HomeMy WebLinkAboutHuntington Beach City School District (HBCSD) - 2022-04-19 2000 Main Street
Huntington Beach CA
City of Huntington Beach 926r18 ieorc
File #: 22-358 MEETING DATE: 4/19/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
VIA: Ursula Luna-Reynosa, Director of Community Development
PREPARED BY: Ricky Ramos, Principal Planner
Subject:
Approve and authorize execution of a Memorandum of Understanding between the City of
Huntington Beach and the Huntington Beach City School District (HBCSD) - (Gisler Residential
Project)
Statement of Issue:
Transmitted for your consideration is a MOU between the City and Huntington Beach City School
District to memorialize the distribution and use of $500,000 community benefit funds from the Gisler
residential project.
Financial Impact:
As a condition of the City's approval of Tentative Tract Map No 19136 and Conditional Use Permit
No. 20-024 for the Gisler residential project, the applicant agreed to submit $500,000 as a community
benefit contribution to the City prior to City Council approval of the final map. The City will have the
right to use all or an unused portion of the funds for another community benefit project if the HBCSD
has not made significant progress toward completing the project within two years of the City Council's
project on October 19. 2021 approval.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute a "Memorandum of Understanding
Between the City of Huntington Beach and the Huntington Beach City School District - HBCSD;" and,
B) Establish a fund/account to deposit the $500,000 paid by the developer to be used to fund a
sports field lighting project on HBCSD property and appropriate the funds to reimburse HBCSD for
eligible project costs.
Altemative Action(s):
The City Council may make the following alternative motion(s):
1. Do not approve the MOU between the City of Huntington Beach and the Huntington Beach
City of Huntington Beach Page 1 of 2 Printed on 4/14/2022
pc«ere3t3 Leg�Sta.'-
File #: 22-358 MEETING DATE: 4/19/2022
City School District.
2. Continue the MOU between the City of Huntington Beach and the Huntington Beach City
School District and direct staff accordingly.
Analysis:
The City approved General Plan Amendment No. 20-002, Zoning Map Amendment No. 20-002,
Tentative Tract Map No. 19136, Conditional Use Permit No. 20-024, and Mitigated Negative
Declaration No. 20-002 for the Gisler residential project last year. The approval included a condition
that the applicant pay $500,000 to the City as a community benefit required for the applicant's request
for a Planned Unit Development. The funds are intended for a sports field for lighting project at an
HBCSD property. This MOU has been prepared to memorialize the intended distribution and use of
$500,000 community benefit funds.
Environmental Status:
This item is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061
(b)(3) (General Rule) because it can be seen with certainty that there is no possibility that the MOU
will have a significant effect on the environment.
Strategic Plan Goal:
Infrastructure & Parks
Aftachment(s):
1. Memorandum of Understanding Between the City of Huntington Beach and the Huntington
Beach City School District - HBCSD
City of Huntington Beach Page 2 of 2 Printed on 4/14/2022
oowercXK Legiszar"'
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE HUNTINGTON BEACH CITY SCHOOL DISTRICT- HBCSD
This Memorandum of Understanding ("MOU"),dated this /974' day of�pr�,
2022, is between the City of Huntington Beach ("City")and the Huntington Beach City School
District("HBCSD")collectively, "the Parties".
