HomeMy WebLinkAboutReso 50-2011RESOLUTION NO. 50 -2011
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
AND AMONG THE CITY OF SOUTH SAN FRANCISCO, THE
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN
FRANCISCO, AND THE SAN MATEO COUNTY HARBOR
DISTRICT
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 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 Marina Property, 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 S /SKS; and,
WHEREAS, in May 2009 the City Council and Redevelopment Agency Board approved
a non - binding Memorandum of Understanding ( "MOU "), that established 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 City, the Agency, and the District now all wish to enter into an
Agreement between and among the City, the Agency and the District ( "Agreement') that will
supersede any points of agreement contained within the MOU, attached to this Resolution as
Attachment 1; and
WHEREAS, the City, in conjunction with Agency, pursuant to the California
Environmental Quality Act (Section 21000 et seq. of the Public Resources Code, and the
Guidelines set forth at 14 California Code of Regulations section 15000 et seq., "CEQA "), has
prepared and circulated for public comment a Draft EIR to evaluate the potential environmental
impacts of the proposed Project. No construction will be authorized until (i) City, in conjunction
with Agency, has certified as adequate and approved a Final EIR; (ii) City has approved the land
use entitlements required for the Project; and (iii) any agreements or regulatory permits required
by any other applicable regulatory agencies have been obtained; and
WHEREAS, should any future construction of docks occur pursuant to terms contained
within the Agreement and that construction is not contemplated in the Project's EIR, subsequent
CEQA analysis would be required, unless the dock construction is exempt from CEQA pursuant
to a Class 2 exemption for replacement or reconstruction of an existing structure with
substantially the same purpose and capacity of the replaced structure (CEQA Guidelines §
15302), or other applicable CEQA exemption.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco hereby:
(1) Finds and determines that the recitals are true and correct;
(2) Approves the Agreement in substantially the same form attached hereto as
Attachment 1;
(3) Authorizes the City Manager to enter into and execute the Agreement in
substantially the same form as attached hereto as Attachment 1, and with any revisions,
amendments, or modifications deemed necessary by the City Attorney to carry out the intent of
this Resolution and which do not materially or substantially increase the City's obligations
thereunder; and
(4) Directs the members, employees, officers, and agents of the City 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 teens and intent of this Resolution and
the Agreement as approved by this Resolution so long as such agreements do not materially or
substantially increase the City's obligations with respect to the Agreement.
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 23 day of
March, 2011 by the following vote:
AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto,
NOES: None
ABSTAIN: None
ABSENT: None
Vice Mayor Richard A. Garbarino and Mayor Kevin Mullin