FSACC @ DEER PARK FAQ
Q: Is the property unsafe for children?
A: No, the property is not unsafe. The property was recently inspected by numerous professionals and regulators, including architects, engineers, contractors, the Town of Fairfax Building Department, the Ross Valley Fire Department, and Health and Human Services Child Care Licensing investigators - none of whom have found the property to be unsafe or recommended removing children from the property. See supporting documents on this webpage related to this due diligence.
FSACC engaged architects Studio Bondy who specialize in child-care and learning environments. Their report advised recommended seismic work is voluntary and not mandatory, even if the facility changes ownership. This was confirmed by the Building Official for the Town of Fairfax, Mark Lockaby, during our meeting on December 5th, 2023. Any structural upgrades to any area of a building, even when voluntary, will require mandatory accessibility path of travel and other improvements as determined by the California Building Code and other regulations.
Note: The determination that the strengthening and seismic upgrades are voluntary is different than the conclusion reached in the previous (MCOE funded) report by AXIA Architects dated 8/18/2023 and presented at the 8/30/23 RVSD board meeting. The report by AXIA was written from the perspective of an existing public school district facility under the purview of the Division of the State Architect (DSA). The FSACC facility, should it become owners, would not be governed or require compliance with DSA standards because it is not a public-school facility. Town of Fairfax Building Inspector agreed via email on December 7, 2023:
The overarching (renovations) project is that of structural strengthening and a voluntary seismic upgrade. Any upgrades to mechanical, electrical, and plumbing systems are voluntary and can be done independently or as a part of the seismic upgrades. Structural upgrades require mandatory accessibility upgrades to the area of work including path of travel, restroom accessibility and other CBC-11B accessibility requirements. The project can be phased as needed. Multi-occupant restroom CBC-11B accessibility work does not need to happen in Phase 1.
Q: Why doesn’t the center relocate?
A: FSACC worked closely with a task force led by the Marin County Office of Education to search for alternative sites to continue operations in the event a sale does not happen. The task force recognized the need to ensure continuity of these critical services to low-income families. Over the course of 4 months, an exhaustive due diligence effort was conducted by the task force (including engaging a commercial real estate broker) offering careful consideration to over 25 locations throughout the County with a focus in Ross Valley and Central Marin, including public and private schools, summer camps, community-based organizations, churches, and municipalities.
The task force was unable to identify a single viable relocation site in the surrounding area. This means that if the RVSD refuses to sell the property to the FSACC and continues to move forward with eviction, the Center will have no choice but to close its doors after 50 years of providing quality subsidized childcare in the Ross Valley, leaving the scores of families the Center serves without options and an enormous loss to the Ross Valley community and the County at large.
Q: Did the school district vote to evict?
A: Yes. The Ross Valley School District Board of Trustees voted to commence eviction proceedings against the Fairfax-San Anselmo Children’s Center. On January 21, 2024, the District delivered a document to the Center, asking that we vacate the property by February 21, 2024. We are consulting with our legal counsel and although we are very concerned, these events do not change our current operational status. Our programs remain in operation at the Center, at this time, and the District cannot forcibly shut-down our programming without taking legal action. We will continue to provide updates on the Center’s operational status and remain committed in our efforts to work with the District to find a more permanent solution in support of the children and families we serve.
We are shocked and saddened by the decision to issue an eviction notice. It comes at a time when education is recognized as an equalizer to address historic inequities, providing opportunities for young children to reach their potential regardless of background.
Q: Did the Center provide a good faith offer for the property?
A: Yes. A purchase sale offer agreement of $1.562M that FSACC Board President Julia Howard-Gibbon sent on November 7, 2023, included:
Nonrefundable deposit of $156,150 within 60 days of PSA
Land and structures sold “as is”
Reversionary Provisions:
Restricts property for sole use as childcare center
Option for RVSD to repurchase property from FSACC if necessary to be used as a school after 17 years
At the RVSD Board of Trustee meeting on January 18, 2024, Ms. Howard-Gibbon presented details on the good faith offer with regard to viability of purchasing the property and determining what upgrades to the facility will be made. The Offer amount was determined by a discount formula established by the Deer Park Working Group. It is predicated on the % of FSACC school-age students entering or currently enrolled at a RVSD school.
Please see this presentation located here which including:
Funding for the purchase of Deer Park property including Marin Community Foundation and The County of Marin
Consultation with Town of Fairfax building inspector
Renovations plans, costs, and funding – including capital fundraising
Most recent Ross Valley Fire Department safety inspection (Dec. 2023)
Recent financial audit with no findings (Jan 2024)
