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HomeMy WebLinkAbout2015-09-15 e-packet s REGULAR MEETING OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY 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, SEPTEMBER 15, 2015 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: Selected by: Neil Cullen Largest Special District of the type in H&R Code Section 34188 Vice Chair: Selected by: Michael Krause San Mateo County Superintendent of Schools Assistant Superintendent, Business Services South San Francisco Unified School District Alternate: Vacant Superintendent, South San Francisco Unified School District Board Members: Selected by: Mark Addiego Mayor of the City of South San Francisco Councilmember, 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 San Mateo County Board of Supervisors Deputy County Manager, San Mateo County Paul Scannell San Mateo County Board of Supervisors (Public Member) Billy Gross Mayor of the City of South San Francisco Senior Planner, City of South San Francisco Counsel Craig Labadie Advisory: Jim Steele, Assistant City Manager, City of South San Francisco Richard Lee—Finance Director, City of South San Francisco Alex Greenwood—Director of Economic and Community Development, City of South San Francisco Steve Mattas —City Attorney, 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 ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW COMMUNICATIONS FROM STAFF OVERSIGHT BOARD REGULAR MEETING SEPTEMBER 15,2015 AGENDA PAGE2 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 1. Motion to approve the Minutes of the Regular Meeting of August 18, 2015. 2. Resolution approving a license in favor of the City of San Francisco and the San Francisco 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. (Armando Sanchez, Housing Consultant). 3. Resolution approving submittal to the Successor Agency Oversight Board of a Recognized Obligation Payment Schedule (ROPS 15-16B) for the period January through June 2016. (Richard Lee, Director of Finance). ADJOURNMENT OVERSIGHT BOARD REGULAR MEETING SEPTEMBER 15,2015 AGENDA PAGE3 MINUTES 11 S REGULAR MEETING R a OVERSIGHT BOARD FOR THE zrF0 SUCCESSOR AGENCY TO THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY 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, AUGUST 18, 2015 2.00 P.M. CALL TO ORDER TIME: 2:00 PM ROLL CALL PRESENT: Boardmembers Addiego, Christensen, Gross, Farrales*, and Scannell, and Chairperson Cullen. *Boardmember Farrales arrived at 2:05 PM ABSENT: Vice Chair Krause. PLEDGE OF ALLEGIANCE Recited, AGENDA REVIEW No Changes. COMMUNICATIONS FROM STAFF None. PUBLIC COMMENTS None. MATTERS FOR CONSIDERATION L ma.—1 1. Motion to approve the Minutes of the Special Meeting of May 21, 2015. Motion—Boardmember Scannell/Second—Boardmember Christensen: to approve the amended Minutes of the Special Meeting of May 21, :2015. Approved by the following vote: AYES: Boardmembers Addlego, Christensen, Scannell and Gross, and Chair Cullen; NOES: None; ABSTAIN: None; ABSENT: Boardmember Farrales and Vice Chair Krause, 2. Resolution No. 5 of the Oversight Board directing the Successor Agency to return an asset in the amount of$8,792,327 related to the Downtown Parking Garage to the City of'South San Francisco Parking District Enterprise Fund and to nullify and remove the "Loan" Receivable asset from the Successor Agency's accounting records. Assistant City Manager Steele articulated this asset was mistakenly documented by administrative staff as a "loan" on the Successor Agency's accounting records despite approved documents confirming otherwise. Steele clarified this Resolution would essentially correct that mislabeling to ensure consistency with the Department of Finance's audit. City Manager Futrell highlighted the Parking District would be significantly impacted if the item remained referenced as a"loan," crippling resources for intended future expansion and preventing potential financial strategies concerning surface parking lots. City Attorney Mattas added nothing is enforceable under the asset's categorization as a loan because it was never memorialized as such. Motion—Boardmember Addiego/Seco,nd —Boardmember Christensen: to approve Resolution No. 5 of the Oversight Board directing the Successor Agency to return an asset in the amount of$8,792,327 related to the Downtown Parking Garage to the City of South San Francisco Parking District Enterprise Fund and to nullify and remove the "Loan" Receivable asset from the Successor Agency's accounting records. Approved by the following vote: AYES: Boardmembers Farrales, Addiego, Christensen, Scannell and Gross, and Chair Cullen; NOES: None; ABSTAIN: None; ABSENT: Vice Chair Krause, 3. Update on 636 El Camino Real Revenue Sharing Agreement. (Alex Greenwood— ECD Director). Boardmembers requested staff provide numbers and scenarios for their consideration, asserting that these calculations and recommendations would help inform future expectations for the property. ADJOURNMENT Being no further business, Chair Cullen adjourned the meeting at 2:45 P.M. Sub t d: Approved: e ndra Tupper, Dc ty City Clerk Neil Cullen, Chairperson v fight Board f r t e Successor Oversight Board for the Successor Agency to the Sou h a Francisco Agency to the South San Francisco Redevelopment Agency Redevelopment Agency OVERSIGHT BOARD REGULAR MEETING AUGUST 1'8, X115 MINUTES PAGE 2 11 s 13 1/Z 1k. Redevelopment Successor Agency Oversight Board R Staff -R,moft DATE: September 15, 2015 TO,: Mernbersof the Oversight Board FROM: Alex Greenwood, Director of Economic and Community Development SUBJECT: 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 SFP,UC REGIONAL GROUNDWATER STORAGE AND RECOVERY PROJECT AND RECOMMENDING THAT THE OVERSIGHT BOARD ADOPT CEQA FINDINGS IN CONNECTION THEREWITH RECOMMENDATION The Successor Agency Board recommends that the 