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HomeMy WebLinkAbout2018-03-28 e-packet@8:00Wednesday, March 28, 2018 8:00 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA Joint Special Meeting of the City Council and the South San Francisco Recreation and Park District Special Meeting Agenda March 28, 2018Joint Special Meeting of the City Council and the South San Francisco Recreation and Park District Special Meeting Agenda NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council and the Recreation and Park District to the City of South San Francisco will hold a Joint Special Meeting on Wednesday, March 28, 2018, at 8:00 p.m., in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Call To Order. Roll Call. Public Comments. MATTERS FOR CONSIDERATION Report regarding Resolutions Approving the Transfer of Certain South San Francisco Recreation and Park District Property from the South San Francisco Recreation and Park District to the City of South San Francisco (Jason Rosenberg, City Attorney) 1. Recreation and Park District only: Resolution Approving the Transfer of Certain South San Francisco Recreation and Park District Property from the South San Francisco Recreation and Park District to the City of South San Francisco 1a. City Council only: Resolution Approving the Transfer of Certain South San Francisco Recreation and Park District Property from the South San Francisco Recreation and Park District to the City of South San Francisco 1b. Adjournment. Page 2 City of South San Francisco Printed on 4/16/2018 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-283 Agenda Date:3/28/2018 Version:1 Item #:1. Report regarding Resolutions Approving the Transfer of Certain South San Francisco Recreation and Park District Property from the South San Francisco Recreation and Park District to the City of South San Francisco (Jason Rosenberg, City Attorney) RECOMMENDATION It is recommended that the Recreation and Park District and City Council each adopt a Resolution Approving the Transfer of Certain South San Francisco Recreation and Park District Property from the South San Francisco Recreation and Park District to the City of South San Francisco BACKGROUND/DISCUSSION The South San Francisco Recreation and Park District (“District”)was first created by voters in 1950 and was subsequently reorganized by the City Council.The District was created and exists for the purposes of maintenance and operation of parks,recreation grounds and parkways.As authorized by state law,the South San Francisco City Council serves as its Board of Directors and acts on its behalf.Accordingly,over the years the District has purchased properties and easements at Oyster Point pursuant to its powers under state law. Pursuant to a Disposition and Development Agreement dated March 23,2011 between the City of South San Francisco (“City”),the former Redevelopment Agency of the City of South San Francisco (now the Successor Agency to the South San Francisco Redevelopment Agency,“Successor Agency”)and the Oyster Point Development,LLC.(“Developer”),certain property was to be transferred from the City to the Successor Agency and from the Successor Agency to Developer.To accomplish this,the City prepared and approved a new parcel map that reorganized and divided the Property into six (6) new parcels. On September 29, 2017, the parties closed escrow and transferred title of the certain property to Developer. The grant deeds for this conveyance have been created, executed and recorded. A new assessor’s parcel map for the new six (6) parcels, Parcel Map No. 17-0002, has also been created. The only remaining step in finalizing the transaction is to process this new map and issue new APNs. Upon review by the County Assessor’s Office, it appears that prior parcel maps listed a portion of the eastern tip of Oyster Point, identified by assessor’s parcel number 015-010-810 (“Property”) as owned by the District rather than by the City. To finalize mapping, all parcels within Parcel Map No. 17-0002 must have commonality of ownership. Because Parcel Map No. 17.0002 reconfigured parcels within the map are, the mapping process for all six (6) parcels are pending resolution of this consistency issue. On this basis, the Assessor’s Office has requested the City and the District to clarify ownership by conveying the portion of the Property at issue from the District to the City to demonstrate consistency in ownership. Staff recommends that the District convey the portion of the Property at issue to the City, and that the City accept such conveyance, to resolve the final mapping issue and finalize the new parcel map. The District and the City may adopt separate resolutions approving the conveyance and authorizing their respective