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HomeMy WebLinkAboutCC RES 02-47RESOLUTION NO. 02-47 A RESOLUTION OF THE TUSTIN CITY COUNCIL FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REUSE AND DISPOSAL OF MCAS TUSTIN IS COMPLETE AND ADEQUATE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR CONSIDERATION AND APPROVAL OF AGREEMENTS WITH THE UNITED STATES OF AMERICA, FOR THE CONVEYANCE OF PROPERTY AND LEASING OF PORTIONS OF PROPERTY AT THE FORMER MCAS TUSTIN, AND ALL ACTIONS NECESSARY TO IMPLEMENT SUCH AGREEMENTS INCLUDING BUT NOT LIMITED TO ACCEPTANCE OF TITLE, DEEDS, BILLS OF SALE AND OTHER OBLIGATIONS NECESSARY TO AFFECT TRANSFER OF PROPERTY OR TO IMPLEMENT THE AGREMENT OR LEASES (THE "PROJECT") The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. Marine Corps Air Station (MCAS) Tustin has been determined surplus to the needs of the federal government and has been approved for disposal by the United States Department of the Navy (DON) in accordance with the Defense Base Closure and Realignment Act (DBCRA) of 1990 (10 USC 2687) and the pertinent base closure and realignment decisions of the Defense Base Closure and Realignment Commission approved by the President and accepted by Congress in 1991, 1993, and 1995; and B. The City of Tustin has been approved by the Department of Defense as the Local Redevelopment Authority (LRA) for MCAS Tustin and is responsible for preparing a Reuse Plan describing the reuse of the installation and providing recommendations to the DON for disposal of the former base to various public agencies and the homeless. The goal of base disposal and reuse is economic redevelopment and job creation to help replace the economic stimulus previously provided by the military installation. The LRA submitted the Reuse Plan for MCAS Tustin to the Department of Defense in October 1996, and an Errata amending the Reuse Plan in September 1998; and C. On January 16, 2001, the Tustin City Council certified the Joint Final Environmental Impact Statement/Environmental Impact Report (Final EIS/EIR) for the Disposal and Reuse of the Marine Corps Air Station (MCAS) Tustin (the Program Final EIS/EIR) as complete and adequate pursuant to the California Environmental Quality Act ("CEQA"). The United States Navy issued a Record of Decision on the Program Final EIS/EIR in March 2001. The Reuse Plan for MCAS Tustin examined in the Program Final EIS/EIR was for 1,606 acres; and D. In accordance with Section 15132 of the State Guidelines, and the Council on Environmental Quality Regulations (40 CFR pads 1500-1508), the Program FEIS/FEIR consists of: 1. The initial Draft EIS/EIR, revised Draft EIS/EIR, and Final EIS/EIR including Comments and Responses on the revised Draft EIS/EIR and all appendices and technical reports thereto; 2. Comments and Responses on the Final EIS/EIR; 3. Redevelopment Agency staff report to the Planning Commission dated November 28, 2000; 4. Minutes of the City of Tustin Planning Commission, dated November 28, 2000; 5. Redevelopment Agency staff report to the City Council dated January 16, 2001 including the letters submitted to the Planning Commission, a letter submitted to the Tustin City Council and the City of Tustin's written responses, and all other attachments; 6. Minutes of the Tustin City Council, dated January 16, 2001; and E. The Tustin City Council wishes to consider and approve agreements with the United States of America, acting for and through the Department of the Navy for the conveyance of property and leasing of portions of property at the former MCAS Tustin, including all actions necessary to implement the agreements including but not limited to execution of all quit claims, deeds, easements, bills of sale and other supporting documents necessary to affect the transfer and leasing of property to the City of Tustin and subsequent conveyances, leasing/licensing needed to implement the Agreements (the "Project"); and F. Pursuant to CEQA Guidelines Section 15168(c), the Tustin City Council must consider the approved Program Final EIS/EIR for the Disposal and Reuse of MCAS Tustin, prior to project approval, determine that the proposed acceptance of conveyance of property and leasing of portions of property at the former MCAS Tustin have been examined in the light of the Program Final EIR/EIS, agree that an additional environmental document is not necessary and re-certify that the Program Final EIS/EIR for the Disposal and Reuse of MCAS Tustin is complete and adequate; and G. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168, the City of Tustin has completed an Environmental Analysis Checklist For Projects With Previously Certified/Approved Environmental Documents and determined that all effects associated with the implementation of the project were evaluated in the Program Final EIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of -2.- IV. previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. II. The City Council of the City of Tustin does hereby find that the proposed project is within the scope of the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin, a Program Final EIS/EIR approved earlier and that the Program Final EIS/EIR adequately describes the proposed activities for the purposes of CEQA (CEQA Guidelines Section 15168(e) ). III. The City Council of the City of Tustin does hereby re-certify that the Program Final EIS/EIR for MCAS Tustin, in its entirety, is adequate and complete and prepared in compliance with the requirements of CEQA, NEPA, and the State Guidelines; and IV. The City Council hereby finds that the environmental effects of the proposed projects identified in the Environmental Analysis Checklist For Projects With Previously Certified/Approved Environmental Documents FEIS/FEIR have been substantially lessened in their severity by the imposition and incorporation of certain mitigation measures that have previously been adopted by the Tustin City Council. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 6th day of May, 2002. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN Jeffrey M. Thomas, Mayor PAMERLA STOKER City Clerk -:3- I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 02-47 was duly passed and adopted at a regular meeting of the Tustin City Council, held on May 6, 2002, by the following vote: COUNCILMEMBERAYES: Thomas, Worley, Bone, Doyle, Kawashima COUNCILMEMER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None STOKER CITY CLERK ccresos\02-47.doc -4-