Successor Agency Long Range Property Management Plan Long Range Property Management Plan W Workshop k h February 11, 2014
Purpose of this Workshop Purpose of this Workshop � Focus on Fort Ord Properties Focus on Fort Ord Properties � Provide detailed information about policy and id d il d i f i b li d 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 fund core governmental services including police and fire f d t l i i l di li d fi 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 original 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 of the following: f h f ll i (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 ownership 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 Disposal on Former Fort Ord l F F O d � 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 ⁻ 3 rd 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 and Map , includes Figure 3.3 ‐ 1, Land Use Concept Ultimate d M i l d Fi 3 3 1 L d U C Ul i 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 Land Resources: d R � 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 owned. 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 office/R&D development by UC office/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. � Figure 5 ‐ 11 Revised HMP: “ Landfill Parcel to be managed by UC or FORA for d HMP “ L Fi 5 11 R i dfill P l t b d b UC FORA f 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 o 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 – detection alarms, and provide annual inspection and monitoring reports to DTSC. d i l d id l i i d i i DTSC
DTSC Land Use Covenant 1 000 ’ Landfill “ Buffer ” 1,000 Landfill Buffer
Draft Habitat Conservation Plan (not yet adopted) ( d d) � 308 acres in Landfill are designated as “ Habitat Management Areas ” � Borderland (areas adjacent to HMAs) Categories – Landfill is B d l d ( dj t t HMA ) C t i L dfill i “ Type 2 ” � “ Allowable Uses ” – 81 acres “ Allowable Development ” , 226 acres “ Preserved for Habitat Management ” ; and .5 acre for “ Road Corridors and Infrastructure ” “ R ” f d C id d I f
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
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