RECITALS
WHEREAS, Brookfield Properties (the "Developer") purchased the property commonly,
referred to as 21141 Strathmoor Lane (APN 149-302-17)(the"Property")and submitted an
application for General Plan Amendment No. 20-002/Zoning Map Amendment No. 20-
002/Tentative Tract Map No. 19136/Conditional Use Permit No. 20-024/Mitigated Negative
Declaration No. 20-002 to the City to develop a planned unit development with 85 single family
residences(the"Project"); and
WHEREAS. A planned unit development requires a mutual benefit for the residents of
the project as well as the general public (i.e. public benefit); and
WHEREAS, The City Council and the City of Huntington Beach Planning Commission
voted to approve the Brookfield Homes development project at the former Gisler Middle School
site; and
WHEREAS, In addition to installing certain improvements at Gisler Park, the Developer
agreed to provide $500,000 to the City to be used for altemative/new field recreational
opportunities to replace the lighted field at Gisler Middle School; and
WHEREAS, If the funds are not being used toward the installation of overhead lighting
fixtures and/or field improvements at a HBCSD property for recreational use, the City shall
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retain the funds and have the right to use the money for another park and recreation community
benefit, as set forth as part of the Project approvals: and
WI II REAS. City and HBCSD wish to memorialize the distribution and use ofthe
$500.000.00 in accordance with the approvals of the 13rookf ield project; and
NOW. TI E-REPORE, for and in consideration of the promises and covenants hereinafter
contained and intending to be legally bound; the Parties covenant and agree as follows:
SECTION 1. TERNI
This NIOU will become effective on the date it is approved by both City Council and
HBCSD Board of Trustees . or June 30. 2022. whichever is sooner (the "E.Plective Date"). and
shall terminate two (2) years thereafter (the "Term"), except with respect to any obligations
which are to be performed thereafter.
S17CTION 2. OBLIGATIONS Of CITY
1. The City will establish a special fund/account and place the $500.000.00 provided by
Developer into said account to be used to fund new lighted field at any of the remaining
school sites and/or field improvements (collectively referred to as the "Permitted Uses")-
2. In part. the S500.000.00 may be used for architect and engineering costs. feasibility
studies, environmental studies, site-specific analysis, schematic design, construction, and
related soft costs or other costs agreed to by the Parties in identifying and providing the
Permitted Uses.
3. At the end of the two-year term from City Council approval on October 19. 2021, any
remaining non-committed developer funds as part of the $500,000 may be used by the
City of 1-Iuntington Beach as set forth in the Project approvals. The City will not use
these funds or consider the funds "non-comrnitted" if there is significant progress made
toward a Permitted Use.
SL•CfION 3. OBLIGATIONS OF 1-IBCSD
1. 1-IBCSD will follow established procedures for public schools to procure and execute
facilities projects, including competitively bidding the approved Permitted Uses
consistent with California Public Contract Code section 201 1 1.
2. During the feasibility and pre-construction phase, 1-IBCSD approved invoices of'
expenditures will be presented to the City finance department for reimbursement.
3. Based on fcasibility studies. the HBCSD administration will identifl+ a location for a
field and/or held improvement project(s) and present the proposal with a detailed
scope of work, along with the total estimated cost. inclusive of conting"encics to the
City for approval- Prior to presenting the project to HBCSD Board of Trustees for
approval, written approval from the City's Principal Planner must be obtained.
HBCSD will submit their funding draw request to the City for processing.
4. In the event that unexpected conditions are encountered which increase the approved
construction cost for the Permitted Uses. HBCSD shall consult with the Citv's
Principal Planner prior to executing a change order for the additional labor and/or
materials, which additional cost shall be added to the total cost of the Permitted Uses
and shall be subject to the City's reimbursement obligation under this MOU.
5. Within fifteen (1 5) days of each funding draw request, the City will provide payment
to the 1-I11CSD.
3
SECTION 4. NOTICE
Anv written notice, given under the terms of this MOU. shall be either delivered personally or
mailed, certified mail. postage prepaid, addressed to the party concerned, as follows:
Citv I IBCSD
City of t-luntingtcm Beach Huntington Beach City School District
2000 Main Street, P.O. 13ON 190 8750 Dorsett Drive
Huntington Beach. CA 92648 Huntington Beach, CA 92646
Attn: Attn: Jenny Delgado, Assistant Superintendent.
Phone: (714) 536-5291 Administrative Services
Phone: (714) 964-8888
11'a party desires to change the address for notices set forth herein. said party will provide
30 days advance written notice to the other party of any such change.
SECTION 5. ATTORNFY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this MOU
or to secure the performance hercof, each party shall bear its own attorney's fees. The prevailing
party shall not be entitled to recover its attorney's fees from the non-prevailing party.
