HomeMy WebLinkAboutCC RES 21-49DocuSign Envelope ID: 428HE2E-38130-43C13-81 BO-769A83568A37
RESOLUTION NO. 21-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF
ASSESSORS PARCEL NUMBERS 430-371-20, 22, 25, 26, 40, 59, 60, 61, 67,
AND 68; AND PORTIONS OF 430-371-39, 56, 57, 58 AND 77 AS SURPLUS
PROPERTY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
54221.
WHEREAS, the City of Tustin (City) owns certain real property consisting of
approximately 35 acres (Site) at Tustin Legacy (former Marine Corps Air Station Tustin)
comprised of APN 430-371-20, 22, 25, 26, 40, 59, 60, 61, 67, 68 and portions of 430-371-
39, 56, 57, 58 and 77; and
WHEREAS, in 1992, the City was designated by The United States Department of
the Defense as the Lead Agency or Local Reuse 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 (including the creation of jobs and housing) of
the City and surrounding region; and
WHEREAS, in May 2002, The United States of America approved an Economic
Development Conveyance (EDC) and agreed to convey approximately 1,153 acres of
former MCAS Tustin to the City; and
WHEREAS, on May 13, 2002, a total of approximately 977 acres were conveyed
by The United States of America to the City by quitclaim deed, in accordance with the
provisions of Memorandum of Agreement by and between The United States of America
and the City dated May 13, 2002, and
WHEREAS, the additional approximately 177 acres were made subject to a ground
lease by the City from The United States of America and portions thereof have
subsequently been conveyed to the City pursuant to subsequent quitclaim deeds; and
WHEREAS, the City believes the Site (and all portions of Tustin Legacy owned or
to be owned by the City) to be assets to be held, used, and portions sold or leased to
enable the City to meet its responsibilities to fund ongoing and future infrastructure,
development and maintenance costs at Tustin Legacy that are borne by the City as
Executive Developer in order to provide housing, employment, public services and
recreation to City residents; and
WHEREAS, the City, acting as Executive Developer for Tustin Legacy, carefully
plans neighborhoods within the 1,600 -acre footprint to account for infrastructure costs,
market conditions, and community benefits prior to initiating a disposition process for
certain parcels; and
Resolution 21-49
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WHEREAS, the City, acting as Executive Developer for Tustin Legacy, has acted
in its role to provide market rate and affordable housing at Tustin Legacy, with 3,457
residential units (ownership and rental) constructed to date, 688 of which are deed
restricted for various levels of affordability; and
WHEREAS, the Site is located within portions of Planning Areas 8, 13 and 14 of
the Tustin Legacy Specific Plan that do not contain any residential entitlements nor is the
adjacent infrastructure designed for residential use; and
WHEREAS, the City desires to implement the existing Tustin Legacy Specific Plan
on the Site, thereby creating employment opportunities with uses such as office, retail
and providing publicly accessible space that complements existing and future residential
sites throughout Tustin Legacy; and
WHEREAS, existing law established the Surplus Land Act (SLA) for local agencies
to follow when disposing of surplus properties no longer needed for government use or
for revenue generation; and
WHEREAS, prior to January 1, 2020, the City did not consider the Site (and all of
Tustin Legacy) to be "surplus land" as defined in the SLA because it considered the
development of the Site (and all of Tustin Legacy) consistent with the Federal Reuse Plan
to be a continuing City use of the property, as well as due to the deed conveyance
mechanism whereby the City received the property with restrictions from The United
States of America as part of the Defense Base Realignment and Closure Act of 1990 as
amended; and
WHEREAS, on October 9, 2019, California Governor Gavin Newsom signed
Assembly Bill 1486 (Ting) into law, making substantive amendments to the SLA effective
January 1, 2020; and
WHEREAS, the amended SLA required that legally binding agreements such as
an Exclusive Negotiating Agreement must have been entered into by September 30, 2019
for property to be exempt from the amended SLA; and
WHEREAS, the amended SLA requires local agencies to declare land as "surplus
land" or "exempt surplus land" prior to disposing of property owned by the local agency;
and
WHEREAS, the Site (and all of Tustin Legacy) is not "surplus land" in any
traditional sense because the funds received from sales and leases of portions of the
Tustin Legacy, and the uses to which the property are put after such sale or lease, are
essential to accomplish the Federally- and City -approved military base Reuse Plan,
including but not limited to provide the funding for the significant cost of infrastructure
needed to accomplish the planned reuse of former military base; and
Resolution 21-49
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WHEREAS, although the City contends that it is not required to do so for the
reasons referenced herein, the City will send a written notice of availability for the Site by
electronic mail to all of the entities identified in Government Code section 54222; and
WHEREAS, as contemplated by Government Code section 54222 and 54227, if
one of the entities/agencies desires to purchase or lease the Site after having received
the notice of availability, it must indicate its interest to do so in writing within 60 days of
receiving the City's notice, and the City and the entity/agency so responding to the notice
will negotiate in good faith to determine whether price and terms for the disposition of the
Site can be agreed upon; and
WHEREAS, as contemplated by Government Code 54223 and 54227, in the event
no agreement is reached between the City and any interested entity/agency after a good
faith negotiation period of 90 days, the Site may be disposed of without further regard to
the SLA, except that if the City then enters into an agreement with any entity which results
in the construction of ten or more residential units, the new entity shall provide at least 15
percent of the total number of units as affordable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TUSTIN, THAT:
The foregoing recitals are hereby incorporated and adopted as the findings of
the City Council; and
2. This action results in no binding commitment by the City to authorize or
advance the disposition of the Site, will not result in a direct or indirect physical
change in the environment, and does not constitute an "approval" of a "project"
pursuant to CEQA Guidelines Sections 15004 and 15352; and
3. Subject to the findings above, and without waiving any claim or argument that
the SLA is inapplicable to property dispositions made consistent with the City's
Federally -approved Reuse Plan, and for purposes of forestalling delays or
disputes that might arise if no finding is made under the amended SLA, the Site
comprised of APN 430-371-20, 22, 25, 26, 40, 59, 60, 61, 67, 68 and portions
of 430-371-39, 56, 57, 58 and 77 is hereby declared "surplus land".
PASSED and ADOPTED by the City Council of the City of Tustin at a regular
meeting on 15th day of June, 2021.
DocuSigned by:
�EF44�a�S6#9-344n ...
LETITIA CLARK,
Mayor
Resolution 21-49
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ATTEST:
5 DocuSigned by:
q"'w'
ERICA I I'A DA,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do 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 21-49 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day
of June, 2021 by the following vote:
COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
5 DocuSigned by:
, qxsa-
ERICA . u A bA,
City Clerk
Resolution 21-49
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