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HomeMy WebLinkAbout2014-02-18 E-PacketP.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CITY HALL LARGE CONFERENCE ROOM, TOP FLOOR 400 GRAND AVENUE TUESDAY, FEBRUARY 18, 2014 2:00 P.M. PEOPLE OF SAN MATEO COUNTY You are invited to offer your suggestions. In order that you may know our method of conducting Board business, we proceed as follows: The regular meetings of the South San Francisco Oversight Board for the Successor Agency to the City of South San Francisco Redevelopment Agency are held on the third `Tuesday of each month at 2:00 p.m. in the in the Large Conference Room, Top Floor at City Hall, 400 Grand Avenue, South San Francisco, California. In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk's Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. In compliance with Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the South San Francisco City Clerk's Office at (650) 877-8518. Notification 48 hours in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Chairperson: Neil Cullen Selected by: Largest Special District of the type in H&R Code Section 34188 Vice Chair: Patti Ernsberger Selected by: San Mateo County Superintendent of Schools Assistant Superintendent, Business Services South San Francisco Unified School District Alternate: Alejandro Hogan Superintendent, South San Francisco Unified School District Board Members: Mark Addiego Councilmember, City of South San Francisco Gerry Beaudin Principal Planner, City of South San Francisco Selected by: Mayor of the City of South San Francisco Mayor of the City of South San Francisco Barbara Christensen Chancellor of California Community College Director of Community/Government Relations, San Mateo County Community College District Reyna Farrales Deputy County Manager, San Mateo County Paul Scannell Counsel Craig Labadie San Mateo County Board of Supervisors San Mateo County Board of Supervisors (Public Member) Advisor Rm Steele — Finance Director, City of South San Francisco Robin Donoghue — Interim General Counsel, Successor Agency of the City of South San Francisco Krista Martinelli — City Clerk, City of South San Francisco Armando Sanchez — Redevelopment Consultant, City of South San Francisco CALL TO ORDER • PLEDGE OF ALLEGIANCE AGENDA REVIEW COMMUNICATIONS FROM STAFF OVI'MIGHT130ARD REGULAR MEETING FEBRUARY 18, 2014 AGENDA PAGE PUBLIC COMMENTS Comments from members of the public on items not on this meeting agenda, The Chair may set time limit for speakers. Since these topics are non-agenda items, the Board may briefly respond to statements made or questions posed as allowed by the Brown Act (Government Code Section 54954.2). However, the Board may refer items to staff for attention, or have a matter placed on a future agenda for a more comprehensive action report. MATTERS FOR CONSIDERATION I Motion to approve the Minutes of the Special Meeting of November 12, 2013 and the Regular Meeting of November 19, 2013. 2. Resolution approving a Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for the period from July through December 2014, pursuant to Health & Safety Code Section 341770) & (1). 3. Future Agenda Items. a) Consideration of revenue sharing agreement related to assignment of the Master Commercial Lease at 636 El Camino Real. b) Resolution approving a License Agreement between the City of South San Francisco Successor Agency to the Redevelopment Agency and Pacific, Gas & Electric (PG&E) to use a vacant site on Antoinette Land (APN 093 - 312 -050) as a contractor office, a staging area, and employee parking for the replacement of a 30 inch gas pipeline in South San Francisco. For the period of May I st to December 31, 2014. ADJOURNMENT 0'\1!',RS1GF1T BOARD REGITIAR MFE3'TN(. FEBRUARY 18,2014, AGENDA PAGE 3 DATE. February 18, 2014 TO: Members of the Oversight Board FROM: Jim Steele, Director of Finance SUBJECT: APPROVAL OF THE DR-AFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY THORUGH DECEMBER 2014 jtjq�f 0110513101 fflj It is recommended that the Oversight Board approve the attached resolution and draft Recognized Obligation Payment Schedule (ROPS 14-15A) for the period July through December 2014. BACKGROUND/DISCU"S SION Attached please find the next six month period proposed ROPS 14-15A. This ROPS will form the basis for the County's distribution of Redevelopment