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Home My WebLink About08 RESOLUTION WAIVING NOTIFICATION REQUIREMENTS FOR A PROPOSED OC SHERIFF FACILITY AT 1382 BELL AVE DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B TOAgenda Item 8 ps AGENDA REPORT City Manager Finance Director N/A MEETING DATE: APRIL 20, 2021 TO: MATTHEW S. WEST, CITY MANAGER FROM: JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: A RESOLUTION WAIVING NOTIFICATION REQUIREMENTS OF GOVERNMENT CODE SECTION 25351 FOR A PROPOSED OC SHERIFF FACILITY AT 1382 BELL AVENUE SUMMARY: The County of Orange, Sheriff-Coroner, (OC Sheriff), has requested that the City Council waive the 60-day notification period required by California Government Code Section 25351 related to the County's proposed lease of the building at 1382 Bell Avenue for its Technology Division and Emergency Call Center. On April 13, 2021, the Planning Commission adopted Resolution No. 4424 determining that the proposed location for lease of approximately 120,000 square feet of industrial office space for the County of Orange, Sheriff-Coroner's Technology Division and Emergency Call Center, located at 1382 Bell Avenue, is in conformance with the City of Tustin (the City) General Plan. APPLICANT: COUNTY OF ORANGE, SHERIFF-CORONER PROPERTY OWNER: GVI-SW BELL AVE OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY RECOMMENDATION: That the City Council adopt Resolution No. 21-28, waiving the notification requirements of California Government Code Section 25351 regarding the proposed lease of property by the County of Orange, Sheriff-Coroner, and finding the lease consistent with the City's General Plan. FISCAL IMPACT: There is no fiscal impact to the General Fund. DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B City Council Report April 20, 2021 OC Sheriff Lease Page 2 CORRELATION TO THE STRATEGIC PLAN: The proposed project furthers the objectives of the following Strategic Plan goals: • Goal B: Public Safety and Protection of Assets — The proposed project would assist in enhancing Tustin's readiness to respond to major disasters through collaboration with the OC Sheriff. • Goal D: Strong Community and Regional Relationships — The proposed project would strengthen collaborations with the OC Sheriff. APPROVAL AUTHORITY: Pursuant to California Government Code Section 25351, whenever the board of supervisors of a county decides to go out to bid to construct a county building, expand an existing building, expand the use of an existing building, or enter into a lease of an existing building within the incorporated territory of a city, the board shall notify in writing, at least 60 days prior to going to bid or entering into a lease, the city clerk of the city where the building is to be constructed, expanded, or leased, unless the city council waives the 60- day notification period. BACKGROUND AND DISCUSSION: The OC Sheriff proposes to use 1382 Bell Avenue for its Technology Division that includes Communications. The site will house equipment and allow for specialized technical operations, repairs and servicing using various high technology equipment, Real-Time Crime-Center equipment and operations; and an Emergency Call Center with its equipment and operations. In addition, the site would also allow for the servicing of communications equipment on motorcycles, patrol cars, SUVs and fire engines for numerous law enforcement within the warehouse. Site Location The subject property (Figure 1) is located on the southwest side of Bell Avenue within the Planned Community Industrial (PC-IND)zoning district and is designated as Industrial (1) by the City's General Plan. DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B City Council Report April 20, 2021 OC Sheriff Lease Page 3 it P . • 382 Bell Avenue ~ f VVV Figure 1-Location Map General Plan Conformity The City's General Plan Land Use Map classifies the proposed site as "Industrial". The Industrial designation provides for a mix of industrial and office uses such as wholesale businesses, light manufacturing, storage, distribution and sales, research and development laboratories, and service commercial business. The proposed lease of the subject property by the OC Sheriff supports the City's General Plan Land Use and Public Safety Elements, including the following: 1. Land Use Element Goal 8: Ensure that necessary public facilities and services are available to accommodate development proposed on the Land Use Policy Map. 2. Public Safety Element Goal 8: Improve the City's ability to respond to natural and man-made emergencies. The leasing of the subject property by the OC Sheriff would enable critical and highly specialized equipment to be used in support of its operations to provide greater security for the City of Tustin and County of Orange. As such, the location, purpose, and extent of the DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B City Council Report April 20, 2021 OC Sheriff Lease Page 4 proposed lease is in conformance with the City's General Plan and the Land Use Policy Map. Planning Commission Action On April 13, 2021 , the Planning Commission will consider General Plan Conformity Determination 2021-0003 for 1382 Bell Avenue. It is recommended that the Planning Commission adopt Draft Resolution No. 4424 determining that the proposed location for lease of approximately 120,000 square feet of industrial office space for the County of Orange, Sheriff-Coroner's Technology Division and Emergency Call Center, located at 1382 Bell Avenue, is in conformance with the City's General Plan. As this report was finalized, the Planning Commission meeting had not occurred. Waiver of 60-Day Notice Requirement California Government Code Section 25351 requires the OC Sheriff to provide the City with a 60-day notice prior to entering into a lease within City limits. California Government Code Section 25351(d) allows the City, through resolution of the City Council, to waive the 60-day notice requirement. As indicated in the OC Sheriff's letter dated March 23, 2021 (Attachment A), the OC Sheriff is requesting that the City waive the notice requirement so that the County is able to enter into a lease immediately following consideration of the lease by the Board of Supervisors on April 27, 2021 . CONCLUSION: As discussed above, the proposed use for 1382 Bell Avenue is consistent with the General Plan goals, objectives and policies and as such, based on the requirements of California Government Code Section 25351 and Section 65402 and considering all