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HomeMy WebLinkAbout11/14/2007 - STAFF REPORTS - 5.A. F VALM Sa U N 4� a' n -0`'Foit `'�P City Council Staff Report DATE: NOVEMBER 14, 2007 NEW BUSINESS SUBJECT: APPROVAL OF AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE DESERT COMMUNITY COLLEGE DISTRICT FOR A 115 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN CANYON DRIVE IN THE CITY OF PALM SPRINGS FOR THE LOCATION OF THE WEST VALLEY EDUCATION CENTER OF COLLEGE OF THE DESERT FROM: David H. Ready, City Manager BY: Community & Economic Development Department SUMMARY: This action approves an Exclusive Agreement to Negotiate with the Desert Community College District (College of the Desert) regarding the site for the Western Coachella Valley Educational Center for the college. The proposed location is a 115 acre parcel of public land west of Indian Canyon Drive, in section 34, T.3S., RAE, to be acquired from the Bureau of Land Management (BLM) through the Recreation and Public Purpose Act. On April 3, 2006 the City submitted a proposal to the District to be selected as the site for the West Valley campus. The District voted on September 21, 2007 to select the Palm Springs site and instructed its staff to develop the appropriate agreements. This Agreement would commit the City to work on the development of a campus at that site and would commit the District to only consider that site as its Western Valley Educational Center site. Ultimately, the land acquired by the City would be conveyed to the District through a Disposition and Development Agreement; however, several additional agreements will be considered during the negotiating period and as part of the ultimate development of the campus, including a more detailed Memorandum of Understanding on the joint planning and development process, as well as a Joint Facilities Agreement and an Interim City Facilities Use Agreement, among others. During the negotiating period the District will develop a campus master plan, which will include the Academic Plan, while the City pursues the Development Plan and the Item S . A . acquisition of the parcel from the BLM. RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE DESERT COMMUNITY COLLEGE DISTRICT FOR A 115 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN CANYON DRIVE IN THE CITY OF PALM SPRINGS FOR THE LOCATION OF THE WEST VALLEY EDUCATION CENTER OF COLLEGE OF THE DESERT" FISCAL IMPACT: The City has made considerable commitments to assisting the college with the development of the campus, including financial participation from City, Agency, and private resources. This Agreement, however, does not create any new financial impact on the City. l� Lv John S Rjy)riond, Director of Tom Wilson( o unity & EconDevelopment Assistant City Manager L DAVID H. READY- Executive Directo Attachments: 1. Resolution 2. Exclusive Agreement to Negotiate RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE DESERT COMMUNITY COLLEGE DISTRICT FOR A 115 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN CANYON DRIVE FOR THE LOCATION OF THE WEST VALLEY EDUCATION CENTER OF COLLEGE OF THE DESERT IN THE CITY OF PALM SPRINGS WHEREAS, the Desert Community College District undertook a process to select a location for the Western Coachella Valley Education Center; and WHEREAS, the City of Palm Springs proposed a 115 acre site at the northwest corner of Tramview Road and Indian Canyon Drive as the location of the campus, and committed to undertaking the acquisition process with the U.S. Department of the Interior, Bureau of Land Management; and WHEREAS, the City also proposed that existing City facilities, including the 27 acre Desert Highland Park and the Desert Highland Unity Center, be included in the campus as joint use facilities, which would allow programs to begin to be offered at the site during a "ramp up" planning, development, and construction periods; and WHEREAS, the City has received universal endorsement and support from the business community and the Palm Springs public at large for its proposal; and WHEREAS, the City will provide significant financial and administrative support to the College, including the dedication of a significant portion of its "Quimby" park fees for the development of joint use facilities on the campus site; and WHEREAS, the City committed, through its Community Redevelopment Agency, funds for off-site improvements, including a portion of the construction cost of Sunrise Parkway, and has pledged to seek regional funding sources for roadway improvements, including Measure A funds and Transportation Uniform Mitigation (TUMF) funds; and WHEREAS, the City has made an ongoing commitment to the development of this area of the community with the replacement and improvement of infrastructure adjacent to the proposed campus site, the development of parks and recreational facilities, and the development of housing and commercial