Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: John L. Maltbie, County Manager
Subject: Property Transfer Agreement with McKesson Corporation for the conveyance of Real Property located within the boundaries of the San Bruno Mountain Habitat Conservation Plan
RECOMMENDATION:
title
Adopt a resolution regarding property transfer located in the San Bruno Mountain Habit Conservation Plan:
A) Authorizing the President of the Board of Supervisors to execute a Property Transfer Agreement with McKesson Corporation for the conveyance of real property located within the boundaries of the San Bruno Mountain Habitat Conservation Plan and identified by San Mateo County Assessor’s Parcel Numbers 005-260-370, 005-260-180, 090-090-250, 005-260-380, 005-270-100, 090-100-250 and 005-260-360; and
B) Authorizing the County Manager, or his designee, to execute and record such other documents as may be necessary to effectuate the transfer and acceptance of the real property, including but not limited to the execution of a certificate of acceptance; and
C) Authorizing the County Manager to accept the donation of $549,000 in funds required to implement the prepared habitat restoration plan and manage the conveyed property.
body
BACKGROUND:
Under the provisions of the San Bruno Mountain Habitat Conservation Plan (“HCP”), certain parcels within the HCP boundaries were identified as habitat for specified protected species of butterflies and designated for dedication as open space and “Conserved Habitat”, as defined in the HCP. The intent of the HCP is to ensure that habitat for the mission blue, callippe silverspot, San Bruno elfin and bay checkerspot butterflies in the San Bruno Mountain area is preserved. The HCP also provides guidance for developing scientifically sound management and monitoring plans for the conservation of: a) the habitat of the aforementioned butterflies and b) the overall native ecosystem of San Bruno Mountain in perpetuity. Since the HCP was adopted in 1982, a number of parcels have been dedicated to the County and are now incorporated into the San Bruno Mountain County Park and HCP.
DISCUSSION:
The parcels being conveyed by the Property Transfer Agreement (“Property”) are currently owned by McKesson Corporation and consist of approximately 49 acres. Property details are as follows:
• Parcel 1 includes the property identified as APN 090-090-250, located in unincorporated County; and APNs 005-260-180 and 005-260-370, located in the City of Brisbane. Together these parcels consist of approximately 20.93 acres.
• Parcel 2 includes the property identified as APNs 090-100-250, 005-270-100 and 005-260-380, located in unincorporated County and consisting of approximately 27.43 acres.
• Parcel 3 includes a .11 acre parcel identified as APN 005-260-360, located in the City of Daly City.
These parcels are all located on the easterly side of San Bruno Mountain County Park and shown in Exhibit A attached.
The Property will be transferred to the County in accordance with the terms of the Property Transfer Agreement and HCP. McKesson Corporation has provided an ALTA Survey of the Property and the Parks Department has verified the physical boundaries of the Property. There is an easement for an access road to a water tank operated by Guadalupe Valley Municipal Improvement District that traverses the southerly side of Parcel 1; however the water tank itself is located outside of the Property. The County will take title to the Property subject to this access easement. A Phase 1 Environmental Site Assessment has also been prepared for the Property and reviewed and approved by Parks Department staff.
There was a significant erosion issue on the Property causing Old Ranch Road to severely erode. County Park staff identified the problem and McKesson Corporation prepared plans, secured a Grading Permit from the County Planning Department, and corrected the problem to the satisfaction of County Parks.
A Restoration and Invasive Management Plan (“Restoration Plan”) was prepared for McKesson Corporation by West Coast Wildlands, Inc. and Lech Naumovich - Creekside Science. The purpose of the Restoration Plan is to provide a roadmap to restore and maintain the habitat on the Property in a “condition of minimal maintenance.” Parks staff and the San Bruno Mountain HCP Technical Advisory Committee concur with the Restoration Plan’s recommendations. The proposed budget for implementing the Restoration Plan over the course of 5 years is $499,000. The cost to manage the implementation of the Plan is estimated to be $50,000. McKesson Corporation will deposit $549,000 into escrow to cover these costs.
The conveyance of the Property cannot be accepted for recordation without the consent of the County as evidenced by an executed certificate or resolution of acceptance.
The Planning Commission of the County has made a finding that the acquisition by the County is in conformance with the County’s General Plan. Requests for General Plan conformity findings were submitted to the City of Brisbane and City of Daly City.
Acquisition of the Property is categorically exempt under the California Environmental Quality Act (CEQA). A notice of exemption was filed May 17, 2017.
The Director of County Parks concurs with this recommendation. County Counsel has reviewed and approved the Resolution and Property Transfer Agreement as to form.
Approval of this resolution contributes to the Shared Vision 2025 outcome of a Environmentally Conscious Community by promoting environmental stewardship of important natural resources through cooperative efforts.
FISCAL IMPACT:
This action will incorporate additional lands into the County Park System, and thus, over time, it will require incremental expenditures in addition to the $549,000 that the County will be granted by the McKesson Corporation for implementation of the Restoration Plan and management of the Property. The Property is unimproved, aside from existing Park trails and access roads. Because the Property is located in the Habitat Conservation Plan area it may require future invasive control work under the HCP, but such work will be an obligation of the HCP Trust Fund, which is funded by annual assessments imposed on development in the HCP area.