Loading...
HomeMy WebLinkAbout25E - JOINT USE FEES - HOME RUN FENCE REQUEST FOR COUNCIL ACTION ~ Ta a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 5, 2010 TITLE: APPROVED AGREEMENT AMENDMENT WITH SANTA ? As Recommended ANA UNIFIED SCHOOL DISTRICT ? As Amended ? Ordinance on 1 S` Reading AMENDING JOINT USE FEES AND ? Ordinance on 2"d Reading PROVIDING FOR A HOME RUN FENCE ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ' G:.,..' ~ t , FILE NUMBER ~ ~ CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with the Santa Ana Unified School District, subject to non-substantive changes approved by the City Manager and City Attorney, to modify the schedule of joint use fees and provide for a homerun fence on Hector Godinez High School joint use baseball fields during the high school baseball season. DISCUSSION ' The City was informed by the Santa Ana Unified School District last year that they would like to install a homerun fence at each of the two Hector Godinez High School joint use baseball fields in order to enhance player safety. During Godinez High baseball games, several player injuries have occurred due to the lack of a home run outfield fence. This request was discussed at the May 20, 2009 Board of Recreation and Parks and an approved recommendation was made to install the homerun fence on the two Hector Godinez baseball fields. This request was then discussed at the Joint District/City Policy meeting of October 21, 2009, with Council Member Martinez, Sarmiento, and Tinajero attending. Staff then met with the Windsor Village, Valley Adams, and Centennial Park Neighborhood Associations to discuss the issue and answer questions. As a result, the City and the District staff are proposing the attached agreement amendment that would modify the Hector Godinez Joint Use Agreement to provide for a homerun fence during the baseball season on the joint use baseball fields. Both outfield fences will be designed to be removed when not in use. The fences shall be limited to six feet in height extending only from one foul line to the other and exact location and design of the fences shall be subject to the approval of the City's Executive Director of Parks and Recreation (Exhibit 1). 25E-1 Agreement Amendment with SAUSD April 5, 2010 Page 2 In addition, the amendment will modify the schedule of joint use fees currently paid by the City. The amendment stipulates that the City will no longer have to pay District reservation fees and light fees for the use of Godinez joint-use recreational facilities for City organized programs, which will result in cost savings for the City. In addition, the City and the District have agreed administratively to the following conditions: • No more Centennial Park carnivals at the northeast corner of the park in order to prevent negative parking impacts on the surrounding neighborhoods • The School District will install signs in Centennial Park giving directions to the Godinez High School parking structure • The District will no longer have to pay the City reservation fees when they use Godinez joint-use recreation facilities as a form of reciprocation for the City no longer paying District reservation fees and light fees for the use of these facilities The carnival and parking signs were as a result of the feedback received from the neighborhood adjacent to the park. The loss of revenue from the carnivals will be recovered from the City no longer having to pay for the use of Godinez joint facilities. The neighborhood also suggested the construction of sidewalks on the Edinger Bridge over the Santa Ana River. The cost estimate for this project is $672,012. Staff will pursue identifying funding opportunities to consider implementing this project in the future as funds become available. FISCAL IMPACT Staff estimates an annual cost savings of $10,000 - $18,000 in the Recreation Other Contract Services account (no.01113230 62300). APPROVED AS TO FUNDS AND ACCOUNT: erardo Mouet, Francisco Gutierrez, Executive Director ~ Executive Director Parks, Rec. and Corr Svcs. Finance and Mgt. Svcs. Agency Exhibit 1: Aerial Look of Home Run Fence Concept on Godinez High School Baseball Diamonds 25E-2 Aerial Look of Home Run Fence Concept on Godinez High School Baseball Diamonds R , ~ r~~n rr,~"~~ ~~~~s~ ~z.o.oa _ 4. . a.. ~ Exhibit 1 25E-3 25E-4 Recorded is Requested by, and when recorded, please mail to: Clerk of the Council City of Santa Ana P.O. Box 1988 (M- 30) Santa Ana, California 92702 Space Above This Line for Recorder's Office NO FEE: GOVERNMENT CODE SECTION 6103 FIRST AMENDMENT TO JOINT USE AGREEMENT AND COVENANT BY AND BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA THIS First Amendment to Joint Use Covenant and Agreement ("AMENDMENT") is dated as of this II day of , 2010, by and between the Santa Ana Unified School District ("District"), a public school district duly organized and existing under the laws of the state of California, and the City of Santa Ana ("City"), a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California. RECITALS: WHEREAS, the City owns and operates Centennial Park; and, WHEREAS, the City acquired Centennial Park from the U.S. Government subject to the condition that it forever be dedicated and set aside for recreational purposes (the "Federal Use Restrictions"); and, WHEREAS, District and City entered into that certain Ground