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
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ESTHER C. BEIRNE,
Successor Agency Clerk