HomeMy WebLinkAbout12 MOU FIRE HOUSE MCAS 03-21-05
AGENDA REPORT
Agenda Item 12
Reviewed: ~-
City Manager
Finance Director ~
MEETING DATE:
MARCH 21, 2005
TO:
WilLIAM A. HUSTON, CITY MANAGER
FROM:
CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER
SUBJECT:
MEMORANDUM OF UNDERSTANDING FOR NEW FIRE STATION AT
TUSTIN lEGACY
SUMMARY:
City Council approval is requested of a Memoradum of Understanding (MOU) with the
Orange County Fire Authority (OCFA) for a new fire station at Tustin legacy.
RECOMMENDATION:
Authorize the City Manager to execute the attached MOU by and between the City of
Tustin and the OCFA for a new fire station at Tustin legacy, subject to any minor, non-
substantive changes as may be necessary as determined by the City Attorney based on
proposed action by the OCFA Board.
FISCAL IMPACT:
There is no direct fiscal impact at this time related to the approval of the MOU. While
there are a number of general principles identified in the MOU that will impact a future
Project Implementation Agreement, the Project Implementation Agreement will be
brought to the City Council in the future identifying specific project milestones, schedule
commitments, key responsibilities and specific financial obligations.
BACKGROUND:
In May 2002, the Department of the Navy approved an Economic Development
Conveyance of property at MCAS Tustin with the City and agreed to convey certain
property to the City in accordance with the Conveyance Agreement. This includes a
1.25 acre portion of Reuse Plan Disposal parcel 24 for use as a fire station (located at
the northwest corner of Edinger and the future West Connector adjacent to Marble
Mountain Partners' approved Tentative Tract 16581). Out of concern for fire response
times, it has been determined to replace the current Fire Station 37 within the City with
a new fire station at Tustin legacy with firefighting personnel, equipment, and
manpower needs continuing to be addressed under provisions of the Joint Powers
Page 2
Agreement creating the Orange County Fire Authority, as amended, and the Tustin Fire
Services and Emergency Medical Services Agreement, as amended.
The purpose of the MOU is to identify general terms and principles for providing the new
fire station at Tustin Legacy and related improvements, for the maintenance of such
land and improvement and the construction of the fire station. Provisions of the MOU
generally identify the following certain principles that would then be included in a future
Program Implementation Agreement, including but not limited to the following:
1. The City will make available under a 1.25 acre parcel of land for a new fire station.
The new fire station, upon completion, will replace the current Station 37 at 14901
Redhill Avenue. The lease will provide for a rental payment of one dollar per annum,
and shall require OCFA to operate, maintain, and repair the fire station.
2. The total cost for the new fire station is not anticipated to exceed 3.2 miilion dollars in
2004, adjusted for the time of construction.
3. The City may implement fee programs or other funding mechanisms such as a
community facility district to finance the design and construction of the station with the
City of Irvine cooperating in requiring payment of a fee to Tustin toward the construction
of the station and other backbone infrastructure (entitlement conditions on development
of parcels within Irvine at the former MCAS Tustin).
4. Subject to acceptable funding by private development at Tustin Legacy and the
Irvine developments at the former MCAS Tustin, the City will assume design and
construction of a fire station of approximately 8,500 square feet. Relocation of the
station would not proceed until a funding commitment is obtained and completion of
certain Tustin Legacy Backbone Infrastructure as specifically identified in the MOU.
5. The OCFA will provide support services to Tustin during the design and construction
phases of the project and agree to work with the City to achieve the most efficient
design and construction costs for the project.
6. The MOU will be followed by development of a detailed Project Implementation
Agreement.
