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HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (14)A-2002-101 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 JOINT USE AGREEMENT AND COVENANT BY AND BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA THIS Joint Use Covenant and Agreement ("AGREEMENT") is dated as of June 3, 2002, 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 with the City of Santa Ana, depicted on the map attached hereto as Exhibit "A"; 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; and WHEREAS, District has sought City's agreement to convey approximately 18.84 acres of Centennial Park to the District for use as a site for a performing arts center and athletic facilities (hereinafter defined as the Joint Use Property) to support Hector Godinez Fundamental High School being developed at Centennial Park; and, WHEREAS, concurrent with approval of this Agreement, the City has agreed to convey the Joint Use Property in consideration for this covenant to make use of the High School facilities, primarily those on the parkland, for community and City purposes so as to maximize the beneficial use of the land and facilities for the entire community. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: C'- 1. DEFINITIONS The following definitions shall apply to the terms as used in this Agreement: A. "Joint Use Property" shall mean that certain real property and improvements thereon described in Exhibit "B" attached hereto. B. "Joint Use Facilities" shall mean all building, facilities, fields and other improvements currently or later constructed on the Joint Use Property including but not limited to the: gymnasium (excluding the weight room and locker rooms), public restrooms, aquatic facilities (when developed), performing arts facility, band, choir and visual arts facilities, sports fields and courts, parking structure, and (to the extent located on the Joint Use Property) classrooms. To the extent that any of the foregoing facilities are ultimately developed elsewhere on the High School but not on the Joint Use Property, all of the terms of this Agreement shall extend to those facilities in order that the full intent of this Agreement is carried out. C. "Technical Advisory Committee" shall mean that certain committee appointed by the City Manager of the City and the Superintendent of the District pursuant to this Agreement, which shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities. D "Regular School Hours" shall mean 6:00 am through 6:00 pm, Monday through Friday (excluding state and national holiday observed by the District) unless changed by agreement of the parties. E. "District Time" shall mean the time during Regular School Hours, when the District shall have the right to schedule use of the Joint Use Facilities. F. "City Time" shall mean those days and hours, outside of Regular School Hours, when the City shall have the right to schedule use of the Joint Use Facilities. G. "Athletic Fields" shall mean the high school athletic fields as described in this Agreement, but shall not include replacement softball fields or other replacement facilities of the City. 2. PROPERTY BURDENED This Agreement constitutes a covenant and obligation running with the land burdening the Joint Use Property. 3. FACILITIES BURDENED The City shall have the right to use all of the Joint Use Facilities, subject only to the restrictions set forth below. As part of this Agreement, the District shall also permit the City to use classrooms and other educational facilities not on the Joint Use Property or covered by this Agreement at locations and in numbers approved by the District consistent with the purposes of This Agreement. 2 • • 4. TERM AND COMMENCEMENT This AGREEMENT shall commence on the Commencement Date (as defined in Section 18), and shall continue in perpetuity unless terminated as hereinafter provided. 5. PERMITTED USE OF FACILITIES The rights of the City to schedule use of the Joint Use Facilities shall be determined based on the following. A. DISTRICT TIME: District shall have the right, without prior consent of the City, to schedule use of the Joint Use Facilities during Regular School Hours for both the regular school year and any summer school. B. CITY TIME: City shall have the right at its discretion to schedule activities in the Joint Use Facilities, provided that the times are not in conflict with District Time or activities previously approved by the Technical Advisory Committee. For each of the following Joint Use Facilities, the City Time shall be on the following days and for the following hours: Gymnasium, Aquatic Center (when developed), Performing Arts, Band, Choir and Visual Arts Facilities School year: Mon - Fri 6 pm- 10 pm Sat - Sun 8 am - 10 pm Summer & Holidays: Mon - Sun 8 am - 10 pm Mon - Sun 1 pm - 10 pm (during Summer School) Special Use of Performing Arts Facility by City designees Mon 6 pm - 10 pm year round Two rooms for rehearsals Sports Fields and Courts School year: Mon - Fri 6 pm - midnight Sat - Sun 8 am - midnight Summer & Holidays Mon - Sun 8 am - midnight Mon - Sun 1 pm - midnight (during Summer School) 3 LI Parking Structure School year: Mon - Fri 5 pm - midnight Sat - Sun 8 am - midnight E Summer & Holidays Mon - Fri 1 pm - midnight (during Summer School) Mon - Sun 8 am - midnight C. During City Time, the City shall be entitled to schedule or program any and all of the following activities. These are intended to be descriptive in nature and shall be interpreted broadly. The City may directly conduct the programs or do so through a third party permittees, so long as done in the same manner and under same