Property Tax Trust Fund dollars (RPTTF, or former RDA property taxes) to the Successor Agency to pay enforceable obligations for the period July through December 2014. Assembly Bill 1484 requires the ROPS to be submitted to the State and County no later than March 3, 2014. The Successor Agency reviewed the proposed ROPS and approved its submittal to the Oversight Board on February 12, 2014. The proposed ROPS 14-15A includes the following highlights: The biannual $3 million contribution to the Oyster Point Ventures Disposition and Development Agreement (DDA) Escrow Account. These are the funds that the Redevelopment Agency was obligated under a DDA to set aside to fund the initial infrastructure improvements to facilitate Oyster Point Ventures' potential future development of a biotech campus at Oyster Point. After the ROPS 14-15A deposit, there will be $21 million set aside in the escrow account. If the development does not occur by the trigger points/timelines established in the DDA, those dollars will ultimately flow back to all taxing entities. Staff is continuing to explore opportunities to use low to moderate income housing bond funds from prior years to expand South San Francisco's affordable housing stock. Currently there are $2.38 million in bond proceeds available. Staff Report Subject: Recognized Obligation Payment Schedule for July through December 2014 Page 2 • Administration costs for ROPE 14-15A are estimated to be $171,868. The Board may recall that in October 2013, the Oversight Board and the State approved moving $1.85 million in excess funds from the 2006 RDA Bond Retirement Escrow account into another account that can be used to pay debt service. This action reduces RPTTF funding needs for ROPE 14- 15A, and increases property tax revenue, by $1.85 million to taxing entities, CONCLUSION Adoption of this resolution and schedule will fulfill the requirements of Health and Safety Code Section 34177(1) regarding adoption of a ROPS 14-15A for the period July through December 2014. By: Jim S le Jim Finan e Director Approved: Steven T. Mattas Interim City Manager Attachments: Resolution Exhibit A - Draft BOPS Exhibit B - Support for Administrative Costs Appearing on the Draft RODS Exhibit C - Support for Other Revenues Appearing on the Draft BOPS JS/STNI:ed Itj 0113 XTA 81981 KTUM r r, r, 1 APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) AND ADMINISTRATIVE BUDGET FOR THE PERIOD JULY THROUGH DECEMBER. 2014, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(1) WHEREAS, pursuant to Health and Safety Code Section 34177(1), before each six- month fiscal period, the successor agency to a dissolved redevelopment agency is required to prepare a draft Recognized Obligation Payment Schedule ( "ROPS ") that lists all of the obligations that are "enforceable obligations" within the meaning of Health and Safety Code Section 34177, and which identifies a source of payment for each such obligation from among (i) bond proceeds, (ii) reserve balances, (iii) the administrative cost allowance, (iv) revenues from rents, concessions, interest earnings, loan repayments, or asset sales, or (v) the Redevelopment Property Tax Trust Fund established by the County Auditor- Controller to the extent no other source of funding is available or payment from property tax is contractually or statutorily required, and WHEREAS, the draft ROPS must be concurrently submitted to the County Administrative Officer, the County Auditor - Controller, the State Department of Finance and the Oversight Board established to review Successor Agency actions; and WHEREAS, pursuant to Health and Safety Code Section 341770), the Successor Agency also must prepare a proposed administrative budget and submit it to the Oversight Board for approval, including the estimated amounts for Successor Agency administrative costs for the upcoming six -month fiscal period and proposed sources of payment for those costs, and WHEREAS, once the ROPS is approved by the Oversight Board, the ROPE must be posted on the Successor Agency's website and transmitted to the County Auditor- Controller, the State Department of Finance, and the State Controller. NOW, THEREFORE, the Oversight Board for the Successor Agency to the Redevelopment Agency of the City of South San Francisco does hereby resolve as follows: 1. The Recitals set forth above are true and correct, and are incorporated herein by reference. 