File #: 12-793    Name: Greenfiled MOU (Yanks)
Type: General Agenda Item Status: Passed
File created: 8/21/2012 In control: Board of Supervisors
On agenda: 8/28/2012 Final action: 8/28/2012
Title: a. Approving Amendment No. 1 to the Memorandum of Understanding (MOU) A-08204 between Monterey County and the City of Greenfield modifying the terms and conditions relating to the annexation of the Yanks development project to the City of Greenfield. b. Authorizing the Chair of the Board of Supervisors to sign the Amendment No. 1.
Attachments: 1. Attachment A - Draft MOU language, 2. Attachment B - MOU A-08204, 3. Attachment C - City of Greenfield EIR Addendum, 4. Attachment D - LAFCO Reso 00-03, 5. Completed Board Order, 6. Executed MOU
Title
a. Approving Amendment No. 1 to the Memorandum of Understanding (MOU) A-08204 between Monterey County and the City of Greenfield modifying the terms and conditions relating to the annexation of the Yanks development project to the City of Greenfield.
b. Authorizing the Chair of the Board of Supervisors to sign the Amendment No. 1.
 
Body
RECOMMENDATIONS:
It is recommended that the Board of Supervisors:
a.   Approve Amendment No.1 to the Memorandum of Understanding (MOU) A-08204 between Monterey County and the City of Greenfield modifying the terms and conditions relating to the annexation of the Yanks development project to the City of Greenfield.
b.   Authorize the Chair of the Board to sign the Amendment No. 1.
 
SUMMARY/DISCUSSION:
On November 4, 1997, the County of Monterey certified an EIR and approved a Combined Development Permit (CDP) No. SH94002 for the Yanks Air Museum that includes development of a World War II and "Golden Era" aircraft museum, aircraft storage hangers, winery and  tasting room, fueling stations, hotel, free standing restaurant, fast food restaurants, retail space, amphitheater and a recreational vehicle park and caretaker's unit.  The project included placement of 306 acres into permanent agricultural easement, and conveyance of this acreage to "an appropriate non-profit conservancy or trust as designated by the Board of Supervisors"; in this case, the Ag Land Conservancy.  The County of Monterey approved two extension requests for the CDP in 2006, and 2008 with an addendum to the EIR.  Entitlements for the project were fully vested around 2010 when the County issued permits to begin development of the RV park.
 
Pursuant to Memorandum of Understanding (MOU) A-08204 between Monterey County and the City of Greenfield (Attachment B), a phased annexation schedule was established which would result in annexation of the project site to the City "no later than ten (10) years after the issuance of the first certificate of occupancy."  As Phase I construction nears completion, Monterey County, the City of Greenfield, and the Yanks' property owner recognize the utility of annexing the site earlier than anticipated; in part, to facilitate the job creation component of a grant by the State Economic Development Agency (EDA).  
 
The Board of Supervisors is asked to consider amending the terms and conditions of the MOU to authorize annexation as a whole or in phases.  Proposed language is set forth in Attachment A.  This proposed amendment recognizes several important conditions including a pending County lot line adjustment (PLN120376) application, which will separate the project site from agricultural operations along the City/County jurisdictional boundary, and lands that are under Williamson Act Contract.  Annexing the project site is required by the County CDP, the Mitigation Monitoring and Reporting Program (MMRP), and EDA's Greenfield Utilities Project Grant No. 07-01-04968, regardless of timing.  
 
As a first step, the city's sphere of influence will need to be amended by LAFCO, which previously amended the sphere to include the commercial component of the Yanks Project (see Attachment D); however, the 29 acre agricultural buffer easement area and the 24-acre airstrip are not included in the current sphere of influence.  The sphere would be amended to add 53.71 acres of the project site including the airstrip and agricultural buffer easement, but not including the agricultural easement.  The sphere amendment is required by LAFCO to implement annexation of the project site, and is consistent with the original intent of separating the Yanks project site from agricultural operations in the County.  This action also is consistent with a proposed County lot line adjustment to separate the Yanks project site from agricultural operations along the City/County jurisdictional boundary.  Neither the existing 29-acre Agricultural buffer easement nor the 306 acre permanent agricultural easement would be modified, except to remedy property description inconsistencies recorded with the Monterey County Recorders office.  
 
The City of Greenfield has assumed Lead Agency for CEQA relative to this matter.  They prepared an addendum to their General Plan EIR, and also taking into account the EIR prepared for this project (Attachment C).  
 
OTHER AGENCY INVOLVEMENT:
The City of Greenfield supports the recommended Amendment No. 1 to MOU A-08204.  
 
FINANCING:
Revenue sharing was negotiated as part of the original MOU.  This recommended action will have no added impact on the Monterey County General Fund.  This action will facilitate compliance with job creation requirements in the $3.186 million Greenfield Utilities Project grant (07-01-04-968) sponsored by Monterey County.  
 
Prepared by:      Approved by:
 
                  
Carl P. Holm, AICP      Benny J. Young
Deputy Director      Director
Resource Management Agency      Resource Management Agency
 
Attachments:
A      Draft MOU language, Amendment #1
B      MOU A-08204, 4/25/2000
C      City of Greenfield EIR Addendum
D.      LAFCO Reso 00-03, 2/28/2000