conditions for programming in other City facilities and meets any applicable State or Federal anti-discrimination requirements or school- site safety standards such as prohibition of alcoholic beverages and tobacco. Gymnasium • Youth Basketball ¦ Volleyball ¦ Martial Arts/Self-Defense Classes ¦ Fitness Classes • Gymnastics Program ¦ Exercise Classes • Open Gymnasium Use Aquatic Center (when developed) • Water Aerobics • Lap Swim • Water Polo ¦ Recreation Swim • Senior Swim Sports Fields and Courts • Soccer ¦ Softball/Baseball ¦ Football ¦ Track & Field • Basketball 4 • E Performing Arts Center-- Use by City-designated groups which may (without limitation) include the following: • Arts In Person ¦ Pacific Symphony Youth Orchestra ¦ Santa Ana Winds ¦ Front Row Center & Broadway On Tour (Children's Theater) • Opera Pacific ¦ Pacific Chorale ¦ Visual Art Display Band, Choir and Visual Arts Faciliti • After School Arts and Visual Arts • Chorus ¦ Dance ¦ Theatre • Piano • Digital Arts Special Events Programming (various facilities) • Classes ¦ After School Arts ¦ Community meetings ¦ Teen Clubs Parking Garage ¦ Parking for City Time participants • Centennial Park Visitors D. City reserves the right to charge a reservation and use fee for use of Joint Use Facilities and, subject only to the provisions of Section 8, to retain the revenue generated from City reservations and City use fees. E. The City will use its best efforts to retain qualifying District employees and students for positions which will be involved in conducting and supervising City programs in the Joint Use Facilities. 6. SCHEDULING USE OF JOINT USE FACILITIES/TECHNICAL ADVISORY COMMITTEE The City Manager of the City (the "City Manager") and the Superintendent of the District (the "Superintendent") are authorized and directed to create the Technical Advisory Committee which shall meet no less than once every 2 months to agree upon scheduling of the Joint Use Facilities for the succeeding 4 months. The Technical Advisory Committee shall be composed of up to 4 5 0 0 persons, 2 each appointed by the City Manager and the Superintendent (and may include the City Manager and/or the Superintendent). The Technical Advisory Committee shall be responsible for resolving conflicts in scheduling City Time. The District and the City agree to submit a list of activities each seeks to schedule in the Joint Use Facilities during City Time, at least 4 months in advance. The District and the City recognize and agree that the purpose of this Agreement is to ensure the Joint Use Facilities are of benefit to all of the community, particularly its young people. As such the City acknowledges that a full-service high school utilizes significant amounts of time outside of Regular School Hours for student activities, and that the District does not always have unilateral control over scheduling of after-school activities, particularly in the area of athletics. The parties acknowledge that at various times, and particularly on weekdays during the school year, there will be times when the District will need to use some of the Joint Use Facilities during City Time. Therefore, the Technical Advisory Committee will approve District use during City Time for any such activities for students of the High School. Without limiting the generality of the foregoing, the Technical Advisory Committee will approve District use during City Time for those activities even when the use/activity was not previously included on the list of activities submitted by the District as required by this Section, where the need for such use or activity arose subsequent to the submission of that list for reasons beyond the District's control. Examples (without limitation) include rescheduling of athletic events due to rain delays of previously scheduled events, and scheduling additional athletic events beyond regular season events where a school team advances to playoff-level games. Likewise, the District acknowledges that the facility is intended to serve the entire community, and therefore it needs to take special effort to minimize District use of the Joint Use Facilities during City Time. Therefore, the Technical Advisory Committee is to use all reasonable efforts to cause the scheduling of other District facilities whenever it is considering use of the Joint Use Facilities for a District activity during City Time that is not primarily for the benefit of students of the High School. In the event it so determines, and the City has a need for such facilities, then the District will make another District-owned facility available to the City or its designees or permittees under the same terms as this Agreement. The Technical Advisory Committee will also be responsible for scheduling periods where Athletic Fields, courts and other Joint Use Facilities will be unavailable to both the City and the District in order to allow replanting, reseeding or repair of grass areas, resurfacing of courts, and other necessary maintenance or repair work. In establishing such periods, the Technical Advisory Committee shall take into consideration scheduling needs of the High School's athletic and physical education programs. For the purpose of example, the football field may need to be closed for two separate periods of up to eight weeks each year for replanting, reseeding and restoration. The Technical Advisory Committee should attempt to schedule these closure periods during the football program's season break and during the summer immediately prior to the commencement of the football so as to minimize impact on the football program. Similar periodic closures [although possibly for different lengths and