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HomeMy WebLinkAboutRA Minutes 1992-10-19SRRA MINUTES (Regular) 10/19/92 - Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, OCTOBER 19, 1992, AT 7:30 PM Regular Meeting: San Rafael Redevelopment Agency Present: Albert J. Boro, Chairman Dorothy L. Breiner, Member Paul M. Cohen, Member Michael A. Shippey, Member Joan Thayer, Member Absent: None Others Present: Pamela J. Nicolai, Executive Director Gary T. Ragghianti, Agency Attorney Jeanne M. Leoncini, Agency Secretary ORAL COMMUNICATIONS OF AN URGENCY NATURE None. CONSENT CALENDAR Member Shippey moved and Member Breiner seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting of Approved as submitted. October 5, 1992 (AS) 2. Resolution of Appreciation to Mary Jo Lazear, ADOPTED RESOLUTION NO. 92-28 - Former Citizens Advisory Committee Member RESOLUTION OF APPRECIATION TO (RA) - File R-140 IV B x (SRCC) 102 MARY JO LAZEAR, MEMBER OF THE SAN RAFAEL CITIZENS ADVISORY COMMITTEE FROM 1989 TO 1992 AYES: MEMBERS: Breiner, Cohen, Shippey, Thayer & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None The following item was removed from the Consent Calendar for discussion: 3. QUARTERLY HOUSING REPORT (RA) - File R-173 x (SRCC) 187 x 13-16 Member Breiner referred to Page 2 of the report, regarding the City BMR (Below Market Rate) Program, and noted there is a reference to foreclosure, and asked for more detail. Assistant Executive Director Ours responded that this is the first one in this particular location, but there was another one in Captain's Cove where the Agency put the money up to buy the unit and held it for resale. If the Agency had not done that, the unit would have reverted to market value. This action preserved the affordability of the unit. The instance referred to in the report is the same type of action. Member Breiner inquired if the foreclosure was due to the method of the screening process. Mr. Ours responded that in this case, there were financial difficulties after the purchase and involved the breakup of a marriage. It was not a result of our process. SRRA MINUTES (Regular) 10/19/92 Page 1 SRRA MINUTES (Regular) 10/19/92 - Page 2 Member Breiner then referred to Page 3 of the staff report, noting that of the $30,000 total contract, $8,700 has been billed to date, and asked if that amount was since July. Mr. Ours explained that amount was for July through September. He stated there had been a little more activity during that period, but he is sure it will go back down in December. Member Breiner recommended that more attention be given to the definitions of affordability. She noted that the ranges for low and moderate income have not been put into the General Plan and she would like to have that addressed under the housing issues. Chairman Boro agreed, stating he feels it would be worthwhile if the Agency had a policy based on a one-person/two-person criteria, and related issues. Mr. Ours stated he will provide a policy for Agency review. Member Breiner moved and Member Thayer seconded, to accept the Quarterly Housing Report. AYES: MEMBERS: Breiner, Cohen, Shippey, Thayer & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None 4. NEGOTIATIONS REGARDING RAFAEL THEATRE: (RA) 324 a. 90 -DAY EXTENSION OF EXCLUSIVE RIGHT TO NEGOTIATE WITH S.K. HERZOG, INC., FOR PURCHASE OF THE RAFAEL THEATRE - File R-314 x R-324 b. APPROVAL OF EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT WITH THE FILM INSTITUTE OF NORTHERN CALIFORNIA FOR THE DEVELOPMENT OF THE RAFAEL THEATRE - File R- x R-314 Assistant Executive Director Ours stated that the proposed actions are necessary in order to start the environmental work and other actions to be done on the project, such as the D&D (Disposition & Development Agreement) on this project. He stated that staff is asking tonight for approval of an exclusive right to negotiate with the Film Institute of Northern California. He added that there is general information on what the final agreement will include, but it has not been finalized. What is being proposed is that the Agency will acquire the property, and how that will be done is still up to the negotiators. The Film Institute will purchase the property and will go through the approval process to get all of the necessary permits. This will be brought back to the Agency for final approval after the negotiations are completed, with a D&D Agreement which will be subject to the process of public meetings with notification and review and all of the requirements. Mr. Ours stated that the other part of the report tonight has to do with an extension of the Agency's negotiation agreement with the Herzog -Rake family so the Agency can be under contract with them and with the Film Institute at the same time. He explained that is the reason for the two Resolutions before the Agency tonight. Mark Fishkin, Executive Director of the Mill Valley Film Festival and the Film Institute of Northern California, addressed the Agency, stating he is delighted to have this opportunity regarding the proposed plans for the Rafael Theatre, and to be able to work on so many different levels. He stated he has been SRRA MINUTES (Regular) 10/19/92 Page 2 SRRA MINUTES (Regular) 10/19/92 - Page 3 involved with the Visions process for the revitalization of Downtown San Rafael, and the Rafael