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HomeMy WebLinkAboutORANGE, COUNTY OF (39)MODIFICATION OF _SENIOR CITIZENS SERVICE CENTER �REVENUE SHARING AGREEMENT The CITY OF SANTA ANA, a chartered municipal corporation, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, hereinafter referred to as "COUNTY", agree to modify that certain Revenue Sharing Agreement between the parties dated May 28, 1.974. W I `i` N E S S E T N: WHEREAS, CITY and COUNTY have entered into a Revenuc Sharing Agreement for the purpose of specifying the location and construction of a Senior Citizens Service Center or provide to the elderly poor, of CITY financial and health counseling and recreational faci 'i i ti es ; and WHFRIAS, it is desired that the location of said Senior Citizens Service Center be changed from the northerly side of Third Street between Ross and Birch Streets in the City of Santa Ana, to the southerly side of Third Street between Ross and Birch Streets, comprising the approximate on --third (1/3) western portion of Birch Park; and WHEREAS, said Senior Citizens Service Center will con- stitute a park purpose, consistent with the park purposes presently being made of Birch bark; and WHEREAS, the former site for said Senior Citizens Service Center designated in the agreement between the parties dated May 28, 1974, 'located on the northerly aide of Third Street between Ross 'and Birch Streets, in the City of Santa Ana, is to be used for parking purposes for said Senior Citizens Service Canter except for a portion thereof which, at some future time, may possibly be used for street pur- poses for the extension of Fourth Street 'to interconnect with Th.'i rd Street; and WHEREAS, when and if a portion of said Senior Citizens Parking site is used for street purposes by the City of Santa Ana for the extension of Fourth Street to interconnect with Third Street., Birch Park may possibly be enlarged. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE TO MODIFY THE REVENUE SHARING AGREEMENT ENTERED INTO BETWEEN THEM, MAY 28, 1974, BY CHANGING PARAGRAPI-IS I, II, VI, AND IX, TO READ AS FOLLOWS: I The Senior Citizens Service Center shall be located on the southerly side of Third Street between Ross and Birch . 2- Streets, in the approximately western one-third (1/:3) portion of Birch Park, i n the City of Santa Ana, California, as shown on the map which is attached hereto as Exhibit "A" and -incorporated herein and made; a part hereof by this reference as though fully set forth. In addition thereto, CITY agrees to provide parking for said Senior Citizens Service Center, on the site formerly indicated for said Center in the May 28, 1974, agreement which site is located on the northerly side of Third Street between -Ross and Birch Streets in -the City of Santa Ana as designated on Exhibit "A" herein, except for a portion of said parking site which, at some future time, may possibly be used for street purposes by -the City of Santa Ana extending Fourth Street to interconnect with Third Street. The Parties hereto agree that.the cost of acquisition, development, construction, and operation of the Senior Citizens Service Canter, and the parking site for said Senior Citizens Service Center, for social and park services use regarding the project site described in Paragraph I above, shall be divided between the CITY and the Cowry, and the CITY shall pay Six }Hundred Sixty Eight Thousand Four Hundred ($668,400,00) Dollars, and the COUNTY shall pay not more than Four Hundred Ninety Thousand ($490,000e00) Collars 3 COUNTY'; and CI'TY'S share of said cost of acquisition, development, construction, and operation is set forth in the proposed budget for said Santa Ana Senior Citizens Service Center, and parking site therefor, attached hereto as Exhibit "U", and incorporated herein and made a part hereof by this reference as though fully set forth. CITY shall be responsible for the costs of overhead, operation, and maintenance of said Senior Citizens Service Center and said parking site; such costs are not to be -included in this ,joint agreement. Monthly payments made by the COUNTY, based on actual expenditures, shall be made upon tender of invoices and proper documentation of accounting, and with the approval of the COUNTY'S Revenue Sharing Office. Ufl CITY agrees that the overhead for the facility itself and the parking site, planning riot including design services and all other development, shall not beincluded under this joint funding agreement. The CITY acknowledges responsiblity for