Agenda Fremont Successor Agency Meeting May 14, :00 PM

Transcription

1 City Council Chambers 3300 Capitol Avenue Fremont, CA Agenda Fremont Successor Agency Meeting May 14, :00 PM 1. Call to Order 2. Consent Calendar 3. Public Communications A. Oral and Written Communications 4. Staff Reports A. LONG-RANGE PROPERTY MANAGEMENT PLAN - To Consider Adoption of a Resolution Approving a Long-Range Property Management Plan for Three Successor Agency-Owned Properties Contact Persons: Name: Jennifer Brame Jeff Schwob Title: Management Analyst Director Dept: Community Development Community Development Phone: JBrame@fremont.gov jschwob@fremont.gov RECOMMENDATION: 1. Open public hearing; and 2. Find that the Successor Agency, as the responsible agency under CEQA and as successor-in-interest to the former Redevelopment Agency Board previously made the CEQA findings (Resolution dated March 2, 2010; CEQA Findings) related to the Environmental Impact Report prepared for the Redevelopment Plan., 3. Independently reconfirm, make, approve, and adopt the CEQA Findings as its own findings pursuant to CEQA; 4. Find that none of the conditions related to the proposed disposition and use of the three properties in the Long-Range Property Management Plan have changed from that evaluated in the EIR and the CEQA Findings, and that no further CEQA analysis is required pursuant to CEQA Guideline 15162; and 5. Approve the Long Range Property Management Plan. 5. Adjournment

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3 4.A Fremont Successor Agency Meeting: 05/14/13 07:00 PM Div/Dept: Community Development, Category: Property Acquisitions & Dispositions SCHEDULED Sponsors: STAFF REPORT (ID # 1683) DOC ID: 1683 LONG-RANGE PROPERTY MANAGEMENT PLAN - To Consider Adoption of a Resolution Approving a Long-Range Property Management Plan for Three Successor Agency-Owned Properties Contact Persons: Name: Jennifer Brame Jeff Schwob Title: Management Analyst Director Div/Dept: Community Development Community Development Phone: JBrame@fremont.gov jschwob@fremont.gov Executive Summary: In accordance with the requirements of Health and Safety Code Section , staff has prepared the attached Long-Range Property Management Plan (LRPMP) (Enclosure 1). Preparation of the LRPMP is one of the few remaining requirements for the Successor Agency to complete in order to unwind the former Redevelopment Agency (RDA). Staff recommends the Successor Agency approve the Long-Range Property Management Plan. BACKGROUND: The former RDA was dissolved on February 1, 2012, pursuant to ABx1 26 (as amended by AB 1484). These Redevelopment Dissolution Statutes govern the dissolution of the Former RDA, which includes the disposition of its former real property. At the time of its dissolution, the Former RDA owned three parcels of real property, which are the subject of and are fully described in the LRPMP. Pursuant to the Redevelopment Dissolution Statutes, ownership of these properties transferred on February 1, 2012, to the Successor Agency. The Successor Agency received its Finding of Completion from the State Department of Finance (DOF) on March 29, Pursuant to Health and Safety Code section , within six months after receiving a Finding of Completion from the DOF, the Successor Agency is required to submit for approval to the Oversight Board and the DOF a Long-Range Property Management Plan (LRPMP) that addresses the disposition and use of the real properties of the former redevelopment agency. DISCUSSION/ANALYSIS: The three properties transferred to the Successor Agency consist of the following: 1) the 0.11-acre Old Haller s Site remainder located in Centerville at the southwest corner of Central Avenue and Fremont Boulevard; 2) the 3.14-acre Union Pacific remainder in Niles located directly southeast of Niles Town Plaza; and 3) the 6.9-acre Centerville Unified Site generally located southeast of the Thornton Avenue/Fremont Boulevard intersection. The LRPMP includes a number of maps and photographs that visually depict each property. The LRPMP is organized to provide specific information for each property, as required by Health and Safety Code Section This organization generally includes two parts, as follows: Page 1 Packet Pg. 3

