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Informational Report - University Membership
CITY OF PALM DESERT UNIVERSITY PLANNING COMMITTEE STAFF REPORT REQUEST: INFORMATIONAL REPORT ON MEMBERSHIP OF THE UNIVERSITY PLANNING COMMITTEE SUBMITTED BY: John M. Wohlmuth, City Manager DATE: February 24, 2011 CONTENTS: • Staff Report • February 2, 2011, Letter from CSUSB • October 29, 2008, Letter from CSUSB • February 2011 University Planning Committee Roster • First Amendment to Disposition and Development Agreement Recommendation By Minute Motion, receive and file the report. Background The Palm Desert Redevelopment Agency and The Trustees of the California State University (CSU) entered into a Disposition and Development Agreement (DDA) on November 16, 1999. On March 22, 2001, the First Amendment was approved, recognizing a Memorandum of Understanding (MOU) between CSU and The Regents of the University of California, Riverside (UCR), so that UCR could also establish a presence in the Coachella Valley along with CSU. The original DDA, and the subsequent First Amendment, call for a "University Planning Committee" (see page 2 of the First Amendment, attached) and its membership requirements. If there are any changes to be made to the current roster, the City of Palm Desert is respectfully requesting that the CSUSB and UCR provide the changes at this meeting to be memorialized for future reference. Respectfully submitted, Jo n M. Wohlmuth, City Manager -I;gq City of Palm Desert, California JMW:rdk Attachments (as noted) /�\ CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PALM DESERT CAMPUS February 2, 2011 Mr. John Wohlmuth City Manager City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Dear John: I'm not sure that you know the history of the University Planning Committee, so I thought it would help if I filled you in. The First Amendment to Disposition and Development Agreement dated March 22, 2001, contains the following language: 3. University Planning Committee. The following language shall hereby be substituted in lieu of, and shall supersede and replace in its entirety, the language set forth in Section 4.2 of the Agreement: CSLJ shall establish the University Planning Committee (the "Planning Committee'""; whose charge will be to review all interim and permanent development proposed ioi laF Site and the Reserve Property. The Planning Committee will review proposed developments prior to submission for action. The Planning Committee shall also review and comment upon proposed revisions to the Master Plan. The Committee will provide advice and recommendations to the President of California State University, San Bernardino, regarding development on the property owned by the California State University, and to the Chancellor of University of California at Riverside regarding the property owned by UCR. The Planning Committee will be composed of thirteen (13) members. Five (5) will be identified by the Mayor of Palm Desert, five (5) will be identified by the President of CSU, and two (2) will be identified by the Chancellor of the University of California, Riverside. The Mayor, the President of CSU and the Chancellor of UCR will jointly iucfiu y Inc i3 member, vvlto wiii oe the L,cldn. Cordially, Fred E. andt, Ph.D. Dean Palm Desert Campus California State University, San Bernardino 760.341.2883 • fax:909.573.8180 37-500 COOK STREET, PALM DESERT, CA 92211 -2900 The California State University • Bakersfield • Channel Islands Chico • Dominguez Hills East Bay • Fresno Fullerton • Humboldt • Long Beach • Los Angeles Maritime Academy • Monterey Bay • Northridge • Pomona • Sacramento • San Bernardino • San Diego • San Francisco • San Jose • San Luis Obispo • San Marcos • Sonoma • Stanlslaus S7Arr 4 a u -e 6ERNN i1�...�1k.1`yi :/ .�1A1 I,11� IVE[611 "�',::=AN BEI�.I /���D h-' Office of the President October 29, 2008 Mr. Carlos Ortega City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Dear Carlos: In accordance with the First Amendment to the Disposition and Development Agreement between the Palm Desert Redevelopment Agency and the Trustees of the California State University dated March 22, 2001, I'm communicating my concurrence with Mayor Benson's recommendation to appoint Mr. Van Tanner as the Chairperson and thirteenth member of the University Planning Committee for CSUSB's Palm Desert Campus. Regards, Albert . Kamig President c: David DeMauro, Vice President for Administration and Finance, CSUSB Fred Jandt, Dean, Palm Desert