projects; and C)QaT3 City Council November 14,2007 Page 2 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that: . on a combined 142 acre site, and additionally offers the following: Section 1. An Exclusive Agreement to Negotiate with the Desert Community College District for a 115 acre site located at the northwest corner of Tramview Road and North Indian Canyon Drive for the location of the Western Coachella Valley Education Center in the City of Palm Springs, is hereby approved; and Section 2. The City Manager or his designee is authorized to execute all documents related to this Agreement. ADOPTED this day of 12007. City Manager ATTEST: City Clerk City Council November 14, 2007 Page 3 CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on , 2007, by the following vote: AYES: NOES: ABSENT: James Thompson, City Clerk City of Palm Springs, California EXCLUSIVE AGREEMENT TO NEGOTIATE CITY OF PALM SPRINGS AND DESERT COMMUNITY COLLEGE DISTRICT THIS EXCLUSIVE AGREEMENT TO NEGOTIATE ("AGREEMENT"), is made this day of , 2007, by and between the CITY OF PALM SPRINGS ("CITY") and THE DESERT COMMUNITY COLLEGE DISTRICT ("DISTRICT"), collectively "THE PARTIES." RECITALS The parties enter into this Agreement on the basis of the following facts, understandings, and intentions: A. The City and the District agree that for the period set forth herein they will negotiate diligently and in good faith to prepare and enter into a Disposition and Development Agreement ("DDA") consistent with the provisions of this Agreement for the development of the District's Western Coachella Valley Education Center on the Site specified herein. B. Under this Agreement the District would commence the preparation a Campus Master Plan ("Master Plan"), and the City would submit its application to the United States Bureau of Land Management ("BLM") and prepare a capital plan for the implementation of the District's Master Plan. C. The City has proposed to acquire the fee ownership of the Site from the BLM through the Recreation and Public Purposes ("R&PP") Act and once obtained shall grant to District any and all easements, fee ownership rights, and or other interests (collectively, the "Fee Ownership") as are necessary or helpful for District's proposed Campus Project. NOW, THEREFORE, it is mutually agreed upon by the parties as follows: Section 1. SITE The Site is a 115-acre parcel generally located at the northwest corner of Indian Canyon Drive and Tramview Drive in the City of Palm Springs, California. The Site Is depicted in the attached Exhibit A. A. Joint Application to the BLM. The District and the City shall submit a joint application to BLM for the conveyance of the Site, pursuant to provisions of the R&PP Act. Page t B. Infrastructure. The infrastructure necessary to support the campus is already in place, including streets, water, sewer, and dry utilities. City shall at its expense extend Sunrise Parkway along the northern boundary of the Site to Highway 111 to the west. Section 2. EXCLUSIVE AGREEMENT; TERM The City agrees for the period set forth in this section that it will not negotiate with or enter into any agreement with any other entity for development or sale of the Site and the District agrees for the period set forth in this section that it will not negotiate with any other jurisdiction for the location of the Western Coachella Valley Education Center. The initial term of Agreement is five years from the date of the Agreement. The City intends to enter a Lease with the BLM by March 31, 2008. The City and District shall agree on a proposed itemized project schedule through the Master Planning and Joint Use Agreement process; a proposed schedule is included in attached Exhibit B, BLM Application Schedule. Section 3. CONVEYANCE OF THE SITE Conveyance of the Site from the BLM shall be requested prior to the end of the initial five-year lease term, provided that District and City have made substantial progress on the Plan of Development. A patent shall be requested upon commencement of campus improvements. City shall proceed with timely execution of all steps necessary to acquire the Site, and make the additional commitment to "backstop" the R&PP Act process as may be necessary to deliver title to District on a timely basis. City shall exchange or purchase parcel(s) from BLM as may be required by District to construct campus- related facilities. Section 3. PLAN OF DEVELOPMENT An R&PP Act application requires approval of a plan of development for the Site. District and City shall jointly propose a schedule of improvements that would "vest" the project as a bona fide campus-under-development, and allow conveyance of fee title to the Site. A. Elements of Development Plan. The proposed Plan of Development in the BLM application shall include the following: • Completion of the first permanent classroom/administration building. . . • Completion of necessary