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- 3 -060 for access purposes related to the SFPUC Regional Groundwater Storage and Recovery Project and recommend that the Oversight Board adopt California Environmental Quality Act (CEQA) findings in connection therewith. BACKGROUND The San Francisco Public Utilities Commission ("SFPUC"), operator of the Hetch Hetchy Regional Water System, is planning to implement the Regional Groundwater Storage and Recovery Project (the "Project") as part of its larger strategy to meet the Regional Water System objectives and service goals. The Project is needed to meet dry-year water supply needs by storing water in wet years when water supply is sufficient. The SFPUC, in partnership with the California Water Services Company, the City of Daly City, and the City of San Bruno, plans to install 16 recovery wells, well stations, pumps, and piping at multiple locations in San Mateo, County. Construction of the proposed Project will begin immediately and is estimated to end in November 2017. DISCUSSION The City of San Francisco ("CCSF") seeks to acquire easement interests that include a permanent nonexclusive easement for access purposes ("Access Easement") on property owned by the City of South San Francisco Successor Agency ("Successor Agency") as described in the attached Exhibit A and depicted on Exhibit B ("Property"). Although Successor Agency staff has indicated that it recommends conveying the Access Easement interests sought by CCSF, applicable California law may require the Successor Agency to first obtain approval of its Long Range Property Management Plan RPMP) from the California Department of Finance (DOF), which such approval has yet to be granted. Accordingly, pending DO" approval and subsequent easement conveyances, and to avoid Staff Report Subject: License Agreement with City of San Francisco and SFPUC for APN 093-312-060 Page 2 of 2 delay in Project construction, CCSF desires to enter into a license agreerrient to allow CCSF and the SFPLJC to engage in licensed uses in connection with Project activities ("License Agreement"). The proposed license ("License") is located on Assessor's Parcel 093-312-060 which consists of 2,383 square feet and is located adjacent to 1600 El Camino Real (the "License Area"). Successor Agency staff supports granting the License. The parcel is irregular and narrow in shape and has generally level topography, with access via Antoinette Lane, The site is unimproved with the exception of a paved access road utilized by the San Francisco Bay Area Rapid Transit District (BART) for ingress/egress from Antoinette: Lane to facilities located north of the Property. The License 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 fee ("License Fee'") payment of$7,149 to the Successor Agency based on the appraised value of the Access Easement. Upon DOF approval of the LRPMP and the subsequent conveyance of the Access Easern.ent, the License Fee will be applied to the cost of the Access Easement. The License is in an area that will not impede the City of South San Francisco's development plans. As shown on B-1, the closest proposed improvement to the License will be the Oak Avenue extension and potentially the bike path to the BART Station. In the case of the Oak Avenue extension, the new street at that point is well south of the proposed License and will be a bridge more than 25 feet above ground. With respect to the potential bike path, the License and eventual Access Easement are compatible uses. The Access Easement would require a reciprocal. easement from both BART and the City of San Francisco. The bike path along this section can be designed to the meet the needs of SFPUC, BART, cyclists and pedestrians. CONCLUSION On August 26, 2015 the Successor Agency reviewed the license and recommends that the 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 recommend that the Oversight Board adopt CEQA findings in connection therewith. By Alex Greenwood ",,Mike Futrell Director of Economic and Executive Dircufor Community Development Attachments: Resolution License to Enter and Use Property Exhibit A Legal Description Exhibit B Survey Map of License Area Exhibit B-1 Map of Property RESOLUTION NO OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY 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 SFP1JC REGIONAL GROUNDWATER STORAGE AND RECOVERY PROJECT AND ADOPT CEQA FINDINGS IN CONNECTION THEREWITH WHEREAS, on June 29, 2011 the legislature of the State of California (the "State") adopted Assembly Bill x 126 ("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 ("Ten-1porary Construction Easement") of approximately 7,128 square feet, and has commissioned an appraisal of the proposed easement, which is valued at $31,948: and 2509897A 1 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, pendingDOF 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 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 D,OF 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 Oversight Board for 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. 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 are hereby adopted; and 3. The License Agreement, substantially in the form attached hereto as Attachment A, is hereby approved and the Executive Director of the Agency or his designee is hereby authorized 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. The proposed License between CCSF and the Agency to Enter and Use Property for Access Road Purposes is hereby approved, 2509897.1 2 I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Oversight Board for the Successor Agency to the City of South San Francisco Redevelopment Agency at a meeting held on the day of 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Oversight Board Secretary 2509897,1 3 ATTACHMENT A OVERSIGH'I'BOARD FOR THE SUCCESSOR AGENCY TO THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY CALIFORNIA ENVIRONMENTAL QUALITY ACT INDINGTS related to the SAN FRANCISCO PUBLIC UTILITIES COMMISSION RE',GIONAL GROUNDWATER. STORAGE AND RECOVERY PRQJEcr 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 "C-EQA") and in accordance with CEQA and the State CEQA Guidelines (Cal, -Adn"nin. Code Title 14, Section 15000 et seq., (her einafter "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. 