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HomeMy WebLinkAbout17 CONVEYANCE MCAS 02-22-05AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: FEBRUARY 22,2005 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: CHRISTINE SHINGLETON, ASSISTANT CITY MANAGER SUBJECT: CONVEYANCE OF TPFA PROPERTY AT TUSTIN LEGACY TO CITY OF TUSTIN SUMMARY The Tustin Public Financing Authority (TPFA) desires to convey certain property at Tustin Legacy to the City of Tustin to facilitate economic redevelopment. RECOMMENDATION It is recommended that the Tustin City Council: 1. Adopt Resolution No. 05-41 concluding that the Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Reuse and Disposal of MCAS Tustin satisfies the requirements for CEQA for Tustin Public Financing Authority disposal of property to the City of Tustin; and, 2. Authorize the City Manager, or his designee, to execute any necessary Quitclaims of property at Tustin Legacy from the Tustin Pubic Financing Authority to the City of Tustin, as necessary to facilitate economic redevelopment in accordance with the MCAS Tustin Reuse Plan and Specific Plan and any subsequent Development and Disposition Agreements subject to approval of all quitclaim documents by the City Attorney and/or special counsel. FISCAL IMPACT No impact. Page 2 BACKGROUND On September 23, 2002 and December 18, 2002, the City of Tustin conveyed certain parcels at the former MCAS Tustin (now referred to as Tustin Legacy) to the Tustin Public Financing Authority ("the Authority") as part of the financing necessary for the issuance of revenue anticipation notes related to the Santa Ana Unified Settlement Agreement. As you know, the City of Tustin has been able to retire the revenue notes and meet all financial obligations of the Settlement Agreement. At this time, certain of the parcels conveyed to the Authority are located within the proposed Vestar Final Map 16695 recommended for approval by the Tustin City Council on February 22, 2005. Specifically, TPFA interest in lots identified in Exhibit A as Lots A, B, D, F, G, L, N, and 0 will be retained by the City for roadway purposes. TPFA interest in lots identified in Exhibit B as Lots J and I will be retained by the City for future conveyance to the Master Developer. TPFA interest lots identified in Exhibit C as Lots 16, 17, 18, 19,20 and 27 will be subsequently conveyed to Vestar in conjunction with their proposed acquisition and commercial retail development as required by Disposition and Development Agreement 04-02. In the future, subsequent parcels conveyed to the Authority will also need to be conveyed back to the City of Tustin to accommodate any transactions with the Master Developer. Pursuant to the authorization requested by this staff report, no subsequent action by the City will be necessary. ENVIRONMENTAL CLEARANCE On January 16, 2001, the Tustin City Council certified the Joint Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of the Marine Corps Air Station (MCAS) Tustin (the Program EIS/EIR). The United States Navy issued a Record of Decision on the Program EIS/EIR in March 2001. The MCAS Tustin EIS/EIR was a Program EIRIEIS, which examined development of 1606 acres. Property disposal was previously considered in the Program EIS/EIR for MCAS Tustin. Christine Shingleton Assistant City Manager RESOLUTION NO. 05-41 A RESOLUTION OF THE CITY OF TUSTIN RE- CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REUSE AND DISPOSAL OF THE FORMER MCAS TUSTIN AS COMPLETE AND ADEQUATE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE CONVEYANCE OF PROPERTY AT THE FORMER MCAS TUSTIN. I. The Tustin City Council finds as follows: A. The United States of America ("Government") and the City of Tustin entered into the 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"), dated May 13, 2002; and, B. On January 16, 2001, the Tustin City Council certified the Joint Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of the Marine Corps Air Station (MCAS) Tustin (the Program EIS/EIR). The United States Navy issued a Record of Decision on the Program EIS/EIR in March 2001. The MCAS Tustin EIS/EIR was a Program EIRIEIS, which examined development of 1606 acres. Property disposal was previously considered in the Program EIS/EIR for MCAS Tustin; and, C. Pursuant to the Agreement, the Government conveyed property at the Marine Corps Air Station, Tustin to the City of Tustin on May 13, 2002; and, D. On September 23,2002 and December 18, 2002, certain parcels of the Government conveyed property were quitclaimed by the City of Tustin to the Tustin Public Financing Authority; and, E. The Tustin Public Financing Authority now desires to convey and City of Tustin desires to reacquire certain parcels at the site to facilitate economic redevelopment in accordance with the Reuse Plan for MCAS Tustin. F. Pursuant to CEQA Guidelines Section 15168(c), the Tustin City Council must consider the approved Final EIS/EIR for the Disposal and Reuse of MCAS Tustin, prior to project approval, determine that the proposed acceptance of conveyance of property at the former MCAS Tustin has been examined in the light of the Program EIR, agree that an additional environmental document is not necessary and re-certify that the FEIS/FEIR for the Disposal and Reuse of MCAS Tustin is complete and adequate; and Resolution No. 05-41 February 22, 2005 Page 2 G. An Environmental Analysis Checklist was prepared to evaluate the potential impacts associated with the Project The Environmental Analysis Checklist demonstrates that all potential impacts of the Project were addressed by the certified FEIS/EIR; that no additional impacts have been identified; and, that all applicable mitigation measures identified in the FEIS/EIR will be implemented through the Mitigation, Monitoring and Reporting Program approved by the Tustin City Council. II. The Tustin City Council resolves that the Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Reuse and Disposal of MCAS Tustin satisfies the requirements for CEQA for Tustin Public Financing Authority conveyance of the proposed Quitclaim of property to the City of Tustin. PASSED, APPROVED AND ADOPTED at a regular meeting of the Tustin City Council held on the 22nd day of February, 2005. LOU BONE MAYOR PAMELA STOKER City Clerk STATE OF CALIFORNIA) ORANGE COUNTY ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the Tustin City Council, California, do hereby certify that the whole number of the members of the Tustin City Council is five; that the above and forgoing Resolution No. 05-41 was duly passed and adopted at a regular meeting of the Tustin City Council, held on February 22, 2005, by the following vote: BOARD MEMBER AYES: BOARD MEMBER NOES: BOARD MEMBER ABSTAINED: BOARD MEMBER ABSENT: PAMELA STOKER CITY CLERK ROA\CC financingcityenviron.doc Exhibit "A" Lots A, B, D, F, G, L, N, and 0 as shown on Tract Map 16695, in the City of Tustin, recorded in miscellaneous record maps of Orange County, California. EXHIBIT "B" Lots J and I as shown on Tract Map 16695, in the City of Tustin, recorded in miscellaneous record maps of Orange County, California. EXHIBIT "C" Lots 16, 17, 18, 19, 20 and 27 as shown on Tract Map 16695, in the City of Tustin, recorded in miscellaneous record maps of Orange County, California.