It was the first order of business. The sanitary sewer main was replaced by bursting, where the new plastic pipe was attached to a bursting head and pulled through the existing clay pipe. |
00:05:13.94 | Andrew Davidson | So to the left, you can see an excavation for a bursting pit from where the new sewer main was pulled into the existing clay pipe. |
00:05:22.71 | Andrew Davidson | The middle picture shows the bursting head being pulled through the old clay pipe. Attached to the bursting head and out of the picture is the new plastic sewer main. So you can see the bursting heads sort of the top of the picture and it's silver. It's amongst the rock there. It's a little hard, but it's there. |
00:05:39.25 | Andrew Davidson | To the right, staged on Edwards, is the new plastic sewer main prior to its installation. |
00:05:46.56 | Andrew Davidson | Next slide, please. |
00:05:50.47 | Andrew Davidson | On the left is a portion of the newer sewer main in place. The middle photo shows a concrete base of a new sanitary sewer maintenance hole. And to the right is a new sanitary sewer lateral connecting to the new sewer mains. |
00:06:05.39 | Andrew Davidson | And the next slide, please. |
00:06:08.51 | Andrew Davidson | So during the course of construction, the water district, the Marin Municipal Water District determined that the existing water main and water services should be replaced. On May 7th, the city council approved a reimbursement agreement with MMWD to replace their facilities at their cost. |
00:06:27.97 | Andrew Davidson | The work started in early May and was completed in mid-June. |
00:06:31.75 | Andrew Davidson | This work was managed and inspected by the water district and constructed by the city's contractor, Majora and Gelati. Next slide, please. |
00:06:41.98 | Andrew Davidson | After installation of the water main, we got to the business of the road replacement. So replacement of the road was in both asphalt and concrete. The project portion of Edwards is about 900 feet in length. The upper flatter 600 feet of Edwards was replaced with a new asphalt roadway, while the steeper and narrower downhill 300 feet was replaced with a new concrete roadway. |
00:07:07.14 | Andrew Davidson | Here we see work at Edwards intersection with Marion. The replacement here was both in asphalt and concrete, concrete in the steeper portion. |
00:07:18.06 | Andrew Davidson | This was actually a field revision done in order to minimize the amount of time that the intersection needed to be closed to traffic. |
00:07:25.40 | Andrew Davidson | By doing this, it was possible to keep a single lane open to traffic while the concrete was curing. |
00:07:32.15 | Andrew Davidson | Next slide, please. |
00:07:34.58 | Andrew Davidson | Here we're leaking eastward, downhill, and you can see demolition of the old concrete road taking place. |
00:07:41.71 | Andrew Davidson | Next slide. |
00:07:45.43 | Andrew Davidson | So now we get to see some new stuff. On the left, new asphalt and concrete at the intersection of Marion and Edwards. And on the right, new asphalt being compacted along the upper portion of Edwards. |
00:07:57.27 | Andrew Davidson | You can see a roller approaching us. Next slide, please. |
00:08:04.95 | Andrew Davidson | All right, the concrete. This is the lower portion of Edwards where the road was replaced in concrete. On the left, in the left picture, you can see the contractor is placing form boards for the concrete. In the middle photo, you can see a freshly poured concrete pad |
00:08:21.02 | Andrew Davidson | in the foreground rebar waiting for installation of the concrete, and in the background new concrete being placed from a pumper truck that was actually located downhill on Alexander Avenue. |
00:08:33.67 | Andrew Davidson | The right photo shows the completed concrete paving on Edwards at Alexander. The work shown here is a repair of a portion of Alexander's asphalt pavement. |
00:08:45.70 | Andrew Davidson | So this slide gives me an opportunity to describe some of the issues associated with installation of the concrete portion of Edwards. |
00:08:53.48 | Andrew Davidson | The installation of the concrete road required that Edwards be fully closed between No. 32 Edwards and Alexander Avenue. |
00:09:01.58 | Andrew Davidson | The full closure was for 24 hours a day, starting the morning of June 24th through the end of day on July 3rd. This was a full closure with no vehicle access to and from driveways and no parking allowed in this portion of the street. |
00:09:20.33 | Andrew Davidson | Prior to this full closure, we had a field meeting between the Southern Marine Fire Protection District, Sausalito Police Department, contractor, construction manager, |
00:09:30.24 | Andrew Davidson | and city engineering staff in order to work out access issues in case of an emergency. |
00:09:36.14 | Andrew Davidson | As a result of this meeting, the Southern Marin Fire Protection District requested that during the full closure and during business hours, that flagger control be made available on the portion of Edwards between Sausalito Boulevard and Marion in case an emergency response was required on Edwards or uphill above the intersection with Marion. |
00:09:57.95 | Unknown | married. |
00:09:59.65 | Andrew Davidson | Southern Marin also requested that additional no parking restrictions be placed in constricted portions of Edwards. |
00:10:07.97 | Andrew Davidson | between Sausalito Boulevard and Marion, further reducing available residential parking in the area. |
00:10:16.12 | Andrew Davidson | Next slide, please. |
00:10:18.55 | Andrew Davidson | So some financing, the original budget for the project was identified with the 2022 street resurfacing project |
00:10:24.86 | Andrew Davidson | and was presented to the city council in March of that year as $2.49 million. |
00:10:30.97 | Andrew Davidson | The authorization was for Edwards as well as Gerard, Johnson, and Platt. |
00:10:37.26 | Andrew Davidson | On January 16th of this year, the City Council allocated additional funds from the sewer enterprise to pay for the Edwards sewer work. And on May 7th of this year, the City Council authorized additional funding for the water district work, not all of which ended up being required. And the water district work, as you recall, is fully reimbursable to the city. |
00:10:59.46 | Andrew Davidson | So the total allocation for the work completed in 2022, plus the Edwards project was 3.5 million, which does include... |
00:11:09.24 | Andrew Davidson | the it does include the MNWD portion. |
00:11:13.38 | Andrew Davidson | Next slide, please. |
00:11:17.95 | Andrew Davidson | The cost of the completed project |
00:11:20.09 | Andrew Davidson | Sorry, the cost of the completed 2022 project was about $715,000. The cost of the completed Edwards Roadway and Sewer project, so that includes MMWD, is about $980,000. I mean, you could compare that with the bid of $1,050,530. Okay. |
00:11:42.25 | Andrew Davidson | When adding in construction management and MMWD costs, we get a total cost of construction of that $1,579,900. |
00:11:52.33 | Andrew Davidson | with $490,000 of that being reimbursable from the Marine Municipal Water District. |
00:12:00.70 | Andrew Davidson | This will leave approximately $1.2 million available for that Marion Wall project without additional allocations, and which we anticipate being ready for construction next season. |
00:12:14.11 | Andrew Davidson | Next slide, please. |
00:12:17.25 | Andrew Davidson | So during the consent, you'll be asked to accept the project as complete and direct the city engineer to file a notice of completion. |
00:12:25.10 | Andrew Davidson | The project on Edwards was disruptive to the residents in the area. Edwards was frequently closed through traffic and no parking restrictions were often in place, forcing residents and businesses serving residents to find alternative places to park and means of access. Noise, vibration and other disruptions associated with heavy construction were a constant condition for people living and working in the area. |
00:12:51.08 | Andrew Davidson | The residents and contractors' efforts to work together and adapt to these situations is commendable and help to move this complex project along as quickly as possible. And so I say thank you. |
00:13:04.30 | Mayor Kamele | Thank you, Mr. Davidson. |
00:13:05.75 | Mayor Kamele | Is there any public comment on this special presentation? |
00:13:11.45 | Mayor Kamele | Bep McDougall. |
00:13:14.25 | Mayor Kamele | Ms. McDougal is first and then you, Mr. Albert. |
00:13:17.97 | Mayor Kamele | Ms. McDougal was first. |
00:13:19.00 | Karen Hollweg | I'm sorry, Mayor. As a point of order, this is a special presentation. This item is also on consent, which I think is the appropriate place to take public comment on it. |
00:13:26.66 | Mayor Kamele | Sorry, I got a note from Sergio Rudin that said I needed to take public comment. So I'm responding to his advice. Okay. So sorry about that. Maybe I should have mentioned that that's why I was taking public comments. |
00:13:36.19 | Paul Albritton | Very brief comment. I moved to Sausalito in 1989 to a home on Edward Zapp and learned shortly after that then council member Paul Albritton lived on Edward Zapp. So I thought, great, the street will get paved soon. |
00:13:53.12 | Paul Albritton | A few years later, the late Glenn Miskell knocked on my door. He was running for city council, and I found out he lived on Edward Zaff. And I enthusiastically supported his campaign, wrote him a check, and thought Edward Zaff would get paid soon. So... |
00:14:11.24 | Paul Albritton | 35 years later. I'm very pleased to see this work has been done. Thank you. |
00:14:19.91 | Mayor Kamele | Thank you, sir. Ms. McDougall. |
00:14:26.07 | Bep McDougall | Thank you. |
00:14:27.59 | Bep McDougall | I'm also very glad to see the work is finally getting done. And, |
00:14:32.11 | Bep McDougall | I just had a thought that I'd like to share for future, especially for steep inclines having lived in the Swiss Alps for a while. |
00:14:39.59 | Bep McDougall | I wonder why we're not using cobblestones. Usually that's the only place we get traction throughout the year on steep terrain is on cobblestones. So I'd like to encourage, considering the expense that we're already looking at, why not look at cobblestones? |
00:14:54.95 | Bep McDougall | with the |
00:14:56.67 | Bep McDougall | return an awful lot of charm to the |
00:14:58.61 | Bep McDougall | neighborhood. Thank you. |
00:15:04.16 | Mayor Kamele | Any other public comment? All right, see no further public comment. Public comment is closed. We'll move on to action. |
00:15:09.04 | Mr. City Manager | minutes from the previous mayor. Mayor, if I may, I wanted to close the presentation with a comment if I could quickly. So first of all, thank everybody for their patience. I wanted to make sure that people understood that one of the key funding sources of this $644,000 of it was Measure O money. And that was approved by the public after some work and concern about our infrastructure. Measure L followed it. So again, that's money that you approved working to do projects that you will promise like infrastructure and street projects. So 644,000 was allocated to this fund from that special measure. |
00:15:47.82 | Mayor Kamele | Thank you. |
00:15:47.83 | Mr. City Manager | Thank you. |
00:15:48.46 | Mayor Kamele | Thank you, Mr. City Manager. So the next item is action minutes of the previous meetings. That's adopting the minutes for the July 30th, September 7th, and September 9th City Council meetings. |
00:15:57.97 | Mayor Kamele | Thank you. |
00:15:58.24 | Mayor Kamele | Is there a motion to approve? Mr. Mayor, before we make a motion. Yes, Mr. Hoffman. |
00:15:59.21 | Councilmember Hoffman | Mr. Mayor, before we make motion. |
00:16:01.03 | Councilmember Hoffman | Thank you. |
00:16:01.13 | Councilmember Hoffman | I discussed the draft minutes with our city clerk, Mr. Slarzano, sorry, I know I said that wrong. Sorry. Before the meeting, and he told me he had gone back through and summarized some of the direction that we gave and the language, and I would like to ask your indulgence so that I can just review the tape, the same tape that he looked at, and review the action minutes. so I wasn't aware that it wasn't a verbatim um indulgence and so that i can just review the tape uh the same tape that he looked at and review the action minutes so i wasn't aware that it wasn't a verbatim um of the |
00:16:33.70 | Councilmember Hoffman | Anyway. |
00:16:34.71 | Councilmember Hoffman | of the language that we agreed upon. So I'd like to review that tape as well. |
00:16:39.28 | Unknown | Thank you. |
00:16:39.50 | Mayor Kamele | Yes, Council Member Kellman had her hand up next. |
00:16:42.12 | Unknown | Can I just make a suggestion for our city clerk? There's some very good AI, like Otter AI, that we can record directly off of Zoom and will give us a verbatim transcript. So perhaps we can move in that direction to avoid this in the future. |
00:16:57.41 | Karen Hollweg | Right. |
00:16:57.48 | Spare | Spare. |
00:16:57.75 | Karen Hollweg | Thank you. |
00:16:58.25 | Karen Hollweg | I'll just inform the council that the agenda setting committee is already working on that project. |
00:17:05.98 | Mayor Kamele | Is the action here that's being requested? I'll make it. |
00:17:06.08 | Spare | Thank you. |
00:17:06.10 | Mr. City Clerk | Oh, yeah. |
00:17:06.35 | Spare | Thank you. |
00:17:06.40 | Mr. City Clerk | Yeah. |
00:17:08.06 | Mr. City Clerk | I'll make it. Just put the record on the notes. There was, it's not completely verbatim because there was a back and forth with the council on how it was going to be drafted, the language. And so that's why it's not verbatim, that direction that was given from council member Hoffman because there was discussion in between. Okay. |
00:17:24.49 | Councilmember Hoffman | Thank you for that. I agree. And I mean, that is what... |
00:17:28.34 | Councilmember Hoffman | what you told me before. So I would make motion that we approve the draft minutes from September 7th and September 9th. |
00:17:36.02 | Mayor Kamele | Stand by, no comments from the audience, please. |
00:17:39.41 | Karen Hollweg | If we're going to continue this item, may I ask that we continue it to a date certain? This is the second time it's been on our agenda. |
00:17:46.40 | Karen Hollweg | Thank you. |
00:17:46.41 | Councilmember Hoffman | Yeah, let's do it at the next meeting. I'm fine with that. |
00:17:50.12 | Mayor Kamele | Okay, so there's a motion to... |
00:17:54.16 | Mayor Kamele | push the July 30th minutes to the next scheduled city council meeting, uh, and approve the September 7th and the September 9th city council minutes as written. Is there a second? |
00:18:05.30 | Unknown | And, |
00:18:06.28 | Unknown | And Mayor, before you vote, you do need to take public comment on it. |
00:18:08.97 | Mayor Kamele | I know. I'm still waiting for a second. Thank you, Sadiq. |
00:18:12.64 | Mayor Kamele | Okay. Now we will take public comment on the minutes. Ms. McDougal. |
00:18:22.53 | Bep McDougall | Thank you, Mr. Mayor. |
00:18:24.16 | Bep McDougall | So because this is an item that seems to be a thorn in the size of many, |
00:18:29.07 | Bep McDougall | And the basic thorn is described as follows. We have no authentic transcript of our public meetings. This is actually a crime. |
00:18:36.55 | Bep McDougall | you're breaking a federal law. |
00:18:39.25 | Bep McDougall | So, I mean, the point is, why can't we have an authentic record of our meetings? Why are we having so much difficulty? I'm told that we've got |
00:18:49.24 | Bep McDougall | duplicating processes here, that it's possible that if one thing fails, then another one can kick in. I don't understand why we can't have an authentic transcript of our public meetings. And before we continue and kick it down the road, |
00:19:01.98 | Bep McDougall | Thank you. |
00:19:02.08 | Bep McDougall | Just to think about it one more time, why don't we create some sort of action to bring some sort of measurable way of resolving these issues? I mean, instead of going forward constantly complaining about the lack of a public record, why don't we look toward resolutions? An AI concept is one idea. |
00:19:21.10 | Bep McDougall | On the other hand, there's also a court reporter. |
00:19:24.54 | Bep McDougall | So I'd really like to encourage you to get serious about the seriousness of having an authentic transcript of these meetings. |
00:19:31.22 | Bep McDougall | If the city gets sued, it has nothing but the transcript to rely on, and this creative reinvention of a meeting, because you do or don't like what's being said, is just not acceptable. Thank you. |
00:19:43.27 | Mr. City Clerk | I'd like to note that there's recordings of all the meetings. |
00:19:48.37 | Mr. City Clerk | It's right. It's on right there for the public to view. |
00:19:50.83 | Mr. City Clerk | Bye. |
00:19:50.85 | Mayor Kamele | I'm sorry, can you say that again, Mr. City Clerk? |
00:19:52.64 | Mr. City Clerk | All the meetings are recorded and you can hear everything that was said verbatim on there. |
00:19:58.54 | Mayor Kamele | Thank you. |
00:19:58.56 | Mr. City Clerk | Thank you. |
00:19:58.58 | Mayor Kamele | Right. |
00:19:58.73 | Unknown | It just sits. |
00:20:00.35 | Karen Hollweg | Thank you. |
00:20:00.37 | Unknown | Thank you. |
00:20:00.43 | Mr. City Clerk | We're here. |
00:20:00.47 | Karen Hollweg | I'd like the city attorney to respond to the accusation by a member of the public that we're breaking federal law by not having verbatim minutes. |
00:20:00.57 | Unknown | They're- |
00:20:10.22 | Unknown | Yeah, I'm not aware of any requirement to have verbatim minutes. Most public agencies will only have action minutes, and that is all that's legally required under the Brown Act. |
00:20:20.45 | Mayor Kamele | Ma'am, you had your time. Please respect the order. Please respect the order of the meeting. |
00:20:28.58 | Mayor Kamele | Thank you. Please respect the order of the meeting. |
00:20:32.41 | Mayor Kamele | We'll now move on to the consent. Oh, did we, we need to act on the motion. So all in favor, say aye. |
00:20:39.57 | Karen Hollweg | I. |
00:20:40.21 | Mayor Kamele | All opposed? Motion carries unanimously. The consent calendar is next. These are items that will be considered altogether and that anyone from the council may ask for an item to be removed from the consent calendar. |
00:20:54.99 | Mayor Kamele | The items are 3A, Hispanic Heritage Month Proclamation, |
00:20:58.54 | Mayor Kamele | 3B, Director of Communication Annual Report for 23-24. |
00:21:02.99 | Mayor Kamele | 3C, adopt a resolution declaring one police vehicle is surplus and authorizing the city manager. |
00:21:07.80 | Mayor Kamele | to dispose of said equipment at auction. |
00:21:10.67 | Mayor Kamele | 3D, adopt a resolution authorizing the city manager to execute the professional services contract. |
00:21:15.90 | Mayor Kamele | with park engineering for construction management and inspection services for the ferry improvement project in an amount not to exceed $175,122. |
00:21:25.13 | Mayor Kamele | 3E adopt a resolution accepting |
00:21:27.37 | Mayor Kamele | The Marin County local road safety plan, chapter 17, related to the city of Sausalito |
00:21:32.08 | Mayor Kamele | 3F adopted resolution authorizing city staff to submit for RM3 safe routes to transit and Bay Trails funding to support the construction of the Bridgeway Improvement Project Napa Street to Johnson Street |
00:21:42.98 | Mayor Kamele | for the Bridgeway improvement project in Spring Street to Napa Street and design funds for the Bridgeway bikeway roadway pedestrian improvements from Gate 6 Road to Harbor Drive |
00:21:52.62 | Mayor Kamele | 3G has adopted a resolution accepting the 2023 pavement improvement project, Edwards Avenue, at a cost of $1.5679 million, as complete and direct the city engineer to file a notice of completion. |
00:22:04.97 | Mayor Kamele | 3H is adopt a resolution amending parking regulations to establish a no parking zone opposite the driveway and garage of 22 Atwood located along 301 North Street. 3I, adoption of a resolution approving the exterior, front yard modifications and landscaping in the public right of way of 9, |
00:22:23.80 | Mayor Kamele | Five, nine, six Sausalito Boulevard. |
00:22:26.05 | Mayor Kamele | adopt a resolution, |
00:22:27.74 | Mayor Kamele | authorizing the city manager to execute a professional services agreement with George Hills, |
00:22:31.75 | Mayor Kamele | to provide claims administration and risk management service for one year in an amount not to exceed $196,000. |
00:22:38.16 | Mayor Kamele | 3K by minute order waived the business license tax penalties imposed on active ingredients incorporated in an amount of $7,146 and accepted a two-year payment plan. |
00:22:49.30 | Mayor Kamele | 3L authorizes city manager to execute side letter license agreement with South Slater Yacht Harbor for the use of 47 parking spaces in Bay Street parking lot for public parking. Is there any public, does anyone wish to amend or remove any consent items? |
00:23:03.65 | Karen Hollweg | That's a great question. |
00:23:05.70 | Mayor Kamele | Bye, Steph. |
00:23:05.82 | Karen Hollweg | I just wanted to note we did publish an amended agenda that changed the title of 3F from bridgeway bikeway to bridgeway bikeway slash roadway slash pedestrian and |
00:23:17.45 | Karen Hollweg | improvements. |
00:23:18.34 | Karen Hollweg | And I also would like to |
00:23:18.43 | Unknown | Thank you. |
00:23:18.44 | Shiva Pactao | And, |
00:23:18.58 | Unknown | Thank you. |
00:23:20.81 | Karen Hollweg | um, pull item 3H. We've received over a dozen, over a dozen or two dozen, uh, public comments on that item. |
00:23:29.75 | Mayor Kamele | Okay, removing 3H by Councilmember Hoffman. |
00:23:32.72 | Councilmember Hoffman | Yes. Thank you, Mayor. I would like to remove item 3L, which is the authorized city manager execute a side letter license agreement with the Yacht Harbor. |
00:23:39.99 | Mayor Kamele | OK. |
00:23:41.62 | Mayor Kamele | Be able to be removed. |
00:23:44.87 | Mayor Kamele | Anyone else? Okay. So the motion is to approve all the consent items with the exception of 3H and 3L. Is there any second? |
00:23:57.38 | Mayor Kamele | Oh, I'm sorry, there needs to be public comment. I apologize. So public comment on those items only, not the park, not the no parking zone and not the maddening, the South City at Harbor agreement. So public comment. |
00:24:07.92 | Mr. City Clerk | So Peter Van Meter? |
00:24:11.40 | Ted Barton | Thanks for helping. |
00:24:13.58 | Mr. City Clerk | Okay. Anybody else? Babette? |
00:24:20.16 | Mr. City Clerk | Thank you. |
00:24:23.67 | Bep McDougall | Thank you. I'd just like to make two points of order. First of all, I personally did not employ the word verbatim. It was your colleagues on the dais. I used the word authentic. Are you going to make it verbatim? |
00:24:31.62 | Mayor Kamele | authentic are you going to |
00:24:32.36 | Mayor Kamele | a couple of weeks. |
00:24:32.56 | Bep McDougall | Yes, sir, I am. But I want to make sure we follow the rules of order here. |
00:24:32.83 | Mayor Kamele | Yes, sir, I am. |
00:24:37.51 | Bep McDougall | Secondly, with regard to this alphabet soup consent to calendar, it's become a runaway fad with the existing agenda setting committee, I guess. It's not usually the way we handle our business in such sweeping order in Sausalito. And I'd like to encourage you to reconsider the alphabet soup approach. Thank you. |
00:24:56.93 | Mayor Kamele | Thank you for your comment. |
00:24:59.17 | Mr. City Clerk | No further public comment. No further public comment. |
00:25:00.98 | Mayor Kamele | comment and I'll make the motion to approve items, all the consent calendar items with the exception of 3H and 3L. |
00:25:08.00 | Karen Hollweg | Second, |
00:25:09.21 | Mayor Kamele | All in favor, say aye. |
00:25:10.39 | Karen Hollweg | Aye. Opposed? |
00:25:11.73 | Mayor Kamele | Okay. The consent calendar carries. How many people are here to comment on the |
00:25:17.84 | Mayor Kamele | We have about a dozen. On the 3H, on the parking. On 3H, the parking. Can you just raise your hand? |
00:25:18.55 | Mr. City Clerk | We have a Boba. |
00:25:26.38 | Mayor Kamele | That's five, six. |
00:25:28.23 | Karen Hollweg | May I ask that we take that before? Take that first. |
00:25:28.25 | Mayor Kamele | Yeah. |
00:25:29.92 | Mayor Kamele | that first okay we'll take both items i guess first uh and dispatch with them so we'll hear |
00:25:34.74 | Mayor Kamele | 3H, then 3L, and then we'll move on with 5A and 5B. So first on the parking regulations to establish no parking zone opposite the driveway and garage on 22 Atwood. Does staff have a report on this? |
00:25:48.95 | Mayor Kamele | Who will give it? You will give it, sir. Thank you very much. Could you introduce yourself for the record? |
00:25:58.62 | Adam Blair | I believe we have a slide deck as well. |
00:26:14.50 | Adam Blair | Perfect. Thank you. Good evening, Mayor, Vice Mayor, Council members and members of the public. It's a pleasure to present before you all this evening. I'm Adam Blair, Assistant Planner with the Community Development Department. And I, along with my esteemed colleague, Senior Engineer Andrew Davidson, are here to discuss a proposed amendment to parking regulations, proposing a no parking zone opposite the North Street driveway of 22 Atwood Avenue. And before we begin, I'd like to take a quick moment to just thank members of the public who reached out to us and provided public comment on this item leading up to the hearing. |
00:26:49.27 | Adam Blair | It's something we greatly appreciate. We value any input and feedback going into these hearings. So thank you. And with that, we'll move forward. Next slide. |
00:27:02.93 | Adam Blair | So project summary. On occasion, residents and members of the public forward their concerns related to parking and traffic safety to various departments, including public works and the police. These concerns range from restriping portions of city streets to making changes to existing no parking areas to address safety issues and improve access to driveways. An internal traffic coordination committee, often referred to as the TCC, is composed of police, public works, and sometimes the Southern Marin Fire Protection District. They meet approximately every quarter to review these requests, and if deemed appropriate and reasonable, bring items to the city council for action. The proposed parking amendment for the removal of on-street parking at 22 Atwood Avenue was originally brought forth to Sausalito City Council, along with two other addresses, 115 3rd Street and 101 Prospect Avenue. |
00:27:56.11 | Adam Blair | These proposed amendments were presented to Sausalito City Council on June 4th, 2024, during the regularly scheduled City Council hearing. |
00:28:04.64 | Adam Blair | The proposal was then referred by Sausalito City Council back to the Planning Commission for further discussion, which took place on July 24th, 2024, in the form of three study sessions, one for each address. |
00:28:18.60 | Adam Blair | The Planning Commission recommended approval of the removal of on-street parking at 115 3rd Street and 101 Prospect Avenue unanimously. |
00:28:27.70 | Adam Blair | And then for 22 Atwood Avenue, three planning commissioners recommended the removal |
00:28:33.60 | Adam Blair | of on street parking at opposite the driveway on north street at 22 atwood with one planning commissioner abstaining and one recusing themselves next slide please |
00:28:46.01 | Adam Blair | So for site location, 22 Atwood Avenue is located nearby the intersection of Atwood Avenue and North Street. It's identified by assessor parcel number 065-203-02. And it's located in the R-3 Multiple Family High Density Residential Zoning District per Sausalito Zoning Ordinance and General Plan. Next slide. |
00:29:09.04 | Adam Blair | Diving into the planning approvals for 22 Atwood Avenue, the property as we know it today really started coming into form in 2012. In 2012, the Community Development Department received a design review, variance tree removal permit and encroachment agreement application, project ID 12-124. This application was approved through Planning Commission Resolution number 2012-23. |
00:29:34.93 | Adam Blair | The design review permit portion, which was subject to heightened review findings, proposed modifications within the Atwood Avenue right of way, including construction of facade modifications, construction of a mechanical room, construction of retaining walls, stairs, paths, landscaping, and demolition of an existing parking deck. |
00:29:54.76 | Adam Blair | For proposed modifications within the North Street right-of-way, this included the proposed construction of a two-car garage, as well as retaining walls, stairs, and landscaping. |
00:30:04.96 | Adam Blair | The variance portion of the application requested the allowance of 432 square feet of building coverage for the proposed garage and mechanical room. It proposed the allowance of 817 square feet of additional impervious surface coverage. |
00:30:20.76 | Adam Blair | It also requested the allowance of 86 square feet of floor area for the proposed garage and mechanical room. And it proposed the allowance of a reduced three-foot side yard setback from the eastern property line for the proposed garage and a three-foot side yard setback from the western property line. |
00:30:37.92 | Adam Blair | Next slide. |
00:30:41.75 | Adam Blair | Moving to 2013, another application was filed similar to the last one. It was a design review, variance, encroachment agreement, and tree removal permit application, project ID 13-196. This project was denied through Planning Commission Resolution No. 2013-31. The design review permit portion of the application, which was also subject to heightened review findings, proposed modifications and additions totaling 347 square feet of new floor area, a new second floor covered deck, stairs, other hardscape improvements, removal of a parking deck and construction of a new walkway within the Atwood Avenue public right-of-way. |
00:31:22.61 | Adam Blair | The variants requested the allowance of additional building coverage, floor area, and impervious surfaces beyond that which is allowed in the R-3 zoning district. |
00:31:32.46 | Adam Blair | The tree removal permit requested the removal of three pitosporum trees, one coast live oak tree, two toyon trees, and one cotton Easter. Then the encroachment agreement portion of the application was to allow these improvements within the Atwood Avenue and North Street Public right of way. Next slide. |
00:31:50.89 | Adam Blair | And then the residence was ultimately approved in 2014 through a design review, variance, tree removal permit, and encroachment agreement application, Project ID 14-006. It basically approved the residence as is, including the curved driveway. And a couple of the heightened review findings that were worth noting was heightened review finding D, which says, quote, A new two-car garage will be provided on North Street, which has been designed to not impact existing on street parking and is set at an angle to facilitate ingress and egress, end quote. And then heightened review finding F also stated the following. The project allows for adequate guest parking along the street frontage within the Atwood Avenue right of way. |
00:32:33.99 | Adam Blair | End quote. In 2015, an administrative modification to an approved project was applied for |
00:32:41.41 | Adam Blair | To propose the relocation of the garage, it was proposed to be moved from a 5'4'' setback from the eastern property line to a 13'3'' setback from the eastern property line. So it shifted the garage over about 7'11". |
00:32:57.58 | Adam Blair | Notice of decision was issued on October 7th, 2015, and the main reason for the proposal was to help address a slope retention issue pertaining to the western side of the property between 22 Atwood Avenue and 18 Atwood Avenue. Moving the garage would essentially or essentially eliminated the need for a large retaining wall on that portion of the property. |
00:33:20.98 | Adam Blair | And the project was deemed, or I guess the relocated garage was deemed to have no impact on ingress and egress at North Street. And with that, I will pass the mic to my colleague, Andrew Davidson. Thank you. |
00:33:37.39 | Andrew Davidson | Thank you, Adam. |
00:33:39.11 | Andrew Davidson | Next slide, please. |
00:33:42.33 | Andrew Davidson | Thanks. |
00:33:43.34 | Andrew Davidson | So good evening, and I'm Andrew Davidson, Senior Engineer in the Department of Public Works, and I'm going to present some information related to the no parking request made by the property owner at 22 Atwood in order to improve ingress and egress for their driveway garage and garage, which are located on North Street. |
00:34:03.49 | Andrew Davidson | So as Adam touched on, on May 14th of this year, the internal... |
00:34:08.25 | Andrew Davidson | traffic coordination committee met as it does roughly quarterly to discuss eight items three of which were related to access to residential driveways and the request for installation of red curbs to resolve issues of ingress and egress to those driveways the traffic committee concurred with the requests and this evening you are reviewing the request made by the property owner at 22 atwood |
00:34:32.42 | Andrew Davidson | So the traffic committee is composed of staff from the police department, public works, sometimes community development, and sometimes the Southern Marin Fire Protection District. Going back, I was able to locate agendas dating back as far as 2005 for the traffic committee. At that time, members included the city manager, police and fire chiefs, director of public works, city engineer, |
00:34:57.14 | Andrew Davidson | Thank you. |
00:34:57.31 | Andrew Davidson | parking manager, community development director, and superintendent of Public Works. |
00:35:04.09 | Andrew Davidson | So taking a look at this slide, 22 Atwood, which you can see outlined in yellow, it's the garage and driveway for this address are located with ingress and egress on the south side of the house, located on North Street. |
00:35:18.03 | Andrew Davidson | Next slide, please. |
00:35:22.55 | Andrew Davidson | This view is along North Street looking towards the west as if we are driving from east to west. To the right is the driveway and garage for 22 Atwood, and on the left is the curb with approximately 33 feet of available space for parking along the 301 North Street frontage opposite the garage and driveway. The driveway flare for 301 North Street is painted red for approximately two feet and the curb at the access to 301 north street is also painted red those those existing red zones are the limits of the open 33 feet |
00:36:01.48 | Andrew Davidson | The width of the street is approximately 18 feet. |
00:36:04.28 | Andrew Davidson | The driveway and garage for 22 Atwood are on a skew, orientated to assist drivers approaching from the east. According to the property owner, they are unable to effectively ingress and egress the garage with a vehicle parked on that opposite curb. |
00:36:20.96 | Andrew Davidson | Next slide, please. |
00:36:24.38 | Andrew Davidson | So the property owner is requesting that the curb opposite their driveway be painted red to facilitate their ability to use their garage. The resident would prefer that both stall to be eliminated, but that eliminating one would be just adequate for ingress and egress into their garage. The property owner stated that because of the difficulty of ingress and egress to their garage, they are required to use two on-street parking spaces in the area. |
00:36:51.97 | Andrew Davidson | However, if they can use the two spaces in the garage by eliminating one space on North Street, there would be a net gain of one parking space to the neighborhood. |
00:37:03.65 | Andrew Davidson | This would be accomplished by adding 13 feet of red curb and leaving a single 20-foot parking space along the frontage of 301 North Street. |
00:37:13.17 | Andrew Davidson | So the existing 33 feet of non-red curb do not equate to two full parking spaces. However... |
00:37:20.96 | Andrew Davidson | This doesn't mean that two cars are unable to park here and still be out of the existing red. They just have to be short enough and parked well to do so. |
00:37:32.02 | Andrew Davidson | Next slide, please. |
00:37:36.02 | Andrew Davidson | This slide shows a turning study for ingress and egress for the driveway and garage. The study was prepared by parametrics who provide on-call traffic engineering services for the city. So on the left side of the exhibit, you see the model for ingress, and on the right side, the model for egress. The turn lines are in blue, which are a little hard to see. |
00:37:59.32 | Andrew Davidson | and show the right and left edges of the vehicle and the center of the vehicle as it moves. Excuse me. |
00:38:07.37 | Andrew Davidson | The turning study shows that a vehicle attempting to ingress and egress from the driveway has conflicts if a vehicle is parked at the eastern end of the non-red curb. |
00:38:19.66 | Andrew Davidson | you can see the blue lines intersecting with the parked car at the eastern end of the curb. |
00:38:24.87 | Andrew Davidson | Painting 13 additional feet of curb with red will allow a vehicle to enter and exit the 22 Atwood garage while facing the westbound direction and will leave a 20-foot parking space along the North Street curb. |
00:38:38.88 | Andrew Davidson | Thank you. |
00:38:38.98 | Andrew Davidson | Thank you. |
00:38:39.74 | Andrew Davidson | Next slide, please. |
00:38:42.76 | Andrew Davidson | So this slide provides some information regarding signage in the area of 22 Atwood, as well as the approximate number of parking spaces in the area. |
00:38:52.12 | Andrew Davidson | This information came from Parking Enforcement. |
00:38:55.55 | Andrew Davidson | The area is part of the area H permit that restricts parking to two hours unless a vehicle has the area H permit. |
00:39:03.97 | Andrew Davidson | You can see some of the sign locations in the area which are represented by the red squares. |
00:39:09.99 | Andrew Davidson | In the vicinity of 22 Atwood, Area H permit signs are located on North Street, |
00:39:16.19 | Andrew Davidson | between Josephine and Third Street. |
00:39:19.36 | Andrew Davidson | on 2nd Street |
00:39:20.93 | Andrew Davidson | between Richardson |
00:39:22.58 | Andrew Davidson | And it's N to the north. |
00:39:25.08 | Andrew Davidson | and on third and fourth streets between Richardson and North Street. |
00:39:31.05 | Andrew Davidson | Now anyone can park in the area for up to two hours. |
00:39:34.28 | Andrew Davidson | If someone has an area age permit, they may park up to 72 hours without moving. |
00:39:40.25 | Andrew Davidson | Beyond 72 hours, any car may receive a citation if it hasn't moved. |
00:39:45.67 | Andrew Davidson | In June, the council asked if businesses were using parking in the area to the detriment of the residents. |
00:39:52.30 | Andrew Davidson | In response, parking enforcement responded that businesses do use the area, mostly contractors, due to ongoing construction projects. However, employees of Bridgeway businesses use the area very little. |
00:40:08.04 | Andrew Davidson | Parking enforcement performed a spot count of parked cars in the neighborhood between Wednesday, September 4th and Saturday, September 7th. |
00:40:17.14 | Andrew Davidson | This information is included |
00:40:19.75 | Andrew Davidson | in the staff report as attachment four. |
00:40:23.13 | Andrew Davidson | This very informal count showed that occupancy of the parking spaces ranged between a low of about 70% to a high of 100%, with a rough approximate overall average of 90% occupancy on the days and times that the observations were made. |
00:40:41.24 | Andrew Davidson | Next slide. |
00:40:43.13 | Andrew Davidson | Last line. |
00:40:44.04 | Andrew Davidson | So... |
00:40:45.83 | Andrew Davidson | Open for questions and comments. This image is a Google map street view. It shows two cars parked along that curb adjacent to 301 North Street and opposite the 22 Atwood garage and driveway. The white van is probably in that 13-foot zone that's being requested to be painted red. I don't know if those vehicles are... |
00:41:10.14 | Andrew Davidson | constrained within the existing red or if they're hanging over the red. But there you go. |
00:41:18.72 | Mayor Kamele | The vice mayor was first with some questions. I think council member Hoffman raised her hand after anyone else. |
00:41:24.25 | Karen Hollweg | Thank you. Thank you. I'll ask my questions. |
00:41:30.07 | Unknown | Sorry to interrupt, but I think I'm, I didn't realize that I'm within a thousand feet based on some of the parking associated with this. So I'm going to recuse myself since I am a renter, so I'm not necessarily required to, but since I sometimes park on Atwood, I'm just going to |
00:41:45.92 | Unknown | Tell me when to. |
00:41:46.96 | Unknown | which is great. |
00:41:50.74 | Karen Hollweg | I'd like to ask my questions of the assistant planner if I might. |
00:41:53.98 | Kate Carlson | Adam. |
00:41:54.47 | Adam Blair | Thank you. |
00:41:58.41 | Karen Hollweg | Adam, it's nice to meet you. Welcome. |
00:41:59.92 | Adam Blair | Likewise. Thank you. |
00:42:01.61 | Karen Hollweg | um, |
00:42:04.14 | Karen Hollweg | You may or may not realize that I was the chair of the planning commission that considered this project on March 26, 2014. |
00:42:11.18 | Karen Hollweg | One of the things that we provided to the applicant at that time was an encroachment agreement. You read some of the design, heightened design review findings, but we also had a couple of key encroachment permit findings. And as you know, an encroachment permit has to be approved, not just it's recommended by the Planning Commission, it actually has to be approved by the City Council, right? |
00:42:32.91 | Unknown | Right. |
00:42:32.98 | Adam Blair | Correct. |
00:42:33.13 | Karen Hollweg | So that's really a privilege that's rarely granted, right? |
00:42:33.18 | Unknown | Thank you. |
00:42:37.52 | Karen Hollweg | Okay. And so as part of the encroachment agreement, did we include finding B... |
00:42:46.03 | Karen Hollweg | The encroachment will not, sorry, finding, |
00:42:51.39 | Karen Hollweg | C. |
00:42:52.27 | Karen Hollweg | The encroachment is necessary to the reasonable use and enjoyment of the property and the extent of the encroachment is justifiable. |