'I'lie 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"), City is engaged in the Regional Groundwater Storage and Recovery Project (the "Project"), which includes, among other improvement,;, the installation of recovery wells,well stations,pumps, and piping to permit groundwater extraction and transmission to help protect against drought, B. CCS17, acting as lead agency under CEQA, certified a Final Environmental Impact Report (hereinafter "FEIR") for the Project on .August 7, 2014. G 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 measure,,. Because the Project is part of the Water System Improvement Program (WSIP)3 it would also contribute to significant and unavoidable effects on the environment identified for the WSIP'. 2509897,1 4 Pi F. On August 7, 2014, the San Francisco Planning Commission, acting as lead agency on behalf of CC,:SF, certified the FEIR. On August 1.2, 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. C . Oversight Board hereby incorporates by reference as though fully set forth. herein SFPUC Resolution No.—1.4-0127,including the CEQ.A 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 C;EQA set forth in SFPUC Resolution No. 14-0127 and its attachments,including findings under CEQA Guidelines ;Sections 15091 and 150193. 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 lrancisco'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. 1. 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 FIUR. 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 seep any required approvals for the mitigation measures, and Oversight Board has no direct authority to implement the mitigation measures. 2509897.1 5 P2 ATTACHMENT B License to Enter and Use Property for Access Road Purposes 2509897.1 G P3 LICENSE TO ENTER AND USE PROPERTY FOR ACCESS ROAD PURPOSES This LICENSE TO ENTER (this "License"), dated as of , 2015, is made by and between the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation ("City") acting by and through its Public Utilities Commission ("SFPUC"), and THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public agency ("Licensor"). RECITALS A. In connection with SFPUC's Regional Groundwater Storage and Recovery Project (the "Project"), City seeks to acquire from Licensor certain easement interests aver, in, under, and upon real property owned by Licensor and located at 1600 El Camino Real, South San Francisco, California (the "Licensor Property"), B. The easement interests that City seeks to acquire include a permanent nonexclusive easement for access purposes over, across, along, and upon the portion of the Licensor Property described in the attached Exhibit A and depicted on the attached Exhibit B (the "License Area") for the following purposes (collectively, the "Licensed Uses"): (1) the improvement, inspection, maintenance, repair, operation, and use of a roadway for personnel and vehicles, approximately fifteen (1.5) feet in width (the "Road") (the Road to be used for access is depicted on the attached Exhibit B-1); (2) the modification, removal, or replacement of the Road, provided that City obtains Licensor's approval of the proposed modification, removal, and/or replacement, which approval shall not be unreasonably withheld., conditioned, or delayed and provided further that, in the event of an emergency City may, but shall not be obligated to, mare such modifications as are reasonably necessary under the circumstances to preserve or restore the safe use of the Road without Grantor's prior approval, provided that City ,gives Licensor such notice of the modifications as is reasonable under the circumstances, which may be retroactively; (3) road grading, clearing of culverts, and vegetation management and such other things as are necessary for the full enjoyment and accomplishment of the rights delineated in clauses (1) and (2) above.. C. Although Licensor has indicated that it is willing, to convey to City the easement interests sought by City with respect to the License Area, applicable California law may require that, in order to convey former redevelopment agency property, a successor agency to the redevelopment agency must obtain approval of its Long Range Property Management Plan from the Department of Finance of the State of California (the OF Approval"), which such approval has yet to be granted. D. Accordingly, pending the DOF Approval sought by Licensor as may be required. by law, and subsequent easement conveyances, and to avoid delay in Project construction and operation and consequent costs resulting from such delay, City and Licensor desire to enter into this License to allow City and SFPUC to engage in the Licensed Uses in connection with Project activities. LICENSE NOW, THEREFORE, in consideration of the covenants, promises, and undertakings set forth in this License, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Licensor agree as follows: 1 Temporm Access Road License(177-07-15) P4 1. ENTRY; PERMISSION TV ENTER Licensor hereby grants to City and SFPUC, including (a) all of their respective agents, employees, contractors, subcontractors, representatives, and other persons designated by City or SFPUC (collectively, their "Agents") and (b) the Agents of California ''mater Service Company, a California investor-owned utility ("CalWater") reasonable access to the Licensor Property to perform the Licensed Uses, subject to, and in accordance with, the terms and conditions of this License. City, SFPUC, and CalWater shall have the right to conduct the Licensed Uses provided that such Licensed Uses are conducted during non-nal business hours or such other times agreed upon by the parties. All such Licensed Uses shall be at no cost or expense to Licensor. City, SFPUC, and CalWater shall engage in the Licensed Uses so as to minimize to the greatest extent possible, disruption. at the Licensor Property in a manner reasonably acceptable to the parties. 