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HomeMy WebLinkAboutItem 29 - Resolution for the Maintenance and Protection of the Japanese Garden Public Works Agency www.santa-ana.org/pw Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 21, 2025 TOPIC: Resolution for the Maintenance and Protection of the Japanese Garden and Teahouse AGENDA TITLE Resolution Recognizing the Japanese American Citizens League South East Los Angeles, North Orange County as a Community Stakeholder for the Civic Center Japanese Garden and Teahouse (No Fiscal Impact) RECOMMENDED ACTION Adopt a resolution recognizing Japanese American Citizens League South East Los Angeles, North Orange County as a Community Stakeholder of the Civic Center Japanese Garden and Teahouse RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IDENTIFYING THE JAPANESE AMERICAN CITIZENS LEAGUE SOUTHEAST LOS ANGELES, NORTH ORANGE COUNTY / ORANGE COUNTY CHAPTER AS A COMMUNITY STAKEHOLDER IN THE PRESERVATION OF THE ORANGE COUNTY JAPANESE TEA HOUSE AND GARDEN GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On July 2, 1969 the County and the Orange County Japanese American Community Service (JACS), a non-profit corporation, entered into an agreement where JACS agreed to build a Japanese Garden and Teahouse (Garden) within the County-owned portion of the Civic Center at no cost to the County (Exhibit 1). The agreement stipulated that the County would competently maintain the Garden and consult JACS in the event of any major changes to the Garden. On October 4, 2022, the Santa Ana City Council approved an Exchange of Real Property agreement between the City and the County, for a property exchange within the Civic Center (Exhibit 2). As a result of the property exchange. the Garden is now within the parcel owned by the City. The property exchange agreement approved by Council requires the City to maintain the Garden and consult with JACS in the event of any major changes to the Garden to preserve its cultural integrity. Resolution for the Maintenance and Protection of the Japanese Garden and Teahouse January 21, 2025 Page 2 4 7 7 4 JACS has since dissolved and reformed as a new organization named Japanese American Citizens League South East Los Angeles North Orange County Japanese American Citizens League (JACL SELANOCO). In order to preserve the cultural integrity of the Garden, JACL SELANOCO has requested that the City adopt a resolution to reaffirm its commitment to maintain, preserve, and consult with JACL SELANOCO prior to any major modifications to the Garden. Staff recommends the adoption of this resolution as it maintains the original commitment made by the County and assumed by the City, clarifies who the City should consult with on cultural matters, and does not result in any added costs or burdens not already assumed by the City (Exhibit 3). This resolution does not modify, add, or remove the City’s authority as was originally provided by the County of Orange. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Original Agreement – County of Orange and JACS 2. October 4, 2022 Staff Report – Item #20 3. Resolution Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager EXHIBITB AGREEMENT l This Agr�ement is made this��day of >f I l E D• JUL 3 W. E. ST JOHN, County Clerk 2 between the C�unty of Orange, hereinafter called "County• and the .3 Orange County_Japanese American Coamrunity Service, Inc., a Cali•. 4 fornia, non•pl,:ofit corporation, hereinafter called 11 JACS 11• 5 Whereas, :::county has set aside a certain parcel of land with• 6 in the Orange County Civic Center for the construction of a Japa• 7 nese Garden; and 8 Whereas, JACS has agreed to build a Japanese Garden at said 9 site at no cost to County. 10 11 Now therefore, it is hereby 11111t !14lly agreed that: 1)JACS will commence construction of the aforesaid Japa• 12 nese Garden on or about October 1, 1969, and upon completion 13 thereof, on or about September 30, 1970, donate.-said Garden to 14 County. 15 2) County will accept the said Garden and maintain it as a 16 Japanese Garden. Where such maintenance requires the.advice or l? services of persons familiar with and competent in the maintenance 18 of Japanese gardens, County will consult with JACS and JACS will 19 cooperate in securing such persons. County further agrees that 20 there shall be no change in the existing design of the Japanese 21 Garden without the prior approval of JACS. 3)From and after the acceptance of the Japanese Garden, it 23 shall be the responsibility of County, and County will hold JACS 24 exempt and harmless from any and all damage or injury to any per• 25 son or persons or to the goods, wares and merchandise of any per- 26 son or persons arising from the use of the aforesaid Japanese 27 Garden. 28 IN WITNESS WHEREOF, the ·parties hereto have executed this 29 Agreement on the date first above written., 30 COUNTY OF ORANGE 31 32 By�}" ::!fl I J./k¢-c, .''