officials to City of South San Francisco Printed on 3/27/2018Page 1 of 2 powered by Legistar™ File #:18-283 Agenda Date:3/28/2018 Version:1 Item #:1. execute the grant deeds and any necessary documents. CONCLUSION It is recommended that the Recreation and Park District and City Council each adopt a Resolution Approving the conveyance of assessor’s parcel number 015-010-810 by the South San Francisco Recreation and Park District to the City of South San Francisco,as described in the Grant Deed attached to the accompanying resolutions. City of South San Francisco Printed on 3/27/2018Page 2 of 2 powered by Legistar™ T:\1016-OPD\1016-006 OPD Oyster Point SSF Final Map\Survey\Parcel Map\Final Draft\20170907 Sheets 1 & 3 Final Draft O P Final Parcel Map.dwg 9-08-17 12:03:11 PM rcameron Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com 0 50 100 200 300 0 1 2 3 Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com T:\1016-OPD\1016-006 OPD Oyster Point SSF Final Map\Survey\Parcel Map\Final Draft\20170907 Sheet 2 Final Draft OP Final Parcel Map.dwg 9-07-17 03:48:03 PM rcameron ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ PARCEL 1 LINE TABLE LINE BEARING DISTANCE /6ƒ ( /6ƒ ( /6ƒ ( /6ƒ ( /6ƒ ( /6ƒ ( /6ƒ ( /6ƒ ( /6ƒ ( /6ƒ ( /6ƒ ( /6ƒ ( /6ƒ : /6ƒ : /1ƒ : PARCEL 1 CURVE TABLE CURVE RADIUS DELTA LENGTH & ƒ  PARCEL 2 LINE TABLE LINE BEARING DISTANCE /6ƒ : /6ƒ : /1ƒ : /6ƒ : /6ƒ : /1ƒ : /1ƒ ( /1ƒ ( /1ƒ : /1ƒ ( /6ƒ ( PARCEL 2 CURVE TABLE CURVE RADIUS DELTA LENGTH & ƒ  & ƒ  & ƒ  & ƒ    ƒ  5 PARCEL 3 LINE TABLE LINE BEARING DISTANCE /1ƒ : /6ƒ ( /1ƒ ( /6ƒ ( PARCEL 3 CURVE TABLE CURVE RADIUS DELTA LENGTH & ƒ   ƒ  5 & ƒ  T:\1016-OPD\1016-006 OPD Oyster Point SSF Final Map\Survey\Parcel Map\Final Draft\20170907 Sheets 1 & 3 Final Draft O P Final Parcel Map.dwg 9-07-17 03:41:33 PM rcameron Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com ¾ ¾ ¾ ¾ PARCEL 4 LINE TABLE LINE BEARING DISTANCE L20 6ƒ :64.44' L26 1ƒ (27.24' PARCEL 4 CURVE TABLE CURVE RADIUS DELTA LENGTH C4 68.43'ƒ 21.72' T:\1016-OPD\1016-006 OPD Oyster Point SSF Final Map\Survey\Parcel Map\Final Draft\20170907 Sheet 4 Final Draft O P Final Parcel Map.dwg 9-07-17 03:49:15 PM rcameron Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com ¾ ¾ ¾ ¾ ¾ ¾ T:\1016-OPD\1016-006 OPD Oyster Point SSF Final Map\Survey\Parcel Map\Final Draft\20170907 Sheet 5 Final Draft O P Final Parcel Map.dwg 9-07-17 03:50:14 PM rcameron PARCEL 5 LINE TABLE LINE BEARING DISTANCE /6ƒ : /1ƒ : /6ƒ : /6ƒ : /6ƒ : /6ƒ : /6ƒ : /1ƒ : /1ƒ : /6ƒ : /6ƒ : /6ƒ : Engineering, Surveying & Planning WILSEY HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650.349.2151 wilseyham.com PARCEL 6 LINE TABLE LINE BEARING DISTANCE /1ƒ : /6ƒ : /6ƒ : /1ƒ : City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-281 Agenda Date:3/28/2018 Version:1 Item #:1a. Resolution Approving the Transfer of Certain South San Francisco Recreation and Park District Property from the South San Francisco Recreation and Park District to the City of South San Francisco WHEREAS, in 1950, the electors of the City voted in favor of establishing the City’s Park Recreation and Parkway District, with its purpose being for “the acquisition, improvement, maintenance and operation of parks, recreation grounds and parkways”; and, WHEREAS, subsequently, the City Council reorganized the City’s existing park district under the revised sections of the California Public Resources Code and renamed the district as the “South San Francisco Recreation and Park District”; and, WHEREAS, thereafter, the South San Francisco Recreation and Park District (“District”), purchased tidelots and slope easements from the Bethlehem Steel Company at Oyster Point; and, WHEREAS, in 1985 the District approved the initial subdivision of the Oyster Point Marina over “those portions of the Oyster Point Marina Specific Plan area not owned by the City”; and, WHEREAS, the City Council for the City of South San Francisco has served and continues to serve as the District’s Board of Directors; and, WHEREAS, state law provides the District with certain powers to acquire, improve, maintain, operate, dispose of, convey and encumber parks and recreation properties for the benefit of the district; and, WHEREAS, the City has acted on behalf of the District in these authorized transactions; and, WHEREAS, the City entered into that certain Disposition and Development Agreement dated March 23, 2011 (the “DDA”), pursuant to which the former Redevelopment Agency, City and Oyster Point Development each has certain responsibilities and obligations with respect to the development of certain land located in the City of South San Francisco, County of San Mateo, State of California; and WHEREAS, in 2011 the City Council authorized the sale of property to the Successor Agency via resolution, the title of which has been transferred to Oyster Point Development. WHEREAS, consistent with the terms of the DDA, the District seeks to ratify those City Council actions pertaining to the transfer of property. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the South San Francisco Recreation and Park District that the South San Francisco Recreation and Park District hereby resolves as follows: 1.The conveyance of County of San Mateo assessor’s parcel number 015-010-810 in the Oyster Point area in South San Francisco (“Property”) by the South San Francisco Recreation and Park District to the City of City of South San Francisco Printed on 4/16/2018Page 1 of 2 powered by Legistar™ File #:18-281 Agenda Date:3/28/2018 Version:1 Item #:1a. South San Francisco, as described in the Grant Deed attached hereto as Exhibit A, is hereby approved. 2.Authorizes the Executive Director and his or her designees to execute the Grant Deed and all documents and take all actions necessary to implement this Resolution, including without limitation the execution of quitclaim deeds, certificates of acceptance, and all other necessary instruments, as applicable, subject to approval as to form by District Counsel. 3.Authorizes the Executive Director to make revisions any necessary instruments, subject to the approval of District Counsel, which do not materially or substantially increase the District’s obligations thereunder. 4.Authorizes the Executive Director to execute and record such other instruments and to take such other actions as necessary to carry out the intent of this Resolution. ***** City of South San Francisco Printed on 4/16/2018Page 2 of 2 powered by Legistar™ la-1361440 WHEN RECORDED MAIL THIS DEED AND TAX BILLS TO: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 _____________________________________________________________________________ APN: 015-010-810 GRANT DEED The undersigned grantor declares: Documentary Transfer Tax: $0 Exempt from Documentary Transfer Tax as a Conveyance between Public Agencies. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the South San Francisco Recreation and Parks District, a public agency (“Grantor”) hereby grants to the City of South San Francisco, a municipal corporation, a public body corporate and politic (“Grantee”), the real property located in the City of South San Francisco, County of San Mateo, State of California, described on Exhibit A attached hereto and made a part hereof. PROVIDED HOWEVER, that this Deed and the warranty of title contained herein is made expressly subject to real property taxes not yet due and payable. Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through it, that there shall be no discrimination against or segregation of a person or of a group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed nor shall the grantee or any person claiming under or through the grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. [Signature Page Follows] la-1361440 Executed as of ________________, 2018. GRANTOR SOUTH SAN FRANCISCO RECREATION AND PARKS DISTRICT, a public agency By: Name: Executive Director ATTEST: By: District Secretary APPROVED AS TO FORM: By: District Counsel la-1361440 State of California ) ) SS. County of _______________ ) On _____________________, 2017, before me, _______________________________, a Notary Public, personally appeared ____________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________________________ (Seal) (This area for official notarial seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document la-1361440 Exhibit A to Deed Legal Property Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SOUTH SAN FRANCISCO, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: 2867343.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-284 Agenda Date:3/28/2018 Version:1 Item #:1b. Resolution Approving the Transfer of Certain South San Francisco Recreation and Park District Property from the South San Francisco Recreation and Park District to the City of South San Francisco WHEREAS, in 1950, the electors of the City voted in favor of establishing the City’s Park Recreation and Parkway District, with its purpose being for “the acquisition, improvement, maintenance and operation of parks, recreation grounds and parkways”; and, WHEREAS, subsequently, the City Council reorganized the City’s existing park district under the revised sections of the California Public Resources Code and renamed the district as the “South San Francisco Recreation and Park District”; and, WHEREAS, thereafter, the South San Francisco Recreation and Park District (“District”), purchased tidelots and slope easements from the Bethlehem Steel Company at Oyster Point; and, WHEREAS, in 