HomeMy WebLinkAboutReso 01-2015 RESOLUTION NO. 01-2015
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN EXCLUSIVE NEGOTIATING RIGHTS
AGREEMENT (ENRA) BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND ROTARY PLAZA, INC. FOR THE
PROPERTIES LOCATED AT 310-320 MILLER AVENUE.
WHEREAS, the City is the owner of certain real property (the "Property") located in the
City of South San Francisco, California, known as County Assessor's Parcel Numbers 012-311-
230 (310 Miller Avenue), 012-311-240 (312 Miller Avenue) , 012-311-250 (314 Miller Avenue
and 012-311-260; and
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 former South San Francisco Redevelopment Agency was
dissolved on February 1, 2012; and
WHEREAS, pursuant to the Dissolution Law, the State of California Department of
Finance ("DOF"), on August 31,2012, approved transfer of certain properties, including a portion
of the Property,to the City of South San Francisco in its capacity as Successor Housing Agency.
WHEREAS, the City is interested in conveying the Property to Rotary Plaza, Inc,
("Developer") contingent upon Developer preparing all appropriate environmental review
documents, and applying for land use entitlements from the City of South San Francisco and if
such entitlements are granted constructing a mixed use development of between 69 and 94 senior
affordable residential units (of which 49% will be deed restricted by the City as affordable to
senior residents whose income does not exceed 50% of the area median income and 51% of which
will be deed restricted as affordable to low-income senior residents by Low-Income Housing Tax
Credit provisions) and up to 6,500 square feet of commercial development on the Property; and,
WHEREAS, Developer anticipates expending funds to prepare environmental review
documents, architectural and design drawings and conduct certain studies that are needed to assess
the feasibility of the Project and seek land use entitlements and therefore requires a grant of
exclusive negotiating rights in order to be willing to make such expenditures; and
WHEREAS, City desires to grant Developer the exclusive right to negotiate with City with
regard to development of the 310-320 Miller Avenue; and
WHEREAS, the City Attorney has prepared an Exclusive Negotiation Rights Agreement
("Agreement") with Developer to reflect the terms and conditions of such exclusive collaboration
and negotiation.
NOW, THEREFORE, the City Council 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 Agreement, substantially in the form attached hereto, is hereby approved, and the
City Manager or his designee is hereby authorized to execute it on behalf of the City; to make
revisions to the Agreement, with review and approval by the City Attorney, 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.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the 14th day of
January, 2015 by the following vote:
AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST
elli ity Clerk