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Home My WebLink AboutCITY INVITATION LETTER 7.21.21 Office of the City Council ter"r�l:_al. July 21, 2021 Mr. Frank Kim Chief Executive Officer County of Orange 333 W. Santa Ana Boulevard Santa Ana, CA 92701 Dear Mr. Kim: The City of Tustin (City), acting as the Federally recognized Local Reuse Authority(LRA), will be holding a meeting of the LRA on August 11, 2021,at 5:00 p.m.to discuss and consider taking specific actions regarding Reuse Parcel 18 and the proposed Orange County Regional Park as part of the Reuse Plan for former Marine Corps Air Station(MCAS)Tustin. This letter serves as a formal invitation to the County to attend the August 11 LRA meeting wherein the County will have the opportunity to provide additional testimony before the LRA as well as answer questions from the LRA Board (Tustin City Council). The decision of County representatives to attend or decline to appear, the substance of any testimony provided, and responses to questions by the LRA Board, will directly influence the actions taken by the LRA Board related to Reuse Parcel 18. At the August 11 meeting the County should, at a minimum,be prepared to address the issues and questions that were detailed in the LRA's March 30, 2021 letter sent to the County. The LRA has received no response to date. A copy of the letter is attached for reference. City staff will be contacting you to discuss logistics for the August 11 meeting. Should you have any questions,please contact Matthew S. West, City Manager at 714-573-3012 or mwestktustinca.orZ. Sincerely, f i Letitia Clark Mayor Attachment: LRA Letter to County dated March 30, 2021 cc: Tustin City Council David Siegenthaler, National Parks Service Matthew S. West, City Manager Laura Duchnak, Department of the Navy Nicole Bernard, Assistant City Manager Charles Perry, Department of the Navy David E. Kendig, City Attorney Alexander Bethke, Department of the Navy George Schlossberg, Kutak Rock Amy Jo Hill, Department of the Navy Christopher Koster, Director of Economic Development Elizabeth Larson, Department of the Navy Donald P. Wagner, Third District Supervisor Kyle Olewnik, Department of the Navy Thomas Miller, County Chief Real Estate Officer Mayor Letitia Clark • Mayor Pro Tem Austin Lumbard • Barry W Cooper • Ryan Gallagher• Rebecca"Beckie"Gomez 300 Centennial Way,Tustin, CA 92780 0 www.tustinca.org Office of the City Council March 30, 2021 The Honorable Donald P. Wagner Supervisor, Third District County of Orange 333 W. Santa Ana Boulevard, V'Floor Santa Ana, CA 9270t Dear Supervisor Wagner: Thank you for the County of Orange (County) presentation before the City of Tustin (City), acting as the Federally recognized Local Reuse Authority (LRA), at the February 23, 2021, virtual community forum for the former Marine Corps Air Station, Tustin, (MCAS Tustin), closed and available for disposal in accordance with the Defense Base Closure and Realignment Act of 1990, as amended (Base Closure Act). The LRA appreciated the opportunity to discuss progress with the several public agencies designated as property recipients at the former MCAS Tustin. The forum was an opportunity to present to the general public the various ongoing projects and endeavors at the former MCAS Tustin, including the County's successful development and operation of the Tustin Family Campus and the Orange County Animal Care Facility, While the LRA applauds the County for its successes on those projects,the LRA was particularly concerned with the testimony from Thomas Miller, the County's Chief Real Estate Officer, describing the County's current status on meeting its commitments to acquire, develop, and operate Parcel 18 as a Regional Park in accordance with the County's Public Benefit Conveyance (PBC) Application to the Department of Interior's National Park Service (NPS) that was submitted in 1995. The County's presentation and testimony to the LRA regarding Parcel 18 raised concerns and questions that fall into two specific categories: 1. County's flans to Acquire, Develop and Operate Parcel 18. Pursuant to the Base Closure Act, the LRA conducted a reuse planning process that led to the LRA's adoption in 1996 of the MCAS Tustin Reuse Plan, reviewed and approved by the United States Department of Housing and Urban Development (HUD), and utilized by the Department of the Navy (Navy) in its on-going MCAS Tustin disposal process. As part of the LRA's reuse planning process, the County: Mayor i.e6tia Clark • Mayor Pro Tem Austin Lumbard • Barry W.Cooper • Ryan Gallagher • Rebecca"Beckie"Gomez 300 Centennial Way • Tustin,California 92780 . www,tListii ca.org The Honorable Donald P. Wagner March 30, 2021 Page 2 - Sought to acquire Parcel 18 to create and operate a Regional Park - Submitted a NPS PBC Application (County PBC Application) in 1995 that was reviewed and approved by the NPS, that identified the County funding mechanism intended to address the costs of creating and operating the proposed Regional Park, and that was incorporated by the IRA in the final HUD-approved MCAS Tustin Reuse Plan, In 2012, seventeen (17) years after the NPS approval of the County PBC Application, the County proposed an alternate County Program of Utilization(POLI)that proposed changes to the NPS-approved County PBC Application by seeking additional and more expansive revenue-generating activities onto Parcel 18 to subsidize the costs of creating and operating the proposed Regional Park. However, the 1 proposed alternate POLI was never approvedby the NPS,leaving inplace only the original NPS-approved County PBC Application for a Regional Park. on Parcel 18. The LRA understands that in the ensuing years, the County has faced