Successor Agency Long Range Property Management Plan Long Range - - PowerPoint PPT Presentation

Successor Agency

Long Range Property Management Plan Long Range Property Management Plan

W k h Workshop February 11, 2014

Purpose of this Workshop Purpose of this Workshop

Focus on Fort Ord Properties Focus on Fort Ord Properties id d il d i f i b li d Provide detailed information about policy and habitat documents

Dissolution Act

All Redevelopment Agencies were dissolved in 2012 Properties and assets owned by the former RDA Properties and assets owned by the former RDA transferred to the Successor Agency All properties must be disposed of

Section 34167 of the Health and Safety Code

“This part is intended to preserve, to the maximum extent possible the revenues and assets of redevelopment agencies so possible, the revenues and assets of redevelopment agencies so that those assets and revenues that are not needed to pay for enforceable obligations may be used by local governments to f d t l i i l di li d fi fund core governmental services including police and fire protection services and schools. It is the intent of the Legislature that redevelopment activities take no actions that would further deplete the corpus of the agencies’ funds regardless of their

• riginal source. All provisions of this part shall be construed as

broadly as possible to support this intent and to restrict the broadly as possible to support this intent and to restrict the expenditure of funds to the fullest extent possible.”

Section 34177(e) of the Health and Safety Code

“The disposal [of assets and properties] is to be done expeditiously and in a manner aimed at maximizing value ” expeditiously and in a manner aimed at maximizing value.

Section 34181 of the Health and Safety Code Section 34181 of the Health and Safety Code

“The oversight board shall direct the successor agency to do all f h f ll i

• f the following:

(a) Dispose of all assets and properties of the former redevelopment agency; provided, however that the oversight board may instead direct the successor agency to transfer

• wnership of those assets that were constructed and used for a

p governmental purpose, such as roads, school buildings, parks, police and fire stations, libraries, and local agency administrative buildings to the appropriate public jurisdiction pursuant to any buildings, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. “

Section 34171 of the Health and Safety Code Section 34171 of the Health and Safety Code

defines “Enforceable Obligation” to include the following:

• Bonds
• Bonds
• Loans
• Payments
• Judgments or settlements
• Legally binding and enforceable agreement that is not otherwise void as

violating the debt limit or public policy; provided such agreements can be / terminated by the successor agency and/or oversight board

• Contracts or agreements necessary for the administration or operation of

the successor agency

• Amounts borrowed from the Low and moderate Income Housing Fund
• Agreements between redevelopment agency and underlying jurisdiction

(e.g. County RDA and County) are not “enforceable obligations” unless entered into within 2 years of creation of agency (not project area).

Policies Governing Land Use and Property Di l F F O d Disposal on Former Fort Ord

1997 Fort Ord Base Reuse Plan 1997 Fort Ord Base Reuse Plan ⁻ Habitat Management Plan Implementation Agreement, 2001 p g ⁻ Adopted 2001, Amended 2009 ⁻ 50% of land sale proceeds go to FORA BOS Resolution 06‐243 authorizing conveyance of certain lands directly to Redevelopment Agency Deeds of Transfer from FORA to Redevelopment Agency Deeds of Transfer from FORA to Redevelopment Agency Habitat Conservation Plan ⁻ 3rd Admin Draft 2012 3 Admin Draft 2012

Landfill Border Parcels

Deeds

E8a.1.2 (21.22 ac) & E8a.1.3 (2.68 ac) ‐ 9/5/2006 E8a.1.4 (30.32 ac) & E8a.1.5 (21.55 ac) ‐ 7/26/2007 ( ) / / E8a.1.1.2 (85.21 ac) ‐ 7/26/2007

– Requires that current and future owners comply with the Base Reuse Requires that current and future owners comply with the Base Reuse Plan and FORA policies and programs – Requires that current and future owners comply with the HMP

FORA Base Reuse Plan FORA Base Reuse Plan

Chapter 3, Framework for the Reuse Plan Chapter 3.3, Land Use Concept: Ultimate Development Plan d M i l d Fi 3 3 1 L d U C Ul i and Map, includes Figure 3.3‐1, Land Use Concept Ultimate

• Development. This map shows the general location of

proposed land uses in the Landfill Parcel designated “Habitat Management” and “Planned Development Mixed Use District”

