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HomeMy WebLinkAboutCC RES 02-48RESOLUTION NO. 02-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING EXECUTION OF AGREEMENTS BETVVEEN THE UNITED STATES OF AMERICA AND THE CITY OF TUSTIN FOR THE CONVEYANCE OF PORTIONS OF THE FORMER MARINE CORPS AIR STATION (MCAS) TUSTIN TO THE CITY AND LEASES IN FURTHERANCE OF CONVEYANCE FOR PORTIONS OF THE FORMER MCAS TUSTIN. The City Council of the City of Tustin finds as follows: A. The former Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of recommendations by the Federal Base Closure and Realignment Commission. B The City of Tustin has been officially designated by the Department of Defense as the Local Redevelopment Authority (LRA) responsible for MCAS Tustin. C. The City of Tustin approved a Reuse Plan in October 1996, subsequently amended by Errata in September 1998 providing for future land uses at the former MCAS Tustin. D. Pursuant to the authority provided by Section 2905(b) 4 of the Defense Base Closure and Realignment Act of 1990, as amended, and the implementing regulations of the Department of Defense, the Secretary of the Navy is authorized to convey surplus property at a closing military installation to the LRA at no cost for economic development purposes. By application dated March 5, 1999, as subsequently amended, the City prepared, negotiated and processed a "No Cost Economic Development Conveyance ("EDC") Application for portions of the former MCAS Tustin consistent with the Reuse Plan. The Department of the Navy is also authorized to assign property to federal housing agencies for public benefit use at former military bases. The City prepared and submitted a public benefit conveyance request to the Department of the Interior National Park Services under the Federal Lands to Parks Program for an approximate 24 acre community park site. The application was approved by the Department of Interior National Park Service on May 18, 1994. E. Following an extensive review, the Navy has indicated its willingness to approve a portion of the EDC Application subject to the City's approval of an agreement with the Navy for conveyance of the property and leasing of property not ready for conveyance. F. In accordance with the provisions of the National Environmental Policy Act ("NEPA") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the federal government and the City prepared a Joint Final Environmental Impact Statement/Environmental Impact Report ("Final EIS/EIR"). On January 16, 2001, the City of Tustin certified the Final EIS/EIR. The Department of the Navy subsequently issued a Record of Decision ("NEPA ROD") regarding the disposal of the former MCAS Tustin on March 2, 2001. Resolution No. 02-47 has been adopted by the City Council finding that the use of Final EIS/EIR is complete and adequate for consideration and approval of the Agreements. II. The City Council of the City of Tustin resolves as follows: A. The City Manager or his designee is authorized to execute an Agreement Between the United States of America and the City of Tustin, California for the Conveyance of a Portion of the Former Marine Corps Air Station Tustin (the "Agreement") subject to minor changes and additions to text and exhibits that may be required by the City Attorney and/or City's special counsel on MCAS Tustin matters prior to signature. The City Manager or his designee is also authorized to carry out all actions necessary to implement the Agreement including but not limited to the execution of all quitclaims, deeds, easements, bills of sale and other supporting documents necessary to affect the transfer of property to the City and any subsequent conveyance, leasing/licensing needed to implement the Agreement. B. The City Manager or his designee is authorized to execute a Lease in Furtherance of Conveyance between the United States of America and the City of Tustin for portions of the former Marine Corps Air Station Tustin part of the approved EDC Application not presently ready for conveyance and to carry out all actions necessary to implement the Lease subject to minor changes and additions that may be required by the City Attorney and City's special counsel on MCAS Tustin matters prior to signature. C, The City Manager or his designee is authorized to execute a Lease in Furtherance of Conveyance or to accept Deeds for all or any portion of the proposed Community Park identified as disposal site 22 in the MCAS Tustin Reuse Plan and to carry out all actions necessary to implement the lease subject to final review and final approval of all documents by the City Attorney and City's special counsel on MCAS Tustin matters prior to signature. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 6th day of May 2002. CITY OF TUSTIN JEFFERY M. THOMAS, Mayor 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 the 6th day of May 2002, by the following vote: COUNCILMEMBER AYES: Thomas, Worley, Bone, Doyle, Kawashima COUNCILMEMER NOES: None COUNCILMEMBER ABSTAINED: None C0UNCILMEMBER ABSENT: None PAMELA STOKER CITY CLERK RDA\CC Reso FORMAT.doc (03/29/01 )