~~
Christine A. Shingle
Assistant City Manager
(Final) 03/07/05
MEMORANDUM OF UNDERSTANDING
FOR
A NEW FIRE STATION AT TUSTIN LEGACY
THIS MEMORANDUM OF UNDERSTANDING (MOU) by and between the City of
Tustin (the "City"), a general law city and municipal corporation in the State of California
and the Orange County Fire Authority ("OCFA"), a joint powers authority, duly organized
under the laws of the State of California, sets forth those fundamental terms and
principles that have been agreed upon during meetings between the parties regarding
the development of a new fire station to serve the former Marine Corps Air Station-
Tustin ("MCAS Tustin"). The City and OCFA may be sometimes referred to in this MOU
individually as a "Party" and collectively as the "Parties"
The parties agree on the following~
1. Subiect and Purpose of MOU.
1.1 Backaround Reaardina MCAS Tustin.
1.1.1 Pursuant to the Defense Base Closure and Realignment
Act of 1990, (Part A ofTitle XXIX of Public Law 101-510; 10 U.S.C.
Section 2687 Note), as amended (the "Base Closure Law") the Federal
Government determined to close the MCAS Tustin located in the City of Tustin
and City of Irvine. In 1992, the City was designated as the Lead Agency or
Local Redevelopment Authority for preparation of a reuse plan for MCAS
Tustin in order to facilitate the closure of MCAS Tustin and its reuse in
furtherance of the economic development of the City and surrounding region.
The MCAS Tustin Reuse Plan developed in accordance with this procedure
was adopted by the City Council of the City of Tustin (the "City Council") on
October 17,1996 and amended in September, 1998 (the "Reuse Plan").
1.1.2 A Final Joint Environmental Impact
Statement/Environmental Impact Report for the Disposal and Reuse of MCAS
Tustin (the "Final EIS/EIR") and Mitigation Monitoring and Reporting Program
for the Final EIS/EIR were adopted by the City on January 16, 2001 along with
a General Plan Amendment that included a portion of the former MCAS Tustin.
In March 2001, a Record of Decision was issued by the Department of the
Navy ("Navy") approving the Final EIS/EIR and the Reuse Plan. Within written
authority granted by the City of Irvine, the City of Tustin acted as the Lead
Agency on the Final EIS/EIR as it relates to that portion of the former MCAS
Tustin located within the boundaries of the City of Irvine.
1.1.3 In May 2002, the Navy approved an Economic
Development Conveyance of Property at MCAS Tustin with the City and
agreed to convey 1153 acres of MCAS Tustin to the City (the "Conveyance
Agreement"). On May 13, 2002, a total of 977 acres were conveyed by the
(Final) 03107105
Navy to the City by Federal Deed, in accordance with the provisions of the
Conveyance Agreement. This included a 1.25 acre portion of Reuse Plan
Disposal Parcel 24 for use as a fire station, located generally adjacent to
Edinger Avenue and the future West Connector. The portion of Reuse Plan
Disposal Parcel 24 set aside for the fire station is legally identified as Parcel 1-
H-6. The portion of MCAS Tustin located within the City of Tustin is referred to
in this Agreement as "Tustin Legacy."
1.1.4 On February 3, 2003, the City approved and adopted the
MCAS Tustin Specific Plan (the "Specific Plan") by Ordinance No. 1257 setting
forth the zoning and entitlement framework for future development of Tustin
Legacy. The Specific Plan conforms to and implements the Reuse Plan and
the General Plan. Tustin Legacy is also located within the MCAS Tustin
Redevelopment Project Area. The City of Irvine is responsible for amending
its General Plan and Zoning Ordinance to accommodate future development
on that portion of the former MCAS Tustin located within the City of Irvine.
1.2 Backaround on OCFA Service.
1.2.1 OCFA provides fire protection and medical aid services
within the incorporated boundaries of Tustin in accordance with a Fire
Services Agreement (cash contract) dated July 13,1995, a Tustin Fire
Services and Emergency Medical Services Agreement dated July 27, 2000,
and the Joint Powers Agreement creating the Orange County Fire Authority
approved by the Tustin City Council on February 1, 1995, amended as
approved by the Tustin City Council on February 27, 1997 and on September
23, 1999 (hereinafter collectively referred to as the "JPA"). The Joint Powers
Authority was also approved by the City of Irvine. Under the provisions of the
JPA, OCFA will receive Structural Fire Fund ("SFF") revenues generated from
that portion of the former MCAS Tustin within the City of Irvine.
