Title
Adopt a Resolution to waive the County's right to receive title to certain property in the Fort Ord Master Plan area that is proposed as a site for a state Veterans Cemetery and direct the Fort Ord Reuse Authority (FORA) to transfer the property directly to the State of California subject to certain conditions.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a Resolution to waive the County's right to receive title to certain property in the Fort Ord Master Plan area that is proposed as a site for a state Veterans Cemetery and direct the Fort Ord Reuse Authority (FORA) to transfer the property directly to the State of California subject to certain conditions (Attachment A).
SUMMARY/DISCUSSION:
Within the 1997 Fort Ord Base Reuse Plan (BRP) as well as both County and City of Seaside General Plans, approximately 178 acres of land are designated as a possible site for a veterans cemetery. These lands are located partially within the unincorporated Monterey County (84.7 acres) and partially within the City of Seaside (93.3 acres). The draft California Central Coast Veterans Cemetery Fort Ord Development Master Plan shows approximately 78.7 acres of this area as cemetery burial area.
Each of the local jurisdictions with lands in the former Fort Ord area is party to an Implementation Agreement between the jurisdiction and the Fort Ord Reuse Authority (FORA). This agreement requires an agency to accept land from FORA once FORA has completed remediation to an agreed condition and transferred the land to the jurisdiction, unless the jurisdiction directs FORA to transfer property directly to a third party.
The offices of Congressman Sam Farr and State Senator Bill Monning have expressed the need for the state to hold title to the cemetery burial area in the City of Seaside (31.1 acres) and the County of Monterey (47.6 acres) in order to qualify for federal grant funding. To further pursue its grant application, the state has requested to receive tender of title to the cemetery area (approximately 78.7 acres) by April 1, 2013. As requested, the proposed action before the Board is for County to waive its right to receive title to the portion of the proposed cemetery burial area that is within the unincorporated area of the County and direct FORA to transfer the property directly to the State. It is presumed that the City of Seaside would do the same. As proposed, County's waiver is subject to the state agreeing to perform all required environmental review before making a decision whether to approve the use of the property for a veterans cemetery and also subject to the state agreeing to convey the property to the County, or such other entity as the County may identify or direct, if a veterans cemetery on the property is not funded, approved, and constructed.
OTHER AGENCY INVOLVEMENT:
County staff and County Counsel have consulted with staff and counsel from FORA, City of Seaside, and the state regarding transfer of title to the state. Offices of Congressman Sam Farr and State Senator Bill Monning have expressed the desire to assist however possible for the State to receive tender of title by April 1, 2013. Letters were submitted by US Congressman Sam Farr, State Senator Bill Monning, and State Assembly member Mark Stone requesting Monterey County to transfer the portion of the Veterans Cemetery designated for burials (Attachment B).
FINANCING:
The recommended action has no direct financial impact to the General Fund. Required staff efforts for managing Fort Ord related matters are part of the work program included in the approved budget for the RMA Admin Unit 8222, RMA013.
Prepared by: Carl P. Holm, AICP, Deputy Director
Approved by: Benny J. Young, Director
cc: Front Counter Copy; FORA (M. Houlemard, S. Endsley, J. Garcia); City of Seaside (D. Ingersol); Congressman Farr; Senator Monning; Assemblyman Stone
Attachments:
Attachment A - Resolution and legal description
Attachment B - Letters (Farr, Monning, Stone)