HomeMy WebLinkAboutItem 20 - MOU with Discovery Cube Community Development Agency
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Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 1, 2022
TOPIC: Memorandum of Understanding with Discovery Cube
AGENDA TITLE:
Memorandum of Understanding between City of Santa Ana and Discovery Cube to
Pursue Grant Applications and Study the Feasibility of a Future Outdoor Science Park on
Adjacent City-Owned Property (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a Memorandum of Understanding with Discovery
Cube for a period of March 1, 2022 to March 1, 2024, to pursue grant applications and
study the feasibility of a future Outdoor Science Park on adjacent City-owned property,
subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Discovery Cube is a nationally recognized science center located in Santa Ana, with
a mission to bring hands-on science education to the children of our community. Due to
the COVID-19 pandemic, the Discovery Cube has had to temporarily shut down many of
its indoor exhibits and is currently in need of outdoor exhibit space.
The Discovery Cube and the City have had a long-standing partnership for over 22 years,
providing educational resources, STEM (science, technology, engineering, and math)
programming, and community cultural activities. This partnership includes a monthly
Santa Ana Free Day for all residents to enjoy the Discovery Cube and its resources.
The City owns a stretch of land adjacent to Discovery Cube and along Santiago Creek
that is in need of activation and long-term maintenance. The City is continuously
spending resources on service calls to clean and police this area. The property (Exhibit
B) is located on a current bike trail and several open spaces between Main Street on the
East, Broadway on the West, Discovery Cube property line on the South, and the
Santiago Creek bed on the North.
Santiago Creek is a critical flood control facility and designated watershed of the United
States that is governed by various regulatory agencies, and Discovery Cube will be
Memorandum of Understanding with Discovery Cube
March 1, 2022
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responsible for obtaining approval for any use of the creek property from all applicable
regulatory agencies.
The Discovery Cube desires to enter into a Memorandum of Understanding with the City
to pursue grant applications and explore the feasibility of a future Outdoor Science Park
(Exhibit C) on the aforementioned city-owned property.
The Outdoor Science Park is envisioned to provide STEM and Nature Education to Santa
Ana’s youth through an exciting blend of hands-on STEM exhibits with elements of
nature. The Science Park will have several featured exhibits positioned throughout the
Creekside property, along with flexible zones for exhibits to change seasonally (Spring-
Earth Focus, October- Halloween, December- Winter Holiday). The featured exhibits
envisioned for the science park include the Water Science Zone, Hydrology Lab, 3D
Model of Santiago Creek, River Race Challenge Table, Ice Age Fossil Lab, and a Drone
Test-Flying Course. A lush native garden will be created throughout the park, designed
to attract butterflies and aide them in their migration. Recreational trails will be
specifically designed for children to climb and explore, and is a key feature to the Outdoor
Science Park. Additionally, a pavilion overlooking the creek will be created for children
on school field trips to enjoy their lunch and for after-school children to engage in nature
programming.
The Discovery Cube has met with the adjacent neighborhood associations of Floral Park
and Park Santiago who have expressed their support of the idea. Discovery Cube would
like to apply for a statewide park development and community revitalization grant, which
will enable the Discovery Cube to begin the feasibility study and then potential
construction of the Park.
The MOU would facilitate collaboration between the City and Discovery Cube to explore
these initiatives and projects.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. MOU with Discovery Cube
2. Site Plan
3. Conceptual Idea of Outdoor Science Park
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
Memorandum of Understanding
Between the City of Santa Ana and Discovery Cube in
support of Discovery Cube pursuing grant applications
and studying the feasibility of a future Outdoor Science
Park on Adjacent City Owned property
This Memorandum of Understanding ("MOU") is made this _ day of
_____ , 2022 by and between 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") and Discovery Science Center Orange County ("Discovery Cube"),
located at 2500 N. Main Street, Santa Ana, California 92705, and sets forth the material
terms of the agreement between the parties with respect to certain property along
Santiago Creek between Main Street and Broadway for a proposed Outdoor Science Park
along the Santiago Creek.
Whereas, the Discovery Cube is a nationally recognized science center located in
Santa Ana for over 22 years with a mission to bring hands-on science education to the
children of our community. The Discovery Cube is an indoor location temporarily closed
due to the impact of COVID-19 in need of outdoor exhibit space to fulfill its mission.
Whereas, the Discovery Cube and the City have a long standing partnership of
over 22 years providing educational resources, STEM programming, and community
cultural activities. The partnership includes a monthly Santa Ana Free Day for all
residents to enjoy the Discovery Cube and its resources. Furthermore, the Discovery
Cube promotes the City's name to the traffic on Interstate 5 Freeway through a large
outdoor lighted sign informing travelers that the Discovery Cube is located in the City of
Santa Ana.
Whereas, the City owns a stretch of land adjacent to Discovery Cube along
Santiago Creek that is in need of activation and long term maintenance. Furthermore,
the City is continuously spending resources on service calls to clean and police this area.