1.2.2 The Final EIS/EIR indicated that existing fire stations
located in the Cities of Irvine and Tustin would meet the fire emergency
service demands of the proposed development of the former MCAS.
Sometime after certification of the Final EIS/EIR, the OCFA re-examined the
proposed reuse of the former MCAS Tustin. Out of concern for fire response
times, which are currently compromised by distance in the area, it has been
determined to replace the current Fire Station 37 within the City with a new fire
station. Firefighting personnel, equipment, and manpower needs will continue
to be addressed under provisions of the JPA and Tustin Fire Services and
Emergency Medical Services Agreement.
1.3 Purpose of MOU.
The purpose of this MOU is (a) to implement the Reuse Plan, in accordance
with the terms and conditions set forth therein and in the Conveyance Agreement for
the former MCAS Tustin; b) to identify terms and principles for providing a new fire
(Final) 03/07/05
station and certain related improvements, for the maintenance of such land and
improvement and the construction of the fire station.
2. General Terms and Principles.
2.1 The City agrees to; (a) make available under a no cost lease a 1.25 acre
parcel of land for a new fire station (the "Property" also identified as Parcell-H-6,
which is legally described on Exhibit A, and is located within Planning Area 5 of the
Specific Plan); (b) to coordinate with the City of Irvine, and with developers at the
former MCAS Tustin to provide funding for construction of the fire station in
conformance with City and OCFA standards. The total cost for the fire station shall
not exceed 3.2 million dollars in 2004 dollars, excluding land. The City of Tustin may
implement fee programs or other funding mechanisms such as community facilities
districts to finance the design and construction of the fire station. The City of Irvine
has agreed to cooperate with the City of Tustin to finance the design and construction
of the fire station and has placed entitlement conditions on the developer of parcels
within the City of Irvine located at the former MCAS Tustin ("Irvine Developer")
requiring payment of a fee to Tustin toward the construction of the fire station and
other Tustin Legacy backbone infrastructure. The Irvine Developer has agreed that
there is an essential nexus between the need for a new fire station/other backbone
infrastructure, and the proposed Irvine fee and their development of parcels located
at the former MCAS Tustin.
2.2 Subject to acceptable funding by private development of Tustin Legacy
and the Irvine Developer through community facilities districts, development fees or
other funding mechanisms, the City will assume responsibilities for the design and
construction of the fire station in conformity with plans and specifications approved by
both the City and OCFA. City may assign design and construction responsibilities to
a private development entity; at its discretion provided that City shall retain
supervisory control over said entity. The City will retain ownership of the Property and
of the new station. The City will construct or cause to have constructed the fire
station comprising approximately 8,500 square feet in accordance with the OCFA
Fire Station Design Guidelines subject to provisions of Section 2.3 herein, the
Specific Plan, and all other provisions of the Tustin City Code. The Property will be
used only for operation of the fire station and associated OCFA uses normally
associated with a fire station.
2.3. OCFA agrees to provide the following services: (a) support services from
OCFA Support Services, Property Management Section for review and consultation
on the design and construction of the fire station at no cost; (b) construction
monitoring and project coordination by OCFA Support Services, Property
Management Section and the Project Manager assigned to the project which cost will
be reimbursed by the project in the same manner in which the City will recover costs
for similar services; (c) OCFA shall have an advisory role to the City on issues
relating to implementation of the design and construction of the fire station; and (d)
OCFA will assist City who will coordinate the procurement process and preparation of
the specifications of the fire station. Consistent with Article VI of the amended Joint
(Final) 03/07/05
Powers Agreement, design and construction of the fire station shall meet reasonable
standards and specifications prescribed by the OCFA. OCFA has acknowledged and
agreed that the Property including location, size and configuration has been already
approved by OCFA
2.4. OCFA and City agree that there is a need for the Property and a new fire
station to replace the current Fire Station 37 at 14901 Redhill Avenue (which is
currently an Engine Company). Upon completion of the Tustin Ranch Road
interchange at Edinger over the Southern California Regional Rail Authority Right-of-
Way, the Tustin Ranch Road extension north to Walnut Avenue and the Tustin Ranch
Road extension south to Valencia in conjunction with development of the former
MCAS Tustin, the infrastructure for the fire station relocation will be available and the
fire station will be relocated as soon as reasonably feasible, subject to provisions of
Section 3 and 6, herein. Upon completion of a new fire station at the former MCAS
Tustin, the Engine Company at Fire Station 37 shall be moved to the new station at
the former MCAS Tustin. The Engine Company will continue to be considered as part
of OCFA's automotive fleet for purposes of maintenance, rotation and replacements
as was the case of the Engine Company at Fire Station 37 subject to provisions of
the Tustin Fire Services and Emergency Medical Services Agreement. Upon
relocation of the Engine Company at Fire Station 37 to the new fire station, the Lease
Agreement between the City of Tustin and the County of Orange for use of Fire
Station 37, to which OCFA is the successor in interest, shall be deemed terminated.
