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Home My WebLink About13 HHS SURPLUS XFER 08-04-97AGENDA Inter-Com NO. 13 8-4-97 DATE: AUGUST 4, 1997 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER REDEVELOPMENT AGENCY STAFF U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS} APPLICATION FOR PUBLIC BENEFIT TRANSFER OF SURPLUS FEDERAL REAL PROPERTY, MCAS TUSTIN RECOMMENDATION It is recommended that the City Council adopt Resolution No. 97-76, authorizing the submittal of an application for public benefit conveyance to the federal Department of Health and Human Services (HHS) for the public benefit transfer of surplus Federal real property at Marine Corps Air Station (MCAS) Tustin for use as a storm drain by the City of Tustin. FISCAL IMPACT Public benefit transfer of this additional property would allow the City to potentially obtain the land area at no cost. The application requesting the transfer of surplus property from MCAS, Tustin for public benefit should not result in a fiscal impact to the City of Tustin. Generally, such requests are automatically approved at no cost to the public agency in the interest of serving the public interest. If, for some unknown reason, I-IHS should determine that acquisition of the property should include some form of compensation; the City Council will be informed. BACKGROUND/DISCUSSION As Council is aware, Marine Corps Air Station (MCAS), Tustin is scheduled to close by July 1999. 'In compliance with federal base closure law, the Navy has concluded the process of advertising the property for future conveyance to military branches, federal .agencies, and state and local entities. In October 1996, the MCAS Tustin Base Closure Task Force approved a City Council Report I-IHS Public Benefit Conveyance Application August 4, 1997 Page 2 Reuse Plan for redevelopment ofMCAS Tustin. The Reuse Plan included a request by the City of Tustin for a public benefit conveyance of an existing 51 inch and 63 inch dirt storm drain on the southeast comer of the base adjacent to Jamboree Road (see Attachment 1). Acquisition of the channel by the City of Tustin would provide a critical link to planned storm drain improvements on the base to the Peters Canyon Channel. Following Base Closure Task Force approval, the Navy and City of Tustin must secure the support of HHS as the federal agency authorized to "sponsor" public benefit conveyances for storm drain purposes. HHS has responded to the Navy and City's inquiries by requesting the submittal of a formal application. The application verifies the City's non-profit status and substantiates the public need for the transfer. Submittal of the application requires attachment of a Resolution adopted by the City Council designating certain individuals (in this case, the City Manager and Assistant City Manager) to be authorized to execute future agreements, grant deeds, etc. for the transfer. Resolution 97-76 has been prepared for this purpose. It is extremely important for the City to continue toward securing acquisition of this integral segment of storm drain right-of-way at MCAS Tustin. Since submission of the application to the HI-IS does not obligate the City at this time but provides an opportunity for future public benefit conveyance at potentially no cost, it is recommended that the City Council adopt Resolution No. 97-76, as submitted. Dana Ogdon Senior Project Manager CCREPORThhhs.do Manag,-r. ' Christine A. Sh~ Attachments: Resolution No. 97-76 Map RESOLUTION NO. 97-76 5 6 7 8 9 10 11 12 13 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION PUBLIC BENEFIT CONVEYANCE TO THE FEDERAL DEPARTMENT OF HEALTH AND'HUMAN SERVICES FOR PROPERTY AT CLOSING MCAS TUSTIN The City Council of the City of Tustin does hereby resolve as follows. WHEREAS, certain real property owned by the United States, located in the County of Orange, State of California, has been declared surplus and is subject to assignment for disposal for public health purposes by the Secretary of Health and Human Services under the provisions o ~_~he Federal Property and Admini ..... f S~ction 203 (k) (1) ~Lra5lve services Act of ±949, as amended, and rules and regulations promulgated pursuant thereto, more particularly described as follows: WHEREAS, the City of Tustin needs and can utilize.said property for public health purposes in accordance with the requirements of said Act and the rules and regulations promulgated thereunder of which this City Council is fully informed,..including commitments regarding use and time such use shall commence. 16 17 18: 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED, that the City of Tustin shall make application to the Secretary of Health and Human Services for, and secure the transfer ' ~ntl?ned property for said use .... ._ to_it, .of the-above- ' u~on ana suoject to such excepEions, reservations, terms, covenants, agreementS, conditions, and restrictions as the Sec . Human Services, or hi~/m ......... · retary of Health and i ~ ~ 1 r~c ~n ~ ~ ~ne ~ ~ ~onr ~ ~ =~he ~~~ If r~ %%n~ ~ ~'un ~ ~ ~ hereto, and s and regulations issued pursuant BE IT FURTHER RESOLVED, that the City of Tustin has legal authority, is willing, and is in a position financially 'and otherwise to assume immediate care and maintenance property, and that William A. Huston, City Mana e of the Christine Aj Shi~gleton, ASsistant Ci~,, ~,__ g r, and/or authorized, ~ ~'~nager hereby zor an~ on behalf of the City of Tustin to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making, and filing of plans, applications, reports, and other documents; the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property; and the payment of any and all sums necessary on account of the purchase 1 3 4 5 6 7 8 10 11 12 13 14 15 Resolution No. 97-76 Page 2 price thereof, including fees or costs incurred in connection' with the transfer of said property for surveys, title searches, appraisals, recordation of instruments, or escrow costs, together with any payments by virtue of nonuse or deferral of use of the property. If the applicant is unable to place the property into use within the time limitations indicated' below (or determines that a deferral of use should occur), it is understood that the City of Tustin will pay to the Department for each month of nonuse beginning 12 months after the date of the deed, or 36 months where construction or major renovation is contemplated, the sum of 1/360 of the then market value for each month of nonuse. If the application is approved, a copy of the aPplication and standard deed conditions will be filed with the permanent records of the City Clerk for this item. PASSED AND ADOPTED at a regular meeting of the Tustin City council, held on the 4th day of August, 1997. ~ Thomas Jeffery · 16 17 18 19 20 21 26 ~oker, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 97-76 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City council of the City of Tustin is 5; 'that the above and foregoing Resolution No. 97-76 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 4th day of August, 1997. coUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Attachment 1 RA I L ROAO EOING£R AVl[ ~ANIA ANA/SAN1A F~ CHANNI[L ([lOJ (R~A|N} Chapter.:' Plan Oescription Sl~o-rm Drainage Facilities Plan · RCB vAL£NCIA NC, iA MAIN) WARNER PKWY &RRANCA 4ANNEL (TO R.C. CHANNEL Proposed Roodway .~ Existing Storm Droin I~oposed Storm Drain Direction o! Flow F_..~J Specific Plon Boundary [-~-"'J IrvinefTusfin Boundary * Base boundary along Ihe Santa Aha / Santa Fe Channel is along the no(th side ol the channel between Fding~ and Ihe Cl~annel. l~s is o ~,.~or~c ~-~:xese~g~,c~ o: o c~-~"~,'~te-"k~-3'r~e~'ng cor~:e~. F~n°: OeS? soe.~.ons pcx:oho'~ o~'~ s~,~d) w,s ~ I~cX)osed ~ · ocjencv w~m ium~c~o'~ PLANNING CENTER IARRANCA :HANNEL (TO REMAIN) XISTING 72' RCP 10 R£~AIN) LOCATION OF REQUESTED STORM DRAIN Not To Scale City ol Tustin MCAS Tustin Specific Plan~Reuse Plan Figure 2-10