2, MAINTENANCE At its sole cost, Licensor shall perform all ordinary maintenance and repairs to the License Area and any other improvements placed on the License Area, including fences and security gates (if any); provided, however, (a) City shall be responsible, at its expense, to repair and maintain the Road only as to wear and tear caused by the proportionate use of the Road by City, SFPUC and CalWater and their respective Agents, and not wear and tear caused by use of the Road by others and (b) if any portion of the License Area and its improvements, including fences and security gates, are damaged by any of the activities conducted by City, SFPUC, or CalWater at the License Area, at its sole cost, City shall repair any and all such damage and restore the License Area and the improvements, including fences and security gates, to their condition immediately prior to such damage. At its sole cost, Licensor shall provide the electricity required to operate any security gates related to the License Area.. 3, TERM OF LICENSE The term of this License is temporary only and shall commence on the date on which the SFPUC's contractor first enters the License Area in connection with construction of the Project after SFPUC's issuance of a "Notice to Proceed" to its general contractor engaged to perform Project construction (the "Commencement Date") and shall continue until the earlier of(a) the last full day of the ninth (9`h) full calendar month after the Commencement Date (such nine (9)- month period shall be referred to as the "Initial Term");(b) the date after the DOF Approval is issued that Licensor conveys to City a permanent access road easement with respect to the License Area that provides for City's, SFPUC's, and CalWater's rights to use the License Area for the Licensed Uses; or (c) the date this License is earlier terminated as provided in this License. In connection with subsection (a) above, if DOF Approval has still not been issued by the last full day of Initial Term, then upon CCSF's written request, the term of this License shall automatically extend on a month-to-month basis for up to an additional three (3)-month period the "Extended Term"). However, the Extended Term will terminate on the earlier of(x) thirty (30) days after City's notice to Licensor of such termination or (y) 'immediately upon the conveyance of the permanent access road easement following DOF Approval. 2 Temporary Access Road License(07-07-15) If City breaches a material term of this License and does not cure the breach within thirty (30) calendar days of City's receipt of Licensor's notice (a "Default Notice") specifying such breach, Licensor may terrriinate this License effective ninety (90) days after the date of Licensor's Default Notice without any penalty or liability of either party to the other; provided, however, if more than thirty (30) days are reasonably required for such cure, Licensor may not terminate this License on account of such breach if City promptly commences the cure within such thirty (30)�-day period and diligently prosecutes such cure to completion. Without limiting any of its rights under this License, City reserves the right to terminate this License at any time prior to such expiration date, without cause and without any obligation to pay any consideration to Licensor, by delivering a notice of termination to Licensor (with termination effective 30 days following delivery of the notice). Upon termination of this License by either party, CCSF shall return the property to its original condition in accordance with the procedure outlined in Section 8 below. . LICENSE FEE Within thirty (30) days of the Commencement Date, City shall pray to Licensor a fee (the "License Fee") for the entire Initial Term in the amount of Seven Thousand One Hundred and Forty-nine Dollars ($7,149). Upon DOF .Approval and the subsequent closing of the purchase transaction by which City will acquire the permanent access road easement. The License Fee for the Initial Term will be applied towards the purchase price of Seven Thousand One Hundred and Forty-nine Dollars ($7,149) to be paid by City to Licensor for that easement. If the term of this License extends into the Extended Term, on or before the first day of each calendar month during the Extended Term, City shall pay Licensor an additional License Fee of Seven Hundred and Ninety-four Dollars ($794) for each month of the Extended. Term. For any partial month at the beginning or end of the Extended Terra, the License Fee shall be prorated on the basis of a 30-day month. This License is not intended to nor shall it be interpreted to create or vest in City any leasehold or any other property rights or interests in the property or the improvements located thereon, or any part thereof. S. COMPLIANCE WITH LAWS City and the SFpUC shall conduct and cause to be conducted all activities on the Licensor property permitted by this License in a safe and prudent manner and in compliance with all applicable laws, regulations, codes, ordinances, and orders of any governmental or other regulatory entity. . INDEMNITY City shall indemnify, defend, and hold harmless Licensor and its respective elected and appointed officers, officials, employees, agents, and representatives (all of the foregoing collectively " ndernnitees") from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages, and liabilities of any kind (collectively, "Losses"), to the extent arising or resulting directly out of activities under this License or City's breach of this License, and except for Losses resulting from the discovery of pre-existing conditions discovered (and not caused) by any investigations undertaken by City pursuant to this License. City assumes the risk of damage to any of City's. personal property, except to the extent of damage caused by gross negligence or willful misconduct of the Licensor or its agents. 