HomeMy WebLinkAboutReso 42-2011 RESOLUTION NO. 42 -2011
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH SAN FRANCISCO ADOPTING FINDINGS
REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE
SECTION 33445; APPROVING THE ACQUISITION OF REAL
PROPERTY FROM THE GONZALEZ FAMILY TRUST;
AUTHORIZING THE EXPENDITURE OF TAX INCREMENT
FUNDS IN AN AMOUNT NOT EXCEED $9,000,000 TO
FINANCE THE ACQUISITION OF REAL PROPERTY FOR
PUBLIC PURPOSES; AUTHORIZING THE EXECUTION OF
AN OWNER PARTICIPATION AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN
FRANCISCO; AUTHORIZING THE EXECUTION OF A
PURCHASE AND SALE AGREEMENT WITH THE
GONZALEZ FAMILY TRUST.
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 seq. ( "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, Gonzalez Family Trust, David J. Gonzales and Florida G. Gonzalez,
Trustees, ( "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, 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 City Council 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 City Council 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 acquisition of the Property in accordance with the OPA will assist in the
elimination of blight in the Project Area, will further the goals of the Redevelopment
Plan, and will be consistent with the implementation plan 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. Approves the City's acquisition of the Property from Owner pursuant to the terms and
conditions set forth in the PSA.
5. Authorizes Agency to expend tax increment funds in an amount not to exceed
$9,000,000, plus related costs of the acquisition, for the acquisition of the Property.
6. Authorizes the City Manager to execute the OPA, the PSA, and the grant deeds for
conveyance of the Property ( "Grant Deeds ") substantially in the forms on file with the
City Clerk and to make revisions to such documents, subject to the approval of the City
Attorney, which do not materially or substantially increase the City's obligations
thereunder.
7. Authorizes the City Manager to execute such other instruments and to take such other
actions as necessary to carry out the intent of this Resolution, including without
limitation, the execution and recordation of certificates of acceptance in connection with
the Grant Deeds.
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 9 day of
March, 2011 by the following vote:
AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto,
Vice Mayor Richard A. Garbarino and Mayor Kevin Mullin
NOES: None
ABSTAIN: None
ABSENT: None
TEST: V___,441 _
Cit Cler /