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