Theatre fits into the revitalization plan. He stated the Mill Valley Film Festival is dedicated to the presentation of high quality films, and it is his intention to run a year -around theater in downtown San Rafael which will be accessible and benefit the entire community of San Rafael. He stated it will not only revitalize the Downtown area, but will be a great opportunity to work with other educational groups, and he would like to work with teachers and educators. He stated he had been approached by the Principal of Tamalpais High School about a program for their curriculum, and Mr. Fishkin said he would like to develop such a program for San Rafael and throughout Marin County. John Newman of in San Rafael, stated he has enjoyed going to the Mill Valley Film Festival for the last five years, and has seen very fine films which would take years before they would be seen by the general public. He noted that the film industry is growing and thriving in Marin and this is an opportunity for San Rafael to become the center of that industry, as well as the cultural benefits. He stated this would put San Rafael on the map with an international industry. He stated he is on the Downtown Plan Committee and on the Film Board, because he believes strongly in Downtown, and because he enjoys films. He stated this is a great opportunity. Riley Newman addressed the Agency, stating he would like to have the theater in Downtown San Rafael, so he can see the films he likes. Cyr Miller, of a member of the Board of Directors of the West End Neighborhood Association and also on the Downtown Plan Committee, stated he had participated in five of the Visioning sessions. He reported that in conversations with his neighbors in the West End, and at least 75 people in the Visioning process, there was no one issue with a sense of agreement to it, like the reopening of the Rafael Theatre. He added that the enthusiastic response of the Mill Valley group becoming involved is a great benefit, and this is one issue he can guarantee that the neighborhoods and the stakeholders in the Downtown Plan agree upon. Member Breiner referred to Page 3 of the Exclusive Right to Negotiate Agreement. She quoted from the last sentence of the first paragraph, "The portion of the proceeds that the Agency would receive would be a percentage equal to the percentage of the total cost of acquisition of the Property and rehabilitation of the building represented by the Agency's cost of acquisition of the property". Mrs. Breiner asked for a clarification of the sentence. Mr. Ours explained that it means that if the property would have to be sold, the proceeds would be divided by a formula derived from what the Agency put into the property and what the developer put into the property, and there would then be a percentage of those two, and what the Agency would get would be equal percentages to what we put in. Mrs. Breiner stated she is not sure that this sentence says that correctly. Chairman Boro explained that this is in the event that the deal falls apart after the Agency acquires the property. Mrs. Breiner stated that what troubles her is the wording, "rehabilitation of the Building represented by the Agency's cost of acquisition of the property". Executive Director Nicolai explained that this wording has been reviewed by both of the attorneys. She stated they can refine the wording, but during the period of the exclusive right to negotiate it would not apply. However, once the property has been acquired and certain expenses incurred by the Film Institute, if the deal failed for some reason, we would split the proceeds. SRRA MINUTES (Regular) 10/19/92 Page 3 SRRA MINUTES (Regular) 10/19/92 - Page 4 Chairman Boro clarified that this is just a concept. Ms. Nicolai agreed. Member Cohen stated that this is a marvelous opportunity and we should not pass it up. Member Cohen moved and Member Breiner seconded, to: a. Adopt a Resolution authorizing execution of an Agreement for the Exclusive Right to Negotiate with Herzog -Rake Company for the purchase of the Rafael Theatre; and, b. Adopt a Resolution authorizing the Executive Director to execute an Exclusive Right to Negotiate Agreement for the Rafael Theatre with the Film Institute of Northern California. Chairman Boro stated for the record that he received a letter this evening from Barbara Fernbacher who is the manager of the Herzog properties, stating she is not able to be here tonight, but supports the efforts which are before us. a. RESOLUTION NO. 92-29 - RESOLUTION AUTHORIZING THE ASSISTANT EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT FOR THE EXCLUSIVE RIGHT TO NEGOTIATE WITH HERZOG-RAKE COMPANY (Re purchase of Rafael Theatre - 90 day extension beginning 10/19/92) b. RESOLUTION NO. 92-30 - RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT FOR THE RAFAEL THEATRE WITH THE FILM INSTITUTE OF NORTHERN CALIFORNIA (Re the feasibility of the Rafael Theatre as a cultural film venue) AYES: MEMBERS: Breiner, Cohen, Shippey, Thayer & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None Chairman Boro stated he is looking forward to this project in Downtown San Rafael, and expressed his gratitude to those involved. There being no further business, the meeting was adjourned at 8:05 PM. JEANNE M. LEONCINI, Agency Secretary SRRA MINUTES (Regular) 10/19/92 Page 4