3 Tempi Access Road License(07-17-15) P6 7. RELEASE OF CLAIMS City hereby waives, releases, and discharges forever the lndemnitees from all present and future Claims arising out of or in any way connected with entry upon or use of the Property and the improvements located thereon by City or its Agents, including, without limitation, all Claims arising in connection with any injury to persons or damage to or theft of vehicles, equipment, materials, or any other personal property, except and to the extent caused by the gross negligence or willful misconduct of any of the lndemnitees. The provisions of this Section 7 shall survive the expiration or earlier termination of this License. 8. REPAIR OF DAMAGE If any portion of the Licensor Property is dannaged by any of the activities conducted by City, SFPUC, or their respective Agents pursuant to this License, at its sole cost, City shall repair any and all such damage and restore the Licensor Property to its previous condition. 9. NO JOINT VENTURES OR PARTNERSHIP; NO AUTHORIZATION This License does not create a partnership or joint venture between City and Licensor as to any activity conducted by City or SFPUC on, in or relation to the Licensor Property, This License does not constitute authorization or approval by City or SFPUC of any activity conducted by Licensor on, in, around, or relating to the License Area. 10. CITY'S SELF-INSURANCE Licensor acknowledges that City maintains a program of self-insurance and agrees that City shall not be required to carry any insurance with respect to this License. City assumes the risk of damage to any of City's personal property, except for darrnage caused by the gross negligence or willful misconduct of Licensor or its agents. 11. NOTICES Except as otherwise expressly provided in this License, any notices given under this License shall be effective only if in writing and given by delivering the notice in person, by sending it first class mail or certified mail with a return receipt requested, or nationally- recognized overnight courier that guarantees next day delivery and provides a receipt therefor, with postage prepaid, addressed as follows (or such alternative address as may be provided in writing) To City: Greg Bartow, Project Manager San Francisco Public Utilities Commission 525 Golden Gate Avenue, 10th Floor San Francisco, CA 94102 Fax: (415) 934-5724 with a copy to. Judy Chin, SFPUC Project Construction Manager San Francisco Public Utilities Commission. 525 Golden Gate Avenue, 6th Floor San Francisco, CA 94102 Fax.: (415) 557-1.706 4 'rempurary Access Road License(07-07-15) P7 To Licensor: Successor Agency to the Redevelopment Agency of the City of South San Francisco Attn: Executive Director 400 Grand Avenue South San Francisco, CA 94080 Facsimile No. (650) 829-6658 with a copy to: Meyers Nave Attn: Steven T. Mattas, Esq. 575 Market Street, Suite 2080 San Francisco, CA 94105 Facsimile No.: (415) 421-3767 A properly addressed notice transmitted by one of the foregoing methods shall be deemed received upon the confirmed date of delivery, attempted delivery, or rejected delivery, whichever occurs first. Any facsimile numbers or email addresses provided above are for convenience of communication; however, neither party may give official or binding notice by facsimile or email. The effective time of a notice shall not be affected by the receipt, prior to receipt of the original, of a telefacsimile or emailed copy of the notice. 12. TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN City urges companies not to import, purchase, obtain or use for any purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood, or virgin redwood wood product, except as expressly permitted by the application of Sections 802(b) and 803(b) of the San Francisco Environment Code. 13. DISCLOSURE Licensor understands and agrees that City's Sunshine Ordinance (San Francisco Administrative Code Chapter 67) and the State Public Records Law (Gov't Code Sections 6250 et ssM.) apply to this License and any and all records, information, and materials submitted to City in connection with this License. Accordingly, any and all such records, information, and materials may be subject to public disclosure in accordance with City's Sunshine Ordinance and the State Public Records Law, Licensor hereby authorizes City to disclose any records, information, and materials submitted to City in connection with this License. 14. CONFLICT OF INTEREST Through its execution of this License, Licensor acknowledges that it is familiar with the provisions of(a) San Francisco Charter Section 15.103; (b) Article 111, San Francisco Campaign and Governmental Conduct Code, Chapter 2; and (c) California Government Code Sections 87100 et seq. and Sections 1090 et seq. and certifies that it does not know of any facts that would constitute a violation of said provisions, and agrees that if Licensor becomes aware of any such fact during the term of this License, Licensor shall immediately notify City. 5 I etrporary Access Road Licerm(07-07-15) P8 I . NOTIFICATION OF LIMITATIONS ON CONTRIBUTIONS Through its execution of this License, Licensor acknowledge;, that it is familiar with Section 1.126 of the San Francisco Campaign and Governmental Cond ct. Code, which prohibits any person who contracts with City for the selling or leasing of any land or building to