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HomeMy WebLinkAboutRDA Reso 02-2011RESOLUTION NO. 02-2411 REDEVELOPMENT AGENCY BOARD, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA. A RESOLUTION APPROVING AN AMENDMENT TO EXTEND THE MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF SOUTH SAN FRANCISCO, REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO AND THE SAN MATEO COUNTY HARBOR DISTRICT FOR POTENTIAL DEVELOI?MENT OF THE OYSTER POINT MARINA AND OYSTER POINT BUSINESS PARK WHEREAS, the Redevelopment Agency of the City of South San Francisco ("Agency") is a redevelopment agency formed, existing and exercising it:s powers pursuant to the provisions the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.); and, WHEREAS, the City Council of the City of South San Francisco ("City") has adopted a Redevelopment Plan for the Downtown/Central Project Area (as amended, the "Project Area"); and, WHEREAS, the City is the owner of certain real property located within the Project Area and commonly known as the Oyster Point Marina ("Marina Property"); and, WHEREAS, the City and the San Mateo County Harbor District ("District") have established a joint powers authority that governs the development, operations, and maintenance of the Oyster Point Marina Property, including management of the Oyster Point Marina by the District; and, WHEREAS, Oyster Point Ventures LLC, a joint venture between Shorenstein Properties and SKS Investments LLC ("S/SKS"), purchased the Oyster Point Business Park, which is adjacent to the Oyster Point Marina, for the purpose of developing the Oyster Point Business Park into a modern research and development life sciences campus; and, WHEREAS, in collaboration with the City and the Agency, S/SKS has proposed a public-private development approach that would result in an integrated development of the Oyster Point Marina and the Oyster Point Business Park ("Project"), which requires collaboration amongst the City, the District, the Agency and :~/SKS; and, WHEREAS, in May 2009 the City Council and Redevelopment Agency Board approved a non-binding Memorandum of Understanding ("MOU"), that establishes a mutual understanding among the City, the Agency and the District regarding the potential conveyance of lease interests and portions of the area commonly known as the Marina Property, and the potential development an office/research and development life sciences campus, commercial development, and substantial public amenities for the Project:; and, WHEREAS, the MOU provided in Section 4 that its effective term ("Term") would commence on the specified Effective Date of May 27, 2009, and would terminate five hundred forty (540) days thereafter, unless extended or earlier terminated as provided in the MOU; and, WHEREAS, in accordance with the MOU, on December 1, 2010, the District approved a sixty (60) day extension of the MOU, which extension was subsequently approved administratively by the City and Agency; and, WHEREAS, the City and Agency administratively approved an additional thirty (30) day extension that was then approved by the District on January 19, 2011, such that the MOU is now set to expire on February 16, 2011; and, WHEREAS, in order to complete environmental review and obtain required governmental approvals and entitlements for the proposed Project, the City, the Agency, and the District have determined that it is necessary to extend the Term beyond that set forth in the MOU; and, WHEREAS, the City, the Agency, and the District now all wish to extend the Term of the MOU, as described in the proposed First Amendment, attached to this Resolution as Attachment 1; and WHEREAS, the First Amendment to the MOU would extend the effective period of the MOU, but would not change any other sections, terms, or conditions of the MOU, which would remain in full force and effect; and WHEREAS, the MOU is a preliminary, non-binding; agreement, and neither the MOU nor the First Amendment thereto, commits the City to a definite course of action or forecloses consideration of alternatives; and certification of environmental review pursuant to the California Environmental Quality Act (CEQA) will be required prior approval of any land use entitlements for the Project; therefore, execution of this First Amendment to the MOU is not an "approval" of a "project," as those terms are defined in CEQA. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency Board of the City of South San Francisco hereby: (1) Finds and determines that the recitals are true and correct; (2) Approves the First Amendment to the MOU in substantially the same form attached hereto as Attachment 1; (3) Authorizes the Executive Director to enter into and execute the First Amendment to the MOU in substantially the same form as attached hereto as Attachment 1, and with any revisions, amendments, or modifications deemed necessary by counsel to the Agency to carry out the intent of this Resolution and which do not materially or substantially increase the Agency's obligations thereunder; and (4) Directs the members, employees, officers, and. agents of the Agency to jointly and severally do any and all things and to execute and deliver any and all other agreements deemed necessary to carry out, give effect to, and comply with the terms and intent of this Resolution and the First Amendment to the MOU as approved by this Resolution so long as such agreements do not materially or substantially increase the Agency's obligations with respect to the First Amendment to the MOU. 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 special meeting held on the 26`h day of January, 2011 by the following vote: AYES: Boardmembers Mark Addiego, Pedro Gonzale;~, and Karyl Matsumoto, Vice Chair Richard A. Garbarino and Chairman Kevin Mullin NOES: ABSTAIN: ABSENT: t-- , J ~ ~% ATTES . it rk ~_.