parking, ingress/egress, landscaping, and pedestrian walkways to support the first building. Page 2 6 00�"� • Completion of major monument signage identifying campus. • Completion of 200-yard extension of Sunrise Parkway extension. • Completion of the first multi-use athletic/recreational field. B. Joint Planninq and Entitlements. City shall undertake the entitlement of the project on behalf of District, as part of a cooperative relationship. City shall use its fast-tract process to expedite entitlements for project, and it is anticipated that project shall be entitled via a Specific Plan approval. C. Academic Planning. District shall develop an academic and facilities master plan sufficient for the R&PP Act application and CEQA analysis. The Facilities Master Plan would indicate how the Site would be used for a Palm Springs education center campus and identify City joint use opportunities. D. Schedule of Development. District and City shall work diligently to complete the Plan of Development in three to four years. E. City Funding. City shall structure a financial package to cover the majority of cost related to the Plan of Development from available funding sources, including: • Quimby Fees • Palm Springs Economic Development Corporation (private contributions) • Community Development Block Grant • Public Art Funds • Community Redevelopment Agency Section 4. JOINT USE FACILITIES District and City shall jointly review opportunities for joint use recreational, athletic, parking and other facilities. These opportunities shall be formally considered in District's academic master planning process. Section 5. INTERIM USE OF CITY FACILITIES City shall make available the James 0. Jessie Desert Highland Unity Center for interim college facilities on a mutually acceptable basis. Additionally, City shall make its 7-acre parcel available for interim college facilities and parking as may be required to carry out the Plan of Development and Facilities Master Plan. Section 6. CONTRACT. Page 3 It is expressly understood and agreed by the parties hereto that this is an Agreement regarding the conduct of contract negotiations only and does not convey any interest in the Site whatsoever. Section 7. AMENDMENT, This Agreement may only be amended by a document in writing signed by the parties hereto. Section 8. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first above written. "CITY" THE CITY OF PALM SPRINGS, a California Charter City Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "DISTRICT" DESERT COMMUNITY COLLEGE DISTRICT, a California Community College District Superintendent/President Page 4 EXHIBIT "A" TO EXCLUSIVE AGREEMENT TO NEGOTIATE LEGAL DESCRIPTION OF THE SITE Page 5 ! � EXHIBIT "A" BLM APPLICATION SCHEDULE First Year Step Description Timeline Est. Cost 1 City submits development plan to the BLM for approval imder the September, Recreation&Public Purposes Act process in order to gain (lease) access to 2007 the parcel. 2 City and District will enter a Memorandum of Understanding setting forth January, the process of jointly developing the site, including the development of a 2008 mutually acceptable development plan 3 Phase "0" of the Campus project commences; the City and District enter Fall, 2007 agreement to begin using space for the College in the Unity Center 4 City commences entitlement process for the remaining 122-acres (the 115- Spring, 2008 acre BLM land plus the 7-acres) under a Specific Plan, including the Initial Study under CEQA 5 Development of monument signage for the College at hidian Canyon Summer, Drive and Tramview Road 2008 6 Development of a new driveway into the 7-acres off Tramview. Summer, 2008 Second Year Step Description Timeline Est. Cost 1 Specific Plan adopted by the City -- development of the first portion of the Fall,2008 Core Campus site occurs 2 First leg of extension of Sunrise Parkway into the Campus site commences Spring, 2009 Third Year Step Description Timeline Est. Cost I City submits application to Caltrans for the connection of Sunrise Parkway on the west to Higjlway 111 2 histallation of temporary facilities, including a temporary parking lot(built to the standard of the Palm Sprigs Visitor Center parking lot) and modular classroom facilities- 3 The development of the Core Campus, the construction of Sunrise Parkway in sections to serve the campus, and the development of joint use athletic facilities, are all shown in these phases. Other elements including internal circulation, hiking trails, and other campus amenities are also included in Phases I, 11, and III. The likely completion of Phases I through III would be approximately 10 years, based on the success in raising local private money as well as state and federal money Fourth Year Step Description Timeline Est. Cost — I Once the construction on Sunrise Parkway and the Core Campus has commenced,the City will apply to patent the fee interest in the BLM land Page 6 i _ �� nu