HomeMy WebLinkAboutSPJT Minutes 1993-10-18IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 18, 1993, AT 7:30 PM
Special Joint Meeting: Present: Albert J. Boro, Chairman/Mayor
San Rafael City Council/ Dorothy L. Breiner, Member/Councilmember
San Rafael Redevelopment Agency Paul M. Cohen, Member/Councilmember
Michael A. Shippey, Member/Councilmember
Joan Thayer, Member/Councilmember
Absent: None
Also Present: Pamela J. Nicolai, Executive Director/City Manager
Gary T. Ragghianti, Agency Attorney/City Attorney
Jeanne M. Leoncini, Agency Secretary/City Clerk
PUBLIC HEARING - REDEVELOPMENT AGENCY ADOPTION OF RESOLUTIONS MAKING CEQA FINDINGS AND
APPROVING A NEGATIVE DECLARATION AND A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY AND THE FILM INSTITUTE OF NORTHERN CALIFORNIA, AND AUTHORIZ-
ING EXECUTION OF A PURCHASE AGREEMENT FOR THE RAFAEL THEATRE - File R-324 x R-314 x
(SRCC) 140
and
PUBLIC HEARING - CITY COUNCIL ADOPTION OF A RESOLUTION MAKING FINDINGS PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33433 AND CEQA RELATED TO THE SALE OF THE RAFAEL THEATRE BY
THE REDEVELOPMENT AGENCY; 1112 TO 1118 FOURTH STREET AND 1005 AND 1011 "A" STREET, AP
#11-215-03; APPLICANTS, THE FILM INSTITUTE OF NORTHERN CALIFORNIA - File 140 x
(SRRA) R-324 x R-314
Chairman/Mayor Boro opened the public hearings and explained the purpose of these Public
Hearings is to describe the rehabilitation and the progress made to date and to make
some decisions regarding the Rafael Theatre.
Jake Ours, Assistant Executive Director of the San Rafael Redevelopment Agency, showed a
slide presentation. He then explained that before the Agency and City Council tonight
are Negative Declaration, a Disposition of Development Agreement and a Purchase
Agreement and the supporting agreements for those regarding the purchase of the Rafael
Theatre.
Mr. Ours explained that the Negative Declaration is for the rehabilitation of the Rafael
Theatre into a 570 seat, 3 screen theater with a cafe and office space. It would be
the home base for the Film Institute of Northern California and a 365 -day a year
activity center in downtown San Rafael. He noted that in the visioning process, one
of the things that we have been working towards is more downtown activity, especially
in the evenings. The Negative Declaration is based mainly on the historic
preservation element, which we are all very concerned about. This idea has been con-
veyed to the Film Institute. Their drawings have preserved the historic nature of the
theater, yet allowed for it to become a modern theater that would be structurally
sound and economically viable. In the Negative Declaration, all the areas of concern
have been addressed. Experts were hired by the Redevelopment Agency early in this
process so we would know what to look out for. One of the beauties of the proposal is
that it is reversible. That is a very important consideration. Traffic and other
factors were also studied.
The second item that the Redevelopment Agency will be looking at is certifying the
Negative Declaration and also certifying the purchase price of the property.
The Disposition and Development Agreement for the property, which is the third item, calls
for the theater to be rehabilitated and to be operated for forty years. The Agency's
participation in that is the purchase of the land and the relocation of the existing
tenants. The Film Institute of Northern California's portion is the rehab, which is
by far the larger portion.
The last and final item for the Redevelopment Agency is authorizing the Agency to purchase
the property from the Herzog -Rake people.
One of the things that is covered in the Disposition and Development Agreement is the
participation of the Film Institute in a fundraising event for cultural events in San
Rafael. This will be a partial repayment and they will be obligated to an annual
cultural event that will benefit whatever the City decides.
The Film Institute is to operate the theater for forty years. For the first twenty- five
years they will operate it. In the twenty sixth year they will start receiving credit
towards the purchase price - the last fifteen years, they will receive 1/15th of the
outstanding purchase price in credit. What the City and the Agency are receiving is
the fundraising event, the activity level and the increase in activity for forty
years.
SRRA/SRCC MINUTES (Spec.Joint) 10/18/93 Page 1
Chairman/Mayor Boro asked Mr. Ours to describe how the Redevelopment Agency and the Film
Institute are protected.
Mr. Ours stated that before the Institute can purchase the property, they must obtain all
City approvals for rehabilitation of the property, prepare construction plans for the
rehabilitation, obtain the building permit and secure funds for the rehabilita- tion.
He indicated what we are doing tonight is signing these agreements saying that "If
you do these things, we will do these things, and until they are all done, the deal
isn't done." Before selling the theater to the Institute, the Agency must sepa- rate
the theater from the rest of the site (there's a subdivision we have to do on the
site), we have to purchase the property, and we would purchase the property at the
same time as all the other items are in place, and relocate the existing tenants. This
is a very touchy thing because the tenants who are in there are tenants we want to
maintain in downtown San Rafael. Rafael Book and News has a wonderful following.
We're working with the owners to move them right next to the theater, and they're very
happy about that. The 20/20 Optical people have found a place directly across the
street, so they are happy. We're looking for space for the people upstairs. We aren't
going to lose anybody in downtown San Rafael which is a big consideration when doing a
redevelopment project. We want to keep everything, plus gain some more.
Member/Councilmember Thayer asked why didn't we go at it in terms of a lease arrange- ment
to the Film Institute as opposed to an outright purchase?
Mr. Ours answered that the Institute wants a commitment; they want to have the ability to
own their own land. Many of the fundraising issues that they go into, the question
will be asked, "Do you own this property?" What we're doing is giving them a Deed of
Trust for the property, and they will ultimately own it. That is very important to
the people who are giving them $3 million to build the theater. They want to make
sure their money is staying in the theater business and the City is not going to
directly benefit, other than from the spin-off. Ownership by the Film Institute is a
critical element in their fundraising.
