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HomeMy WebLinkAbout06 RATIFICATION OF REVISED FIRST AMENDMENTS TO MITIGATION AGREEMENT (TUSD)Agenda Item o ° Reviewed: AGENDA REPORT City Manager Finance Director N/A MEETING DATE: OCTOBER 18, 2016 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JEFFREY C. PARKER, CITY MANAGER SUBJECT: RATIFICATION OF REVISED FIRST AMENDMENTS TO MITIGATION AND SITE CONVEYANCE AGREEMENTS WITH THE TUSTIN UNIFIED SCHOOL DISTRICT RELATING TO MCAS TUSTIN SCHOOL PROJECT SUMMARY: Pursuant to the City Council's approval, the City executed and entered into a Site Facilities Implementation, Funding and Mitigation Agreement (the "Mitigation Agreement") and Site Conveyance Agreement with Tustin Unified School District ("TUSD") on August 25, 2015 (the "2015 Agreements"). The primary purpose of the 2015 Agreements is to provide funding for construction of a 6-12 TUSD school project on a portion of the Marine Air Corps Air Station and for the City to convey a 40 -acre school site to TUSD for the 6-12 school project. The City and TUSD have agreed to revise the 2015 Agreements to modify the configuration of the 40 -acre site and to shift responsibility for grading the site from TUSD to the City, and to revise the priority by which certain project -related costs would be reimbursed to the parties. The First Amendment to the Site Facilities Implementation, Funding and Mitigation Agreement and First Amendment to the Site Conveyance Agreement ("First Amendments") implement this change. On August 16th of this year, the City Council approved and authorized the Mayor to execute the First Amendments. Since that time, the terms of the First Amendment were revised and, on October 10"', the TUSD Board of Directors approved the revised versions of the First Amendments. Because the terms were revised, this item seeks the City Council's ratification (approval) of the revised versions of the First Amendments. RECOMMENDATION: It is recommended that the City Council ratify, and authorize the Mayor to execute, the revised First Amendments attached hereto as Attachment B. FISCAL IMPACT: No net increase in expenses related to the project are anticipated from this action. 1197187.1 RATIFICATION OF REVISED FIRST AMENDMENTS OF AGREEMENTS WITH TUSD October 18, 2016 Page 2 CORRELATION TO STRATEGIC PLAN: Goal A: Economic and Neighborhood Development. Specifically, the project implements Strategy 1(f), to coordinate development with other public agencies. Additionally, the project contributes to Goal D: Strong Community and Regional Relationships. Specifically, this project implements Strategy 2, continue to work collaboratively with agencies within and outside Tustin on issues of mutual interest and concern (e.g., Tustin Unified School District and the provision of school facilities to serve new and existing neighborhoods in the Legacy area). BACKGROUND AND DISCUSSION: As discussed in the August 16, 2016 staff report, the City and TUSD have discussed modification of the site that will be conveyed to TUSD for construction of a 6-12 School Project on MCAS -Tustin. The revised site consists of a 40 -acre parcel owned by the City and an additional 1.1 acre site which the City is leasing from the Navy ("Revised Site"). The Revised Site provides TUSD with a more uniform parcel for development of the 6-12 School Project and better fits in with the current development plans of Oliver MacMillan. The City would, upon TUSD's approval of the Revised Site, convey the 40 -acre site to TUSD and sublease the 1.1 acre site to TUSD. At such time as the U.S. Navy conveys the 1.1 acre site to the City, it would be conveyed to TUSD. TUSD has the option of not taking the 1.1 acre site if it later determines it is not compatible with TUSD's proposed use. A map with preliminary design drawings of the current 6-12 School Project site and the Revised Site are included as Attachment A. As also discussed in the August 16, 2016 staff report, the other significant change from the 2015 Agreements is that the City will grade the Revised Site instead of TUSD. While the City will thus incur the costs of such grading, the City will be eligible to be reimbursed for this cost out of proceeds generated by the sale of bonds from the TUSD Community Facilities District and other sources of funds being made available to fund the 6-12 School Project. Reimbursement will occur after the 6-12 School Project is funded, but prior to funding of the expansion of Heritage School. The First Amendments also modify some of the dates in the 2015 Agreements because the TUSD needs additional time to investigate the Revised Site and prepare a design for the 6-12 School Project. Under the First Amendments, escrow is now slated to close on March 31, 2017, instead of December 31, 2016. It is not anticipated that the First Amendments will impact the opening dates of the 6- 12 School Project in the long run. Nor will they have any impact on the opening of Heritage School, which will open for the 2016-17 school year. 1197187.1 RATIFICATION OF REVISED FIRST AMENDMENTS OF AGREEMENTS WITH TUSD October 18, 2016 Page 3 Since the Council approved the original version of the First Amendments on August 16, several additional revisions to the First Amendment have been discussed and incorporated, including the following: • Rather than reimburse the City for the full costs of Moffett Drive, TUSD will reimburse a pro rata share of 8.8% of the cost of Moffett Drive between Tustin Ranch Road and what will be a TUSD constructed private drive. This fair share was calculated by the City based upon the 6-12 School Project's estimated percentage of traffic generation on Moffett. This modification is due to the fact that under the current site the sole purpose for extending Moffett was for school access. Under the revised site, Moffett is proposed to cut through and be part of the City's general street circulation system and used extensively by the general public. • Reimburse the City for the full costs of Legacy Road initially, but if Legacy Road is extended to become part of the City's overall street circulation system, the City will refund 90.2% of that amount. This modification is made because under the current site, Legacy Road was only being extended for school access. With the revised site, it is anticipated that Legacy Road will ultimately cut through and be part of the City's general street circulation system and used extensively by the general public. As with Moffett Drive, a fair share calculation was performed by the City to arrive at the 9.8%. • Reimbursement for the above costs will be made, to the extent available, from sources of funds after the 6-12 School Project and expansion of Heritage School have been funded. • The location of the sewer and water facilities is more specifically described. • The Sources of Funding available for the 6-12 School Project and reimbursement for City costs is more specifically described. Attachments A. Maps of current site and Revised Site B. Revised First Amendments and accompanying exhibits 1197187,1