Things to Know: Oversight Board Minutes

OVERSIGHT BOARD TO THE SAN BRUNO SUCCESSOR AGENCY

1.   CALL TO ORDER:  THIS IS TO CERTIFY THAT the Oversight Board to the San Bruno Successor Agency met on October 15, 2013 at San Bruno City Hall, 567 El Camino Real, Conference Room 115, San Bruno, CA.  The meeting was called to order at 8:04 a.m.

      ROLL CALL:   Presiding was Chair Peggy Jensen, County of San Mateo; Julia Baigent, County Appointed Public Member; Barbara Christensen, San Mateo Community College District;  Elizabeth McManus, San Mateo Union High School District; Dr. Lawrence Cappel, PHD, Peninsula Health Care District and participating via teleconference were Vice Chair Jim Ruane, San Bruno Mayor and Connie Jackson, San Bruno City Manager from the New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019.  Recording by San Bruno City Clerk Bonner.

2.   REVIEW OF AGENDA:   No changes.   

3.   APPROVAL OF MINUTES:    Oversight Board to the San Bruno Successor Agency Special

Meeting Minutes of September 17, 2013, approved as submitted.  Julia Biagent said on Page 2, second to the last paragraph, where it says has not been marked for these uses, should read marketed.

4.  PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA:   None.

5.  CONDUCT OF BUSINESS:

      Receive Report on Proposed Amendment to the Long Range Property Management Plan Approved by the Oversight Board on September 17, 2013.

      Attorney Labadie said he had been given direction to work with the attorney to come up with the Board’s intent that there be restrictions established to ensure that the pocket park remains for public park and related uses.  He said he prepared a memorandum that describes the legal framework.  Essentially, the Courts have upheld the restrictions that limit the use of property to park or other similar purposes.  He said the sale of property which is dedicated for

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park purposes has to go through some strict procedural hoops involving an election and approval by the voters to allow the property to be converted to non-park uses.  There are also requirements offered for sale for affordable housing and park purposes.  He said the primary

legal constraint would be the deed restrictions.  He recommended the Board proceed forward with approval of the long-range property management plan but include a provision in either the approving resolution or the plan itself stating that the approval is subject to the condition that although the property can be conveyed to the City for governmental purposes that there would

be at the time of transfer a deed restriction included in the transfer documents limiting the future use of the property to parks and related purposes as permitted under the current general and transit corridor plans adopted by the City of San Bruno.         

      Labadie further stated there was some discussion about the possibility of establishing a mechanism that if the property were ever sold, the proceeds would go back to the tax entities.  He said if that were to be done he suggested an agreement between the City and the successor agency.

      Julia Baigent asked about a general plan amendment so this is designated only public park use.  Labadie said that could be done as well. 

      City Manager Jackson said she believed this would need to be deferred to staff if it is not an issue that requires immediate response.

      Housing Manager Sullivan said the general plan and zoning are different but he said the zoning should be looked into since the City is currently doing a zone code update.  Labadie said legally the zoning has to be amended to be consistent with the plan.  He said the question for the Board is whether they want the property transferred until that zoning change process is completed.

      Chair Jensen asked if there was a major project to be built in downtown San Bruno, mixed-use, what happens with that parcel if it becomes a key component of the project.  Labadie said it would be an impediment to conversion to other uses but given the wording, as reflected in the general plan and the transit corridor plan, it could be open space incorporated into a development.  Chair Jensen wanted to be sure if the property were sold the proceeds would go back to the entities.  Labadie said title could show this provision but it would only come into play if the City decided to use it for some non-park purpose.  Lawrence Cappel was in agreement.

Discussion took place among the Board members regarding the property.

       M/S Baigent/ made a motion that the Board approve transfer of the property to the City with a deed restriction that it be used for public park/public open space/public plaza or other lawful uses and that the City can remove the restriction by paying back to the taxing agencies prorata, $450,000. with a CPI escalation Bay Area.  Labadie said the appraised value would be the current value of $450,000. and the first motion died for lack of a second.

       M/S Christensen/Cappel made a motion that the Board approve transfer of the property to the City with a deed restriction that it be used for public park/public open space/public plaza or other lawful uses and that there be a restricted covenant that includes the provision, if the City wants to list the restricted covenant, the taxing entities are paid the fair market value of the property at that time.  Baigent questioned whether the fair market value was based on being a park of fair market value based on what it is used for now which is the value it was appraised at today.  It was concluded fair market value as it was set; however, no agreement was made on the motion.

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      Discussion took place among the Board members regarding the property.

      Labadie asked City Manager Jackson if the City had an interest in purchasing the property currently.  Jackson said she believed the City’s interest would be that it would revert to the City under the transfer of AB26.

      Labadie said he had suggested a simple deed restriction that limits the property to park space.

     Labadie repeated the motion for clarity.  To approve the resolution, the Oversight Board approving the long range property management plan as submitted with the condition that at the time the property is transferred the deed would contain a restriction on future uses of the property to public park/public open space/public plaza and other lawful uses and that there would be a second provision in the deed providing that the limitation to park uses could be

removed if the City at the time it transfers property from non-park uses pays to the taxing entities fair market value at the time of sale or transfer.

     A roll-call vote took place: Jensen, no; Cappel, yes; Christensen, yes; Baigent, no; McManus, yes; Jackson, yes; Ruane, yes.  Five votes for it, two against.

     Labadie said he would craft the appropriate language, run it by the Chair and then see if the State was ok with it and if they were, at the time of the transfer he would bring back the deed for the Board’s review and consideration. 

6.   ADJOURNMENT:

      Chair Jensen closed the meeting at 8:53 a.m. The next scheduled Oversight Board Meeting on November 4, 2013 at 8:00 a.m. is cancelled.  It was concluded the next meeting would be on February 3 to approve the Recognized Obligation Payment Schedule 14-15A at 8:00 a.m. in the morning at San Bruno’s City Hall, 567 El Camino Real, San Bruno, CA.

Respectfully submitted for approval

at the Oversight Board Meeting of

February 3, 2014

                                                                                                                                                                                                                            ____________________________

                                                                                  Carol Bonner, Secretary

                                                                      ____________________________

                                                                                      Peggy Jensen, Chair