at different times through out the 6 • • year] will be needed to perform similar field maintenance activities with respect to baseball, softball and soccer fields; all such periodic closures shall be scheduled to minimize disruption of the District's baseball, softball and soccer programs, while still respecting to the extent possible the purpose of this agreement to facilitate use by the City. Members of the Technical Advisory Committee will also be empowered to discuss and resolve conflicts in implementing all other provisions of this Agreement. Either party may submit issues related to maintenance, security, programming or other issue which may arise from time to time, and both parties agree to cooperate in good faith to resolve matters through the Committee. The unanimous consent of the Technical Advisory Committee shall not be required to resolve a question posed to the Technical Advisory Committee, provided that (a) reasonable effort is made to contact all members and to allow them to participate in the resolution, and (b) at least one City-appointed member and one District-appointed member agree upon the resolution of the question. 7. PROGRAMMING OUTSIDE OF AGREEMENT In addition to City Time, the City and District agree to cooperate throughout the term of this agreement to permit the City to use the Joint Use Facilities for programming as programs are identified from time to time by the City subject to general District scheduling procedures and regulations. In general the hours may be from 3:00 pm - 10:00 pm during the school year and 7:00 am - 10 pm during the Summer and Holidays. City shall have use of Joint Use Facilities for special programs and special events as available. 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. 7 0 0 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 as follows: (i) for each City-operated fee based program $1.00 for each registered participant; or, (ii) for each third-party-operated fee based program, 33% of any fee or charge the City receives from the third party operator; and, (iii) 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.) 9. SUPERVISORY AND SECURITY OBLIGATIONS OF CITY The City shall be entitled access via keys or other access devices to Joint Use Facilities. The City shall use those keys or access devices only to gain access to the Joint Use Facilities during times when the City has scheduled the use of the Joint Use Facilities. The City shall provide a level of supervision and security commensurate with that provided at City-owned facilities at all times while using the Joint Use Facilities (and for reasonable periods of time immediately prior to an following such use). The District shall perform all custodial services relative to the Joint Use Facilities (although the District shall have no obligation to supervise recreational activities conducted at the Joint Use Facilities by the City or by third parties to whom the City has granted the use of the Joint Use Facilities pursuant to this Agreement). The City shall regularly inspect all fields and other facilities prior to use and note any concerns to the district for repair. The City shall pay for any damages of Joint Use Facilities and equipment caused by the City's usage and/or by usage of third-parties approved by the City. 10. OBLIGATIONS OF DISTRICT During the term of this AGREEMENT, DISTRICT hereby covenants and agrees to the following: A. Allow CITY to lawfully and peacefully use and enjoy the Joint Use Facilities in accordance with the terms of this Agreement. B. Perform the usual maintenance of the Joint Use Faculties as required under normal working conditions and fair wear and tear. 11. RESTRICTIONS ON FENCING. 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 8 • Facilities shall ensure reasonable access from the City's facilities in Centennial Park without access through the school campus. 12. RESERVED. 13. EQUIPMENT USE: Each entity is responsible for providing its own equipment, materials and supplies for its own programs. The parties may agree to share use of certain specific items, such as school classroom desks, tables, chairs, computers, chalkboards, etc. If equipment is damaged or destroyed during a specific program or event, the entity responsible for the program or event shall pay for the damage or destruction under the insurance deductible(s). The entity that insured the property will file claim(s) with its insurer(s) if the damage or loss is greater than the insurance deductible(s). 14. LIABILITY AND INDEMNIFICATION A. The City shall be financially responsible for damages caused by City use under this Agreement. B. The City shall indemnify, defend, and hold harmless District, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with activities or programs sponsored by City under this Agreement, third party activities programmed or sponsored by the City, and City programming outside of City Time, except those which arise out of a dangerous/defective condition of District property or due to the sole negligence of the District. C. The District shall indemnify, defend, and hold harmless the City, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of its operation of the High School, including use, operation, maintenance and repair of the Joint Use Facilities, except as provided in "B" above. 15. INSURANCE Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self- insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. 