4 4.A Staff Report (ID # 1683) Meeting of May 14, 2013 Part 1 Property Inventory: The property inventory provides specific information related to each property s acquisition date, cost and purpose, parcel information, its current value, contractual requirements, environmental contamination/remediation, its potential for transit-oriented development and advancement of planning objectives, and its development proposal history and activity; and Part 2 Property Disposition and Use: The disposition and use discussion identifies how the Successor Agency intends to dispose of and use each property, where this use was planned for in the Redevelopment Plan and General Plan, the principles/guidelines to be followed to dispose of and develop each property, the anticipated timing of disposition/development, and an estimate of property and sales tax revenue once developed as planned for in the LRPMP. The following table summarizes the planned use of each property, as follows: Property 1. Remainder of Old Haller s Site 2. Remainder of Union Pacific Site 3. Centerville Unified Site Planned Disposition/Use Consistent with Redevelopment Plan Property to be combined with three other parcels to develop 27 multifamily condominium units (approved as P , Crown Court Planned District) Property to be developed with a mixed use project. Develop with a mixed use, multi-family and retail project Status Entitled for development in 2010 as Planned District P Known as Crown Court. No activity since entitlement. Rezoned in 2011 to Planned District P (HOD). Referred to as Niles Central Planned District. Remediation completed in No development entitlement or activity has occurred. Entitled for development in 2005 as Planned District P for 110 apartments over 58,000 square feet of retail, but project was determined to be financially infeasible to develop. Successor Agency entered into an Exclusive Right to Negotiate Agreement with CenterStreet Development/Blake-Hunt Ventures to re-entitle the project with about 184 apartments and 28,641 square feet of retail. Remediation is in process and is anticipated to be concluded within two years. The LRPMP demonstrates how each of the three properties is needed to implement projects identified in the Redevelopment Plan and related planning documents, and how the uses detailed in the LRPMP and summarized above will achieve goals, objectives and policies of the Redevelopment Plan and the City s General Plan. For these reasons, under the Redevelopment Dissolution Statutes, the three properties are eligible for transfer to the City for disposition and use in accordance with the LRPMP. Following Successor Agency action on the LRPMP, the Oversight Board to the Successor Agency is scheduled to also act on the LRPMP at its May 15, 2013 meeting. If both the Updated: 5/9/ :11 AM by Susan Gauthier Page 2 Packet Pg. 4

5 4.A Staff Report (ID # 1683) Meeting of May 14, 2013 Successor Agency and Oversight Board approve the LRPMP, then staff will forward it to the State Department of Finance (DOF) for its approval. Upon approval of the LRPMP by the DOF, the three properties will transfer from the Successor Agency to the City for disposal as planned for in the LRPMP, as noted above. FISCAL IMPACT: Preparation of the LRPMP was funded by RDA unwind monies approved for this purpose in the Successor Agency budget approved by both the Oversight Board and the DOF. If the DOF approves the LRPMP, net proceeds from the sale of the three properties will be used to fund projects identified in the Redevelopment Plan, such as streetscape, public parking, and grade crossing improvements. Once the LRPMP is approved, the Successor Agency will be one step closer to being able to dissolve. Upon dissolution, all taxing entities, including the City, will receive their full share of property taxes. ENVIRONMENTAL REVIEW: On March 2, 2010, both the City Council and the former RDA Board certified an Environmental Impact Report (EIR) for the Redevelopment Plan. As part of this process, findings were adopted, pursuant to the California Environmental Quality Act (CEQA), referred to as CEQA Findings. The CEQA Findings are attached as Enclosure 3 (i.e., Resolution ). The EIR identified potential impacts in 12 topical areas, including the following: Aesthetics, Population and Housing; Air Quality; Climate Change; Biological Resources; Cultural and Historic Resources; Hazards and Hazardous Materials; Drainage and Water Quality; Land Use; Noise; Public Services and Utilities; and Transportation. As part of the analysis, mitigation measures were identified and included in the mitigation monitoring and reporting plan to reduce potential impacts to a less-than-significant level. However, not all potentially significant environmental effects could be reduced to a less-than-significant level. The EIR identified 13 potentially significant and unavoidable impacts related to the following: Transportation; Cultural and Historic Resources; Water Supply; Noise; Regional Air Quality; and Green House Gas Emissions/Climate Change. The City Council and the RDA Board adopted a statement of overriding consideration for these potentially significant and unavoidable impacts, finding that the numerous economic, social, environmental, and other benefits of the Redevelopment Plan were greater than its impacts (see Enclosure 3, page A-102). Because the disposition and use of each property in the LRPMP is consistent with that planned for in the Redevelopment Plan and evaluated in its certified EIR, and because the conditions analyzed in the EIR have not changed, no subsequent environmental analysis is required for actions consistent with the project evaluated in the EIR. CEQA Guideline specifies that when an EIR has been certified for a project, as with the Redevelopment Plan, no subsequent EIR is required when it is determined that no substantial changes to the project or its circumstances have occurred, and there is no new information of importance that was not previously known. As a result, staff requests that the Successor Agency find that the CEQA Findings (Enclosure 3) are still valid, and then independently reconfirm and make, approve, and readopt the CEQA Findings as its own findings, pursuant to CEQA. Updated: 5/9/ :11 AM by Susan Gauthier Page 3 Packet Pg. 5

