minutes of the JOINT San José city council
AND REDEVELOPMENT AGENCY BOARD
SAN JOSÉ, CALIFORNIA TUESDAY,
OCTOBER 14, 2003
The Council of the City of San José convened
at 3:54 p.m. to hear Item 7.1, 7.2, 7.3, and 7.4 in a Joint Session with the
Redevelopment Agency Board in Council Chambers at City Hall.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - None.
JOINT REDEVELOMENT AGENCY/CITY COUNCIL ITEM
The Council of the City of San José convened at 3:54 p.m. to hear Items 7.1, 7.2, 7.3, and 7.4 in a Joint Session with the Redevelopment Agency.
7.1 (a) Approve a Cooperation Agreement providing for the Agency’s transfer of the Fourth Street Garage to the City, and authorizing the City Manager and Executive Director to execute all necessary documents to effect the conveyance of the Fourth Street Garage from the Redevelopment Agency to the City of San José; and,
(b) Approve a Master Lease Agreement between the Agency and the City whereby the Agency will lease from the City all ground floor Retail Space in the Fourth Street Garage for a term of five years, with one five-year option, to allow the Agency to further redevelopment goals in the Strong Neighborhoods Initiative Project Area.
CEQA: Resolution No. 68839, PP03-09-280 [CIVIC CENTER] (Deferred 9/23/03, Item 7.1)
Documents Filed: Memorandum from Redevelopment Agency Executive Director Susan Shick, and City Manager Del Borgsdorf, dated October 14, 2003, recommending approval of said Cooperation Agreement and said Master Lease Agreement.
Discussion/Action: Mayor Gonzales called for public testimony. William Garbett spoke on the issue. Upon motion by Vice Mayor Dando, seconded by Council Member Cortese, and carried unanimously, the Cooperation Agreement providing for the Agency’s transfer of the Fourth Street Garage to the City was approved and the City Manager, and Executive Director were authorized to execute all necessary documents to effect the conveyance of the Fourth Street Garage from the Redevelopment Agency to the City of San José; the Master Lease Agreement between the Agency and the City whereby the Agency will lease from the City all ground floor Retail Space in the Fourth Street Garage for a term of five years, with one five-year option, to allow the Agency to further redevelopment goals in the Strong Neighborhoods Initiative Project Area, was approved. Vote: 11-0-0-0.
7.2 Adoption of resolutions by the City Council and Redevelopment Agency for Japantown cultural preservation projects.
(a) Adoption of a resolution by Redevelopment Agency authorizing the Executive Director to apply for Proposition 40 funds for Japantown cultural preservation projects and designating the Japantown Community Congress as the community organization to advise the Agency on the grant-funded projects; execute a grant agreement with the California Department of Parks and Recreation; and encumber grant funds for the identified projects.
(b) Approval by City Council and Redevelopment Agency of a cooperation agreement between the City and Agency assigning the City’s grant under Senate Bill 307 (SB307) for Japantown cultural preservation projects to the Agency; and,
(c) Adoption of a resolution by the Redevelopment Agency approving amendments to the FY 2003-04 Appropriations Resolution to reflect adjustments to the FY 2003-04 Revenue and Capital Budget to accept the grant proceeds
CEQA: ND, PP03-07-240 [JAPANTOWN]
Documents Filed: Memorandum from Redevelopment Agency Executive Director Susan Shick, and City Manager Del Borgsdorf, dated October 14, 2003, recommending adoption of said resolutions, and approval of a cooperation agreement between the City and Agency assigning the City’s grant under Senate Bill 307 (SB307) for Japantown cultural preservation projects to the Agency.
Discussion/Action: Mayor Gonzales called for public testimony. Michelle Martin spoke on the issue. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and carried unanimously, the cooperation agreement between the City and Agency assigning the City’s grant under Senate Bill 307 (SB307) for Japantown cultural preservation projects to the Agency was approved, and Redevelopment Agency Resolution Nos. 5439 and 5440 were adopted. Vote: 11-0-0-0.
7.3 Approval to transfer the Repertory Theatre from the Agency to the City, and related actions. It is recommended that the City Council and Redevelopment Agency approve an Amended and Restated Cooperation Agreement between the Agency and the City, pertaining to the San José Repertory Theatre and Plaza. CEQA: Resolution No. 68839, PP03-08-250. [SAN ANTONIO PLAZA] (Deferred 9/23/03, Item 7.2)
Documents Filed: Memorandum from Redevelopment Agency Executive Director Susan Shick, and City Manager Del Borgsdorf, dated October 14, 2003, recommending approval of an amended and restated Cooperation Agreement between the Agency and the City, pertaining to the San José Repertory Theatre and Plaza.