16. APPLICABILITY OF CIVIC CENTER ACT The City acknowledges that with respect to those portions of the High School that are not subject to this Agreement, the District is required to and shall comply with the "Civic Center Act" as codified at Education Code sections 38130 through 38139. Nothing contained herein shall prevent the District from making said exclusively-controlled portions of the High School available to groups and individuals as authorized and/or directed by the Civic Center Act. 9 0 • Furthermore, during all times (including both District Time and City Time) when neither the District, the City, nor the City's designees or permittees are scheduled to use the Joint Use Facilities, the Technical Advisory Committee shall make the joint use Joint Use Facilities available for third-party use pursuant to the provisions of the Civic Center Act. 17. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: Assistant Superintendent of Budget, Facilities and Personnel 18. COMMENCEMENT DATE This Agreement and the duties and obligations contained herein shall become effective only upon the Commencement Date (as defined therein) of that certain Ground Lease Agreement dated even herewith. 19. SEVERABILITY AND APPLICABLE LAW Whenever possible, each provision of this AGREEMENT shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT shall be invalid under the applicable law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision, or the remaining provisions of 10 0 0 this AGREEMENT. This AGREEMENT has been made and entered into in the State of California and the laws of said State shall govern the validity and interpretation hereof and the parties' performance hereunder. 20. AMENDMENTS This AGREEMENT sets forth the entire understanding between the parties with respect to existing and future school and park facilities. Any and all agreements between the parties in existence at the time of the signing of this AGREEMENT shall remain in full force and effect and shall supplement this AGREEMENT. Any modifications must be in the form of a written amendment agreed to by both parties. 21. REMEDIES FOR BREACH Any material breach of this Agreement alleged by either party shall be subject of notification in writing to the alleged breaching party, as provided herein. Each party shall be accorded a 60-day period from actual receipt of written notification to cure each and every breach identified in the notification. Failure to provide notification in writing an the opportunity to cure any alleged breach shall constitute a waiver of that breach of the Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation and/or arbitration by a mediator/arbitrator agreeable to both parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the exclusive remedy for enforcement of the rights and responsibilities of all parties subject to this Agreement. 22. BINDING EFFECTIASSIGNMENT This AGREEMENT and all the terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective successors. This Agreement shall not be assignable by either Party. IN WITNESS WHEREOF, this AGREEMENT has been duly approved by both DISTRICT and CITY. [Signatures provided on next page] The "District" Santa Ana Unified School District, a political subdivision of the State of California i By: , AY,Mijares,', SuperinteWent By: Jo 0'Palacio P sident of the Board Atte By:? Rosemarie Avila Clerk of the Board Approved as to Form: Alvarado, Smith & Sanchez General Counsel By: Ruben A. Smith 0 The "City" City of Santa Ana A Charter City/ By: -- David N. Ream City Manager Attest: ,- By: Patricia E. Healy Clerk of the Council Approved as to Form: By 12 C.16.k.4 NO i..;.i nk.4.-..-L 1%--& :-1 n--i- 0 9 Exhibit T Legal Description Portions of Lots 1 & 4 of Tract 1024, as shown on a map recorded in Book 33, Page 33 of Miscellaneous Maps, records of Orange County, California, and a portion of Section 22, Township 5 South, Range 10 West, in the Rancho Las Bolsas, per map recorded in Book 51, Page 12 of Miscellaneous Maps, records of Orange County, more particularly described as follows: Beginning at the southwesterly corner of said Lot 1; thence, northerly along the westerly line of said Lot 1 N. 00°59'00" W. 12.33 feet to the True Point of Beginning; thence, N. 00°59'00" W. 174.02 feet; thence, 2. N. 89°29'03" E. 577.06 feet; thence, 3. N. 89°13'55" E. 236.59 feet to a non-tangential curve concave to the northwest having a radius of 239.60 feet, a radial to said point bears S. 24°04' 19" E.; thence, 4. Northeasterly along said curve through an angle of 10°29'54" a distance of 43.90 feet to a reverse curve concave to the southeast having a radius of 210.60 feet, a radial to said point bears N. 29°15'28" W.; thence, 5. Northeasterly along said curve through an angle of 14°47'43" a distance of 54.38 feet to a non-tangent line, a radial to said point bears N. 14°27'45" W.; thence, 6. N. 09°02'44" E. 432.59 feet to a non-tangential curve concave to the west having a radius of 1,007.44 feet, a radial to said point bears S. 83°10'29" E.; thence, 7. Northwesterly along said curve through an angle of 22°35' 14" a distance of 397.15 feet, a radial to said point bears N. 74°14' 18" E.; thence, 8. S. 88°25'38" W. 318.65 feet; thence, 9. S. 01 034'22" E. 3.53 feet to a tangential curve concave to the north having a radius of 43.00 feet, a radial to said point bears N. 88°25'38" E.; thence, 10. Southwesterly along said curve through an angle of 180°00'00" a distance of 135.09 feet, a radial to said point bears S. 88°25'38" W.; thence, 11. N. 01 034'26" W. 23.23 feet; thence, 12. S. 88°21'21" W. 303.26 feet; thence, 13. S. 00°30'49" E. 166.40 feet; thence, 14. S. 89°30'37" W. 92.76 feet; thence, 15. S. 00°30'57" E. 496.18 feet; thence, pace 7 of 2 16. S. 89°29'03" W. 146.33 feet; thence, 17. S. 00°30'57" E. 45.83 feet; thence, 18. S. 89°29'03" W. 8.00 feet; thence, 19. S. 00°30'57" E. 136.99 feet to a