or from City whenever such transaction would require the approval by a City elective officer, the board on which that City elective officer serves, or a board on which an appointee of that City elective officer serves, from making any campaign contribution to (a) the City elective officer, ) a candidate for the office held by such individual, or (c) a comn-ittee controlled by such individual or candidate, at any time from the commencement of negotiations for the contract until the later of either the termination of negotiations for such contract or six months after the date the contract is approved. Licensor acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $50,000 or more. Licensor further acknowledges that the prohibition on contributions applies to each Licensor; each member of Licensor's board of directors, and Licensor's chief executive officer, chief financial officer, and chief operating officer; any person with an ownership interest of more than twenty percent (20%) in Licensor; any subcontractor listed in the contract; and any committee that is sponsored or controlled by Licensor. Additionally, Licensor acknowledges that Licensor must inform each of the persons described in the preceding sentence of the prohibitions contained in Section 1.126. Licensor further agrees to provide to City the names of each person, entity, or committee described above. 16. NON-DISCRIMINATION IN CITE'CONTRACTS AND BENEFITS ORDINANCE in the performance of this License, Licensor agrees not to discriminate against any employee of, any City employee working with Licensor, or applicant for employment with Licensor,, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency 'Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes. 17. AUTHORITY Licensor represents and warrants to SFI'LC that the execution and delivery of this License by Licensor has been duly authorized and,to Licensor's best knowledge and belief, does not violate any provision of any agreement, law, or regulation to which Licensor or the License Area is subject. 18. NON—LIABILITY OF CITY OFFICIALS,EMPLOYEES,Al`s AGENTS Notwithstanding anything to the contrary in this License, no elective or appointive board, commission, member, officer, employee or agent of City shall be personally liable to Licensor, or its successors and assigns in the event of any default or breach by City or for any amount which may become due to Licensor or its successors and assigns, or for any obligation of City under this License. 6 139 Ttmporary,Access Road License(07-07-15) 19. COOPERATION IO IN FUTURE BI P'ATH DEVELOPMENT City and Licensor acknowledge that this License (and any eventual permanent access read easement) will crass an area where Licensor contemplates passible future development of a. public path. To that end, City shall reasonably consider appropriate ace-ommodations relating to any such path; provided that, Licensor provides project plans for revie-w to City and the use of such path does not materially interfere with the ability of City and its Agents to use and enjoy the License as contemplated in this Agreement or any eventual permanent access road easement. 20. GENERAL PROVISIONS (a) This License may be amended or modified only by a writing signed by City and Licensor. (b) No waiver by any party of any of the provisions of this License shall be effective unless in writing and signed by an officer or other authorized representative, and only to the extent expressly provided in such written waiver. No waiver shall be deemed a subsequent or continuing waiver of the same, or any other, prevision of this License_ (c) Except as expressly provided to the contrary, all approvals, consents, and determinations to be made by City or SFPIJC in connection with this License may be made at their sole and absolute discretion. (d) This instrument (including the exhibit(s) to this License) contains the entire agreement between. the parties with respect to the licensing of the Licensor Property to City as provided for in this License and all prior written or oral negotiations, discussions, understandings, and licenses with respect to City or SFP'UC's use of the License Property as contemplated in this License are merged in this License. (e) The .sections and other headings of this License are for convenience of reference only and shall be disregarded in the interpretation of this License. (fi) Time is of the essence in all matters relating to this License. (g) This License shall he governed by California. law and the City's Charter. (h) If either party commences an action against the other or a dispute arises under this License, the prevailing party shall be entitled to recover from the other reasonable attorneys' fees and costs. For purposes of this License and for purposes of the indemnifications set forth in this License, City's reasonable attorneys' fees shall be based on the fees regularly charged by private attorneys in San.Francisco with comparable experience notwithstanding City's use of its own attorneys. (i) This License may be executed in counterparts, each of which is deemed to be an original, and all such counterparts constitute one and the same instrument. [Signatures on following page] 7 Tempormy Access R.a dLicease(07-'07-1S) P10 In witness whereof, City and Licensor have executed this License on the date set forth below, effective as of the date first set forth above, LICENSOR: THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public agency By: Name: Dated: CITY: CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation By: HARLAN L. KELLY, JR. General Manager San Francisco Public Utilities Commission Dated: APPROVED AS TO FORM: DENNIS J. HERRERA City Attorney By: Richard Handel Deputy City Attorney P11 Terapotary Access Road L'icersc(07-07-15) EXHIBIT A Description of License Area [Insert or attach legal description of License Area] 1-1 `I empowy Access Road License(07-07-15) P12 'IV MM MM September 23,2013 BKF EXHIBIT"A" LEGAL DESCRIPTION ENGINEERS 5URVEYORS PLANNERS CUP-31A,SITE 11 PARCEL 3A All that real property situate 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,as Document Number 2008- 009�955, Official Records of San Mateo County, State of California,being a strip of land 20 feet wide, 10 feet on each side of the following described centerline: BEGINNING at the most northerly comer of said Take Parcel 2,being a point on a curve to the left from which a radial line,bears South 52'15'05"West; thence along the northeasterly line of last said parcel, along said curve having a radius of 3859.53 feet, through a central angle of 1'43'29", and an are length of 116.18 feet to the TRUE POINT OF BEGINNING; thence leaving,said northeasterly line, North 60'44'59" West, 36.36 feet; thence North 48'56'38" West 48.03 feet; thence North 37'44'28" West, 35.58 feet, to the northwesterly line of said parcel, and containing an area of 2,383 square feet, more or less;the sidelines of the above described casement are to be lengthened or shortened to terminate in said northwesterly and northeasterly lines of said Take Parcel 2; JASw W060212-09TI-,A0(2013-(16-26)CUP-31 A S I C NA.docx S1 1EET I OF 2 P13 BKFAll bearings and distances shown on this exhibit are based upon the North American Datum of 1983 (NAD 83), California Coordinate System,Zone 111, Epoch 1991.35. All distances shown hereon are grid distances. To convert to ground distance, multiply I expressed distances by 1.00007347. Areas shown are calculated using grid distances. ENGINEERS To convert to ground area, multiply the expressed area by 1.0001469. SURVEYORS A plat showing the above-described parcel is attached herein and made a part hereof as PLANNERS Exhibit "B". This description was prepared by me or under my direction in conformance with the Professional Land Surveyors' Act. C. 0 Na 8337 0* RaynVon&C Su hvari J�2-§8337 Date OFC r. 9aSuffl6\06fl212-0%P1i(s1(2013-06-26)CUP-31 AS I I P3 AAou SHEET20F2 P14 EXHIBIT P.O.B. MOST NORTHERLY CORNER OF TAKE PARCEL 2 DOC NO 2008-009955 4� G i � m � � r ry6y�%✓ J > t�° 0 s R=3859,53'432 * 4 LLS 49 A=-1'°43'29""' .� L=116.18' N3 7'44'28"W •'r ' s 35.58" a' + N48'56'38"1W T.P.O.B. 48.03' ' N60°44'59"kW 36.36' SITE 11 LANDS OF CITY OF SOUTH SAN PARCEL 3A FRANCISCO REDEVELOPMENT 20' `WIDE ACCESS AGENCY DOC NO 2008-009955 AREA = 2:,383 -f's' , TAME PARCEL 1 Q.FT. . LANDS OF KAISER FOUNDATION HOSPITALS 33 LLS 44 �� LANDS OF CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY DOC NO 2008-009955 TAKE PARCEL 2 +S N AND ` a ..", DOC NO DOCUMENT NUMBER 0 r�rr+,Cr C. LLS LICENSED LAND SURVEYOR'S MAPS �'� � r' O.R. OFFICIAL RECORDS I P.O.B. POINT OF BEGINNING 3 Cyy (R) RADIAL r�� @' [ T.P.O.B. TRUE POINT OF BEGINNING OF CA'L11'0��� w' 25.5 SHORELINE DR Subject EXHIBIT B. CUP-31A- 'SITE 11 SUITE REDW 200 Job N0, 2C14CiC2.12-12PARCEL 3A �— 650—�32-63010 r 650-4482-6399 CA By RCS Date Nag-2.3-13 Chkd.RCS mill 11 SHEET —1 OF 1 I i i f P15 ------------------------------------------------------------------------- Parcel name; SITE 11 P3A-A AE North: 2067546.3019 East : 6001215.9420 Line Course: N 60-44-59 W Length: 36.36 North; 2067564.0683 East : 6001184.2181 Line Course: N 48-56-38 W Length: 48.03 North: 2067595.6143 East : 6001148-0003 Line Course: N 37-44-28 W Length: 35.58 North: 2067623.7504 East : 6001126.2220 Line Course: N 52-15-05 E Length: 10.00 North; 2067629.8724 East : 6001134. 1290 Line Course: S 37-44-28 E Length: 34.60 North: 2067602.5113 East : 6001155.3075 Line Course: S 48-56-38 E Length: 46.01 North: 206'7572.2920 East : 6001190.0021 f. Line Course: S 60-44-59 E Length: 9.91 North: 2067567. 4497 East : 6001198. 6485 Curve Length: 27. 32 Radius: 3859.53 Delta: 0-24-20 Tangent- 13.66 Chord: 27.31 Course: S 39-16-14 F, Course In: N 50-55-56 E Course out: S 50-31-36 w RP North: 2069999.8771 East 6004195. 1913 End North: 2067546.3005 East 6001215. 9408 Line Course: N 39-29-23 W Length: 0.00 North: 2067546.3005 East 6001215. 9408 Perimeter: 247.79 Area: 1,052 sq. ft. 0!.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0018 Course: S 38-55-52 W Error North: -0.00143 East : -0.00116 Precision 1 : 137, 672.22 ------------------------------------------------------------------------- Parcel name: SITE 11 P3A-B AE North: 2067546.3019 East ; 6001215.9420 Line Course: N 60-44-59 W Length: 36.36 North: 2067564.0683 East : 6001184 .2181 Line Course: N 48-56-38 W Length: 48.03 North: 2067595.6143 East : 6001148.0003 Line Course; N 37-4928 W Length: 35.58 North: 2067623.7504 East : 6001126.2220 Line Course: S 52-15-05 W Length: 10.00 North: 2067617.6284 East : 6001118.3149 Line Course: S 37-44-28 E Length: 36.56 P16 North: 2067588.7174 East 6001140.6931 Line Course: S 48-56-38 E Length: 50.04 North: 2067555.8512 East : 6001178,4266 Line Course: S 60-44-59 E Length: 37.72 North; 2067537.4202 East 6001211.3371 Line Course: S 64-31-06 E Length: 21,90 North: 2067527. 9984 East 6001231-1067 Curve Length: 23.78 Radius: 3859.53 Delta: 0-21-11 Tangent: 11.89 Chord: 23.78 Course: N 39-38-59 Course In: N 50-10-25 E Course Out: S 50-31-36 W RP North: 2069999.8864 East : 6004195.1818 End North: 2067546.3098 East : 6001215.9313 Line Course: N 39-29-23 W Length: 0.00 North: 2067546.3098 East : 6001215. 9313 Perimeter: 299. 96 Area: 1, 331 sq. ft. 0.03 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0132 Course: N 53-30-49 W Error North: 0.00788 East -0.01065 Precision 1: 22,725.00 LAND .'0#... i C.S CC 4/ ?N0 83 OF ALWC P17 EXHIBIT B-1 Ile pfiction..of Access Route Over License Area [Insert or attach depiction of access route over License Area] 2464202.1 2-A-I Tempmary Access Road License T D7-07,15) I'l 8 n w _ W mom r � call g Ill% r'. �• i.,r, ;y An Jar„ not Ogg ��'l�.PPi CS `si 0�✓� l , I oE��� a as oa !J a M 4 � � g a o aaacaa aaaa m x, a caa avaaoaoaca J7 r" d4k ➢ ° "`� R � 71 , / ' .aI i ill g I�� '�IJ \ d ✓ w � . 2 M a m m m��� _ M� g_ "� l.r +'j'�/�,f✓r/'I�� /� 4 '� 1 X& yu� �1q;� d /✓,r;'o,{�v �y t a4s' killJ,µ �� ,' ✓ Es}� C r �Y P19 P20 "✓ .�'Y N�k', y,+�r �r .ill r! /��(/r✓" , t as FN � I t ' i'✓'%%ri �r CD CA $/ , cr ca fjj s ° / t6 �� f,. / r "i �� uuuuuu°iii ° P21 kL S Redevelopment Successor Agency Oversight Board �4 Staff Report DATE: September 15, 2015 TO: Members of the Oversight Board FROM: Richard Lee Director of Finance SUBJECT: APPROVAL OF THE DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JANUARY THORUGH JTLTNE 2016 RECOMMENDATION It is recommended that the Oversight Board approve the attached resolution and draft Recognized Obligation Payment Schedule (RODS 15-16B) for the period January through June 2016. BACKGROUND/Dl SCUS SION Attached is the propo�sed ROPS for the next six month period (I 5-16B). This RO,PS 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 January through June 2016. Assembly Bill 1484 requires the ROPS, to be submitted to the State and County no later than October 5, 2015. The Successor Agency reviewed the proposed ROPE and approved its submittal to the Oversight Board on September 9, 2015. The proposed BOPS 15-16B includes the following highlights: • The final contribution of $2.46 million 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 this RODS 15-16B deposit, there will be $29,463,230 set aside in the escrow account plus interest earnings. This will complete the Successor Agency's obligation to fund the escrow account. If the development does not occur by the trigger points/timelines established in the DDA, those dollars will ultimately flow back toall taxing entities. • Continued use of remaining housing bond proceeds for the development of affordable housing for two sites in the downtown. In December 2014, bond proceeds of$921,600 were used to IL_ fund pre-development costs of these properties by the Brookwood Group. $1.5 million in Staff Report Subject: RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JANUARY THROUGH JUNE 2016 Page 2 bond proceeds remain for further development of these properties. Property disposition costs have been denied by the Department of Finance in previous BOPS requests. However, $110,000 is included in the draft BOPS given the progress with. various Successor Agency properties and related developer agreements, such as Sares Regis and Brookwood. CONCLUSION Adoption of this resolution and schedule will fulfill the requirements of Health and Safety Code Section 34177(1) regarding adoption of a BOPS 15-16B for the period January through June 2016. By: Approved: Richard Lee .approved: Futrell ' City Finance Director 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 RO,PS JM/RUMF:kj RESOLUTION NO. OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS)AND ADMINISTRATIVE BUDGET FOR THE PERIOD JANUARY THROUGH JUNE 2016, 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 ROPS 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 (ROPS) and administrative budget for the period January 1 through June 30, 2016 attached hereto as Exhibit A are hereby approved. 3. The Finance Director is authorized to modify the ROPS 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 ROPS 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. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of South San Francisco at a regular meeting held on the 151'of September, 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 4 � 3 2 k w / \ \ \ \ \ ( \ If) \ \ \ / \ \ � � \ r } Cl) \ r 0 � Ll § § / E f z f 7 E7 [ a LL {ƒ k LL w (\ / LL rr r! i § 2a & « ' \ z \ 0 E E - E 2 )/ \ \ }\ k` � k \ } ) \ 7 LL m 5 k \ / f ] \ / J E | J E s 0/ { § ]LL E w< _ _ _ - \\ � J 5 0( �) u An /) _ [ / / \ '0 \}� o- : ® 5 ; - ° 5 ; 2~ k k ( k \ / k f > 2 � ) { � 2 ! ! " o = E \ ± ! : ! _ : ! 2 § [ \ f ) \ \ g J \ m 2 f 7 / § f 7 / § S m : s / ƒ a ± - y � y CL [)\) J a y 0 / \ k \ ! { ! /\\\ k ) ) / � ) \ k \ \ k 0/ \ ) f§ \ 2 2 cm 0 \ § \ ) G \ \ k \ \ f \\ -\\\ rr Co [ / J f k a \ © �® ) a 22 ; ` , : ! 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J u n e 2 01.6 Professional &Specialized Services Estimated Cost Staff Consultant (Armando Sanchez) $24,000 Legal Consultants (Meyers Nave &Craig Labadie) $30,000 Subtotal $54,000 Supplies and Services Estimated Cost Meeting expenses, office supplies, postage, copies, printing services, special noticing, etc. $11,035 Subtotal $11,035 Estimated Cost of Wages Position Title and Benefits Director of Finance $ 8,000 Adminstrative Assistant II $ 3,000 Assistant City Manager $ 14,000 City Manager $ 8,000 Sr Accountant $ 5,000 ECD Coordinator $ 7,100 Management Analyst $ 9,200 ECD Director $ 8,500 Accountant 1 $ 4,500 Sr Financial Analyst $ 13,500 Miscellaneous staff $ 8,000 City Clerk $ 6,500 Subtotal $ 95,300 IGRAND TOTAL I $ 160,335 Notes: 1--Staff costs include payroll, benefits,and retirement costs 2--Payment source for six month period is from the Administrative Allowance 3--Maximum administrative costs are based on 3%of the total estimated new RPTTF funding needs Exhibit C ROPs 15-16B SUPPORT FOR ESTIMATED OTHER REVENUES APPEARING ON THE JANUARY THROUGH JULY 2016 ROPS (Includes a True Up component for Other Revenues estimated on ROPS 14-1513) Estimated Other Revenue Item# Source of Revenue Six Month Total 1) Rents $ 224,400.00 2) Interest on Investments $ 10,000.00 3) Interest from Business Loans $ 5,000.00 4) Principal from Business Loans $ 10,000.00 Estimated Repayment from Oyster Point Impact Fee 5) Interfund Loan $ - Total Other Revenue, July to December 2015 $ 249,400.00 Other Revenue From Prior Periods Difference between ROPS 14-15B Actual Other Revenue and Other Revenue Used for ROPS 6) expenses $ 842,791.79 Total Available Other Funds $ 1,092,191.79 Rounded Total Used on ROPS $ 1,092,200.00