HomeMy WebLinkAboutSuccessor Reso 06-2013RESOLUTION NO. 6-2013
SUCCESSOR AGENCY OF THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT
AGENCY
RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY
OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY
APPROVING THE ACQUISITION OF REAL PROPERTY
FROM THE CITY OF SOUTH SAN FRANCISCO
WHEREAS, on March 2, 2011, the former Redevelopment Agency of the City of South
San Francisco ("Agency"), pursuant to Resolution No. 31-2011, authorized the transfer to the
City of South San Francisco ("City") of the following real property: former PUC properties
(APNs: 093-312-050, 093-312-060, & 011-326-030), 1 Chestnut Avenue (APN: 011-322-030),
323 Miller Avenue (APN: 012-312-070), 480 N. Canal (014-061-110), 468 Miller Avenue
(APN: 012-301-020), 296 Airport Boulevard (APN: 012-338-160), 80 Chestnut Avenue (APN:
011-324-190), 559 Gateway (APN: 015-024-490), 472 Grand/306 Spruce (APN: 012-302-140),
200 Linden Avenue (APNs: 012 - 334 -130 & - 012 - 334 -160), 212 Baden (APN: 012 - 334 -040),
216 Baden (APN: 012-334-030), 201 Grand (APN: 012-316-100), 207 Grand (APN: 012 -316-
100), 217-219 Grand Avenue (APNs: 012 -316 -060, 012-316-080, & 012 - 316 -090), 356 Grand
(APN: 012 - 312 -300), 432 Baden/429 Third Lane (APN: 012 - 321 -160), 905 Linden (APN: 012-
101 -100), 93 8 Linden (APN: 012- 102 -030) and 616 Linden (APN: 01 2- 174 -300); and, on a date
not yet determined, authorized the transfer of 700 Linden (APN 012-145-370) to the City
(collectively, the "Property"); and
WHEREAS, in connection therewith certain of the Property and the terms and conditions
for its redevelopment by the City were more particularly described in four Disposition and
Development Agreements (the "DI)As") executed between the Agency and the City; and
WHEREAS, in connection with the transfer of the Property, the Agency and the City
also negotiated four Assignment of Leases ("'Assignment Agreements") pursuant to which the
Agency assigned to the City, and the City assumed, all of the Agency's nights and obligations
under the leases affecting certain of the Property; and
WHEREAS, the Property was thereafter duly transferred to the City, as evidenced by
Grant Deeds dated as of March 2, 2011 and recorded on March 11, 2011 on the Official Records
of San Mateo County; or, with respect to 700 Linden (APN 012-145-370), was transferred to the
City on a date not yet determined; and
WHEREAS, APNs: 012 -318- 080, 012 -317 -110, 012- 317 -100, 012 -317 -090, 012 -314-
100, and 01.2 - 324 -220 (the "'Ford Properties") were purchased by the City with Agency funds
pursuant to a Purchase and Sale Agreement dated June 23, 2011 with the Gonzalez family; and
WHEREAS, effective June 30, 2011, the Governor signed into law ABx 1 26, which
automatically suspended redevelopment activities, and on December 29, 2011, the California
Supreme Court upheld the provisions of ABx1 26, thereby dissolving all redevelopment agencies
on February 1, 2012; and
WHEREAS, ABx 126 was modified by AB 1484, effective as of July 27, 2012, which
together with ABx 1 26 is referred to herein as the "Dissolution Law"; and
WHEREAS, the Dissolution Law, at Health and Safety Code § 34167.5, retroactively
invalidated asset transfers between a redevelopment agency and the city that created it, occurring
after January 1, 2011, and authorized the State Controller, on or after February 1, 2012, to order
available assets to be returned to a successor agency established pursuant to the Dissolution Law;
and
WHEREAS, pursuant to Resolution No. 08-2012, adopted on January 25, 2012, the City
affirmed its agreement to serve as Successor Agency to the Agency; and
WHEREAS, on April 20, 2012, the State Controller ordered that all assets transferred
after January 1, 2011 from the Agency to the City be returned to the Successor Agency, and such
order affects both the Property and the Ford Properties; and
WHEREAS, on March 13, 2013, pursuant to Resolution No. 18-2013, the City authorized
the termination of the RDAs and the transfer of the Property and the Ford Properties to the
Successor Agency; and
WHEREAS, pursuant to State CEQA Guidelines Section 15378(b)(4), approval of the
acquisition of the Property and the Ford Properties is riot a project subject to the California