"Property" means, collectively, the land to be considered by Discovery Cube to manage
and develop into an Outdoor Science Park ("Project"). The location of the Property is the
current bike trail and open spaces between Main Street on the East, Broadway on the
West, Discovery Cube property line on the South and the Santiago Creek bed on the
North, and is shown on Exhibit A attached hereto and incorporated herein by reference.
Whereas, Santiago Creek is a critical flood control facility and designated
Watershed of the United States that is governed by various regulatory agencies, and
EXHIBIT 1
MOU -Discovery Cube Outdoor Science Park Feasibility
City of Santa Ana
Discovery Cube will be responsible for obtaining approval for any use of such creek
property from any and all applicable regulatory agencies, and maintaining the capacity
for storm flows within Santiago Creek. Any obstructions to storm flows must be approved
by the appropriate regulatory agency(s).
Whereas, Outdoor Science Park is envisioned to provide STEM and Nature
Education to our youth through an exciting blend of hands-on STEM exhibits (that
Discovery Cube is famous for) with elements of nature. The Science Park will have
several featured exhibits positioned throughout the Creekside property along with flexible
zones for exhibits to change seasonally (Spring-Earth Focus, October - Halloween,
December -Winter Holiday, etc.). The featured exhibits envisioned for the science park
include the Water Science Zone, Hydrology Lab, 3D Model of Santiago Creek, River Race
Challenge Table, Ice Age Fossil Lab, and a Drone Test-Flying Course. A lush native
garden will be created throughout the park designed to attract butterflies and aide them
in their migration. And recreational trails specifically designed for children to climb and
explore will be a key feature to the outdoor science park. Additionally, a pavilion
overlooking the creek will be created for children on school field trips to enjoy their lunch
and for after-school children to engage in nature programming.
Whereas, the Discovery Cube desires to convert the portions of the above
mentioned property into an outdoor science park and has met with the adjacent
neighborhood associations of Floral Park and Park Santiago who are in support of the
idea as is the City. Furthermore, Discovery Cube would like to apply for a statewide park
development and community revitalization grant.
NOW THEREFORE, in consideration of the foregoing, the parties hereby agree as
follows:
AGREEMENT
1.Authorization to Submit Grant Application on behalf of City. The City
supports Discovery Cube's efforts to apply for grants in support of the Project, and will
grant Discovery Cube the right to apply for specific grants to explore the feasibility of
developing the property into an Outdoor Science Park, but only after Discovery Cube has
provided the City with information regarding the grant and the City has had an opportunity
to review and approve the grant requirements.
2.Responsibilities of Discovery Cube. Discovery Cube will undertake the
following actions in furtherance of the development of an Outdoor Science Park.
Page 2
A.Discovery Cube shall take all efforts to file necessary applications for
statewide park development and community revitalization grant for the
development of an Outdoor Science Park.
EXHIBIT 1
MOU -Discovery Cube Outdoor Science Park Feasibility
City of Santa Ana
B.Discovery Cube will be responsible to take the lead to work with U.S.
Senator Padilla's staff or California Senator Umberg's staff to obtain a waiver if
necessary from any prior funding agreements with State or Federal agencies.
C.Compensation and Expenses. The Discovery Cube is applying for
and may be the recipient of Grant, should it be approved by Granter. Expenses
incurred by Discovery Cube in connection with the administration and
implementation of grants may be paid from grant proceeds to the extent permitted
under the terms of the Grant, but in no event will the City be responsible to pay
compensation, payment or expenses for Discovery Cube's activities as described
in this MOU.
D.Discovery Cube acknowledges the property contains a segment of
the Santiago Creek Bike Trail which provides linkage both east and west.
Discovery Cube will be responsible for collaborating with the City for the relocation
of the trail.
E.Planning, Design and Permitting. Discovery Cube will be responsible
for all planning, design, permitting, construction, operational, and maintenance
costs of the Outdoor Science Park. Discovery Cube will be responsible for
conducting all studies and obtaining all necessary approvals and permits from the
appropriate regulatory agencies, including, but not limited to: departments within
the City of Santa Ana, the County of Orange, State Water Resources Control
Board, Santa Ana Regional Water Quality Control Board, California Department of
Fish and Wildlife, and the United States Army Corps of Engineers to develop,
operate and maintain the Outdoor Science Park.
F.Development Standards and Design Controls. Certain development
standards and design controls for the project may be established between the City
and Discovery Cube, but it is understood and agreed between the Parties that the
project must conform to all City and other applicable government land use and
architectural regulations and standards. Drawings, plans and specifications for the
project shall be subject to the approval of the City through the standard
development application process for projects within the City. Nothing in this MOU
shall be construed as the approval of any plans or specifications for the project or
of the project itself by the City.
3.Responsibilities of the City. The City will undertake the following actions
in furtherance of the development of an Outdoor Science Park.
A.City licenses and permits· Discovery Cube, and its consultants and
surveyors, to enter the Property solely for the purpose of undertaking and completing
necessary due diligence to study the feasibility of the proposed Project. The license
provided herein shall expire upon the expiration or termination of this MOU. Discovery
Cube shall conduct all of its due diligence investigations at its sole cost and expense.
