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Julys, 2011
Ms. Christine Shingleton
Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, California 92780
Re: Urgency Ordinance, Agenda Item 2
Dear Ms. Shingleton:
We have been meeting with you and other City staff regularly to discuss future development plans
for ATEP and to exchange information on mutual issues that affect our respective interests in
Tustin Legacy. We have found these meetings to be productive. One item that we have not
discussed, and therefore we were unaware of until Friday, July 1, 2011, is the City's intention to
adopt an urgency ordinance to require the execution of a development agreement in order to obtain
City approval of projects at Tustin Legacy. We note that the City states in its staff report that the
urgency ordinance would not apply to any public agency developing public uses. We believe it is
the City's intention to exempt the South Orange County Community College District's ("SOCCCD")
property and development from this urgency ordinance. However, the language the City proposes
to accomplish this objective is not entirely consistent with the scope of the uses that are permitted
to be developed at ATEP pursuant to the existing Conveyance Agreement between the City and
SOCCCD. Therefore, we request that the City clarify its intention that a development agreement is
not required in order to develop or use SOCCCD's property as currently permitted under the
existing Conveyance Agreement Please provide a copy of this letter to your City Council before
they consider the urgency ordinance so that the Council may confirm this as part of their action.
We are pleased that the City views development agreements as necessary and appropriate in order
to facilitate development within Tustin Legacy. We look forward to negotiating a development
agreement with the City in conjunction with the amendment to the Conveyance Agreement that we
are currently negotiating. We look forward to our next meeting and continuing to work with you
and your staff on the development of the ATEP Campus.
Very truly yours,
David Bu a Ph.D.
g ye
Vice Chancellor
cc: William Huston, Interim City Manager
Elizabeth Binsack, Director of Community Development
City Council Members
BOARD OF TRUSTEES: THOMAS A. FUENTES. WILLIAM O. JAY, DAVID B. LANG, FRANK M. MELDAU,
MARCIA MILCHIKER, NANCY M. PADBERG, T.J. PRENDERGAST, III GARY L. POERTNER, CHANCELLOR
AN EQUAL OPPORTUNITY EMPLOYER