Campus, CSUSB The Honorable Robert A. Spiegel, Mayor Pro Tem, City of Palm Desert 909.537.5002 - fax:909.537.5901 - www.csusb.edu/president 5500 UNIVERSITY PARKWAY, SAN BERNARDINO, CA 92407-2393 The California State University - Bakersfield • Channel Islands • Chico - Dominguez Hills • East Bay - Fresno - Fullerton • Humboldt • Long Beach • Los Angeles Maritime Academy • Monterey Bay • Northridge - Pomona - Sacramento • San Bernardino • San Diego - San Francisco - San Jose • San Luis Obispo • San Marcos • Sonoma • Stanislaus UNIVERSITY PLANNING COMMITTEE Membership Roster - February 2011 Committee Chair Van Tanner 39918 Cricket Cove Palm Desert, CA 92211 760-360-4744 City of Palm Desert (5) ALL: 73510 Fred Waring Drive Palm Desert, CA 92260-2578 760-346-0611 cityhallncity palmdesert.oriz Jean M. Benson, Mayor Robert A. Spiegel, Mayor Pro Tern Cindy Finerty, Councilmember Jan C. Harnik, Councilmember William R. Kroonen, Councilman CSU, San Bernardino (5) 5500 University Parkway San Bernardino, CA 92407 OR 37500 Cook Street Palm Desert, CA 92211 Robert Gardner Vice President for Administration and Finance California State University, San Bernardino San Bernardino, CA 909-537-5130 Fred Jandt, Dean, Palm Desert Campus California State University, San Bernardino Palm Desert, CA 760-341-2883 or 909-537-8101 Pamela Langford, Director, Alumni Affairs California State University, San Bernardino San Bernardino, CA 909-537-3700 Jenny Zorn, Associate Provost - Academic Programs California State University, San Bernardino San Bernardino, CA 909-537-5024 Dr. Doris Wilson, Associate Dean Palm Desert Campus Palm Desert, CA 760-341-2883 or 909-537-8102 UC Riverside (2 members) 900 University Avenue Riverside, CA 92521 OR 75080 Frank Sinatra Drive Palm Desert, CA 92211 Timothy P. White, Chancellor University of California, Riverside Riverside, CA 951-827-5201 David W. Stewart, Dean School of Business Administration University of California, Riverside Riverside, CA 951-827-4237 david. stewart(a,ucr. edu UNIVERSITY PLANNING CMTE Other Interested Parties Hamid Azhand, Director Capital Planning Design and Construction California State University, San Bernardino 5500 University Parkway San Bernardino, CA 92407 909-537-5136 John Wohlmuth, City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260-2578 760-346-0611 Steven Aryan, Assistant to the City Manager City of Palm Desert 73 510 Fred Waring Drive Palm Desert, CA 92260-2578 760-346-0611 Mark Greenwood, Director of public Works City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260-2578 760-346-0611 Bo Chen, City Engineer City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260-2578 760-346-0611 Tamara Hedges, Chief Operating Officer UCR — Palm Desert Graduate Center 75080 Frank Sinatra Drive Palm Desert, CA 92211 760-834-0581 Tama_ i_ ges(a ucr.edu Page 2 of 2 Gretchen Bolar, Vice Chancellor — Business and Finance Operations University of California, Riverside 900 University Avenue Riverside, CA 92521 gretchen bolar(2ucr.edu Tim Ralston, Associate Vice Chancellor — Capital and Physical Planning University of California, Riverside 900 University Avenue Riverside, CA 92521 Timot—hy-r—alston@ucr.edu Lars Walton, Assistant Vice Chancellor — Government Relations University of California, Riverside 900 University Avenue Riverside, CA 92521 951-827-8324 Lars waltonna ucr.edu Jeff Kraus, Director of Local and Community Relations University of California, Riverside 900 University Avenue Riverside, CA 92521 Jef£kraus ucr.edu Jerry R. Patton, President College of the Desert 43-500 Monterey Avenue Palm Desert, CA 92260 760-773-2511 Revised 02118111/rdk FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (this "Amendment") is made and entered into as of the _2 ,2_ day of March , 2001, by and between the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), and THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, an entity of the State of California ("CSU"), with respect to the following facts: RECITALS A. The Agency and CSU entered into a Disposition and Development Agreement dated as of November 16, 1999 (the "Agreement"), with respect to that certain real property located in the City of Palm Desert, County of Riverside, State of California. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Agreement. B. The Agreement provided for the conveyance of at least forty (40) acres of that certain real property owned by the Agency to CSU, located at the northeast corner of Frank Sinatra Drive and Cook Street within the City of Palm Desert, California (the "Site"), within one mile of Interstate 10 and four miles from State Route 111, so that CSU may relocate the Coachella Valley Center of California State University, San Bernardino from its former location in leased quarters at the College of the Desert to the Site. C. Pursuant to the Agreement, the parties agreed to designate the size and location of the Site to be conveyed and by subsequent Grant Deed, Agency conveyed approximately fifty (55) acres to CSU, which real property constitutes the current Site. D. The Agreement further provided for the reservation by the Agency to CSU of approximately one hundred sixty (160) acres of real property which is located adjacent to the Site and is owned by the Agency (the "Reserve Property") for a period of ten (10) years, so that the Reserve Property can be used for a CSU campus, if one should be built. Because the size of the Site was expanded from 40 to 55 acres, the Reserve Property now consists of approximately 145 acres. A plot plan map of the Site and the Reserve Property is attached hereto as Exhibit A and incorporated by reference herein. E. CSU and The Regents of the University of California, Riverside ("UCR") entered into a Memorandum of Understanding on March 21, 2000 (the "MOU"), whereby CSU has agreed to release its option rights with respect to a portion of the Reserve Property, which rights are set forth in Section 2.2 of the Agreement, in order to allow for the construction and development of an International Center for Entrepreneurial Management (the "Center") within the A. Gary Anderson Graduate School of Management of the University of California, Riverside and related facilities on a portion of the Reserve Property by the Richard J. Heckmann Foundation ("Heckmann"). Pursuant to the MOU, the Center will include facilities that will be available for joint use by UCR and CSU. E. Pursuant to and in accordance with Paragraph E of the MOU, the Agency and CSU desire to amend the Agreement in order to reduce the amount of the Reserve Property from one hundred P6402\0001\616309.4 rev. 3/05/01 forty-five (145) to one hundred twenty-five (125) acres so that UCR and Heckmann may utilize the 2u,"'" remaining twenty (20) acres, which are legally described on Exhibit B attached hereto and incorporated herein by this reference, for construction of the Center and other related improvements thereon. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this reference, it is agreed by the parties hereto as follows: 1. Recital J. The following language shall hereby be substituted in lieu of, and shall supersede and replace in its entirety, the language set forth in Recital J of the Agreement: "In order to accommodate possible development of a separate CSU campus, the City, Agency and CSU will continue to discuss the potential use of up to one hundred twenty-five (125) acres of land adjacent to the Site." 2. Modification in Area of the Site. The following language shall hereby be substituted in lieu of, and shall supersede and replace in its entirety, the language set forth in Section 2.2 of the Agreement: "Pursuant to CSU's request, and for all purposes hereunder, the size of the Site was and is increased to fifty-five (55) acres and the Reserve Property similarly 'N reduced to one hundred forty-five (145) acres. Pursuant to a Memorandum of Understanding with the University of California, Riverside, dated March 21, 2000 (the "MOU"), CSU agreed to reduce the size of the Reserve Property further by releasing approximately twenty (20) acres for UCR's development as described in the MOU. Therefore, in accordance with Recitals A and J of this Agreement, as amended, the Agency will reserve the balance of the Agency property consisting of approximately one hundred twenty-five (125) acres (hereinafter, the "Reserve Property") adjacent to the Site for a period of ten (10) years from the date of the Agreement, such that it can be used for a CSU campus, if one should be built. The Agency shall not sell, lease, transfer or otherwise encumber the Reserve Property for a period of ten (10) years from the date of the Agreement, except if the Agency and CSU agree in writing upon a mutual release of any of the Reserve Property or a mutually compatible temporary land use for the Reserve Property." 