00:42:58.45 | Karen Hollweg | Due to the size and location of the parcel as it relates to the Atwood Avenue and North Street public rights of way, the steep topography and the existing development of the site, an encroachment will be required to access the existing single family residence and provide |
00:43:13.84 | Karen Hollweg | a two-car garage below the structure. And so we actually already granted an encroachment agreement in order to allow the then property owners to build the garage. Is that right? |
00:43:26.68 | Adam Blair | Correct. Thank you for clarifying that. |
00:43:28.72 | Adam Blair | Yeah. |
00:43:28.79 | Karen Hollweg | Yep. |
00:43:29.06 | Karen Hollweg | Okay. |
00:43:29.78 | Karen Hollweg | We also made finding D. The proposed encroachment will not adversely affect the public circulation nor create or constitute a hazard for |
00:43:38.19 | Karen Hollweg | to public safety. And the reasoning proposed by staff for that was the encroachments as conditioned will not affect access and circulation on Atwood Avenue and North Street because the traveled ways will remain unchanged beyond its current conditions and the angled orientation of the garage allows for improved ingress and egress. Did we make that finding? |
00:44:02.22 | Karen Hollweg | back in 2014. |
00:44:03.58 | Adam Blair | Yes. |
00:44:04.46 | Karen Hollweg | And so we really recommended that the City Council approve this encroachment agreement |
00:44:12.44 | Karen Hollweg | in order to not affect the surrounding circulation. Is that not right? |
00:44:18.45 | Adam Blair | That is correct. The project was approved under the determination that there would be no impact to ingress and egress with the proposed garage on North Street. However, the property owner at 22 Atwood Avenue has expressed that while this determination was made in practice, it is quite difficult for them to get in and out of their garage. And so hence why the claim was filed with the TCC. |
00:44:45.01 | Karen Hollweg | And of course, the current applicant is not the applicant who appeared in front of the Planning Commission in 2014. Isn't that right? |
00:44:52.93 | Adam Blair | Correct. I believe ownership changed since then. Yep. |
00:44:55.47 | Karen Hollweg | And so you have no way of knowing what |
00:44:59.27 | Karen Hollweg | Um, |
00:45:00.67 | Karen Hollweg | what promises the then applicant made when seeking the heightened design review findings, the numerous variances, and the encroachment agreement, right? |
00:45:12.15 | Adam Blair | Some of the reports touched on it, but the records were a little difficult to navigate through. So there was probably some dialogue missing. |
00:45:19.78 | Karen Hollweg | All right. Thank you so much. And thank you for your thorough report. Thank you. |
00:45:22.64 | Adam Blair | Thank you. |
00:45:23.13 | Mayor Kamele | Council Member Hoffman. |
00:45:29.75 | Councilmember Hoffman | No, I don't have anything further. No, thank you. |
00:45:33.31 | Spare | Thank you. |
00:45:33.32 | Mayor Kamele | I have a question about. |
00:45:37.05 | Mayor Kamele | You don't have any? Okay. |
00:45:39.97 | Mayor Kamele | Thank you. |
00:45:40.57 | Mayor Kamele | There was a letter from Ted Barton. Sorry, I didn't manage my chocolate intake appropriately. |
00:45:46.62 | Unknown | appropriately. |
00:45:48.26 | Mayor Kamele | It cited seven |
00:45:51.30 | Mayor Kamele | changes to parking in the neighborhood. |
00:45:54.15 | Mayor Kamele | Um, |
00:45:55.84 | Mayor Kamele | I don't know if you saw this letter, but it said that some of these red |
00:45:59.72 | Mayor Kamele | curbs. |
00:46:00.82 | Mayor Kamele | have shown up. |
00:46:02.18 | Mayor Kamele | according to Alleged, without authorization. |
00:46:05.39 | Mayor Kamele | Has there ever been an audit or inventory of the area to identify red curve and validate that every place that's painted red has been authorized and that there are no red curbs that are sort of like. |
00:46:17.71 | Andrew Davidson | So throughout the city, we will find areas with red curbs that I cannot find |
00:46:18.41 | Mayor Kamele | That's right. |
00:46:24.17 | Andrew Davidson | Um, |
00:46:25.37 | Andrew Davidson | ordinances or direction to have made or created those red curbs. So I both |
00:46:32.27 | Andrew Davidson | my, |
00:46:33.33 | Andrew Davidson | I can't answer that, honestly. |
00:46:35.39 | Andrew Davidson | because I don't know if those were created legitimately. For example, you'll find a lot of red curbs are a lot of red |
00:46:43.63 | Andrew Davidson | flares that driveways are painted and those we just do to help highlight the edges of driveways and make it easier for folks to stay out of the way. |
00:46:52.45 | Andrew Davidson | I mentioned that at 301 North Street, the access to their residence is paint. The curb is painted red, and that's per ordinance that paraphrasing says that if your access does not land on a sidewalk and it goes directly to a curb that no one's allowed to park right in front of your access. So we paint those out. |
00:47:11.61 | Andrew Davidson | with some red squares. |
00:47:13.36 | Andrew Davidson | Um, |
00:47:14.49 | Andrew Davidson | Fair enough. |
00:47:15.15 | Mayor Kamele | Thank you. My follow-up question is whether there's an effort at CDW in any way or the police department to attend to the thematic issue of a shortage of parking by making sure that there are |
00:47:15.69 | Andrew Davidson | It's just, |
00:47:31.25 | Mayor Kamele | that there's an accountability for the renegade use of red paint by random people to, uh, |
00:47:37.49 | Mayor Kamele | Create no parking zones without authorization. |
00:47:40.83 | Mayor Kamele | Is there any plan to do any of that? |
00:47:41.96 | Andrew Davidson | Thank you. |
00:47:42.10 | Andrew Davidson | We haven't discussed it. |
00:47:44.07 | Mayor Kamele | So in the work that you did here on this area, |
00:47:46.57 | Mayor Kamele | uh, |
00:47:47.30 | Mayor Kamele | when you were speaking to these neighbors and they were pointing out any of these items |
00:47:51.65 | Mayor Kamele | uh, |
00:47:52.95 | Mayor Kamele | Was it simply because it's not the task at hand that we set them aside? Or is there any plan to maybe follow up on this letter with Mr. Barton and maybe do an audit of the spots he's mentioned to see if they could be free to? |
00:48:07.55 | Andrew Davidson | direction. |
00:48:08.02 | Mayor Kamele | Yeah. |
00:48:08.12 | Andrew Davidson | Yes. |
00:48:08.44 | Mayor Kamele | We could do that. |
00:48:10.47 | Mayor Kamele | Is that something you really need city council direction for? Is that a sort of administrative? I think it's administrative. |
00:48:13.82 | Andrew Davidson | I think it's administrative, right? |
00:48:15.49 | Mayor Kamele | You know, the theme of all the letters is that there isn't the parking is tight. |
00:48:20.34 | Mayor Kamele | And you've gotten a lot of feedback in this meeting in the previous one with specific examples of where there might be modifications to create more parking in that area. |
00:48:31.78 | Mayor Kamele | I think, well, you said you have administrative guidance, so maybe that's enough to pursue that line of inquiry. Any other questions? |
00:48:39.00 | Mayor Kamele | Weissmere. |
00:48:39.74 | Karen Hollweg | Just to follow on, one of the assertions by Mr. Barton was that 22 Atwood had redlined a section of the street in front of their house on Atwood. Were you aware of that, or is that a true statement from your perspective? I'm not aware of that. |
00:48:54.36 | Andrew Davidson | . |
00:48:54.37 | Mayor Kamele | Thank you. |
00:48:54.46 | Unknown | I'm not aware of that. |
00:48:57.12 | Mayor Kamele | Any other questions? |
00:48:58.80 | Mayor Kamele | All right, then we'll do public comment, please. Any public comment on this matter? |
00:49:02.73 | Mr. City Clerk | Yes, we'll start with Simone Waddell. |
00:49:09.97 | Mr. City Clerk | And then we're going to be followed by Jen Johnson or yeah. |
00:49:15.99 | Unknown | Good evening. And I want first to welcome our new neighbor. I lived in Sausalito since 1967. I have parked on North Street for those years. And I do my grocery. I go to mind my business. I used to teach in the city. And now I still live there with my daughter and my granddaughter. And I have been witness of the painting of the curve on North Street. And I was home and I was also a witness of the sledgehammering of the curve in order to enlarge the entrance for the house at the I think it's 301 North Street and I have a sense of community, my husband was a local architect, he really cared about the social community, and I do too. And people, I feel, don't really respect the rules, existing rules. And I think it's easy to know the rules and to respect them. And it's just what I want to say, a sense of community and understanding the neighbors. Thank you. |
00:50:46.56 | Mr. City Clerk | Ben Johnson. |
00:50:50.12 | Unknown | Hi, I live at the... |
00:50:53.46 | Unknown | the far end of 2nd Street, |
00:50:55.74 | Unknown | There's many residences on the second street stairs that have no public parking. They have no streetscape at all. They're on the stairs. And there's multiple apartments and multi-unit buildings. |
00:51:09.93 | Unknown | Residences on North Street. I believe someone, one of the neighbors counted up 20 to 28 cars that needs parking in the current 14 spaces that are available. I know that it may not be easy to scoot into the garage the way it's canted, but I think it's possible. I drove that tonight on the way here. My own driveway is very narrow. The city wouldn't give me enough space to do anything but. I have to enter at a right angle or I can't make the curve. And there's been multiple times that I have to call the police probably two or three times a year in order to get them to have cars move that are parked in my driveway. So parking is tight and people need all the spaces they can get and |
00:52:04.86 | Unknown | 22 Atwood has two spaces on Atwood that |
00:52:08.64 | Unknown | granted or public but are accessible, |
00:52:11.76 | Unknown | And they have a two-car garage that can be accessed, maybe just not easily and at speed. So I really would... |
00:52:20.27 | Unknown | Beg you to say no to this request and to maintain all parking on North Street because all the neighbors absolutely need it. |
00:52:29.48 | Unknown | Thank you. |
00:52:31.49 | Mr. City Clerk | Next we have Niels Carlsen, followed by Ted Barton. |
00:52:42.64 | Unknown | Oh. |
00:52:45.28 | Niels Carlsen | Good evening, my name is Niels Carlsen. I live just around the corner on 3rd Street from North Street. |
00:52:52.21 | Niels Carlsen | And I saw the building when it was built years ago. I was very impressed of the garage was built in a little bit of a slant instead of parallel with the sidewalk. So I felt that is practical. Now you can get in and out easily with your car. |
00:53:10.22 | Niels Carlsen | Now I hear from the owner that one car goes in easily, |
00:53:15.94 | Niels Carlsen | But it is the second car that is a problem. |
00:53:19.94 | Niels Carlsen | So, |
00:53:21.03 | Niels Carlsen | by moving the parking on the cross street |
00:53:28.04 | Niels Carlsen | To me, |
00:53:30.18 | Niels Carlsen | Doesn't help. |
00:53:31.87 | Niels Carlsen | And the problem that the owner has |
00:53:34.90 | Niels Carlsen | doesn't solve by doing this. |
00:53:37.70 | Niels Carlsen | It just transferred his problem to the neighbor's problem. |
00:53:43.31 | Niels Carlsen | And to me, |
00:53:44.57 | Niels Carlsen | is not logic. |
00:53:46.82 | Niels Carlsen | And something that is not logic, I have difficulty to accept. |
00:53:51.83 | Niels Carlsen | Thank you. |
00:53:53.99 | Unknown | All right. |
00:53:54.02 | Ted Barton | I'm sorry. |
00:53:54.43 | Niels Carlsen | Thank you. |
00:53:54.45 | Mr. City Clerk | Ted Barton, then followed by Carolyn Revelle. |
00:54:01.65 | Ted Barton | Thank you. |
00:54:02.83 | Ted Barton | have a little visual aid here to kind of express the history of increased red parking, red line zones in our area. |
00:54:16.92 | Ted Barton | That when we first got our house at 317 Second Street, that wasn't red zone, that wasn't red zone, and that wasn't blue lined. And things just sort of seem to be coming on. These are all official and they were done for for various reasons, but |
00:54:37.31 | Ted Barton | They're gone. |
00:54:38.54 | Ted Barton | Forever. |
00:54:39.82 | Ted Barton | and |
00:54:41.78 | Ted Barton | The issue at 301 that you talked about earlier, three owners ago, |
00:54:47.30 | Ted Barton | Shirley Luffman, |
00:54:49.04 | Ted Barton | Jack hammered her |
00:54:50.45 | Ted Barton | entrance of her driveway to make it wider. |
00:54:53.10 | Ted Barton | and then painted it red. |
00:54:55.28 | Ted Barton | We said something to the city. |
00:54:57.03 | Ted Barton | May notice, |
00:54:58.00 | Ted Barton | They came back. |
00:54:58.91 | Ted Barton | They put the curve back. |
00:55:00.70 | Ted Barton | It took... |
00:55:01.95 | Ted Barton | took the red paint away. |
00:55:03.75 | Ted Barton | They did it again. |
00:55:05.17 | Ted Barton | And so it stands, it's set as a precedent |
00:55:08.11 | Ted Barton | And so the current owners, very nice people are benefiting from that. I don't blame them. |
00:55:13.91 | Ted Barton | I would too. There was also Ms. Luffman added a little red part right there, right in the middle of a parking spot to put the trash cans out. |
00:55:21.89 | Ted Barton | That's that was just done. |
00:55:23.63 | Ted Barton | You know, it's a zone. So all these people utilize this. I'm getting close to my time here. I would suggest that Mr. Davidson... |
00:55:36.94 | Ted Barton | may have made it, could have made a similar suggestion he's making to us |
00:55:41.79 | Ted Barton | that maybe we could park here, you get two cars in, |
00:55:45.72 | Ted Barton | If your cars are short enough, |
00:55:48.23 | Ted Barton | and parked well to do so. |
00:55:51.24 | Ted Barton | Why not? |
00:55:52.16 | Ted Barton | 22 Atwood. |
00:55:53.70 | Ted Barton | have cars that are short enough |
00:55:55.93 | Ted Barton | and park will to do so. |
00:55:57.90 | Ted Barton | Thank you. |
00:56:00.43 | Mr. City Clerk | Carolyn Revelle. |
00:56:02.39 | Mr. City Clerk | Then we have Nora Waddell. |
00:56:06.26 | Carolyn Rebell | Good evening. I hesitate to speak because I'm up here so often. But I live at 515 North Street, and I went through an elaborate process, the encroachment permit, to get the ability to create my own parking place. But I'm speaking on behalf of the neighbors here tonight with great sympathy for their problem. I was struck, Council Member Cox, by your reference to the earlier decision that, as I understood what you were saying, that approving this garage, the understanding was that it had no impact. There was no impact on the ingress and egress. So I ask you to consider the plight of the neighbors rather than the owner of a two-car garage. Thank you very much. |
00:56:49.98 | Mr. City Clerk | Nora Waddell, then followed by Raylene Gorham. |
00:56:55.97 | Nora Waddell | Thank you so much for hearing us. Sorry, all of this to do for a fairly minor item. It seems to me that if we had more public transportation, if we had infrastructure, if we had BART, if we didn't have so many individual cars, we would have less of this issue or public bikes, you know, but thank you for listening to us. I want to second what my mother was saying, that it is heartwarming to think of the city as defending the public good, and that there are always going to be individual interests that fight for their, you know, their position, but that the public good is not always defended. So I thank you for doing that. At 18 Atwood, the house that's just above, the owner was granted a small portion of red because her garage is parallel to the street. And so she does need that. The red zone that was parked in for, at 301 North across from 22 for the, for the owners to put their garbage cans that reduced that parking space. We used to be able to fit three cars in there. Then now it's two and, |
00:58:23.65 | Nora Waddell | I mean, there's a little bit of leeway there, perhaps. |
00:58:30.40 | Nora Waddell | We've always parked on the street, and we have small cars, and we try to fit them in. So I know it can be challenging, but it is the charm of our city and of our neighborhood that we coexist and that we have small, highly dense areas. Thank you. |
00:58:59.85 | Mr. City Clerk | Really, Ngorom? |
00:59:03.49 | Shiva Pactao | OK. I like. |
00:59:06.35 | Mr. City Clerk | Oh, I'm sorry. Lori Volt. |
00:59:13.20 | Mr. City Clerk | on. |
00:59:15.76 | Lori Volt | Hello. Hi. Thank you so much. I do want to express my sympathy and support. I also have a garage that I am so thankful that the city of Sausalito did put a red box in front of the entrance of the house across the street from me so that I can get in and out of my garage. So thank you so much for that. But I also wanted to comment on what was brought up earlier about rogue red markings on curbs. I can attest that there is one indeed on Central Avenue at 74 and 76 Central Avenue. The owner of that house went and painted the red curb red so that he could have a second parking pad. |
00:59:57.21 | Lori Volt | He also went and then put his own |
00:59:59.74 | Lori Volt | white marks on the street and added an additional |
01:00:02.64 | Lori Volt | parking space, which has caused |
01:00:04.50 | Lori Volt | problems because it's not a regulated sized parking space. And now people are encroaching on the red box that I went so hard at work to get so that I could get in and out of my garage. So I would like to ask Andy Davidson to do an audit of all of the red curb markings in Socelito to make sure they are technically legal and to remark some of the white marks on Central Avenue from the original white marks. |
01:00:33.83 | Lori Volt | Thank you so much. |
01:00:37.72 | Mr. City Clerk | And we have Frederick Lewis. |
01:00:46.31 | Frederick Lewis | Good evening. |
01:00:47.36 | Frederick Lewis | I first wanted to say I have never used red paint in the front or rear of my house, and there is not any red paint on any of the curb in front of my house. |
01:00:56.59 | Frederick Lewis | I wanted to say |
01:00:58.70 | Frederick Lewis | We have a very competent street engineer and unanimous planning commission who have all agreed it is impossible to access my garage when two vehicles are parked across the street. |
01:01:11.39 | Frederick Lewis | If I come around north through Josephine and I pull in and out five, six, seven times, I can get a single car in. It is impossible to get the second vehicle in. So as a result, I park two cars on the street. It is easier for me to park a block away and walk to my house than it is to get in and out of the garage with a single car. Of course, it's impossible for the second car. So there'll be a net gain of a single parking spot there won't be a net loss of parking spaces I spend $80,000 a year on property taxes and I can't even use my garage now in terms of this encroachment |
01:01:49.53 | Frederick Lewis | it |
01:01:51.33 | Frederick Lewis | It's, |
01:01:52.36 | Frederick Lewis | It's a mistake. The encroachment, I can assure you that whoever approved and went through this encroachment process never physically tried to park in and out of the garage. So now here we are in 2024. We can say... |
01:02:06.86 | Frederick Lewis | This encroachment arrangement was put in place 10 years ago, and it should be |
01:02:12.39 | Frederick Lewis | stay in place forever, or in 2024, we can correct a previous mistake. Because I can assure you, I'm not coming here for my health. I cannot park in that garage, and it's completely impossible. And there will be a net gain of parking spaces. I could also tell you that I did park out on the street the other day. I mean, there is no advantage to me to park on the street. The other night, there was a police officer's car there that four or five cars were hit in the street. So I would much rather park in the vehicle. And I can assure you, I was in the military for six years as a police officer, and I can park, drive very well. So it's not an issue with the quality or training of parking. |
01:02:59.57 | Spare | or training of partner. |
01:03:01.08 | Frederick Lewis | Thank you. |
01:03:01.09 | Spare | Thank you. |
01:03:01.11 | Frederick Lewis | Thank you. |
01:03:01.13 | Mr. City Clerk | Thank you. |
01:03:01.16 | Spare | Thank you. |
01:03:01.20 | Frederick Lewis | Thank you. |
01:03:02.97 | Mr. City Clerk | Thank you. |
01:03:03.12 | Spare | Thank you, sir. |
01:03:03.15 | Mr. City Clerk | So, |
01:03:03.49 | Mr. City Clerk | of the |
01:03:03.61 | Spare | Thank you. |
01:03:04.13 | Spare | OK. |
01:03:08.81 | Mr. City Clerk | You can unmute. |
01:03:15.98 | Unknown | Yes, hi. Can you hear me? |
01:03:17.31 | Mayor Kamele | Yes, please go ahead. |
01:03:19.52 | Unknown | Well, yes, my name is Skylar. |
01:03:23.28 | Unknown | search just a few seconds of walking from the parking location. |
01:03:29.34 | Unknown | And I just wanted to state |
01:03:31.05 | Unknown | You know, I think my wife and I, like a lot of people in this neighborhood, we don't have our own garage. |
01:03:37.21 | Unknown | to park a car. So we really rely on the street parking. |
01:03:41.73 | Unknown | Um, |
01:03:42.56 | Unknown | And, you know, it just gotten tighter and tighter, I think. |
01:03:46.28 | Unknown | over the years. |
01:03:49.69 | Unknown | I think obviously if you were to red stripe this zone, that that parking situation would become |
01:03:55.08 | Unknown | even worse. |
01:03:56.61 | Unknown | And I do think, obviously, I don't live at that location, but it seems like it'd be possible to get a car in and out |
01:04:03.40 | Unknown | I don't know about having two cars, but, you know, I think |
01:04:06.70 | Unknown | these |
01:04:07.60 | Unknown | So, |
01:04:07.99 | Unknown | just, you know, part of living in Sausalito is these kind of steep, narrow streets, and you just have to kind of |
01:04:13.89 | Unknown | learn to deal with tight spaces and then tight driving situations |
01:04:18.84 | Unknown | Um, |
01:04:19.48 | Unknown | And so |
01:04:20.56 | Unknown | I would urge you to |
01:04:22.57 | Unknown | to vote against |
01:04:24.73 | Unknown | red red sky being this new spot. Um, |
01:04:28.14 | Unknown | And... |
01:04:29.37 | Unknown | The other thing I would say is... |
01:04:32.61 | Unknown | In my blissful ignorance, I did not know that people were |
01:04:35.91 | Unknown | kind of illegally regstyping |
01:04:39.26 | Unknown | curbs, that's pretty shocking to me. I didn't even know that people would have the guts to even try something like that. So |
01:04:45.18 | Unknown | that'd be great if the city could also |
01:04:48.01 | Unknown | look into that and adjust that as well. |
01:04:53.35 | Unknown | Thank you for having us, Mr. Citi. |
01:04:55.10 | Mr. City Clerk | that's |
01:04:56.16 | Mr. City Clerk | Jonathan Leon. |
01:04:59.83 | Mr. City Clerk | Right. |
01:04:59.98 | Mayor Kamele | Julie. |
01:05:00.15 | Jonathan Leon | on. |
01:05:00.37 | Mr. City Clerk | Bye. |
01:05:00.40 | Jonathan Leon | Thank you. |
01:05:00.47 | Mayor Kamele | Thank you. |
01:05:00.50 | Mr. City Clerk | Thank you. |
01:05:00.77 | Mayor Kamele | Welcome back. |
01:05:02.44 | Jonathan Leon | Hi, sorry to take up your time. |
01:05:04.69 | Jonathan Leon | Um, |
01:05:06.16 | Jonathan Leon | Good evening, council and some staff. And Andy, you did a great job with this. |
01:05:10.83 | Jonathan Leon | Um, |
01:05:12.04 | Jonathan Leon | This constitutes conveyance of a special privilege if this is granted. And my heart goes out to the applicant. But basically every house in Sausalito that's on a hillside has a tradeoff of some sort. |
01:05:24.53 | Jonathan Leon | You know, I can only get one car in my garage because the car lifts off the ground because of the steepness of the hill. |
01:05:31.10 | Jonathan Leon | So there is a compromise with every structure here. |
01:05:35.36 | Jonathan Leon | This would be a benefit to an individual |
01:05:38.18 | Jonathan Leon | and not at the cost of the general public and for the parking permit holders |
01:05:43.72 | Jonathan Leon | I would, as I put my letter to the planning staff, there's an alternative of moving a fire hydrant and opening up that red space on North Street in front of the Second Street stairs. Again, that's not an adequate parking space, but we make do with what we can in Sausalito. |
01:06:01.20 | Jonathan Leon | But that's an alternative. It's an expensive alternative, but it is an alternative. |
01:06:05.76 | Jonathan Leon | I think it's a very good question. |
01:06:06.50 | Jonathan Leon | And the city has these larger goals of affordable housing and multi-unit buildings. And those are not providers of multiple spaces of parking for the most part. And if you keep removing... |
01:06:21.47 | Jonathan Leon | these spaces from the streets to bring people private privileges, it's going to be hard to meet those goals. And it's going to discourage multi-unit housing in general. |
01:06:33.57 | Jonathan Leon | So, |
01:06:34.09 | Mayor Kamele | Thank you. |
01:06:36.79 | Mr. City Clerk | Sorry, I thought it was done. I muted him. Unmute yourself, please. Sorry. |
01:06:39.61 | Mayor Kamele | Sorry, Mr. Leon, we inadvertently muted you perhaps. |
01:06:44.64 | Mr. City Clerk | Thank you. |
01:06:44.65 | Jonathan Leon | That was a wise move on your part, I have said. |
01:06:48.25 | Jonathan Leon | But... |
01:06:48.32 | Mayor Kamele | But, |
01:06:49.18 | Mayor Kamele | Okay. |
01:06:49.48 | Jonathan Leon | I did. |
01:06:49.97 | Mayor Kamele | You have 30 more seconds, Mr. Loon. |
01:06:52.30 | Jonathan Leon | Thank you. |
01:06:53.07 | Jonathan Leon | to represent the community and defend the basic needs of the community. And off-street parking is a basic need of the community, especially in Old Town, where many structures, particularly in this neighborhood, have no off-street parking and rely on the on-street parking to meet the needs of their either owners or renters. |
01:07:11.32 | Jonathan Leon | Thanks for your time. Thank you, sir. |
01:07:14.45 | Mr. City Clerk | And now we have Eva. |
01:07:18.76 | Eva | Thanks. I just wanted to ask if the city has or if residents have noticed how much of the the squeeze on parking is exacerbated by the size of cars. |
01:07:33.57 | Eva | Um, |
01:07:35.16 | Eva | Sorry, can you hear me? |
01:07:36.65 | Mayor Kamele | We can hear you. Go ahead, please. |
01:07:38.42 | Eva | Okay. I'm just wondering if the city's looked into... |
01:07:42.43 | Eva | how much larger vehicles are these days and how that's playing into |
01:07:48.39 | Eva | you know, these issues with parking |
01:07:50.75 | Eva | You know, back in the 70s, when Sally Stanford was mayor and we were advocating for expansion of the bike lanes in the 1980s, |
01:08:00.30 | Eva | we did not |
01:08:03.04 | Eva | think that we would find ourselves in 2024 when you have these monster vehicles and overbuilt houses and overbuilt individual homes, you know, which where people feel like they have to have, you know, these very large SUVs. Um, |
01:08:20.22 | Eva | And it seems like it would be in the best interest of the city and it would be, you know, a |
01:08:26.97 | Eva | I guess, a more novel approach to really consider whether |
01:08:32.82 | Eva | whether Sausalito needs to have some regulations on the size of cars. Now, obviously, that shouldn't apply to anyone who's handicapped and requires, say, a wheelchair. They might need a van for a wheelchair. |
01:08:45.38 | Eva | But, you know, there's just a carrying capacity for the planet. |
01:08:51.10 | Eva | And, you know, it's kind of obvious that things have become bloated |
01:08:57.66 | Eva | And maybe it's time to try something new and look at how you could be a novel city and start laying down some sensible regulations about |
01:09:08.53 | Eva | You could create, you know, you could do it another way. You could create tax incentives for people who have small cars because now we're seeing electric vehicles, you know, becoming |
01:09:18.50 | Eva | bloated to like the the |
01:09:23.72 | Mr. City Clerk | There's no further public comment. |
01:09:25.14 | Mayor Kamele | Okay, we'll close public comment, bring it back up here for discussion. |
01:09:28.75 | Mayor Kamele | Ms. McDougall, please come up to the podium. |
01:09:33.67 | Nora Waddell | Ah, well, John. |
01:09:37.76 | Bep McDougall | Sorry, Wilfred, I did want A to Z tonight. |
01:09:40.93 | Bep McDougall | Thank you for allowing me to speak, Mr. Mayor. |
01:09:43.87 | Bep McDougall | All right. So actually, I was really glad to hear Jonathan Leone's comments because it led into something that I actually wanted to call attention to as well, which has to do as this particular street, this particular neighborhood being a really good beta example of high density housing and how it's going to be a very difficult needle to thread. |
01:10:03.20 | Bep McDougall | going forward. |
01:10:04.72 | Bep McDougall | It's often been said that Sausalito is already maxed out. It's already built out. How can we possibly do more? |
01:10:10.36 | Bep McDougall | Well, of course, we know that the Metropolitan Transportation Commission has an answer for that. |
01:10:15.49 | Bep McDougall | And it involves these very large boxy |
01:10:19.49 | Bep McDougall | apartment structures that give no consideration at all to views or view corridors and everything about the quality of life in Sausalito just goes down the tubes if these things are allowed to be built in our community. So I hope that as we go forward... |
01:10:36.67 | Bep McDougall | just like all the other communities up and down the state of California, we're just going to have to put our backbone into this as we go forward. And I'd like you all to remember tonight. |
01:10:45.78 | Bep McDougall | And these remarkable comments just on one section of our community, which in fact is emblematic of the community at large. |
01:10:54.35 | Bep McDougall | So let us not lose sight of that. We are built out already, and we are maxed out. And a final comment I'd like to make. Actually, it's not a new idea. |
01:11:02.94 | Bep McDougall | to consider the size of vehicles. If we were employing and using now our residential neighborhood code requirements, they actually do call out vehicle size. |
01:11:14.70 | Bep McDougall | Suburbans had to be parked down in the... |
01:11:17.40 | Bep McDougall | ancillary police parking lot. They were too large for the neighborhood while those codes were enforced. |
01:11:23.66 | Bep McDougall | Apparently, all the residential neighborhood codes have been rescinded. They've been declared illegal. |
01:11:29.02 | Bep McDougall | So everything that used to govern sanity for parking |
01:11:33.32 | Bep McDougall | no longer exists. It's kind of a up for grabs moment now. Thank you. |
01:11:40.61 | Mayor Kamele | All right, no further public comment. |
01:11:41.98 | Mayor Kamele | Thank you. |
01:11:42.72 | Mayor Kamele | So any discussion from the dais, vice mayor? |
01:11:46.28 | Karen Hollweg | Thank you, Mr. Mayor. I sent staff a one page, if you could display. So this is page six of exhibit. |
01:12:01.58 | Karen Hollweg | C to the planning commission report. |
01:12:05.82 | Karen Hollweg | from March of 2014. This is a garage plant. So we very carefully look at plans and specifications for every project that we approve, particularly where an encroachment agreement and other special privileges are sought. You can see that there was a garage plan that showed access to the garage from opposite directions with staggered parking in the garage. And I will tell you that in 2014, we were very concerned about ensuring and creating off-street parking because we were in the process of adopting a housing element that allowed accessory dwelling units, which do not require off-street parking. And so that was a priority to the Planning Commission and I assume to the council at that time. |
01:13:00.66 | Karen Hollweg | Um, |
01:13:01.59 | Karen Hollweg | I don't know whether the architect made a mistake. Perhaps signage for the cars across the street that says small car only for the parking spots across the street could be a solution. |
01:13:18.30 | Karen Hollweg | After having reviewed |
01:13:20.07 | Karen Hollweg | the |
01:13:20.80 | Karen Hollweg | careful record that the Planning Commission at the time met |
01:13:24.41 | Karen Hollweg | that the city council relied upon |
01:13:26.47 | Karen Hollweg | in granting the requested encroachment agreement |
01:13:29.37 | Karen Hollweg | I would like to make a motion this evening to deny |
01:13:33.10 | Karen Hollweg | the request |
01:13:34.56 | Karen Hollweg | to eliminate additional parking spots on... |
01:13:40.44 | Karen Hollweg | Um, |
01:13:41.80 | Karen Hollweg | Atwood. I would like to ask city staff whether it's feasible to put signage and say, |
01:13:47.78 | Karen Hollweg | you know, small car only or something like that to give |
01:13:51.41 | Karen Hollweg | the owners of 22 Atwood more clearance as they access their garage. |
01:13:59.34 | Mayor Kamele | I could second that motion. Maybe I'd ask you whether you want to give a little bit of direction on something. |
01:14:04.18 | Mayor Kamele | there have been |
01:14:05.11 | Karen Hollweg | I want to ask if it's feasible. I was concerned about the comment by Babette McDougall that, um, |
01:14:11.98 | Karen Hollweg | that perhaps we're not allowed to |
01:14:16.33 | Karen Hollweg | Thank you. |
01:14:16.72 | Karen Hollweg | Yeah. So |
01:14:19.65 | Karen Hollweg | um, |
01:14:21.49 | Karen Hollweg | It's different from the vehicle code. |
01:14:21.92 | Mayor Kamele | It's a good place. |
01:14:24.60 | Mayor Kamele | Just looking at that drawing there, I just note Mr. Barton identified this spot that someone painted red on across the street. It might be possible to ship those two. If that spot isn't illegal, it might be possible to ship those cars 15 feet to the west without removing any parking spots and give the homeowner a little bit more angle together without reducing any parking. But it all depends on whether those spots, the other red curbs are illegal or not. So it's denying this... |
01:14:25.97 | Karen Hollweg | Thank you. |
01:14:30.47 | Karen Hollweg | Yeah. |
01:14:49.94 | Karen Hollweg | So I |
01:14:51.50 | Karen Hollweg | So then I would say, OK, and I want to hear from Janelle, I will say let's give direction to the city engineer to review this plan. I'll forward it to him and ensure that the way that the street is striped is indeed in accordance with this plan that was approved initially. |
01:15:10.13 | Mayor Kamele | and then invite the applicant if if there is a way to not reduce any parking but just by shifting the cars uh but not reduce the number of parking spots then maybe we could reconsider um a way to give him a little room to turn the corner but |
01:15:24.37 | Karen Hollweg | I like that idea. I really do want to thank you for second D. And I really do want to. |
01:15:24.39 | Mayor Kamele | I like that idea. |
01:15:29.82 | Karen Hollweg | identify a feasible solution. I think when we approved this project, we thought they had presented us with a feasible solution. |
01:15:36.93 | Unknown | Thank you, Vice Mayor, for the history here. It's very helpful. I'm wondering, maybe for the city engineer, |
01:15:37.08 | Karen Hollweg | Thank you. |
01:15:42.86 | Unknown | How true to reality is this diagram? And when I sort of eyeball it, it looks like potentially two cars could park in the driveway pad. So I'm trying to understand what the actual use case scenario opportunity here is. Andy, maybe you can speak to this. And then I'll also just comment, and I think this is where you're going, Mayor. We should do a thorough review of the red-painted areas and maybe have a whole refresh based on the city engineer's |
01:16:14.19 | Unknown | commentary here. |
01:16:15.70 | Mayor Kamele | I can answer your question because I tried to park in the pad today with my big SUV and I couldn't do it. So it's certainly not like that drawing. |
01:16:18.98 | Unknown | Oh, great. |
01:16:22.93 | Unknown | Okay, for just one car you couldn't even? Okay. Interesting. |
01:16:28.18 | Kevin McGowan | Thank you. As Andy takes a look at the sketch here, we'll have to get back to you on some of your questions and comments, specifically taking a look at, you know, what the diagram says and making sure that we can answer your questions in the future. As far as changing the vehicle sizes, I would need to also check with our legal department to find out if we can or cannot do that. |
01:16:51.75 | Karen Hollweg | I'm getting some behind the scenes feedback that perhaps we cannot, but I appreciate that we make the effort. I do want to try to accommodate the homeowner, but I also want to be respectful of the neighbors. |
01:17:02.58 | Karen Hollweg | Sounds good. |
01:17:03.78 | Unknown | And Kevin, while you're up there, Dr. McGon, do you have any sense, and I think I've also seen people painting. |
01:17:10.13 | Unknown | Cribs Red, do you have any sense as to what it might take to do just a review of this whole area to determine |
01:17:19.85 | Unknown | whether the areas that are painted red are appropriately so, and whether there's maybe some public safety measures that the city could evaluate on its own? |
01:17:28.96 | Kevin McGowan | We can look into that as you have directed us to look into. I've found my time here in Sausalito that on occasion we don't have records in certain times past, let's say, the 70s. So if something was painted red and it's an old house or an old neighborhood, we may not have record of whether the city council approved it. |
01:17:51.89 | Kevin McGowan | So we'll look into it and see what we have compared to what's out there. |
01:17:56.33 | Mayor Kamele | Can I follow up on that, Councilmember? Just in this case, not to make it any more difficult than literally in this room, we've got some institutional memory. So rather than trying to let the end it perfectly the enemy of the good here, at least you have the, you know, the names, emails, and preliminary testimony on a variety of spots that could easily be evaluated. |
01:18:18.57 | Mr. City Manager | Yeah. |
01:18:18.94 | Mr. City Manager | Mayor, if I can, I'd like to weigh in on this. We can do it, but we need to analyze when we'll do it and I think get back to you because it's always a question of capacity. And so Kevin and I can speak tomorrow about the timing of this and get a response back to the council on where we'll start and when we'll start. |
01:18:38.80 | Mayor Kamele | Thank you. |
01:18:41.06 | Mr. City Manager | So if |
01:18:41.98 | Mayor Kamele | I think. |
01:18:42.57 | Mayor Kamele | Any other comments, Councilmember Hoffman, anything? |
01:18:47.63 | Councilmember Hoffman | I think, yes, thank you. My comment was to follow on Councilmember Cox's and the diagram that she showed and whether or not that's still an accurate depiction or not. I'm not, that I'm not clear on. And so I think if we're in agreement that that's no longer an accurate, okay, so then, so if I could summarize and you guys can, |
01:18:48.00 | Mayor Kamele | Bye. |
01:18:48.51 | Mayor Kamele | you |
01:19:09.79 | Councilmember Hoffman | confirm that we currently have a house on Atwood that has two parking, two car garage on North Street, and the owner's not able to access from the street the two parking spots while there's cars parked across the street. Is that an accurate description of what we're talking about? |
01:19:30.26 | Councilmember Hoffman | Okay. |
01:19:32.60 | Councilmember Hoffman | Thanks. |
01:19:35.88 | Mayor Kamele | So there's a motion on the floor to deny the no parking space, but with direction to investigate renegade red curbs. And if it's possible to preserve two parking spots by shifting the cars, reconfiguring, then to proceed with that. But just generally to look for other renegade red spots in the area. Councilman McKellman. |
01:19:57.83 | Unknown | sir marriage one inquire of councilmember hoffman um are you inclined to support the motion or do you have other concerns |
01:20:04.58 | Councilmember Hoffman | These are my concerns is that we have a street on North Street that doesn't allow parking on the right-hand side. So sometimes when we look at garages, it's, well, you're losing parking spaces because you're creating a garage. And you're actually giving an added benefit to the owner because now they've got a two-car garage plus another parking spot that they can block their own garage with. That's not the case in this one, in this one instance um um the owner the homeowner has a permitted two-car garage |
01:20:34.85 | Councilmember Hoffman | that admittedly, and |
01:20:37.45 | Councilmember Hoffman | The facts seem to imply or the facts seem to support that he's not able to actually access his two car garage from the street when there's parking spots that when there's parking across the street from his garage. To me, one of the issues is that then it pushes, as he stated during a statement, it pushes those cars back out onto the street. And so we're losing two street car parking spots by not allowing him to the ingress he needs to access his garage. So that I think is a factual summary of what we're talking about. And so based on the comments that we've had here today and the presentations. So |
01:21:22.95 | Councilmember Hoffman | I... |
01:21:24.26 | Councilmember Hoffman | Are we still in discussion? Yeah. OK. |
01:21:26.71 | Mayor Kamele | There's a motion on the floor that's been said. We're discussing that motion. |
01:21:28.09 | Councilmember Hoffman | Exactly. |
01:21:29.53 | Councilmember Hoffman | Yeah, so I think Council Member or Vice Mayor Cox is driving toward a solution, which is can we somehow shift around the red spaces along North Street so that we can allow... |
01:21:40.82 | Councilmember Hoffman | some access for the homeowner to access his garage and thus taking cars off the street and allow more street parking. So, you know, I think that's a good idea. And I'd like to explore that some more. So, I mean, do we have to have input from staff or do we have to have any further confirmation of that? |
01:22:02.20 | Karen Hollweg | I'm asking that we give direction to staff and handle this at the administrative level. The most recent amendment |
01:22:08.71 | Karen Hollweg | to the permit at |
01:22:10.42 | Karen Hollweg | 22 at what was done at the administrative level following the Planning Commission decision in 2014 so I'm asking that we deny the application and |
01:22:22.26 | Karen Hollweg | give direction to staff to see if they can identify a solution that benefits the homeowner without |