the design of the facility, and the parking area, and agrees that the plans and specifications shall be approved by the COUNTY prior to advertising for bids. COUNTY agrees that the design services shall be included under is® this joint funding agreement. IX CITY agrees that the Senior Citizens Service Center to be provided under this contract must be retained for social -park service purposes, along with a level of operation and maintenance adequate to insure the maximum utilization of the facility by the public for social -park services purposes, and that the use of the property shall be granted to all residents of the COUNTY on the same conditions that the residents of CITY use the property, and if the Senior Citizens Service Canter ceases to be used for said purposes by CITY, and such cessation is not approved by the Board of Supervisors, CITY shall repay to COUNTY the sum contributed by the COUNTY under this agreement. CITY also agrees to use the aforedescribed parking site for Senior Citizens Service Center parking except a portion of said site which at some future time may possibly be used for street purposes by the City of Santa Ana extending Fourth Street to interconnect: with Third Street. In the event of any conflict orinconsistency between the provisions of this agreement and the May 28, 1974, agree- ment, the provisions of this agreement shall control in all 5 - respects. IN WITNISS WHEREOF, the parties hereto have executed this modification of agreement on the day and year first above written. ATTEST: ­V G i- r'F of C(T' o aa. r d of Supervisors APPROVED AS TO FORM: u rri�t y� c o u n ATTEST: C1 erl: of the Counci 7� APPROVED AS TO FORM �� ssffii� �. awn E n aj�i �yA���tor,o , ne�9 COUNTY OF ORANGE., BOARD OF SUPERVISORS By Chairman CITY OF SANTA ANA, a municipal corporation By G °gam t - bons #11 : Iayot A 'Cl'F .Air '.rw' poi• a mr FY V • fm{d T'o 0 @D ,sc 'r via p S Guy ~ .�.. 4 \✓ O ' O M Lb Nc l �ddS a°MY"S 8 FF � e F, Lt G+J l �y� 11ry • m�rY•••a � � ��lriiiY ✓!JW � >T^0....e • ..� .,-..-,. ;� . �,9Y - � o-r Wes.—, .'_"r:— :a-ti''�) -- _ C� 00 . r a t s_ _--_-_c, �1�--•1 t� —� ii jj 00 PARKING S I •I- C IR 9.7' �e» ixiii Ir 11A11 SANTA ANA SENIOR CITIZENS SERVICE CENTER BUDGET Project Item Country Cash City In"Ki n'd a) Land Acquisition for $ 104,125 parking site b) Land Acquisition for G0,000 parking site c) Land for Senior 150,000 (Approx..' Citizens Service Center, to be contributed in -kind by City d) New Construction $ 300,000 e) Parking and Street Improvements 75,875 f) Furniture, Equipment and 1.00,000 Operating Contingency g) Transportation 90,000 (Sub -contracted to Orange County -Transit District) h) Program Supervisions 150,000 (Three year figures I Coordinator 1 Assistant 1 Clerical I Recreation Leader) i) Program Support 1.24,800 (Payroll & personnel Admin., program records, evaluation and accounting @ $20 per hour x 1.60 hours x 36 months) j) Office Supplies & Miscellaneous 3,600 ($1,200 per year for 3 years) *k) Current Senior Citizens Activities 26,877 (See Exhibit 7) TOTALS $490,000 695,277 * Expenditure previously made by n16,877 City, therefore, excluded from budget total $668,400 EXHIBIT "B'' M E M 0 R A N TO: The Honorable City Council D U FROM: Office of the City Attorney DATED: October 3, 1974 SUBJECT: Modification of City -County Senior Citizens Service Center Revenue Sharing Agreement Changing the Site of the Senior Citizens Service Center from the North Side of Third Street east of Ross, to the one-third Western Portion of Birch Park , Attached for the City Council's approval at its October 7, 1974, meeting, is a modification of the City - County Senior Citizens Service Center Revenue Sharing Agreement changing the site of the Senior Citizens Service Center from the north side of Third Street just east of Ross to the site comprising the western one-third portion of Birch Park. As the Council will note, the present site will be retained as a parking site for the new Senior Citizens Service Center site, except a portion thereof which, at some future time, may possibly be used for street purposes extending Third Street to interconnect with Fourth Street. The use of the Birch Park site, while retaining the original site for parking purposes, will increase the City's in -kind match for the County's revenue sharing grant, by approximately $150,000. The new site was recommended by the Redevelopment Agency Planning Consultants, KDG, our Redevelopment, staffthe­,,,,., Redevelopment Commission, and the Redevelopment Agen yq ,v The Honorable City Council October 3, 1974 Page 2 As soon as the agreement is approved by the City Council, executed by the Mayor, and attested by the Clerk, it will be forwarded to the County to be placed on the agenda of the Board of Supervisors for their October 15, 1974, meeting. It is recommended that the City Council approve the modification of the City -County Senior Citizens Service Center Revenue Sharing Agreement authorizing the Mayor to sign the same, and ordering that a signed copy of the agreement be delivered to the Clerk of the Board of Supervisors no later than Tuesday, October 8, 1974, at 5:00 p.m. Respectfully submitted, James A. Withers, City Attorney ByZf..