HomeMy WebLinkAbout20A - AA -AGMT - RSCCD LAND CONVERSIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 4, 2015
TITLE:
AGREEMENT WITH RANCHO SANTIAGO
COMMUNITY COLLEGE DISTRICT FOR
REIMBURSEMENT OF A LAND
CONVERSION EVALUATION CRITERIA
STU {S IC PLAN NO. 5,4A)
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
[J Ordinance on 1" Reading
C] Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with
Rancho Santiago Community College District for reimbursement of a land conversion
evaluation criteria study in the amount of $334,000, for a term to expire when the City is
fully reimbursed for the expenses or mutually agreed upon by both parties, subject to non -
substantive changes approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment recognizing funds in the amount of $334,000 in the
Recreation /Community Services Acquisition & Development revenue account and
appropriating the same amount to the Recreation /Community Services Acquisition &
Development expenditure accounts.
DISCUSSION
Centennial Park was obtained from the United States government with certain use restrictions,
which require the land to be used for public recreational purposes. The National Park Service
(NPS) is charged with interpreting and enforcing the use restrictions.
Through a license agreement in 1979, the City licensed approximately 1.76 acres within the Park
to the Rancho Santiago Community College District (District) to build and operate an educational
facility that was approved by the NPS, The district was later allowed to expand its Daycare area
east of the facility to Include a total of approximately 2.6 acres. The entire facility is known as
Centennial Career Education Center.
The 30 year license agreement was set to expire on November 2009, but has been extended
twice, to allow time for the District to vacate the site or work with the city on a possible land
conversion plan. The current amended license agreement expires in November 2019.
20A -1
Agreement with Rancho Santiago
Community College District
August 4, 2015
Page 2
The District has expressed interest to convert the license agreement into a long -term lease in
order to make improvements to its facilities. This request was initially denied by the NPS
because it did not satisfy the public recreational use restrictions.
A land conversion approved by NPS would effectively release the License Area from the use
restrictions and transfer the use restrictions to a new park site of equal size and value. Only then
can the city negotiate any type of land license for this area. The NPS has established a protocol
for land conversion approval which is identified as an Evaluation Criteria Study.
Under this process, the NPS has approved a City -owned parcel of 1.4 acres (McFadden /Orange
site). NPS indicated the 1.4 acre parcel is not of equal value to the 2.6 acres occupied by the
district. Two additional sites of 1.51 acres are being proposed by the City to NPS to fulfill the
equal land and recreational value requirement for the land conversion.
The District has previously reimbursed the City for costs associated with the earlier Evaluation
Criteria Study and wishes to reimburse the City for additional costs to be incurred in the
Evaluation Criteria Studies for the additional sites.
The City will proceed to work with the College District to submit the required park planning
documents for the land exchange to the National Park Service. In addition, City staff will discuss
with the District an alternative opportunity for the College District to move the Centennial Career
Education Center from their current location to the 3.5 acre undeveloped lot owned by the City
within the Centennial Park boundary. This lot has a federal deed restriction in that it can only be
used for educational purposes. In addition, staff will begin discussing with the College District the
concept of them using the Godinez High parking structure when available for adult education
student parking and providing a student shuttle from the structure to the campus site. The
purpose of this is to relieve parking congestion to help park users wishing to use the north side of
the park.
The city is requesting to enter into a reimbursement agreement with Rancho Santiago
Community College District in an amount not to exceed $334,000 for costs associated to the
Evaluation Criteria Study.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement
& Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy A (Support
the design and construction of parks to provide increased open space and opportunities for
recreation throughout the city, construct the Roosevelt Walker Park and Community Center, and
develop concepts and proposals for the Library Park in the Civic Center and Centennial Santa
Ana River Eco- Park).
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Agreement with Rancho Santiago
Community College District
August 4, 2015
Page 3
FISCAL IMPACT
The appropriation adjustment will recognize anticipated Rancho Santiago Community College
District Reimbursement revenue in the amount of $334,000 in the Recreation /Community
Services Acquisition & Development revenue account (no. 30113002 57304) and appropriating
the same amount to the Recreation /Community Services Acquisition & Development expenditure
accounts (no. 30113260 62300 )for the following fiscal year: FY 2015 -2016 - $334,000.