of the information presented above, staff recommends that the City Council waive the 60-day notice requirement in order to allow the County to lease the property without delay. DocuSig ed ,�t,SStCa,n N bi,rynUAM � 54 _ ocuS Y VVIXX,/�HN U 9 (_JA5 815AA5CSD70F417... - D45DA2623BA5 Jessica Aguilar Justina L. Willkom Associate Planner Community Development Director Attachments: A. Request for 60-Day Waiver B. Draft Planning Commission Resolution No. 4424 C. City Council Resolution No. 21-28 DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B ATTACHMENT A Request for 60-Day Waiver DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B $� R�F� ORANGE COUNTY r ° SHERIFF'S DEPARTMENT SHERIFF-CORONER DON BARNES \^R9ryL f uNv •neFanwe,, \ March 23, 2021 WAIVER OF SIXTY DAYS' NOTICE TO LEASE Erica Yasuda, City Clerk City of Tustin 300 Centennial Way Tustin, CA 92780 RE: WAIVER OF SIXTY DAYS' NOTICE FOR SHERIFF-CORONER'S PROPOSED LEASE AT 1382 BELL AVENUE IN THE CITY OF TUSTIN Dear Erica Yasuda: Pursuant to Government Code Section 25351, we hereby request waiver of the required sixty (60) days' prior notice that the County of Orange, Sheriff-Coroner (Sheriff), proposes to enter into a long-term lease agreement for use of approximately 120,000 square feet of Industrial/Warehouse space at 1382 Bell Avenue in the City of Tustin, California(Facility). The Sheriff proposes to use the Facility for its Technology Division that includes Communications, and will house equipment and allow for specialized technical operations,repairs and servicing,along with using various high technology equipment, Real-Time Crime-Center equipment and operations; and Emergency Call Center with its equipment and operations; plus servicing communications equipment on motorcycles, patrol cars, SUVs, and fire engines for numerous law enforcement within the warehouse, Thank you for your cooperation and prompt attention to this matter. Feel free to call me at(714) 834-4643 or email me at steve.millerkocgov.com if you have any questions. Sincerely, By: Steven K. Miller Title: County of Orange/CEO Real Estate Administrative Manager II The City of Tustin hereby waives the Sixty Days' Notice for this proposed project: CONCUR: DATE: Signature Print Name& Title Integrity without compromise I Service above self I Professionalism in the performance of duty I Vigilance in safeguarding our community DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B ATTACHMENT B Draft Planning Commission Resolution No. 4424 DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B RESOLUTION NO. 4424 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN DETERMINING THAT THE LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED LEASE BY THE COUNTY OF ORANGE, SHERIFF-CORONER FOR ITS TECHNOLOGY DIVISION AND EMERGENCY CALL CENTER AT 1382 BELL AVENUE CONFORMS WITH THE TUSTIN GENERAL PLAN. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That the County of Orange, Sheriff-Coroner proposes to enter into a lease agreement for the use of approximately 120,000 square foot of industrial office space for its Technology Division and Emergency Call Center at 1382 Bell Avenue within the Planned Community Industrial (PC-IND) zoning district. B. That California Government Code Section 65402(b) provides that a county shall not acquire or dispose of any real property or authorize a public building within the corporate limits of a city until the location, purpose, and extent of the project has been reported by the local planning agency as to the conformity with the applicable, adopted general plan. C. That the proposed lease of the subject property is consistent with Land Use Goal 8, and would ensure that necessary public facilities and services are available to accommodate development proposed on the Land Use Policy Map. D. That the proposed lease of the subject property is consistent with Public Safety Element Goal 8, and would improve the City's ability to respond to natural and man-made emergencies. E. That General Plan Conformity determinations required by Government Code Section 65402 are not "projects" requiring environmental review pursuant to the California Environmental Quality Act. II. The Planning Commission hereby determines that that the location, purpose, and extent of the proposed lease for use of approximately 120,000 square feet of industrial office space by the County of Orange, Sheriff-Coroner for its Technology Division and Emergency Call Center at 1382 Bell Avenue is in conformance with the Tustin General Plan. DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B Resolution 4424 April 13, 2021 Page 2 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 13th day of April, 2021. AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4424 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of April, 2021. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B ATTACHMENT C City Council Resolution No. 21-28 DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B RESOLUTION NO. 21-28 A RESOLUTION OF THE CITY COUNCIL WAIVING NOTIFICATION REQUIREMENTS OF CALIFORNIA GOVERNMENT CODE SECTION 25351 REGARDING THE PROPOSED LEASE OF PROPERTYAT 1382 BELLAVENUE BY THE COUNTY OF ORANGE, SHERIFF-CORONER. WHEREAS, the County of Orange, Sheriff-Coroner, proposes to lease property within the City of Tustin known as 1382 Bell Avenue; and WHEREAS, the County of Orange, Sheriff-Coroner, intends to use this property for purposes associated with its Technology Division and Emergency Call Center; and WHEREAS, Government Code Section 25351 normally requires the County to provide the City with 60-day prior notice of such property lease; and WHEREAS, Government Code Section 25351(d) allows the City, through resolution by the City Council, to waive the 60-day notice requirement. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Tustin resolves as follows: Section 1 : The City Council of the City of Tustin does hereby waive the 60-day notice requirement of California Government Code Section 25351 . PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 20th day of April, 2021 . LETITIA CLARK MAYOR ATTEST: ERICA N. YASUDA CITY CLERK DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B Resolution No. 21-28 Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 21-28 ERICA N. YASUDA, 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 five; that the above and foregoing Resolution No. 21-28 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of April, 2021, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, CITY CLERK