HomeMy WebLinkAbout07 REUSE AUTH MCAS 08-19-96NO. 7
lnter-Com
'8-19-96
DATE:
AUGUST 19, 1996
TO:
FROM:
WILLIAM A. HUSTON, CITY MANAGER
CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER/O~
SUBJEC~ AGREEMENT BETWEEN IRVINE UNIFIED SCHOOL DISTRICT AND CITY OF
TUSTIN, AS THE LOCAL REUSE AUTHORITY FOR MCAS, TUSTIN
RECOMMENDATI'ON
It is recommended that the City Council approve an agreement
between the City of Tustin and the irvine Unified School District
regarding transfer of a school site and other mitigation measures.
FISCAL IMPACTS
There are no financial impacts on the General fund.
BACKGROUND/DISCUSSION
The National Defense Authorization Act of Fiscal Year 1994 and the
Base Closure community Redevelopment and Homeless Assistance Act of
1994 (the "Acts") identify a community based reuse screening
process for identifying state, county and local agency interests on
property at MCAS, Tustin.
After the required outreach and solicitation of notices of
interest, the MCAS-Tustin Base Closure Task Force at a meeting on
January 9, 1996 recommended that a number .of agencies and
interested parties receive property under the Acts. Federal law
and regulation allow for public benefit conveyances of surplus
property at partial or full discount from fair market value subject
to final approval by the federal Department of Defense and the
Department of Education. It was recommended by the Task Force that
the Irvine Unified School District ("the District") receive 20
acres of vacant land in the vicinity of Harvard and Barranca
City Council Report
Irvine Unified School District Agreement
August 19, 1996
Page 2
Parkway in the city of Irvine, as conceptually shown on Exhibit A.
The land would be utilized as a kindergarten through eighth grade
(K-8) school. The City of Irvine has indicated its support of the
proposal.
The Task Forces' recommended action on the District's request was
conditional upon the City, as the Local Reuse Authority, entering
into an agreement with the District. Attached for the City
Council's approval is a signed agreement from the District.
A particular concern to the Task Force was the issue of the
potential imposition of a Mello Roos Community Facilities District
(CFD) within portions of the District on the base. The District
has agreed not to impose a CFD District based on a request from two
members of their legislative body or a land owner petition.
However, they believe that they should be given the opportunity to
pursue a CFD where there is registered voter support for this
school financing technique. In the event the District decides to
utilize a voter registration petition process to create a CFD, they
have agreed that such a petition would not be acted upon unless
there is a minimum of 100 registered voters on the Base to be
included within the proposed CFD for each of the 90 days proceeding
the close of any protest hearing, and that no petition would be
submitted until entitlements are approved for 50% of the units
within the District boundaries on the Base. The District has also
agreed that for any established CFD, they would not impose a levy,
impact fee or special tax which will result in the total special
tax on individual property exceeding one half of one percent (5%)
of assessed valuation. '
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EXHIBIT A
MCAS TUSTIN
RE-USE SPECIFIC 'PLAN
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Irvine Unified School
District 20 Acre
School 'Site
AGREEMENT BETWEEN CITY OF TUSTIN AND
IRVINE UNIFIED SCHOOL DISTRICT REGARDING~
TRANSFER OF SCHOOL SITE AND OTHER MITIGATION MEASURES
This Agreement is made and entered into by and between the City of Tustin, a
municipal corporation (hereinafter "City"), the Local Redevelopment Authority ("hereinafter
"LRA"), and the Irvine Unified School District (hereinafter "District").
RECITALS
1.. The United States Department of Defense ("DOD") has determined to close
Marine Corps Air Station-Tustin ("MCAS-Tustin").
2. MCAS-Tustin is mainly located within the City of Tustin, with the exception of
approximately 80 acres which are located in the City of Irvine. See Exhibit "A" site map of
attached hereto.
3. The City of Tustin, which is the federally approved Local Redevelopment
Authority (LRA), chairs the MCAS-Tustin Reuse Task Force ("Task Force") and is responsible
for preparation of a reuse plan, and joint environmental impact statement/environmental impact
report (EIR/EIS) for consideration by the DOD, the LRA and the cities of Tustin and Irvine
in ultimately determining the appropriate disposition of real property at MCAS-Tustin.
4. . A goal of the Task Force and the City is to have a balanced land use plan that
is economically viable and does not impose such financial burdens on private development that
the desired land uses are never, or only partially developed. In addition, because of the need
to rebuild much of the infrastructure at MCAS-Tustin, and the resultant need for new revenues
to finance such construction, it is desirable to have as much of the real property at MCAS-
Tustin as possible, rem~n on the tax rolls and not be given over to pUblic, tax-exempt uses.