non-tangential curve concave to the northeast having a radius of 541.61 feet, a radial to said point bears S. 00°33'52" W.; thence, 20. Northwesterly along said curve through an angle of 36°29'32" a distance of 344.96 feet, a radial to said point bears S. 37°03'24" W.; thence, 21. S. 37°35'33" W. 80.68 feet to a non-tangential curve concave to the northwest having a radius of 121.85 feet, a radial to said point bears S. 55°46'36" E.; thence, 22. Southwesterly along said curve through an angle of 48°52'21" a distance of 103.94 feet to a compound curve concave to the northwest having a radius of 248.67 feet; thence, 23. Southwesterly along said curve through an angle of 07°55'49" a distance of 34.42 feet, a radial to said point bears S. 03°10'12" W.; thence, 24. S. 01 '10'23" W. 183.62 feet; thence, 25. S. 89°20'00" E. 505.74 feet to the True Point of Beginning. The area of above-described land is 820,846 square feet, more or less. page 2 of 2 Centennial Park 41 Exhibit "B" Page 3 4 • 1 O O -. N o :03.26' a u u N88.25'38"E Y N • 4 > O K i N89.30'37'E ; 5.76'; 1 l I= a dl v 4 p I0 O F f T ' O N N89.29' 03'E ,tom z t + . ?S s g •?y N ?. >? soy = N89• ?9'Q3' NE 89.29'20'E N89. 28 1.3, 0' 5S'E N89.23'20'E n 577.06'- BTt. 22, N89.26 ,oo 312.38' N = 29.65. a. p O V , N? 4 • °' 2 1+1.871.32 so. ff. o u 0 3.39 acres 151 / r > _ •2 e M89.29'00'E P? +91.93' ^ o . 109.056.27 sq. ft. 3 ? b u pz 2.50 ogres 9 / +59.797.30 sa. ft. b 10.56 ocres / .lo nr. ? O O N39'+0'53'E '3fsT7'A"- o ++•.183.20 34. ft.Z ; 1.01 certs ??h N89-11'16-E _- - +o+.e6• .. z .w 10 1+0.75+.66 sq. ft. r -? 3.23 acres hn, s N89•+ c _ 712.53' ? ? ' Op O 47T. a i 21T.37ri • • CONSENT CALENDAR MOTION: Bist VOTE: AYES: NOES: SECOND: Alvarez Alvarez, Bist, Franklin, McGuigan, Pulido, Solorio (6) Christy (1) ABSENT: None (0) *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR RESOLUTION 55.A. AGMT NO. 2002-101 & 2002-01A - CENTENNIAL REGIONAL PARK LEASE/OPTION AND JOINT USE AGREEMENTS WITH SANTA ANA UNIFIED SCHOOL DISTRICT Santa Ana Unified School District Superintendent Dr. Al Mijares presented Council with a detailed report on the project. Dr. Mijares explained that currently, four high schools combined serve 12,300 students, which averages o ver 3 000 s tudents at a ach s chool. H e n oted t hat this f igure would be significantly higher in five years and that the high school at Centennial Park was desperately needed. The proposed high school has been designated as a fundamental school focusing on science and technology, will serve grades 9-12, and, is projected to open in 2005 with an enrollment of 2,500. At this time there is no fundamental high school in Santa Ana. Dr. Mijares further outlined the opportunities for joint use and provided details on t he recreational facilities t hat h ave b een s pecified i n t he j oint use agreement with the City. He stated that the proposed high school will not only reduce over-crowding in the City's high schools but will increase athletic areas as well as provide a performing arts center. The following members of the public spoke on the project: Patricia A. Michel, representing the Windsor Village Neighborhood Association expressed concerns relative to the taking of open space for use by the school. CITY COUNCIL MINUTES 209 JUNE 3, 2002 • Cl BUSINESS CALENDAR Steve McGuigan noted that the open space recommendation by the State of California is 10 acres per 1000 population; the current average ratio in urban cities is 6 acres per 1000 population. With the reduction of 18 acres of parkland in Centennial Park, the ratio in Santa Ana will be .88 acres per 1000 population. He also expressed concern that only Santa Ana Unified students can attend the fundamental high school at Centennial Park, and that some west end students will not be able to attend because they are in another school district. Cheryl Brothers, Board of Directors, Discovery Museum reported that the Discovery Museum and the Santa Ana Unified School District have been in negotiations for a long time. The Discovery Museum has gone forward with negotiations with the school district; however, there are still a few outstanding issues. These issues have been raised more than 6 months ago, but the parties have not had an opportunity to sit down and discuss these issues. Ms. Brothers emphasized that the two sides are very close to an agreement, and that the Discovery Museum was ready and willing to meet and work out the last two remaining issues and asked if the City would like to participate in these discussions. Robert Henson, Sr. expressed concern relative to the loss of vital green space, and that students west of the Santa Ana River attending Garden Grove District schools will not have access to the park or the school. Nancy Lutz, member, Board of Directors of the Discovery Museum, asked the City Manager or City Attorney to explain the arrangement between the Santa Ana Unified School District and the City so that that board will have clarity as to what needs to be done in order for the school district to gain the rights to the park property. She noted that there were still two outstanding issues that are of concern to the Board. Joe Fletcher, City Attorney explained that under the terms of the ground use and option agreement the lease becomes effective only upon delivery of evidence to the reasonable satisfaction of the City Manager of compliance with ten pre-conditions. He further noted that one of these provisions is final agreement for the termination of rights to a portion of the District property by the Discovery Museum of Orange County. Mayor Pulido asked the City Manager to assist in the negotiations with the School District