01:22:29.13 | Karen Hollweg | permanently |
01:22:30.97 | Karen Hollweg | um, Disadvantaging the neighborhood. And we've heard, you know, numerous comments. |
01:22:36.79 | Karen Hollweg | Thank you. |
01:22:36.81 | Mayor Kamele | Or to put that direction in another way, the way I put it, which is if you can still park the same number of cars by painting a little bit of red across from the gentleman's home, but shifting the cars to the west, then we're giving them authorization to do that administratively. |
01:22:41.70 | Karen Hollweg | Thank you. |
01:22:41.72 | Unknown | Yeah. |
01:22:53.14 | Karen Hollweg | And then if they need something, I'm sorry. |
01:22:53.80 | Mayor Kamele | But if not, then do that. |
01:22:55.39 | Mayor Kamele | But if not, then. |
01:22:56.48 | Karen Hollweg | If they need a broader solution, then of course they would bring it back to the Planning Commissioner, back to us. But I'm trying. |
01:23:02.34 | Karen Hollweg | to give adequate direction. |
01:23:04.25 | Karen Hollweg | so that we can accommodate the homeowner |
01:23:06.49 | Karen Hollweg | accommodate the concerns of the neighborhood and move forward. |
01:23:12.28 | Councilmember Hoffman | yeah i support that because we have to we have to figure out where do you get uh ingress for his garage so he can get his cars off the street right and um parking spots and maintain the same number of parking spots along north street so yeah that's a puzzle good luck i hope you can |
01:23:19.40 | Carolyn Rebell | Right. |
01:23:28.65 | Mayor Kamele | I'm sorry, sir. You can't. To preserve the order and fairness, you cannot make it. Unfortunately, you can't. So motion's been duly made, seconded, modified, and seconded. All in favor, say aye. |
01:23:40.75 | Mayor Kamele | Bye. |
01:23:40.78 | Unknown | Bye. |
01:23:41.86 | Mayor Kamele | Opposed? Okay, motion carries unanimously, and then I'll move on. |
01:23:44.78 | Mayor Kamele | Item 3L, Authorize... |
01:23:47.48 | Mayor Kamele | The city manager to execute a side letter license agreement was also a Yacht Harbor for the use of 47 parking spaces in Bay Street, |
01:23:54.82 | Mayor Kamele | Parking lot for public parking. |
01:23:58.50 | Mayor Kamele | Do you want us to wait for you? |
01:24:00.97 | Mayor Kamele | Okay. While the council member Glouston gets settled, um, who's going to be |
01:24:08.00 | Mayor Kamele | Mr. City Manager, do you need a moment? |
01:24:13.54 | Mayor Kamele | Are you |
01:24:14.03 | Mr. City Manager | going to be presenting this item or uh i will encapsulate the item mayor for you and the council in the public if you'd let me uh yes why don't |
01:24:15.86 | Mayor Kamele | That's a good thing. |
01:24:21.97 | Mayor Kamele | you just wait half a moment for Councillor Eric Hellman, who said she would be quick. |
01:24:27.71 | Mr. City Manager | We're in the middle of something. |
01:24:33.21 | Mayor Kamele | We'll just wait for Councilmember Coleman. |
01:24:33.25 | Mr. City Manager | Well, just. |
01:24:36.93 | Mayor Kamele | after that let's say it after let's just do it after this one because |
01:24:41.70 | Mayor Kamele | Thank you. |
01:24:44.72 | Spare | I just have. |
01:24:48.22 | Spare | Okay, I'll go to the department door. |
01:24:50.46 | Unknown | for your. |
01:24:51.79 | Spare | She said something that's happened 10 years ago. |
01:24:54.73 | Spare | You made a mistake 10 years. |
01:24:57.72 | Mr. City Manager | you |
01:24:57.83 | Spare | Yeah. |
01:24:58.15 | Mr. City Manager | anywhere. |
01:24:58.63 | Spare | Thank you. |
01:24:58.73 | Mr. City Manager | We're going to try. |
01:25:01.88 | Mayor Kamele | All right, Mr. City Manager, I think we can go ahead and start. House of Rancho, of course, is apprised of all this, so this is more for the public. So go right ahead. |
01:25:11.00 | Mr. City Manager | Thank you, Your Honor and members of the council and the public. I will try to briefly describe this item from the agenda. So it's the consideration of adding parking to the city in partnership with the Sastano Yacht Harbor. The mechanism to accomplish this is a side letter that provides for 47 new spaces east of lot two to the city with shared revenue for these spaces at 50 percent. In consideration of these 47 lots, what you would see is the city would be obligated to enforce the parking for the entire lot that is called the Susso Yacht Harbor lot. The city would have to provide signage and relocate a pay station. And then I also want to point out that this is an agreement that lasted a little as 60 days or as long as the two parties want it to last. So it's intended to be more of a pilot than anything else to see if in fact it's going to work. It has to work for both parties, the city and the Yacht Harbor. And so this was brought forward. The council, the direct to city staff to go back and look at the language of it that was done with the city attorney. So what you have in front of us is the actual agreement that nobody has signed yet. |
01:26:26.11 | Mayor Kamele | Thank you. |
01:26:26.21 | Mr. City Manager | Thank you, Mr. City Manager. |
01:26:26.27 | Mayor Kamele | I think. |
01:26:27.96 | Mayor Kamele | questions or stuff? |
01:26:29.97 | Mayor Kamele | Councilmember Hoffman. |
01:26:31.25 | Councilmember Hoffman | Yes, city manager. Where, I'm sorry, but where in the agreement does it say it's operable for 60 days? |
01:26:38.86 | Mr. City Manager | And then |
01:26:40.08 | Unknown | Thank you. |
01:26:40.15 | Mr. City Manager | Thank you. |
01:26:41.51 | Mr. City Manager | There's a section that says there's 60 day notice and probably the city attorney is the best person to answer that. When we contemplated this thing, it was supposed to be a pilot program for a year. It could be extended. The language analysis, it could be extended without action. But I believe there's a 60 day cutoff period that either party can implement. Can you take a look at that? |
01:26:59.99 | Councilmember Hoffman | I, |
01:27:01.19 | Councilmember Hoffman | Yeah, the way I read it, it says 60 days prior to the end of the lease period. So in other words, it's a year unless we give 60 days notice prior to the end of the lease period. |
01:27:11.62 | Mr. City Manager | I stand corrected. |
01:27:11.64 | Councilmember Hoffman | Thank you. |
01:27:12.88 | Councilmember Hoffman | So, okay. So the next question I have is, what is the, it's not provided in the staff report. I didn't see it. I didn't see it attached to the, |
01:27:23.16 | Councilmember Hoffman | Attached to the item on the agenda, what's the financial breakdown that we expect to receive from the 47 spots in parking lot, this new parking arrangement? |
01:27:38.77 | Mr. City Manager | Thank you for the question. I'm going to ask our finance director to walk through that for you. |
01:27:49.96 | Chad Hess | Good evening, Mayor Council, members of the public. So today I'll summarize some of the financial components of this agreement that parking manager Wayne Kwan and myself have put together. |
01:28:02.26 | Chad Hess | So based upon the the average lot revenue of lot one during the peak season, which we determined to be four thousand two hundred and fifty dollars or two hundred twenty five dollars during the peak months of May through September. |
01:28:14.87 | Chad Hess | We're estimating that those 47 spaces is expected to generate approximately $312,000, which would be split amongst both parties. Of this, we would split the net fees after credit card fees. The city's share of that is approximately $151,000 for the fiscal year. |
01:28:37.01 | Chad Hess | The estimated startup cost to implement this, we're looking at about $3,000 to move one of our existing pay stations. We would not buy a new one. We would move one of our underutilized stations, and then we would move it and reprogram it to accommodate the configuration of the new lot. |
01:28:55.42 | Chad Hess | We are also estimating about $2,000 in additional signage to direct wayfinding to that new additional lot. |
01:29:03.36 | Chad Hess | I'm |
01:29:04.61 | Chad Hess | There is also a $400 administrative fee paid monthly to Sausalito Yacht Harbor, which is $4,800 a year. And then the city would also forego the 25% revenue share on existing parking, which currently is about $400 per month that the city receives from the Sausalito Yacht Harbor. |
01:29:27.26 | Councilmember Hoffman | So Mr. Hess, you just said you expect to receive $312,000? |
01:29:34.21 | Chad Hess | In total for the whole lot, but that would be split amongst both parties. |
01:29:39.61 | Councilmember Hoffman | I'm not clear on how you're getting that. So you're doing, we're getting 47 spots and you're estimating the parking lot one estimate, which is 4,025 per spot, right? |
01:29:50.51 | Chad Hess | Yes. |
01:29:51.54 | Councilmember Hoffman | So my math is 47 times 4,025, right? |
01:29:57.55 | Chad Hess | Okay. |
01:29:57.89 | Councilmember Hoffman | Thank you. |
01:29:57.94 | Councilmember Hoffman | It looks like to me it's $189,000. |
01:29:59.95 | Chad Hess | Then we're then our math is wrong on this. This is something that Wayne helped me provide. I did not review this prior to the meeting because this was produced back in July. |
01:30:09.53 | Chad Hess | Um, |
01:30:11.25 | Chad Hess | So let me revisit that. |
01:30:12.52 | Councilmember Hoffman | OK, that looks me. And that's. |
01:30:15.12 | Unknown | again for everybody? |
01:30:15.94 | Councilmember Hoffman | Yeah, so my math is 47 spots at 4,025 per spot is 189, 175. |
01:30:24.95 | Councilmember Hoffman | We're all looking at our calculators, if we could all confirm that. |
01:30:28.92 | Councilmember Hoffman | Okay. And so the city's revenue from that, then if you split that in half, right? So the city's revenue... |
01:30:29.56 | Unknown | Yeah. |
01:30:37.90 | Councilmember Hoffman | is divided by 2 equals, yes, $94,000. So the city's expected revenue from that is $94,000. |
01:30:47.97 | Chad Hess | Okay. Yes. |
01:30:49.85 | Councilmember Hoffman | And then were of the remaining |
01:30:52.66 | Councilmember Hoffman | I think there's a remaining right now, a remaining 87 spots |
01:30:57.32 | Councilmember Hoffman | that are not part of this deal that we are going to manage |
01:31:00.71 | Councilmember Hoffman | but we're giving up all revenue from those spots. |
01:31:03.41 | Councilmember Hoffman | negotiating away all revenue from those spots if i got that right |
01:31:07.06 | Chad Hess | So we would forego the 25% revenue share, which is generated about $4,800 to the city per year. |
01:31:15.36 | Councilmember Hoffman | spot. |
01:31:16.04 | Chad Hess | No, total. |
01:31:17.49 | Councilmember Hoffman | Oh, total. And you're basing that on what? |
01:31:20.15 | Chad Hess | and the remittances that they have provided. |
01:31:22.57 | Councilmember Hoffman | And so admittedly, once we start managing this lot, you would agree that the revenue per spot should start going up. |
01:31:29.67 | Chad Hess | or which spots, the one that we lease or for his spots? |
01:31:30.87 | Councilmember Hoffman | that we have. |
01:31:32.93 | Councilmember Hoffman | I would guess for all the spots. |
01:31:34.80 | Chad Hess | Well, we would only control the 47 spots. The other spots would be available for his tenants who lease yacht berths. |
01:31:42.61 | Councilmember Hoffman | And he would also be able to make revenue off those spots if they're empty and people pay for those spots. Sure. |
01:31:49.65 | Chad Hess | Sure, they would have to lease them directly from Madden. |
01:31:53.19 | Councilmember Hoffman | Well, they wouldn't leave. Yeah, for the day or however he wants to do it. |
01:31:55.88 | Chad Hess | Correct. |
01:31:56.40 | Councilmember Hoffman | Okay. And we're also creating new signage to direct people to this new lot, correct? |
01:32:02.22 | Chad Hess | We would be. |
01:32:02.81 | Councilmember Hoffman | Thank you. |
01:32:03.07 | Councilmember Hoffman | intentionally. |
01:32:04.28 | Councilmember Hoffman | Have we ever done a, as I recall, |
01:32:07.98 | Councilmember Hoffman | the analysis that we were presented with earlier this year, which was interesting, was that most of the time |
01:32:16.80 | Councilmember Hoffman | In fact, almost all the time, the lots are not completely full. And that includes parking lot one. |
01:32:21.85 | Chad Hess | Yes, based upon our previous analysis, there are vacancies available in most of our lots throughout the year. |
01:32:27.62 | Councilmember Hoffman | And you would agree that since there are spots available then in parking lot two, three, and four, that directing people to lots two, three, and four would keep 100% of the revenue in our pocket? |
01:32:40.24 | Chad Hess | the city would keep 100% of the revenue from those lots, correct? |
01:32:46.16 | Councilmember Hoffman | So I'm not, and this $400 administrative fee, so the Maddens are currently not managing, apparently, because we're supposed to share and they're supposed to give us a breakdown. |
01:32:58.92 | Councilmember Hoffman | by their failure to effectively manage their own parking lot, |
01:33:01.98 | Councilmember Hoffman | they're going to receive an additional about $94,000, right? That's their half of the 47 spots. They're going to receive approximately an additional $100,000 from the city of Sausalio's management of their lot, correct? |
01:33:15.66 | Chad Hess | Sure. Yes. |
01:33:16.91 | Councilmember Hoffman | And then for some reason, we're also assessing ourselves a $400 per month fee |
01:33:22.06 | Councilmember Hoffman | to the Maddens for some sort of administrative fee. |
01:33:24.98 | Chad Hess | Yes, I wasn't part of that negotiation, but that is correct. |
01:33:35.03 | Mayor Kamele | Do you have any more questions? |
01:33:36.22 | Councilmember Hoffman | Yeah, I do. And so, sorry. And so at this, the way that the current deal is, |
01:33:44.15 | Councilmember Hoffman | we're supposed to receive 25% of all parking in all the spots in Madden, whatever it is, correct? |
01:33:50.78 | Chad Hess | Correct, 25% of parking. |
01:33:53.16 | Councilmember Hoffman | Okay. |
01:33:55.82 | Councilmember Hoffman | So our |
01:33:58.09 | Councilmember Hoffman | Well, |
01:33:59.74 | Councilmember Hoffman | It's interesting because our |
01:34:02.59 | Councilmember Hoffman | our effectiveness in increasing the revenue in that lot, we're still losing, you know, we're still... |
01:34:11.98 | Councilmember Hoffman | losing 25% |
01:34:15.08 | Councilmember Hoffman | of the increase, right? I'm saying this backwards, but we're supposed to receive 25% anyway, and we're only adding another 25% because we only get 50% per spot now. |
01:34:23.59 | Chad Hess | So we currently get 25%, but it is very, very underutilized. Mm-hmm. |
01:34:25.63 | Councilmember Hoffman | Yeah. |
01:34:28.97 | Chad Hess | So we would then... |
01:34:30.93 | Chad Hess | accept those 47 spots, we would get 50% of the revenue of those additional spots. |
01:34:41.99 | Councilmember Hoffman | And are we assuming that the 4,000 per spot is also applicable to parking lots two, three, and four? |
01:34:49.77 | Chad Hess | Those lots, when we did the analysis, have a lower per revenue stall. They are less utilized than parking lot one. I don't have those off the top of my head. |
01:34:59.36 | Councilmember Hoffman | So it's interesting that you would then assess the parking lot one revenue estimate to the Madden lot, which is an unproven lot. So I'm wondering on the on the finance estimate on that. |
01:35:07.83 | Chad Hess | marina |
01:35:10.68 | Chad Hess | That was a discussion that the parking manager and I had, and that was the value that we assigned. |
01:35:15.36 | Councilmember Hoffman | Okay. |
01:35:16.61 | Councilmember Hoffman | Okay, thank you, I don't have any further questions. |
01:35:18.21 | Mayor Kamele | Okay, does anyone ask Councilmember Blaustein? |
01:35:21.72 | Councilmember Hoffman | Thank you. |
01:35:21.74 | Unknown | Use your mic. |
01:35:22.19 | Unknown | Thank you. |
01:35:22.80 | Unknown | So just to go over a couple of things, how much revenue do we receive annually from our parking citations as a city? |
01:35:31.15 | Chad Hess | I don't have that number off the top of my head. I believe it's around $350,000, somewhere in there, for all parking citations. |
01:35:39.19 | Unknown | And to be clear, so can you suggest or look up how much the citations are from lot one, for example? |
01:35:45.07 | Chad Hess | We have that data. I don't have it available today. |
01:35:48.72 | Unknown | Okay, but you would anticipate a significant amount of revenue from ticketing fees from the usage of this lot? |
01:35:55.20 | Chad Hess | Yes, potentially. |
01:35:56.52 | Unknown | And how much revenue do we get right now from ticketing fees and revenue in this lot? |
01:36:00.38 | Chad Hess | In the Mattenlot? Yes. No revenue. |
01:36:01.63 | Unknown | Yes. |
01:36:02.81 | Unknown | Okay, and how much revenue do we get in total from the Madden lot right now? |
01:36:06.07 | Chad Hess | for the parking about $4,800 per year. |
01:36:09.15 | Unknown | And do we know how much the Maddens charge for each spot or what's required? |
01:36:13.86 | Chad Hess | I do not know. |
01:36:14.52 | Unknown | that. |
01:36:14.74 | Chad Hess | Thank you. |
01:36:15.21 | Unknown | OK. |
01:36:16.23 | Unknown | And how much revenue are we anticipated to get, assuming we move forward with this agreement? |
01:36:20.98 | Chad Hess | It depends on what number we use. If we use the 40-30. |
01:36:24.90 | Unknown | It's a great day. |
01:36:25.02 | Unknown | Thank you. |
01:36:25.07 | Unknown | I'm sorry. |
01:36:25.14 | Unknown | of numbers. |
01:36:25.40 | Chad Hess | The 4,200, about 94,000. |
01:36:25.46 | Unknown | the |
01:36:28.98 | Unknown | Okay, so that's, I'm not great at math, but it's close to 100,000. We're making close to 5000. So it's quite the number of times more than what we're making. It is an increase in potential revenue. |
01:36:37.57 | Chad Hess | It is an increase in potential revenue. |
01:36:39.50 | Unknown | Okay. And then when we say something goes wrong and we aren't making revenue, what are the terms of the lease in terms of... |
01:36:46.67 | Unknown | getting out of it. |
01:36:47.68 | Chad Hess | So from my understanding, it's a one-year lease. It auto-renews at the end of that one term unless either party gives written notice within 60 days of the end of that term. |
01:36:57.38 | Unknown | So within 60 days, if we're not receiving enough revenue to make up for the 4,800, for example, |
01:37:02.66 | Chad Hess | Well, we would be committed for a year. So we would have a one-year agreement with them and we could terminate at the end of that year. |
01:37:09.47 | Unknown | Okay, and we can facilitate a full audit at the end of that year to demonstrate that there is, in fact, revenues from increase from the flood? |
01:37:15.98 | Chad Hess | Yes, yes, it is. It is part of the agreement that either party can audit. |
01:37:19.68 | Unknown | And your expectation in making this assessment of whether or not we should move forward with this agreement, you think there's a significant revenue positive gain from entering in this agreement? |
01:37:28.82 | Chad Hess | Yes, potentially. With the upcoming construction in parking lot one and removing some of those spots, yes, there is potential upside for this agreement. |
01:37:35.49 | Unknown | Yes. |
01:37:38.03 | Unknown | Thank you. |
01:37:38.05 | Karen Hollweg | Okay, thank you. |
01:37:39.77 | Unknown | Can I? |
01:37:40.11 | Unknown | Thank you. |
01:37:43.45 | Karen Hollweg | Thank you. |
01:37:46.17 | Karen Hollweg | Other than the revenue remitted by the Maddens, |
01:37:50.64 | Karen Hollweg | on a monthly basis, the city's not reaping any revenue from their parking lot at the moment. Is that right? |
01:37:57.17 | Chad Hess | We received 25% of their parking lot revenue, about $4,800 per year. |
01:38:01.85 | Karen Hollweg | Okay. |
01:38:02.59 | Karen Hollweg | this side letter licensing agreement lets the city set the rates for the 47 parking spots, correct? |
01:38:13.84 | Chad Hess | That is correct. |
01:38:14.92 | Karen Hollweg | And it makes provision for the same dynamic rates that are established in lots one through four, meaning that we are able to charge higher parking rates when demand is higher. |
01:38:26.10 | Chad Hess | That is correct. |
01:38:27.48 | Karen Hollweg | Right now, the city does get revenue for Jazz by the Bay. The park and rec charges parking on Fridays during the summer, right? That's right. |
01:38:36.54 | Chad Hess | That is my understanding, yes. |
01:38:38.75 | Karen Hollweg | And that's separate from the Madden lease. |
01:38:41.20 | Chad Hess | Yeah, the city receives that and it is receded 100% by the city. |
01:38:41.22 | Karen Hollweg | Thank you. |
01:38:46.55 | Karen Hollweg | um, |
01:38:47.68 | Karen Hollweg | And so |
01:38:49.13 | Karen Hollweg | The city now gets to manage 47 parking spots not currently available to the city to manage, pursuant to this agreement. |
01:38:56.10 | Chad Hess | That would be correct, yes. |
01:38:58.90 | Karen Hollweg | Okay, thank you. |
01:39:00.91 | Unknown | Great, thank you. Hi, Director Hess. Thank you very much. Great questions from my colleagues. |
01:39:06.80 | Unknown | I think it's worth saying for the general public, how many spots total are in the Madden lot? |
01:39:12.13 | Chad Hess | 100 and I don't know the top of my head. |
01:39:15.96 | Chad Hess | Chris knows. |
01:39:17.97 | Chad Hess | 200. |
01:39:18.73 | Unknown | Okay. |
01:39:18.91 | Chad Hess | So Wayne, are you on the line still? Wayne, right now? |
01:39:22.56 | Unknown | the |
01:39:22.61 | Mr. City Manager | 200 check. |
01:39:23.18 | Unknown | Thank you. |
01:39:23.50 | Chad Hess | 200. |
01:39:23.89 | Unknown | Okay, so 200. Of the 200, how many of those do we take |
01:39:30.74 | Unknown | in concept, a 25% share on. |
01:39:33.81 | Chad Hess | In concept, it would be all of those spots that we should be receiving a 25% share of those revenues. |
01:39:40.09 | Unknown | Okay. |
01:39:40.51 | Chad Hess | We also get 25% of the yacht berths. And my understanding is if somebody rents a berth, they get a parking tag included with that. |
01:39:49.42 | Unknown | And so the deal is to move from... |
01:39:52.90 | Unknown | 25% |
01:39:54.71 | Unknown | off of 200 spots. |
01:39:57.05 | Chad Hess | Okay. |
01:39:57.37 | Unknown | to 50% off of 47%. |
01:40:00.46 | Chad Hess | So he is not, my understanding is they are not actively marketing those spots to |
01:40:05.84 | Unknown | But in numbers. |
01:40:06.59 | Chad Hess | As it stands. In numbers. Yes. |
01:40:07.02 | Karen Hollweg | on. |
01:40:07.18 | Unknown | In numbers. |
01:40:07.97 | Karen Hollweg | That's the deal, right? And can I just say it's not off of 200 because... |
01:40:08.29 | Unknown | Yes. |
01:40:13.20 | Karen Hollweg | He uses those for births. |
01:40:14.67 | Unknown | Oh, that's why I was asking, Chad, I just want, however the director articulates, and that's what I'm just trying to... |
01:40:19.31 | Chad Hess | Yeah. So, so he's not actively selling each of those spots. He is giving away the parking as part of a yacht birth rental. |
01:40:26.94 | Unknown | Do we get 25% of the ones where he gives away as part of the yachts? |
01:40:29.23 | Chad Hess | Thank you. |
01:40:29.70 | Chad Hess | We get 25% of the yacht berth rental. So if somebody parks their boat there or rents a spot, we get 25% of that revenue, which inherently is receiving money for that included parking tag. |
01:40:40.25 | Unknown | included. |
01:40:41.30 | Unknown | So this is, and my colleagues know, this was one of my concerns, is that we don't really have a handle on the number of spots by which we are supposed to be implementing a 25% revenue that's not associated with a birth. |
01:40:52.42 | Unknown | That's okay. That's we'll get to that in competition. So, um, |
01:40:56.64 | Unknown | And, |
01:40:57.94 | Unknown | Under this 25% deal right now, is the city allowed to enforce |
01:41:04.28 | Unknown | So you said the remittances have been minor |
01:41:07.35 | Unknown | But... |
01:41:08.18 | Unknown | Is part of that that the city hasn't been enforcing? |
01:41:11.02 | Chad Hess | So when you say enforcing, are you saying like forcing... |
01:41:14.81 | Unknown | There's no parking attendant. |
01:41:16.41 | Chad Hess | There's no parking attendant there. That is not our responsibility. |
01:41:18.15 | Unknown | is not. |
01:41:19.86 | Unknown | And under the lease, that would be our responsibility. |
01:41:22.02 | Chad Hess | Under this side letter, yes, we would enforce that lot and the city would retain 100% of those citations for the entire lot. |
01:41:31.23 | Unknown | Okay, and we would determine how many of the 47 spots are filled because we're installing a machine. |
01:41:36.97 | Chad Hess | We would install a parking machine, yeah. |
01:41:38.69 | Unknown | Okay. And so then we had this number that Kaspar Haven put together, not put together, but gave us the math around 94,587. |
01:41:46.70 | Unknown | And. |
01:41:47.84 | Unknown | From that, we pay for the machine, |
01:41:51.80 | Chad Hess | Yes. |
01:41:52.68 | Unknown | which is about how much. |
01:41:53.59 | Chad Hess | So we already own the machine. So we own the machine. The annual maintenance on a machine is... |
01:42:00.71 | Chad Hess | 1790 per year, which covers the maintenance and any support that the city needs for that machine. |
01:42:09.55 | Unknown | So $1,000 a year, another $4,800 for the management. So now we're at like $6,000. And then you said there's some signage that's going to go in the show. |
01:42:16.12 | Chad Hess | So the first year the signage is estimated to be $2,000 to install new wayfinding signage. And then $3,000 to move an existing machine and reprogram it for those additional spots. |
01:42:27.69 | Unknown | Okay, so the real net revenue number is somewhere in the high $80,000, right? |
01:42:31.32 | Chad Hess | The first year will be a little lower because of those initial startup costs. |
01:42:33.80 | Unknown | Okay. |
01:42:34.49 | Unknown | And, um, |
01:42:36.67 | Unknown | As part of that cost, are you also looking at the time of the individual who is going to be assessing that? This is added work. We're not currently looking at that lot. |
01:42:45.43 | Chad Hess | So enforcing the parking. Yep. Yep. So the current plan is they would not add additional parking attendance. They would just have that be included as part of their lot or their patrol. So they wouldn't be an additional individual on city payroll to enforce that it would be utilizing existing resources. |
01:42:47.12 | Unknown | Yep. |
01:43:02.31 | Unknown | Okay, and we have these existing resources to |
01:43:04.09 | Chad Hess | That is my understanding based upon my discussions with chief of police and our parking manager. |
01:43:09.90 | Unknown | Okay. And I think two of my colleagues said this in different ways. I just want to say it in a way that makes sense to me, which is that it's a one-year lease. We can terminate it 60 days before the end of the one year. |
01:43:19.52 | Chad Hess | That is correct. |
01:43:20.35 | Unknown | Inferminated in 60 days. |
01:43:22.49 | Unknown | It's a winner these six days. |
01:43:22.64 | Chad Hess | We are committed to a one-year agreement and we can terminate by giving notice within 60 days of the end of the lease. |
01:43:29.95 | Unknown | Great. Thank you. I appreciate that. |
01:43:31.31 | Chad Hess | You're very welcome. |
01:43:33.96 | Mayor Kamele | Does anyone else want to turn on questions? If not, then we'll end with you, Councilmember Hoffman. You done? Go on. I'm recognizing you. |
01:43:40.75 | Councilmember Hoffman | Go ahead. |
01:43:42.05 | Councilmember Hoffman | Oh, thanks. So I'm looking at, I'm perplexed by this, that we're only getting $400 currently monthly from Sausley Yacht Harbor. |
01:43:50.99 | Chad Hess | No, for parking. We do receive more than that in total. |
01:43:52.36 | Councilmember Hoffman | get tweeted. |
01:43:54.85 | Councilmember Hoffman | In total because we're also getting 25% of each birth? Yes, that is correct. That is correct. Okay, thanks. So we only get additional $400 a month in parking? In parking. |
01:43:58.11 | Chad Hess | Yes, that is correct. |
01:44:04.91 | Councilmember Hoffman | OK. |
01:44:05.94 | Councilmember Hoffman | And we don't have... |
01:44:10.84 | Councilmember Hoffman | Okay, sorry. Thank you for clarifying that. |
01:44:16.62 | Councilmember Hoffman | How much do we get? |
01:44:18.28 | Councilmember Hoffman | from the slips. |
01:44:19.73 | Councilmember Hoffman | Do you have any idea what our |
01:44:21.67 | Chad Hess | You won't have it off the top of my head. I can look it up on my computer. |
01:44:25.06 | Councilmember Hoffman | It looks to me like there's 700 slips in the Yacht Harbor, and the minimum is $245 a month. I don't know. |
01:44:30.46 | Chad Hess | I don't know off the top of my head, but they provide monthly reporting. |
01:44:34.54 | Chad Hess | And I can certainly look it up. |
01:44:36.43 | Councilmember Hoffman | Okay, I'd be interested to know if we're getting something close to at least $60,000 a month from South City Yard Harbor as part of that 25%. |
01:44:42.43 | Chad Hess | So, |
01:44:43.81 | Chad Hess | There is an agreement where they advance some dollars to repair the bulkhead back in 2011, I believe, way before my time. And that is a reduction of their annual rents. So they track that. We track that every time they remit rents. So that is reducing some of their revenue, the current year revenue, because of that agreement that took place, I believe it was in 2011. |
01:45:09.97 | Councilmember Hoffman | Okay, so do we, we don't have a number for annual rent that we get from, or not annual, sorry, monthly rent that we get from South City Harbor. |
01:45:16.95 | Chad Hess | Yeah, I have it. I don't know. I don't memorize it off the top of my head, but I can certainly look that up for you. |
01:45:22.16 | Councilmember Hoffman | I'd be interested in knowing that, yes. |
01:45:33.27 | Councilmember Hoffman | Would you, I mean, based on the previous report that there's capacity in other parking lots, including parking lot two, three, and four, |
01:45:42.31 | Councilmember Hoffman | um at any given time regardless if it's high season or not high season |
01:45:46.67 | Councilmember Hoffman | um would you agree that there's at least 47 spots in either parking lot two three and four |
01:45:52.02 | Chad Hess | I haven't looked that closely at the data. I can certainly go back and ask that question of the data, but I don't have a number of how many are available. I can attest that there are available spots. |
01:46:02.38 | Councilmember Hoffman | Okay. And even available spots apparently in parking lot one. |
01:46:05.64 | Chad Hess | There are. Yeah. Yes. Based upon the data, I have access to all transactions for the last two fiscal years, and we can look at the data per stall and see how many transactions are in each of those stalls on a per day basis. And there are stalls that do not get rented during any given day. |
01:46:19.30 | Councilmember Hoffman | And they're all... |
01:46:22.97 | Councilmember Hoffman | And as the total loss from the ferry landing plan from parking lot one and Tracy Way is how many spots? |
01:46:31.13 | Chad Hess | I don't know. Um, not off the top of my head, 30, 31, 37, somewhere in there. It has changed on me. |
01:46:36.84 | Councilmember Hoffman | Okay. |
01:46:38.64 | Mayor Kamele | All right, shall we... |
01:46:39.98 | Mayor Kamele | Thank you. |
01:46:40.03 | Mr. City Clerk | Thank you. |
01:46:40.04 | Councilmember Hoffman | Okay. |
01:46:40.30 | Councilmember Hoffman | Thank you. |
01:46:40.38 | Mayor Kamele | Thank you. Thank you very much. We'll close questions now. We'll move on to public comment. |
01:46:40.50 | Councilmember Hoffman | Thank you. |
01:46:44.72 | Mayor Kamele | Is there a public comment on this matter? |
01:46:47.57 | Mr. City Clerk | Yes, there is. We'll start with Peter Van Meter. |
01:46:57.85 | Peter Van Meter | Good evening. I'm thrilled that this agreement is going to be moving ahead tonight because it adds additional parking capacity to downtown |
01:47:06.77 | Peter Van Meter | and made our whole gray landing project |
01:47:10.57 | Peter Van Meter | be an actual enhancement to parking, as well as all the amenities that come from having that plaza being completed |
01:47:17.24 | Peter Van Meter | It's also important to note here that the Madden lot |
01:47:20.63 | Peter Van Meter | has never had daily paid parking. |
01:47:23.53 | Peter Van Meter | So you can't compare revenues from a few little leases they may have given for a few parking spaces in a year. That's why you're only talking $400 a month because they've never had daily paid parking before. And this is now adding that capacity. So those 47 spaces are enhancing the amount of parking we have downtown and you'll be getting money that you do not get today. |
01:47:44.91 | Peter Van Meter | So it's a plus deal for everybody concerned. |
01:47:48.02 | Peter Van Meter | So please, |
01:47:49.57 | Peter Van Meter | Complete. |
01:47:50.24 | Peter Van Meter | this little final ingredient |
01:47:52.17 | Peter Van Meter | In the entire downtown |
01:47:54.56 | Peter Van Meter | Rejuvenation Project. |
01:47:56.99 | Peter Van Meter | by adding this parking to this agreement. Thank you so much. |
01:48:01.97 | Mr. City Clerk | We have Hank Baker, then followed by Adrian Brinton. |
01:48:10.60 | Hank Baker | Hank Baker, downtown resident, downtown business owner. I park in this lot every night, every day. |
01:48:17.63 | Hank Baker | Um, |
01:48:18.54 | Hank Baker | In a given Sunday, there are people driving around going from lot one to lot two to lot three. They can't find a parking place. And yet there's anywhere from 70 to 100 vacant spaces right now in the Madden lot. |
01:48:30.54 | Hank Baker | The Maddens are doing the city a favor and we're making money from it. |
01:48:36.67 | Hank Baker | and they are making money from it, |
01:48:38.61 | Hank Baker | on unused real estate. |
01:48:42.17 | Hank Baker | Even if we make a dollar more, |
01:48:44.73 | Hank Baker | than what we're making right now. The city is ahead of the game. |
01:48:47.94 | Hank Baker | And one thing that the city we haven't discussed tonight is, |
01:48:51.13 | Hank Baker | is the benefit to the downtown merchants. |
01:48:54.64 | Hank Baker | The downtown merchants are screaming for parking. I'm in the middle of all this with the downtown parking committee, and we're working on a whole bunch of other different things. This is additive parking that we don't have right now. |
01:49:08.04 | Hank Baker | And just one other thing to keep in mind as we talk about this parking. This is a. |
01:49:12.85 | Hank Baker | way of idea. |
01:49:15.24 | Hank Baker | the McKinsey |
01:49:16.20 | Hank Baker | group, large international consulting company. |
01:49:19.46 | Hank Baker | suggests that by 2035 and 10 years, |
01:49:23.17 | Hank Baker | 30 to 40% of the cars on the road are autonomous vehicles that don't need a parking place. |
01:49:29.01 | Hank Baker | Today, tomorrow. |
01:49:30.52 | Hank Baker | a couple years from now, we need parking. |
01:49:33.11 | Hank Baker | But as we look at long-term plans... |
01:49:35.31 | Hank Baker | You're not going to need the parking that you have. |
01:49:38.06 | Hank Baker | So let's address the parking need today. |
01:49:40.57 | Hank Baker | and we'll figure out what to do with those extra parking lots |
01:49:44.35 | Hank Baker | five, 10 years from now. |
01:49:45.90 | Hank Baker | Thank you. |
01:49:50.97 | Adrian Brinton | Adrian Brinton, resident, thank you for taking my comment. I do feel like we're losing a little bit of the big picture here. It's very important to look at the revenue of parking. It's obviously very important to the city, as everyone here knows. But as Hank mentioned, we're adding parking to downtown, which is extremely difficult to do. We're taking a badly underutilized parking lot, and we're utilizing it. We're getting the revenue from the tickets and we're getting more parking for the merchants, which they supported the ferry landing partly because we're making a huge effort to optimize our parking. And if we talk about optimizing our parking revenue, looking at, you know, $400 here and a thousand dollars there is not going to move the needle. We can do things with parking technology. We can do automated license plate reader enforcement. We can get better technology for people paying, and we can greatly increase our parking revenue. The other thing that really increases parking revenue is off-peak parking demand. And we need things that drive off-peak demand if we're serious about having more parking revenue. Things like the SCA bringing people downtown, that drives parking revenue. So I'd love to see us look at that. If we have this parking and we do a great event in Gabrielson Park, you know what? We can fill that lot. But if we fill it on a Sunday, we're not going to really make much extra revenue because all the lots are full. So I think if we keep an eye on |
01:51:18.30 | Adrian Brinton | the bigger picture. Let's get the empty plane filled when it's not full. That'll get us more money. Let's increase the parking for the merchants. Thank you very much. |
01:51:31.61 | Mr. City Clerk | Bye-bye. |
01:51:39.64 | Bep McDougall | That man's tall. Thank you very much, Mr. City Clerk. So I'd like to actually pick up on Adrian's point about the big picture, because we're supposed to be looking at this policy of how we attack the negotiation of all city properties, the portfolio of city-owned properties, which is the backstop we have to remember is always the residents who are on the hook when anything ever goes south and more money is needed. We are the hook. When anything ever goes south and more money is needed, we are the ones who are taxed to make up the difference. |
01:52:13.04 | Bep McDougall | I'm just wondering why wouldn't this agreement, even though the Maddens have been in Sausalito for a very long time, and I realize it's a multi-generational relationship, and so it has its own purpose. |
01:52:26.35 | Bep McDougall | unique qualities that in some ways need to be honored and then in other ways |
01:52:31.48 | Bep McDougall | It clearly needs to be revisited. And I just, is there any thought at all? |
01:52:36.49 | Bep McDougall | to any of this being negotiated with the context of this new policy that's in the making? |
01:52:42.48 | Bep McDougall | I just wonder if there's any connecting of the dots here. Is there any comment on that or anything that anyone could share on that? It would sure help to clarify the situation a little better. |
01:52:53.25 | Bep McDougall | Thank you. |
01:52:58.55 | Mr. City Clerk | On Zoom we have Jonathan Leon. |
01:53:03.66 | Jonathan Leon | This is why I don't go to city council meetings. If you recall things from many years ago, and I should have hung up after the last item. |
01:53:13.84 | Jonathan Leon | Um, |
01:53:15.00 | Jonathan Leon | I would just encourage you to negotiate this very carefully. |
01:53:19.22 | Jonathan Leon | and the legalese behind it, there's a lot of dispute of who owns the underlying land here. |
01:53:27.35 | Jonathan Leon | in lots 234 and the Spinnaker, as well as the Madden parking facility. |
01:53:32.70 | Jonathan Leon | The city does not have clear title to this land and neither do the madness. |
01:53:36.64 | Jonathan Leon | It's unclear. |
01:53:38.00 | Jonathan Leon | And that agreement you're signing in 2014 |
01:53:41.97 | Jonathan Leon | wasn't a perfect agreement. It didn't contain any resolution to that effect of who actually owns what. |
01:53:47.17 | Jonathan Leon | So just make sure whatever you negotiate here, that's documented in a way that doesn't convey any sense of who owns what. |
01:53:53.98 | Jonathan Leon | Also, |
01:53:56.70 | Jonathan Leon | if you break down these numbers and Jill, thanks for doing some quick math there. |
01:54:01.39 | Jonathan Leon | You got to take into account how much time you're going to spend. |
01:54:04.26 | Jonathan Leon | administering this. |
01:54:05.93 | Jonathan Leon | with the city parking patrol and cover that cost |
01:54:10.30 | Jonathan Leon | and not just allocate straight out that we eat that and the Maddens don't. The Maddens are good people. I don't mean to |
01:54:18.25 | Jonathan Leon | to catch any inspiration. Also, the marina is required to have a lot of spaces. It's a ton of boats. Make sure you don't lose what's required |
01:54:25.69 | Jonathan Leon | for this marina to be on a weekend |
01:54:28.68 | Jonathan Leon | That's when people use their boats. It's a parking lot the rest of the week. |
01:54:32.78 | Jonathan Leon | with all Mariners, |
01:54:34.21 | Jonathan Leon | They go out on the weekends. So make sure the required spaces of these four to seven don't encroach into that required spaces for the spinnaker and for. |
01:54:43.41 | Jonathan Leon | I'm sure this was done. I'm just adding belt and suspenders here. |
01:54:47.97 | Jonathan Leon | um, |
01:54:48.59 | Jonathan Leon | And you want to make sure |
01:54:51.58 | Jonathan Leon | Usually multi-use of spaces, if you require, remember your planning commission days, that's a special situation and you have to meet your other requirements in order to do that. |
01:55:03.44 | Jonathan Leon | So but anyway, good luck. |
01:55:07.34 | Mr. City Clerk | Thank you so much. Next person, next speaker is Sandra Bushmaker. |
01:55:12.98 | Sandra Bushmaker | Good evening. |
01:55:19.39 | Mayor Kamele | We can't hear you Ms. Bushmackie. Do you want to unmute yourself? |
01:55:22.93 | Sandra Bushmaker | Good evening, everybody. |
01:55:24.38 | Mayor Kamele | You know, go ahead. |
01:55:25.18 | Sandra Bushmaker | I thought I heard staff say that we get 25, the city gets 25% of the slip rent. |
01:55:25.19 | Mayor Kamele | Thank you. |
01:55:33.40 | Sandra Bushmaker | Now, I don't know of any rents less than $500, and there are 700 slips in that place. So that should be 25% of slip rent coming to the city under the lease. |
01:55:45.22 | Sandra Bushmaker | That's my question. |
01:55:47.06 | Sandra Bushmaker | Or is it 25% of that parking lot's revenue? |
01:55:52.55 | Sandra Bushmaker | There's a big, huge difference in those numbers. |
01:55:56.14 | Sandra Bushmaker | And if it's 25% of slip rent, |
01:55:59.45 | Sandra Bushmaker | We are giving away a huge amount of money. |
01:56:02.91 | Sandra Bushmaker | if that is in abeyance, |
01:56:05.36 | Sandra Bushmaker | with this new agreement. |
01:56:07.48 | Sandra Bushmaker | So I'm very confused on that. And I would like to have some clarification. |