2. The Recognized Obligation Payment Schedule (BOPS) and administrative budget for the period July 1 through December 31, 2014 attached hereto as Exhibit A are hereby approved. 3. The Finance Director is authorized to modify the ROPE to correct errors and provide clarifications consistent with requirements of the Department of Finance and the intent of this Resolution. 4. The City Manager or designee is authorized and directed to take all actions necessary to implement this Resolution, including without limitation, the submittal of the RAPS to the County Auditor-Controller, the County Administrative Officer, the State Department of Finance, and the State Controller, and the posting of this Resolution and the ROPS on the Successor Agency's website. 5. The Oversight Board Chairperson or Vice Chairperson in his absence is hereby authorized to certify the ROPS. 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B ox 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CITY HALL LARGE CO"1FIT6". *0 1P K., Iffim 11MAINN MANY 91091 TUESDAY, NOVEMBER 19, 2013 2:00 P.M. CALL TO ORDER Time 2:02 p.m. ROLL CALL Present: Boardmembers Addiego, Beaudin, Christensen, Farrales, Vice Chair Emsberger and Chairperson Cullen, Absent: Boardmember Scannell, PLEDGE OF ALLEGIANCE AGENDA REVIEW None. COMMUNICATIONS FROM STAFF None. PUBLIC COMMENTS None. MATTERS FOR CONSIDERATION I . Motion to approve the Minutes of the Special Meeting of October 30, 2013. Motion- Boardmember /Second- - to approve the Minutes of the Special Meeting of October 30, 2013 as amended. Approved by the following voice vote: AYES: Boardmembers Addiego, Beaudin, Christensen, Farrales, Vice Chair Ernsberger and Chair Cullen; NOES: None; ABSTAIN: None; ABSENT: Boardmember Scannell. 2. Resolution No. 22-2013 Approving the Long Range Property Management Plan Pursuant to Health and Safety Code Section 34191.5 and Authorizing Related Actions. Consultant Sanchez explained that staff made all the corrections requested by the Board at the previous meeting. The key changes made to the plan were: placing deed restrictions on the governmental properties, the distribution of funds as a prorated share according to the property tax distribution at the time and that the net proceeds from each property would be distributed to the taxing agencies. In addition, Boardmember Beaudin's corrections that were submitted to the Board, were technical corrections that staff intended to make with the Board's permission before the plan's submittal. Motion- Boardmember Beaudin/ Second- Boardmember Christensen- to approve Resolution No. 22- 2013. Approved by the following voice vote: AYES: Boardmembers Addiego, Beaudin, Christensen, Farrales, Vice Chair Ernsberger and Chair Cullen; NOES: None; ABSTAIN: None; ABSENT: Boardmember Scannell. 3. Future Agenda Items. a) Consideration of revenue sharing agreement related to assignment of the Master Commercial Lease at 636 EI Camino Real. Motion- Boardmember Beaudin/ Second- Boardmember Addiego- to adjourn the meeting. Approved by the following voice vote: AYES: Boardmembers Addiego, Beaudin, Christensen, Farrales, Vice Chair Emsberger and Chair Cullen; NOES. None; ABSTAIN: None; ABSENT: Boardmember Scannell. Pursuant to the above motion, Chair Cullen adjourned the meeting at 2:07 p.m. Approved: Neil Cullen, Chairperson Oversight Board for the Successor Agency to the South San Francisco Redevelopment Agency OVERSIGHT BOARD REGUIAR MEET rING NOVrMBER 19, 2013 MINI TITS PAGE 2 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CITY HALL LARGE CONFERENCE ROOM, TOP FLOOR 400 GRAND AVENUE TUESDAY, NOVEMBER 12, 2013 2:00 P,M, CALL TO ORDER Time: 2:00 p.m. ROLL CALL Present: Boardmembers Addiego*, Beaudin, Christensen, Farrales, Vice Chair Ernsberger and Chairperson Cullen. PLEDGE OF ALLEGIANCE AGENDA REVIEW us MW Absent: Bo,ardmember Scannell. *Boardmember Addiego arrived at 2:05 p.m. Led By. Finance Director Steele. COMMUNICATIONS FROM STAFF a. Status of response to Nawied Amin- public comment at the meeting of September 17, 2013. Finance Director Steele informed the Board that an email had been sent to Nawied Amin in response to his questions, b. Truing up of unfunded health costs. In regards to Boardmember Scannell's query on the truing up unfunded costs, Finance Director Steele stated that it would