2.5 Prior to relocation of the Engine Company at Fire Station 37, OCFA shall
execute a lease for the Property (the "Lease") and for the fire station promptly upon
satisfactory completion of construction of the new fire station. Provisions of the lease
agreement for OCFA's use of the fire station shall provide for a rental payment of one
dollar ($1.00) per annum, and shall require OCFA to assume responsibility for
operation, maintenance, and repair of the fire station during the term of the Lease, in
accordance with the terms and conditions outlined in the Tustin Fire Services and
Emergency Medical Services Agreement dated July 27, 2000 and the amended Joint
Powers Agreement. In addition, in the event that the City terminates its Agreement
with the OCFA for fire services and emergency medical services and ceases to be a
member of the OCFA, the Lease shall provide for termination of the Lease and return
by OCFA of the Property and all equipment, and any and all improvements, fixtures
and furnishings on the Property in accordance with the Tustin Fire Services and
Emergency Medical Services Agreement dated July 27, 2000, and Article VI of the
JPA.
2.6 Subject to the provisions of Section 2.2 and 2.4 herein, City and OCFA,
shall mutually agree upon a schedule for the design and construction of the fire
station. OCFA shall not withhold approval for, or issuance of, building permits, plan
checks and/or certificates of occupancy for development at the former MCAS Tustin
either in the City of Tustin or the City of Irvine on the basis of the need for a new fire
station. OCFA and City, in their respective roles, agree to seek the most efficient
design and construction costs for the project within reasonable standards and
specifications as prescribed by OCFA at the time of the project.
(Final) 03/07/05
2.7 Upon the effective date of this Memorandum of Understanding, OCFA will
schedule a project-scoping meeting involving appropriate staff from City and OCFA.
The desired goal of the project-scoping meeting shall be to identify proposed project
milestones, prepare a preliminary schedule acceptable to all parties, and identify key
responsibilities for the development of a Project Implementation Agreement all in
accordance with this MOU.
The Parties agree that this Memorandum of Understanding will be considered effective
as of the last signature date below.