01:56:13.25 | Sandra Bushmaker | on what the harbor is paying to us currently? Is it slip rent, 25% of slip rent? |
01:56:20.22 | Sandra Bushmaker | or 25% |
01:56:22.31 | Sandra Bushmaker | of parking lot fees. |
01:56:24.68 | Sandra Bushmaker | And I did notice that there was... |
01:56:27.33 | Sandra Bushmaker | The Maddens have posted |
01:56:29.54 | Sandra Bushmaker | an electronic ability with a QR code |
01:56:32.74 | Sandra Bushmaker | to pay rent. |
01:56:34.79 | Sandra Bushmaker | They obviously have something going on there. I happen to be a tenant in the lot in the harbor. |
01:56:40.78 | Sandra Bushmaker | And I don't know of anybody's rent. |
01:56:43.04 | Sandra Bushmaker | slip rent that is quite as low as what was mentioned during the questioning. |
01:56:48.08 | Sandra Bushmaker | I suspect they're all quite a bit higher. |
01:56:50.58 | Sandra Bushmaker | Thank you. |
01:56:54.34 | Mr. City Clerk | Thank you. |
01:56:54.36 | Unknown | I'm not sure. |
01:56:54.44 | Mr. City Clerk | Thank you. |
01:56:54.48 | Mayor Kamele | No further public speakers. We'll close public comment. Any discussion here in the dais? Yeah, Mary. |
01:56:58.87 | Unknown | Yeah, Mary, I'd like to lead off. |
01:57:03.12 | Unknown | Director Hess, can you maybe just clarify that? Because I know you answered my question about the slip fees and the parking fees, but I think it's worth just putting it back on the record. |
01:57:28.23 | Chad Hess | All right. So under the existing agreement with Sausalito Yacht Harbor, the city is entitled to 5% of parking revenues that they generate. |
01:57:37.75 | Chad Hess | They also are entitled to 25% of their yacht berths that are sold to the general public, and then they get 5% of all other revenues. That is reported to the city on a monthly basis, but there also is the reduction based upon the 2011 agreement where they... |
01:57:55.55 | Chad Hess | They basically prepaid rents in order for the city to reconstruct the bulkhead that protects that harbor. Based upon the last three months, the city has received $7,000 per month from Sausalito Yacht Harbor in terms of their rent. Again, that is being reduced by that prepayment of rent that took place in 2011. |
01:58:19.21 | Unknown | and we're not giving up the 25% |
01:58:20.98 | Chad Hess | We're not giving up 25% of the births. It's just the parking. And again, they are not really actively selling parking. |
01:58:23.95 | Unknown | Right. |
01:58:28.09 | Unknown | Great. Thank you. That's helpful. You're very welcome. |
01:58:29.33 | Chad Hess | You're very welcome. |
01:58:30.89 | Unknown | Uh, |
01:58:32.35 | Unknown | This is a really longstanding lease with some concerns that this council inherited. So by way of background, this has several amendments to it. And much of this is on state lands and governed by the State Lands Commission, including the bulkhead. And so if you went through and reviewed the history and found yourself confused, you would not be alone. And so it's been a long stor, history. But the Maddens have been partners and neighbors in South Florida for a long time. And so I appreciate members of this council who wanted to evaluate this opportunity. |
01:59:03.25 | Unknown | I present the background because in no way do I think that they're doing the city a favor. I think the city is finally getting a grasp on managing property that it owns. Now, notwithstanding former Mayor Leon's comments about who owns what, and I don't know exactly the underlying area, this is one of the properties listed on City of Sausalito's owned properties, right? And so we lease it out. This is us finally doing something to create efficiencies and more management and doing it in a way that very much benefits an underlying leaseholder who already has a very interesting leasehold, if you will. So where I actually find some concern in the conversation, and I thought this way, and I expressed it during the ferry conversations, is we talk about the big picture of |
01:59:50.33 | Unknown | but we never talk about the proximity to the water. This area is very likely to flood. It is very likely to come underwater. And we just keep talking about parking and plazas, and we don't talk about resilience and sustainability and sea level rise and what we're going to do about that. And so I'm just going to take the opportunity, since people use the phrase big picture, that's my big picture for this area, and I think it's going to require a lot of heavy lifting in the long run. Now, in the short term, I am primarily concerned with risk management. And that's because, as you know, we did have some insurance issues. It's been a big burden to our budget. And so we are undertaking a significant risk reduction path as a council. We're looking to hire a risk manager. And so one of the things that I brought up and we went through was what are the termination provisions for this? Is there a liability provision? And there is not. Both agree to hold each other harmless. You heard us articulated it's a year lease that can be ended within 60 days of that one year lease. But what we don't have and what I've asked my colleagues hopefully to include is an actual understanding of of what is there. How many birth spots? How many spots where we were taking 25%, whether or not it was enforced? How many total spots in the area? And so one of the things that I am going to request, and I've requested, is that there be an audit of that location. So as part of our risk management and part of our bedroom management of our actual property, we understand what it is we're leasing. We understand what we're not leasing. I also think that this is a project that's going to require significant re-understanding in six months when we look at our budget again, because we really don't know the value of the spots in this lot. We can't say it's the same as lot two or lot one. |
02:01:34.60 | Unknown | Reasonable minds can differ how we come to the spot value, but nonetheless, we just don't know. And it's been underreported and underenforced. So my lens for this is, is the city better managing its properties and us mitigating our risk to a large extent? So those are the things that I'll push for if my colleagues want to move this forward. |
02:01:54.80 | Mayor Kamele | Who wants to go next? |
02:01:58.16 | Mayor Kamele | That's whatever happened. |
02:02:00.31 | Councilmember Hoffman | Thank you, Mayor. I think it's, you know, I'm skeptical of this plan. I'm skeptical of, you know, the added $400 a month to be paid to the Madden since we're accepting all of the |
02:02:13.79 | Councilmember Hoffman | administrative costs were accepting all of the, um, |
02:02:17.60 | Councilmember Hoffman | management costs for the lot we may or may not get something from you know policing the yacht and writing citations who knows but i don't see that the benefit to us equals what we would receive if we had these or drove use of our currently existing lots so if you figure that we're going to get 100 of any parking in our current lot without the added overhead of the administrative costs of expanding into a new |
02:02:44.69 | Councilmember Hoffman | lot. We're driving use and we're driving people to use a new lot for which we receive 50% revenue as opposed to |
02:02:54.79 | Councilmember Hoffman | a lot next to it, which we receive 100% of the revenue. To me, that makes no sense. |
02:02:59.59 | Councilmember Hoffman | unless you can show that there actually is |
02:03:01.97 | Councilmember Hoffman | no capacity, which admittedly there is capacity. All of our revenue and all of our metrics indicate that there is capacity at the other lots. So I'm perplexed as to why we would drive new customers to a new lot when Chad Hess and our parking enforcement officer has confirmed that we have excess parking in our current lots two, three, and four. So this discussion discussion started i think when we were talking about the loss of revenue um for these spots um from the reconfiguration of parking lot uh one to accommodate some of the design aspects of the new ferry landing plaza which was at about if you'd say four thousand per spot um you know it's um about two hundred thousand dollars so the loss in revenue to the city at a time when we are in a fiscal deficit is approximately a hundred thousand dollars straight off the top and then you're also increasing administrative costs you're increasing uh |
02:04:02.89 | Councilmember Hoffman | Basically, you're building a revenue |
02:04:04.84 | Councilmember Hoffman | model for the Maddens that they could |
02:04:08.13 | Councilmember Hoffman | cancel next year and manage it themselves. |
02:04:10.87 | Councilmember Hoffman | And no one has talked about that today. So I'm generally, um, |
02:04:15.76 | Councilmember Hoffman | you know, not in favor of this plan unless we can show that there really isn't any capacity. |
02:04:20.57 | Councilmember Hoffman | and lots two, three, and four that we will receive maximum capacity. |
02:04:23.73 | Councilmember Hoffman | One of the other issues that we talked about was |
02:04:26.29 | Councilmember Hoffman | moving the bus parking off Humboldt and changing those parking lot those parking spaces into perpendicular |
02:04:33.09 | Councilmember Hoffman | city-owned spots for which we would receive 100% revenue. I haven't seen anything on that. And so I'm perplexed as to why we would go forward with this lot when we could get about 20 more spots off of Humboldt, all, again, 100% revenue to the city. |
02:04:49.63 | Mayor Kamele | Nice man. |
02:04:50.66 | Councilmember Hoffman | Thank you. |
02:04:50.68 | Karen Hollweg | Thank you. |
02:04:53.02 | Karen Hollweg | I think my answer to the concerns raised by Council Member Hoffman has to do with our downtown merchants. And so we heard from Gene Hiller that he lacks that lot one lacks at lot one and street parking lack. |
02:05:12.70 | Karen Hollweg | adequate parking for the downtown merchants. |
02:05:16.34 | Karen Hollweg | The Madden Lot. |
02:05:18.77 | Karen Hollweg | Having recently had to use a cane for a year while I was waiting for hip and knee surgery, I can tell you, |
02:05:25.07 | Karen Hollweg | that I used the Madden lot, used lot one, |
02:05:28.88 | Karen Hollweg | used handicap parking when I had business downtown and that lot four and lot three were really infeasible when I was physically challenged. And so I think that lot having additional, having 47 spots available in the Madden lot will really accommodate some of the complaints that we've heard from our downtown merchants all along that Bridgeway border. And so I believe that we are spreading the web of revenue for the, for the city by increasing the availability of convenient parking spots by entering into this lease. So, and as mentioned, no one is right now managing any of the lots, any of the spots in the Madden lot. None of those are right now available for public parking unless |
02:06:25.18 | Karen Hollweg | Arrangements are made directly with the Maddens. Now we're opening up 47 spots for public parking. And so we're going to go from projected revenues of $4,800 per year from parking to $1,800. |
02:06:42.57 | Karen Hollweg | 94,000, 90,000 net perhaps of revenue, and that doesn't include |
02:06:49.93 | Karen Hollweg | citations, I think that's just parking spots revenue and citations is on top of that. So I'm prepared to make a motion that we authorize the city manager to execute |
02:07:02.22 | Karen Hollweg | a side letter slash license agreement with Sausalito Yacht Harbor for use of 47 parking spaces in Bay Street parking lot for public parking. |
02:07:10.40 | Mayor Kamele | Second. |
02:07:13.15 | Unknown | Yeah. |
02:07:13.62 | Unknown | Wait. |
02:07:14.60 | Unknown | Thank you. |
02:07:14.89 | Unknown | Peace. |
02:07:15.34 | Unknown | The shared mic thing tonight is throwing me off a little bit. I apologize. One of our mics is broken up here if you haven't caught on to that. |
02:07:21.62 | Unknown | Uh, |
02:07:22.80 | Unknown | I find it interesting that there's objection to the idea of increasing parking when we've heard so much concern about there being enough parking downtown. I think this is a great opportunity not only to solve the problem that we've heard from a number of merchants, as Vice Mayor Cox pointed out, regarding access to available parking, but also to create new revenue opportunities for our downtown. So the fact that we're going to not only have more parking lots, but also be making revenue, parking spots, be making additional revenue from those parking spots, really is encouraging in terms of addressing our needs for the downtown, especially now that we have the Center for the Arts downtown, the Business Improvement District, and hopefully much more economic activity. So we'll continue to need more and more of these spots. So while I agree, we should be auditing it to make sure that the deal makes sense in the long term and that we're receiving as much revenue as expected and as we should be for the costs that are made to us. Because of course, if it's not net positive, then it's not a good deal. Based on the projections from our finance department and the long and hard work that's been done by the folks who are working with the madness to negotiate this agreement i think it makes sense for us to move forward at this stage and i look forward to hopefully seeing 94 000 of additional revenue in the city's coffers |
02:08:41.37 | Councilmember Hoffman | Mayor, I have another question based on the comments. |
02:08:45.12 | Mayor Kamele | The vice mayor had her hand up, then I saw... |
02:08:46.93 | Councilmember Hoffman | Okay. |
02:08:47.03 | Karen Hollweg | Oh, go ahead. Sorry. |
02:08:47.50 | Mayor Kamele | come and then I saw you. So we got three in a row in that order, if you don't mind. |
02:08:47.58 | Karen Hollweg | Thank you. |
02:08:48.07 | Councilmember Hoffman | Thank you. |
02:08:48.09 | Karen Hollweg | And then I saw |
02:08:51.43 | Karen Hollweg | Mayor, I forgot to include as part of my motion direction to staff that they return to us six months, perhaps as part of the mid-year budgeting process, with an audit that addresses some of the questions raised by Councilmember Kelman about how many spots are they devoting towards marinas, how many spots do remain available for other revenue generating potential? And what revenues are we realizing on the 47 spots under this agreement? |
02:09:26.24 | Unknown | Thank you, Vice Mayor, for being a mind reader. I also do want to amplify, in addition, Councilmember Hoffman's really |
02:09:33.69 | Unknown | Really excellent point, which is for not a max capacity, which is the argument that was made for losing the spots during the ferry conversation, |
02:09:42.76 | Unknown | Um, |
02:09:43.66 | Unknown | Are we pushing? |
02:09:45.50 | Unknown | people to park in an area where we get less than 100%. That's a really interesting point. And in the end of one year, the Maddens could decide they like it so much, they want to take 100% of it, and we don't do it at all, and maybe that takes away from our other parking spots. So, Vice Mayor, if you're open to sort of expanding the breadth of that audit, I think it should try to do a comparison to see for any different place if there is additional parking in the Yacht Harbor area. And does that impact a lot too? Because now I'm hearing both things, right? I'm hearing we have so much, we can lose them. And I'm hearing, no, we don't have enough, so let's replace them. And yes, when |
02:10:30.82 | Unknown | area that I requested a long time ago. So I would love to include that, because I think it's a really interesting point, and we haven't really run that to ground. |
02:10:38.13 | Karen Hollweg | So it's not part of my motion, which I have the motion that was in the packet. It's direction to staff that I'm hoping we will align upon. Okay, great. |
02:10:47.48 | Mayor Kamele | I think the direction of staff, of course, would have to be after there's enough data, |
02:10:51.72 | Mayor Kamele | to say anything about. So it seems like it should be, your six months should be at least after... |
02:10:55.77 | Karen Hollweg | Six months and or part of the mid-year budget, which is... |
02:10:58.47 | Mayor Kamele | I mean, if there's no parking data, like they haven't been after, it should be after the thing has been operational, right? |
02:11:00.41 | Karen Hollweg | Yeah. |
02:11:03.85 | Karen Hollweg | Agree. |
02:11:03.92 | Mayor Kamele | Thank you. |
02:11:04.61 | Mayor Kamele | Thank you. |
02:11:04.81 | Mayor Kamele | So six months after parking operations begin or something like that. |
02:11:09.32 | Karen Hollweg | fine with that. |
02:11:12.29 | Unknown | and mayor council. |
02:11:13.74 | Mayor Kamele | Yes. City attorney. |
02:11:13.75 | Unknown | Yes. |
02:11:15.80 | Unknown | There is a motion on the floor, if I may suggest the current agreement, because it's been brought back a second time. The draft in the packet says that it'll have an effective day in July. I would suggest that the motion approve an agreement with an effective date for the end of September or some later date the council selects. |
02:11:33.31 | Mayor Kamele | with that modification, |
02:11:34.73 | Karen Hollweg | I'm sorry. |
02:11:34.78 | Mayor Kamele | I'm sorry. |
02:11:34.83 | Karen Hollweg | I accept that modification as the seconder? Do you accept it? |
02:11:37.92 | Mayor Kamele | Yes, I do. |
02:11:38.98 | Mayor Kamele | Now, Council Member Hoffman, that's your public. |
02:11:39.86 | Karen Hollweg | Thank you. |
02:11:39.88 | Councilmember Hoffman | Thank you so much. Based on comments that were made by Vice Mayor Cox and Councilmember Blasting, |
02:11:45.26 | Mayor Kamele | Bye. |
02:11:47.54 | Councilmember Hoffman | You know, it's not, you know, if you're talking about parking and convenient parking spots, parking lot two is actually closer to Jean Hiller. |
02:11:56.41 | Councilmember Hoffman | parking lot three. |
02:11:57.83 | Councilmember Hoffman | is actually closer to certain other things that you would want to do in |
02:12:02.19 | Councilmember Hoffman | along Bridgeway. So, I don't agree that the Madden lot is more convenient. It's more convenient probably to |
02:12:07.79 | Councilmember Hoffman | Dumpy Park, or sorry to Gabrielson Park, but that's about it. And so, and I also take issue with you know, |
02:12:15.70 | Councilmember Hoffman | councilmember blau or blousey's comments that i'm against creating new parking uh what i'm against is losing revenue from parking because we are in a deficit budget |
02:12:25.68 | Councilmember Hoffman | And I look very closely at every, you know, every... |
02:12:30.27 | Councilmember Hoffman | every suggestion that we not take losses in revenue seriously up here at the council. So we just voted for a fair landing. We're going to lose approximately, however you want to slice it, $200,000 to $300,000 on parking. |
02:12:45.55 | Councilmember Hoffman | And now we're coming up with a plan to drive revenue |
02:12:50.13 | Councilmember Hoffman | towards |
02:12:50.95 | Councilmember Hoffman | a 50% loss when we have metrics that show that we don't have actual need |
02:12:56.34 | Councilmember Hoffman | and that we actually have excess |
02:12:58.55 | Councilmember Hoffman | in our lots. And I can't figure out why we would do that. |
02:13:02.26 | Councilmember Hoffman | including |
02:13:03.48 | Councilmember Hoffman | accepting additional administrative costs, all of the administrative costs for that, |
02:13:08.77 | Councilmember Hoffman | and also paying the Maddens an additional $400 a month. I mean, the deal points in this just really don't make sense. |
02:13:17.41 | Councilmember Hoffman | And finally, we haven't had any |
02:13:20.72 | Councilmember Hoffman | any information from staff or anybody about how many permits |
02:13:25.61 | Councilmember Hoffman | for parking are required for those 700 slips |
02:13:29.46 | Councilmember Hoffman | and Saso Yacht Harbor. I think that's probably a fundamental question that we need to have. If they only have 200 spots in their lot, that would seem to me to indicate that taking away another 47 spots and leaving them only 98 spots, they would be below their threshold of what's required |
02:13:48.13 | Councilmember Hoffman | for their permit holders. The other question is are the permit holders going to be able to park in our 47 spots and will they be required to pay a monthly fee? So I don't I there are questions in this You know in the way that this was presented with no financial analysis at all in the staff report And that we had to pull it off consent and have the financial You know conversation here after it's you know after we've already had a |
02:14:16.70 | Councilmember Hoffman | conversations about whether or not we're going to move forward on this, the fundamental question is, |
02:14:21.05 | Councilmember Hoffman | to me is |
02:14:22.30 | Councilmember Hoffman | What is the financial hit to the city on this? |
02:14:24.85 | Councilmember Hoffman | And does it make sense for us to go forward? If we can't |
02:14:28.24 | Councilmember Hoffman | make that hurdle the first hurdle we get over, then we're doing something wrong up here on the council. So I'm going to vote no on this, regrettably. |
02:14:38.40 | Mayor Kamele | Any other comments? |
02:14:40.68 | Mayor Kamele | If not, then we shall take a vote. All in favor say aye. |
02:14:46.19 | Karen Hollweg | I |
02:14:47.75 | Mayor Kamele | opposed? |
02:14:48.42 | Karen Hollweg | No. |
02:14:48.73 | Mayor Kamele | All right. Motion carries four to one. We will now move on to the next item. This is item 5A, discussion and direction and possible adoption of draft policy related to city leasing practices. |
02:15:05.09 | Mr. City Manager | Thank you, Mayor, members of the council, members of the public. |
02:15:07.91 | Mr. City Manager | Can you pull up my slideshow please? Yeah, thank you. |
02:15:12.89 | Mr. City Manager | Thank you. |
02:15:19.39 | Mr. City Manager | Just to kind of begin with a comment, Sausalito has |
02:15:27.65 | Mr. City Manager | significant property holdings that are |
02:15:33.01 | Mr. City Manager | very important to the city in terms of how they generate revenue. And in these property holdings, go to the second slide, Chad. There, please, there are 37 leases that are active right now. And in those 37 active leases, it's like a Rubik's Cube. You have leases that are nonprofits. You have leases that are for-profit, you have government leases, and then you have different dates for those leases, when they started, how they started, what councils approved them, how long they last. And so they're all available to the public now. We created a database of all the leases that the city has. So if the public's interested in a particular lease or all of them, they're welcome to peruse them. And again, they are a mixture of different things that different city councils have executed agreements on, much like the prior discussion. And so all of a sudden, you know, you have what I call a Rubik's Cube of uses. There are some uses that are good for the community in terms of history. There are leases that are good for the community in terms of education. There are leases that the community has that are part and parcel to cultural. There are leases that are educational and artistic. So all those leases are in the city's portfolio. And in those leases, there's a generation of about $2.364 million is what we project this year. |
02:17:07.88 | Mr. City Manager | And that's important because we use that money for city services. We use it to pay debt. We use it to provide improvements to city facilities. |
02:17:17.93 | Mr. City Manager | So in talking about the matrix of leases, there's an attachment in the packet that shows, you know, the different breakdown of the leases. And most of the leases are for nonprofits and for profits. We have two leases that are to government entities. Next slide, please. |
02:17:39.09 | Mr. City Manager | So bringing that forward to the city council this past February on the 20th, the council suggested that we need a policy on how leases are accepted, reviewed, adopted, and what they would consider. And so the council's direction of staff was to prepare a draft policy for city council consideration, which is what you have in your packet tonight. |
02:18:03.83 | Mr. City Manager | At that meeting, there was also a discussion about how we manage our properties. And, you know, we are in the midst of trying to give the council some options. We got permission to go out and look at property management. We did that. We got one proposal, which isn't enough for us to bring back to the council. So we'll bring that back, which was also part of the February 20th meeting meeting so at six months uh we are here this is it so we want to talk about some of the things that we heard and see if the clay that we've built and as the council decides to layer it based on their thoughts and the public's thought becomes a policy and this is not intended to be a finished policy, given the complexity of this Rubik Cube of leases. But I did hear some things at the last meeting on the 20th, and I want to kind of go through them. One of the things I heard was one size for every lease doesn't fit all. You can't have all leases and collect market on all of them, or you can't have a community-based lease with impact that's not monetary and just not a mix that we have that you have had and that you probably will have in the future. So being said that that imbalance between creating revenue or creating community benefit sometimes doesn't meet in the middle, let's talk about these individually. One of the things we heard is that we should maximize city revenue from for-profit leaseholders, that we should look to make the dollars that the property merits based on a for-profit use. When there are community benefits and certain nonprofits that provide or end leases with the city, there needs to be consideration to that. It's not all about the dollars. It can be a balancing act between what you want to charge and what you believe the impact outside of dollars is to the community. So that's why one size doesn't fit all. So balancing those |
02:20:09.33 | Mr. City Manager | or seemingly contradictory goals of maximizing revenue and, you know, creating community benefit. Sometimes it doesn't work that way. So this lease is intended to give you a starting point to see if that's the approach you want to take. If it isn't true fact that you want to have a scenario where your policy is that we're not going to make every lease, make maximum revenue. When we have a community benefit, we want to factor in some impact to the community that these other types of leases bring forward. The other thing that's really important and foremost is that the policy talks about risk management and how we make sure that the city isn't burdened with all the risk when these leases are signed. |
02:20:53.09 | Mr. City Manager | There was consideration and thought given to not stagnant revenue streams. The city has entered into some agreements where the revenue is fixed. I don't think that's an approach that you want to take. So each of these leases should have some type of consideration of an escalator. There shouldn't be flat rates for years. So that's a consideration that I heard at that meeting. And then also, you know, the database was a start, but more transparency to the public was raised as a really important thing to have considered in a potential policy. And also that the people that are involved in agreeing to the leases start to have some kind of plan, that there be some type of approach to, you know, how the future is going to look in terms of the lease construction. you know, if there's a business plan. That there be some type of approach to how the future is going to look in terms of the lease construction, if there's a business plan, if there's a facilities plan, there's a service plan. All those things are part and parcel to what this policy speaks to. |
02:21:52.94 | Mr. City Manager | in the draft policy there's also it's attached there's also you know some things that we believe that the leaseholder should be required to do these include |
02:22:06.95 | Mr. City Manager | that they need to not discriminate with their services and facilities. That they need to adhere to federal state laws that are part and parcel of things like the American with Disabilities Act. |
02:22:21.80 | Mr. City Manager | If there are non-profit, then proof of that should be required. They obviously have to maintain an active business license. We expect them to pay promptly and accurately their rent. In some cases, they assume responsibility for utility expenses and repair and maintenance of the property. |
02:22:41.21 | Mr. City Manager | They obviously have to comply and conform with all city land use, planning and zoning laws. |
02:22:48.70 | Mr. City Manager | They should not undertake activities that negatively impact the quality of life of neighbors in the community. We have them in writing to submit to maintenance inspections by the city. And if there are conditions that are not right, that they should report them in a timely matter to the city or its person that manages the property. They can't sublease without prior approval by the city council or in the agreement. A lot of leases have older and you know, the idea that we would. |
02:23:22.20 | Mr. City Manager | enter into a loose agreement and require the group to say you're accepting this as is, unless otherwise you know negotiated. |
02:23:30.97 | Mr. City Manager | that there be responsibility for all taxes and fees, that there be any alteration and improvement of the facility, that type of work needs to be submitted and approved by the city, and that they maintain adequate insurance and they provide a security deposit. Those are some of the things that we believe should be part of the landlord responsibility. And the city on its end will, you know, honor the lease terms. We'll provide the terms, format, and document. We will ensure, you know, that we give everybody a full and accurate description of their property in the lease. And then what we'd like to do is make sure that there is, you know, a review process for tenants in good standing. If they decide they want to make a request to the city council to adjust the lease, you know, we have a process in place for that as well. So that's the nuts and bolts of this Rubik's Cube of draft policy. Again, you know, my thought is you would not approve a policy tonight. We would take more input from you and see if we're on the right track. If we are, then we can bring something back fairly quickly. If we're not, you know, it's a work in progress. |
02:24:51.11 | Mayor Kamele | Thank you, city manager. |
02:24:51.99 | Mr. City Manager | Are there any questions to Beissmer? |
02:24:54.74 | Karen Hollweg | Thank you. |
02:25:01.17 | Karen Hollweg | City Manager, I thank you for the tables that you attached to this draft policy as well. Very informational. Several of the tables reflect that we have 14 nonprofit leases currently. |
02:25:14.79 | Karen Hollweg | I'm |
02:25:16.27 | Karen Hollweg | One distinction that was not called out either in the draft policy or in the tables is the type of lease and under the lease who is responsible for capital improvements. |
02:25:28.66 | Karen Hollweg | And so I know that we have very few leases |
02:25:34.51 | Karen Hollweg | in which they are triple net, in which the tenant is responsible for capital improvements. |
02:25:40.86 | Karen Hollweg | of the various municipalities I represent. They have policies such as you proposed that... |
02:25:52.89 | Karen Hollweg | that they have to get permission for |
02:25:58.22 | Karen Hollweg | for making any changes. |
02:26:00.84 | Karen Hollweg | to the property from the city but i would be interested to know |
02:26:05.01 | Karen Hollweg | of our nonprofit leases, how many are triple net where |
02:26:09.12 | Karen Hollweg | The tenant is responsible for any |
02:26:12.62 | Karen Hollweg | repairs required by the building. For example, I think you told us earlier this year that the city had performed major repairs to the Jean Hiller building, is that right? |
02:26:24.02 | Mr. City Manager | That's correct. |
02:26:24.35 | Karen Hollweg | Thank you. |
02:26:24.67 | Karen Hollweg | And so that lease obviously is not a triple net. Under that lease, the city is responsible for capital repairs or improvements. Yep. |
02:26:32.80 | Mr. City Manager | Yep, and that's why it's a Rubik's Cube. Some are, or most of them are that way. I can think of one off the top of my head that's a triple net lease, and that's the lease you're going to discuss as the next item with SCA. |
02:26:42.92 | Karen Hollweg | Okay. And so I would like, and so would you be open to adding, |
02:26:49.64 | Karen Hollweg | Um, |
02:26:50.81 | Karen Hollweg | to this policy |
02:26:53.22 | Karen Hollweg | something about who's responsible for capital improvements typically. |
02:26:57.73 | Karen Hollweg | Another question I had is enforcement. So I'm aware of some of our tenants who are behind on their rent and so |
02:27:07.28 | Karen Hollweg | Did you have something in mind for enforcement of, you know, when, how late do we let them get before we default them? |
02:27:15.73 | Mr. City Manager | Yeah, and that's my, that bullet about a tenant in good standing. If a tenant's in good standing and they fall behind, you know, what is good standing? We need to define that. If they are not in good standing by habitually being late for payments or underpaying or other things, then we'd want to note that, and then that could be a factor in a renewal or an extension. Yeah. |
02:27:37.52 | Karen Hollweg | And that brings me to my next question, which has to do with financial wherewithal. And so do you envision a process for evaluating |
02:27:45.78 | Karen Hollweg | an agency's financial wherewithal either |
02:27:49.41 | Karen Hollweg | as part of the initial negotiation process and or part of the renewal process. |
02:27:56.21 | Mr. City Manager | Yeah. |
02:27:57.09 | Mr. City Manager | Should be both. Should be both. |
02:27:59.77 | Karen Hollweg | And then part and parcel with that is audit rights. And so do you envision us asking or reserving to ourselves the ability to ask for... |
02:28:12.14 | Karen Hollweg | documentation of |
02:28:13.97 | Karen Hollweg | Rents collected, subleases, and other information necessary to the city's evaluation of each tenant's financial wherewithal. |
02:28:26.05 | Mr. City Manager | And that would be advisable. |
02:28:27.94 | Karen Hollweg | And then I really appreciated what you said about not one size fits all. You have over 30 years of experience as a city manager. What do you envision in terms of an appropriate policy |
02:28:43.13 | Karen Hollweg | to distinguish between for-profit, non-profit, |
02:28:47.43 | Karen Hollweg | and or |
02:28:48.91 | Karen Hollweg | community benefit, non-community benefit. |
02:28:55.06 | Mr. City Manager | Let's see. Let me see if I can understand that. Let me put you on the spot. I don't think 30 years of experience does me any good in Sausalito. |
02:28:56.95 | Karen Hollweg | Let me put you on the spot. |
02:29:08.49 | Mr. City Manager | And that's, that's city manager experience, not government experience. So, uh, I really believe that, um, that's why it's a Rubik's cube because if one size doesn't fit all, if you're not going to be governed by, we're getting top dollar on all of our properties, then what is the approach that you believe makes sense to this community at this time? And what you've done as a matter of past practices, you've valued education, education, |
02:29:35.15 | Mr. City Manager | You valued history. |
02:29:37.11 | Mr. City Manager | you valued literacy, you valued art. |
02:29:41.12 | Mr. City Manager | culture. And some of your leases reflect that. If you want to continue to do that, I think you need to make that as a statement in a lease policy. And then that can be brought forward as a factor in what it is that's ultimately negotiated. Because some people that I was told that are not for profit make a profit. So you have to factor in their financial wherewithal as well. At the same time, I, I, you know, I've heard that, you know, there is really a, um, a opportunity with the city to really impact the community in ways that aren't all dollars, you know, what I call return on involvement, whether it's a property on the water properties that you have at city hall, uh, properties that you use to educate. Um know, all those things are, you know, why I couldn't give you a good lease and say, you know, you guys should just make this about money. Everything should be market rate, no matter who it is, a not-for-profit or for-profit, it just should be market. You obviously have never done that. And I know a lot of cities that haven't done that. And some of the leases, and one of the leases this was pulled from was the city of San Diego as a model. You know, there's some conversation about community impact and community benefit. And that should be defined as a desire of the council so that when we do look at future leases to bring them forward, if that's not there, then it's pretty simple to say it's money. If there is a community impact, then that's a challenge to measure, but you want to consider it. So I give you a long answer to tell you I don't have an answer to your question. |
02:31:16.81 | Karen Hollweg | I will note on, and again, thank you for this lease revenue chart. It shows that the highest monthly revenue we receive |
02:31:25.89 | Karen Hollweg | is from a nonprofit, Lycée Francais, which also happens to be educational. |
02:31:30.71 | Unknown | of. |
02:31:30.73 | Karen Hollweg | Thank you. |
02:31:30.83 | Karen Hollweg | Thank you. |
02:31:30.88 | Karen Hollweg | Um, and that's $64,000 a month. The profit, the for profit total monthly revenue is $74,000 a month on our leases. And so I, I really, um, |
02:31:47.91 | Karen Hollweg | I am really wondering |
02:31:50.27 | Karen Hollweg | how to reconcile our |
02:31:54.77 | Karen Hollweg | competing |
02:31:58.13 | Karen Hollweg | interests in encouraging |
02:32:00.93 | Karen Hollweg | Um, |
02:32:02.03 | Karen Hollweg | City serving |
02:32:04.21 | Karen Hollweg | businesses, |
02:32:07.43 | Karen Hollweg | while maintaining financial feasibility. So thank you for these tools. |
02:32:15.35 | Karen Hollweg | the |
02:32:15.50 | Unknown | Thank you. |
02:32:18.37 | Karen Hollweg | Please. |
02:32:18.70 | Jonathan Leon | Thank you. |
02:32:21.34 | Unknown | Just on that point, one of the things that I recall we had wanted to give direction on, and I appreciate the tables as well, and I think it's quite telling that we actually receive more revenue from not-for-profit organizations than for-profit organizations, so we might want to look deeper. But I was pretty shocked to see that we have 37 active leases and we make $2.364 million from those 37 leases, I would love to find 37 things I could rent in Sausalito in that total that would be, I mean, I just, given the cost of my unit that I rent to live in, it's kind of shocking to me. So I know one of the things that we gave direction on |
02:32:59.63 | Unknown | initially was |
02:33:02.26 | Unknown | finding out where we want to offer market rate or how we define market rate and what that looks like. So have we talked with Cushman Wakefield about what a type of determination or property assessment would be? It doesn't mean we're necessarily going to charge that much, but I'd just like to understand because some of these leases are very old and much before our time. But can we work that in, a market assessment for all of the properties that we own? Because I still have yet to see that. |
02:33:32.04 | Mr. City Manager | Yeah, that could be a component of a process on a go-forward basis, that every lease that we bring forward be looked at for market value by some esteemed group, whether it's Cushman-Wakefield or someone else. But you haven't done that. You haven't done that, and that's why you have a Rubik's Cube. So you did it with Lice Fran Francais, you did it with the New Village School, and we did that with the help of Cushman Wakefield. And so I think that's a good practice to implement across the board. |
02:34:04.31 | Unknown | And I'm wondering also when we consider nonprofits, if we might break them into categories like directly community serving, because some of the nonprofits are very much for Sausalito residents that you see on the list, |
02:34:17.42 | Unknown | And some of them are like, for instance, an educational institution, which while beneficial to us, given the amount of rent we receive and also lovely to have an educational institution in our community, does that, does that warrant the same rent? And how do we make those decisions? Because again, as you mentioned, it's a, it's a Rubik's cube. And I was wondering in your experience as a city manager, if you had seen any other communities that might've had some sort of system for that type of programming for community serving nonprofits that would have a different rent type, that kind of thing. |
02:34:46.83 | Mr. City Manager | No, every city usually has properties that they lease and the leases of the moment. When that moment hits and the information comes to that particular city council and administration, they make a decision based on that time and place. And so what you inherit in every city that I've been in, I've been in eight of them, is a mishmash of leases where some make all the sense in the world. Others make no sense. I'll give you an example. In San Leandro, been in eight of them, is a mishmash of leases where some make all the sense in the world, others make no sense. I'll give you an example. In San Leandro, they leased a parking lot for half a million dollars a year. |
02:35:22.52 | Mr. City Manager | They paid for a parking lot for half a million dollars a year. And when I asked the city manager why they did that, he said, because we out that parking lot, we couldn't have a movie theater and we needed a movie theater in our community. It was a priority for our city. So we bit the bullet and we made a deal that maybe wasn't advisable, but that's why it happened. That's a common occurrence in cities where people make deals. One was referenced earlier in the other item about the Yacht Harbor Agreement. You know, why did the city, you know, set up this rebate program with the Salas Yacht Harbor for bulkhead repairs? I wasn't here when that happened, but the city did that for a reason. I don't know if there was a financial pinch or if there was some other factors that I'm aware of, but you inherit all of that stuff. So trying to start on a go forward basis, that's why I thought it was important to put the start dates of the lease because you may have, you know, two or three opportunities every year or every three years or every five years to redo leases. It won't happen every year, all 37 of them because they're all on different schedules. |
