HomeMy WebLinkAboutCC Resolution 14802 (Extension of Goldstone Management Inc. for Agreement)1
RESOLUTION NO. 14802
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN
AMENDMENT TO EXTEND THE AGREEMENT TO NEGOTIATE EXCLUSIVELY WITH
GOLDSTONE MANAGEMENT INC. REGARDING REDEVELOPMENT OF 1009 AND 1001
FOURTH STREET, 924-926 THIRD STREET, AND THE THIRD STREET AND LOOTENS
PLACE PARKING GARAGE
WHEREAS, the City of San Rafael owns the real property and parking garage located at
Third Street and Lootens Place ("City Parcel"); and
WHEREAS, the City adopted a goal to “provide a vibrant Downtown” in “our Vision of
Downtown” in 1993, which was later incorporated into the goals of the General Plan 2020 as
Goal 6. General Plan Goal 6 includes the following implementation policies:
• NH 16 - to substantially expand Downtown’s economic success and increase
opportunities for retail, office and residential development;
• NH 22 - to create a popular and attractive residential environment that contributes to
the activity and sense of community in Downtown; and
• NH 34 - to encourage activities that will promote the Fourth Street Retail Core as
being “Alive after Five”; and
WHEREAS, one of the City Council goals is to provide neighborhood and economic
vitality by supporting the development of key Downtown sites, and the City Council’s Economic
Development Committee has adopted "support development of key sites such as 1001-1009
Fourth Street" as one of its eight priorities; and
WHEREAS, Goldstone Management, Inc. ("Developer") has proposed redeveloping the
City Parcel and adjoining properties that Developer owns at 1009 and 1001 Fourth Street and
924-926 Third Street, into a mixed-use residential/retail development, including a market hall-
style food emporium and a fully automated parking garage ("Project"); and
WHEREAS, Developer entered into an exclusive negotiating agreement (“ENA”) with the
City dated December 7, 2019 to acquire the City Parcel, and in combination with the
Developer’s adjacent parcels that have already been assembled, to create a significant mixed-
use development, provide much needed housing, entertainment, and food services in the form
of a Market Hall, create a strong economic driver that will benefit Downtown businesses, and re-
establish the focal point of the Downtown area; and
WHEREAS, due to the COVID-19 outbreak, Developer has requested a six-month
extension to the Preliminary Stage of the ENA and the staff report accompanying this
Resolution provides additional information about the rationale for the extension; and
WHEREAS, staff engaged the law firm of Burke, Williams & Sorensen, LLP to evaluate
the extension request and Watry Design Inc. to review a preliminary parking plan, and their
preliminary analysis indicates that the submitted documentation is evidence of progress under
the Preliminary Stage for the City to consider further negotiations regarding the potential
Project; therefore staff recommends that the City Council approve the requested amendment to
the ENA; and
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WHEREAS, funds have been appropriated in the Economic Development Department
budget for the current Burke, Williams & Sorensen, LLP, Keyser Marston Associates, Inc., and
Watry Design, Inc. contracts for consulting services during the extended term of the ENA; and
WHEREAS, the City Council intends and understands that amending the ENA is not
committing the City to grant any land use approvals for the Project or to approve any further
agreement with the Developer; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
1. The City Council hereby finds and determines that the above recitals are true,
correct and incorporated herein.
2. The City Council hereby approves and authorizes the City Manager to execute
on behalf of the City an amendment to the ENA in substantially the form submitted to the City
Council in connection with the consideration of this Resolution, subject to such minor changes
as the City Manager and City Attorney may approve, provided, however, that nothing in this
Resolution or the amendment of the ENA shall be deemed to commit the City to approve any
land use approvals for the Project or to approve any further agreement with the Developer.
3. The City Council authorizes and directs the City Manager and his designees to
take such steps as are reasonable and necessary to performance of the City's obligations under
the amendment to the ENA and to carry out the terms and conditions of the ENA.
4. This Resolution shall take immediate effect upon adoption.
I, LINDSAY LARA, Clerk of the City of San Rafael, herby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael held on the 1st day of June 2020, by the following vote:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk