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HomeMy WebLinkAboutRDA Reso 18-2009RESOLUTION NO. 18-2009 REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE EXPENDITURE OF TAX INCREMENT FUNDS FOR THE ACQUISITION OF LAND FOR ROADWAY IMPROVEMENTS REQUIRED IN CONNECTION WITH THE CALTRAIN STATION IMPROVEMENT PROJECT, ADOPTING FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445, AND AUTHORIZING EXECUTION OF AN AGREEMENT AFFECTING REAL PROPERTY, AN INTERIM PARKING LICENSE AGREEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WHEREAS, the Redevelopment Agency of the City of South San Francisco ("Agency") is a redevelopment agency formed., existing and exercising its powers pursuant to California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("CRL"); WHEREAS, by Ordinance No. 1056-89, the City Council of the City of South San Francisco ("City Council") established the Downtown/Central Redevelopment Project (the "Project Area") and adopted the Redevelopment Plan for the Project Area (as subsequently amended, the "Redevelopment Plan"); WHEREAS, City and Agency staff have been collaborating on a joint project to construct a new Caltrain Station and related public improvements including a pedestrian tunnel connecting the east and west side of the Caltrain Station from Airport Boulevard to East Grand Avenue at Route 101 in the City (the "Project"); WHEREAS, in connection with the Project, as more fully described in a proposed Agreement Affecting Real Property (the "Agreement") by and among the City, the Agency and the owner of the Comfort Suites Hotel located in the Project Area at 121 East Grand Avenue (the Property"): (i) the Agency proposes to acquire a portion of the Property consisting of approximately 722 square feet (the "Fee Parcel") for the purpose of improving the public right of way, (ii) pursuant to a proposed Temporary Construction Easement Agreement (the "TCE Agreement"), the Agency proposes to acquire a temporary construction easement ("TCE"), exercisable at the time that Project construction commences, and (iii) pursuant to a proposed License Agreement (the "License Agreement"), the Agency and City propose to grant an interim parking license to the owner of the Comfort Suites Hotel for use prior to the time that Project construction commences; WHEREAS, as lead agency, the peninsula Corridor Joint Powers Board filed a Notice of Exemption under the California Environmental Quality Act ("CEQA"), for the Project on September 1, 2006; WHEREAS, Section 33445 of the CRL provides that a redevelopment agency may, with the consent of the legislative body, pay for all or a portion of the cost of the land for and cost of construction of any building, facility, structure, or other improvements that are publicly owned either within or outside the redevelopment project area if the legislative body determines all of the following: a. The buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located; and b. No other reasonable means of financing the buildings, facilities, structures, or other improvements is available to the community; and c. The payment of funds for the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project area; and d. The project is consistent with the Five Year Implementation Plan adopted by the Agency pursuant to Section 33490; WHEREAS, as more fully described in the Staff Report accompanying this Resolution (the "Report"), the proposed expenditure of tax increment funds will enable the City and the Agency to proceed with the development of a new Caltrain station and related public improvements that will assist in the attraction and retention of businesses in the Project Area, increase economic activity, improve circulation, and encourage private investment in the Project Area; WHEREAS, as more fully described in the Report, the expenditure of tax increment funds for the Project will be of benefit to the Project Area and the immediately surrounding area by increasing transit ridership and promoting transit-oriented development; WHEREAS, as more fully described in the Report, the expenditure of tax increment funds for the Project is consistent with the Implementation Plan adopted by the Agency pursuant to Health and Safety Code Section 33490, in that the Project will further the goals and objectives of the Redevelopment Plan, improve the appearance of the Project Area, promote transit-oriented development, improve access to Project Area businesses, and support economic development; WHEREAS, as more fully described in the Report, the Project will not generate cash flow to the City or Agency, and therefore cannot support debt service; the City has no unrestricted general fund revenue available for the Project without a reduction in vital community services; and the City does not have and cannot reasonably obtain revenue available for such purposes, and therefore no other reasonable means of financing the Project exists. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that it hereby: 1. Finds based upon the foregoing recitals and the evidence set forth in the Report, that: (i) the expenditure of tax increment funds to acquire the Fee Parcel and the TCE will be of benefit to the Project Area, (ii) no other reasonable means of financing such acquisitions is reasonably available, (iii) completion of the Project will assist in the elimination of blighting conditions in the Project Area; and (iv) completion of the Project is consistent with the Implementation Plan adopted for the Project Area. 2. Approves the Agency's expenditure of tax increment funds in the amount of Eighty-Six Thousand Six Hundred and Forty Dollars ($86,640) for the acquisition of the Fee Parcel and the sum of up to Ninety-Three Thousand Three Hundred and Sixty Dollars ($93,360) for the TCE, and if necessary, such additional fees as maybe required to extend the duration of TCE pursuant to the TCE Agreement. 3. Approves the Agreement, the License Agreement, and the TCE Agreement, and authorizes the Executive Director to execute such agreements substantially in the forms presented to the Agency Board with such modifications as may be approved by the Executive Director in consultation with Agency Counsel. 4. Authorizes the Executive Director to undertake such other actions and to execute such other instruments, as may be necessary or desirable in order to carry out the intent of this Resolution, including without limitation, the execution and recordation of a Certificate of Acceptance for the Fee Parcel, the procurement of a policy of title insurance, and the processing of a lot-line adjustment if necessary to facilitate the conveyance of the Fee Parcel to the Agency. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a regular meeting held on the Stn day of July, 2009 by the following vote: AYES: Boardmembers Pedro Gonzalez, Richard A. Garbarino, and Kevin Mullin, Vice Chair Mark Addiego and Chair Karyl Matsumoto NOES: None ABSTAIN: None ABSENT: None ATTEST: `~- Deputy City Clerk