Special Notice / Hearing: 1 Week Published Notice
Vote Required: 4/5ths
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executive
Subject: Agreement to Quitclaim Rights of Way for Portions of South Airport Boulevard and San Bruno Avenue and to Assign and Terminate Signal Maintenance Agreements, in unincorporated County of San Mateo
RECOMMENDATION:
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Adopt a resolution authorizing:
A) The President of the Board of Supervisors to execute the Agreement to Quitclaim Rights of Way for Portions of South Airport Boulevard and San Bruno Avenue and to Assign and Terminate Signal Maintenance Agreements with the City and County of San Franciso in unincorporated County of San Mateo; and
B) The President of the Board of Supervisors to execute the Quitclaim Deed transferring all rights of way for portions of South Airport Boulevard and San Bruno Avenue to the City and County of San Franciso in unincorporated County of San Mateo; and
C) The County Executive, or their designee, to execute on behalf of the County of San Mateo any and all additional documents related to the Agreement, such as notices, consents, approvals, instructions and any amendments thereto.
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BACKGROUND:
The City and County of San Francisco (the “City”), acting by and through its Airport Commission, owns and operates the San Francisco International Airport (the “Airport”), which is partially located within an unincorporated area of the County of San Mateo, State of California.
The County of San Mateo (the “County”) holds rights of way interests and maintenance obligations over portions of South Airport Boulevard and San Bruno Avenue (collectively, “County Rights of Way”) serving the Airport, with the underlying property (County Assessor’s Parcel Number 092-020-140) being owned in fee title by the City.
The County installed certain traffic signals and associated highway lighting facilities at two intersections along the County Rights of Way, including the junction in front of the United Airlines Maintenance Operations Center (“MOC”), to help maintain and control vehicular traffic along the roadways serving the Airport.
On June 12, 1973, the County entered into an agreement with United Airlines, Inc. (the “United San Bruno Avenue Signal Agreement”) to maintain certain traffic signals and associated highway lighting facilities serving the MOC.
On December 7, 1973, the County and the City entered into an Agreement for Maintenance of Traffic Signals and Highway Lighting (the “SFO San Bruno Avenue Signal Agreement”) to provide for the maintenance and repair of the San Bruno Avenue Signals by the County, and to apportion the expense of the same between City and County.
On December 1, 1995, the County and the City entered into an Agreement for Maintenance of Traffic Signals and Highway Lighting (the “SFO Parking Lot DD Signal Agreement”) to provide for the maintenance and repair of the Parking Lot DD Signals by the County, and to apportion the expense of the same between City and County.
DISCUSSION:
Airport staff desires to take over roadway and traffic signal maintenance and repair service obligations from the County for such portions of South Airport Boulevard and San Bruno Avenue to allow the Airport to better serve its customers and the community since the two roadway segments primarily serve Airport passengers and employees traveling to and from the long-term parking campus and Airport support facilities.
Federal Aviation Administration (FAA) regulations prohibit the use of airport revenues for maintenance and repair of property not controlled by the City as part of the Airport.
The County Department of Public Works supports the transfer of the County Rights of Way and all maintenance and repair service responsibilities to the City so that the City can directly maintain and repair such roadways and traffic signals at City’s sole cost and expense while saving the County’s road maintenance funds from expenditures for such costs.
The City and County have negotiated an Agreement to Quitclaim Rights of Way for Portions of South Airport Boulevard and San Bruno Avenue and to Assign and Terminate Signal Maintenance Agreements (the “Agreement”), pursuant to which the County will quitclaim all of its right title and interest in and to the County Rights of Way and transfer all of its roadway and signal maintenance repair obligations to the City, allowing the Airport to maintain the roadways and traffic signals without violating any FAA regulations, with no purchase price payable by City for such transaction.
Section 25365(a) of the California Government Code provides that the board of supervisors may, by a four-fifths vote, quitclaim to any city or any other public agency within the county any real property, or interest therein belonging to the county upon the terms and conditions as are agreed upon and without complying with any other provisions of the subject code, if the property or interest therein to be quitclaimed is not required for county use.
The County Rights of Way are not required for County use and are required for City use.
The County has published notice of the intended action to quitclaim the County Rights of Way pursuant to California Government Code Section 6061 at least one week prior thereto in a newspaper of general circulation published in the county in accordance with Government Code Section 25365(c).
In furtherance of the foregoing, the Agreement shall (i) terminate the County Rights of Way by County quitclaiming to City all of its right, title, and interest in and to the same pursuant to the County Rights of Way Quitclaim Deed and (ii) transfer all maintenance and repair service obligations for the South Airport Boulevard Signal Facilities from County to City by (a) assigning County’s interest in the United San Bruno Avenue Signal Agreement to City and (b) terminating in their entirety the SFO San Bruno Avenue Signal Agreement and the SFO Parking Lot DD Signal Agreement.
The City’s Airport Commission met on November 19, 2024, to consider the Agreement and the terms and conditions of the proposed transaction, and gave approval for the Director of the City’s Real Estate Division to sign the Agreement and documents effectuating the transfer upon the approval by the San Mateo County Board of Supervisors.
Attachment A shows the area of County Rights of Way to be quitclaimed by the County to the City.
The County Attorney’s Office has reviewed and approved the Agreement, Quitclaim Deed and resolution as to form. The Director of Public Works concurs in this recommendation.
COMMUNITY IMPACT:
The County of San Mateo is dedicated to ensuring equitable access to quality services for all residents. This Board action does not affect the County’s ability to provide critical services for residents.
FISCAL IMPACT:
There is no Net County Cost associated with this Board action.