Environmental Quality Act ("CEQA"), because a "project" requiring CEQA review is an activity
that has the potential for resulting in, either a direct or reasonably foreseeable indirect physical
change in the environment, which the transfer of property does not; and
WHEREAS, the City and/or Agency has already certified Environmental Impact Reports,
or adopted other lawful CEQA review, which adequately analyzes the environmental impacts of
the activities completed or contemplated for the Property, including the following Environmental
Impact Reports and Mitigated Negative Declarations, each of which is expressly relied upon for
this action, pursuant to CEQA Guidelines Section 15152, and available for review during normal
business hours at the City of South San Francisco, Planning Division, 315 Maple Avenue, South
San Francisco, CA 94080:
0 General Plan EIR
• General Plan Update EIR
• Redevelopment Plan for the Downtown / Central Redevelopment Project EIR
• U.S. Steel Redevelopment Project EIR
• Redevelopment Plan for the El Camino Corridor Redevelopment Project EIR
• El Camino Corridor Redevelopment Plan Amendment Supplemental EIR
• South El Camino Real General Plan Amendment EIR
• El Camino Real/Chestnut Avenue Area Plan EIR
• Gateway Master Plan EIR
• Revised Miller Avenue Parking Structure IS/MND; and
WHEREAS, development of certain parcels included in the Property consisting of the
"PUC Properties" and 1 Chestnut Avenue, will be subject to future CEQA review to the extent
that impacts of such development have not already been adequately analyzed in the General Plan
EIR, General Plan Update EIR, Redevelopment Plan for the El Camino Corridor Redevelopment
Project EIR, El Camino Corridor Redevelopment Plan Amendment Supplemental EIR, or the El
Camino Real/Chestnut Avenue Area Plan EIR; and
WIIEREAS, development of certain parcels included in the Property, identified as the
"Public Service Properties" and consisting of 480 N. Canal (Fire Station 61), 80 Chestnut
Avenue (museum), 559 Gateway Boulevard (child care center) and 472 Grand Avenue/306
Spruce (medical center) has already been completed consistent with and pursuant to the EIRs and
IS/MND identified above; and
WHEREAS, development of certain parcels included in the Property identified as the
"Downtown Properties" and consisting of 212 Baden Avenue, 216 Baden Avenue, 201 Grand
Avenue, 207 Grand Avenue, 217-219 Grand Avenue, 356 Grand Avenue, 432 Baden Avenue,
905 Linden Avenue, 938 Linden Avenue, and 616 Linden Avenue, will be subject to future
CEQA review to the extent that impacts of such development have not already been adequately
analyzed in the General Plan EIR, General Plan Update EIR, or Redevelopment Plan for the
Downtown / Central Redevelopment Project EIR.
NOW THEREFORE BE IT RESOLVED that the Successor Agency of the City of South
San Francisco Redevelopment Agency hereby
I . Finds that the foregoing Recitals are true and correct and made a part of this
Resolution.
2. Approves the termination of the DDAs.
3. Finds that acquisition of the Property and the Ford Properties from the City is in
accordance with the Dissolution Law, including Health and Safety Code § 34167.5.
4. Approves the Successor Agency's acquisition of the Property and the Ford
Properties from the City, including the assumption of Leases affecting certain of the Property.
5. Authorizes the Assistant City Manager to execute and record grant deeds for
conveyance of the Property and the Ford Properties ("Grant Deeds") substantially in the forms
on file with the City Clerk, and to make revisions thereto, subject to the approval of counsel,
which do not materially or substantially increase the Successor Agency's obligations thereunder.
6. Authorizes the Assistant City Manager to execute and record such other
instruments, including without limitation, certificates of acceptance, and to take such other
actions as necessary to carry out the intent of this Resolution.
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 meeting held on the 13th day of March, 2013 by the following vote:
AYES: Councilmembers Mark Addiego, Richard Garbarino, and Pradeep Ggpta,
Mayor Pro Tern 1ary1 Matsumoto and Mayor Pedro Gonzalez
NOES: None
ABSTAIN: None
ABSENT: None
ATTES,
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