Chapter 3.4 Land Use Designations and L d R Land Resources:

Planned Development Mixed: allows such uses as residential, commercial, office, civic, parks, transit, and entertainment in a mixed use format Habitat Management: applies to open space land identified in the HMP as critical. Allows habitat restoration and education, passive , p recreation, and infrastructure. Open Space/Recreation: applies to park land that will be publicly Open Space/Recreation: applies to park land that will be publicly

• wned. Allows such uses as habitat management, active and passive

parks, commercial recreation, educational facilities and a limited amount of supporting commercial. pp g

Chapter 3.10, County of Monterey Planning Areas and Districts Areas and Districts

Section 3.10.2 CSUMB/Recreational Planning Area Comprised of the 340 acre Landfill and 88 acres reserved for a combination of habitat protection and recreational uses north combination of habitat protection and recreational uses north and south of Intergarrison. Landfill: 141 acres for park and opens space, 142 acres of habitat protection, 50 acres in the southwest corner for

• ffice/R&D development by UC
• ffice/R&D development by UC.

Habitat Management Plan

(adopted in 1996) (adopted in 1996) Chapter 4, Habitat Management for Disposal and Reuse:

• “Development with Reserve Areas or Development with Restrictions” ‐

Development parcels with habitat within them requiring that the habitat areas be managed in accordance with the HMP.

• Resource Conservation Requirements – Landfill Parcel – 227 acres to be

managed as habitat and 81 acres can be developed.

Appendix A, Agreement for the Revised Habitat Management Plan:

• Paragraph (b): UC or FORA will manage 75% of the landfill parcel as habitat
• Paragraph (b): UC or FORA will manage 75% of the landfill parcel as habitat.

The remaining 25% is available for development. Fi 5 11 R i d HMP “L dfill P l t b d b UC FORA f

• Figure 5‐11 Revised HMP: “Landfill Parcel to be managed by UC or FORA for

75% habitat and 25% Development”

DTSC Land Use Covenant DTSC Land Use Covenant

• Covenant to Restrict Use of Property – Environmental Restriction. Recorded

2009 between the State Dept of Toxic Substances Control (DTSC) and the 2009 between the State Dept of Toxic Substances Control (DTSC) and the Redevelopment Agency of the County of Monterey.

• Covenant imposed by DTSC because of documented presence of methane

in soil and volatile organic compounds (VOCs) in groundwater emanating so a d o a e o ga c co pou ds ( O s) g ou d a e e a a g from the landfill.

• Applies to property owned by Agency within the “1,000‐foot landfill

buffer zone” (approx 128 acres). bu e

• e

(app o 8 ac es).

• Restricts certain types of development within the buffer zone:

– No homes – No schools – No day care facilities – No hospitals – Building foundations to be designed to vent gases from the soil, install methane d i l d id l i i d i i DTSC detection alarms, and provide annual inspection and monitoring reports to DTSC.

DTSC Land Use Covenant

1 000’ Landfill “Buffer” 1,000 Landfill Buffer

Draft Habitat Conservation Plan

( d d) (not yet adopted) 308 acres in Landfill are designated as “Habitat Management Areas” B d l d ( dj t t HMA ) C t i L dfill i Borderland (areas adjacent to HMAs) Categories – Landfill is “Type 2” “Allowable Uses” – 81 acres “Allowable Development”, 226 acres “Preserved for Habitat Management”; and .5 f “R d C id d I f ” acre for “Road Corridors and Infrastructure”

East Garrison II Parcels

Deed

Deed Recorded 5/25/2010 L23.3.2.2 (63.67 ac) L23.3.3.1 (57.65 ac) ( ) L23.3.3.2 (31.62 ac)

• Property owner must include HMP provisions in any transfer or lease
• Property owner must include HMP provisions in any transfer or lease
• Parcels are subject to the HMP Borderland requirements
• Property owner must implement all HMP requirements
• Property cannot be transferred or assigned without prior consent by the

USFWS

• The property is subject to specific management responsibilities by USFWS
• Habitat management responsibilities cannot be transferred without the

consent of the USFWS

FORA Base Reuse Plan FORA Base Reuse Plan

Chapter 3.4 Land Use Designations and Land Resources: Chapter 3.4 Land Use Designations and Land Resources: Planned Development Mixed: allows such uses as p residential, commercial, office, civic, parks, transit, and entertainment in a mixed use format

Chapter 3.6, Conservation, Open Space, and Recreation Concept contains the following figures: Concept, contains the following figures:

• Figure 3.6‐1, Regional Open Space System, shows the East Garrison II

l t id th BRP i l t parcels are outside the BRP regional open space system.

