Inter-Departmental Correspondence

County Counsel



November 15, 2010


November 30, 2010







Honorable Board of Supervisors


County Counsel


Approval of an MOU with the City of Redwood City regarding the Proposed Replacement Jail site at Woodhouse Industrial Park



Adopt a Resolution authorizing the President of the Board to execute of a Memorandum of Understanding (MOU) with the City of Redwood City regarding the Proposed Replacement Jail site at Woodhouse Industrial Park



At its October 19, 2010 meeting, the Board of Supervisors: authorized the Sheriff, with support of County staff, to proceed with all necessary steps to bring a proposed Replacement Jail Project at what is now referred to as the “Woodhouse Industrial Site” to this Board for consideration; approved the associated Pre-architectural Program prepared by Liebert and Associates; and authorized and directed that a letter be sent to the Mayor and City Council of the City of Redwood City advising of the actions taken by the Board and indicating the intent of the Board to pursue the Woodhouse Industrial site alternative subject to the completion of an environmental review and such other legal and other requirements that may apply and subject to the finalization of a mutually acceptable memorandum of understanding with the City.


The letter of intent has been delivered to the City, and over the last six weeks, the Sheriff, in conjunction with the Planning Department, has completed and circulated for comment an Initial Study/Mitigated Negative Declaration for a Replacement Jail Project at the Woodhouse Industrial Site, with a plan to make a presentation to this Board at its meeting of December 14, 2010.


The City for its part, has entered into a set of option agreements (Options) to purchase the Woodhouse Industrial Site which is currently 6 parcels in the ownership of 4 different private parties and has proceeded with the reviews and due diligence activities, required in connection with the exercise of the Options and the purchase of the properties.



At the time of this writing, a proposed Memorandum of Understanding (MOU) has been drafted and is scheduled to be presented to the City Council of Redwood City for consideration and approval at its November 22, 2010 meeting. The proposed MOU would evidence and recognize the relationship and commitments between Redwood City and the County regarding the acquisition of the Woodhouse Industrial Site. There are still some concerns with the language regarding the City’s commitments as described in the current version of the MOU and County staff is seeking to address that language so that the City Council considers and approves an MOU that resolves those concerns.


The goal is to have an MOU that, without committing the County to accept or approve any environmental or project reviews or findings or determinations, or to accept, approve or execute any options or purchases, accurately includes and describes: Redwood City’s offer to assign the Options to the County, Redwood City’s commitment to keep the Options effective until December 27, 2010, Redwood City’s commitment to continue to cooperate and assist in the completion of the due diligence activities under the Options, and Redwood City’s commitment to timely surrender its property rights than may impact the development of the property by the County. The MOU would also include and describe the conditions for the County’s acceptance of, and reimbursement to Redwood City for, the assignment of the Options; and the conditions and amounts for the County’s reimbursement to Redwood City for the costs that Redwood City has incurred in its due diligence efforts.


Approval of this action will contribute to the Shared Vision 2025 outcome of a Collaborative Community by evidencing a mutually beneficial cooperative effort between the City of Redwood City and the County.



The execution of the MOU will not commit the County to make any payments. Any reimbursement to Redwood City would be paid only after, or at the time that, the County assumed the Options and made payment for the purchase deposit or acquired the properties.