6 4.A Staff Report (ID # 1683) Meeting of May 14, 2013 ATTACHMENTS: Draft Resolution- Long-Range Property Management Plan Link to Long Range Property Management Plan - RECOMMENDATION: 1. Open public hearing; and 2. Find that the Successor Agency, as the responsible agency under CEQA and as successor-in-interest to the former Redevelopment Agency Board previously made the CEQA findings (Resolution dated March 2, 2010; CEQA Findings) related to the Environmental Impact Report prepared for the Redevelopment Plan., 3. Independently reconfirm, make, approve, and adopt the CEQA Findings as its own findings pursuant to CEQA; 4. Find that none of the conditions related to the proposed disposition and use of the three properties in the Long-Range Property Management Plan have changed from that evaluated in the EIR and the CEQA Findings, and that no further CEQA analysis is required pursuant to CEQA Guideline 15162; and 5. Approve the Long Range Property Management Plan. Updated: 5/9/ :11 AM by Susan Gauthier Page 4 Packet Pg. 6

7 4.A.a DRAFT RESOLUTION NO. SA-2013-X A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF FREMONT APPROVING A LONG-RANGE PROPERTY MANAGEMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION WHEREAS, pursuant to ABx1 26 enacted in June 2011 (as amended by AB 1484 enacted in June 2012, the "Dissolution Law"), the Redevelopment Agency of the City of Fremont (the "Dissolved RDA") was dissolved as of February 1, 2012, and the City of Fremont, acting in a separate limited capacity and known as the Successor Agency of the Redevelopment Agency of the City of Fremont, has elected to serve as the successor agency (the "Successor Agency") of the Dissolved RDA; and WHEREAS, pursuant to Health and Safety Code Section 34173(g), as added by the Dissolution Law, the Successor Agency is a separate legal entity from the City of Fremont (the "City"); and WHEREAS, the City Council (the "City Council") of the City serves in a separate capacity as the governing board of the Successor Agency; and WHEREAS, the Successor Agency is charged with paying the enforceable obligations, disposing of the properties and other assets, and unwinding the affairs of the Dissolved RDA; and WHEREAS, an oversight board for the Successor Agency (the "Oversight Board") has been formed and is functioning in accordance with Health and Safety Code Section 34179; and WHEREAS, by Ordinance No dated March 16, 2010, the City Council adopted the Consolidated Amended and Restated Redevelopment Plan For The Fremont Merged Redevelopment Project (Including Irvington, Niles, Centerville and Industrial Area (the "Redevelopment Plan") for the Fremont Merged Redevelopment Project Area (the "Project Area"), which Redevelopment Plan was being implemented by the Dissolved RDA up until its dissolution; and WHEREAS, the real property and specified other assets of the Dissolved RDA were transferred to the ownership and control of the Successor Agency as of February 1, 2012 pursuant to Health and Safety Code Section 34175(b), including the following three parcels of real property (collectively, the "Properties") within the Project Area and subject to the Redevelopment Plan: 1. An approximately 0.11-acre property located at Fremont Boulevard within the Centerville area of the Project Area; Attachment: Draft Resolution- Long-Range Property Management Plan (1683 : Long-Range Property Management Plan) Page 1 of 4 Packet Pg. 7