02:36:23.93 | Unknown | I didn't see a specific recommendation in the policy to have an elevator on all of the leases annually. Is that something that you would recommend? Absolutely. Escalator, sorry. Something that goes... |
02:36:31.63 | Mr. City Manager | Absolutely. |
02:36:33.36 | Mr. City Manager | Yeah. |
02:36:35.29 | Unknown | Thank you. |
02:36:35.32 | Mr. City Manager | Thank you. |
02:36:35.34 | Unknown | Thank you. |
02:36:35.36 | Unknown | the |
02:36:35.44 | Unknown | you |
02:36:35.47 | Mr. City Manager | Thank you. |
02:36:35.73 | Unknown | Yeah, absolutely. |
02:36:35.84 | Mr. City Manager | Yeah, absolutely. |
02:36:36.50 | Unknown | Thank you. |
02:36:36.55 | Unknown | the |
02:36:36.91 | Unknown | Okay. |
02:36:37.19 | Unknown | Thank you. |
02:36:40.76 | Unknown | comment before we already want to do more. |
02:36:43.86 | Unknown | Oh, okay. |
02:36:44.98 | Mayor Kamele | Yes. So with any more questions, did you want to finish questions before public? I have a bunch of comments, but I was waiting. Comments, but not questions. Any other questions for city manager? |
02:36:55.07 | Mayor Kamele | before we then we'll move to public comment when we come back and then we'll take discussion. |
02:36:59.32 | Councilmember Hoffman | I have one. |
02:36:59.81 | Mayor Kamele | Question. |
02:37:00.21 | Councilmember Hoffman | Yeah, I had one follow-up question, or actually a question based on what was presented in the staff report and the attachments. And thank you for the attachment three, which is a full property listing with a breakdown. And I can see us going through this and looking at what appears to be a |
02:37:19.69 | Councilmember Hoffman | nonprofit leases. And first of all, let me just say that I know several people that go to school at both the Lyce and the New Village School. So I believe that those schools are actually residents serving in a benefit to our community. |
02:37:31.33 | Councilmember Hoffman | town. |
02:37:32.41 | Councilmember Hoffman | also delighted to see that their rents are |
02:37:35.33 | Councilmember Hoffman | close to market. |
02:37:37.29 | Councilmember Hoffman | Good on us on that one. |
02:37:38.84 | Councilmember Hoffman | Um, |
02:37:40.07 | Councilmember Hoffman | So, my question though is, is there a breakdown |
02:37:45.73 | Councilmember Hoffman | in the idiosyncrasies of which each of these leases that we have and i mean if we're talking about some sort of policy difference between non-profit |
02:37:54.45 | Councilmember Hoffman | and profit |
02:37:55.41 | Councilmember Hoffman | understanding that even non-profits hope to one day make enough profit so they can pay their staff and pay you know pay their directors in actual |
02:38:04.79 | Councilmember Hoffman | salary. |
02:38:05.70 | Councilmember Hoffman | but which is certainly true with new village and the lycee um |
02:38:10.61 | Councilmember Hoffman | I'm wondering, do we have any sort of breakdown of, you know, what these people are renting? Right. So, I mean, there's a couple on here that are, you see the name of the entity, but you don't really understand what they're renting. So the rents look quite low, but they're really only, you know... |
02:38:27.52 | Councilmember Hoffman | renting a postage stamp over which they go to get to their business or their |
02:38:32.03 | Councilmember Hoffman | you know they have they own their own building but they don't have you know it's supposed yeah it's a very small lot and it's not really rentable to anybody else is there any sort of a breakdown of that it |
02:38:42.19 | Mr. City Manager | Yeah, not official. I thought the last go around, we provided maps of all the city-owned properties so you could see the square footages of the properties involved. But we can resuscitate that and show you exactly as another table on this listing of properties along with the rent and the end date and the type of lease. So, yeah, that's doable. |
02:39:02.17 | Councilmember Hoffman | That might be a good thing when we talk about, if we do a market rate analysis for our leases. Okay, thank you. I think that's all I had. |
02:39:14.01 | Mayor Kamele | So, |
02:39:15.09 | Mayor Kamele | Two minute break, three minute bio break. Five, so come back at 10 o'clock. We're using 10 o'clock sharp. |
02:39:17.73 | Councilmember Hoffman | No. |
02:39:24.53 | Mayor Kamele | Thank you. Please have it quiet here. Thank you. Can we please stop the chatter in the room? |
02:39:31.57 | Mayor Kamele | Thank you. |
02:39:34.05 | Mayor Kamele | Okay, now we're gonna move to public comment on this item. |
02:39:38.13 | Mayor Kamele | Any public comment? |
02:39:38.18 | Mr. City Clerk | Okay. |
02:39:38.60 | Mr. City Clerk | probably. |
02:39:38.67 | Tom Anderson | Thank you. |
02:39:39.16 | Mr. City Clerk | Yes, we'll start off with Peter Van Meter and then Babette McGoogle. |
02:39:50.62 | Peter Van Meter | Thank you. I'll preface my remarks by reminding you that I am a commercial real estate professional for over 20 years. I think these was a good start on giving you the information about the city property. And the city manager did finally mention at the end that you, in fact, do have the square footage of occupancy of buildings. And perhaps I suppose you have the acreage of land that is under a ground lease and so you can actually include that information so you have an effect what be a complete rent roll as a whether it's a gross or net lease like Councilmember Cox brought up you'd have the space square footage the land area |
02:40:33.83 | Peter Van Meter | Bakerage and so on. And then you compare that in the future with fair market rents. |
02:40:38.00 | Peter Van Meter | for those particular facilities, and those particular terms and conditions. I did notice in the list of leases that 18 leases have expired. |
02:40:46.81 | Peter Van Meter | And that's like half of the leases that you have. So, |
02:40:49.73 | Peter Van Meter | Obviously the whole question about managing these properties becomes essential. You need something. There appears to be something kind of, uh, wrong there. |
02:40:58.45 | Peter Van Meter | But the one part of the policy that I was a little bit disappointed in, and of course has been touched on in the presentation, how difficult it is, but kind of the methodology you would use for comparing |
02:41:09.27 | Peter Van Meter | fair market rent for a profit versus rent rates and community benefit for a nonprofit. In other words, what thought process will you go through in order to kind of make that evaluation? How will you judge? |
02:41:23.02 | Peter Van Meter | the community benefit of the nonprofit, |
02:41:26.50 | Peter Van Meter | to |
02:41:27.93 | Peter Van Meter | a profit for profit entity. |
02:41:29.94 | Peter Van Meter | And I think that kind of guidelines is what I was really looking for in this policy. The other terms that are outlined in the policy that were given in your presentation, I think from a real estate professional point of view, those make sense. But I would actually try to have come to you in one form, what I would call a commercial rent roll. |
02:41:47.51 | Peter Van Meter | It shows the tenant name. |
02:41:49.52 | Peter Van Meter | shows their space, what their rent is in a per square foot basis. |
02:41:56.17 | Mr. City Clerk | Thanks, Babette Muntugo. |
02:42:09.19 | Bep McDougall | It's hard to believe everybody's taller than me. Gosh. So thank you very much for acknowledging me. First of all, I'd like to just say that I'm pleased to see this initial draft. It's far more empirical and far more driven by a thought of ethics than I expected it, based on our early conversations. So I was pleased to see this |
02:42:32.55 | Bep McDougall | very |
02:42:33.98 | Bep McDougall | by the book data. |
02:42:35.65 | Bep McDougall | I want to just say one thing. I thought it was a very fascinating insight. I thought the city manager's presentation was fascinating. |
02:42:42.25 | Bep McDougall | particularly interesting. |
02:42:43.87 | Bep McDougall | I'll call it generally the Rubik's Cube discussion because it does point to some qualitative choices that have to be made. And that's where I think it can get really sticky for any negotiation, the qualitative choices, especially if people don't agree on what equals quality. |
02:43:02.96 | Bep McDougall | So in one of the |
02:43:04.58 | Bep McDougall | minutes items on this punch list of considerations on the policy. |
02:43:09.69 | Bep McDougall | has to do with that there is a, and I didn't bring it with me, but I remember writing |
02:43:15.21 | Bep McDougall | So that it doesn't deflect from the quality of life for the residents. |
02:43:21.10 | Bep McDougall | I thought that was a good thing to consider. |
02:43:24.59 | Bep McDougall | What I was surprised that we didn't see was that whomever |
02:43:29.22 | Bep McDougall | We're going to rent a city owned |
02:43:32.08 | Bep McDougall | or city run. |
02:43:33.55 | Bep McDougall | in the case of, say, the men's, |
02:43:35.53 | Bep McDougall | downtown. |
02:43:38.06 | Bep McDougall | I think there has to be also a very good reflection on the city itself and the values of the city and what we stand for. |
02:43:44.66 | Bep McDougall | And so if we're renting to an entity that ends up embarrassing us, either because they're consistently in the red and they become the laughing stock and make us the laughing stock, |
02:43:54.33 | Bep McDougall | and we don't take seriously our own fiduciary responsibility toward this city. |
02:44:00.16 | Bep McDougall | then I think we've got a problem. So whatever we think of, we need to make sure that it reflects as well on the city as it does the residents who live in the city. Thank you. |
02:44:10.48 | Mr. City Clerk | Thank you. Next speaker, Stephen Woodside. |
02:44:20.21 | Stephen Woodside | Mayor Sobieski, and may it please the council, I really appreciated in February your desire to open this up so that we could take a comprehensive look. That is we, the public, you, and the city manager, and I compliment everybody. |
02:44:34.20 | Stephen Woodside | the city manager for covering a lot of the bases that I think you're interested in and we are interested in. I think in the interest of transparency, you ought to very much look at the process by which you enter into these lease negotiations, particularly with nonprofits and not for profits. And the reason I say that, |
02:44:55.83 | Stephen Woodside | is that your standard procedure, which is correct under the Brown Act, is that you would list a location of property, you would go into negotiations, and you'd thrash it out there in closed session. That's the way you're going to negotiate. But leading up to it, if the prospective tenant was to present to the city manager a proposal that indicated the interest, particularly for a nonprofit or not for profit, what their mission is, what their tax status is, their tax exempt, what are their audited financials look like, how much can they afford, all of that. And then for them to tell you what they think the benefit is to the community in quantifiable terms, if possible. I think if they they were given that opportunity then when you went into closed session with the advice of the city manager you could start evaluating that for yourself based on what you see from their presentation I think that would help a lot in both |
02:45:56.40 | Stephen Woodside | transparency and otherwise making the whole process more equitable going forward. In the scintillating hour that you talked about the Madden property, |
02:46:10.02 | Stephen Woodside | I redrafted a proposal, if I can call it up right now, |
02:46:16.94 | Spare | You only have four. |
02:46:17.58 | Mayor Kamele | I'm going to press send as soon as I can call it up. And hopefully you'll take into consideration. Thank you. |
02:46:17.58 | Stephen Woodside | I'm going to press send as soon as I can call it up. And hopefully you'll take into consideration. Thank you. |
02:46:17.93 | Spare | Thank you. |
02:46:17.95 | Mr. City Clerk | Thank you. |
02:46:23.09 | Mr. City Clerk | Thank you. |
02:46:24.23 | Mr. City Clerk | Thank you, Susan Kendall, followed by Hank Baker. |
02:46:37.32 | Unknown | Thank you. |
02:46:37.34 | Susan Kendall | I'm not. |
02:46:37.47 | Unknown | Mm-hmm. |
02:46:37.59 | Susan Kendall | Thank you. |
02:46:37.88 | Susan Kendall | I'm Susan Kendall. I live in Hurricane Gulch. I've been in Sausalito about 12 years, but raised my whole life across the water in Sausalito and happily moved to Sausalito, in Strawberry, happily moved to Sausalito. |
02:46:48.76 | Susan Kendall | I just want to speak up for one of the nonprofits. We're the Sausalito Cruising Club. Most of you know us. We may not have been the best tenants in the past, but there's been substantial change. We've gone from about 500 members to over 1,200 members now. |
02:47:05.28 | Susan Kendall | I did a quick analysis today. |
02:47:07.58 | Susan Kendall | 40 to 50% of them are actually Sausalito residents, which is way up from the 33% we used to be. |
02:47:14.72 | Susan Kendall | That probably makes us maybe the largest organization, one of the largest membership organizations in Sausalito. And what's really important as you begin to define |
02:47:25.40 | Susan Kendall | What kind of nonprofits do you want? Is the, |
02:47:28.40 | Susan Kendall | Cruising Club is really a community of people who have chosen to get together |
02:47:32.62 | Susan Kendall | become friends, and in fact, |
02:47:35.05 | Susan Kendall | We sponsor pretty much every one of the Sausalito public events and have won the 4th of July parade three years in a row for best float. |
02:47:44.23 | Susan Kendall | So thinking about |
02:47:46.29 | Susan Kendall | you know, what our community is and it's the arts and it is the tourists and everything, but |
02:47:52.55 | Susan Kendall | our clubs and our membership organizations where people come together and spend their time together |
02:47:57.97 | Susan Kendall | are equally important in, |
02:47:59.72 | Susan Kendall | We've been here 70 years, and I guess you've been our... |
02:48:04.04 | Susan Kendall | landlords for almost 70 years and would like to, uh, |
02:48:07.77 | Susan Kendall | keep it going, and are doing substantial renovations to the barge, because I don't think |
02:48:13.07 | Susan Kendall | You have anything to do with maintaining our giant old barge. We do it all ourselves and fundraise for that. So just wanted to speak up for it. Thanks. |
02:48:24.83 | Unknown | Thank you. |
02:48:24.85 | Mr. City Clerk | Thank you. |
02:48:24.90 | Unknown | Thank you. |
02:48:24.97 | Mr. City Clerk | Thank you. |
02:48:26.45 | Hank Baker | Four quick things. One, the things that the city manager brought up are standard elements in almost any commercial lease. There are many, many private industries, private companies that are leasing commercial buildings all the time. And there are things that are done in those leases all the time. You don't need to develop a new lease. |
02:48:48.19 | Hank Baker | We've been thrashing around about this question now for a while. Just like you don't take the cheapest attorney, here you get the most qualified. You don't hire the least expensive controller, you get the one that's the most qualified. |
02:49:05.13 | Hank Baker | There are wonderful brokers here in town that know this city really, really well. |
02:49:09.64 | Hank Baker | Yeah, they're going to charge a little bit more money. They're probably going to get you more money, but they're going to come to you with a completely digested proposal that you can take a look at rather than you guys have a lot of other things to do other than become commercial brokers. |
02:49:28.05 | Hank Baker | Hire the commercial brokers, pay them what they're worth, and you're going to get the value. |
02:49:32.85 | Hank Baker | And a number of the companies I work for, this is regarding nonprofits, basically the basic lease is the market rate for the nonprofit. And the discussion at the city council level is what type of donation is the city going to give them that will reduce that lease down to something less. And so all of a sudden the thing that you're looking at is not casting about subjectively with what are you going to charge all these different folks, but you're going to say, okay, the city is going to donate $5,000 to this group because we think it's a great idea. We're going to give $2,000 to this group. And it's very, very clear about what you're doing. |
02:50:13.67 | Hank Baker | the final thing is that you have a bunch of excess properties that we're not talking about lease that are just sitting around doing nothing |
02:50:19.87 | Hank Baker | put together a proposal for those |
02:50:22.48 | Hank Baker | Approve them for what you want and go out to the marketplace and sell them. Get rid of get rid of them. |
02:50:29.50 | Mr. City Clerk | Lorna Newlin |
02:50:38.18 | Lorna Newlin | Hello, my name is Lorna Newland. Hello, City Council, City Manager. I saw you all last week during the Sister City delegation. |
02:50:45.75 | Lorna Newlin | I am a 30-year resident, homeowner in Sausalito, 22 years of a small business owner, and it might sound like a nonprofit. It's not easy to have an art business in town, but I have survived for 22 years, even through the COVID years. The last 19 years, I have rented at the old MLK school, the bus barn. And I will say in my first 15 years there, I probably had 12 different property managers. Since COVID, and some of them were |
02:51:19.32 | Lorna Newlin | interim from HR or park and rec or a contractor who had an accident. And we really haven't had a property manager for four years. |
02:51:29.50 | Lorna Newlin | Um, I, |
02:51:31.33 | Lorna Newlin | came tonight because I was going to speak about the SCA, which I still can, but I wanted to talk about, this is about our rents and they're all in there. And I will say there's some inaccuracies in there. I'm seeing people or entities that are listed as nonprofits, and I don't believe they are, |
02:51:48.23 | Lorna Newlin | I know City Council had questions about |
02:51:52.82 | Lorna Newlin | Why are the nonprofits, you know, you're not looking right now at square footage. Some of us who are artists have like a postage stamp versus the Lise, which is a very huge entity. And one of the things I'm very worried about as a renter, and I would love I could go on with more, and I'd love to talk to city staff about inaccuracies in there. But I learned on next door, not from the city, that there's perhaps 181 unit building that's going to be right on top of the Basque Barn. |
02:52:22.89 | Lorna Newlin | And I... |
02:52:24.46 | Lorna Newlin | The working waterfront is putting a kibosh on the Marin ship, but we have a working |
02:52:30.18 | Lorna Newlin | I've been there 19 years. There are tenants there who've been there over 30. And I've taught adults. I've taught children. And I have donated to every nonprofit in town. Thank you. |
02:52:40.71 | Mayor Kamele | Thank you. |
02:52:40.83 | Mayor Kamele | Thank you. |
02:52:42.95 | Mayor Kamele | Anyone else? No further public speakers. All right, we'll close the public comment. Any discussion here from the Diocese? Councilmember Cohen. |
02:52:49.15 | Unknown | Great, thank you. I was a big fan of this coming, so thank you for putting on the agenda. Some suggestions, city manager for the grid. I and Lorna just mentioned this. I think the grid needs to be updated to show total square footage of city-owned land overall, and then the revenue per square footage so we understand |
02:53:10.78 | Unknown | the postage stamp may be paying way more than another larger property. And so, yes, the lease A brings in a lot of money, but it is a very, very large lease. So let's make sure we understand it. I also think that this policy needs an element of risk management review. |
02:53:26.74 | Unknown | And that's everything from our own policy for maintenance and reviewing the lease terms and reviewing |
02:53:33.68 | Unknown | whether or not we're actually collecting the rent. So I think this needs to undergo that aspect as well. And so then on the topic of city responsibility, I think the city needs to have regular audits. This was mentioned, a leasing agent for best practices and consistent lease termination terms. So we can't see a lease that's a 50-year lease and then one that's a one-year lease, unless there's some reasonable assessment as to why it is along those lines. So that someone knows, yeah, I can rent from the city of Sausalito and this is normally what I'm going to get. It's going to be a five-year term. It's going to be, on average, this square footage. |
02:54:11.51 | Unknown | What is wholly missing, though, from this exercise and what I think this group needs to have a strategic session on is the methodology. What are the objective standards for review and decision making? So a for-profit, that seems a little bit easier. Does it align with our value? Sure. That was a comment made. But also a regular review cadence for rent income. Are our for-profit lessees paying their rent? Are they paying it on time? And if they're not paying it on time, what is the outcome? On the non-profit, I think there needs to be some work to figure out how it aligns with a previously stated goal or purpose made by resolution by the council. So it's very easy for us to walk in here and say, we in art, we believe in history, we believe in education. MLK actually has in the ordinance 1128 that it could only be used for certain uses. That was a resolution that was made, put in writing, it was codified. We don't have that on other properties. And so therefore we engage engage in some off the cuff dais assessment of what the community needs. And I think we need some rigor around that. And if we do figure out what that is, and whether it's art history and education or other things, I think it has to have a very open RFP to say, |
02:55:07.72 | Unknown | THE FAMILY. |
02:55:29.31 | Unknown | We believe that property should be |
02:55:32.04 | Unknown | an art or that should be history. And now we're going to do a recall, an RFP for historical entities to take that on or for education to take that on. We have to have some guidance around that. I think it is important that the nonprofit have an ability to perform. I did a quick search. There's over 300 nonprofits registered in Sausalito. What if every nonprofit said, come and give me a subsidy, we don't have a policy for figuring out how to handle that. And then I think a regular review of the benefit to the community. We have some leases with nonprofits where there's some revenue share, but if the activity that leads to the revenue is not yet being executed despite multiple years in the lease, then the city isn't getting the rev share. And so that lease, I think, needs to be evaluated accordingly. So it's a much, I think, longer conversation. But I would say that's what's missing here is a methodology and some objective standards for review. |
02:56:32.47 | Mayor Kamele | Please. |
02:56:34.38 | Karen Hollweg | Thank you. Again, City Manager, thank you for this great start. |
02:56:38.29 | Karen Hollweg | I as I intimated from some of my questions have some additional |
02:56:43.71 | Karen Hollweg | feedback that I'd like to see come back to us. |
02:56:46.56 | Karen Hollweg | Um, |
02:56:47.56 | Karen Hollweg | In terms of the charts, I agree with Peter Van Meter. |
02:56:52.74 | Karen Hollweg | per square foot basis. I think we also need to understand geographic location. |
02:56:58.49 | Karen Hollweg | because rents for the downtown are, you know, market rate rents are obviously higher for the downtown than for the Marin ship, by way of example. |
02:57:09.19 | Karen Hollweg | I think another parameter we need to understand is cost to city. So we received a lot of public comment about the fact that, you know, one of our |
02:57:19.35 | Karen Hollweg | facilities being leased to a non-profit |
02:57:22.96 | Karen Hollweg | the city is still paying a mortgage on that property. |
02:57:26.27 | Karen Hollweg | We know that the Gene Hiller building |
02:57:30.10 | Karen Hollweg | required significant repairs in recent years. |
02:57:35.82 | Karen Hollweg | there have been other |
02:57:37.37 | Karen Hollweg | you know, the Madden facility required repairs to the bulkhead. And so I'd like to understand the cost to the city. We've undertaken a survey of existing facilities to understand their long-term deferred maintenance requirements. |
02:57:55.97 | Karen Hollweg | That's a cost of doing business. So we recently negotiated a lease with New Village School, we are required to undertake certain repairs in order to maintain the longevity of that lease. And so there's a certain cost to the city of doing business with respect to certain leases that I think should factor into |
02:58:14.73 | Karen Hollweg | the equation. |
02:58:16.81 | Karen Hollweg | Um, |
02:58:17.72 | Karen Hollweg | And then I agree with some of the other comments. We need to understand the mission of potential lessees, the tax status, audited financials, |
02:58:31.61 | Karen Hollweg | We really do need to make a decision about who's responsible for capital improvements. I don't think it's fair to require that some... |
02:58:38.44 | Karen Hollweg | agencies are responsible to maintain the city's buildings and others are not i would lean in favor of the city |
02:58:46.24 | Karen Hollweg | being responsible for capital improvements. If there are tenant improvements to customize the use of the building, then perhaps that's a tenant responsibility. |
02:58:57.49 | Karen Hollweg | I think our policy needs to include stronger provisions regarding enforcement and audit rights. |
02:59:06.49 | Karen Hollweg | Karen Hollweg, And then i've asked the city clerk to add to this agenda item the late mail that we just received from stu Stephen would side, which is some nonprofit lease guidelines so i'd like. |
02:59:24.86 | Karen Hollweg | you to consider some of these provisions as you put together an updated policy. These are community benefit lease guidelines, and it really does consider the |
02:59:39.41 | Karen Hollweg | community benefit that certain organizations provide that otherwise may not exist and for which the city would in turn offer below market support and so i think that's a really |
02:59:55.51 | Karen Hollweg | useful way to kind of make more objective as council member Kelman referenced this evaluation of |
03:00:04.89 | Karen Hollweg | potential lessees who provide a community benefit. So those are my initial thoughts on this. Thank you. |
03:00:11.89 | Mayor Kamele | Any other comments? |
03:00:13.31 | Mayor Kamele | Vice Councilmember Blofsteen. |
03:00:16.69 | Unknown | Thank you, Mayor. Great comments from my colleagues, and I would agree with all of the points that were made by Councilmember Kelman and Councilmember Cox in terms of how we look at this. And thank you, City Manager, for starting a discussion of what our policy is going to be with regards to our leases. I think it's challenging when we have 37 different leases within our portfolio in different locations all over town. so the direction requested by council members cox and Kelman about what should go in the table with regards to location and current leases is very important. The only thing I would request that we add that I did in here is that we do do a market assessment of all of our properties in particular whenever we're negotiating a new lease. So if we're if we a new location becomes available we need to make sure that we do have an understanding of what fair market rate is and then a process that we go through to evaluate what rent are we going to offer dependent upon who the lessee is and what does that look like. And actually, I think we're probably overdue for doing a general. We've all asked for this from the dais before, and I don't know if this will be part of this conversation, this specific policy or not, but we have all asked for an appraisal of our existing real estate portfolio as well, because I don't think that we know the fair market costs for all of the total real estate. So I would like to see that considered too. And I think this is a good beginnings of figuring out what the best practices for our city leased. And I'd also like to suggest perhaps we used to have an OMIC committee to discuss in particular the city leases and rents that was disbanded a few years ago, but perhaps that might be something we need to take up again just to make sure that someone is from the council is actively monitoring the statuses of these leases. |
03:02:01.67 | Councilmember Hoffman | Well, I think I'm trying to look at, I don't, were you saying that, were you suggesting, I'm sorry, Vice Mayor Cox, were you suggesting that we incorporate Mr. Woodside's email and his guidelines because his, you know, his own email says it's a very rough draft. |
03:02:19.03 | Karen Hollweg | So I'm not just that the city manager take them into consideration as he provides us with an updated draft as a possible approach for considering how to evaluate community benefit and the appropriate BMR below market rent. |
03:02:19.66 | Councilmember Hoffman | I'm just. |
03:02:36.33 | Karen Hollweg | consideration that the city might undertake. |
03:02:39.84 | Karen Hollweg | Okay. |
03:02:40.38 | Councilmember Hoffman | Thank you for clarifying that. Yeah, so I'm just a little bit |
03:02:43.90 | Councilmember Hoffman | just because I've had a chance to look at this and no one else has either before this meeting. So |
03:02:48.51 | Councilmember Hoffman | with regarding Mr. Woodside's email. |
03:02:50.43 | Councilmember Hoffman | I have no objection to taking any public comment that's made at a city council meeting into consideration. But I don't want it perceived that we're directing the city manager to follow some directive by a member of the public who emails us an email during the meeting. So just with that caveat, that's the way I heard it. So thank you for that clarification. OK, so my other question was with regard to |
03:03:21.72 | Councilmember Hoffman | you know, policy considerations going forward for, um, city owned properties with regard to profit versus nonprofit. And I think, um, I think we've had a really good discussion and I think maybe a first discussion that we've actually had where this is articulated and discussed amongst the council about whether or not we want to treat nonprofits differently than for profits and how do we define a nonprofit? So there, |
03:03:48.18 | Councilmember Hoffman | Part of that consideration discussion is there's different kinds of nonprofits. Some are |
03:03:53.12 | Councilmember Hoffman | very well run businesses and they pay their directors very well and they're not really in the |
03:03:59.98 | Councilmember Hoffman | in the not what we're kind of I think leaning toward the nonprofit category. So I, you know, I want us to pay attention to that too, as part of our discussion with regard to how we evaluate our leases. And of course we look at what our current, in any given time, what our current financial situation is as a whole across the city before we start reducing expected rents from fair market to something below fair market for something other than |
03:04:32.85 | Councilmember Hoffman | you know, for something other than a financial analysis, depending upon where we are as a city. So I, |
03:04:40.59 | Councilmember Hoffman | I don't know. I'm not saying it probably very well right now, but when we're talking about policy discussions and we're talking about rent negotiations, I think that has to be part of our |
03:04:50.91 | Councilmember Hoffman | part of our discussion as well. I think with regard to the OMIC committee, I think the thought was that we disbanded that because it just created another administrative layer, and we were trying to offload some of those |
03:05:06.94 | Councilmember Hoffman | aspects that the OMIC committee was taking on when really it should be addressed by a professional like a commercial real estate and that's why we are trying to move more toward as mr. Baker pointed out you know people are more skilled in these things and have more basic knowledge as opposed to council members trying to get up to speed and understand you know the complexities of commercial leases which principally most of these things are most all these things are so |
03:05:34.93 | Councilmember Hoffman | I, |
03:05:36.15 | Councilmember Hoffman | I think the way that we do it now, which is the whole council's apprised. We have a professional look at it. The whole council's apprised. We go to closed session. We talk about negotiations in closed session and take our advice from our commercial experts as consideration during those closed session discussions and negotiations, which I think is the appropriate way to approach the lease negotiations for city-owned properties. |
03:06:10.66 | Mayor Kamele | Yeah. |
03:06:11.80 | Mayor Kamele | No other comments? I'll close this item and we'll move on to item 5B, consideration of staff recommendation to amend the South Slito Center for the Arts existing lease. From $11,095 per month to $8,058 per month with an annual CPI escalator effective December 1st, 2024. Mr. City Manager. |
03:06:29.08 | Mr. City Manager | Yeah. |
03:06:29.74 | Mr. City Manager | I'll be quick. It's late. I don't want to hurry through this, but just a little background. You know, this building was purchased by the city in 2020. |
03:06:37.89 | Mr. City Manager | The city obviously sought input from the community on what it should be used and sought proposals for the property itself. In those proposals, the selection of the Saucyos Center for the Arts was agreed upon by the city council, and an agreement was executed with the Saucyos Center for the Arts on August 19, 2022. That agreement was negotiated by a contract professional with city council guidance. And so that particular agreement really had some eyes on it that involved, you know, not city staff and not the only committee. It was actually done by Mike Wagner concert with the city council and city management and finance department. |
03:07:22.02 | Mr. City Manager | In that agreement, there were various milestones and responsibilities that SCA had. One of the things that it called for was at the end of 18 months that there would be rent up to beginning at $4,029, beginning the first day and year of the lease or month of the lease. And then at 18 months, it would ramp up to $11,096 in change. In January the City Council under request for future agenda items was asked to put this on the agenda. It was put on the agenda the following February and the City Council heard a request from SEA to freeze the amount, not increase the amount of the lease to $11,096.25. At that time, as they did this time, they provided a host or slew of information on community and economic impact as a result of programs and activities and events. And this year's information is linked to the staff report, which is included in the packet. |
03:08:29.86 | Mr. City Manager | At that meeting, the City Council granted a six-month extension and direct staff to bring this back for review at the end of that six-month period. That six-month period is upon us. So as part of that process, there were discussions held between myself and the SCA leadership, talking about what it is that made sense to staff. And again, that's part and parcel to this process is staff reviews, makes recommendations, and then city council acts on them or doesn't. So the one thing that the city council did by deferring the lease for six months was save SCA $42,403.50. That was the savings to the nonprofit. At the same time, by deferring that revenue, it cost the city $42,403.50 because we anticipated the lease going up to $11,000 after 18 months. |
03:09:29.73 | Mr. City Manager | So one of the things that drives the thinking and my thought process on this is the idea that we borrowed money to acquire the building. We have a debt service we make on the building. That's about an average of one hundred and fifty seven thousand dollars a month for the next year. One hundred fifty seven thousand dollars a year, not a month for the next 10 years. And so, you know, that is something that drives the thought process in my mind. In addition, when the city negotiated the purchase, they obtained a $24,000 a year payment from Bank of America for keeping the automated teller machine there. So that's part of this whole revenue analysis in my mind. And so one of the things that I believe is |
03:10:17.25 | Mr. City Manager | as I said in February of 2020, is the rent should not stay at $4,000, but it should not go up to $11,000. I think there are some offsetting factors that, to me, let me arrive at a number. But before I get to that recommendation, which the mayor read in his presentation, I'm going to ask Chad to come up. I've received requests from the council to take a look at staff to analyze what is a counterproposal from the SEA board, which was received yesterday and addressed to the full council. And the public may not be aware of it, but it proposes a flat rate of $6,000 for the next 10 years, in addition to keeping most of the other lease language intact. So Chad, can you do some history on the finances of that as well as your analysis of that particular offer by the SA Board? |
03:11:23.65 | Chad Hess | Alfred, I'm going to, well, I'm going to join, or if you want to advance the slides, that would be fine too. |
03:11:29.86 | Chad Hess | The PDF is in the folder. |
03:11:33.66 | Chad Hess | So what we are bringing forward tonight, and I believe we're attached to the agenda as a late attachment, was the analysis that we did back in February 20th of 2024. At that time, we looked at the comparison of the debt service payments to the – that's not – |
03:11:53.03 | Chad Hess | That's not the slide. |
03:11:54.11 | Mayor Kamele | Want to join Chad so you can control your slides? |
03:11:54.45 | Chad Hess | Thank you. |
03:11:56.63 | Chad Hess | Yeah, let me try to do that. |
03:11:59.97 | Chad Hess | It's a PDF that's in that peak folder. |
03:12:04.14 | Mayor Kamele | Why don't you just join Jed, or at least try to while Mr. City Clerk is sorting it, and whoever's first wins. |
03:12:11.95 | Councilmember Hoffman | Sorry, can I ask just a clarification? Is that currently, whatever it is you're looking at, is that attached to the agenda? |
03:12:20.08 | Kate Carlson | It should be. |
03:12:21.16 | Councilmember Hoffman | Okay. |
03:12:21.53 | Councilmember Hoffman | Anybody know what attachment it is? |
03:12:25.05 | Councilmember Hoffman | I have draft policies one. Oh, wait, wait, sorry. |
03:12:30.58 | Councilmember Hoffman | So I have SCA letter with web links. I have the Sussle Center for the Arts lease. I have the presentation number three, but I think that's the city managers. |
03:12:40.01 | Chad Hess | Walford, did that get attached to it? |
03:12:42.06 | Chad Hess | the item that I sent you this evening? |
03:12:46.14 | Chad Hess | I am in the Zoom, if you can promote me to a panelist. |
03:12:48.96 | Mayor Kamele | Can you just make Mr. Hess a panelist, Mr. City Clerk? |
03:12:56.50 | Mayor Kamele | and we'll take it from there. |
03:13:06.88 | Mr. City Manager | Well, that's getting set up. You know, one of the things that I didn't reference, but I want to reference is the idea that |
03:13:12.82 | Mr. City Manager | SCA conducted a survey, over 500 people, so that they could get some data to provide to the city council as part of the link that is attached to the staff report from them. It indicates where they believe there's some economic impact on parking, some economic impact on sales tax. And so the economic impact was part of this proposal in terms of considering a new lease amount. So the one thing that was not part because it was late was this proposal for a flat $6,000 a month. So we're trying to figure out some analysis on that so there could be some real-time discussion on it. Chad, I asked Chad to put that together so that we could present it tonight as well. |
03:14:03.55 | Chad Hess | All right. So this is the presentation that we brought forward February 20th of 2024, where we talked about the definitions, debt service, carrying costs, opportunity costs, et cetera. Let me mute my computer here. |
03:14:18.44 | Chad Hess | Okay. If I go forward to this slide here, this was the slide that was presented February 20th. The green bars represent the principal. |
03:14:28.54 | Chad Hess | The blue represents the interest combined. That would be the total debt service on the building. |
03:14:33.43 | Hank Baker | . |
03:14:34.24 | Chad Hess | The orange line represents the cumulative rents between SEA at their $4,000 per month, plus the $2,000 that we are receiving from Bank of America for their ATM lease. On this slide, you can see that the rents cover the interest component of that loan, plus some of the principal. It does not cover all of the debt service payments. |
03:14:59.08 | Chad Hess | This is the slide that I added and unfortunately let me make that table a little bigger so people can see it. My apologies. My apologies. |
03:15:10.84 | Chad Hess | On this chart here, it's basically the same table as before, but I've added some additional scenarios. |
03:15:17.64 | Chad Hess | The purple line would represent rents at the full rate, the $11,095. And you can see here that that would cover the entire debt service payment, principal and interest if that was to go into effect. Again, you can see the yellow line, which represents the $4,000 rents, $4,029 as a fixed amount for the remainder of that debt service. |
03:15:44.71 | Chad Hess | And then also I did evaluate on that blue line, the rents proposed by city manager of $8,058.50. That does include a CPI increase based upon the stated CPI. I used a 3% as a representation, and you can see that there the rents are increasing over the life of that term. |
03:16:06.02 | Chad Hess | I did not bring in the $6,000 line, but I think we can all visualize that that would be between the orange line and the purple line. |
03:16:15.15 | Chad Hess | If it's 6,000 flat, it would be a flat line similar to the orange line, but slightly above. |
03:16:22.10 | Chad Hess | So again, under the $6,000 scenario, it does not cover the entire debt service payment. It does cover all of the interest expense on that parcel or that property, as well as city manager's recommendation. It would, again, cover all of the interest and a good portion of the principal expense |
03:16:39.54 | Chad Hess | of that note. |
