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HomeMy WebLinkAboutSuccessor Reso 03-2015 RESOLUTION NO. 03-2015 RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO A RESOLUTION RECOMMENDING THE SOUTH SAN FRANCISCO OVERSIGHT BOARD ADOPT A RESOLUTION APPROVING A LICENSE IN FAVOR OF THE CITY OF SAN FRANCISCO ACTING BY AND THROUGH ITS PUBLIC UTILITIES COMMISSION TO ENTER AND USE PORTIONS OF PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL 093-312-060 FOR ACCESS PURPOSES RELATED TO THE SFPUC REGIONAL GROUNDWATER STORAGE AND RECOVERY PROJECT AND RECOMMENDING THE OVERSIGHT BOARD ADOPT CEQA FINDINGS IN CONNECTION THEREWITH. WHEREAS,on June 29,2011 the legislature of the State of California(the"State")adopted Assembly Bill xl 26 ("AB 26"), which amended provisions of the Redevelopment Law; and WHEREAS, pursuant to AB 26 and the California Supreme Court decision in California Redevelopment Association,et al.v.Ana Matosantos,et al.,which upheld AB 26(together with AB 1484,the"Dissolution Law"),the Redevelopment Agency was dissolved on February 1,2012;and WHEREAS, the Successor Agency to the City of South San Francisco Redevelopment Agency("Agency")owns a parcel located in the City of South San Francisco,California,identified as assessor's parcel 093-312-060 and described as all that real property situated in the City of South San Francisco, County of San Mateo, State of California,being a portion of Take Parcel 2 as said parcel is described in that certain Quitclaim Deed recorded on January 31, 2008 ("Property") and further depicted in exhibits to the"License to Enter and Use Property for Access Road Purposes" ("License Agreement") attached hereto and incorporated herein as Attachment B; and WHEREAS,the Property was transferred from the City of South San Francisco ("City")to the Agency pursuant to Grant Deeds; and WHEREAS, the City and County of San Francisco ("CCSF") through its Public Utilities Commission ("SFPUC") is engaged in a Regional Groundwater Storage and Recovery Project ("Project"), which includes upgrading its water infrastructure system, including proposed infrastructure improvements under the Property; and WHEREAS, CCSF has requested a temporary construction easement ("Temporary Construction Easement")of approximately 7,128 square feet,and has commissioned an appraisal of the proposed easement, which is valued at$31,948: and WHEREAS,CCSF has requested a permanent access road easement("Access Easement")of approximately 2, 383 square feet and has commissioned an appraisal of the proposed easement, which is valued at $7,149; and WHEREAS, CCSF has requested a permanent sanitary sewer line easement ("Sewer Easement")of approximately 1,901 square feet and has commissioned an appraisal of the proposed easement, which is valued at $22,812; and WHEREAS,the City's appraiser has confirmed the valuation is appropriate to these interests; and WHEREAS, applicable California law may require the Agency to first obtain approval of its Long Range Property Management Plan from the California Department of Finance ("DOF") before conveying any of the requested easements, which such approval has yet to be granted. Accordingly,pending DOF approval and subsequent easement conveyances, and to avoid delay in Project construction,Agency and CCSF desire to enter into a license("License")to allow CCSF and the SFPUC to engage in licensed uses in connection with Project activities; and WHEREAS, CCSF and the Agency have negotiated a proposed License to Enter and Use Property for Access Road Purposes ("License Agreement") that would permit CCSF to improve, inspect,maintain, repair, operate and use a portion of the Property as a roadway for personnel and vehicles for a term of nine(9)months,in return for a license payment of$7,149 to the Agency based on the appraised value of the Access Easement. Upon DOF approval of the Long Range Property Management Plan and the subsequent conveyance of the Access Easement,the License Fee will be applied to the cost of the Access Easement. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the City of South San Francisco Redevelopment Agency hereby resolve as follows: 1. The Recitals set forth above are true and correct and made a part of this Resolution. 2. Recommends the Oversight Board for the Successor Agency of the City of South San Francisco Redevelopment Agency("Oversight Board")make the findings attached hereto as Attachment A and incorporated herein pursuant to the California Environmental Quality Act ("CEQA"),Public Resources Code section 21000 et seq.,and the Guidelines implementing CEQA ("CEQA Guidelines") Code of Regulations,title 14, section 15000 et seq; and 3. Recommends that the Oversight Board approve the License Agreement, substantially in the form attached hereto as Attachment A,and authorizes the Executive Director of the Agency or his designee to execute the License Agreement on behalf of the Successor Agency; to make revisions to the License Agreement, with review and approval by Successor Agency Counsel, which do not materially or substantially increase the Agency's obligations thereunder; to sign all documents; to make all approvals and take all actions necessary or appropriate to carry out and implement the intent of this Resolution. 