and the Discovery Museum and report to the City Council in 90 days with a status report on this matter. CITY COUNCIL MINUTES 210 JUNE 3, 2002 0 • BUSINESS CALENDAR Councilmember Alvarez expressed concern about the timeline for completing the agreement between the District and the Discovery Museum. She noted that the Discovery Museum had expressed a willingness to have the City participate in facilitating the agreement and asked Dr. Mijares if the School District could make the same commitment. Dr. M ijares responded t hat t he S chool D istrict w as willing t o a ccept t he City's assistance, however, the District needs to quickly bring certainty to the project to obtain state funds. Council discussion ensued. Councilmember Solorio noted that more facilities would be open after school hours for athletic and recreational uses. Mayor Pulido noted that the City was not giving up green space, but enhancing the area, because currently there are approximately ten acres of undeveloped brown space that will be developed. Mayor Pro Tern McGuigan stated that she could not support the project because of t he I oss of o pen s pace, t he requirement t hat students m ust reside in the Santa Ana Unified School District boundaries, overflow parking in the neighborhoods, and traffic impacts. Councilmember Bist thanked Mayor Pro Tern McGuigan for her vigilance in reviewing the project environmental impact report and for fighting for a better agreement for the City and residents. Councilmember Christy stated the importance of protecting the interests of all concerned parties. Councilmember Alvarez expressed concerns relative to delegating any decision making authority to any agency other than the City. Following Council discussion the following motion was adopted. Motion: 1. Adopt resolution. RESOLUTION NO. 2002-047 - A resolution of the City Council of Santa Ana approving a ground lease/option agreement and joint use agreement with the Santa Ana Unified School District for the construction of Hector G. Godinez Fundamental High School at Centennial Regional Park and approving environmental documentation prepared in connection therewith - Parks, Recreation, and Community Services Agency 2. Instruct the City Manager to report back to the City Council within 90 days on the progress of negotiations between the Discovery Museum and Santa Ana Unified School District. MOTION: Alvarez SECOND: Solorio CITY COUNCIL MINUTES 211 JUNE 3, 2002 9 BUSINESS CALENDAR VOTE: AYES: Alvarez, Bist, Solorio (6) NOES: McGuigan (1) ABSENT: None (0) Christy, Franklin, Pulido, THE COUNCIL RECESSED AT 9:08 P.M. AND RECONVENED AT 9:25 P.M. WITH THE SAME MEMBERS PRESENT PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION NO. 2002-04 AND CONDITIONAL USE PERMIT NOS. 2002-01, 2002-03, 2002-04, 2002-05 & 2002-06: 1810- 1816 NORTH TUSTIN AVENUE Public Hearing continued from the April 1 and 15, and May 6 and 20, 2002 Council meetings. Consider changing the zone from C1 Community Commercial to C2 General Commercial at the northwest corner of Tustin and Seventeenth Streets to facilitate the construction of two drive-through restaurants, a new gas station a nd m ini-mart with operation between 12 m idnight and 5:00 a.m., a Type 20 ABC Liquor License (off-premise beer and wine), and an enclosed car wash. Legal Notice published in the Orange County Register and mailed on March 22, 2002. Recommended Action approved by the Planning Commission on March 11, 2002 by a 7-0 vote. Motion: Continue matter indefinitely. MOTION: Bist SECOND: Christy VOTE: AYES: Alvarez, Bist, Christy, Franklin, McGuigan, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) Applicant: Park/Gibbs Development Company for the Hull Family Trust and Exxon-Mobil Fuels Company CITY COUNCIL MINUTES 212 JUNE 3, 2002 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2002 TITLE: RESOLUTION - CENTENNIAL REGIONAL PARK LEASE/OPTION AND JOINT USE AGREEMENTS WITH SANTA ANA 7IED SCHOOL DISTRICT-1 APPROVED ? -As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO • education Isr CLERK OF COUNCIL USE ONLY: CITY MANAGER RECOMMENDED ACTION FILE NUMBER Pt --:1-6%L - ICS I , A- g06 a::L " PC60 Boa.-d r7 Adopt a resolution approving a?Ground Lease/Option Agreement and'Joint Use Agreemen* with the Santa Ana Unified School District for the construction of Hector G. Godinez Fundamental High School at Centennial Regional Park and approving environmental documentation prepared in connection therewith. DISCUSSION The Santa Ana Unified School District has an 60,000 students making it the largest school The enrollment has grown more than 23 percent projected to continue growing over the next 1 in student population required the Santa Ana address an aggressive construction program schools and build new schools. enrollment of approximately district in Orange County. in the past 10 years and is 0 years. This rapid growth Unified School District to to modernize the existing One of the proposed new high schools, designed to accommodate approximately 2,500 students, is to be located on Centennial Regional Park and the Mountain View High School/Orange County Discovery Museum site. This project will require the District to lease park property from the City. In order to accommodate this lease the City must address the following conditions: • Centennial Regional Park Deed Restrictions: The property at Centennial Regional Park was acquired from the federal government with the requirement that the land be used solely for recreational purposes and the National Park Service must approve any improvements on the site. 55A • • Resolution - Centennial Regional Park Agreements with Santa Ana Unified School