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Home My WebLink About06 AUTHORIZE THE LOCAL REUSE AUTHORITY EXECUTIVE DIRECTOR TO EXECUTE INTERIM LEASES AND LICENSESDocuSign Envelope ID: AB8635DC-E195-479A-13056-06E08E351C67 MEETING DATE Ito] FROM AGENDA REPORT OCTOBER 17, 2023 Agenda Item 6 Reviewed: m�� City Manager Finance Director N/A MATTHEW S. WEST, CITY MANAGER/LOCAL REUSE AUTHORITY EXECUTIVE DIRECTOR ECONOMIC DEVELOPMENT DEPARTMENT SUBJECT: AUTHORIZE THE LOCAL REUSE AUTHORITY EXECUTIVE DIRECTOR TO EXECUTE INTERIM LEASES AND LICENSES FROM THE DEPARTMENT OF DEFENSE FOR PROPERTY AT FORMER MARINE CORPS AIR STATION TUSTIN SUMMARY Local Reuse Authority (LRA) Resolution 23-01 would provide the LRA Executive Director the authority to execute or accept interim leases and licenses tendered to the LRA from the Department of Defense (DOD). Any lease greater than five (5) years, any license greater than one (1) year, or any lease or license requiring financial renumeration to the DOD will require City Council (acting as the LRA) approval. RECOMMENDATION It is recommended that the City Council, acting as the LRA for former Marine Corps Air Station (MCAS) Tustin, takes the following action: 1. Adopt LRA Resolution 23-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS THE FEDERALLY DESIGNATED LOCAL REUSE AUTHORITY FOR FORMER MARINE CORPS AIR STATION TUSTIN, AUTHORIZING THE LOCAL REUSE AUTHORITY EXECUTIVE DIRECTOR TO EXECUTE NO -COST INTERIM LEASES OR LICENSES FISCAL IMPACT Not applicable. Any leases or licenses requiring financial renumeration to the DOD will require City Council (acting as the LRA) approval. BACKGROUND The Reuse Plan for former MCAS Tustin (adopted in 1996) details how property is to be conveyed from the DOD to the City and other entities. Conveyance types have included DocuSign Envelope ID: AB8635DC-E195-479A-1305B-06ENE351C67 Agenda Report — LRA Executive Director to Execute Interim Leases/Licenses October 17, 2023 Page 2 an Economic Development Conveyance (City), several Public Benefit Conveyances (City and other public agencies), a Homeless Assistance Conveyance (OC Rescue Mission), and Public Auction & Negotiated Sale Conveyances (Marble Mountain & Moffett Meadows Partners — Columbus Grove and Columbus Square). The majority of former MCAS Tustin has been conveyed from the DOD to the City and others, including public agencies and private developers. However, the DOD still retains ownership of approximately 230 acres that will be conveyed at a later date to the intended property recipients. On occasion, a parcel of land still under ownership by the DOD may require an amendment to the Federal Reuse Plan if the intended recipient decides to rescind their request for the designated property, or if the proposed use is removed by the City Council (acting as the LRA). The reuse planning process can take several years to complete, leaving certain parcels without maintenance or security until a new recipient is identified and assumes responsibility for the property. In such cases where there is not yet and identified recipient for a property, the LRA is in a unique position to "step in" and accept a no -cost interim lease or license from the DOD for these parcel(s) to provide maintenance and security functions while the reuse planning process proceeds. While the LRA does not have an obligation to do so, it may wish to accept these interim leases or licenses to protect the health, safety and interests of surrounding residents and businesses. While authority has been granted to the LRA Executive Director to execute deeds and other agreements from the DOD, no specific authorization exists to execute no -cost interim leases or licenses. DISCUSSION LRA Resolution 23-01 will authorize the LRA Executive Director to expedite the execution or acceptance of interim leases (less than five years) and licenses (less than one year) as long as no financial renumeration to the DOD is required. Any leases of more than five years, any licenses of one year or longer, or any lease or license requiring financial remuneration must be approved by the City Council acting as the LRA. roDocuSigned by: FDOCUSigned by: sfb,l ,r 6sfv per_ Christop e`rl Oster Kennel Iguee Director of Economic Development Senior Management Analyst Attachments 1. LRA Resolution 23-01 DocuSign Envelope ID: AB8635DC-E195-479A-B05B-06E08E351C67 RESOLUTION NO. 23-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS THE FEDERALLY DESIGNATED LOCAL REUSE AUTHORITY FOR FORMER MARINE CORPS AIR STATION TUSTIN, AUTHORIZING THE LOCAL REUSE AUTHORITY EXECUTIVE DIRECTOR TO EXECUTE NO -COST INTERIM LEASES OR LICENSES WHEREAS, former Marine Corps Air Station (MCAS) Tustin was designated for realignment and closure in 1991 by the Defense Base Closure and Realignment Commission, and confirmed for realignment and closure by the Department of Defense in 1993, pursuant to and in accordance with the Defense Base Closure and Realignment Act of 1990, as amended; and WHEREAS, prior to the closure and disposal of military installations, the Office of Local Defense Community Cooperation (OLDCC) within the Department of Defense (DOD), formerly known as the Office of Economic Adjustment (OEA), recognizes a local governmental entity to be the Local Reuse Authority (LRA) to prepare a Reuse Plan for closed or realigned military installations; and WHEREAS, in 1992, the City of Tustin (City) was designated as the LRA for former MCAS Tustin by OEA (now OLDCC) to prepare a Reuse Plan for former MCAS Tustin in order to facilitate the closure and disposal of MCAS Tustin and its reuse in furtherance of the economic development of the City and surrounding region; the City was re -confirmed as the LRA in 1994; and WHEREAS, not all property at former MCAS Tustin has been conveyed from the DOD to the final designated property recipients; and WHEREAS, the Reuse Plan for former MCAS Tustin may be amended from time to time which may result in an interim period whereby the DOD will not provide maintenance or security for portions of property; and WHEREAS, the DOD may offer no -cost interim leases (five years or less) and/or licenses (one year or less) to the LRA for maintenance and security purposes during the Reuse Plan amendment period; and WHEREAS, the LRA has no obligation to enter into no -cost interim leases and/or licenses, but may desire to do so in the interests of the residents and businesses in and around the area of the former MCAS Tustin; and WHEREAS, the City Council of the City of Tustin, acting in its capacity as the LRA for the former Marine Corps Air Station Tustin desires to authorize the LRA Executive Director to execute and accept on behalf of the LRA no -cost interim leases and/or licenses when appropriate or necessary at the Executive Director's discretion. LRA Resolution 23-01 Page 1 of 3 DocuSign Envelope ID: AB8635DC-E195-479A-1305B-06ENE351C67 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN ACTING AS THE LOCAL REUSE AUTHORITY FOR FORMER MARINE CORPS AIR STATION TUSTIN, THAT: 1. The foregoing recitals are hereby incorporated and adopted as the findings of the City Council acting as the LRA; and 2. The LRA Executive Director is hereby authorized to execute and accept on behalf of the LRA no -cost interim leases and/or licenses when appropriate or necessary at the Executive Director's discretion. 3. Any leases of more than five years, any licenses of one year or longer, or any lease or license requiring financial remuneration must be approved by the City Council acting as the LRA. PASSED and ADOPTED by the City Council of the City of Tustin at a regular meeting on the 17th day of October, 2023. ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: F cuSigned by: Z179 DA EE37KENE?IG, City Attorney AUSTIN LUMBARD, Mayor LRA Resolution 23-01 Page 2 of 3 DocuSign Envelope ID: AB8635DC-E195-479A-B05B-06E08E351C67 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, acting in its capacity as the Federally designated Local Reuse Authority, 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 23-01 was duly passed and adopted at a regular meeting of the Tustin City Council acting in its capacity as the Federally designated Local Reuse Authority, held on the 17th day of October, 2023 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk LRA Resolution 23-01 Page 3 of 3