HomeMy WebLinkAboutResolution 2019-167 N.C.S. 10/07/2019Resolution No. 2019-167 N.C.S.
of the City of Petaluma, California
RESOLUTION OF INTENT TO CONVEY THE POLLY KLAAS PERFORMING ARTS
CENTER PROPERTY AND $65,000 IN RENOVATION FUNDING TO THE POLLY
KLAAS FOUNDATION SUBJECT TO THE FOUNDATION RAISING $1 MILLION
FOR RENOVATIONS AND OTHER SPECIFIED CONDITIONS
WHEREAS, the Polly Hannah Klaas Performing Arts Center ("Center"), constructed in
1910-1911, is located at 417 Western Avenue, identified as Assessor Parcel Number 008-043-
001, on the triangular parcel that lies between the intersections of English Street, Post Street and
Western Avenue ("Property"), directly across English Street from Petaluma City Hall in the City
of Petaluma; and
WHEREAS, in 1971, the City of Petaluma agreed to purchase the Property from the
Christian Church of Petaluma for $22,500, with the intention of demolishing the structure and
utilizing the site for parking to support City Hall expansion; and
WHEREAS, following acquisition by the City, concerned citizens launched a campaign
to save the facility, which was assigned to the Recreation Department, referred to as the Five
Corners Community Center, partially renovated with a roof replacement and electrical upgrades,
and used for recreation activities that included performing arts; and
WHEREAS, in January 1994 the City Council adopted Resolution 94-13 N.C.S. naming
the building on the Property the Polly Hannah Klaas Performing Arts Center and declaring the
City Council's intent to establish a lasting tribute to Polly Hannah Klaas, citing the Center as an
appropriate remembrance because theater and the performing arts held a special place in the
heart of Polly Klaas, and further declaring that "the memory of this special child will forever be a
part of the community of Petaluma;" and
WHEREAS, several attempts have been made to generate revenue to renovate and
operate the Center for the purpose of providing a venue for youth performing arts, including
those of the non-profit group Polly Hannah Klaas Performing Arts Theater Company ("Theater
Company") that were derailed in 2004 when its executive director was found guilty of
embezzling funds from the group; and
WHEREAS, a further attempt to partner with Cinnabar Theater for Center renovations
and operation failed when the economy weakened in 2008 and 2009 and the Theater withdrew
from discussions in order to concentrate on assuring funding to continue existing operations; and
Resolution No. 2019-167 N.C.S. Page 1
WHEREAS, a 2012 campaign to adopt a parcel tax for local parks and recreation
projects included the Center as a priority project, but was narrowly defeated despite achieving a
61.9% yes vote; and
WHEREAS, in approximately 2007, the Center's fire rating was changed from
Assembly Occupancy to Storage, in part because many of the building's safety features require
maintenance, repair or upgrades, making it was unsafe for large gatherings; and
WHEREAS, the City continues to hold nearly $170,000 raised by the Theater Company
for Center renovations; and
WHEREAS, the Polly Klaas Foundation ("Foundation") is a Petaluma -based, national
nonprofit dedicated to the safety of all children, the recovery of missing children, and public
policies that keep children safe in their communities; and
WHEREAS, according to the Foundation's website, since its founding in 1993, the
Foundation has used compassion, experience and professionalism to help more than 10,000
families find missing children; and
WHEREAS, the Foundation has consistently expressed an interest in the status of the
Center and City and Foundation staff have been engaged in discussions for nearly 2 years
regarding a potential partnership in support of the Center; and
WHEREAS, approximately $6,000 of funds held by the City for renovation of the
Center has been used to analyze the Center and develop renovation renderings; and
WHEREAS, in January 2018, City staff proposed a potential partnership to the
Foundation Board; and
WHEREAS, the Foundation has expressed its intent to acquire the Property from the
City and to renovate and operate the Center on the Property as a youth -focused performing arts
and community center; and
WHEREAS, the $170,000 the Theater Company previously raised for Center
renovations is well short of the estimated $1.2 million needed to rehabilitate the Center; and
WHEREAS, the Foundation appears uniquely positioned to assume a partnership role
with the City that can prevent demolition by neglect of the Center, instead helping it become an
important community asset that provides recreational opportunities and a safe place for Petaluma
youth;
Resolution No. 2019-167 N.C.S. Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The City Manager is hereby authorized and directed to oversee transfer from the City to
the Foundation of funding in the amount of $65,000 raised by the Theater Company for
renovation of the Center to assist the Foundation in launching a capital campaign to raise
funds for Center renovations and maintenance.
2. The City Manager and the City Attorney are hereby authorized and directed to work with
the Foundation Board and staff to establish the details of a partnership between the City
and the Foundation intended to protect the public's interest in the availability and sound
management of the Center as a youth oriented performing arts center and a permanent
tribute to Polly Klaas and the Foundation's service mission in her memory. The
proposed partnership should include a Foundation capital campaign, conveyance of the
Center and the Property to the Foundation upon conclusion of the campaign, and
contribution the remaining funds the City is holding for renovation of the Center to the
project, subject to appropriate purchase and sale and conditions and deed restrictions in
accordance with this resolution of intent.
3. Staff are hereby directed to return to the City Council with transactional documents for
implementing the proposed City/Foundation partnership for renovation and operation of
the Center. The transactional documents should include an ordinance for effecting
property transfer in accordance with City Charter requirements, and a purchase and sale
agreement and quitclaim deed, and such other documents as may be necessary and
appropriate and should include safeguards ensuring that the intended use of the Center
will continue as a permanent use. The transactional documents should implement and
include the following requirements:
a. Acknowledgment of transfer from the City to the Foundation of funding in the
amount of $65,000 to assist the Foundation in launching a capital campaign to
raise funds for Center renovations and maintenance.
b. The Foundation raising $1,000,000 in cash and in-kind contributions towards the
total $1,200,000 fundraising goal before the conveyance of the Property.
c. Following a successful capital campaign generating a total value of $1,000,000 in
cash and in-kind donations, the City conveying the Center and the Property to the
Foundation for the appraised value of $18,500 and the City releasing to the
Foundation the remaining renovation funds totaling approximately $105,000 held
by the City from previous fundraising efforts.
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d. A long-term parking agreement between the City and the Foundation to give
Center programs and activities access to needed parking in the City Hall parking
areas during times of low use.
e. City review and approval of proposed building renovations including by the
Planning Commission, Historic and Cultural Preservation Committee, Building
Department and other departments as required to assure code compliance and
building safety and to ensure that the integrity of the historic building is retained.
f. Safeguards in the transactional documents to assure that the Center will continue
to operate as a youth oriented performing arts center and a memorial to Polly
Klaas and the Foundation's service mission in her memory in perpetuity.
g. Satisfaction of all substantive and procedural requirements that apply to the
proposed partnership, sale, and renovation, including state law requirements
(including California Environmental Quality Act requirements), City Charter and
Municipal Code requirements, and other applicable requirements.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App�!,ed as to
Council of the City of Petaluma at a Regular meeting on the Th day of October f m:
2019, by the following vote: �r
�a
City Att rney
AYES: Mayor Barrett; Fischer; Healy; Kearney; King; Vice Mayor McDonnell; Miller
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk Mayor
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