5. As part of the federal base closure and reuse process, local agencies," such as the
District have the opportunity to request from the LRA a public'benefit conveyance of property
which would require final approval by DOD and the federal agency sponsoring the public
conveyance request. In such process, great weight is given to the LR~'s views on such
transfers.
6. The District wishes to acquire twenty (20) acres of MCAS-Tustin at the
northwest corner of Barranca and Harvard within the City of Irvine for a K-8 elementary
school, and desires the support of the LRA for such transfer. District and City agree the Eand
Use Plan under consideration will generate enough new students to warrant and justify the need
for an additional K-8 elementary school for the District.
7. The City and LRA are agreeable to supporting such transfer and implementing
other actions, as described herein, as part of a package of measures to mitigate the impacts of
the base reuse on the District, providing District agrees that such measures satisfy the District's
.claims from the city of Tustin, LRA or City of Irvine for environmental mitigation.
8. District acknowledges that the State Legislature has determined .that: :'the subject
of the financing of school facilities with development fees is a matter of statewide concern,"
and "For this reason the Legislature hereby occupies the subject matter of mandatory
development fees and other development requirements for school facilities finance to the
exclusion of all local measures on the subject."
9. The District acknowledges that in agreeing to the transfer and other mitigation
measUres, the City and LRA is providing consideration that it is' not otherwise required or
obligated to provide, and that in exchange for such consideration, the District understands that
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it will curtail its rights to challenge the City of Tustin's, LRA's or City of Irvine's land use
approvals as provided herein.
NOW, THEREFORE, in consideration of the Recitals stated above,-and the promises
and mutual covenants herein, the parties agree as follows:
AGREEMENT
1. LRA's Obligations
LRA shall:
A. Support the transfer of approximately twenty (20) acres at no cost
to the District for purposes of a K-8 elementary school site;
B. Include a mitigation measure in the EIS/EIR requiring the
C,
payment of school fees on development projects in MCAS,Tustin
in the amounts allowed by state law;
Support the receipt by the IUSD of their share of tax increment
pursuant to Section 33607.5 of California Community
-Redevelopment Law, in the event a Redevelopment Project Area
is created for MCAS, Tustin.
Do.
Support the District's use of other alternative financing techniques
(other than the use of assessment districts which establish a
Community Facilities District (CFD) under the Mello-Roos Act
within the MCAS-Tustin Project boundaries and which is based
on a request from two members of the legislative body or which
utilizes a land owner petition within the proposed CFD
boundary). Other reasonable methods of accommodating new
school students generated from development within the MCAS,
Tustin project including the use of temporary classrooms,
certificates of participation, general obligation bonds, or state
funding of school facilities shall also be supported.
, E. Cooperate and encourage the City of Irvine to support Items A,
B, C, and D above.
2. District's Obligations
· A. District shall not challenge, comment on, or oppose, nor shall it
fund or in any wa~ assist any other person or entity to challenge, comment on, or oppose, to
or before any local, state, or federal agency, or file or maintain any actions or proceedings to
set aside, enjoins challenge, appeal, or otherwise pursue any legal, equitable, or administrative'
remedies regarding the approval or implementation of any proposals, applications, approvals
or permits (including any ~¢lated environmental documentation or creation of Redevelopment
Project Areas) relating to MCAS-Tustin, or regarding any propo.sed, approved, or existing uses
in MCAS-Tustin which projects or uses are consistent with the land use plan approved by the
LP~ or cities of Tustin or Irvine.
B. In the event that District makes any written comments, or engages
in any written communications, with any local, state, or federal agency (inc!uding the City of
Irvine). regarding the approval or implementation of any future development proposals,.
applications, 'approvals or permits (including any related environmental documentation) relating
to MCAS-Tustin, or any proposed, approved, or existing uses in MCAS-Tustin, regardless of
whether any such projects or uses are consistent or inconsistent with the land use plan
approved by the LRA or cities of Tustin or Irvine, District shall immediately provide complete
copies of such written comments or communications to the City and LRA.
C. The District agrees that the site location and configuration of the 20-
acre school site shall be consistent with the LRA's identified concept approval but the size of
the transfer is approximated only and actual metes and bounds shall be determined by the
Department of Defense or other Federal agency prior to transfer in consultation with the LRA.
