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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