8 4.A.a 2. An approximately 3.14-acre property located at Niles Boulevard, generally easterly of I Street and behind 37682, and Niles Boulevard in the Niles area of the Project Area; and 3. An approximately 6.90-acre property located at 37070, 37120, 37156, 37196, 37218, Fremont Boulevard within the Centerville area of the Project Area; and WHEREAS, the Properties were acquired by the Dissolved RDA for redevelopment with uses consistent with, and for projects identified in, the Redevelopment Plan; and WHEREAS, on March 29, 2013, the Successor Agency received a "Finding of Completion" from the California Department of Finance (the "DOF") pursuant to Health and Safety Code Section , confirming that the Successor Agency had made specified required payments under the Dissolution Law; and WHEREAS, pursuant to Health and Safety Code Section (b), the Successor Agency is now entitled to and must prepare and submit a Long-Range Property Management Plan (the "PMP") to the Oversight Board and the DOF no later than six months following the issuance by the DOF of the Finding of Completion; and WHEREAS, in accordance with Health and Safety Code Section , the Successor Agency has prepared a PMP, a copy of which is on file with the Successor Agency Secretary; and WHEREAS, the PMP provides for the disposition and use of the Properties in a manner consistent with and to implement projects identified in the Redevelopment Plan (including, in some circumstances, for recognized governmental purposes under the Dissolution Law); and WHEREAS, because of such proposed disposition and use, the PMP further calls for the transfer of the Properties to the City for disposition and use in accordance with the Redevelopment Plan and the PMP, upon approval of the PMP by the Oversight Board and the DOF, all as authorized by Health and Safety Code Section (c)(2)(A); and WHEREAS, in connection with adoption of the Redevelopment Plan and to comply with the requirements of the California Environmental Quality Act and the implementing state and local guidelines (collectively, "CEQA"), the City Council and the Board of the Dissolved RDA (as predecessor to the Successor Agency) considered, certified and made findings (the "CEQA Findings", including adopting the required mitigation monitoring program, as fully set forth in concurrent City Council and Dissolved RDA Resolutions and 411, respectively, dated March 2, 2010) related to the Environmental Impact Report (the "EIR") prepared for the Redevelopment Plan; and WHEREAS, because the proposed disposition and use of the Properties called for in the PMP is consistent with the projects and programs under the Redevelopment Plan evaluated in the EIR and the CEQA Findings, and because none of the conditions requiring further CEQA documentation pursuant to State CEQA Guidelines Section have occurred, the EIR and Attachment: Draft Resolution- Long-Range Property Management Plan (1683 : Long-Range Property Management Plan) Page 2 of 4 Packet Pg. 8

9 4.A.a the CEQA Findings may serve as the CEQA documentation for consideration of approval of this Resolution and the PMP, and the subsequent implementation of the PMP, as further set forth below; and WHEREAS, the staff report (the "Staff Report") accompanying this Resolution contains additional information and analysis upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency hereby finds that the above Recitals are true and correct, and together with the Staff Report and other information provided by the Successor Agency staff and the public, form the basis for the findings and actions set forth in this Resolution. BE IT FURTHER RESOLVED that the Successor Agency, as a "responsible agency" under CEQA and as successor-in-interest to the Dissolved RDA Board that previously made the CEQA Findings, hereby independently reconfirms and makes, approves, and adopts the CEQA Findings as its own findings required pursuant to CEQA in connection with this Resolution and the actions set forth in this Resolution. The CEQA Findings are hereby incorporated in this Resolution as if set forth in full herein. BE IT FURTHER RESOLVED that the Successor Agency hereby finds that none of the conditions described in State CEQA Guidelines Section have occurred that would require preparation of a subsequent CEQA document, so that the EIR and the CEQA Findings have served as the CEQA documentation for consideration of approval of this Resolution and the actions set forth in this Resolution. BE IT FURTHER RESOLVED that the Successor Agency Executive Director, or the Executive Director's designee, is hereby authorized and directed to file appropriate notice with respect to this Resolution and the actions set forth in this Resolution in accordance with the applicable provisions of CEQA. BE IT FURTHER RESOLVED that the Successor Agency hereby approves the PMP in the form on file with the Successor Agency Secretary. BE IT FURTHER RESOLVED that the Successor Agency Executive Director, or the Executive Director's designee, is hereby authorized and directed to submit the PMP to the Oversight Board and the DOF for approval in accordance with Health and Safety Code Section (b). BE IT FURTHER RESOLVED that, upon approval of the PMP by the Oversight Board and the DOF, the Successor Agency authorizes and directs the Successor Agency Executive Director, or the Executive Director's designee, acting on behalf of the Successor Agency, to dispose and use the Properties and any disposition proceeds in accordance with the PMP and to take any action and execute any documents as may be necessary to implement the disposition and use of the Properties and any disposition proceeds in accordance with the terms approved in the PMP and this Resolution. Attachment: Draft Resolution- Long-Range Property Management Plan (1683 : Long-Range Property Management Plan) Page 3 of 4 Packet Pg. 9

10 4.A.a BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption. ADOPTED,, 2013 by the governing board of the Successor Agency of the Redevelopment Agency of the City of Fremont, a separate legal entity, by the following vote, to wit: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Successor Agency Secretary Successor Agency Chair APPROVED AS TO FORM: Successor Agency Counsel Attachment: Draft Resolution- Long-Range Property Management Plan (1683 : Long-Range Property Management Plan) Page 4 of 4 Packet Pg. 10