03:16:41.00 | Chad Hess | So the rest of the slide is it should be being attached to the agenda is is identical to what we had in the past. It presented February 20th. |
03:16:51.92 | Chad Hess | So. |
03:16:53.29 | Chad Hess | I'll open that up for questions. |
03:16:54.93 | Unknown | Chad, the city manager made a comment about lost revenue. So I think the way the city manager framed it was SCA saved $42,000. |
03:17:06.77 | Unknown | we lost 42,000 |
03:17:09.69 | Chad Hess | Yep. We forego, we forego or baited that revenue, if you will. |
03:17:14.43 | Unknown | And what time frame was that? |
03:17:16.19 | Chad Hess | So that was the six months that we did not increase their rent to the full $11,000. So it would have been in effect from, I believe, March's rent was when the escalation was scheduled to go. |
03:17:27.38 | Chad Hess | through current. |
03:17:28.95 | Unknown | and how they're asking for a flat six |
03:17:32.34 | Unknown | Okay, for how long? |
03:17:33.50 | Chad Hess | for the remainder of their lease, is my understanding. |
03:17:35.76 | Unknown | Well, |
03:17:36.41 | Chad Hess | I think it was a five year lease that we originally signed with them. |
03:17:40.19 | Mr. City Manager | 15. |
03:17:41.30 | Mr. City Manager | Say that again. It's a 15-year lease. |
03:17:43.81 | Chad Hess | 15-year lease. |
03:17:44.69 | Unknown | And did you happen to do any modeling on what |
03:17:49.26 | Chad Hess | Say that. |
03:17:49.38 | Unknown | What $84,000 lost or foregone per year over 10 years, not invested at an average, let's say, treasury bond rate of 5%, what loss that would result in or what foregone profit that would result in for the city? |
03:18:05.75 | Chad Hess | I have not done that. I don't have that available at this point. |
03:18:08.84 | Unknown | OK. |
03:18:11.32 | Unknown | Did you, were you going to go through the, |
03:18:15.40 | Unknown | the counter offer in any sort of detail. I'll just, because we talked about parking a little bit, |
03:18:22.58 | Unknown | Um, you want to say anything about the parking revenue? |
03:18:25.58 | Chad Hess | So the parking revenue that they, in their letter that they sent in, they are claiming that they are increasing parking revenue, sales tax revenue, TOTs, etc. I did have some of the opportunity to look at their parking and their sales tax assumptions. Those are the two larger items that they are bringing forward. Looking at our parking revenues for fiscal year 23 to 24, there was an increase of about a half a million dollars in total parking revenue over that period of time from 23 to 24. I don't believe that SEA is responsible for all of that increase, but I would attribute some of their increase to it. I believe in their analysis, they were claiming about 49,000 of revenue was generated through their guests' parking in the city's parking lots. |
03:19:15.99 | Chad Hess | I feel that is a reasonable assumption based upon the number of participants or users that they are bringing to our community. |
03:19:23.16 | Unknown | So this property was purchased in July 2020, but in 2019, the parking revenue was exactly the same, plus or minus 20K. Sure. From what... |
03:19:31.90 | Chad Hess | Yes. |
03:19:35.14 | Unknown | we saw this past year, how would you account for that number in 2019? |
03:19:37.47 | Chad Hess | Yeah. |
03:19:39.24 | Chad Hess | So, you know, 2019 was right before COVID. We did take a dip in parking revenues, a substantial dip in 2021, and it has been recovering ever since. So there is some COVID bounce back. I agree. |
03:19:52.86 | Unknown | Arguably, this appears to be the same as what we had before COVID. |
03:19:55.94 | Chad Hess | Well, I think it would be hard-pressed to argue that SCA is not driving an increase in parking revenue. They are bringing people to town, and I would imagine that they are parking in our parking lots. |
03:20:05.18 | Unknown | Okay. |
03:20:06.93 | Unknown | I'm just looking at it. |
03:20:07.83 | Chad Hess | Thank you. |
03:20:07.98 | Chad Hess | Yes. So you are correct. 2029 revenues, 2019 revenues were comparable to 2024 revenues. |
03:20:09.83 | Unknown | in 2019. |
03:20:13.06 | Unknown | WORKING. |
03:20:15.69 | Unknown | And 2018 was only $100,000 less. |
03:20:15.71 | Chad Hess | Thank you. |
03:20:18.79 | Chad Hess | I'm just looking at what you said. Yeah, I believe that's what I said to you. |
03:20:19.25 | Unknown | I'm just looking at what you said. |
03:20:21.38 | Unknown | So I'm just looking at data. I don't see any hint of correlation. Okay. Thank you for that. |
03:20:22.81 | Chad Hess | Yep, fair. |
03:20:26.64 | Mayor Kamele | Welcome. |
03:20:28.97 | Mayor Kamele | Okay. Go right ahead. |
03:20:31.72 | Mayor Kamele | That's |
03:20:32.01 | Karen Hollweg | I had a question for the city manager. So for those of... |
03:20:32.04 | Mayor Kamele | I don't know. |
03:20:38.15 | Karen Hollweg | you who are in the audience and are looking at the city council agenda with numerous public comments, the letter that came in from the SCA isn't under SCA. It's actually under Kit Hayes. So just for reference, anybody who wants to see the proposal that the council received yesterday from... |
03:21:01.86 | Karen Hollweg | the SCA is under public comment under Kit Hayes. |
03:21:07.23 | Karen Hollweg | And it's my understanding from |
03:21:11.14 | Karen Hollweg | correspondence and conversation with the SCA that |
03:21:15.09 | Karen Hollweg | the 8000 proposed by the city manager is infeasible and financially for the SCA and so and we obviously received numerous comments asking us to ensure that the SCA continues and so my question is for the city manager city manager |
03:21:34.65 | Karen Hollweg | Assuming you raise the rent to 8000 as you recommend and the SCA is unable to make that payment and goes out of business. What is the cost to the city? How long would it take for the city to |
03:21:48.60 | Karen Hollweg | find a new tenant, |
03:21:50.00 | Karen Hollweg | what, |
03:21:51.12 | Karen Hollweg | is the market like out there for new tenants? What's the financial cost to the city of bearing this $157,000 per year carrying cost? |
03:22:02.96 | Karen Hollweg | Yeah. |
03:22:03.88 | Mr. City Manager | Good question, Vice Mayor. Thank you. The real question would be who could fill the space if the SCA was not there? My recollection is we received proposals from different groups, and the proposals were varied in their approach, but there was definitely interest. My first thing would be to go back to that group and see if there's still an appetite to come to Sausalito or use that building in terms of you know what the market is my next step would be to go out and hire somebody to go out and push the property to see who is out there so how long that would take I'm not sure one month two months three months |
03:22:48.26 | Karen Hollweg | It seems to me as though the RFP, and I was not on the council in 2020, that's why I'm asking you these questions. Seems to me that the RFP process was longer than two or three months in 2020. And I also seem to recall that the second most favored proposer had a lengthy ramp up period for their proposal. Do you recall any of the specifics of that? Uh, |
03:23:09.81 | Mr. City Manager | Thank you. |
03:23:10.01 | Mr. City Manager | Vaguely, but I think you're correct that the selection was made is because SCA could come in and fill the building and pay rent immediately, and the other group needed some time to build up to what they thought they could do. I don't know. Maybe it was Council Member Hoffman, and I don't know who else was on that committee that evaluated those with the council. |
03:23:28.86 | Councilmember Hoffman | It was Mayor Sobieski. |
03:23:30.46 | Mr. City Manager | And who else, Mayor, who was with you on that committee? |
03:23:33.70 | Karen Hollweg | And then in reviewing some of the correspondence I saw, |
03:23:38.56 | Karen Hollweg | an overview that the initial |
03:23:42.59 | Karen Hollweg | Um, |
03:23:43.79 | Karen Hollweg | lease draft with the SCA proposed a rent of $4,000 a month. And then |
03:23:50.31 | Karen Hollweg | Somehow during the negotiations, that changed, and the rent went from $4,000 to $11,000 after 18 months. Do you recall... |
03:24:00.77 | Karen Hollweg | the process and why such an extraordinary change in the rent from the initial draft lease between the city and the SCA? Yeah. |
03:24:11.28 | Mr. City Manager | So that's accurate. There was conversation just documented that was, you know, a $4,000 a month rent increase. The council at the last minute said that's not going to pass. That's not going to meet muster. So we're willing to lease you the facility with this 18-month ramp up, keeping it at $4,000. And, you know, the SCA board signed the lease. So that $11,000 amount was slated for 18 months to give them the time to get up to that amount. There were different projects contemplated that were thought that potentially generating revenue that could help service that amount. Unfortunately, you know, one of them was a rooftop facility, didn't pan out. And so here we are with a signed agreement that says $11,000 a month is what's due. We've deferred that for six months. And now the question is, you know, on a go forward basis, are you going to continue to defer that or are you going to continue to or adhere to the terms of the lease that was signed? My approach was $11,000 was the number that the council agreed to, $8,000 of money from SCA, $2,000 from the teller lease was $10,000, and then the parking revenue and sales tax revenue, I could account for $1,000. They're easy. So that's how I came up with the $8,000 numbers backing out from the the 11,000 numbers that the council adopted in 2020, 2021, when that lease was signed. |
03:25:42.59 | Karen Hollweg | So is it fair to say that when the SCA agreed to an $11,000 a month lease rate, they were expecting to share that with a co-tenant, to share that obligation with a co-tenant? |
03:25:53.04 | Mr. City Manager | That was part of the discussion. |
03:25:56.26 | Karen Hollweg | And in evaluating a rooftop facility, did you encounter some engineering and architectural challenges? |
03:26:06.62 | Mr. City Manager | That wasn't my work. That was the work of the SCA folks. I heard bits and pieces that that was going to be a challenge, but the specifics of it, you'd have to ask them. |
03:26:20.48 | Karen Hollweg | Do you recall having a conversation with Larry Mendel about having to invest $10 million in order to create that rooftop facility? |
03:26:30.79 | Mr. City Manager | I had a conversation with him regarding a project in San Jose that soured his appetite on moving forward with the project in Sausalito. That's the conversation I had with Mr. Medell and his son. |
03:26:44.14 | Karen Hollweg | And so is it fair to say that circumstances have significantly changed since the lease was initially negotiated with SCA? |
03:26:52.88 | Karen Hollweg | I'm not sure. |
03:26:52.99 | Mr. City Manager | the lease has not changed. |
03:26:56.10 | Karen Hollweg | I'm clear on that, but the underlying circumstances. |
03:26:57.65 | Mr. City Manager | Underlying circumstances. And so, yeah, there are obviously the use of the rooftop fell through, and so you have a challenge, and that's what's been voiced very loudly and clearly by the folks at SCA as well as people in the community as to why you should not do that. On the other hand, you have people saying a lease is a lease is a lease was signed, but ultimately the decision has to be made by you all. And my approach was to try to create some type of splitting of the issues, revenue at 8,000, relief of 3,000 over the life of the lease, I thought would have been something that was workable. But again, it's your call. |
03:27:40.68 | Mr. City Manager | Yeah. |
03:27:41.63 | Karen Hollweg | Thank you, city manager. |
03:27:43.48 | Mr. City Manager | I do. |
03:27:43.64 | Mayor Kamele | Bye. |
03:27:43.75 | Mayor Kamele | Thank you. |
03:27:43.77 | Mr. City Manager | Yeah. |
03:27:43.79 | Mayor Kamele | Thank you. |
03:27:43.84 | Mr. City Manager | which, |
03:27:43.97 | Mayor Kamele | you |
03:27:44.70 | Karen Hollweg | Thank you. |
03:27:44.80 | Karen Hollweg | Yeah. |
03:27:44.97 | Jonathan Leon | Thank you. |
03:27:45.19 | Mayor Kamele | Pastor Member Hoffman? |
03:27:46.25 | Chad Hess | Yeah. Can I just clarify real quick? The initial term of the lease is 60 months, five years, and there is a one option for an additional 60 months under the initial lease. So a 10-year total. 10-year total. That's my right. |
03:27:56.24 | Kevin McGowan | you're not. |
03:27:56.29 | Councilmember Hoffman | I can't remember. |
03:27:56.60 | Kevin McGowan | Thank you. |
03:27:56.61 | Mayor Kamele | Rob. |
03:27:56.78 | Chad Hess | Thank you. |
03:27:56.83 | Mayor Kamele | Thank you. |
03:27:56.85 | Chad Hess | Thank you. |
03:27:59.58 | Councilmember Hoffman | Um, so, um, city manager, I have fundamental question. I'm not really clear why we're negotiating this lease and open station, open session as opposed to closed session, which is our normal practice. And. |
03:28:12.71 | Councilmember Hoffman | is our normal practice on all of our other leases. So |
03:28:15.31 | Councilmember Hoffman | Why is it that we're here today |
03:28:17.57 | Councilmember Hoffman | talking about this in open session and and |
03:28:19.93 | Councilmember Hoffman | evaluating counter offers that we got yesterday. |
03:28:23.80 | Mr. City Manager | Yeah, I'm happy to address that. And, you know, I'll go back to this. When this was brought before the council and asked to be brought before the council, there was no closed session discussion about it in February. It was brought into the council as an agenda item on the open session. So to come into a council meeting and have this in closed session, to me, would be bad optics. You know, what are you doing in a closed door on something this important to the community? So So you know, given what you did in February, I just replicated that for this month or this time. You know, you can do that right now. You can say, we don't want to have a discussion any longer. |
03:28:59.98 | Mr. City Manager | call the discussion and ask us to go into closed session next meeting. That's your option. You can do that. So if I misread the lay of the land by looking at what you did for the first part of this, Lisa, the first discussion and trying to make sure that there wasn't a scuttle about the city, trying to make a deal behind closed doors in a closed session and coming out and telling the community what it is they were going to do. That's what I try to avoid. And that's why you have it in open session right now. |
03:29:25.59 | Councilmember Hoffman | But thank you. |
03:29:25.90 | Mr. City Manager | Thank you. |
03:29:26.35 | Councilmember Hoffman | Yeah, thank you for that. I think we probably need to discuss that during our discussion. I certainly don't want to go down this road with any other large leases that we have that serve populations in Sausalito, such as the school leases that we just did, or such as the cruising club that we just talked about, or some of the other clubs and things that we lease to. So I'm curious about how this got on open session for negotiation and consideration. We don't have the benefit of our commercial real estate agent to advise us on this. My next question leads straight into then, what is the fair market value for the Center for the Arts? |
03:30:07.78 | Councilmember Hoffman | Just on the open market, do we have a fair market value assessment for it? |
03:30:11.51 | Mr. City Manager | So we have a number that was provided by Cushman Wakefield of $3.21 a square foot. That's my recollection. |
03:30:19.34 | Councilmember Hoffman | And what is it, what are they paying now under the lease amount of $11,000? How does that break down per square foot? |
03:30:31.59 | Mr. City Manager | They got a calculator. |
03:30:33.01 | Mr. City Manager | Thank you. |
03:30:33.04 | Mr. City Manager | We don't. |
03:30:33.25 | Councilmember Hoffman | the Wells Fargo building. Yeah, I mean, these are reasonable questions, I think, that we need to know and the public needs to know. |
03:30:33.35 | Mr. City Manager | that Will's Sparkle building. |
03:30:38.33 | Chad Hess | So it's 5,725 square feet. |
03:30:48.03 | Unknown | That director has 5,000. |
03:30:51.03 | Unknown | Thank you. |
03:30:58.44 | Unknown | Director Hess, do you happen to know how much the Wells Fargo building sold for? |
03:31:05.31 | Mayor Kamele | I do not know. |
03:31:07.11 | Mayor Kamele | I appreciate the question. I'm just trying to let Council Member Hoffman have the floor for questions until she's done just to try to keep some order. So I don't know. |
03:31:13.73 | Councilmember Hoffman | So I don't know if anybody finished the math on that. |
03:31:16.30 | Mayor Kamele | 18,000. |
03:31:18.37 | Councilmember Hoffman | Okay, so that's 18,377. Okay, close up. I'll give you the 25 cents. So, okay, so we have a calculated fair market value up here today on the dais. Who knows if that's correct or not, but I'll go with it. It's 18,000. |
03:31:34.18 | Councilmember Hoffman | 377 |
03:31:36.46 | Councilmember Hoffman | per month. So that's a fair market rent. |
03:31:38.82 | Councilmember Hoffman | So the eleven thousand square, the eleven thousand dollar a month |
03:31:43.99 | Councilmember Hoffman | rent that we negotiated with the lease. |
03:31:46.50 | Councilmember Hoffman | was to cover the debt service |
03:31:48.83 | Councilmember Hoffman | on the um on the loan on the loan and the principal the whole debt service |
03:31:55.80 | Councilmember Hoffman | On the loan. |
03:31:56.69 | Councilmember Hoffman | And that was a hotly negotiated number amongst this council, whoever was sitting on it at the time. |
03:32:04.25 | Councilmember Hoffman | to provide a break to the Center for the Arts. And that was the floor. |
03:32:09.50 | Councilmember Hoffman | not to go below. And so I'm concerned now that we're talking about going below. |
03:32:13.92 | Mayor Kamele | I'm sorry to interrupt you. Just to go to the hour, can we try to focus on a tight question and then we'll have discussion afterwards? I think those are very fair points. I just want to try to move along with focused questions so we can move on. |
03:32:21.38 | Councilmember Hoffman | So let me just, okay. |
03:32:23.96 | Unknown | Bye. |
03:32:23.98 | Councilmember Hoffman | Sure. |
03:32:25.77 | Councilmember Hoffman | So, |
03:32:26.34 | Councilmember Hoffman | Thank you. |
03:32:26.76 | Councilmember Hoffman | So are you aware that we arrived at the $11,000, either one of you, city manager or Chad, the $11,095.25. We arrived at that because that was to cover the debt service on the loan, Inc. |
03:32:44.72 | Councilmember Hoffman | In addition to that, we plussed up to the ATM lease. |
03:32:49.70 | Chad Hess | Correct. |
03:32:49.97 | Councilmember Hoffman | And so those two things together help us hit the minimum debt service on the loan. |
03:32:54.46 | Chad Hess | Thank you. |
03:32:54.47 | Andrew Davidson | Thank you. |
03:32:54.49 | Chad Hess | That is correct. |
03:32:54.78 | Councilmember Hoffman | So every month that we don't make the minimum debt service on the loan, which is the $11,000, |
03:32:54.96 | Andrew Davidson | So, |
03:33:00.53 | Councilmember Hoffman | $95.25. |
03:33:03.60 | Councilmember Hoffman | that money's coming out of our general fund. |
03:33:06.45 | Chad Hess | The general fund is loaning the Bank of America fund these dollars until that loan is paid back and then the revenues subsequent that loan would pay back the general fund. We're keeping track of the loan, the interfund loan. |
03:33:18.39 | Councilmember Hoffman | And the original lease was always 11,000 a month, but they received a rent reduction for the first 18 months. |
03:33:28.51 | Chad Hess | That's my understanding. Yes. |
03:33:36.29 | Councilmember Hoffman | So, |
03:33:38.36 | Councilmember Hoffman | Currently, |
03:33:40.59 | Councilmember Hoffman | for the last six, I did it for actually annually. So the difference between |
03:33:46.13 | Councilmember Hoffman | $11,029. |
03:33:48.15 | Councilmember Hoffman | $11,029.23 $11,029.23 |
03:33:51.19 | Councilmember Hoffman | and 4,029 |
03:33:53.35 | Councilmember Hoffman | 23. |
03:33:54.58 | Councilmember Hoffman | is a loss of about 7,000 a month that we're paying. |
03:33:59.36 | Chad Hess | That we're forgoing, yes. |
03:34:00.57 | Councilmember Hoffman | Yeah. And then, um, |
03:34:03.09 | Councilmember Hoffman | So I just did an annual calculation |
03:34:06.51 | Councilmember Hoffman | For a year, that's $84,792 per year. And for two years, which now it's been two years, it's $169,584. |
03:34:21.36 | Councilmember Hoffman | Okay. Next question. |
03:34:23.18 | Councilmember Hoffman | He's saying yes. He's confirming my math, which we all like to confirm. And so if we go down to $6,000 a month per rent, it's $5,029 per month. |
03:34:36.58 | Chad Hess | Let me confirm. Okay. I'm just. |
03:34:37.29 | Councilmember Hoffman | okay I'm just looking for the I'm just looking for the analysis so that if we're going to talk about reducing the rent we understand and know monthly and annually what that's going to cost the |
03:34:49.07 | Councilmember Hoffman | regardless of other numbers that we've talked about today. |
03:34:54.29 | Chad Hess | Yeah, we're at $60,000 from an annual perspective. |
03:34:57.58 | Councilmember Hoffman | And if we go down, if we go to 8,000, it's 36,348. 3,092 a month and 36,348. |
03:35:11.35 | Chad Hess | Yes, 37,140. |
03:35:14.38 | Councilmember Hoffman | So this is a question for, I think, for the city manager. So let's say we thought about something along the lines of, oh, let me ask you this, sorry. |
03:35:25.01 | Councilmember Hoffman | Let me just say this first. |
03:35:26.89 | Councilmember Hoffman | I understand that when it became clear that the Center for the Arts was not going to be able to cover their negotiated lease, that you sat down and talked with them and offered them other spaces in Sausalito, is that correct? |
03:35:36.69 | Mr. City Manager | Say that again. |
03:35:37.84 | Councilmember Hoffman | that when it became clear that the Center for the Arts was not going to be able to meet their 11,000 and whatever it is a month rent, that you sat down with them and offered them other spaces in Sausalito, is that correct? |
03:35:49.84 | Mr. City Manager | You have that twisted. |
03:35:51.61 | Councilmember Hoffman | Oh, well, untwist it for you. Happy for you to untwist it. |
03:35:51.63 | Mr. City Manager | Well, untwist it for you. Let me untwist it for you. Happy for you to untwist. Let me untwist it for you. I had that conversation with the Chamber of Commerce, not the Substitial Center for the Arts. |
03:35:59.69 | Councilmember Hoffman | Oh, pardon me. So you talked to the Chamber of Commerce about other spaces in town that they could occupy? |
03:36:06.17 | Councilmember Hoffman | not the Center for the Arts. |
03:36:07.56 | Mr. City Manager | Yes. |
03:36:08.62 | Councilmember Hoffman | Did you talk to anybody at the Center for the Arts about other spaces that might be available to them? Did not. Okay, pardon me for that. I misunderstood. |
03:36:12.62 | Mr. City Manager | did not. |
03:36:17.12 | Councilmember Hoffman | Are there other spaces in Sausalito that might be available to the Center for the Arts that wouldn't have the same rent implications that the current location does? |
03:36:28.58 | Mr. City Manager | I'm not going to make a comment on the fly, but I can research and review and see if there is. |
03:36:33.34 | Councilmember Hoffman | Well, that's kind of the... |
03:36:34.96 | Councilmember Hoffman | Thank you. |
03:36:35.37 | Councilmember Hoffman | That's kind of the problem with us doing this in a public forum outside of closed sessions. |
03:36:38.91 | Mr. City Manager | Thank you. |
03:36:38.93 | Mayor Kamele | outside of |
03:36:42.08 | Councilmember Hoffman | Isn't it? |
03:36:43.47 | Mayor Kamele | I mean, come on. Exploratory questions to get back so we can move along to discussion. Just a little, Josh, one of the 12. |
03:36:44.02 | Unknown | Thank you. |
03:36:44.04 | Councilmember Hoffman | Yeah. |
03:36:44.09 | Mr. City Manager | Thank you. |
03:36:44.11 | Councilmember Hoffman | Thank you. |
03:36:47.77 | Councilmember Hoffman | It's just an objection. We're not for trial. It feels a little like a trial. Okay, let me rephrase that. |
03:36:50.00 | Mayor Kamele | It feels a little like a tragedy. |
03:36:54.98 | Councilmember Hoffman | There are other spaces in Sausalito that Center for the Arts could occupy at a lower rent, correct? City-owned properties. |
03:37:03.09 | Mr. City Manager | City owned property, not off top of my head. |
03:37:07.67 | Councilmember Hoffman | Okay, well, if you had a chance to research it, do you think you'd come up with something? |
03:37:11.31 | Mr. City Manager | Yes. |
03:37:19.41 | Mayor Kamele | Okay, thanks. That's all I have right now. Thank you. Council Member Blavstein. |
03:37:22.57 | Unknown | I have a question. Just want to clarify something. We didn't acquire the Bank of America building for a fair market rate, did we? |
03:37:29.00 | Chad Hess | Uh, I can't opine on that. I know we bought it for just, just shy of 2 million. |
03:37:34.87 | Unknown | Okay, and what did the Wells Fargo building sell for? |
03:37:36.94 | Unknown | Thank you. |
03:37:36.98 | Chad Hess | I don't know. I know, but... |
03:37:39.05 | Mayor Kamele | Thank you. |
03:37:39.09 | Chad Hess | Thank you. |
03:37:39.17 | Mayor Kamele | Thank you. |
03:37:39.26 | Chad Hess | The truth. |
03:37:39.44 | Unknown | No, no, I'd love to, if you know. I mean, if he doesn't know. Well... |
03:37:39.46 | Mayor Kamele | No. |
03:37:42.01 | Mayor Kamele | It's actually the |
03:37:44.77 | Mayor Kamele | Well, in this one indulgence, sorry to interrupt, but I'm on the spot. The Bank of America building in downtown Middle Valley sold for $3.5 million. |
03:37:54.26 | Mayor Kamele | Same size building. |
03:37:57.51 | Mayor Kamele | $3.5 million in |
03:38:00.87 | Councilmember Hoffman | Yeah, it's Mill Valley. And when was it last year? Westbrook. Okay. |
03:38:04.70 | Unknown | Okay, because, and I wasn't on the council at the time when the acquisition was made. My understanding was due to the ATM lease, we got a rather good deal on that building. |
03:38:14.14 | Unknown | I would like to have an idea of what the understanding of the other buildings are downtown for sale or would be a million dollars for that amount of real estate seems like quite a good deal. So I was just trying to clarify if we knew that that was below market because I had thought that that was why they agreed to sell it only to the city, correct? |
03:38:32.55 | Chad Hess | That was before my time. Yeah, I don't know the specifics on that. |
03:38:36.83 | Unknown | Okay. And then I wanted to, you sent them, and I think this was supposed to be attached to the staff report somewhere, but this afternoon at 417, you sent us all an email just looking at some of the revenue sources with regards to SCA and how much revenue they're generating for the city. And we talked about the parking revenue already, but I just wanted to go over the sales tax revenue piece, which is in the letter as well. Yes. The FDA says 79% of survey respondents stated, yes, I have eaten at any South Carolina restaurant prior to or after an FDA visit. They told me one third of the unique visits |
03:38:42.98 | Unknown | noon. |
03:38:59.75 | Kevin McGowan | Yes. |
03:39:11.44 | Unknown | If only one third of the unique visits to SCA resulted in meals at local restaurants that would not otherwise have occurred with the modest advantage tab, that would create $12,000 a year in sales tax revenue. And then they go on, 68% of the respondents stated they had visited a store art gallery in Sausalito before or after an SCA visit. If only a quarter of the unique visits resulted in non-restaurant purchases around $60, it would generate an extra $5,400 a year in tax revenue. So then your assessment is, sales tax revenues are down citywide in fiscal year 2025. Would they be lower if SCA was not bringing people to town? |
03:39:44.01 | Unknown | it's possible |
03:39:45.40 | Unknown | I do think they are reasonable given their conservative assumptions. So you're saying that these assumptions are all conservative. |
03:39:50.97 | Chad Hess | I believe that they are conservative. And also on the sales tax, they included a 1% factor for the Bradley Burns, but did not include the Measure L. |
03:40:00.25 | Chad Hess | 1% as well. So I think they are being excessively conservative in that assumption. |
03:40:06.52 | Unknown | Okay. And without having the numbers in front of you, then what would you say your assumption is for the sales tax revenue that could potentially be generated? |
03:40:13.92 | Chad Hess | I mean, using using their factors, I don't have I don't have a crystal ball on that. But I know that they are being conservative because they're only counting the Bradley Burns and not the measure L. |
03:40:23.11 | Unknown | Okay. |
03:40:24.09 | Unknown | Thanks. I just wanted to, and also if we could add City Cork, the note, this one-way communication from Chad to the agenda and to the staff report so that we have that information because I think it's relevant for the discussion. |
03:40:38.60 | Karen Hollweg | Yes, I wanted to follow up on a prior discussion I was having with the city manager about the negotiations with SCA. So when following the RFP selection of the SCA, |
03:40:52.19 | Karen Hollweg | Didn't the SCA first enter into a license agreement with the city prior to entering into the lease? |
03:41:00.59 | Mr. City Manager | I'm not sure. Maybe our city attorney knows, but I don't have any recollection of that. |
03:41:06.78 | Karen Hollweg | My understanding of the history is that, |
03:41:09.33 | Karen Hollweg | The SCA had already been occupying the building for three months under this license agreement before the lease negotiations moved the rent from $4,000 a month for 10 years to $11,000 a month. |
03:41:31.39 | Karen Hollweg | So essentially the SCA had already been occupying the facility |
03:41:36.28 | Karen Hollweg | for three months pursuant to a license agreement pending final negotiations of the lease. |
03:41:43.47 | Unknown | That's correct, Councilman McCartney. Okay. |
03:41:45.29 | Karen Hollweg | Okay, and so Councilmember Kelman remembers. And so |
03:41:51.98 | Karen Hollweg | For the first seven months of negotiations, SCA's rent was set at $4,000 a month for 10 years. And it was only after they had been occupying the facility for three months that the city first proposed |
03:42:06.30 | Karen Hollweg | that the SCA should or the entirety of the 11,000 a month. |
03:42:09.98 | Unknown | I don't think that's quite correct. I mean, this was an ongoing conversation. There was never just a |
03:42:14.49 | Unknown | today is Monday and you're in the license and today on Tuesday and now you're having this conversation. This is a very, I think, long, thoughtful conversation with members of this council to |
03:42:23.97 | Unknown | see what was available see what's possible look at an rfi there's a lot of um dialogue that that we did i appreciate that thank you we can unpack it |
03:42:31.83 | Mayor Kamele | that in discussion that sounds like a discussion. Any other questions? |
03:42:35.50 | Unknown | I do, actually. Thank you, Mayor. If you're the city manager or I see Director Phipps, I thought I saw some information that the SCA was asking about a zoning change. You want to comment on that? |
03:42:48.79 | Mr. City Manager | I can ask Brandon to come up, but the thought there is if there's going to be some revenue generation through a sublease, then the current land use designation of public institution is pretty restrictive. So the thought would be to create some flexibility for different types of tenants to come in based on what the council wants to do. Brandon, can you speak to that process and what that is and what it looks like and why it's included in our staff report? |
03:43:25.01 | Brandon Phipps | Happy to, city manager. |
03:43:26.58 | Brandon Phipps | And good evening, council, mayor, vice mayor, staff, members of the community. Happy to be here. |
03:43:31.84 | Brandon Phipps | So city manager is correct. He came to me with, I think, a charge to do some research in connection with what uses are currently allowed at the Bank of America building based on existing zoning. |
03:43:50.37 | Brandon Phipps | The building is located within a public institutional zoning district, which I will note is a fairly restrictive zoning district relative to some of the other districts we have, especially as related to revenue-generating uses, like restaurants, for example. The PI district, public institutional district, does not allow for restaurants to locate within one of those zones. |
03:44:17.69 | Brandon Phipps | This is further detailed on Table 10.20-1 in our code, land uses allowed in open space and public districts. So considering the limited range of uses currently allowed within that zoning district, |
03:44:32.81 | Brandon Phipps | In addition to the desire from the SCA to potentially partner and expand the range of uses within that building and potentially via, you know, an accessory use, we looked into some strategies that we can employ that would realize that. So we've identified, based on, you know, this charge, four primary strategies that we could employ to expand those uses and to create greater partnership opportunities for the SCA. |
03:45:00.82 | Brandon Phipps | uh... one is and i'm gonna go from |
03:45:03.91 | Brandon Phipps | highest level of robustness and activity to probably the most simple |
03:45:08.99 | Brandon Phipps | One is a full-blown general plan and zoning code amendment. |
03:45:12.62 | Brandon Phipps | to change the zoning of the B of A site from the public institutional district to an alternative zoning district like commercial waterfront or central commercial, the district that it's adjacent to. |
03:45:25.07 | Brandon Phipps | This would, of course, take a little bit of time and would require multiple hearings in addition to a potential environmental analysis. The second strategy that we noted and highlighted... |
03:45:39.72 | Brandon Phipps | was a amendment to not change the district itself, |
03:45:44.11 | Brandon Phipps | but to change the allowed uses within the public institutional zoning district. So to expand those allowed uses, quite literally an edit to table 10.20-1 in our municipal code and any follow-on edits. This may require environmental analysis. This may also have unintended consequences, such as opening up any other public institutionally zoned parcel to those expanded range of land uses. Excuse me. So I want to call that out as a potential |
03:46:19.12 | Brandon Phipps | unintended impact. Path number three that we identified was... |
03:46:24.78 | Brandon Phipps | treating |
03:46:25.89 | Brandon Phipps | any |
03:46:26.97 | Brandon Phipps | ancillary accessory tenant in the bfa building as a temporary use which can be approved |
03:46:34.38 | Brandon Phipps | via an MUP |
03:46:36.27 | Brandon Phipps | within our zoning just uh with the within our municipal code by the zoning administrator |
03:46:42.09 | Brandon Phipps | The code reads temporary uses may be approved in any zoning district for up to one year, subject to an approved MUP, and those temporary uses can be extended for up to one additional year. That, I think, is much more simple than the first two paths that I outlined, but would require a constant renewal if the term continued to exceed one year, continued to exceed two years. so a little bit improved two paths that I outlined, but would require a constant renewal if the term continued to exceed one year, continued to exceed two years. So a little bit impermanent. |
03:47:13.11 | Brandon Phipps | The final path is a zoning ordinance amendment to amend the accessory uses and structures section of our code, which would, for example, allow an accessory use to locate in a public space. That specific section of code... |
03:47:32.93 | Brandon Phipps | is 10.44.020 and one way that we could do this is through there's some language in that section that reads accessory uses are permitted when located on the same parcel as the principal use recreation refreshment and service buildings in public parks i know we might approach this via an amendment to that language to change parks to public facilities so those are four four strategies that we've noted thank you |
03:48:00.32 | Mayor Kamele | Thank you. |
03:48:03.99 | Mayor Kamele | Anything else? |
03:48:05.45 | Mayor Kamele | Okay, I'll ask the last two questions before we go to public comment. Just one is, Director Hess, if the, if the, if the, if the, if the, if the, if the, if the, if the, |
03:48:16.52 | Mayor Kamele | If the rent is increased to cover the principal payment and the interest from the tenant, then just in the plain English language, the tenant is buying the building over the life of the lease, and when they exit the lease, they're turning it over to the city. So that basically means that the city of Sausage did not buy the Bank of America building, rather, |
03:48:33.36 | Mayor Kamele | the tenant did and then surrendered it to the city at the end of its lease |
03:48:37.40 | Chad Hess | Yes, essentially. |
03:48:39.03 | Mayor Kamele | Thank you. And then the fair market rent that the fair market value that was quoted, that I presume was for some sort of commercial use, not for the restrictive public institutional use unmodified as the, okay, I'm seeing a nodded head. Yes. Okay. |
03:48:56.58 | Mayor Kamele | thank you very much let's open public comment for our very patient audience uh sorry for the late hour uh please if you have public comment come to the podium when the city manager or city uh clerk calls your name |
03:49:07.86 | Mr. City Clerk | We'll start with Peter Van Meter, Babette McDougal, and then Tom Anderson. |
03:49:18.15 | Peter Van Meter | Thank you. This is a complex issue that can actually be reduced to something really simple. |
03:49:26.07 | Peter Van Meter | When this lease was negotiated, there were circumstances regarding the affordability that had to do with a business plan for a combined operation of the SCA and a commercial restaurant. |
03:49:40.24 | Peter Van Meter | those circumstances have changed. The economic viability has then become less secure than had been with that prior plan. So your decision here is simply, do you want to have a public benefit and decide? I think that Hank Baker kind of |
03:49:59.23 | Peter Van Meter | summarize this earlier. |
03:50:00.58 | Peter Van Meter | earlier by saying, |
03:50:01.92 | Peter Van Meter | Look at what fair market rent is. |
03:50:03.98 | Peter Van Meter | as a PI zoning. |
03:50:05.60 | Peter Van Meter | And they say, what is going to be the contribution |
03:50:08.08 | Peter Van Meter | to the public benefit. |
03:50:09.69 | Peter Van Meter | of the citizens of Sausalito |
03:50:12.18 | Peter Van Meter | By in effect, reducing that fair market rent. |
03:50:15.27 | Peter Van Meter | So that's, as I commented earlier, you don't really have a procedure for making that kind of determination. |
03:50:22.63 | Peter Van Meter | So you're gonna have to make that determination on the fly here. |
03:50:26.36 | Peter Van Meter | Maybe soon. |
03:50:27.41 | Peter Van Meter | But. |
03:50:28.30 | Peter Van Meter | You're going to have to make that determination. What do you see as a public benefit of this? |
03:50:32.91 | Peter Van Meter | because circumstances have changed. |
03:50:35.42 | Peter Van Meter | And now you have to make that decision. |
03:50:37.77 | Peter Van Meter | Thank you. |
03:50:40.97 | Peter Van Meter | Bye-bye. |
03:50:41.38 | Mr. City Clerk | Thank you. |
03:50:44.64 | Bep McDougall | Thank you, Mr. City Clerk. |
03:50:46.75 | Bep McDougall | Thank you. |
03:50:49.19 | Bep McDougall | You know, I go to the Center for the Arts frequently. I invite people to come over and we rendezvous there. Then we hit someplace for lunch usually. So I don't want you to think that I don't enjoy the idea that we have some viable thing happening in that facility. |
03:51:05.36 | Bep McDougall | I don't even know if they have a tax ID. Are they a viable non? Do we have a 501c3 designation? Why is it on your website under donate? |
03:51:14.30 | Bep McDougall | I didn't find it. I just went on the website again, and I don't see it under donate. So I don't know if these are questions that I'm not the only one asking these questions. |
03:51:22.96 | Bep McDougall | How viable is this? This is an untested brand new startup foundation. No experience. Somebody on the EDAC community had a great idea. There was no RFP process. |
03:51:34.70 | Bep McDougall | There was a request for ideas, and they all got tossed aside for this one idea because she was on the economic development |
03:51:42.84 | Bep McDougall | I don't know. |
03:51:43.88 | Bep McDougall | EDAC. I mean, really, I don't even know how long she's been there. I just want to know, why is it that we're trying so hard to force a round peg into a square hole or vice versa? If we have an organization that's |
03:51:57.84 | Bep McDougall | creates a whole structure of a lease arrangement based on wishful thinking instead of a contract arrangement. That is suspect right there. When we talk about an untested nonprofit, this is what we're talking about. Wishful thinking. Oh my god, it turns out that he didn't want to do it after all, so now we're stuck for the money. And how feasible is it? Like when are we going to bottom out on red ink, and when are we going to see black? Every nonprofit has to stay alive. |
03:52:25.46 | Bep McDougall | You start a nonprofit as you would start any business. |
03:52:29.06 | Bep McDougall | And it runs like any business. Its funding models differ. |
03:52:33.48 | Bep McDougall | That's the only difference. And it seeks to do programs. And in its own way, there are corporations, private corporations that do their own programs too. |
03:52:42.79 | Bep McDougall | I just think we have to be realistic about this. When does the city say enough? |
03:52:51.49 | Dennis Conway | I'm Anderson. |
03:52:52.80 | Tom Anderson | Thank you. |
03:52:54.10 | Tom Anderson | Wow. So I'm here as a supporter of the Center for the Arts. I've lived and owned property in South Florida for 35 years. And now the SCA is, I think, a great use for that building. It's brought much interest and activity to the downtown area. Please keep in mind that the SCA is still a startup. |
03:53:13.90 | Tom Anderson | Its operation needs the support from the city and the council. |