�o Charles ert Assistant Attorney CJ L /ms Attachment Confidential Information TO: The Honorable City Council DATED: September 24, 1974 FROM: Office of the City Attorney SUBJECT: Relocation of the Senior Citizens Service Center from the North Side of Third Street, Adjoining Ross Street, to the South Side of Third Street in the Western Portion of Birch Park Adjoining Ross Street Our Redevelopment Agency Planning Consultants, KDG, our Redevelopment staff, the Redevelopment Commission, and Redevelopment Agency have recommended that the site for the proposed. Senior Citizens. Service Center be changed from the north side of Third Street adjoining Ross Street to the site on the south side of Third Street occupying the extreme west- ern one-third portion of Birch Park. (See attached map marked Exhibit "A" showing present site and proposed new site in Birch Park). The County of Orange required the .present site to be specifically designated in the Revenue Sharing Agreement with the City of Santa Ana for the funding of the Senior Citizens Service Center, and now requires that that agree- ment be modified to show the new site. This agreement modi- fication has been submitted to the County to be placed on the Board of Supervisors agenda to be approved as early as possible. The modification agreement will be presented to the City Council as well at its next meeting. The staff posed the question to our office whether or not the proposed site, occupying the western one-third portion of Birch Park, could be used for a Senior Citizens Service Center in light of the language contained in the deed to the site which reads: "The above property is conveyed to the [the City] to be used for public park purposes." (NOTE: Harrison B. Heninger and Flora Heninger deeded this site to the City on January 29, 1910. The site con- sists of former lots 9, 10,-11, 12, and 13 comprising the approximate 1/3 western portion of Birch Park). Confidential II i Information u identia, Inforrnation The Honorable City Council September 24, 1974 Page 2 Our answer to the staff question is "yes", the Senior Citizens Service Center may be located on this site, inasmuch as the Senior Citizens Service Center will include recreational activities which are most certainly considered "park purposes". Additionally, the language in the deed is at most precatory, i.e., simply an expression of desire on the part of the grantors, and as such, the language is not binding on the City. The City thus holdsabsolute fee title interest in the proposed site, without restriction, and may use it for whatever public purposes it so desires. The remaining two-thirds portion of Birch Park, just east of the proposed site, is comprised of 1) a 50' x 250' strip which was formerly Park Street; and 2) a 250' x 250' parcel deeded to the City on April 16, 1900, by A. Otis Birch, Emma L. Smith, and Q.R. Smith, on the "condition that said parcel of land be perpetually maintained by said [City] for a public park. The Senior Citizens Service Center site will include 112 of the 50' x 250' strip which was formerly Park Street, i.e., the site will include up to and including the former center line of Park Street, and will not include any portion of the 250' x 250' parcel deeded to the City by the Birches and the Smiths. This office, therefore, renders no opinion whatsoever regarding the validity of the conditional grant of the 250' x 250' parcels by the Smiths and Birches to the City. JAW:CJL/ms !s pe ctfy4 1 y,$ u>f!Jted imes A. Confidential IrIformation I t 13-7al S 3 1-y3yis � ..-.b i M t�— � I ! ALA PRESENT S N10R CITIZENS ERVIA CENTER i N l�� wj . '♦NlYIJ ti � ` ) , l \} h��\J t l . {� rc it .0 4 O Confidential Information �4 �tQ �i Cy .�tpWp^J.fS $ as or Sol i O v o Q f f%x�Irj g Q ,ora k Q4'%z -- NEW SENIOR CITIZENS 1-_ N SERVICE CENTER SITE o L I-, V, :, - --r II _ EX11113IT "A"