§ 17.4. TRANSFER OF PARKING AUTHORITY PROPERTY TO THE MUNICIPAL TRANSPORTATION AGENCY.

(a) As authorized by California Streets and Highways Code Section 32067, the Moscone Center Garage, 255 Third Street, San Francisco, Assessor’s Parcel Number 3735-060, and the Performing Arts Garage, 360 Grove Street, San Francisco, Assessor’s Parcel Numbers 0792-029 and 0792-022, which includes all real property, interests in property, leases involving and all improvements and personal property thereon of those parking facilities, are transferred to the Municipal Transportation Agency. Leases and other interests of the Parking Authority in the Moscone Center Garage and the Performing Arts Garage are assigned to the Municipal Transportation Agency, including but not limited to the ground lease of certain property under the jurisdiction of the Department of Public Works for access between the Performing Arts Garage and Gough Street, a copy of which is on file with the Clerk of the Board of Supervisors in File No. 170271 and is incorporated herein by reference. The Municipal Transportation Agency, as assignee, shall assume all obligations and benefits of said Lease from the Parking Authority, as assignor.

(b) The Assignment Agreement assigning the Lease dated February 27, 1981, between the State of California, Department of Transportation, as lessor, and the Parking Authority, as lessee, for the real property located on Gough Street near Grove Street, which is a portion of Assessor’s Parcel Number 0792-028 and provides access between the Performing Arts Garage and Gough Street, is approved. Although the City and County owns the fee interest in such real property and holds the lessor interest in such Lease, the leasehold interest in the real property and the lessee interest in the Lease are intended to survive the assignment and not intended to merge by operation of law. The Municipal Transportation Agency, as assignee, shall assume all obligations and benefits of such Lease from the Parking Authority, as assignor. A copy of the Assignment Agreement and Lease is on file with the Clerk of the Board of Supervisors in File No. 170271 and is incorporated herein by reference.

(c) For purposes of Administrative Code Section 23.3, the transfer of the Moscone Center Garage and the transfer of the Performing Arts Garage to the Municipal Transportation Agency in this Section 17.4 is a donation, which does not require an appraisal of the value of the property to be conveyed. The transfer of those parking facilities from the Parking Authority to the Municipal Transportation Agency is authorized by California Streets and Highways Code Section 32067. Said transfer will effect a public purpose, will not change the use of the property as parking facilities, and will not change the use of the revenues of the property, which Charter Section 8A.105(b)1 requires be used to support the Municipal Transportation Agency.

(d) The SFMTA has affirmed, in correspondence in Board File No. 170271, that it will provide at a minimum semi-annual written reports to the Board of Supervisors on any studies and plans to develop the Moscone Center Garage and the Performing Arts Garage, and will also provide to the Board of Supervisors a public outreach plan to engage the community on potential development alternatives, and any completed studies by third-party consultants shall be made immediately available to the Board of Supervisors. At the present time, San Francisco Municipal Transportation Agency, Office of Economic and Workforce Development, and Mayor’s Office of Housing and Community Development have been developing a proposal for the Moscone Garage that includes potential development of a hotel and associated uses, and affordable housing units. The current proposed scenario, which is subject to change based on public input, environmental review, and other factors including discussions around Central SoMa community facilities and Yerba Buena Gardens benefits, includes 650 hotel rooms and 100 units of affordable housing.

(e) The Municipal Transportation Agency and the Mayor, in consultation with the City Attorney, are authorized to take such actions as necessary to effect the purposes of this Section 17.4 to transfer to the Municipal Transportation Agency from the Parking Authority the real property, personal property, and any other property interests of the Moscone Center Garage and of the Performing Arts Garage.

(Added by Ord. , File No. 170271, App. 7/27/2017, Eff. 8/26/2017)