4. Requests that the Oversight Board approve the proposed License between CCSF and the Agency to Enter and Use Property for Access Road Purposes * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Successor Agency of the City of South San Francisco Redevelopment Agency at a regular meeting held on the 26th day of August, 2015 by the following vote: AYES: Boardmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy, Vice Chairman Mark Addiego and Chairman Richard Garbarino NOES: None. ABSTAIN: None. ABSENT: None. TE IP tj ATTACHMENT A OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY OF THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS related to the SAN FRANCISCO PUBLIC UTILITIES COMMISSION REGIONAL GROUNDWATER STORAGE AND RECOVERY PROJECT The Oversight Board for the Successor Agency to the City of South San Francisco Redevelopment Agency ("Oversight Board") acting as a responsible agency under the California Environmental Quality Act (Cal. Pub. Res. Code Section 21000 et seq., hereinafter "CEQA") and in accordance with CEQA and the State CEQA Guidelines (Cal. Admin. Code Title 14, Section 15000 et seq., (hereinafter "CEQA Guidelines") hereby adopts the following findings of fact and law in conjunction with its approval of the License to Enter and Use Property for Access Road Purposes dated as of ,2015 (the"License Agreement")between the Successor Agency to the City of South San Francisco Redevelopment Agency and CCSF. A. The City and County of San Francisco,a municipal corporation("CCSF")acting by and through its Public Utilities Commission ("SFPUC"), owns and operates a regional water system that serves San Francisco and twenty-seven (27)wholesale water customers located in San Mateo, Santa Clara, and Alameda counties in the Bay Area. As part of City's Water System Improvement Program ("WSIP"), CCSF is engaged in the Regional Groundwater Storage and Recovery Project (the "Project"), which includes, among other improvements, the installation of recovery wells,well stations,pumps,and piping to permit groundwater extraction and transmission to help protect against drought. B. CCSF, acting as lead agency under CEQA, certified a Final Environmental Impact Report(hereinafter"FEIR") for the Project on August 7, 2014. C. The FEIR tiers from the WSIP Environmental Impact Report ("PEIR") and incorporates by reference the relevant analysis of the PEIR with respect to the WSIP's impacts and mitigation measures as applicable to this Project. The PEIR was certified by the CCSF on October 30, 2008 and the SFPUC approved the WSIP on the same day. D. The FEIR has been made available for review by the Oversight Board and the public. Oversight Board, as a responsible agency under CEQA, has considered the FEIR for the Project,including the environmental effects of the Project set forth therein. The FEIR and the PEIR are available for public review at the San Francisco Planning Department offices at 1650 Mission Street,which is the custodian of records. Copies of the FEIR are also available for review at public libraries in San Francisco and San Mateo Counties. E. The Project described in the FEIR,will result in significant environmental effects that could not be mitigated to a less than significant level with implementation of mitigation measures.Because the Project is part of the Water System Improvement Program(WSIP),it would also contribute to significant and unavoidable effects on the environment identified for the WSIP. F. On August 7, 2014, the San Francisco Planning Commission, acting as lead agency on behalf of CCSF, certified the FEIR. On August 12, 2014, by its adoption of SFPUC Resolution No. 14-0127,the SFPUC approved the Project,and,in so doing,adopted findings under CEQA, including a statement of overriding considerations for the Project's significant and unavoidable impacts, rejected project alternatives, and adopted a mitigation monitoring and reporting. G. Oversight Board hereby incorporates by reference as though fully set forth herein SFPUC Resolution No. 14-0127, including the CEQA findings and mitigation monitoring and reporting program. Without limitation, Oversight Board specifically adopts and incorporates by reference as though fully set forth herein all findings made pursuant to CEQA set forth in SFPUC Resolution No. 14-0127 and its attachments, including findings under CEQA Guidelines Sections 15091 and 15093. SFPUC Resolution No. 14-0127, including the CEQA findings, statement of overriding considerations,and mitigation monitoring and reporting program,is a part of the record of this approval and may be found in the City of South San Francisco's Engineering Division and City of South San Francisco's Clerk's Office H. Oversight Board finds that this approval is within the scope of the Project and activities evaluated in the FEIR. I. Oversight Board further finds that since the FEIR was finalized,there have been no substantial Project changes and no substantial changes in Project circumstances that would require major revisions to the FEIR due to the involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the FEIR. J. Oversight Board has not identified any feasible alternative or additional feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect the Project would have on the environment. The SFPUC has already adopted the mitigation measures recommended in the FEIR, has authority to implement the mitigation measures or to seek any required approvals for the mitigation measures, and Oversight Board has no direct authority to implement the mitigation measures. ATTACHMENT B License to Enter and Use Property for Access Road Purposes [1N EXECUTION COPY ATTACH LICENSE TO ENTER AND USE PROPERTY EXHIBIT FROM STAFF REPORT]