D. Prior to transfer of the property by the Federal government and prior
to any interim or permanent reuse of requested facilities or sites, the District agrees to enter
into an agreement with and acceptable to the LRA and the Cities of Tustin or Irvine, as
appropriate. The purpose of the agreement is to: 1) identify the planning goals of the agency
receiving property and the City or LRA for the site; 2) identify the scope and schedule for
short range improvements and long range development plans for the property; 3) establish a
process for meaningful consultation on development and operational issues of mutual concern;
4) identify capital infrastructure improvements, roadway and existing utility and new Utility
right of way and easement dedications (as needed) and environmental impact report mitigation
that will be required of the Agency receiving property, 5).identify necessary procedures to
implement the agreement, and 6) the District shall also affirm its commitment to return any
property not used for the slated purpose directly to the LRA, in the case of property transferred
as an Economic Development' Conveyance (EDC). ,
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E. The District agrees that no direct vehicular access to the school site
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along Barranca Parkway will be authorized.
F. The proposed school shall be fully implemented by IUSD by the later
of either 5 years from transfer of the property or when building permits are issued for 80% of
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the new units being proposed, in the Reuse Plan within District boundaries, unless, a shorter
period is mandated by the federal sponsoring agency. The District understands that the
underlying land use designation of the Reuse Plan would allow an alternative hind use to occur
without 'an amendment to the Reuse/Specific Plan should the District not move forward with
their plans 'to utilize the property within an agreed upon time frame.
G. The District agrees not to establish a Mello-Roos CFD On properties
within the School District boundaries located within the MCAS-Tustin project which utilizes
a written request from two members of the legislative body or a land owner petition process
ex.cept that the City of Irvine may agree to authorize such formation only within the
approximate 80 acres at MCAS-Tustin within their boundaries. The District also agrees that
the only petition process they .would utilize in establishment of a CFD would be a petition of
10% of the registered voters residing within the proposed CFD District, provided that the
School District also agrees that any registered voter petition for establishment of a CFD that
would affect the MCAS-Tustin Project would not be acted on unless there was a minimum of
100 registered voters within the boundaries of the base to be included within the proposed CFD
for each of the 90 days preceding the close of any protest hearing, and until entitlements-are
approved for 50% of the units being proposed in the MCAS-Tustin Reuse Plan within Irvine
Unified School District boundaries. The District also agrees that for any established CFD, they
will not impose a levy, impact fee, exaction, assessment or special tax which will result in the
total special tax on individual properties exceeding one half of one percent (.5%) of assessed
valuation.
3. Governing Law: Construction of Agreement
This Agreement and the rights and obligations of the parties, shall be governed by and
interpreted in accordance with the laws of the State of California and its Constitution. The
provisions of this Agreement and the exhibit hereto shall be construed as a whole according
to their common meaning and not strictly for or against any party and consistent with the
prOvisions hereof, in order to achieVe the objectives and purposes of the'partie.s hereunder. The
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captions preceding the text of each section, and the table of contents, are included only for
convenience of reference and shall be disregarded in the construction and interpretation of this'
Agreement.
4. Actions Challenging Agreement
The parties heret° shall use their best efforts to defend themselves in any action brought'
by any other person or entity seeking to attack, annul, set aside, rescind, or otherwise invalidate
this Agreement, or any term, provisions, covenant or condition hereof.
5. Severability.
If any term, provisionl covenant or Condition of this Agreement shall be determined
invalid, void or unenforceable by judgment or court order, the remainder of this Agreement
shall remain in full force and effect, unless enforcement of this Agreement as so invalidated
would be unreasonable or grossly inequitable under the circumstances or would frustrate the
purposes of this Agreement.
6. Entire Agreement
This Agreement and the exhibit attached hereto contains all the representations and the
entire agreement between the parties with respect to the subject matter hereof. Except as
otherwise specified in this Agreement, and the exhibit hereto, any prior~ correspondence,
memoranda, agreements, warranties, or representations are superseded in total by this
Agreement and exhibits hereto.
7. Attorney's Fees
In the event of any dispute, claim, or litigation based upon, arising out of, or relating
to, the breach, enforcement or interpretation of any of the provisions of this Agreement, the
prevailing party in such dispute, claim, or litigation shall be entitled to recover its attorneys'
fees, costs and expenses, which are reasqnably incurred, from the nonprevailing party.
8. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date and
year first above written.
CITY OF TUSTIN, LOCAL REUSE
AUTHORITY FOR MCAS, TUSTIN
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey
City Attorney
IRVINE ~~IFIED SCHOOL DISTRICT ·
C"
BY~eputy. Supe - te dent, Business Services
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