03:53:18.03 | Tom Anderson | to keep the level of programming up. I urge you to read |
03:53:23.18 | Tom Anderson | I urge you to read a piece which is featured today in the Independent Journal that says bolstering large startups will improve economic future. |
03:53:23.19 | Unknown | I heard you. |
03:53:33.20 | Tom Anderson | Art sales and contributing benefactors do not bring in enough remedy to sustain operation. |
03:53:39.27 | Tom Anderson | as it is today. |
03:53:40.83 | Tom Anderson | We are a startup. |
03:53:42.58 | Tom Anderson | SCA is paying all the interest on the loan and the city has no staffing or maintenance expenses with the current arrangement. |
03:53:49.45 | Tom Anderson | The activities the SCA has programmed for the past two years includes diversity and quality. The exhibits and the events, along with their media promotion, has certainly benefited the downtown businesses and added revenue well beyond the rent that SCA has been paying. |
03:54:00.44 | Unknown | business |
03:54:06.63 | Tom Anderson | The building is old and needs work. |
03:54:09.48 | Tom Anderson | I urge you to consider a fair lease that |
03:54:11.71 | Tom Anderson | helps the SEA thrive |
03:54:14.07 | Tom Anderson | I feel a 10% increase per year for the $4,000 rent is fair. |
03:54:19.91 | Tom Anderson | the |
03:54:20.65 | Tom Anderson | Elevator, as you say. |
03:54:23.23 | Tom Anderson | Please consider the benefits to have an art center downtown versus an empty bank building and some retail business that would not add to the image of Sausalito. |
03:54:32.33 | Tom Anderson | Do not be afraid to stand up to the naysayers. |
03:54:35.25 | Tom Anderson | support the art and cultural center and bring |
03:54:38.47 | Tom Anderson | that brings people together. Today, we need that more than ever. Thank you. |
03:54:45.44 | Mr. City Clerk | We have Shiva Pactao, then Steven Woodside. |
03:54:54.13 | Shiva Pactao | Mayor, City Council members, thank you for |
03:54:57.84 | Shiva Pactao | hearing, having this hearing and the audience. |
03:55:01.22 | Shiva Pactao | um |
03:55:02.33 | Shiva Pactao | I |
03:55:03.87 | Shiva Pactao | You know, with the help of our board and 350 volunteers that work day in and day out at SCA, |
03:55:12.68 | Shiva Pactao | we've created a dynamic and unique center that is being recognized way beyond Marin County |
03:55:21.59 | Shiva Pactao | from all nine counties of the Bay Area. And with the 44 events to date this year, |
03:55:29.72 | Shiva Pactao | an average of a thousand people per week that come through SCA. So many of them are locals, Marin locals and Sausalito locals. We've, you know, we've had to have eight full-on exhibitions and a lot of affection from people who come in the space and they see the exhibitions and the art. So we're becoming a really well-known center in the Bay Area. So in the past three months, SCA was in 12 full-on articles, newspaper articles, radio, television, all kinds of media about SCA. So now we have the momentum. We really feel that we have the momentum and we have a plan to grow. We've started a membership program just recently, which is going to bring, you know, approximately $15,000 a year to |
03:56:30.52 | Shiva Pactao | We are really focusing on grant and donations. We think this year we're going to get to $100,000 a year. We've been selling tickets to different events. This last week, we had three events, night events. Although we were open in the morning, we were also doing night events. Our sales target is going to be up by another $4,000 a month. |
03:56:58.57 | Mayor Kamele | Thank you. |
03:56:58.79 | Mr. City Clerk | Thank you for coming. |
03:57:00.37 | Mr. City Clerk | Stephen Wetzel, followed by Dan Christ and Louis Brionis. |
03:57:06.13 | Stephen Woodside | And speaking of events, just this month was the plein air art. 20 artists, 19 or 20 artists from mostly outside of Sausalito came and stayed here for a week, parked here for a week, painted these amazing paintings. There's, I think, 93 that were painted just in that week, and they're on display now, and that continues until the end of the month. This is not just about the economics. It's about the art. |
03:57:38.34 | Stephen Woodside | And Christ. |
03:57:42.26 | Brandon Phipps | Bye. |
03:57:42.53 | Dan Christ | It's a great day. |
03:57:42.56 | Brandon Phipps | It's, |
03:57:43.05 | Dan Christ | actually, Chris, but I will claim to be a distant relative nonetheless. |
03:57:48.89 | Dan Christ | I'm the, for those who might know, I am the treasurer of the Sausalito Center for the Arts, also treasurer of the nearly defunct |
03:57:56.96 | Dan Christ | Sausalito Art Festival. |
03:57:58.81 | Dan Christ | Foundation. |
03:58:00.15 | Dan Christ | And in that role, |
03:58:02.14 | Dan Christ | I know more about the financial affairs of this organization than anybody in the room. |
03:58:06.62 | Dan Christ | And so I'd hope the council would listen to me. |
03:58:08.82 | Dan Christ | I'm going to talk about four facts and if I have an opportunity, a prophecy. |
03:58:12.80 | Dan Christ | The first fact is at $11,000 a month, |
03:58:15.97 | Dan Christ | if our rent increases. |
03:58:17.83 | Dan Christ | effective of August, |
03:58:20.21 | Dan Christ | We will not make a profit this year. |
03:58:23.75 | Dan Christ | It will wipe out what I anticipate. |
03:58:26.18 | Dan Christ | will be the second year profits of an organization. |
03:58:29.69 | Dan Christ | like many sophomore students, |
03:58:32.00 | Dan Christ | Startups. |
03:58:33.76 | Dan Christ | usually come back to reality in terms of its gross receipts, 75% of which relate to benefactor contributions, foundations, |
03:58:43.36 | Dan Christ | corporations, and individuals. |
03:58:46.21 | Dan Christ | The second fact is |
03:58:47.72 | Dan Christ | At $133,000 a year, essentially $11,000 a month. |
03:58:51.92 | Dan Christ | In 2025, it'll represent about |
03:58:54.92 | Dan Christ | 62% of our overhead. |
03:58:57.37 | Dan Christ | There isn't an organization I've ever been familiar with as a CFO for over 40 years. |
03:59:02.70 | Dan Christ | that can afford base rent, let alone utilities and repairs on top of it of about $30,000. |
03:59:08.52 | Dan Christ | It simply is. |
03:59:10.11 | Dan Christ | uh, |
03:59:10.70 | Dan Christ | an overbearance. |
03:59:12.25 | Dan Christ | of expanse to be committed to. |
03:59:14.28 | Dan Christ | The third fact is |
03:59:15.80 | Dan Christ | If we don't have profit going forward, |
03:59:18.38 | Dan Christ | The next couple of years, there is no way that we can reinvest in the organization. |
03:59:23.25 | Dan Christ | And the last fact is |
03:59:25.50 | Dan Christ | That lease was negotiated in a |
03:59:28.15 | Dan Christ | Data vacuum. |
03:59:29.85 | Dan Christ | All of the information was in the hands of the city council |
03:59:32.81 | Dan Christ | and nothing in the hands of the negotiators for the SEC. |
03:59:36.05 | Dennis Conway | We didn't have... |
03:59:36.30 | Dan Christ | We didn't have a business plan. We had no factual history. |
03:59:39.93 | Dan Christ | Keep that in mind as you evaluate this going forward. Thank you, sir. |
03:59:45.02 | Mr. City Clerk | Luis Briones. |
03:59:53.02 | Luis Briones | Good evening, I'm Luis Briones, and as you know, I'm a member of the board of the Sausalito Center for the Arts. I'd like to talk about a community benefit that I haven't heard mentioned, maybe a little bit by Shiva. |
04:00:06.10 | Luis Briones | So through its diverse range of events, SEA consistently generates positive press, both for the center and for the city of Sausalito. While most of this publicity comes from local news outlets, SEA has also garnered national attention already. It was featured in The Guardian as one of the best U.S. exhibitions and art events for Pride Month and highlighted in the New York Times as one of your favorite places to see art in California. |
04:00:40.39 | Luis Briones | As you know, the city recently cut its advertising contract with Creative Digital Agency, CDA. I believe that contract was about $82,000 a year. So this marketing organization was hired to promote the city of Sausalito. |
04:00:57.42 | Luis Briones | As a key part of its marketing strategy, SCA promoted Sausalito events and a large percentage of the events it promoted were produced by SCA at no cost to the city. |
04:01:10.01 | Luis Briones | thus helping the city meet its marketing objectives |
04:01:14.44 | Luis Briones | With the contract between the city and CDA now discontinued due to budgetary constraints, SCA remains a key source |
04:01:23.56 | Luis Briones | publicity for the city and no cost to the city because SCA produces its own marketing. As a matter of fact, CDA said that it would charge |
04:01:37.38 | Luis Briones | Sausalito Center for the Arts, $96,000 a year to replicate the marketing that the Sausalito Center for the Arts is doing now. |
04:01:49.00 | Luis Briones | marketing that clearly benefits the city of Sausalito. |
04:01:55.75 | Luis Briones | Community benefit, yes. |
04:01:59.16 | Mr. City Clerk | Thank you. |
04:01:59.69 | Mr. City Clerk | Ron Albert. |
04:02:04.76 | Mr. City Clerk | Okay, John. Oh, he's on Zoom now. Okay, so... |
04:02:07.33 | Mayor Kamele | Well, let's finish with everyone in the room. Is there anyone else in the room? |
04:02:10.67 | Mr. City Clerk | Peace. |
04:02:11.33 | Mr. City Clerk | Yeah, we do. We have several people. We have Kate Carlson. |
04:02:12.04 | Mayor Kamele | certain people. |
04:02:14.40 | Mayor Kamele | Maybe we just have people line up in a row and introduce yourselves. We've been along. Thank you, Mr. City clerk. So, |
04:02:23.26 | Kate Carlson | Good evening. Thank you for having us. And I am an artist, number one. Number two, the founder of Marin Open Studios in the 90s. |
04:02:33.92 | Kate Carlson | and the current executive director of Marin Open Studios, as well as being on the board of SCA. |
04:02:40.51 | Kate Carlson | And, |
04:02:41.18 | Kate Carlson | I know a lot about the county and the activity of artists in this county. |
04:02:46.97 | Kate Carlson | And I've had a studio here in Sausalito for 30 years. So why am I on the SCA? Why am I fighting and giving all of my time to it? It's because I really believe that Sausalito deserves an art center. |
04:03:04.33 | Kate Carlson | And I really see the value of it to the rest of the county, to the artists in the rest of the county. |
04:03:11.49 | Kate Carlson | I have a history of being in the Sausalito Art Festival and I just got a commission. |
04:03:16.32 | Kate Carlson | A few days ago from someone |
04:03:18.22 | Kate Carlson | What a piece of |
04:03:19.61 | Kate Carlson | a painting for me |
04:03:20.64 | Kate Carlson | In 2016, |
04:03:23.13 | Kate Carlson | at the Sausalito Mart Festival, a big commission. |
04:03:28.58 | Kate Carlson | This activity helps artists to survive in this county. |
04:03:33.95 | Kate Carlson | And I could not be surviving without Sausalito and its reputation for drawing people here. |
04:03:41.80 | Kate Carlson | It's so important. |
04:03:44.08 | Kate Carlson | The other thing is that we don't really have the use of a lot of the center because it is in bad condition. It smells right now. |
04:03:52.21 | Kate Carlson | There are broken bathrooms upstairs. The triple net lease is not a feasible thing for us to be doing, to take care of that building and to make sure that we present Sausalito in its best way. I've been at the SCA constantly. I produced the Paint Sausalito show. I was the co-chair of it. |
04:04:19.73 | Kate Carlson | right now. |
04:04:20.73 | Kate Carlson | And |
04:04:22.36 | Kate Carlson | We bring value. We bring economic impact. Thank you so much. |
04:04:28.66 | Mr. City Clerk | Just if anybody wants to be identified for the record on the minutes, please say your name before you start. |
04:04:35.58 | Hank Baker | Hi, Hank Baker. This discussion is really the reason why, another reason why you need a professional broker. We're casting about in a whole bunch of maybe... |
04:04:44.89 | Hank Baker | incorrect information. |
04:04:46.76 | Hank Baker | The basis for this lease was a post-COVID economy. |
04:04:51.96 | Hank Baker | the $3 and 61 cents or whatever it was per foot. |
04:04:55.52 | Hank Baker | That's changed dramatically. |
04:04:57.41 | Hank Baker | And it took two years to lease this property on top of it. |
04:05:02.95 | Hank Baker | The setting the lease rate based on debt service is also completely illogical and not done in the private industry. |
04:05:10.56 | Hank Baker | All you did was choose to leverage into this building. |
04:05:14.09 | Hank Baker | the logic of having the lease represent the debt service, the counter to that would be, well, why don't the city just pay all cash |
04:05:22.84 | Hank Baker | and then you have no debt service, so the rent's free. |
04:05:26.98 | Hank Baker | That doesn't make any sense either. |
04:05:29.53 | Hank Baker | that your debt service is largely principal pay down. |
04:05:33.81 | Hank Baker | That's a savings account. |
04:05:36.33 | Hank Baker | It's not an expense. Take a look at your real cost. It's just your interest, not the principal pay down. |
04:05:43.42 | Hank Baker | And... |
04:05:44.97 | Hank Baker | Thank you. |
04:05:45.54 | Hank Baker | The building condition has been suggested. The building is in bad shape. It needs a lot of work. |
04:05:51.26 | Hank Baker | The comparables for the Wells Fargo building here, or the Bank of America building in |
04:05:57.35 | Hank Baker | in in mill valley are not correct they're beautiful historic buildings this is a very very nice modern box that needs a lot of help it's it's it's not it's apples and oranges and finally shiva and her group her volunteers are doing a tremendous job |
04:06:13.79 | Hank Baker | I know all of you have been to some of their events. They get better and better every month. And I think that you need to give them a chance to continue that process over the next several years. It'll be a wonderful, wonderful gem, community gathering place in downtown Sausalito. |
04:06:32.74 | Unknown | Good evening, council members. My name is Kit Hayes and, um, |
04:06:38.04 | Unknown | You know, there's been so much discussion this evening about how to navigate all of the leases that the city has. And I would agree, actually, with Councilmember Hoffman that it does feel unfortunate that we're discussing what to do about the SCA when there isn't a uniform policy in place regarding the. |
04:06:42.09 | Unknown | and we can't. |
04:06:53.26 | Unknown | how you're going to |
04:06:55.10 | Unknown | lease out all of your nonprofits and what community benefit means. |
04:06:59.07 | Unknown | That aside, we have suggested that we would pay a flat rent of $6,000 per month, |
04:07:03.94 | Unknown | until the lease expires. At that rent, the SA will be paying all the interest, as Chad pointed out. |
04:07:09.63 | Unknown | On the city's loan to purchase the property, plus over $30,000 a year towards the purchase of the building, which is appreciating all the time. It's a great piece of real estate right there. |
04:07:18.50 | Unknown | Realizing we signed a lease for $11,000, I do ask the city to reconsider the lease and partner with the SCA given the immense economic, social, and cultural value the SCA has created in its very, very short life. |
04:07:30.50 | Unknown | I'd personally love to work with the city to make the SCA and the Bank of America building as valuable as it can possibly be. |
04:07:36.92 | Unknown | I see substantive potential to work together to scale the success of the SCA and drive even more business to our local restaurants, bars, and hotels. |
04:07:45.42 | Unknown | Let's continue to make the SCA a hotspot in the region and pull in as much money in press as we possibly can. I cannot believe we got the New York Times, who honestly doesn't like to cover California positively ever. |
04:07:56.90 | Unknown | to cover us in its first year. That is astounding as a former New Yorker, I will say. I'm still shocked by that. |
04:08:02.78 | Unknown | With support and partnership from the city, the SCA will be in a strong position to pursue our membership program, which I'd love to invite everyone who's listening to the meeting to join. You can sign up on our website. |
04:08:13.38 | Unknown | and other revenue streams like a potential endowment, ongoing site rentals, art sales, and ticket sales. |
04:08:20.39 | Unknown | Also, I do want to make it clear that we're talking about a 50% increase in our rent, and that still is only a 7 percentage points of your overall deficit. So this is like a huge burden to us to help pay for the projected SCA deficit, and I'd really love to see other ways to... |
04:08:37.80 | Unknown | Thank you. Raise money. |
04:08:37.82 | Unknown | Thank you. |
04:08:38.04 | Anthony Hay | Thank you. |
04:08:38.24 | Anthony Hay | Thank you. |
04:08:38.86 | Unknown | Thank you. |
04:08:38.88 | Anthony Hay | Thank you. |
04:08:44.64 | Anthony Hay | I am Anthony Hay, a resident of Sausalito. I frequently go to SCA, and I think it's a big... |
04:08:53.06 | Anthony Hay | Plus, for the city of Sausalito to have an art center, instead of having these junky t-shirt shops, I think Sausalito needs to look long term about the image of the city. This is a positive thing for the image of the city. And you should not look at it as a real estate deal based on rents. For example, Kushner-Wakefield says $3.60 a foot. |
04:09:19.42 | Anthony Hay | They don't say how much TI's you have to spend to get a tenant, how long you have to get free rent. |
04:09:26.45 | Anthony Hay | And I agree with you, gentlemen, before, the market has completely changed. In San Francisco, the mayor of San Francisco gives stores free rent just to create people to go to a certain part of the city. And in the Bank of America building, they got this museum, completely free rent, just to create traffic. So I think you should not think of economics. You should think, as the city manager said, it's a rupee cube. You have to look at the other benefits it has for the city. Thank you. |
04:10:06.80 | Bep McDougall | Hello. |
04:10:07.24 | Diane Johnson | Thank you. |
04:10:07.63 | Diane Johnson | My name is Diane Johnson, and I'm a longtime Sausalito resident. I feel that the SCA is an asset to the city, and it is beyond talking about dollars and cents, and it brings so much goodwill to the city. We have international tourists come. I've seen so many people. I've met people there. I've enjoyed the art and the music and the cultural programs. I think it's really important to our city. And Sausalito was originally defined by art and the Sausalito Art Festival, which is no more. The studios at the ICB are very expensive and artists are really struggling to make it in this expensive economy. And I think if you talk about kicking them out or charging them more money, then we're going to have another empty storefront. The Wells Fargo is empty. The Chase Bank is empty. There's so many empty buildings, and that doesn't look good when people come here to see our city, and it doesn't make them want to come back. And I think the SCA did a lot of repairs to the building. They have increased the appreciation of the building. They came in during COVID time and survived, and that was not easy. And I just think that they're good tenants and good tenants are really hard to find. And I have a little unit in my house and the people who rent that unit, they're paying a lot less than market value, but they're good tenants and they take care of the place. And it's a, it's a good thing. And if we end up losing the SCA, I'm, |
04:11:52.84 | Diane Johnson | we'll have another empty building, and we'll have months with no income from that building. So I think that the benefits of art and culture are really important to Sausalito, and we need to preserve that. Thank you. |
04:12:09.40 | Raylene Gorham | Good evening. Thank you, council members, again, for hearing from the community about the immediate impact that SCA has brought forth in its first year of operations. And consequently, for your consideration of the future financial sustainability of this local institution. Raylene Gorham here, resident SCA board member, but tonight I'm speaking to you as someone deeply engaged with the power that art wields in the context of community. I just wanted to offer a slightly different angle from which to view the issue. If you're at all inclined to support the arts and artists in our community and all of the cultural and business affirming activity that that brings, I'd like you to consider this. |
04:12:58.13 | Raylene Gorham | A rent model which aims to squeeze a few thousand extra dollars out of this property will impact the caliber and range of art and cultural activities that the SCA |
04:13:09.17 | Raylene Gorham | and Sausalito will be able to bring |
04:13:12.53 | Raylene Gorham | to our community. |
04:13:13.98 | Raylene Gorham | Sausalito does not need another pay-to-play or vanity gallery model in our downtown. |
04:13:20.78 | Raylene Gorham | It is hard to see how the diverse range of programming currently offered will not be affected by this dramatic increased rent. |
04:13:29.57 | Raylene Gorham | Art and events will be driven by the bottom line instead of what they bring to our collective experience and reputation. You have before you a moment to truly support the arts, the capital A arts, and the benefits they bring to all. |
04:13:44.64 | Raylene Gorham | and not have the center vault victim to a tired trope of cultural institutions succumbing to the pressures of economic swings. Thank you. |
04:13:57.21 | Carolyn Rebell | Hello again, Carolyn Rebell. I see the Sausalito Center for the Arts as a unique use of a building in the center of the town, which the city was, in its wisdom, purchased. And the art that we see in this wonderful building |
04:14:14.96 | Carolyn Rebell | There's a synergy between the location of |
04:14:18.32 | Carolyn Rebell | the Art Center and the other wonderful things that are going on in town, |
04:14:22.49 | Carolyn Rebell | very landing and |
04:14:24.02 | Carolyn Rebell | the Business Improvement District, and I think that the time is now to support this building. I loved Brandon's exploration of alternative uses in this public institutional zone, which might bring in a little extra revenue, perhaps a little cafe could be used if the zoning allowed that to bring in some revenue. But the basic point is this is the right location for this, the right use for this location. And I do hope you'll support a rent approach that will make it possible for them to survive. Thank you so much. |
04:15:00.05 | Adrian Brinton | Hi again, Adrian Brinton. So I do just want to make a couple of quick comments about the financial side of this, because there's been a lot of great discussion about our |
04:15:08.46 | Adrian Brinton | kind of deficits and about the deficit issue that we're facing and how we address that. |
04:15:15.48 | Adrian Brinton | You know, we're not a broke community. We have a lot of assets. We own a lot of property and we have a lot of great assets in terms of our location and other things, natural beauty, etc. What we are is operationally, we're struggling a bit. And we need to increase our revenues in order to pay for the operational costs of running the city. How are we going to do that? You know, it really sounds like there's two fundamental things. |
04:15:41.47 | Adrian Brinton | fundamentally kind of different approaches on the dais and on our city council. One is to really look at how we look at every penny, which is super important, and I don't disagree with it all, but also to pull back on any penny that we can and kind of really keep a strong focus on that side of it, which is important. The other side is to look at how do we invest the resources we have in order to grow our economy and actually have more activity so that we can increase the revenues that we're bringing in that way. And I think when I look at the SCA and I look at the other changes we're making downtown this year, |
04:16:18.66 | Adrian Brinton | That's all in the interest of growing our economy and making it so that we're actually taking this money, we're investing it into our city. |
04:16:24.28 | Adrian Brinton | And we're making our city better and we're earning more money that way. And I feel like we've missed that a bit in the discussion. We've talked a lot about the artistic history. |
04:16:32.43 | Adrian Brinton | the artistic value that the SCA brings, which I totally agree with. |
04:16:36.04 | Adrian Brinton | But I think also, |
04:16:37.46 | Adrian Brinton | It's a key component of our vibrant downtown. And if we support this startup now and we allow it to grow and growing a startup is really, really hard. I've seen how much work these guys put into it. It's an unbelievable amount of work. It's going to pay us dividends and that will help us address our deficits in the long term. |
04:16:55.56 | Adrian Brinton | Thank you. |
04:17:01.17 | Dennis Conway | Dennis Conway, the idea of having the city manager go out and see if he could find space that the SEA could use just doesn't make any sense to me. And I say that simply because I could just see when people come off of the ferry saying, oh, so where's the SEA? And I said, well, so what you do is you go on Bridgeway, you walked out about three miles, and then you turn right and then |
04:17:34.63 | Dennis Conway | Not too far, but if you see someone there, that's probably where it's at. |
04:17:40.74 | Dennis Conway | I mean, it's just not going to work. |
04:17:43.88 | Ted Barton | Thank you. |
04:17:48.48 | Mayor Kamele | I believe you already made public comment, no? |
04:17:51.32 | Bep McDougall | Well, does your unofficial but somehow official policy preclude citizens from speaking more than once? |
04:17:55.06 | Mayor Kamele | That includes citizens from speaking. |
04:17:56.48 | Mayor Kamele | Thank you. |
04:17:57.19 | Mayor Kamele | I'm afraid you already made public comment. |
04:17:58.07 | Bep McDougall | Yes. |
04:18:00.53 | Mayor Kamele | Thank you very much, Ms. McDuffie. |
04:18:01.76 | Bep McDougall | Does the policy do it or doesn't? I mean, in our former years, it was not a problem. |
04:18:08.23 | Mayor Kamele | You're not allowed to make that full public. |
04:18:10.45 | Bep McDougall | You're not allowed to address more than two minutes. Any given agenda item is what your policy says. When are we going to read this policy? |
04:18:19.11 | Bep McDougall | Well, let me see a copy of it. |
04:18:20.39 | Mr. City Clerk | of |
04:18:20.92 | Mr. City Clerk | Can we have the next speaker, please? Thank you. |
04:18:24.22 | Lorna Newlin | on her agenda. |
04:18:28.71 | Lorna Newlin | Hello, Lorna Newland. I spoke earlier on the other thing about rents. Now, in February, I spoke on behalf of the SCA and all the good that they had done. And at that time, the council decided that |
04:18:45.23 | Lorna Newlin | to put it back to staff |
04:18:47.16 | Lorna Newlin | for six months |
04:18:48.84 | Lorna Newlin | and come up with some answers. |
04:18:51.27 | Lorna Newlin | And then |
04:18:52.66 | Lorna Newlin | The same day I found out that the chamber... |
04:18:55.66 | Lorna Newlin | was going to lose its |
04:18:58.21 | Lorna Newlin | space because their rents are exorbitant, |
04:19:00.96 | Lorna Newlin | I went into the SCA and found out |
04:19:04.52 | Lorna Newlin | Before any negotiations, they had already received an increased rent letter to $11,000. |
04:19:11.49 | Lorna Newlin | So I wanted to come again. It's just a matter of, |
04:19:15.95 | Lorna Newlin | This probably should have not been in public, but they, as everybody says, they have done so much for this town. |
04:19:23.62 | Lorna Newlin | And it's hard to be an artist, believe me. I do it because I love it. |
04:19:28.13 | Lorna Newlin | And, and I, |
04:19:30.12 | Lorna Newlin | teach and I contribute, but this is something that I've been juried into a few shows there and the boutique and |
04:19:37.88 | Lorna Newlin | As part of the lease, |
04:19:40.23 | Lorna Newlin | the city is allowed to use that space. And I believe that's what the holiday market has been, which has been great for me. |
04:19:46.69 | Lorna Newlin | and great for the community that people can come and see so many local artists selling there at holiday time. Mr. Zapata has come every time that I've been there and I really appreciate, and a lot of the council people, I appreciate seeing your smiling faces there, but this is a jewel and |
04:20:07.72 | Lorna Newlin | It is about rents market rate. There are so many things |
04:20:12.83 | Lorna Newlin | Empty storefronts down there. It doesn't look good in our town. And... |
04:20:18.03 | Lorna Newlin | I think when you're talking about the whole square footage about that, it sounds like the upper floor is not even viable. But anyway, I just hope you will do what they had that recommended. Thank you. |
04:20:33.20 | Mr. City Clerk | All right. We have Ron Albert online. |
04:20:41.79 | Unknown | You know? |
04:20:44.47 | Unknown | Okay. |
04:20:45.53 | Paul Albritton | Yes. Hello. I'm sorry I couldn't be present. I'm still recovering from a cold. |
04:20:52.35 | Paul Albritton | Um, |
04:20:52.94 | Paul Albritton | Quickly, I |
04:20:56.76 | Paul Albritton | I was retained by the board of SCA. I was not a member at the time in early 2022. |
04:21:04.91 | Paul Albritton | I represented it through the entire lease negotiations. I'm very familiar with it. |
04:21:10.61 | Paul Albritton | Uh-huh. |
04:21:11.44 | Paul Albritton | the what Joan Cox, council member Cox, or excuse me, vice mayor Cox recited was the correct history. Um, |
04:21:22.98 | Paul Albritton | The discussion was always that SCA would pay $4,000 a month from |
04:21:29.06 | Paul Albritton | January, February, |
04:21:31.00 | Paul Albritton | Up until July 12th. |
04:21:34.14 | Paul Albritton | And there were separate parallel lease negotiations going on with Ogeo, |
04:21:39.92 | Paul Albritton | And that's where the city hope to make significantly more money. |
04:21:44.11 | Paul Albritton | SVA entered the building under a temporary license agreement to activate the building. |
04:21:51.16 | Paul Albritton | for the benefit of the city. |
04:21:53.44 | Paul Albritton | And then on July 12th, the council met and said, we're ready to sign the lease, but we want the rent to go from 4,000 |
04:22:02.94 | Paul Albritton | to 11,000. |
04:22:04.98 | Paul Albritton | SCA was faced with a choice at that time. |
04:22:08.49 | Paul Albritton | whether to exit the building, cancel all the programming that is scheduled through the end of the year, |
04:22:15.31 | Paul Albritton | or make a good faith effort. |
04:22:17.35 | Paul Albritton | to pay that rent increase. |
04:22:20.19 | Paul Albritton | The board has made that good faith effort and continues to make an effort |
04:22:25.70 | Paul Albritton | to raise more money. |
04:22:27.51 | Paul Albritton | But |
04:22:28.35 | Paul Albritton | That was not their original plan. That was not the original negotiation. |
04:22:34.19 | Paul Albritton | And the board has always acted in good faith, to my knowledge. I joined the board at the conclusion of those lease negotiations and donated my legal time to the board. |
04:22:48.39 | Mayor Kamele | Thank you. |
04:22:50.88 | Mayor Kamele | No further speakers. |
04:22:51.84 | Mayor Kamele | All right, we'll close public comment then. |
04:22:54.24 | Mayor Kamele | Bring it back up to the dais. |
04:22:56.65 | Mayor Kamele | I guess I'll kick things off. I'll just say, you know, uh, |
04:23:00.99 | Mayor Kamele | The primary business of South Slater is to take care of the safety and welfare of the town. And we spend the vast majority of our money on our police and our infrastructure. |
04:23:09.67 | Mayor Kamele | and our core services, but we also do have discretionary spending. Uh, |
04:23:14.19 | Mayor Kamele | The chefs at the chili cook-off are gonna get $150 each to buy beans and spices. |
04:23:22.00 | Mayor Kamele | It's not making anyone any money. |
04:23:24.36 | Mayor Kamele | we literally blew $25,000 of cash up at the Fourth of July fireworks. They cost $35,000, but we only got $12,000 in donations. Previous year, same thing. So $25,000 |
04:23:38.22 | Mayor Kamele | burning the money up. I had a great time at fireworks. I think fireworks are popular. I think we all support fireworks. It's what we choose to do because it's to celebrate the country and to celebrate ourselves in our community. It also happened probably to make some money in the same derivative way we're talking about SCA helping make some money by bringing people to downtown and paying to park. |
04:23:59.97 | Mayor Kamele | But you can't prove it. |
04:24:01.62 | Mayor Kamele | Uh, |
04:24:02.91 | Mayor Kamele | what you |
04:24:04.76 | Mayor Kamele | When we look at other leases in town, we've seen plenty of examples where we've made choices to ask for less than the absolute maximum because it serves a secondary purpose. The Yacht Club, which I'm a member of and love, their lease is $150,000. |
04:24:21.43 | Mayor Kamele | for that to get the buoys, the big building, and by the way, a parking lot with 18 spaces, which I understand are worth roughly $4,000 each a year. So that means their net payment for the building, for the parking lot, beyond the parking lot, would be about $78,000. So just roughly a little less than twice what the SCA is paying. |
04:24:45.21 | Mayor Kamele | Why is that? Because the yacht club, even though it's a private club, it's open to anyone to join. It does a youth sailing program. It's where we all go to drink after the jazz by the bay. It's intrinsic to our community. It's part of our social fabric. |
04:24:58.44 | Mayor Kamele | it's perhaps not exactly the same people as the 350 people who volunteer at SCA, but there is probably some overlap, but it's probably similar in terms of its social knitting. And at year two, that could just be the beginning of the SCA. Compare that at least to, let's say, Spinnaker Restaurant, which is $450,000, for also a waterfront location, no buoys, but that's purely commercial. Or the Ice House next to the SCA building, $1.00. |
04:25:26.74 | Mayor Kamele | One dollar. That building surely we could rent to a crepe creperie or an ice cream shop and make more money. But we don't because, and I'm a member of the Historical Society too, we want to celebrate our history. We want to show ourselves off. The volunteers in the community are there doing something that represents the city. Now, all these services, |
04:25:48.31 | Mayor Kamele | celebrating our history, |
04:25:49.86 | Mayor Kamele | providing a youth sailing program. |
04:25:52.44 | Mayor Kamele | providing arts could be a service of the government, much like our parks and rec is a service of the government. We pay for it. |
04:26:00.24 | Mayor Kamele | We do take revenue in from parks and rec but it still costs us something it doesn't generate revenue cost of something to do parks and rec and and |
04:26:09.84 | Mayor Kamele | all these other things if the historical society or the |
04:26:13.69 | Mayor Kamele | arts or the youth sailing program were done by the city, it would cost us something would be in our budget. Instead, we get all these things for free because volunteers do them with some partnership with the city. |
04:26:25.67 | Mayor Kamele | And that's what the SCA is proposing to do. And it's in that vein that I think charging them a rent that is discounted in sort of the same way we do in these other examples, the dollar for the ice house or the discounted rent for the Yacht Club makes sense. It's fair, it's consistent, and it's part of our mission and we can afford it. |
04:26:45.07 | Mayor Kamele | If we charge the SCA $11,000, even eight, we'll be pretty much guaranteed that we'll either put them out of business or make them so anemic that they will fail on their own and not provide the kind of quality program we're talking about. But you know what we won't do? |
04:26:58.41 | Mayor Kamele | We won't fill one pothole. We won't pay one inch of street because we have $5 million in our CIP account right now waiting to be spent. We have more than 2 million a year allocated with Measure L to go into that bucket. And the dollars just aren't big enough there |
04:27:14.28 | Mayor Kamele | I agree philosophically, if we changed our whole philosophy across town and charged everybody market rent, now that would make a difference. But I don't see why the first people we should pick on are the artists. |
04:27:25.46 | Mayor Kamele | I think that art is intrinsic to the brand of Sausalito. It's part of our quality. It's who we are. It's what brings us together. It's worth fighting for. |
04:27:34.72 | Mayor Kamele | making at least as much a priority as some of the other things that I made mention of. So it is a qualitative choice. At the end of the day, I fully respect |
04:27:43.23 | Mayor Kamele | both my neighbors who feel differently and my colleagues who feel differently. |
04:27:47.36 | Mayor Kamele | They have a different point of view. |
04:27:49.99 | Mayor Kamele | And that's why you have a democracy, and that's why, you know, three people want to go to the beach and two go to the mountains. Well, you have a vote and you end up going to the beach. So it's not about moral right or wrong, but it is about ultimately choices. And my choice and my advocacy is the most extreme, I guess, keep the rent the same. Let all the money. |
04:28:07.48 | Mayor Kamele | that would be instead |
04:28:09.26 | Mayor Kamele | the little crumbs that would be on top of the big pile of cash that we have on our balance sheet go back into the SEA so that it can do more programming, so that it can take care of the building, maybe paint the building. |
04:28:22.48 | Mayor Kamele | all I would advocate |
04:28:24.28 | Mayor Kamele | You know, that's what I would see, is that it would be a virtuous cycle to help our organization and our town. It's on brand. It's the kind of thing that 20 years from now, people couldn't imagine we didn't do. So I would keep the rent the same. I would just make two suggestions, one, or make that two conditions of that keeping the same. It's that we require that the SCA paint the building within eight months. And with the rent certainty, they would be able to budget for that. I think they should have a mural competition and do something amazing that really stands out. |
04:28:59.77 | Mayor Kamele | And the second is I think they should increase the representation from the city of Sausalito on their board of directors. Currently it's one. I think it should be three. And those would be my two suggestions and keeping the rent the same. Thank you very much for the indulgence of my colleagues. Those are my comments. |
04:29:20.04 | Unknown | Yeah, sure, I'll dive in. Yeah, happy to. Thank you, Mayor. Thank you, everybody, for being here. |
04:29:26.60 | Unknown | Kind of think we're having the wrong conversation entirely. So let me offer you a middle way. |
04:29:31.38 | Unknown | UM, |
04:29:32.36 | Unknown | Let's all stipulate SCA is great. |
04:29:34.57 | Unknown | Shavu, you're amazing. You've done fantastic things. We've all been there. |
04:29:35.80 | Unknown | Yeah. |
04:29:35.97 | Susan Kendall | you. |
04:29:38.82 | Unknown | I don't think that's the issue. I heard the CFO say we had no business plan. |
04:29:45.16 | Unknown | And so for those who are trying to recall how we got here, we had an open process. We were presented by the committee with three ideas. We were told they were fully-baked business plans. We were told how they were going to pencil out. We had other options. We picked this because we were given a business plan. And then we were told, well, it's a startup, so we gave it some time. And sometimes startups have to pivot. And that's not unusual either. And so I think why I think we're having the wrong conversation is because we have a fiduciary duty. We are stewards of the land. We are stewards of this city. And I think it's actually a disservice to both SCA and the taxpayers to have this conversation around debt payment and renewal. And is that what we're trying to cover? First of all, everybody in the room knows we don't have a policy about how we are going to rent to nonprofits. You all know it because you've been very generously |
04:30:40.31 | Unknown | with us for seven hours. And so because we don't have that, we've been making assumptions about what the city wants or needs. I've also heard the building is in disrepair. |
04:30:49.69 | Unknown | I've heard there's no business plan. I've heard you can't afford the rent. I don't think anybody up here doesn't want the SCA. So it's our duty to actually change this conversation and make it better by offering up different opportunities. We didn't send it back to staff for the staff to come up with ideas. |
04:31:09.74 | Unknown | and delayed it for six months so the SCA could come up with ideas, right? And SCA, I think, did come up with ideas. You increase your programming, you reach out to staff and say, what happens if you change the zoning? What are the opportunities there, right? And so I think we need a more robust conversation about how we work harder to make it work better for SCA. And that's not a rent cut because obviously that business model is not working. It is actually taking a hard look at that area and figuring out what does SCA need to survive and what do we as owners of that building need to make sure that that building doesn't go into massive disrepair. I heard the bathrooms don't work. I heard it smells. I heard you can't go upstairs. I mean, we literally can't just tell SCA go at $4,000. Those things don't get fixed. So I actually think we have a much bigger task at hand on the council. And if we really want to have a partnership around it, we got to do a lot more work |
04:32:01.92 | Unknown | than simply keep a lower rent. I think we need to sit down and figure out how we make this work for that building, for the taxpayers, and for SCA. And so that's what I would offer up. I think that's the direction this needs to go in. I think that's a long-term sustainable and new, potentially, business plan. I've heard talk of a sort of a convention center vibe. People are looking for a place to gather, other uses. There's over 300 nonprofits in Sausalito. I'm sure many of them would like to be a part of this amazing community you've all created down there. So I hope we can have that conversation in that direction because if that building is in that disrepair that I'm hearing, this is not going to move in the right direction for us, no matter what the rent is. We actually have to help SCA in a bigger way. So those are my thoughts. |
