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HomeMy WebLinkAboutLRA RES 21-01 DocuSign Envelope ID:606B4A4E-CAA2-4F5E-A37B-E41802E01038 RESOLUTION NO. 21-01 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 REVISING THE EXISTING REUSE PLAN FOR FORMER MCAS TUSTIN REGARDING REUSE PARCEL 18 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, during the LRA Reuse Planning process, the County of Orange (County) sought to acquire former MCAS Tustin Reuse Parcel 18 to create and operate a Regional Park through a Public Benefit Conveyance (PBC); and WHEREAS, the City considered and supported the County PBC application through Resolution 94-20, and the LRA included a County Regional Park in Parcel 18 in the formal MCAS Tustin Reuse Plan submitted by the LRA to the United States Department of Housing and urban Development for review and approval, which Reuse Plan was subsequently approved; and WHEREAS, in 1995, and in accordance with the MCAS Tustin Reuse Plan, the County submitted a PBC application to acquire Parcel 18 to the Department of the Interior (DOI) that identified the County's proposed plan for a Regional Park, and the funding mechanism intended to address the costs of creating and operating the proposed Regional Park which was approved by DOI; and WHEREAS, in October 1996, the City approved the MCAS Tustin Specific Plan/Reuse Plan after numerous meetings and community input which incorporated the County Regional Park PBC on Reuse Parcel 18; and Resolution 21-01 Page 1 of 4 DocuSign Envelope ID:606B4A4E-CAA2-4F5E-A37B-E41802E01038 WHEREAS, former MCAS Tustin officially closed in 1999; and WHEREAS, in 2012, the County submitted to the DOI an alternative Program of Utilization (POU) that proposed changes to the previously approved PBC application by seeking additional and more expansive revenue-generating activities which has never been approved by DOI; and WHEREAS, in 2013, the North Hangar (Hangar 1) on Reuse Parcel 18 experienced a partial roof collapse requiring stabilization by the Department of the Navy (Navy); and WHEREAS, since 2013, buildings and improvements on Reuse Parcel 18 have experienced rapid physical deterioration due to a lack of maintenance and security; and WHEREAS, due to the deterioration of Reuse Parcel 18, the City has been forced to expend resources at its own cost and without reimbursement, to respond to safety concerns involving trespassing, vagrancy, vandalism, and other illicit activities; and WHEREAS, the Orange County Grand Jury issued a report entitled "What's Happening with the Historic Tustin Hangars?" dated June 9, 2020 outlining the issues with Reuse Parcel 18; and WHEREAS, the County has previously refused to accept a license, interim lease, or Lease in Furtherance of Conveyance (LIFOC) to maintain and secure Reuse Parcel 18 as the intended property recipient; and WHEREAS, the County has demonstrated no progress on advancing planning and financing of the proposed Regional Park in accordance with the County's PBC Application; and WHEREAS; on February 23, 2021 , the LRA held a public meeting inviting all property recipients at former MCAS Tustin to give updates on development progress; and WHEREAS, at the February 23, 2021 meeting, the County indicated an unwillingness to take an interim license, interim lease, or LIFOC to secure and maintain Reuse Parcel 18, and also indicated there is no current timeline, plan, or approved budget for when or how the County proposed Regional Park would be constructed; and WHEREAS, on March 30, 2021, the LRA sent a letter to the County requesting additional information based on the February 23, 2021 meeting and requested written responses within thirty (30) days; and WHEREAS, on August 10, 2021 , the County Executive Officer sent a letter responding to the March 30, 2021 letter from the LRA indicating an unwillingness to Resolution 21-01 Page 2 of 4 DocuSign Envelope ID:606B4A4E-CAA2-4F5E-A37B-E41802E01038 accept an interim lease or LIFOC unless certain conditions are met with an unknown timeline; and WHEREAS, the August 10, 2021 letter from the County refers to potential alternatives to the approved plans that the County would like to discuss. The appropriate forum for changes in the approved Reuse Plan would be Reuse Plan amendment proceedings, and the LRA invites the discussion of such alternatives with the County and others in that context; and WHEREAS, the LRA held an additional meeting on August 11, 2021 where it considered the current state of reuse for Reuse Parcel 18; and WHEREAS, the LRA has determined that action be initiated to (i) remove the County Regional Park from the MCAS Tustin Reuse Plan, and (ii) consider, review, and analyze other appropriate alternative uses that may include public park components amongst other land uses for Reuse Parcel 18. 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 MCAS Tustin Reuse Plan is hereby revised to exclude the County Regional Park from Reuse Parcel 18, but not to preclude consideration of Regional or other park uses in connection with future Reuse Plan amendment proceedings; and 3. The LRA will inform the Navy and DOI of the actions taken and the reasons such actions were taken, and request Federal revocation of the County Regional Park PBC for Reuse Parcel 18; and 4. The LRA will work with the Navy to amend the existing City license or seek an interim lease for Reuse Parcel 18 to ensure the maintenance and security of Parcel 18. 5. The LRA will commence a Reuse Planning process to consider, review, and analyze appropriate alternative uses that may include public park components amongst other land uses for Reuse Parcel 18. PASSED and ADOPTED by the City Council of the City of Tustin at a special meeting on the 11th day of August, 2021 . Resolution 21-01 Page 3 of 4 DocuSign Envelope ID:606B4A4E-CAA2-4F5E-A37B-E41802E01038 DocuSigned by: LETIT �F�14yL/��7Q�}g��(�, . Mayor ATTEST: LCAWNX'S'5_D_A,ocuSigned by: ERI 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 21-01 was duly passed and adopted at a special meeting of the Tustin City Council acting in its capacity as the Federally designated Local Reuse Authority, held on the 11th day of August, 2021 by the following vote: COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher, Gomez (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) 5`LV DocuSigned by: , qaSttij. E R I CAM11MMA, City Clerk Resolution 21-01 Page 4 of 4