1985 the District approved the initial subdivision of the Oyster Point Marina over “those portions of the Oyster Point Marina Specific Plan area not owned by the City”; and, WHEREAS, the City Council for the City of South San Francisco has served and continues to serve as the District’s Board of Directors; and, WHEREAS, state law provides the District with certain powers to acquire, improve, maintain, operate, dispose of, convey and encumber parks and recreation properties for the benefit of the district; and, WHEREAS, the City of South San Francisco (“City”) has acted on behalf of the District in these authorized transactions; and, WHEREAS, the City entered into that certain Disposition and Development Agreement dated March 23, 2011 (the “DDA”), pursuant to which the former Redevelopment Agency, City and Oyster Point Development each has certain responsibilities and obligations with respect to the development of certain land located in the City of South San Francisco, County of San Mateo, State of California; and WHEREAS, in 2011 the City Council authorized the sale of property to the Successor Agency via resolution, the title of which has been transferred to Oyster Point Development. WHEREAS, consistent with the terms of the DDA, the District seeks to ratify those City Council actions pertaining to the transfer of property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby resolves as follows: 1.The conveyance of County of San Mateo assessor’s parcel number 015-010-810 in the Oyster Point area City of South San Francisco Printed on 4/16/2018Page 1 of 2 powered by Legistar™ File #:18-284 Agenda Date:3/28/2018 Version:1 Item #:1b. in South San Francisco (“Property”) by the South San Francisco Recreation and Park District to the City of South San Francisco, as described in the Grant Deed attached hereto as Exhibit A, is hereby approved. 2.Authorizes the City Manager and his or her designees to execute the Grant Deed and all related documents and take all actions necessary to implement this Resolution, including without limitation the execution of quitclaim deeds, certificates of acceptance, and all other necessary instruments, as applicable, subject to approval as to form by the City Attorney. 3.Authorizes the City Manager to make revisions to any necessary instruments, subject to the approval of the City Attorney, which do not materially or substantially increase the City’s obligations thereunder. 4.Authorizes the City Manager to execute and record such other instruments and to take such other actions as necessary to carry out the intent of this Resolution. ***** City of South San Francisco Printed on 4/16/2018Page 2 of 2 powered by Legistar™ la-1361440 WHEN RECORDED MAIL THIS DEED AND TAX BILLS TO: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 _____________________________________________________________________________ APN: 015-010-810 GRANT DEED The undersigned grantor declares: Documentary Transfer Tax: $0 Exempt from Documentary Transfer Tax as a Conveyance between Public Agencies. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the South San Francisco Recreation and Parks District, a public agency (“Grantor”) hereby grants to the City of South San Francisco, a municipal corporation, a public body corporate and politic (“Grantee”), the real property located in the City of South San Francisco, County of San Mateo, State of California, described on Exhibit A attached hereto and made a part hereof. PROVIDED HOWEVER, that this Deed and the warranty of title contained herein is made expressly subject to real property taxes not yet due and payable. Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through it, that there shall be no discrimination against or segregation of a person or of a group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed nor shall the grantee or any person claiming under or through the grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. [Signature Page Follows] la-1361440 Executed as of ________________, 2018. GRANTOR SOUTH SAN FRANCISCO RECREATION AND PARKS DISTRICT, a public agency By: Name: Executive Director ATTEST: By: District Secretary APPROVED AS TO FORM: By: District Counsel la-1361440 State of California ) ) SS. County of _______________ ) On _____________________, 2017, before me, _______________________________, a Notary Public, personally appeared ____________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________________________ (Seal) (This area for official notarial seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document la-1361440 Exhibit A to Deed Legal Property Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SOUTH SAN FRANCISCO, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: 2867343.1