be up to the Board to request the truing up or not. The costs could go up or down and typically actuarial studies were conducted every year or two. The staffing component would not change but one cost that would change would be the overall liability. Finance Director Steele suggested that if the Board so wished, an actuarial study could be done three months before the last ROPS and dissolution of the Board. c. Residual in the Redevelopment Property Tax Trust Fund. Finance Director Steele's understanding of Boardmember Christensen's 'inquiry was that since the RDA obligations had been paid down one would expect that the residuals transferred to the taxing agencies would go up. Conceptually that was right but on the other hand, obligations had been added. Entering into property disposition would add hundreds of thousands of dollars to the future ROPS. OPEB and PERS liabilities had also just been added. The Oyster Point DDA commitment was still being paid for and that was the biggest liability after debt service. Therefore, he did not believe that that costs would be going down dramatically. PUBLIC COMMENTS None. MATTERS FOR CONSIDERATION Further discussion of the draft Long Range Property Management Plan. Consultant Sanchez noted that there were four primary issues that came up at the previous meeting. Firstly, in regards to governmental use properties, the Board requested that the deeds reflect that they would be used for governmental purposes and if they reverted to another use that there would be a revenue sharing agreement in place to compensate the taxing agencies. Secondly, as far as parcel mergers were concerned, staff inserted language so that when appropriate, parcels would be merged in one parcel so that the intended development would occur there. Thirdly, staff would enter the City, the Oversight Board and the approval of DOF into a revenue sharing agreement. This future action would go before the Oversight Board for approval. It would then be submitted to the DOF for approval as well. Fourthly, in response to Boardmember Christensen's inquiry on the reasons behind certain properties not being moved to the for sale column, Consultant Sanchez noted that they could move in any direction the Board wanted but advised them to keep in mind that the property plan would be the final and conclusive settlement of the properties' disposition. He advised against creating any ambiguities in the plan. He understood that certain jurisdictions had submitted property plans with contingencies but there was no assurance on the DOF's position. Staff's interpretation and advice was that this plan should be conclusive document of where the properties will be. If it were the OVERSIisHT 110ARD SPECIAL MEE"1 "ING N( ?' N131:R 12, 201;3 MINUTES PAGE 2 Board's desire to take that risk and enter contingencies, then that would be done not knowing where DOF would land on the matter. In regards to the properties at 616, 700 and 905 Linden, Consultant Sanchez advised that once all the choice properties in the downtown area were gone, then there would be some movement for these properties that have had no activity. At that point in time it would make more sense for them to be put on the market. On its own, 315 Airport Boulevard which was a smaller lot, had some development potential. There were two underutilized lots next to that property, 309 Airport Boulevard which was an SRO Hotel and 305 Airport Boulevard which. was an auto supply shop that had been closed for over a year. If a developer had a strong interest in these then it would make sense to pursue them. A good long-term plan would be to wait for a developer who could assemble these properties and pursue a development. In response to Boardmember Christensen's query on any interest expressed by developers, Consultant Sanchez stated that there was some interest shown for the property at 400 Airport Boulevard but not for the other properties. In response to a discussion on the possibility of deeply discounted development, Successor Agency Counsel Donoghue explained that the city would not have that same ability that the RDA had due to the gift of public funds argument, but a case for affordable housing could possibly work. Consultant Sanchez clarified that the city would pursue a cooperation agreement where a loan would be provided for the value of the land and additional