- A - r, � 4"' '." V , I �'
Gerardo Mou
Executive Dir for
Parks, Recre I tion and Community
Services Agency
EXHIBIT: Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gu errez,
Executive Director
Finance and Management Services Agency
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REIMBURSEMENT AGREEMENT FOR COMPLETION OF LAND CONVERSION
APPROVAL FOR CENTENNIAL EDUCATION CENTER
This Reimbursement Agreement for Completion of Land Conversion Approval for Centennial
Education Center ( "Agreement ") is made and entered into on August 4, 2015, by and between Rancho
Santiago Community College District ( "District ") and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California ( "City ").
RECITALS
A. The City owns Centennial Park in the City of Santa Ana.
B. The City obtained the land for Centennial Park from the United States government subject to
certain use restrictions imposed in the grant deed by which title to the land was conveyed to the
City ("Use Restrictions "). The Use Restrictions require the land to be used for public recreational
purposes. The National Park Service ( "NPS ") is charged with interpreting and enforcing the Use
Restrictions.
C. By License Agreement in 1979, the City licensed approximately 1.76 acres within the Park to the
District ( "License Area ") to build and operate an educational facility that was approved by the
NPS. The District was later allowed to expand the License Area to include a total of
approximately 2.6 acres. The entire facility is known as Centennial Education Center.
D. The License Agreement original expiration date was November 2009 and has been extended
twice, to allow time for the District to vacate the site or work with the City on a possible land
conversion plan. The License Agreement presently expires in November 2019.
E. The District has expressed its interest to convert the License Agreement into a long -term lease in
order to permit the District to make improvements to its facilities. This request was initially
denied by the NPS because it did not satisfy the Use Restrictions.
F, A long -tern lease may only be negotiated if a land conversion is approved by NPS, which would
effectively release the License Area from the Use Restrictions and transfer the Use Restrictions to
one or more new park sites of equal size and value. The NPS has established requirements for
land conversion approval under Section 6(f)(3) of the Land and Water Conservation Fund Act
that are more specifically delineated at 36 C.F.R. § 59.3 ( "Land Conversion Requirements ").
G. One City -owned parcel of 1.4 acres has already been identified and approved by NPS under this
process, and it is expected that two additional sites ( "Replacement Properties ") will be proposed
by the City to NPS for consideration in order to complete the land conversion. The Replacement
Properties are identified as follows:
Raiff and Myrtle Parcel 1.09 acres
Lacy Neighborhood Parcels .42 acres
Total 1.51 acres
H. The District has previously reimbursed the City for costs associated with the earlier land
conversion and wishes to reimburse the City for additional costs to be incurred to fulfill the Land
Conversion Requirements for the Replacement Properties.
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The parties therefore agree:
1. In consideration for the District's obligations in this Agreement, the City agrees to initiate
and pursue the Land Conversion Requirements and take all other actions necessary to obtain the NPS's
approval of the Replacement Properties and removal of the Use Restrictions from the License Area in
order to allow the City and the District to enter into negotiations for a long -term lease of the License
Area.
2. The District agrees to cooperate with the City in fulfilling the Land Conversion
Requirements and to reimburse the City in an amount not to exceed Three Hundred Thirty -Four Thousand
Dollars ($334,000) for its costs at such times and in such amounts set forth in this Agreement.
3. The scope of the Land Conversion Requirements shall conform with those requirements
found at 36 C.F.R. § 59.3, which are incorporated by reference, and any other applicable requirements
hereafter established by the NPS.
4. The estimated costs of the Land Conversion Requirements are set forth in Exhibit A and
are based on the City's prior experience in the earlier land conversion. Notwithstanding the foregoing,
the District shall reimburse the City for the actual costs for the tasks described in Exhibit A and any
others required by the Land Conversion Requirements. Additionally, the Executive Director of the City's
Parks, Recreation and Community Services Agency ( "Executive Director ") and the District's Vice
Chancellor of Business Operations/Fiscal Services ( "District Official ") are hereby authorized to add any
additional categories of expense if so required by the NPS, provided that the total reimbursement
obligation of the District shall not exceed $334,000 without written approval by the City Council and the
District's governing board, which approval must be granted by both the City and the District before such
additional expenses are incurred.
a. City shall ensure that the scope of work and deliverable(s) of each consultant utilized
will comply with the scope of the Land Conversion Requirements.
b. City shall formally bid and award contracts in accordance with City's rules and
regulations for the procurement of materials, supplies, labor, and equipment.