\ •irman, Board or supervisors APPROVED AS TO FORM RIAN KUYPER, County tqunsel RANGE COUNTY, CAllFORNIA B� .... CIJ .... P..t..:�1..::�--ASSISTANT ORANGE COUNTY JAPANESE AMERICANCOMMUNITY SERVICE, IN ,, EXHIBIT 1 City of Santa Ana Public Works Agency www.santa-ana.org/pw Item# 20 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Exchange of Real Property AGENDA TITLE: Approve an Agreement with the County of Orange for Exchange of Real Property and Adopt a Resolution Declaring City Property as Exempt Surplus Land RECOMMENDED ACTION 1.Adopt a resolution declaring City-owned property as exempt surplus land pursuant to California Government Code § 54220 et seq. for the purpose of a real property exchange with the County of Orange. 2.Authorize the City Manager to execute an Exchange of Real Property agreement between the City of Santa Ana and the County of Orange, a political subdivision of the State of California, for proposed property exchange of the Civic Center Plaza of the Flags area and the Civic Center Library Parking Structure subject to non-substantive changes approved by the City Manager and the City Attorney. DISCUSSION In the mid-1950s, the City acquired and combined parcels to create the City's portion of the Civic Center block between Civic Center Drive, Ross Street, Santa Ana Boulevard, and Flower Street. Since then, the City has added to the property and conveyed segments to other government agencies, and now some of the ownership boundaries do not coincide with buildings and other improvements. The parking structure adjacent to the City's Main Library, which is operated by the County of Orange, is partially within City of Santa Ana property. The parcel containing the Plaza of the Flags and the parking structure underneath it which is utilized by City staff and agencies, along with the Japanese Garden structure, are owned by the County (Exhibit 1 ). To correct the misalignment, on March 31, 2022, the Orange County Chief Real Estate Officer and City of Santa Ana City Manager entered into a non-binding Letter of Intent (Exhibit 2), with the express interest of exchanging a County-owned 2.2-acre parcel in the Civic Center (Parcel A), for a City-owned 0.7-acre parcel (Parcel B). EXHIBIT 2 Agreement with County of Orange Exchange of Real Property October 4, 2022 Page 2 Within County -owned Parcel A is the Plaza of the Flags and parking structure area below, as well as the Japanese Garden and a portion of the Ross Annex Parking Structure. County staff have indicated that the Parcel A is not needed for County purposes. Parcel A is also located directly adjacent to Santa Ana City Hall. The Plaza is generally used by the City for special events and activities throughout the year, including farmer's markets and as an ice-skating rink during the winter, for which approval must be requested from the County of Orange. The City's ownership of the property will allow the City to utilize the Plaza without going through a County permitting process. Within City -owned Parcel B is a portion of the Library parking structure. The County administers the parking within the Civic Center and under the various agreements with the City for the operation of the Civic Center, collects the revenues for the upkeep of the Civic Center area. Parcel B is not needed for City purposes. In addition, if the exchange is approved by the City and the County of Orange, the property ownership boundaries which currently run through the Library parking structure and the Ross Annex parking structure will be adjusted so that the structures are wholly contained within one ownership. In order to consolidate ownership of the Santa Ana Library Parking structure and assist the City in the activation of the Plaza of the Flags area, the County and the City share a mutual interest in the exchange of parcels. Based on the opinions of City staff, valuation of the parcels subject to the exchange is equivalent. Prior to completion of the property conveyance, the City must declare Parcel B as surplus land, and therefore, is exempt surplus land pursuant to Government Code section 54221(f)(1)(c). Staff recommends the approval of the attached Agreement for the Exchange of Real Property (Exhibit 3), which sets out the parameters for the exchange, and adoption of the resolution declaring Parcel B as exempt surplus land pursuant to the Surplus Land Act Exhibit 4). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Agreement with County of Orange Exchange of Real Property October 4, 2022 Page 3 EXHIBIT(S) 1. Location Map 2. Letter of Intent 3. Draft Property Exchange Agreement 4. Resolution By: Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager Resolution No. 2025-XXX Page 1 of 4 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IDENTIFYING THE JAPANESE AMERICAN CITIZENS LEAGUE SOUTHEAST LOS ANGELES, NORTH ORANGE COUNTY / ORANGE COUNTY CHAPTER AS A COMMUNITY STAKEHOLDER IN THE PRESERVATION OF THE ORANGE COUNTY JAPANESE TEA HOUSE AND GARDEN WHEREAS, on July 2, 1969, the County of Orange entered into an agreement (“Original Agreement”) with the Orange County (“County”) Japanese American Community Service, Inc., (“JACS”) a