• Figure 3.6‐2, Habitat Management Plan, shows the East Garrison II parcels

“ ” designated “Development with Reserve or Restrictions”

• Figure 3.6‐3, Open Space & Recreation Framework, shows the East

Garrison 11 parcels designated “Other Public Open Space – Recreation Oriented”.

• The discussion of “Other Public Open Space/Recreation‐Oriented

Lands” on p.135 describes such intended uses on a number of parcels within the former Fort Ord, but does NOT discuss the area in which the East Garrison II parcels are located. The land use designation shown on Figure 3.6‐3 appears to be in conflict with that shown on Figures 3.6‐1 and 3.6‐2.

Chapter 3.10, County of Monterey Planning Areas and Districts contains: Districts, contains:

• Fig. 3.10‐1 County Planning Areas, shows the East Garrison II parcels to be

included in the East Garrison District of the Reservation Road Planning included in the East Garrison District of the Reservation Road Planning Area.

• Section 3.10.3, Reservation Road Planning Area

East Garrison District: The East Garrison District area is designated as a “Planned l d ” h l f l Development Mixed Use District.” The District is a total of approximately 751 acres. The HMP, however, limits development at the East Garrison to 200 acres. The remaining lands will be reserved in habitat management. Th R Pl id f f d h The Reuse Plan provides for a range of uses to accommodate then‐ competing visions for the development of this District, and indicates the land use objectives would be defined when the development plan for this district is determined This determination took place with approval of the district is determined. This determination took place with approval of the Parker Flat Land‐Use Swap Agreement in 2002.

Habitat Management Plan g

Chapter 4, Habitat Management for Disposal and Reuse:

“Development with Reserve Areas or Development with Restrictions” ‐ Development parcels with habitat within them requiring that the habitat areas be managed in accordance with the HMP. Resource Conservation Requirements – East Garrison Polygon – 200 Resource Conservation Requirements East Garrison Polygon 200 acres can be developed and the remainder must be managed as habitat reserve. Appendix A, Agreement for the Revised Habitat Management Plan – Figure 5‐11 Revised Habitat management Plan designates East Garrison II properties as “Development with Reserve Areas”. Garrison II properties as Development with Reserve Areas .

Land Swap Agreement Land Swap Agreement

MOU entered into between BLM, the Army, FORA, MPC and , y, , the County in 2003 ’ Intended to relocate MPC’s safety training facility from East Garrison to Parker Flats It also amended the HMP by moving habitat reserve from East Garrison to Parker Flats (removed habitat restrictions on 210 acres in East Garrison)

Draft Habitat Conservation Plan

Figure 3‐2: East Garrison II parcels designated “Borderland Parcels”. Portions of edges of parcels have Category 1 and Category 2 borderland designations designations.

Category 1: Equivalent to Borderlands as Defined in HMP This category follows the Borderlands designation included in the HMP, as revised g y g , through the East Garrison–Parker Flats land use modifications. The designation applies to development parcels…adjoining habitat areas in the…East Garrison areas that are currently undeveloped… The design and management requirements presented in Chapter 5 apply to all Borderlands parcels in this category… p p pp y p g y Category 2: Designated Development Parcels at Urban/Wildland Interface This category expands the HMP Borderlands definition to include other designated d l l h dj d i d H A h d l d development parcels that are adjacent to designated HMAs. These are undeveloped

• r partially developed parcels that abut the…Youth Camp… Most of the Category 2

Borderlands abut relatively small and isolated habitat areas that already have existing developed areas along other sections of their perimeters…

Next Steps Next Steps

Successor Agency provides specific direction to staff related to Successor Agency provides specific direction to staff related to proposed disposition of each property – February 11th Staff prepared a Draft LRPMP with proposed disposition Staff prepared a Draft LRPMP with proposed disposition

• ption – Early March

Successor Agency Approves LRPMP Late March Successor Agency Approves LRPMP – Late March Oversight Board approves LRPMP – Early April

• Staff submits LRPMP to DoF by April