5. Payment by the District shall be made within thirty (30) days of the District's receipt of
(a) the City's payment request based on invoices received by the City from its consultants for the required
tasks and services described on Exhibit A, (b) copies of those invoices, and (c) copies of any other
supporting documentation reasonably requested by the District to evidence that the work invoiced by the
consultant has actually been performed.
6. This Agreement shall commence on the date fist written above and expire on the latter of
the dates when (a) the City has been reimbursed in full for the expenses that are the subject of this
Agreement or (b) the NPS has rendered its final decision as to whether the Replacement Properties are
acceptable to cause the Use Restrictions to be removed from the License Area. This Agreement may be
terminated earlier by mutual agreement of the parties, provided that the City is paid in full for all
expenses it has incurred at the time of the effective date of termination.
7. The City acknowledges that the District is providing the funding which is the subject of
this Agreement with the understanding that if and when the Use Restrictions are removed from the
License Area by the NPS, the City and the District will enter into negotiations for a long -term lease
agreement for the District's use of the License Area on terms and conditions mutually acceptable to the
City and the District. If, within thirty -six months following the removal of the Use Restrictions, the
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parties do not enter into a mutually acceptable lease, and the City enters into a lease for the License Area
with a different party, the City shall require as a term of that lease the payment by the lessee to the
District of the sum of all amounts paid by the District to the City under this Agreement.
8. The City and the District shall indemnify, defend, and hold harmless each other, their
respective officers, agents, and employees from any expense, liability, or claim for death, injury, loss,
damage or expense to person or property that may arise or is claimed to have arisen pursuant to this
Agreement to the extent that such expenses, liability, or claim is proximately caused by any act or
omission of the other, or its officers, agents, or employees.
9. Any notice to be given in connection with this Agreement shall be in writing and directed
to the addresses below or such other addresses as either party may later specify in writing. Notice is
deemed effective on the date it is given if hand - delivered that same day and on the day delivered by over-
night mail. Notice given by U.S. mail shall be deemed effective three (3) days after it is deposited in the
U.S. mail, postage prepaid and addressed as follows:
DISTRICT: Rancho Santiago Community College District
Vice Chancellor Business Operations/Fiscal Services
2323 N. Broadway
Santa Ana, CA 92706 -1640
CITY: City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702
Attn: Clerk of the Council
10. This Agreement constitutes the entire agreement between the City and District regarding
the subject matter herein, and supersedes all other agreements, oral or written, between the parties. This
Agreement may only be modified in a writing signed by authorized representatives of both parties.
11. This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed by and construed in accordance with the laws of the State of California.
The parties further agree that Orange County, California, shall be the venue for any action or proceeding
that may be brought or arise out of, in connection with, or by reason of this Agreement.
WHEREFORE, the parties have entered into this Agreement on the date fast written above.
-- signature blocks follow on next page --
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ATTEST
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
B nH M. ^ k
.
AYsistant City Attorney
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CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
RANCHO SANTIAGO COMMUNITY
COLLEGE DISTRICT
PETER HARDASH
Assistant Vice Chancellor
EXHIBIT A
Tasks Ordinarily Associated with Land Conversion Requirements
Task
Documents from city evidencing desire to substitute land
of equivalent fair market and recreational value.
Appraisal report of substitute parcels. Replacement property
must be of at least equal fair market value and of reasonably
equivalent usefulness and location.
Justification and assessment of public recreational value In
land exchange.
Phase 1 Environmental Site Assessment of substitute property,
indicating it is environmentally safe and not latently contaminated.
National Environmental Policy Act Assessment (NEPA) of proposed
release of park /recreation use of former property and assessment of
potential Impact of new park development.
A copy of the state, city or county recreation map showing present
park land in relationship to proposed substitute land.
A copy of the legal description for the proposed replacement property
and proposed property to be converted.
SUBTOTAL
Contingency (10%)
TOTAL
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Estimated Cost
Actual costs by city
$ 30,000
$ 64,000
$ 14,400
$ 187,050
Actual costs by city
$ 8,000
$ 303,450
30,345
$333,795
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