SR - AGR-6096 - RECIPROCAL EASEMENT VEHICLE ACCESS AND PARKING 250 SOUTH YORBA STREETO �� '•QcQ
AGENDA ITEM
Date: May 13, 2014
TO: Honorable Mayor and
Members of the City Council
THRU: John W. Sibley
FROM: Marie Knio
Community
1. SUBJECT:
ReviewedNe ' ied By:
City Manager
Finance Direct r
To Be Present : Ma
Knight
X Cons Calendar
City Mgr Rpts
Council Reports _
Legal Affairs
oards /Cmtes _
Public Hrgs
Admin Reports
Plan/Environ
Reciprocal Easement Agreement between Orange Unified School District and the City of
Orange for vehicle access and parking at 250 South Yorba Street.
2. SUMMARY:
An agreement to establish reciprocal easements between Orange Unified School District
( "District ") and the City of Orange to allow: (1) District to have vehicular access through the
parking lot at Yorba Park to District's parking lot at the Career Education Center (Parkside
School), which is located at 250 South Yorba Street; and (2) the City and members of the general
public to use District's parking lot on such days and at such times that the Career Education
Center is not open and operating for school purposes.
3. RECOMMENDATION:
It is recommended that the City Council approve agreement and authorize the Mayor and City
Clerk to execute on behalf of the City.
4. FISCAL IMPACT
Other then standard administrative costs, there is no fiscal impact associated with approval of
this agreement.
5. Strateeic Plan Goals
5.1 Maintain existing City parks at levels that provide maximum recreational benefit to City
residents.
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6. General Plan Implementation
California Government Code Section 37350 authorizes the City to hold, enjoy, control and
dispose of real property for the common benefit of its citizens. Section 37353 of the California
Government Code authorizes the City to acquire property for parking motor vehicles.
6. DISCUSSION and BACKGROUND
Background:
Yorba Park is approximately 8 acres in size and has been used as a public park since the early
1960's. Prior to the 1960's, the property was used as an Orange County landfill. The property
was subsequently developed as a public park and open for recreational use until 1998. The City
of Orange closed Yorba Park to the public in 1998 to install and operate a landfill gas collection
system at the site. During the park closure period from 1998 to 2004, District property patrons
had been utilizing the existing 65 -space parking lot located on the Yorba Park site for several
District programs, including the Regional Occupational Program (ROP), Adult Education and
Independent Study. During the closure, in addition to the Yorba Park parking lot, the District had
two additional parking lots totaling 165 spaces. There was no formal agreement between the
District and the City for use of the Yorba Park parking lot.
In 2001, the City started to work with interested community groups on the rehabilitation and
improvement of Yorba Park. A Yorba Park Conceptual Master Plan was created and Mitigated
Negative Declaration (MND) No. 1647 -01 was completed in 2002 and approved in 2003. The
traffic study completed as part of the MND recommended that a minimum of 17 additional
parking spaces be provided on District property to accommodate District parking demand during
peak use periods. The City immediately entered into discussions with District representatives to
work towards a cooperative solution.
Discussion:
In 2004, the park officially re- opened and currently contains open space with an active 2 -acre dog
park supported by the 65 -space parking lot. In 2005, the District constructed a third 92 -space
parking lot on District property adjacent to the south side of Yorba Park. In 2006 the District and
the City entered into a 5 -year reciprocal easement agreement, whereby the District would have
vehicle access through the existing Yorba Park parking lot to their newly - constructed parking lot;
in return, the City would be able to utilize the District's parking lots as needed for overflow park
patron parking.
MND Mitigation Monitoring Program TR -1 (Special Events) for Yorba Park states that the City
will utilize the parking lots at the school site adjacent to the park site for special events. This
reciprocal easement agreement ensures compliance with this mandatory mitigation measure.
The 2006 agreement expired several years ago, however both the District and City feel that it
would be in both parties best interest to enter into a new agreement to memorialize the practices
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that continue today with respect to joint use of each other's parking areas. The term of the
Agreement is five (5) years. Termination language in the Agreement allows either the City or the
District to unilaterally terminate the Agreement without any further obligation or liability with
one hundred eighty (180) days advance written notice.
7. ATTACHMENTS
Reciprocal Easement Agreement
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