Chairman/Mayor Boro welcomed Ann Brebner, who has been heading up this overall effort and
Mark Fishkin, the Executive Director of the Film Institute. He also stated that we
received a letter of support from Marin Heritage.
Mr. Ours added that regarding the fundraising, it should generate about $10,000 per year
towards the cultural venues of San Rafael.
Chairman/Mayor Boro stated that if there was no one who wanted to address the
Agency/Council at this time, the public hearing was closed.
Member/Councilmember Breiner commented that this is a very ambitious endeavor, noting she
is thrilled that the City and Redevelopment Agency are working so well with the Film
Institute. She feels the endeavor is worth the time, energy and dollars that it will
take from the standpoint of what it does for the community, the cultural values,
historic preservation and certainly is a key part to the rejuvenation of downtown.
SAN RAFAEL REDEVELOPMENT AGENCY
1.RESOLUTION OF THE SAN RAFAEL REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT RELATED TO THE RAFAEL THEATRE PROJECT, 1118 FOURTH STREET, SAN
RAFAEL (PORTION OF ASSESSOR'S PARCEL #11-215-03)
Member Breiner moved and Member Shippey seconded, to adopt the Resolution.
RESOLUTION NO. 93-29 - RESOLUTION OF THE SAN RAFAEL REDEVELOPMENT AGENCY MAKING
CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND APPROVING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT RELATED TO THE RAFAEL THEATRE PROJECT,
1118 FOURTH STREET, SAN RAFAEL (PORTION OF ASSESSOR'S PARCEL
#11-215-03)
AYES: MEMBERS: Breiner, Cohen, Shippey, Thayer & Chairman Boro
NOES: MEMBERS: None
ABSENT: MEMBERS: None
SAN RAFAEL CITY COUNCIL
2.RESOLUTION OF THE CITY COUNCIL MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33433 AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RELATED TO THE
PURCHASE AND SALE OF PROPERTY LOCATED AT 1118 FOURTH STREET, SAN RAFAEL (PORTION OF
ASSESSOR'S PARCEL #11-215-03) BY THE SAN RAFAEL REDEVELOPMENT AGENCY AND THE
REHABILITATION OF SAME BY THE FILM INSTITUTE OF NORTHERN CALIFORNIA
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution.
SRRA/SRCC MINUTES (Spec.Joint) 10/18/93 Page 2
RESOLUTION NO. 9036 - RESOLUTION OF THE CITY COUNCIL MAKING CERTAIN FINDINGS PURSUANT
TO HEALTH AND SAFELY CODE SECTION 33433 AND THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT RELATED TO THE PURCHASE AND SALE OF
PROPERTY LOCATED AT 1118 FOURTH STREET, SAN RAFAEL (PORTION OF
ASSESSOR'S PARCEL #11-215-03) BY THE SAN RAFAEL REDEVELOPMENT
AGENCY AND THE REHABILITATION OF SAME BY THE FILM INSTITUTE OF
NORTHERN CALIFORNIA
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SAN RAFAEL REDEVELOPMENT AGENCY
3.RESOLUTION APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT
AGENCY AND THE FILM INSTITUTE OF NORTHERN CALIFORNIA FOR THE SALE AND REHABILITATION
OF THE RAFAEL THEATRE, LOCATED AT 1118 FOURTH STREET, SAN RAFAEL (PORTION OF
ASSESSOR'S PARCEL #11-215-03)
Member Shippey moved and Member Cohen seconded, to approve a Disposition and Development
Agreement.
RESOLUTION NO. 93-30 - RESOLUTION OF THE SAN RAFAEL DEVELOPMENT AGENCY APPROVING A
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOP-
MENT AGENCY AND THE FILM INSTITUTE OF NORTHERN CALIFORNIA FOR
THE SALE AND REHABILITATION OF THE RAFAEL THEATRE, LOCATED AT
1118 FOURTH STREET, SAN RAFAEL (PORTION OF ASSESSOR'S PARCEL
#11-215-03)
AYES: MEMBERS: Breiner, Cohen, Shippey, Thayer & Chairman Boro
NOES: MEMBERS: None
ABSENT: MEMBERS: None
4.RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR THE PURCHASE OF
THE RAFAEL THEATRE, LOCATED AT 1118 FOURTH STREET, SAN RAFAEL (PORTION OF ASSESSOR'S
PARCEL #11-215-03)
Member Thayer and Member Cohen seconded, to adopt the Resolution.
RESOLUTION NO. 93-31 - RESOLUTION OF THE SAN RAFAEL REDEVELOPMENT AGENCY AUTHORIZING
EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR THE PURCHASE OF
THE RAFAEL THEATRE, LOCATED AT 1118 FOURTH STREET, SAN RAFAEL
(PORTION OF ASSESSOR'S PARCEL #11-215-03)
AYES: MEMBERS: Breiner, Cohen, Shippey, Thayer & Chairman Boro
NOES: MEMBERS: None
ABSENT: MEMBERS: None
Chairman/Mayor Boro noted that everyone in San Rafael and Marin County will be extremely
pleased and thrilled with what the Film Institute will be bringing to our City, and we
are looking forward to it and waiting for the opening.
There being no further business, the meeting was adjourned at 8:00 PM.
JEANNE M. LEONCINI, Agency Secretary/City Clerk
APPROVED THIS DAY OF
1993
CHAIRMAN OF THE SAN RAFAEL REDEVELOPMENT AGENCY/
MAYOR OF THE CITY OF SAN RAFAEL
SRRA/SRCC MINUTES (Spec.Joint) 10/18/93 Page 3