HomeMy WebLinkAboutRDA Reso 16-2011 RESOLUTION NO. 16-2011
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SOUTH SAN FRANCISCO ADOPTING
FINDINGS REQUIRED BY CALIFORNIA HEALTH AND
SAFETY CODE SECTION 33445; APPROVING THE
EXPENDITURE OF TAX INCREMENT FUNDS FOR THE
ACQUISITION OF REAL PROPERTY BY THE CITY OF
SOUTH SAN FRANCISCO; AUTHORIZING EXECUTION OF
AN OWNER PARTICIPATION AGREEMENT WITH THE
CITY OF SOUTH SAN FRANCISCO; AUTHORIZING THE
EXECUTION OF A PURCHASE AND SALE AGREEMENT
WITH THE GONZALEZ FAMILY TRUST; AND
AUTHORIZING THE APPROPRIATION OF $9,000,000 FOR
THE ACQUISITION OF PROPERTY
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 seg. ( "CRL "); and
WHEREAS, the City Council of the City of South San Francisco ( "City ") established
the Downtown/Central Redevelopment Project (the "Project Area ") and adopted the
Redevelopment Plan for the Project Area (the "Redevelopment Plan "); and
WHEREAS, the Gonzalez Family Trust, David J. Gonzales, Trustee and Florida G
Gonzalez, Trustee ( "Owner "), owns certain real property located in San Mateo County,
California, located at 315 Airport Boulevard (APN No. 012- 318 -080), 405 Cypress Avenue
(APN No. 012 - 314 -100), 401 Airport Boulevard (APN No. 012 -317 -110, 411 Airport Boulevard
(012 -317 -100), 421 Airport Boulevard (APN No. 012 -317 -090), and 216 Miller Avenue (012-
314 -220) in the City of South San Francisco (collectively, the "Property "); and
WHEREAS, Owner desires to the sell the Property to City; and
WHEREAS, City desires to acquire the Property, and Agency seeks development of the
Property consistent with the Redevelopment Plan and Agency's owner participation rules; and
WHEREAS, City desires to develop and construct public amenities on the Property that
will facilitate redevelopment of the Project Area and alleviate blight; and
WHEREAS, pursuant to CRL Section 33205, Agency is authorized to delegate to City
any of the powers or functions of Agency with respect to the undertaking of a redevelopment
project, and City is authorized to carry out and perform such powers and functions; and
WHEREAS, pursuant to CRL Sections 33220 and 33437, City is authorized to
(i) become obligated to use property for the purposes specified in the Redevelopment Plan and
the owner participation rules, and (ii) comply with the covenants, conditions and restrictions
imposed by Agency in order to prevent speculation and carry out the purposes of the CRL and
the Redevelopment Plan; and
WHEREAS, pursuant to CRL Section 33445(a), Agency, with the consent of City, is
authorized to pay for all or a part of the value of the land for and the cost of the installation and
construction of any building, facility, structure, or other improvement that is publicly owned and
is located inside or contiguous to the Project Area, provided that City finds: (i) the acquisition of
the Property, and improvements thereon, are of benefit to the Project Area, (ii) no other
reasonable means of financing the acquisition of the Property is available to City; and (iii) the
payment of redevelopment funds for the value of the Property will assist in the elimination of
one or more blighting conditions inside the Project Area, and will be consistent with the
Implementation Plan adopted by Agency; and
WHEREAS, to facilitate the redevelopment of the Project Area and the Property,
Agency desires to pay for City's acquisition of the Property, and City desires to acquire the
Property, subject to the terms and conditions of an Owner Participation Agreement ( "OPA "),
which are designed to ensure that the redevelopment of the Property is carried out in accordance
with the Redevelopment Plan; and
WHEREAS, City has heretofore authorized by resolution the expenditure of
redevelopment funds finding that: (i) the acquisition of the Property, and improvements thereon,
are of benefit to the Project Area, (ii) no other reasonable means of financing the acquisition of
the Property is available to City; and (iii) the payment of redevelopment funds for the value of
the Property will assist in the elimination of one or more blighting conditions inside the Project
Area, and will be consistent with the Implementation Plan adopted by Agency; and
WHEREAS, Agency and City desire to enter into a purchase and sale agreement with
Seller setting forth the terms and conditions for the acquisition of the Property by City ( "PSA ");
and
WHEREAS, pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15378(b)(4),
approval of the OPA, the Assignment Agreements and the grant deeds, and the transfer of the
Property, is not 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
approval of agreements and transfer of property does not; and
WHEREAS, the City and /or Agency has already certified Environmental Impact
Reports, which consider the environmental impacts of the public improvements completed or
contemplated for the Property, including the following Environmental Impact Reports, 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: (i) General Plan EIR, (ii) General
Plan Update EIR, and (iii) Redevelopment Plan for the Downtown / Central Redevelopment
Project EIR; and
WHEREAS, development of the Property 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; and
WHEREAS, the Agency Board of Directors has duly considered all of the terms and
conditions of the proposed PSA and OPA and believes that the acquisition of the Property by
City pursuant to the PSA and OPA is in the best interests of the City of South San Francisco and
the health, safety and welfare of its residents, and in accord with the public purposes and
provisions of applicable state and local laws and requirements;
NOW THEREFORE BE IT RESOLVED that the Redevelopment Agency of the City
of South San Francisco hereby
1. Finds that the foregoing Recitals are true and correct and made a part of this Resolution.
2. Finds that the transfer of the Property in accordance with the OPA will assist in the
elimination of blight in the Project Areas, will further the goals of the Redevelopment
Plans, and will be consistent with the implementation plans adopted in connection
therewith.
3. Finds that (i) the expenditure of tax increment funds to acquire the Property as set forth in
this Resolution and the Implementation Plan will be of benefit to the Project Area, (ii) no
other reasonable means of financing the Project is reasonably available, (iii) acquisition of
the Property will eliminate blighting conditions in the Project Area; and (iv) acquisition of
the Property is consistent with the Implementation Plan.
4. Authorizes the Executive Director to execute the OPA and PSA substantially in the forms
on file with the Agency Secretary, and to make revisions to such documents, subject to
the approval of Agency Counsel, which do not materially or substantially increase the
Agency's obligations thereunder.
5. Authorizes the Executive Director to appropriate an amount not to exceed Nine Million
Dollars ($9,000,000) of unallocated funds in the budget for acquisition of the Property by
City and appropriate funds necessary for costs related to the acquisition of the Property.
6. Authorizes the Executive Director to execute such other instruments 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 Redevelopment Agency of the City of South San Francisco at a regular meeting held on the
9th day of March, 2011 by the following vote:
AYES: Boardmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto,
Vice Chair Richard A. Garbarino and Chairman Kevin Mullin
NOES: None
ABSTAIN: None
ABSENT: None
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