California non-profit corporation, where in the County set aside a certain parcel of land within the Civic Center for the construction of a Japanese Garden (“The Orange County Japanese Garden and Tea House”); and WHEREAS, pursuant to the Original Agreement JACS agreed to build and did build The Orange County Japanese Garden and Tea House in 1970 with donations from over 625 Orange County Japanese families and businesses totaling $50,000 and given as a gift to the County; and WHEREAS, The Orange County Japanese Garden and Tea House was the first Japanese American memorial in Orange County; and WHEREAS, the County accepted The Orange County Japanese Garden and Tea House and agreed to maintain it as a Japanese garden and tea house; and WHEREAS, The Orange County Japanese Garden and Tea House serves multiple purposes: it is a lasting reminder of the incarceration of persons of Japanese ancestry during World War II; it represents Japanese Americans’ appreciation to those who welcomed them back home to Orange County after the war; it shares Japanese cultural heritage with the public in the form of a tranquil garden setting for visitors to the Santa Ana Civic Center to enjoy; the location can be viewed from the new County Administration North Building and Santa Ana City Hall where both C ity and County employees can enjoy the garden; and, it reflects the rich history of the Japanese pioneers in the City of Santa Ana and their contribution; and WHEREAS, The Orange County Japanese Garden and Tea House’s builders included an eighty-year-old Japanese pine, which is now 135 years old; and WHEREAS, on The Orange County Japanese Garden and Tea House’s 100th anniversary in 2070, the time capsule at the garden will be opened on November 15, 2070, and Resolution No. 2025-XXX Page 2 of 4 WHEREAS, on April 26, 2023, the County quitclaimed land to the City of Santa Ana (“City”) that includes The Orange County Japanese Garden and Tea House; and WHEREAS, on April 27, 2023, the County assigned its rights and delegated its obligations under the Original Agreement to City, and City accepted the assignment of the Original Agreement and assumed all of County’s obligations under and related to the Original Agreement; and WHEREAS, the City of Santa Ana (“City”) will now be the custodian of this precious piece of Japanese American history; and WHEREAS, on November 29, 2023, the City was notified by a letter, dated November 29, 2023, from the Japanese American Citizens League (“JACL”) Southeast Los Angeles, North Orange County / Orange County (“SELANOCO”) Chapter that JACL SELANOCO / Orange County will assume the handling of inquiries that may arise pertaining to The Orange County Japanese Garden and Tea House; and WHEREAS, the City would like to formally recognize the JACL SELANOCO / Orange County as a community stakeholder to assist the City with inquiries that may arise pertaining to the maintenance of The Orange County Japanese Garden and Tea House. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby recognizes JACL SELANOCO / Orange County as a community stakeholder of The Orange County Japanese Garden and Tea House. Section 2. The City will maintain The Orange County Japanese Garden and Tea House as a Japanese garden and tea house. Where such maintenance requires the advice or services of persons familiar with and competent in the maintenance of Japanese gardens and tea houses, City will consult with JACL SELANOCO / Orange County and JACL SELANOCO / Orange County will cooperate in recommending such persons. There shall be no change in the existing design of The Orange County Japanese Garden and Tea House without the prior consultation with JACL SELANOCO / Orange County. Section 3. In the event that it becomes necessary to redesign or relocate The Orange County Japanese Garden and Tea House, due to redevelopment or for any other reason, prior to such redesign or relocation, City will consult with JACL SELANOCO / Orange County and JACL SELANOCO / Orange County will cooperate in providing recommendations for such relocation. Resolution No. 2025-XXX Page 3 of 4 Section 4. A copy of this Resolution will be attached to The Orange County Japanese Garden and Teahouse property title which was signed in 2023 where the County transferred the garden to the City with the original 1969 County Agreement attached. With the new information included with this Resolution, the 55-year-old history of the origins of the garden and its representation will be clarified for perpetuity. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this _____ day of January, 2025. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_____________________ Brandon Salvatierra Deputy City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ Resolution No. 2025-XXX Page 4 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-____ to be the original resolution adopted by the City Council of the City of Santa Ana on January, ___, 2025. Date: ________________ ____________________________________ City Clerk City of Santa Ana