(SIGNATURE PAGE FOLLOWS)
(Final) 03/07/05
CITY OF TUSTIN
DATED:
By:
William Huston
City Manager
Approved as to form
By:
Lois Jeffrey
City Attorney
Attest:
By:
Pamela Stoker
City Clerk
ORANGE COUNTY FIRE AUTHORITY
DATED:
By:
Chip Prather
Fire Chief
Approved as to form
By:
Terry Andrus
Fire Authority Attorney
Attachment: EXHIBIT "A"
EXHIBIT "A'
IPSOMAS
Legal Description
Exhibit "A"
Parcel I-H-5
(Portion of Reuse Plan Disposition Site 24)
In the City of Tustin, County of Orange, State of California, being that portion of Lot 70 in
Block 46 ofl1"Vine's Subdivision as shown on the map filed in Book 1, Page 88 of
Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through
4
39 inclusive, of Records of SUl"Vey, all of records of said County, described as follows:
For the purpose of this description the following Control Line is hereby established:
Control Line "A"
10
Beginning at the intersection ofthe centerline of Red Hill Avenue with the centerline of
Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue
II
having a bearing of North 40°38'29" East between Valencia Avenue ¡md Edinger Avenue;
thence South 49°20'07" East 106.23 feet to the beginning of a curve concave southwesterly
12
13
having a radius of 1400.04 feet; thence southeasterly along said CUl"Ve 134.49 feet through a
central angle of 5°30' 14"; thence South 43°49'53" East 101.77 feet to the beginning of a
14
15
cUl"Ve concave northeasterly having a radius of 1400.04 feet; thence southeasterly along
said curve 134.40 feet through a central angle of5°30'01"; thence South 49°19'54" East
16
17
586.96 feet to the beginning of a curve concave northeasterly having a radius of 1400.04
feet; thenee southeasterly and easterly along said CUl"Ve 733.69 feet through a central angle
18
19
of 30°01 '33"; thence
South 79°21 '27" East 1357.63 feet to the beginning of a curve concave southwesterly
20
21
having a radius of 1400.04 feet; thence easterly and southeasterly along said curve 733.34
feet through a central angle of30000' 42"; thence South 49°20' 45" East 766.61 feet to a
22
Page 1 of3
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PSOMAS
Legal Description
Exhibit "A"
Parcel I-H-S
(Portion of Reuse Plan Disposition Site 24)
point hereinafter refen-ed to as Point "E", said point heing the intersection of Control Line
"E" and said Control Line "A".
4
Control line "E"
Begimling at the hereinabove described Point "E"; thence Nolih 40°39' 15" East
7 1.1278.34 feet to the begiIming of a curve concave northwesterly having a radius of
1400.04 feet; thence northeasterly 285.50 feet along said curve through a central angle of
'I
11°41'02"; thence North 28°58'13" East 453.89 feet to the begÜming ofa curve concave
9
10
southeasterly having a radius of 1400.04 feet; thence northeasterly 285.50 feet along said
II curve through a central angle of 11°41 '02"; thence North 40°39'15" East 216.25 feet to a
12 I point on the centerline of Edinger Avenue, said point lies South 49°20'45" East
13 2933.94 feet from the northwesterly tenninus of that certain course shown as
14
"NOlih 49°20'45" West 5409.24 feet" in said centerline of Edinger Avenue as shown on
said record of survey.
15
16
17
Parcel I-H-5
18
Begim1ing at the intersection of the centerline of Edinger Avenue with Control Line "E",
thc centerline of Edinger Avenue Bears North 49°20'45" West as shown on said Record of
19
20
Survey; thence South 40°39'15" West 88.00 feet along said Control Line "E" to a line that
is parallel with and 88.00 feet southwesterly of said centerline of Edinger A venue; thence
21
22
NOlih 49°20'45" West 71.98 feet to the TRUE POINT OF BEGINNING; thence
23
24
continuing North 49°20'45" West 201.15 feet; thence leaving said parallel line South
40°29'47" West 240.60 feet; thence South 49°20'44" East 230.85 feet to the beginning of a
Page 2 0[3
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PS OMAS
Legal Description
Exhibit "A"
Parcel I-H-5
(Portion of Reuse Plan Disposition Site 24)
2
non-tangent curve concave southeasterly having a radius of 1446.04 feet, being concentric
with and 46.00 northwesterly of said Control Line "E", a radial line to said bcginuing of
curve bears North 53°48'08" West; thence nOliheasterly 112.47 feet along said concentric
4 ; curve through a central angle of 04°27'23" to a line that is parallel with and 46.00 feet
5 I nolihwesterly of said Control Line "E"; thence North 40°39'15" East I 02.25 feet along said
7
parallel line; thence Nolih 04°20'4]" West 36.76 feet to the TRUE POINT OF
BEGINNING.
Containing 54,397 square feet or 1.25 acres, more or less.
10
II
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
12
13
Prepared under my supervision
14
15
/C/~ C~"J,-
Walter A. Sheek P.LS. 4838
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(7'
Date
16
17
Expires: 9/3012004
18
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DATE, ~,=- cr
22
Page 3 of 3
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