04:32:52.90 | Mayor Kamele | The next. |
04:32:54.06 | Mayor Kamele | I can. Thanks, Mike. |
04:32:58.11 | Karen Hollweg | I was on the council that voted to buy the Bank of America building. |
04:33:01.98 | Karen Hollweg | And we knew at the time we purchased it that we were buying this property for less than market value. |
04:33:09.49 | Karen Hollweg | And we considered it to be an investment that would appreciate, and I believe it has. |
04:33:15.53 | Karen Hollweg | Um, |
04:33:16.51 | Karen Hollweg | I was not on the council that selected the SCA as the tenant, but I have heard Councilmember Hoffman speak quite eloquently and persuasively |
04:33:24.30 | Karen Hollweg | regarding the competitive superiority of that proposal over others. |
04:33:29.75 | Karen Hollweg | I still remember the first event in the plaza. |
04:33:33.15 | Karen Hollweg | It was one of the first gatherings in Sausalito following COVID. And the entire outdoor plaza was full of people. Council members, I saw the city manager there, Ann Arnott. I saw people I had not literally seen in years because of COVID. And so I was so inspired and encouraged by this community center fulfilling the purpose that I believe was envisioned. |
04:34:02.83 | Karen Hollweg | I think it is important that there has been a major change since the lease was initially negotiated that I believe merits an amendment to the lease. |
04:34:14.47 | Karen Hollweg | If you just read the lease, you see numerous provisions in there about the potential for a rooftop tenant and all of the provisions being made for accommodating that rooftop tenant, including a provision that would abate the SCA's rent during construction to accommodate the rooftop tenant. And so it's very persuasive to me that the first seven months of negotiations contemplated a $4,000 a month payment by SCA. And then the city put SCA in the untenable position after it already had licensed the facility, had been in the facility for three months, that now they said, oh, we're going to make you responsible for the entire $11,000. |
04:35:01.37 | Karen Hollweg | If we get another tenant, we'll offset your rent by the rent that we, that that other tenant pays. And so, you know, the SCA accommodated the city's needs. But I think what the mayor asked earlier was, |
04:35:16.71 | Karen Hollweg | is really important. |
04:35:19.86 | Karen Hollweg | when you |
04:35:20.81 | Karen Hollweg | when you buy a property |
04:35:23.17 | Karen Hollweg | you |
04:35:25.62 | Karen Hollweg | You know, you often don't have your tenant subsidize the entire cost of that property. You're investing in property because the property itself appreciates. |
04:35:36.22 | Karen Hollweg | You know, if we needed to, we could sell that building. And guess what? We would do a lot better selling that building with a tenant occupying it than if it was empty. |
04:35:46.59 | Karen Hollweg | And so |
04:35:49.53 | Karen Hollweg | I also was interested to hear Hank Baker point out that a benchmark for a lease rate should be the interest cost, not necessarily the principal pay down. So I really do think it's somewhat... |
04:36:05.54 | Karen Hollweg | unfair of the city to expect a nonprofit to defray the city's entire investment cost in this property. |
04:36:18.72 | Karen Hollweg | Um, I also believe the projections by the SCA are too modest. Um, I love that they get a thousand dollars, a thousand people a week as visitors. Um, I love that they are recognized nationwide by the New York Times and others. And so I believe they are consistently generating positive outcomes for the city of Sausalito that have value. So, um, |
04:36:50.13 | Karen Hollweg | A couple other things. I do want to acknowledge Shiva, who is the SCA's only paid employee and who's working at least 60 hours per week every day and works every day of the week to keep this facility on an upward trajectory. We heard from the community development director about zoning changes. |
04:37:11.36 | Karen Hollweg | I would like to be sure that if the SCA does sublease, and we have the right to approve any sublease, that it not sublease to a competing |
04:37:21.28 | Karen Hollweg | business like a coffee shop for example we have plenty of coffee shops i don't envision a coffee shop at the scaa i would have loved to see them |
04:37:31.01 | Karen Hollweg | enter into a partnership with the Chamber of Commerce, |
04:37:33.72 | Karen Hollweg | I believe those negotiations are ongoing. |
04:37:36.42 | Karen Hollweg | with the chamber being the front |
04:37:38.66 | Karen Hollweg | agency for other agencies like Golden Gate Bridge District, the tourist company, a taxi company, and other institutional types of uses that would be complementary to |
04:37:49.00 | Karen Hollweg | to SCA. So I know that there are still |
04:37:52.83 | Karen Hollweg | Um, |
04:37:54.03 | Karen Hollweg | irons in the fire that have not yet come to |
04:37:56.85 | Karen Hollweg | So what I'd like to see us do is increase the rent to the level. I'd like to see us execute a lease amendment. I'd like to see us increase the rent to the $6,000 that the SCA proposes. I'd like to have the city take over responsibility for capital improvements. I think that's an unfair burden. I think this triple net lease is unfairly burdensome for a nonprofit such as the SCA. |
04:38:25.22 | Karen Hollweg | um, |
04:38:26.42 | Karen Hollweg | And as the land owner, I'd rather see us undertake those capital improvements than the SCA. I think our lease should include profit sharing so that any year that the SCA actually makes a profit, they share some portion of that with us so that their success is ours. Those are my thoughts. Thanks. |
04:38:51.59 | Karen Hollweg | That's welcome. |
04:38:52.81 | Unknown | I believe that the chamber is no longer interested in that facility. |
04:38:56.60 | Karen Hollweg | No, they are still interested. They just don't have any money to spend for this upcoming year, but they are interested in being in a partnership with others. |
04:39:11.32 | Councilmember Hoffman | sure um well yeah I was on I was not on I was not here when we purchased the billion I was deployed that was the year I was gone and deploy with the Navy but I did um watch it from afar and I talked to um Tom Riley he was sitting to my seat at the time and I supported um told him that I supported it based on what he was telling me because we did get a good deal on it to me by definition that was market right I mean that was we bought it that's the market |
04:39:36.80 | Councilmember Hoffman | whatever. |
04:39:37.66 | Councilmember Hoffman | um but that doesn't justify any in my mind any decreased rent that just means the city for once |
04:39:44.24 | Councilmember Hoffman | had some good luck and I thought we made a good investment. |
04:39:47.35 | Councilmember Hoffman | But, |
04:39:48.21 | Councilmember Hoffman | the deal and the conversations we had all along |
04:39:52.29 | Councilmember Hoffman | was that this was an investment for profit. We did not invest in this building to lose money on it, period. That was never part of the conversation. |
04:40:00.75 | Councilmember Hoffman | And always the conversation was, |
04:40:03.45 | Councilmember Hoffman | we are going to negotiate the lease so that at least it covers our debt service. |
04:40:09.13 | Councilmember Hoffman | It was, I mean, we had many conversations right down to the last conversation that we had about what the lease rate was going to be and the... |
04:40:19.90 | Councilmember Hoffman | runway that we were going to provide for the SCA to allow them time |
04:40:24.98 | Councilmember Hoffman | to prove their business model. Because as one of the guys said, |
04:40:28.40 | Councilmember Hoffman | we were in a data vacuum. Like we didn't nobody, we took a huge risk on this model. We didn't know if it was going to work out. |
04:40:35.49 | Councilmember Hoffman | And so that's why we baked in or tried to bake in a lot of |
04:40:39.31 | Councilmember Hoffman | um, |
04:40:40.25 | Councilmember Hoffman | a lot of terms in the lease so that we could be ensured that this was a viable business model that this city and the people of Sausalito as investors were investing in. |
04:40:50.95 | Councilmember Hoffman | And so that's why we had metrics in the lease that SCA was supposed to make. |
04:40:56.99 | Councilmember Hoffman | or hit as part of the lease agreement i didn't see any calculation of those metrics tonight in the staff report my understanding from last february was that not all of the metrics had been met we were also supposed to revenue share with um with uh that was also part of the reduced rent for 18 months was that we were going to revenue share with sca with um event with events that they threw. In other words, they would throw an event, they get an event fee, and we were supposed to share 50-50. And the revenues from that, at some point there was a floor of 15,000 inserted in the lease so that we didn't revenue share until... |
04:41:34.89 | Councilmember Hoffman | the revenues were over 15,000. I don't recall ever seeing |
04:41:38.94 | Councilmember Hoffman | that part of the lease before it was signed. So... |
04:41:42.10 | Councilmember Hoffman | I mean, that was the concept. And that's why we went out on a limb as a council, really not to take the other |
04:41:49.61 | Councilmember Hoffman | proposals that we had received and vetted |
04:41:52.09 | Councilmember Hoffman | through the working committee. |
04:41:53.94 | Councilmember Hoffman | and give a chance to this model to see if it would work. I think it's pretty clear that this business model isn't going to work based on two years' worth of metrics that we now have. We've had some anecdotal kind of evidence presented, but I haven't seen any sales tax revenue from the SCA itself. What's the sales tax revenue that would justify the increase? right i saw a lot of other you from the SCA itself. What's the sales tax revenue that would justify the increase, right? I saw a lot of other anecdotal sort of evidence that, well, people are going out and buying other things, they're going out, they're coming here, they're going out to |
04:42:30.17 | Councilmember Hoffman | dinner, they're maybe staying in hotels, but |
04:42:34.36 | Councilmember Hoffman | I didn't see any evidence of the inverse of that was true in that people are coming here specifically for an event at the Arts Center and that they're specifically staying in the hotels and they're specifically going out to, other than the survey that the Center for the Arts did. And so, I remember back in February that Council Member or Vice Mayor Cox specifically asked, |
04:42:59.37 | Councilmember Hoffman | are you going to be able to make your rent? |
04:43:02.12 | Councilmember Hoffman | If we give you a six month continuance or six month, you know, extend this for six months, are you then are you going to be able to comply with the lease at the end of that time? |
04:43:12.19 | Councilmember Hoffman | And the representations by |
04:43:14.52 | Councilmember Hoffman | the SCA at that time where, yes, we need to |
04:43:18.17 | Councilmember Hoffman | expand on things that we're working on. We have the summer season coming up, but we expect it in this time to be able to make |
04:43:24.09 | Councilmember Hoffman | are read. |
04:43:25.10 | Councilmember Hoffman | And so I agree that we have metrics now, that we have things that we can rely on. |
04:43:31.97 | Councilmember Hoffman | and the confidence level of |
04:43:34.71 | Councilmember Hoffman | whether or not this model is going to work in this location. |
04:43:37.93 | Councilmember Hoffman | I think, and under the current lease, |
04:43:41.19 | Councilmember Hoffman | clearly it's not going to work. And so I think I agree with actually Councilmember Kelman |
04:43:48.41 | Councilmember Hoffman | We need to define that. |
04:43:50.10 | Councilmember Hoffman | What is it that's working for the Center for the Arts that we can expand on, that we can support? What's not working for the Center for the Arts? |
04:43:57.49 | Councilmember Hoffman | and how can we as a city bring this to a viable business model? Right now, we do not have a viable business model, nor do we have the luxury with our current |
04:44:07.10 | Councilmember Hoffman | budget |
04:44:08.00 | Councilmember Hoffman | to accept non-producing, |
04:44:10.08 | Councilmember Hoffman | business models that the people of Sausalito |
04:44:12.59 | Councilmember Hoffman | our funding. |
04:44:13.79 | Councilmember Hoffman | And so everybody who every, you know, we've gone through this for, I think the past four months where we have, you know, a certain reality that is our budget, but then we have certain, you know, um, |
04:44:26.38 | Councilmember Hoffman | and |
04:44:27.59 | Councilmember Hoffman | priorities or pet, I don't want to say pet projects, but everybody has their passion or their way of evaluating |
04:44:34.12 | Councilmember Hoffman | But, |
04:44:35.15 | Councilmember Hoffman | you know, does that actually merit driving us further into debt? |
04:44:39.52 | Councilmember Hoffman | I don't think that it does. We have to we have to apply discipline up here on the council with ourselves. |
04:44:45.28 | Councilmember Hoffman | just like we have to apply discipline across the rest of the city and the rest of the departments. |
04:44:50.37 | Councilmember Hoffman | We have to |
04:44:51.81 | Councilmember Hoffman | way |
04:44:53.12 | Councilmember Hoffman | this model that we've been presenting, that we gave a shot. And I supported it. |
04:44:59.32 | Councilmember Hoffman | two years ago. |
04:45:00.48 | Councilmember Hoffman | but there were controls and the controls haven't been met and so i think it's time that we really have to we owe it to the people of sausalito as stewards of their finances to figure out how to make this work or how an art center |
04:45:15.45 | Councilmember Hoffman | can survive in Sausalito because I don't think it's at that location and I don't think it's a current model I think it's clear |
04:45:27.40 | Unknown | First day, I want to commend the Center for the Arts and especially Shiva. Thanks for being here for all of the amazing work that you've done so far to really change the face of the downtown. I really feel that the Center for the Arts was a pioneer in starting to reinvigorate the conversations about what the future of the downtown would look like. |
04:45:46.70 | Unknown | And now we have our business improvement district. That's going to bring even more people into the center for the arts. And we have a new, |
04:45:53.28 | Unknown | Ferry Landing coming forward and I, |
04:45:56.42 | Unknown | I |
04:45:57.38 | Unknown | don't believe that this is going to be a money loser for the city. I really believe in its capability to be a strong revenue generator for the city of Sausalito, which is why I'm consistently supportive of it. And I actually was skeptical initially when the proposal came before the council because we had proposals from developers that would have paid the full rent. But the footprint of the downtown would have looked so different. And I hear so much so frequently from our community about how the character of our town is so special and it's what makes us who we are. And our character is really rooted in the arts, whether that's the ICB building or the |
04:46:25.04 | Unknown | about how |
04:46:35.79 | Unknown | artists formerly known as the Sausalito Arts Festival, which we no longer have, the arts have always been a driving force of our character and who we are as a community. And to have the arts serve in the role of the heartbeat of our downtown seems really appropriate for the type of community that we want to continue to build on as we make investments in our economy going forward. And in reinvigorating and ensuring that we have a revenue stream that's going to be impactful for years to come. So I want to be supportive while thinking about what we can do to ensure that the Center for the Arts has the means to continue to produce events that will bring more and more people into our community. I appreciate Councilmember Cox, Vice Mayor Cox's suggestion of the accepting the proposal of the Center for the arts at the 6000 um level and also potentially changing the terms of the triple net lease but i would welcome a discussion because i can tell and i appreciate councilmember kelman's comments about |
04:47:31.26 | Unknown | that we, you know, |
04:47:32.54 | Unknown | deserve a big kind of a step back conversation about how we want the center for the arts to function but i really feel that the arts are the heartbeat of our community in many ways and so it's our our duty just like it's our duty to balance the budget it's also our duty to to support the the arts so that's where i stand on that |
04:47:50.95 | Mayor Kamele | All right, so I mean, I agree with you, Vice Mayor, with the comments that you had made, but go ahead to Council. |
04:47:53.42 | Unknown | Thank you. |
04:47:54.68 | Unknown | I was going to make a counter motion. |
04:47:59.66 | Unknown | Yeah, thank you. And so this is great because I think we all do very much believe in arts being the fabric of our community. |
04:48:07.05 | Unknown | With that said, um, |
04:48:08.72 | Unknown | I think we should follow the, make a motion, or counter motion, that we follow the city manager's recommendation to increase the rent to $8,000, but that we also pursue a path towards modifying the zoning in that area and work directly with those in charge of the business model for SCA to identify a manner in which we can move forward that sustains them and sustains our investment, i.e. the physical infrastructure of that building. And so I... |
04:48:40.53 | Unknown | I think there are probably details to be worked out in terms of how we work directly with SCA and whether we pursue a temporary use permit or changes to the public institutional. But I think we need to. |
04:48:52.24 | Unknown | I don't think we're serving SCA by simply putting them in a building that needs work and needs care, and we're not serving our taxpayers either. So I think we really have to work quite closely with SCA to make it viable. And what we were presented was that it was viable, and we have some proof points now. So that's my suggestion, and that's my counter, is that we accept the city manager's suggestion and that we look at a zoning change and work with SCA to bring in somebody to offset some of that rent. |
04:49:21.45 | Mayor Kamele | So I feel like a theme is about trusting our volunteers to make things happen, like they made the Saucyote Yacht Club so successful, like the Ice House is so successful. And I believe in our people, some of whom are in this room, that they can make the SCA successful, but they need our resources. So that's why I think we should leave the rent at $4,000. The vice mayor suggested six, you are suggesting eight. Uh, I'm, you know, still advocating for giving them as much resource to succeed as possible. I think that money is better spent with them. Uh, obviously I'll go with the vice mayor's, uh, number. If there's no one else to meet me at four, I think her other suggestions about profit sharing and cap improvements are also something I can support. I would encourage that we, to your point about how to cooperate with these volunteers and make sure there's a two-way street in communication, I would support having, as I mentioned before, three board members from the government. It could be, you know, we could decide who it is, but for example, it could be the head of Parks and Rec Commission. |
04:50:29.39 | Mayor Kamele | Whoever that is could also be on automatically on the board of. |
04:50:33.09 | Mayor Kamele | the SCA. |
04:50:33.97 | Mayor Kamele | So, uh, |
04:50:35.87 | Mayor Kamele | That's where I'm coming from. And, uh, |
04:50:38.35 | Unknown | Mayor, I'd just like to add one more thing. And just for the record, I feel very strongly that the presentation that we received from SCA, along with the other applicants during the RFI, was, of course, given in good faith. It was very impressive. And it painted a particular picture that we chose to really invest in and to go forward with. And I don't have the feeling that any characterization, that there was an 11th hour change, that we didn't know, whether there's this change of circumstance. I think all along the way, we pressed and asked some hard questions about the rooftop bar concept. And I think a lot of people were very reasonable and said, yeah, it's probably unlikely, but we're going to make it work. So I hope we just continue that collaborative dialogue and that collaborative characterization of us working together. |
04:51:26.72 | Councilmember Hoffman | Excuse me. I'd like to second the motion by Councilmember Kelman. I don't think I have that. And I think |
04:51:33.20 | Councilmember Hoffman | I agree. |
04:51:34.72 | Councilmember Hoffman | that |
04:51:37.38 | Councilmember Hoffman | you know, in concert with that, we have to help them. We have to do what we can to help the Center for the Arts figure out how to cover their expenses and make them a viable business model. I think that's number one. I think I agree no one up here is against the arts. And I take issue when, |
04:51:57.04 | Councilmember Hoffman | I disagree with a financial analysis of something and then I'm accused of not liking whatever that thing was earlier tonight. I was accused of not liking parking. I mean, the biggest advocate for parking on this council. So because I'm applying financial rigor to this city owned piece of property. |
04:52:16.41 | Councilmember Hoffman | and to |
04:52:18.54 | Councilmember Hoffman | you know, and to a lease that was knowingly entered into |
04:52:22.08 | Councilmember Hoffman | At that time, we could have pivoted right then and said, you know, I don't think this is going to work, and we need to pivot to one of the other candidates that we had for this building. But I'm willing to give some more runway. I think we have to look at the financial realities that we're in right now. I agree. |
04:52:39.63 | Councilmember Hoffman | you know, |
04:52:41.25 | Councilmember Hoffman | I can live with 8,000. |
04:52:43.75 | Councilmember Hoffman | Um, |
04:52:44.58 | Councilmember Hoffman | combined with |
04:52:46.94 | Councilmember Hoffman | some, you know, real efforts by the Center for the Arts and with |
04:52:53.59 | Councilmember Hoffman | the council, and frankly, people that have more experience in art centers. And I know you guys have done a ton of work when you first started with |
04:53:02.14 | Councilmember Hoffman | other models and how those can be applied here but |
04:53:04.81 | Councilmember Hoffman | I think we need to understand and know |
04:53:07.58 | Councilmember Hoffman | with the amount of foot traffic that we get at that location, that's a prime commercial location. There's hundreds of people passing that location every day. So the fact that it's not performing that the |
04:53:20.98 | Councilmember Hoffman | sales tax isn't where we would want it to be, that the revenues aren't where we wanted it to be |
04:53:25.65 | Councilmember Hoffman | based on that location. |
04:53:28.15 | Councilmember Hoffman | Okay. |
04:53:28.96 | Councilmember Hoffman | you know, |
04:53:29.90 | Councilmember Hoffman | brings a question to me about what is the viable business model for that location if it's not the Center for the Arts but conversely I want to still work to see if we can make it work there and I'm committed to that |
04:53:44.31 | Councilmember Hoffman | And that's why I would support a reduction from 11,000 per month to 8,000, knowing the people of Sausalito will have to absorb that 3,000 delta per month. So that's where I'm at right now. |
04:54:03.06 | Mayor Kamele | Any other discussion about this motion? |
04:54:08.08 | Unknown | Oh, I... |
04:54:09.19 | Karen Hollweg | Karen Hollweg, outlined what I would propose, but there's been no formal motion someone could make an alternative motion that would get voted on first. |
04:54:17.81 | Mayor Kamele | Yeah, the councilman does your motion include taking on the capital improvements as, uh, as the vice mayor suggested as. |
04:54:25.91 | Mayor Kamele | taking on responsibility for capital improvements. |
04:54:28.93 | Mayor Kamele | Right now it's an absolute triple nightly so absolutely everything. |
04:54:31.41 | Unknown | Yeah, I think this is the difficulty of trying to negotiate in real time in open session. So I am not prepared to answer that, partly because I think it goes hand in hand with a new policy that we have not yet developed. And so I wouldn't want to oblige one party to do it and another party not to. So I don't know how to answer that in real time at this hour. |
04:54:52.54 | Mayor Kamele | So do you wanna make a motion or? |
04:55:00.71 | Niels Carlsen | I could |
04:55:01.52 | Karen Hollweg | I mean, my concern with the pending motion is that I believe that's infeasible financially for the SCA. And so I really liked the mayor's |
04:55:13.77 | Karen Hollweg | suggestion that we increase the city representation on the SCA board in order to foster this creative problem solving. I'm worried that, you know, different board members currently have different perspectives about opening a coffee shop versus sharing with P P bid or sharing with Chamber of Commerce. And I I'm. |
04:55:41.24 | Karen Hollweg | So I really like the increased participation by the city in governance, particularly if the city is going to be defraying some of the investment expense of this property. |
04:55:59.60 | Spare | Thank you. |
04:55:59.62 | Mayor Kamele | Well, I... |
04:56:00.97 | Mayor Kamele | Thank you. |
04:56:01.17 | Mayor Kamele | I mean, I guess I'll make the motion because I want to second the alternate motion. |
04:56:05.49 | Mayor Kamele | uh, to match the vice mayor suggestion of $6,000 a month, taking on major the, uh, and have it be a normal triple net lease. So not including extraordinary capital expenses, just the interior improvements. Uh, plus that we have three board members appointed from the city council, uh, and profit sharing of, uh, of, uh, is there a percentage you had in mind? |
04:56:22.48 | Unknown | Thank you. |
04:56:22.52 | Anthony Hay | sharing. |
04:56:30.15 | Karen Hollweg | 50-50 once they're over a certain threshold. |
04:56:31.06 | Mayor Kamele | there over a certain threshold. 50-50 percentage of profit sharing over $100. |
04:56:38.89 | Mayor Kamele | Well... |
04:56:39.65 | Karen Hollweg | Profit. Profit. This is a nonprofit organization. So right now, you're required to share anything over $15,000 in... |
04:56:50.38 | Karen Hollweg | um, event, um, |
04:56:54.01 | Dan Christ | Rental income, not a bank. |
04:56:58.22 | Dan Christ | It's |
04:56:59.71 | Dan Christ | that |
04:57:00.37 | Dan Christ | Bad to try. |
04:57:03.31 | Mayor Kamele | We can't, we can't, we hang on. We'll, we'll sort it out of here. Thank you. If you have a question for anyone, uh, the vice mayor will ask it, but let's just, um, take it one step at a time because this is a aspect of the term. |
04:57:20.50 | Karen Hollweg | Here. Landlord's share of third party event rent shall be 50% of the total license fees collected by tenant for all third party events in excess of 15,000 per month. |
04:57:34.22 | Mayor Kamele | So that's what you're talking about is 50% of event sharing? Okay, so the event brand, yes. |
04:57:35.35 | Karen Hollweg | Yep. |
04:57:37.10 | Karen Hollweg | Yep. |
04:57:41.05 | Karen Hollweg | I'm retaining paragraph 5.3.2 unchanged. |
04:57:46.89 | Mayor Kamele | Yes, so retaining that paragraph unchanged, making the rent $6,000 and taking on the capital improvements and increasing the city governance to three board members is the motion. |
04:57:55.58 | Unknown | and increasing. |
04:57:56.75 | Karen Hollweg | Thank you. |
04:58:00.41 | Unknown | It's not an amendment, it would be direction to staff to |
04:58:05.07 | Unknown | Consider a zoning change? |
04:58:08.34 | Unknown | I mean, there's some statements made about our volunteers and such, so I don't have to, but I think that should be a dialogue. They've been fired. I think they should be able to look at it. |
04:58:09.35 | Mayor Kamele | MADE ABOUT. |
04:58:10.03 | Spare | Sure. |
04:58:10.28 | Mayor Kamele | Absolutely. |
04:58:13.03 | Mayor Kamele | So, |
04:58:14.15 | Mayor Kamele | because |
04:58:17.25 | Mayor Kamele | I got it. |
04:58:17.62 | Unknown | Thank you. |
04:58:17.66 | Mayor Kamele | Thank you. |
04:58:18.74 | Mayor Kamele | Second to that motion. |
04:58:21.59 | Unknown | So just for clarity, this is for staff to |
04:58:25.33 | Unknown | negotiate and prepare a lease for for approval by the council |
04:58:30.45 | Unknown | A list of amendments. |
04:58:31.54 | Unknown | a lease amendment with the proposed terms, and additionally to undertake the process of developing a zoning amendment. |
04:58:39.97 | Mayor Kamele | Well, no, I think that's direction to staff to consider zoning. That's an ongoing direction. That's going to be a separate issue to bring back to us about issues of zoning changes. |
04:58:50.28 | Unknown | May I clarify? I think just simply to open it up and signal to the SCA folks that the council is open to that. If you'd like to work with staff to pursue some type of change to the zoning, whether it's the uses or a temporary permit, we encourage that. I think that's all. |
04:59:09.88 | Karen Hollweg | up. |
04:59:10.39 | Karen Hollweg | Councilmember Kamele, may I make the clarification that it not be |
04:59:14.42 | Karen Hollweg | a competing use with existing downtown uses. So there was concern over an art gallery that competed with Hanson's, a coffee shop that competes with Poggio's. So I would just want to be respectful of not turning this community center into a competitor with other downtown businesses. |
04:59:40.04 | Unknown | Yeah, I think my feedback there would be that that would be a recommendation, but the concern about it was that we didn't want to charge below-market rent for another gallery when people were paying full-market rent for galleries. And so I would like to just leave a comment |
04:59:55.26 | Unknown | I support yours in concept and I leave it to |
04:59:58.74 | Unknown | you know to SCA to evaluate those opportunities and if you come back with something that is |
05:00:04.10 | Unknown | seemingly along those lines, you should bring it back anyway and let us talk about it. |
05:00:08.27 | Mayor Kamele | Okay. |
05:00:08.79 | Mayor Kamele | So there's a motion on the floor. It's been seconded. We'll have a vote now. All in favor say aye. Aye. |
05:00:16.29 | Karen Hollweg | This is the mayor's motion. Aye, with the direction proposed by Councilmember Tillman. |
05:00:21.20 | Mayor Kamele | with the- |
05:00:22.60 | Mayor Kamele | Yes. Those opposed? |
05:00:24.10 | Unknown | No, I know. |
05:00:25.25 | Unknown | Okay. |
05:00:25.40 | Karen Hollweg | you know, |
05:00:25.97 | Unknown | was |
05:00:26.63 | Unknown | Right. |
05:00:26.97 | Mayor Kamele | so uh motion carries uh three two um congratulations thanks for sticking with us late into the evening we have one more business item to knock out i think we should |
05:00:38.06 | Unknown | I think we should. |
05:00:40.81 | Mayor Kamele | Mm-hmm. |
05:00:45.60 | Mayor Kamele | Um, |
05:00:50.56 | Unknown | Mayor, may I respectfully ask that we look to an adjournment? That you can move to adjournment. |
05:00:54.15 | Shiva Pactao | Thank you. |
05:00:54.17 | Unknown | that you can use. |
05:00:55.86 | Unknown | That's the top of the comments, please. |
05:00:58.22 | Mayor Kamele | I'm sorry, we are going to move to the next item. There's going to be a motion to, I think, continue the item. So we're going to listen to public comment on the ordinance of which I'll read now. The next item is introduction and waiver of first reading of ordinance 52024, an ordinance of the city council of the city of Sausalito repealing and replacing chapter 3.30, purchase of supplies, equipment, and services, and procedures for public works projects. |
05:01:28.83 | Mayor Kamele | so we're gonna hear that and then after that we'll hear we'll hear after that we'll hear public comment for items not legitimate |
05:01:38.08 | Karen Hollweg | I don't think there's going to be much public comment on these items, and we're going to continue it. |
05:01:44.02 | Unknown | brush like you all because you found that yes |
05:01:50.03 | Ted Barton | Well, |
05:01:50.35 | Unknown | Yes. |
05:01:50.82 | Ted Barton | Thank you. Yeah, take a bow. Thank you. I'm speaking out of turnovers. |
05:01:54.74 | Mayor Kamele | Yeah, thank you, ma'am. Thank you, ma'am. We need to proceed with our next item. So I take it that the sense of the council, is the sense of the majority of the council that we don't want to hear materially on this item and we'll just have public comment. |
05:01:55.39 | Ted Barton | Thank you. |
05:02:07.38 | Unknown | I can't believe it. |
05:02:09.25 | Mayor Kamele | Okay, there's a motion to continue item 5C to a future meeting. |
05:02:13.04 | Unknown | Thank you. |
05:02:13.06 | Dennis Conway | Thank you. |
05:02:13.23 | Dennis Conway | Thank you. |
05:02:13.31 | Unknown | Thank you. |
05:02:14.97 | Dennis Conway | It's all right. I'm going to say it's all right. |
05:02:19.96 | Dennis Conway | Thank you. |
05:02:20.37 | Dennis Conway | Thanks. |
05:02:20.74 | Mayor Kamele | You made the motion. |
05:02:20.76 | Dennis Conway | You made the motion. |
05:02:21.80 | Dennis Conway | Okay. |
05:02:23.26 | Dennis Conway | Thank you. |
05:02:23.93 | Mayor Kamele | Good. We could potentially. Well, let me just discuss that. I'm with you, vice mayor, that we could hear this matter expeditiously, I believe. It seems pretty close pro forma. |
05:02:33.11 | Dennis Conway | Thank you. |
05:02:34.10 | Dennis Conway | Yes. |
05:02:40.08 | Mayor Kamele | You can say things on the record. There's a motion on the floor that's been |
05:02:43.00 | Councilmember Hoffman | There's a motion on the floor. Let's discuss it. No, I see no reason to hear any further item. It's 1230 at night. We need to see if there's public comment on this item. Yeah, I agree. We have to see if there's public comment. Agree. |
05:02:50.64 | Karen Hollweg | Yeah, I agree. |
05:02:53.48 | Mayor Kamele | there any public comment on item 5c the waiver and first reading of ordinance 524. |
05:02:59.77 | Mr. City Clerk | Yeah, we do ever get online. |
05:03:04.65 | Mr. City Clerk | That's out. |
05:03:09.58 | Eva | Thank you. I'm actually waiting for a non-agenda public comment. Any other public comment? |
05:03:14.44 | Mayor Kamele | Thank you. |
05:03:14.96 | Mayor Kamele | All right. There's a motion to continue it. It's been seconded. Just want to make sure. So we do want to hear it. Okay. Bye. So we'll unanimously. |
05:03:21.91 | Karen Hollweg | I hear. |
05:03:25.76 | Karen Hollweg | I didn't hear you say all in favor. All in favor. |
05:03:26.11 | Mayor Kamele | All in favor? Aye. Sorry, I thought I did. Opposed? Okay. It is passed unanimously. Item six is communication for items not on the agenda. If anyone wishes to comment on items not on the agenda, this is your moment to do so. |
05:03:28.06 | Karen Hollweg | Aye. |
05:03:45.72 | Niels Carlsen | Thanks. |
05:03:47.98 | Mayor Kamele | He's Ms. McDougal and Eva Cresante. We'll actually go ahead. |
05:03:53.49 | Mayor Kamele | Ailu, go ahead. |
05:04:00.13 | Eva | Thank you. Can you hear me okay? |
05:04:02.31 | Unknown | Yes. |
05:04:03.90 | Eva | You can? |
05:04:05.04 | Unknown | Yes. |
05:04:05.87 | Eva | Okay, thanks so much. Yeah, I just wanted to bring to your attention that last Thursday, three physicians who had recently returned from Gaza gave a Senate briefing, and I'm happy to provide the recording of that to you. |
05:04:26.31 | Eva | it was, it was, uh, it was pretty disturbing stuff. And I, I think everybody heard about the, uh, |
05:04:32.82 | Eva | essentially the terrorist attack that Israel launched today in Lebanon. |
05:04:38.53 | Eva | with I think close to 10 kills. |
05:04:43.91 | Eva | And this was done using pagers. It was yet another attack, apparently, on hospital workers who use pagers. And so I do have some questions. |
05:04:56.53 | Unknown | So I do have some questions. This is not within our jurisdiction. And so we know, no, |
05:04:59.99 | Eva | No, no, no. But I do have some questions. I'm leaning up to that, Ms. Kelman. I do have some questions because through a series of CPRAs, I found that Melissa Blaustein... |
05:05:14.20 | Eva | had taken a trip to Israel paid for by the JCRC does not appear like many of the other trips to have been disclosed. Now, there is a problem with how it was reported on her form 700. |
05:05:28.74 | Eva | And it appears that gifts over $590 in her trip was approximately 10 times that amount. |
05:05:38.41 | Eva | They should not there. There's a strict series of regulations with the FPPC, and that may be out of compliance. I've reached out to Ms. Blaustein several times and she has not responded to me. And thus, I am obliged to bring the matter forward to council in an attempt to get an answer about it. But on a larger level, there's an enormous amount of tax money that's going. |
05:06:08.64 | Mayor Kamele | Ms. McDougal. |
05:06:16.13 | Mr. City Clerk | Oh, let me put it to one. |
05:06:19.39 | Bep McDougall | Well, that was an interesting one to follow. Thank you. |
05:06:24.08 | Bep McDougall | You know, this has been a very frustrating council meeting, and |
05:06:28.42 | Bep McDougall | Here we are coming up on an election, and you would think that after your first four-year terms, and I'm addressing myself to the two neophytes on the council, |
05:06:38.03 | Bep McDougall | that maybe by now you'd get some traction instead of it becoming more chaotic. |
05:06:43.58 | Bep McDougall | as it is in fact becoming. So what we are faced with, I thought it was fascinating that you would say that you are a fiduciary agent and you're trying to be |
05:06:52.41 | Bep McDougall | absolutely on top of fiscal oversight, and yet here we are in a deficit. And here is yet another situation |
05:06:59.72 | Bep McDougall | barely into the fiscal cycle that was never planned on your budget, like previous issues, like the PBID. It should have been on your budget for the year, but it wasn't. So here we are looking at expenditures above and beyond a budget that is already in a deficit. |
05:07:16.79 | Bep McDougall | Now, how long are we going to pretend that we have more money than in fact we have to spend? |
05:07:22.79 | Bep McDougall | Nobody likes being a Grinch. |
05:07:25.22 | Bep McDougall | That's for sure. I don't enjoy standing up here and having to stand. |
05:07:29.10 | Bep McDougall | in contradiction to my neighbors. I love that Center for the Arts too. But we have to be realistic about our finances. Mr. Mayor, a point. |
05:07:36.46 | Karen Hollweg | Mr. Mayor, a point of order. This is a comment on the SCA, which is an item on the agenda. This is the opportunity to comment on item. |
05:07:41.90 | Bep McDougall | Excuse me, it's a public comment, and I'm using it as one example of fiscal irresponsibility. And I think the only way we're going to get through this problem... |
05:07:52.01 | Bep McDougall | is to realize that this three-member voting bloc that never moves except in lockstep |
05:07:57.90 | Bep McDougall | never thinks independently of you each. You come in with your deals already made. |
05:08:03.34 | Bep McDougall | This is not the way it's supposed to be in this council chambers. There may be another place for you, but this is not it. |
05:08:11.06 | Bep McDougall | And I think if we can get people on the council with more direct experience, then the city itself will stand to benefit from it. |
05:08:17.87 | Bep McDougall | And I'm just disappointed because I had great hope that it would be better than you. |
05:08:21.80 | Mr. City Clerk | Thank you very much. Thank you very much. Next person. We've got to send you. Thank you. |
05:08:23.69 | Mayor Kamele | Yeah. |
05:08:25.07 | Mayor Kamele | Thank you for your comment, Ms. McDougall. Sunshine? Yes, now is the time. Welcome. |
05:08:34.32 | Unknown | Actually, I was hoping that they all would be in here to hear this too, because I, |
05:08:39.45 | Unknown | Contrary to what was just said, I was so impressed that you were able to find the yes within a difficult situation that had a lot of no in it. |
05:08:51.41 | Unknown | and my daughter lives in Croatia. |
05:08:53.91 | Unknown | And she taught me a new saying. |
05:08:56.92 | Unknown | and it's called Odom Podum. |
05:09:01.47 | Unknown | And that means everything happens in its time. |
05:09:08.26 | Unknown | Though there are no mistakes, you all did great at |
05:09:12.61 | Unknown | going deep within yourselves and coming up to a solution. |
05:09:16.81 | Unknown | And these people |
05:09:18.08 | Unknown | were wonderful |
05:09:19.90 | Unknown | in the way they brought their comments, because they were not, they were really supportive of you and of their experience. |
05:09:27.66 | Unknown | And, |
05:09:28.67 | Unknown | things. So, |
05:09:29.92 | Unknown | I'm just, you know, |
05:09:31.86 | Unknown | When everything happens in its right time, I just looked at the clock and |
05:09:36.00 | Unknown | Is it really supposed to be 1230 that I give my public comment? So... |
05:09:41.40 | Unknown | Okay. |
05:09:42.88 | Unknown | Thank you all. I appreciate that you... |
05:09:46.10 | Unknown | pulled it all out. |
05:09:47.59 | Unknown | And you really made a very positive impact on me. Thank you. |
05:09:52.38 | Unknown | Thank you. |
05:09:52.40 | Mayor Kamele | Thank you, man. |
05:09:53.88 | Mr. City Clerk | over the public on |
05:09:54.86 | Mayor Kamele | So we are now going to city manager report any report for us not tonight mayor All right, any reports for our committees? We have to take no any future agenda items and |
05:10:10.34 | Mayor Kamele | Any public comments on any of the- |
05:10:12.35 | Karen Hollweg | I would like us to consider the whole audit of the red zones and white zones in Sausalito. It may be a distant priority given our budget constraints, but I'd like to include that for consideration. |
05:10:26.05 | Mayor Kamele | So future agenda item audit of renegade red zones. |
05:10:31.87 | Mayor Kamele | There's now an opportunity for public comment on the |
05:10:35.70 | Mayor Kamele | everything you just heard. Is there any public comment on those things? |
05:10:39.95 | Mayor Kamele | mr city manager anything i said clerk nothing no all right well then thanks for everyone's forbearance i will adjourn this meeting enjoy the rest of the weekend and the chili cook-off |
05:10:51.11 | Mayor Kamele | See you there. |