District June 3, 2002 Page 2 • Development Agreement with the County of Orange: An agreement was approved in 1976 between the City of Santa Ana and the County of Orange for the development and maintenance of Centennial Regional Park. The agreement requires the City and County to share 50 percent in the revenue and maintenance costs of park operations. Certain areas in the park were left undeveloped for revenue producing concession opportunities. Currently the County reimburses the City approximately $125,000 per year to off set operational costs. HECTOR GODINEZ FUNDAMENTAL HIGH SCHOOL IN CENTENNIAL REGIONAL PARK All the recreational and sports activities for the school are planned on park property and all the educational elements are planned on district property. These arrangements are designed to fulfill the conditions of the deed restrictions in order to obtain National Park Service approval of the proposed high school concept. Facilities include an Administration Building, School Library, Student Center, Visual Arts, Food facility, Music Building, Performing Arts Facility, Gymnasium, Parking Structure, Baseball and Soccer fields, Football field, and Track and Basketball courts. Approximately 18.84 acres of park property will be leased to the district for the sports, arts and support facility development and 5.89 acres of district property will be used for the classrooms and educational facilities. The plans to accommodate these improvements will require the relocation or reconstruction of two existing ball fields, relocation of the existing park maintenance facility, reconstruction of the existing park restrooms and reorientation of the existing soccer field and cricket field on City property. The architectural firm Villanueva/Arnoni and LPA Inc., under joint venture, was retained to design the high school to meet the needs of the District, the conditions of the City Council and the requirements of the Centennial Park deed restrictions. CITY COUNCIL CONDITIONS On August 7, 2000, the City Council approved the concept for the development of a high school on portions of Centennial Regional Park in partnership with the Santa Ana Unified School District subject to eight conditions: 1. Satisfactory resolution of the School District's issues with the Discovery Museum of Orange County. 2. Development of a mutually agreed to exemplary joint use agreement between the City of Santa Ana and the Santa Ana Unified School District for the use of facilities developed on the City's Centennial Park property. 55A • • Resolution - Centennial Regional Park Agreements with Santa Ana Unified School District June 3, 2002 Page 3 3. Support by the County of Orange to retain Centennial Park as an intricate part of the regional park system. 4. Agreement by the County of Orange to continue to jointly fund the maintenance of Centennial Regional Park under the terms and conditions of its existing agreement with the City of Santa Ana. 5. Development of a deign, which would maximize the community's use of the new facilities, including a major skate park, while protecting critical existing facilities such as the Fire Training Center and the Soccer Complex. 6. Development of a design that would exclude fencing and other restrictions for the community's long-term use of the facilities. 7. Attainment of necessary approvals from the federal, state and county agencies. 8. Development of a high school to be designated as a science and technology school. GROUND LEASE AND OPTION AGREEMENT • Term: 99 years with option to purchase approximately 18.84 acres of park property for $1.00, subject to concurrence of the National Park Service. • Lease to commence upon: 1. Final approval of the site and school improvements by the California Department of Education. 2. Final approval of the high school plans and specifications by the California Department of General Services Division of State Architect. 3. Allocation of construction funds by the California State Allocation Board (SAB). 4. Issuance of District financing in combination with SAB funds to complete school construction. 5. Final approval of the soils condition by the California Department of Toxic Substance Control. 6. Final approval of the Lease and Joint Use Agreement by the US Department of Interior. 7. Establishment of an escrow fund account. 8. Approval of final plans and specifications of the school by the District's Board of Trustees for all improvements and award of construction. 9. Approval of final agreement with the Discovery Museum of Orange County. • Improvements: 1. District to provide all improvements as identified on the final approved plans. 2. Parking Structure to be redesigned to a three-story structure to accommodate an additional 167 spaces (503 total spaces). 55A • • Resolution - Centennial Regional Park Agreements with Santa Ana Unified School District June 3, 2002 Page 4 3. District to install traffic signal at Centennial Road and Fairview and restripe for vehicular and pedestrian movement. 4. Fencing at the Performing Arts Facility shall not be chain link, but reflect the design quality of the facility. 5. District, at its option, shall construct or pay the City to construct the replacement of the existing ballfields on park property. District shall replace park restroom, in the event the ballfield relocation requires the removal of the restroom. 6. District, at its option, shall construct or pay the City to replace the existing Maintenance Facility and adjacent parking. 7. District shall install and maintain one monument sign indicating "Hector G. Godinez Fundamental High School at Centennial Regional Park". 8. District shall install 3 soccer fields. 