housing funds to bring a loan of $3 million into the deal. The development budget and loan would stay the same but the equity participation would drop to 4.5 which would allow them to hit their threshold of 25 percent TIR. Considering the risks involved, mitigation risks would be taken to protect he city's investment. Under a cooperation agreement, the city's funds would go in first and come out last. The $3 million contribution by the city would grant a return of $67,000 annually and $9 million at year 10. This would return an internal rate of return of 14 percent for the city's investment, which is a relatively attractive return on a governmental project. In addition to the good return, 12-18 affordable units and 37- 43 market rate units would be created which would upgrade the area. In terms of 400 Airport Boulevard, the property with the most development potential, the city could try to sell immediately. In response to Boardmember FarTales' inquiry into the process that would be undertaken if a property's category were to change, Counsel Labadie explained that a property designated for future development would transfer to the city and so it would be the city's responsibility to unify it for development or sell it and distribute the proceeds to the taxing agencies. Regarding the categorization of properties, Successor Agency Counsel Donoghue expressed concern about placing conditions on properties and advised the Board to insert language showing intent instead so as to avoid ambiguity with the DO:F. Counsel Labadie agreed that this would be the best way to handle it. In order to maximize the benefit to the taxing agencies, it would be best for the Successor Agency not to proceed with the sale until the Downtown Plan was finalized. Finance Director Steele stated that it would be in the city's best interest to wait until the zoning was completed because the city would also get a larger share of taxes since their share is 17 percent of the property taxes. In response to a point of clarification by Chair Cullen, Consultant Sanchez explained OVERSIGHT BOARD SPECIAL MEETING NOVEMBER 12, 2013 MINUTES PAGE 3 that the zoning in place would dictate how those properties, would be developed. Thus, the zoning would take precedence over the property disposition plan. In response to Chairman Cullen's further, inquiry into the matter, Boardmember Beaudin explained that there was an administrative draft of that document and all the uses mentioned by Consultant Sanchez were being contemplated. A specific plan was being proposed with General Plan amendments, zoning regulations and design guidelines built into the document. He clarified that Transit Oriented Development (TOD) was the umbrella statement used to describe something that is happening approximate to the station. As far as the San Mateo County Health Center at 472 Grand Avenue, Boardmember Farrales stated that the county was committed to serving the needs of an underserved population but the property was not in an ideal location and had many deficiencies that needed to be fixed. She proposed that if there was a better location for health and other services, they would be more interested in moving. After receiving some clarification, Boardmember Addiego expressed his content with the deed restrictions designating continued public use if the county deferred to the city and did not wish to take ownership of the property. Boardmember Farrales expressed that she would like to meet with Counsel Labadie to discuss the health clinic's plans but Counsel Labadie responded that it would be difficult considering that the plan was scheduled to be approved the following week. 2. Future Agenda Items. a) Consideration of revenue sharing agreement related to assignment of the Master Commercial Lease at 636 EI Camino Real. ADJOURNMENT Motion- Boardmember Beaudin/ Second- Boardmember Addiego- to adjourn the meeting. Approved by the following voice vote: AYES: Boardmembers Addiego, Beaudin, Christensen, Farrales, Vice Chair Ernsberger and Chair Cullen; NOES: None; ABSTAIN: None; ABSENT: Boardmember Scannell. Pursuant to the above motion, Chair Cullen adjourned the meeting at 3:07 p.m. Submitted: OVERSIGI IT BOARD SPECIAL MME TING MINUTES Approved: Neil Cullen, Chairperson Oversight Board for the Successor Agency to the South San Francisco Redevelopment Agency NONTMBER 12,2013 PAGE 4