HomeMy WebLinkAboutCC RES 21-50DocuSign Envelope ID: 428HE2E-38130-43C13-81 BO-769A83568A37
RESOLUTION NO. 21-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF
ASSESSORS PARCEL NUMBERS 430-271-81 AND PORTIONS OF 430-271-78,
80, 82, 84, 92, 93, 430-371-41, 42, 43, 44, 45, 46, 48, 51, 54, 73, 74, 76, 77
EXEMPT FROM THE REVISED SURPLUS LAND ACT PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 54234 AND THE FINAL
SURPLUS LAND ACT GUIDELINES SECTION 103 (b) (1) (A).
WHEREAS, the City of Tustin (City) owns certain real property consisting of
approximately 25 acres (Site) at Tustin Legacy (former Marine Corps Air Station Tustin)
comprised of 430-271-81 and portions of 430-271-78, 80, 82, 84, 92, 93, 430-371-41, 42,
43,44,45,46,48,51,54,73,74,76,77 -land
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 21-50
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DocuSign Envelope ID: 428HE2E-38130-43C13-81 BO-769A83568A37
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 subject to an Exclusive Negotiating Agreement (ENA) that
was executed in February 2019 and a Disposition and Development Agreement (DDA)
that was executed in December 2019, and the City plans to dispose of the Site pursuant
to the requirements of the ENA and DDA; and
WHEREAS, existing law established the Surplus Land Act (SLA) for local agencies
to follow when disposing of surplus properties no longer needed for the City's use; 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 ENA 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 final Surplus Land Act Guidelines were published by the California
Housing and Community Development Department in April 2021 with additional guidance;
and
WHEREAS, since the ENA applicable to the Site was executed prior to September
30, 2019, the Site falls within the parameters of Government Code 54234 and Final
Surplus Land Act Guidelines Section 103 (b) (1) (A).
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. The Site comprised ofAPN 430-271-81 and portions of 430-271-78, 80, 82, 84,
92, 93, 430-371-41, 42, 43, 44, 45, 46, 48, 51, 54, 73, 74, 76, 77 is hereby
declared surplus land that is exempt from the revised Surplus Land Act.
Resolution 21-50
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DocuSign Envelope ID: 428HEH-38130-43C13-81 BO-769A83568A37
PASSED and ADOPTED by the City Council of the City of Tustin at a regular
meeting on 15th day of June, 2021.
FD cuSigned by:
LETMKIUAW
Mayor
ATTEST:
E
DocuSigned by:
V i, qa'w'
ERICA N. YASUDA,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
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 21-50 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)
Doc;'
by:
FLV' qa.Stti'
ERIC N.'YX8VbA,
City Clerk
Resolution 21-50
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