9. All athletic fields and courts shall be lighted to permit nighttime use by City. 10. District shall provide space in school facilities for city use. • Financial Conditions: 1. District shall pay all required fees. 2. District shall set aside funds in an escrow fund for construction of improvements identified above. 3. In the event the County of Orange terminates the development agreement, the District agrees to pay the City the County's obligation estimated at $125;000 for three years. • Termination of Lease 1. If the District ceases operation of a full service educational facility. 2. If the District transfers or attempts to transfer property. of agreement. District shall have right to schedule hours including summer school and the City shall have the right to use facilities during hours after school and weekends. The City may charge a reservation fee and retain all JOINT USE AGREEMENT • Term: In perpetuity upon approval • Permitted Use of Facility: The facilities during regular school revenues. • Technical Advisory Committee: A Technical Advisory Committee will be appointed by the City Manager and District Superintendent to resolve any scheduling issues. The committee will be made up of 4 persons that will meet no less than every 2 months. • Contribution for Custodial, Utility and Maintenance Services: The City shall contribute to the district a pro rata share of actual 55A. • 0 Resolution - Centennial Regional Park Agreements with Santa Ana Unified School District June 3, 2002 Page 5 utility cost incurred by the City. The City shall also reimburse the District a pro rata share of reseeding and repairing the athletic fields, based on estimated percentage of use by the City. The City shall contribute to the District $1.00 per registered participant for city operated programs; 330 of any fee charged by third party operator and a payment of $10.00 per day per facility used. • Supervisory and Security Obligations: The City shall provide for supervisory and security responsibility during City uses of facilities and shall have key access to the facilities. On May 28, 2002, the SAUSD Board of Education approved the Joint Use and Lease Agreement with the City of Santa Ana and the Settlement Agreement and Revised Lease with the Discovery Museum of Orange County. FISCAL IMPACT There is no fiscal impact associated with this action. i Jon Rip" Ribble Executive Director Parks, Recreation and Community Services Agency 5?I, 5 • E JWF/05/30/02 RESOLUTION NO. 2002-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A GROUND LEASE/OPTION AGREEMENT AND JOINT USE AGREEMENT WITH THE SANTA ANA UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION OF HECTOR G. GODINEZ FUNDAMENTAL HIGH SCHOOL AT CENTENNIAL REGIONAL PARK AND APPROVING ENVIRONMENTAL DOCUMENTATION PREPARED IN CONNECTION THEREWITH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City owns and operates a regional public park commonly known as Centennial Park, and the Santa Ana Unified School District owns approximately 5.89 acres of land immediately south of and contiguous to the Park which is currently developed with a continuation high school known as Mountain View High School; B. The District seeks land from the City to construct Hector G. Godinez Fundamental High School at Centennial Park on which it will construct the school's athletic facilities including soccer, softball and baseball fields, tennis and basketball courts, a future swimming pool, a gymnasium, and a theater-arts facility (the "Joint Use Facilities") and the balance of the school on the District's adjacent property; C. The City is willing lease/option a portion of the Park containing approximately 18.84 acres ( the "City Land"), in exchange for the District's agreement to construct the school and to grant the City perpetual joint use rights to portions of the school; D. The District and the City recognize and agree that the purpose of this action is to ensure the Joint Use Facilities are of benefit to all of the community, particularly its young people. Section 2. The City Council has reviewed and considered the information contained in the Final Environmental Impact Report ("FEIR") prepared and certified with respect to this Project by the Board of Trustees of the Santa Ana Unified School District. 55A Resolution No. 2002-047 Page 1 of 3 The City Council has reviewed the FEIR, as a responsible agency, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, and on the basis of this review, the City Council finds that the FEIR is adequate for the Project and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. That certain Ground Lease and Option Agreement dated June 3, 2002 is hereby approved and the City Manager and the Clerk of the Council are hereby authorized and directed to execute same on behalf of the City, with such non- substantive changes as the City Manager and the City Attorney determine are valuable and/or necessary to implement the intent of the Council. Section 4. That certain Joint Use Agreement and Covenant dated June 3, 2002 is hereby approved and the City Manager and the Clerk of the Council are hereby authorized and directed to execute same on behalf of the City, with such non- substantive changes as the City Manager and the City Attorney determine are valuable and/or necessary to implement the intent of the Council. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2002. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph W. Fletcher, City Attorney Resolution No. 2002-047 Page 2 of 3° J5 0 0 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2002- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A Resolution No. 2002-047 Page 3 of 3