Lease and Option Agreement dated June 2002 (the "Lease") by which the City leased approximately 18.84 acres of Centennial Park to the District on which the District constructed and operates a performing arts center and athletic facilities (the "Joint Use Property") as part of Hector Godinez High School; and, WHEREAS, concurrent with approval of the Lease, the City and the District entered into that certain Joint Use and Covenant dated June 2, 2002 (the "Joint Use Agreement") to make use of the Joint Use Facilities to maximize the beneficial use of the land and facilities for the entire community and in furtherance of the Federal Use Restrictions. WHEREAS, the District has sought the consent of the City to make certain physical modifications to the Joint Use Facilities which requires amendment to provisions of the Joint Use Agreement. WHEREAS, the City is willing to approve those amendments in exchange for changes to fiscal provisions of Joint Use Agreement to enhance City scheduling of Joint Use Facilities. 1 25E-5 WHEREFORE, in consideration of the covenants contained in the Lease Agreement and the Joint Use Agreement, and subject to all the terms and conditions of said Joint Use Agreement, the parties agree as follows: 1. SECTION 8. is hereby amended to read as follows: "8. CITY CONTRIBUTION FOR CUSTODIAL, UTILITY AND MAINTENANCE The District and the City understand and agree that a material aspect of the City's consideration for agreeing to convey the land for the High School is obtaining the perpetual right to use the Joint Use Facilities for City programming purposes. The District and the City also understand and agree that it is impracticable to accurately calculate the incremental costs (if any) to the District to permit the City usages contemplated herein, particularly taking into consideration the potential for other community uses (without contribution to costs) if the City rights were not exercised. Therefore, the parties hereby agree that the City's obligation to contribute to the District's costs for custodial, utility and maintenance expense will be limited to the following, recognizing that such contribution may or may not fully compensate the District for its actual incremental costs attributable to the City's exercise of its rights hereunder. A. The City shall reimburse the District on a monthly basis (or as otherwise agreed by the Technical Advisory Committee) for a pro rata share of actual electrical utility costs incurred by the District attributable to the times that the City uses the Joint Use Facilities. Where feasible, the District shall install separate metering technology to measure City use vs. District use. Otherwise, the pro rata share shall be established from time to time by the Technical Advisory Committee based upon actual usage by the City and actual electrical utility costs incurred by the District. B. The City shall reimburse the District annually for its pro rata share of cost of reseeding and repair of the Athletic Fields. The City's contribution to these costs shall be based on a calculated estimate of the percentage of active use of the fields by the City compared to active use by the District, multiplied by the actual cost incurred by the District. C. As its contribution to regular custodial services expense for use of all Joint Use Facilities, the City shall pay to the District, for each third-party operated fee based program scheduled through the City's reservation system, $1.00 for each registered participant plus a payment of $10.00 per day per facility used (e.g. $10 .00 each for use of the auditorium, the band room, athletic field, gymnasium, and/or a classroom.)" 2. SECTION 11. is hereby amended to read as follows: "11. RESTRICTIONS ON FENCING. A. Except as provided in B, below, the Athletic Fields and hard courts shall not be fenced off from the remainder of Centennial Park so as to maximize the joint use potential of the facilities. The design of the other Joint Use Facilities shall ensure reasonable access from the City's facilities in Centennial Park without access through the school campus." 2 25E-6 B. The restrictions in A, above, shall not prohibit the District from constructing and maintaining fencing necessary to establish an outfield barrier for each of the two baseball fields to be in place only during the high school baseball season. The fences shall be composed of chain link, shall not exceed six (6) feet in height, shall be limited to extending only from one from one foul line to the other, and shall be designed to be removed when not in use. There shall be no fences along the foul lines except for foul ball protective fences from home plate to the outer edge of the infield. The exact location and design of the fences permitted by this paragraph shall be subject to the reasonable approval of the City's Executive Director of Parks and Recreation. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this AGREEMENT has been duly approved by both DISTRICT and CITY. Santa Ana Unified School District, City of Santa Ana Jane Russo David N. Ream Superintendent City Manager Audrey Yamagata-Noji, Ph.D President of the Board Attest: Attest: Jose Alfredo Hernandez, J.D. Maria D. Huizar Clerk of the Board Clerk of the Council Approved as to Form: Approved as to Form: Name: Joseph W. Fletcher District Legal Counsel City Attorney 3 25E-7 25E-8