Discovery Cube shall abide by any reasonable additional conditions of entry onto the
Page 3
EXHIBIT 1
MOU -Discovery Cube Outdoor Science Park Feasibility
City of Santa Ana
Property required by the City, whether or not set forth in this MOU. Any due diligence
investigations of the Property by Discovery Cube shall not unreasonably disrupt any
then existing use or occupancy of the Property or the operations of the City. Discovery
Cube shall indemnify, defend, and hold harmless the City with respect to any and all
activities of Discovery Cube or its agents directly or indirectly related to Discovery
Cube's due diligence investigations on the Property.
B.Provide availability of city plans (if any exist).
C.After Discovery Cube is awarded grants to fully (or sufficiently) fund
Outdoor Science Park, the City is committed to explore a long term partnership
acceptable to both City and to Discovery Cube to use, develop, manage, and maintain
the Outdoor Science Park. City is not committing to any particular use of the subject
property through this MOU, as further environmental studies and approvals would be
required, but rather is supporting Discovery's Cube's study of the feasibility of such a
Proje.ct.
4.Agreement in Furtherance. In the event City and Discovery Cube need to
enter into additional agreements in furtherance of grants, the parties will work together to
negotiate reasonable terms for such agreements, but execution of any such agreements
is left to the sole discretion of each party.
5.Indemnification/Hold Harmless. Discovery Cube shall indemnify, defend,
and hold harmless the City, its City Council, officials, consultants, agents, and employees
from and against any and all loss, damages, liability, claims, suits, costs and expenses,
including reasonable attorney's fees, arising from Discovery Cube's performance of this
MOU, with the exception of matters that are based upon the negligent or intentional acts
or omissions of the City, its City Council, officials, consultants, agents and employees.
6.Term. The term of this MOU shall begin on ___ , 2022 and shall remain
in effect for the term of the two years or until a separate agreement is reached.
7.Termination of MOU. This MOU may be terminated by either party at any
time for convenience by giving the other party ninety (90) calendar days' advance written
notice.
8.Notice. During the term of this MOU, all notices shall be made in writing
and either served personally, sent by first · class mail, or sent by email provided
confirmation of delivery is obtained at the time of facsimile transmission, addressed as
follows:
To:
Page4
Joe Adams
Chief Executive Officers
Discovery Cube
2500 N. Main Street,
Santa Ana, California 92705,
EXHIBIT 1
MOU -Discovery Cube Outdoor Science Park Feasibility
City of Santa Ana
To:
(714)542-2823
Kristine Ridge
City Manager
City of Santa Ana
20 Civic Center Plaza, M-25
Santa Ana CA 92702
(714)647-5336
kridge@santa-ana.org
Any party may change the address to which notice is to be given by providing the
other party with written notice of such change at least fifteen (15) calendar days prior to
the effective date of the change.
Service of notices shall be deemed complete on the date of receipt if personally
served or if served using facsimile machines provided confirmation of delivery is obtained
at the time of email transmission. Service of notices sent by first class mail shall be
deemed complete on the fifth (5th ) day following deposit in the United States mail
9.Governing Law. This MOU shall be deemed to be executed within the
State of California and construed in accordance with and governed by laws of the State
of California. Both 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 MOU.
10.Amendment. This MOU and the exhibits hereto may only be amended in
writing signed by both parties, and any purported amendment shall be of no force or
effect. This MOU may be amended to both extend the term and conditions, as well as to
add tasks. Discovery Cube will not begin new tasks without express written permission
of the City.
11.Reservations. The approval of this MOU by the City shall not be binding
non the City Council, the Planning Commission, or any other commission, committee,
board or body of the City regarding any approvals of the Project required by such bodies.
No action by the City with reference to this MOU or any related documents shall be
deemed to constitute issuance or waiver of any required City permit, approval or
authorization regarding the Property, the Project or Discovery Cube. Discovery Cube
obtains no right, permit or entitlement to construct or install the Project on the Property or
any portion of the Property by virtue of this MOU.
12.Entire Agreement. This MOU and its exhibits constitute the entire
agreement between the City and Discovery Cube and supersedes all prior negotiations,
representations, or agreements, whether written or oral.
Page 5
EXHIBIT 1
MOU -Discovery Cube Outdoor Science Park Feasibility
City of Santa Ana
[Signatures on following page]
APPROVED AS TO FORM:
City Attorney
Page 6
CITY OF SANTA ANA, A Municipal
Corporation of the State of California
By:
Kristine Ridge
City Manager
Discovery Science Center, A California
Corporation
EXHIBIT 1
MOU - Discovery Cube Outdoor Science Park Feasibility
City of Santa Ana
EXHIBIT A
Site Plan/Properties
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EXHIBIT A
DISCOVERY CUBE EXPANSION
Page 7
EXHIBIT 1
MOU - Discovery Cube Outdoor Science Park Feasibility
City of Santa Ana
EXHIBIT B
Conceptual Idea Drawings
Page 8
EXHIBIT 1
Site Plan/Properties
EXHIBIT 2
Conceptual Idea Drawings
EXHIBIT 3