development challenges including the partial.collapse of the north hangar, a global pandemic, the Great Recession, and recent discoveries of emerging contaminants such as PFOS/PFAS on the former MCAS Tustin. All of these events give rise to questions concerning the future of Parcel 18, as follows: - Since the 2012 proposed alternate POLI that was submitted to NPS was not approved, is the County prepared to implement its original NPS-approved PBC Application for a Parcel 18 Regional Park as it is incorporated into the MCAS Tustin Reuse Plan, and do so within the next 1-3 years? - Is the County prepared to budget, fund, and dedicate County resources to make the Parcel 18 Regional Park a reality in accordance with the County's approved PBC Application within the next 1-3 years? - Are on-site commercial-revenue-generating activities (that have not been approved) necessary for the County to develop and operate the Parcel 18 Regional Park and/or to preserve the north hangar? E I - Since the NPS does not permit commercial-revenue-generating activities as part of the PBC,what are the County's plans to develop and operate the Parcel 18 Regional Park and preserve the north hangar? - At the TRA meeting, the County introduced for the first time a different, unvetted proposal for the Regional Park by introducing the concept of a"Phased, Passive Park." If the Countv desires to amend its PBC Application to seek approval by the NPS for a"Phased, Passive Park"in lieu of j the Parcel 18 Regional Park, and should the LRA support it, how will the County fund this ` concept and either the(i)restoration, operation and maintenance, or(ii)demolition of,the north hangar? i The Honorable Donald P. Wagner March 30, 2021 Page 3 - If the County desires to amend its PBC Application to seek approval by the NPS and proceed with a"Phased, Passive Park"in lieu of the Parcel 18 Regional Park, and should the LRA support it, when will the County hold public workshops to present the plan to the community as it did with the Regional Park concept in 2013? 2. County's Short-Term Plans for Parcel 18: During the last several years, there have been numerous instances of trespassing, criminal conduct and j other illicit activities taking place at Parcel 18 requiring an independent and significant City resource response. This has been documented through several letters to the County from the City and was discussed in the recent Orange County Grand Jury report, "What's Happening with the Historic Tustin { Hangars?" Several times during the County's presentation to the LRA, the County suggested that the County could not proceed with a Lease in Furtherance of Conveyance (LIFOC) from the Navy in the absence of a revised POLI that permitted on-site revenue-generating activities sufficient to support the restoration, operation, maintenance and securing of Parcel 18 and north hangar. However, the LRA would reiterate to the County that a LIFOC could be secured if the County were willing to implement and fund its NPS-approved PBC Application. Even if the County were to seek 1 changes to its PBC Application and POLI, it would still be feasible for the Countv to obtain a short-term interim lease (Interim Lease)from the Navy in order to secure and maintain Parcel 18 while these issues were addressed while also providing appropriate performance milestones to ensure County progress. Such an effort (either LIFOC or Interim Lease) would be consistent vA th what all other designated property recipients at the former MCAS Tustin have committed to while awaiting final fee conveyance from the Navy. Accordingly, the LRA requests the County please address the following: - Is the County willing to accept,without further delay, a LIFOC and assume site control of Parcel 18 from the Navy in order to safely secure and maintain the property while it proceeds to develop a Regional Park under its NPS-approved PBC Application? Or is the County willing to accept, without further delay, an Interim Lease with specific performance milestones and assume site control of Parcel 18 from the Navy in order to safely secure and maintain the property to demonstrate its commitment to construct a passive park, while it seeks to amend its approved NPS PBC Application? On behalf of the City and the greater Tustin community, the LRA continues to stress the importance of committing to the maintenance and security by designated property recipients of all property at former MCAS Tustin. If the County is not willing to assume site control under a LIFOC or Interim Lease (and thereby fails to demonstrate its commitment to develop the Regional Park), the LRA will be prepared to evaluate all courses of action available and necessary to ensure that Parcel 18 is maintained, secured, and advanced in a timely manner. The Honorable Donald P, Wagner March 30, 2021 Page 4 The City, acting as the LRA, requests written responses from County representatives to the questions in this letter within. thirty (30) days of receipt. Responses will be added to the LRA record, and will be considered by the LRA in determining the need for additional LRA Public Forum(s) focused on Parcel 18, Sincerely, 4 Letitia Clark Mayor cc: Tustin City Council Matthew S. West, City Manager Nicole Bernard, Assistant City Manager David E. Kendig, City Attorney George Schlossberg, Kutak Rock Christopher Koster, Director of Economic Development Frank Kim, County CEO Thomas Miller, County Chief Real Estate Officer David Siegenthaler, National Parks Service Laura Duchnak, Department of the Navy Charles Perry, Department of the Navy i Alexander Bethke, Department of the Navy Amy Jo Hill, Department of the Navy Elizabeth Larson, Department of the Navy Kyle Olewnik, Department of the Navy i i