Discussion/Action: Mayor Gonzales called for public testimony. William Garbett spoke on the issue. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and carried unanimously, the Cooperation Agreement between the Agency and the City, pertaining to the San José Repertory Theatre and Plaza, was approved. Vote: 11-0-0-0.
7.4 (a) Adoption of a resolution by the Redevelopment Agency:
(1) Approving an agreement with Camera Pavilion Management Corporation (CPMC) for a Commercial Building Loan in an amount not to exceed $2,500,000 and a Façade Improvement Grant in an amount not to exceed $198,000; and,
(2) Approving a Sublease between F.C. Pavilion, LLC, and CPMC for the lease of theater space at 201 South Second Street (former UA Theater building) and extinguishing an easement allowing for the use of theatre facilities for no rent; and,
(3) Approving a Master Lease between the Agency and the City for 11,700 square feet of retail space at the Block 6 Parking Garage for a twenty year term and two five-year options and a Quitclaim to be executed by the Agency quitclaiming any remaining interest in the underlying fee in the Block 6 Parking Garage to the City; and
(4) Approving a Lease Amendment with SFC Associates VI for retail space at Block 6 for a two-year term; and,
(5) Approving a Purchase and Sale Agreement between the Agency and James E. Zuur, Mary Ellen Bohnsack, Jack E. Nyblom, Raphaela Nyblom, and Dennis Skaggs, Trustor, for the sale to the Agency of the real property located at 366 South First Street for a purchase price of $1,020,000; and,
(6) Approving an Interim Lease with CPMC for 366 South First Street to operate the Camera One theatre until 201 South Second Street is ready for occupancy; and,
(7) Approving a Parking Agreement between the Agency, the City, and CPMC setting forth the parking and validation rights of CPMC with respect to patron parking; and,
(8) Approving a Use Agreement with CPMC in an amount not to exceed $36,000 per year for three years; and,
(9) Approving a Lease Amendment with F.C. Fairmont, LLC, allowing for the acceleration of the option to purchase real property at 50 West San Fernando Street from the Agency, authorizing the sale of said property for a purchase price of $4,000,000, and authorizing the Executive Director to execute such documents as necessary to implement the amendment and sale; and,
(10) Approving a Lease Amendment with F.C. Pavilion, LLC, modifying the schedule of rents and allowing for the acceleration of the option to purchase real property at 201 South Second Street from the Agency upon the occurrence of certain future conditions, authorizing the sale of said property upon exercise of the option, and authorizing the Executive Director to execute such documents as necessary to implement the amendment and sale; and,
(11) Approving such other related documents as referenced in the agreements and authorizing the Executive Director to negotiate and execute such documents, where applicable, and authorizing the Executive Director to make minor amendments to the documents as necessary to the extent consistent with this memorandum.
(1) Approving a Master Lease Between the Redevelopment Agency and the City of San José for 11,700 square feet of retail space at the Block 6 Parking Garage for a twenty year term and two five-year options; and,
(2) Approving a Parking Agreement between the Redevelopment Agency, the City and CPMC setting forth the parking and validation rights of CPMC with respect to patron parking.
CEQA: Resolution No. 68839; RCP02-06-008 [SAN ANTONIO PLAZA]
Documents Filed: Memorandum from Redevelopment Agency Executive Director Susan Shick, and City Manager Del Borgsdorf, dated October 14, 2003, recommending adoption of said resolutions by the Redevelopment Agency and the City Council.
Discussion/Action: Mayor Gonzales called for public testimony. William Garbett spoke on the issue. Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and carried unanimously, Resolution No. 71785, entitled: “A Resolution of the Council of the City of San José Approving a Master Lease Between the Redevelopment Agency and the City of San José for 11,700 Square Feet of Retail Space at the Block 6 Parking Garage for a Twenty-Year Term and Two Five-Year Options; and Approving a Parking Agreement Between the Redevelopment Agency, the City and Camera Pavilion Management Corporation Setting Forth the Parking and Validation Rights of CPMC with Respect to Patron Parking”, and Redevelopment Agency Resolution No. 5441 were adopted. Vote: 11-0-0-0.
ADJOURNMENT
The Council of the City of San José and
Redevelopment Agency Board adjourned at 4:10 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK