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HomeMy WebLinkAboutSA Resolution 2015-02 (PG&E Subterranean Utility Work)RESOLUTION NO. 2015-02 RESOLUTION OF THE SAN RAFAEL SUCCESSOR AGENCY APPROVING THE GRANT OF A 24 -MONTH TEMPORARY LICENSE TO PACIFIC GAS AND ELECTRIC COMPANY FOR SUBTERRANEAN UTILITY WORK ON REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SECOND STREET AT LINCOLN AVENUE (APN 013-021-47), AND DECLARING THE SUCCESSOR AGENCY'S INTENTION TO TRANSFER THE PROPERTY TO THE CITY OF SAN RAFAEL WHEREAS, in 1998, the City of San Rafael entered into a Development Agreement, and the San Rafael Redevelopment Agency entered into an Owner Participation, Disposition and Development Agreement (OPDDA) with the Fair, Isaac Company, Inc. ("Fair, Isaac"), providing for the development of an office complex now known as the "San Rafael Corporate Center" on several parcels of real property located in the vicinity of Second Street and Lincoln Avenue in San Rafael; and WHEREAS, in connection with the execution of the OPDDA, the City of San Rafael transferred to the San Rafael Redevelopment Agency a parcel of City -owned real property located on the southeastern corner of the intersection of Second Street and Lincoln Avenue, to be transferred to Fair, Isaac pursuant to the OPDDA for development as part of the proposed San Rafael Corporate Center; and WHEREAS, the San Rafael Redevelopment Agency thereafter transferred to Fair, Isaac the largest portion of said property, now commonly known as 788 Lincoln Avenue (hereinafter the "Garage Parcel"), but retained title to a small portion of the parcel directly adjacent to the Garage Parcel and to Second Street, which now bears Assessor's Parcel No. ("APN") 013-021- 47 (hereinafter "the Redevelopment Agency Property"), which property is currently being used by the City of San Rafael as part of its Second Street right-of-way; and WHEREAS, after entering into the Development Agreement and OPDDA, Fair, Isaac subsequently sold the development properties and assigned the associated development rights and obligations under the OPDDA and the Development Agreement, all of which, through a succession of transfers, are now owned by the California Corporate Center Acquisition LLC, a legal entity on behalf of BioMarin Pharmaceutical Inc. (`BioMarin'); and WHEREAS, in 2012, as part of the State of California dissolution of all redevelopment agencies throughout the state and pursuant to Health and Safety Code Sections 34170 through 34191.5, the San Rafael Successor Agency (the "Successor Agency") became the legal successor -in -interest to all assets and obligations of the San Rafael Redevelopment Agency, including the Redevelopment Agency Property; and WHEREAS, the Successor Agency is the successor -in -interest to the rights and obligations of the San Rafael Redevelopment Agency pursuant to the terms of the OPDDA; and WHEREAS, pursuant to the OPDDA and the Development Agreement, BioMarin is in the process of completing construction of the San Rafael Corporate Center by constructing a parking garage on the Garage Parcel; and WHEREAS, PG&E has a franchise granted by the City of San Rafael to place, maintain, and operate electrical transmission lines and facilities in City rights-of-way to provide electrical service to real properties within the City; and WHEREAS, as part of the garage construction project, Pacific Gas and Electric Company (PG&E) must perform subterranean utility upgrades within the area to provide service to the Garage Parcel; and WHEREAS, because the Redevelopment Agency Property is being used as part of the City of San Rafael's right-of-way, PG&E requires and has requested, consistent with its franchise, access over, under and upon the Redevelopment Agency Property for the placement of underground utilities in the right-of-way for the utility upgrade project for the Garage Parcel; and WHEREAS, as part of the consideration provided in the OPDDA, the San Rafael Redevelopment Agency assumed an obligation to Fair, Isaac and its successors to "do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete" the development and occupation of the San Rafael Corporate Center; therefore the San Rafael Successor Agency now has an "enforceable obligation" to assist in effectuating the development rights of BioMarin, the current developer under the OPDDA and the Development Agreement; and WHEREAS, it is in the best interests of the City of San Rafael and the Successor Agency to cooperate with BioMarin and PG&E in order to complete construction of the garage on schedule and encourage the economic development of the downtown area; and WHEREAS, the transfer of any property owned by the Successor Agency must be approved by the Oversight Board to the Successor Agency of the dissolved Redevelopment Agency of the City of San Rafael (the "Oversight Board") and the State of California Department of Finance through approval of the Long Range Property Management Plan; and WHEREAS, the San Rafael Successor Agency has prepared a Long Range Property Management Plan which includes the transfer of the Redevelopment Agency Property to the City of San Rafael for right-of-way purposes; however, this property transfer is contingent upon the approval by the State of California and the timeline for this approval is uncertain; and WHEREAS, the Oversight Board met on May 18, 2015 to consider the Successor Agency's Long Range Property Management Plan; and WHEREAS, the subterranean utility work required for the parking lot construction project is time sensitive in order to prevent delays to the completion of the parking garage; NOW THEREFORE BE IT RESOLVED by the Successor Agency as follows: Section 1. The Successor Agency approves the grant of a 24 -month temporary license to Pacific Gas and Electric Company, a California Public Utility, in a form to be determined by the City Attorney for the purpose of constructing, operating, and maintaining underground utility facilities on the Redevelopment Agency Property (APN 013-021-47) in furtherance of an enforceable obligation and to effectuate the 1998 Owner Participation, Disposition and Development Agreement, originally made with Fair, Isaac and subsequently assigned to BioMarin. Section 2. The Successor Agency acknowledges that it intends to transfer the Redevelopment Agency Property (APN 013-021-47) to the City of San Rafael, subject to final approval by the Oversight Board and the California Department of Finance, for use as part of the City's Second Street right-of-way, and that the Redevelopment Agency Property shall thereupon become subject to Pacific Gas and Electric Company's rights and privileges pursuant to its franchise agreement with the City of San Rafael. I, ESTHER C. BEIRNE, Clerk of the San Rafael Successor Agency, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael Successor Agency Board, held on Monday, the eighteenth day of May, 2015, by the following vote, to wit: AYES: Boardmembers: Bushey, Colin, Gamblin, McCullough & Chairman Phillips NOES: Boardmembers: None ABSENT: Boardmembers: None ,5—S*&,X . P—w—e E"k ESTHER C. BEIRNE, Successor Agency Clerk