SECTION 6. CONTROLLING LAW AND VLNUE
The rights and liabilities of'the Parties, and the interpretation and construction of this MOU.
shall be determined in accordance with the laws of the State of California. Any controversy arising
out of or under this N1OU, if litigated. shall be adjudicated in a court of competent jurisdiction in
Orange County, California.
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SECTION 7. SECTION TITLES
The section titles in this MOU are inserted only as a matter of convenience and for reference,
and in no way define, limit or describe the scope of intent of this MOU or in any way affect this
MOU.
SECTION 8. ASSIGNING AS BREACH
Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest
in this MOU, without the express written consent of the other party. A consent by a party to one
assignment or transfer to another person shall not be deemed to be a consent to any subsequent
assignment or transfer to another person. Any encumbrance,assignment or transfer,without the prior
written consent of the other party, whether it be voluntary or involuntary, by operation of law or
otherwise, is void and shall, at the option of the other party, terminate this MOU.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by and
through their authorized officers the day, month and year first above written.
Huntington Beach City School District CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By: A6�k*
Mayor
Print Name
ITS:
ATTEST:
4 .
City Clerk N�lz t
COUNTERPART
5
SECTION 7. SECTION TITLES
The section titles in this MOU are inserted only as a matter of convenience and for reference,
and in no way define, limit or describe the scope of intent of this MOU or in any way affect this
MOU.
SECTION 8. ASSIGNING AS BREACH
Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest
in this MOU, without the express written consent of the other party. A consent by a party to one
assignment or transfer to another person shall not be deemed to be a consent to any subsequent
assignment or transfer to another person. Any encumbrance,assignment or transfer,without the prior
written consent of the other party, whether it be voluntary or involuntary, by operation of law or
otherwise, is void and shall,at the option of the other party, terminate this MOU.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by and
through their authorized officers the day, month and year first above written.
Huntington Beach City School District CITY OF HUNTTNGTON REACH,a
municipal corporation of the State of
California
By: -
bejfma
t CaOt Mayor
Print Name
ITS: i 4.�v
r A17FST:
City Clerk •%k7
COUNTERPART
5
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City ager C Attorney
COUNTERPART
6
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 • wti -w.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
April 27, 2022
Huntington Beach City School District
Attm Jenny Delgado, Asst. Superintendent, Admin. Services
8750 Dorsett Drive
Huntington Beach, CA 92646
Dear Ms. Delgado:
Enclosed is a partially executed original of the "Memorandum of Understanding
between the City of Huntington Beach and the Huntington Beach City School District -
HBCSD" approved by the Huntington Beach City Council on April 19, 2022.
Upon complete execution, please return the fully executed original MOU to:
Robin Estanislau
City Clerk
2000 Main Street, 2n° Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosures
Sister Cities: Anjo, Japan Waitakere, New Zealand
Moore, Tania
From: Estanislau, Robin
Sent: Tuesday, April 19, 2022 1:37 PM
To: Moore, Tania
Subject: FW: Agenda Item 22-358: MOU with HBCSD
SC
Robin Estanislau, CMC, City Clerk
City of Huntington Beach
714-536-5405
r
Please consider the HB City Clerk's office for your passport needs!
From: Leisa Winston<Iwinston@hbcsd.us>
Sent:Tuesday, April 19, 2022 1:34 PM
To: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>
Subject:Agenda Item 22-358: MOU with HBCSD
Dear Huntington Beach City Council Members,
Huntington Beach City School District appreciates your consideration and approval of Agenda Item 22-358, a
Memorandum of Understanding to memorialize the distribution and use of the S500,000 Brookfield Project
Trust for alternative field recreational opportunities to replace the lighted field at Gisler Middle School. We
look forward to continuing the collaboration and partnership with the City in support of the Huntington Beach
community.
Leisa Winston, Ed.D.
8750DrsettSuperintendent
• Huntington Beach City School District
8750 Dorsett Dr I Huntington Beach,CA 92646
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