3. University Planning Committee. The following language shall hereby be substituted in lieu of, and shall supersede and replace in its entirety, the language set forth in Section 4.2 of the Agreement: CSU shall establish the University Planning Committee (the "Planning Committee") whose charge will be to review all interim and permanent development proposed for the Site and the Reserve Property. The Planning Committee will review proposed developments prior to submission for action. The Planning Committee shall also review and comment upon proposed revisions to the Master Plan. The Committee will provide advice and recommendations to the President of California State University, San Bernardino, regarding development on the property P6402\0001\616309.4 rev. 3/05/O1 Page 2 of 5 owned by the California State University, and to the Chancellor of University of California at Riverside regarding the property owned by UCR. The Planning Committee will be composed of thirteen (13) members. Five (5) will be identified by the Mayor of Palm Desert, five (5) will be identified by the President of CSU, and two (2) will be identified by the Chancellor of the University of California, Riverside. The Mayor, the President of CSU and the Chancellor of UCR will jointly identify the 13th member, who will be the Chair. 4. Event of Conflict. In the event of conflict or inconsistency between the terms and conditions of the Agreement and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall control. 5. All Other Provisions of Agreement to Remain in Effect. All of the other remaining provisions of the Agreement, and the terms, conditions and covenants contained therein, do hereby remain in full force and effect and shall not be amended, modified or in any way affected hereby. [Signature page follows] P6402\0001\616309.4 rev. 3/05/01 Page 3 of 5 r, horized representatives of the Agency and CSU hereby IN WITNESS WHEREOF, the aut execute this Amendment as of the date and year first above written. "CSU" THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY B � y� d/� ggLl Dr. Charles Reed Chancellor "The Agency" PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Carlos L. Ortega Executive Director --A ST: By: Sheila R. G' ligan Agency Secretary Approved as to form: Richards, Watson & Gershon, a professi,dna�corporation� r {/ By: Wil iam L. tr usz, Agency Attorney Wilha)rmnL.�tr T111 Pa P6402\0001\616309.4 rev. 3/05/01 9e 4 of 5 r; STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE On i-4 '1 , 2001, before me personally appeared CARLOS L. ORTEGA, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. _.l VAI r�,'1 A a ;' T�Y��i.rai�_�Ct�. Notary Public STATE OF CALIFORNIA ole*t ss. COUNTY OF RA V ER WOREEt4 BOUCHARD err bslon # 1239787 1400y Public - Colifomia oval** County moo C=On 2001, before me, personally appeared DR. E REED, personally known to me (or proved Wmdon the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity on behalf of which the person acted, executed the instrument. 'SS my hand and of icial seal. Cornrn. # 11fir+U4s� PUbliC?' NorARY PUBLIC - CALIMINIA Los Angeles County 9 {4 sp My Carom. Expires May 18, 20MA wow' ATE OF CALIFORNIA )ss. COUNTY OFiM AM1. ) On / , 2001, before me, l: ►k4U )WOR4 LJAAby 'ersonally appeared ALBERT K. KARNIG, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity on behalf of which the person acted, executed the instrument. WITNESS my an and official seal. CARMEN MURILLO-MOYEDA Commission # 1288M Notary Public - Cogfomio Notary Public Son Bernardino Cecxrty 6MYComm.I5PkmJmX2M5 P6402\0001\616309.4 rev. 3/05/01 Page 5 of 5 aXHIBIT A U �a: I a� �U �z WQ UY Q �w �w Q� nz °C n� =Q =U >0 z ucr �z J t -La=-IH1S IR )1000 W Q Q Q Z 17, EXHIBIT B LEGAL DESCRIPTIONS P. "T 4I3 R.S. 103169--69 11.47ACR,E'S LS L9 T.P.O.B. V891071 E 202.39• FRANK SIIVATRA DRIVE LEGEND -- - - — PROPERTY TO BE DEEDED. O 'CD NCH '7C y SCALE 1 "=300' 3-31-04 1V1\- ?�P TF OF Cpkv LINE AND CURVE DATA NO. BRG. !DELTA RADIUS LENGTH ti N89°49'59"E — 92.52' tz NO' 10'01 "W — 81.00, O N89049'59"E — 234.71' to S87'03'59"E — 480.80' Q N89'50'32"E — 205.00' N00'09'28"W — 660.76' Q S23-41-17"E — 127.63' S00'09'28"E — 272.86' S89'50'32"W — 857.22' ci 44052'35" 965.50' 756,22' O 84'58'49" 34,50' 51.17' c� 23'31'49" 447.00' 183.57' c� 41'48'52" 34.50' 25.18' ll,;. y oYa BY cnr of pAti oanT PREPARED Br.• UCR HECKMANN CENTER sm' I BW PLAT RMIPMW POR. SECTION ,74 I l U � ��� � � !f 0.�rA Mo.. I+R 20. 7! • 710 iO w" CA 92I W �� �i a +7 u.. av�. u s77w 32..736.2345 7W ME W. / RC.E 421M W. 3 31-04 •77]•MW fAR.323.726•2321 iu.7a•na.L(w SEC. 34 , T. 4 S., R. 6 E.. S.B.N. 0/-COI LEGAL DESCRIPTION All that portion of Section 34, in Township 4 South, Range 6 East, San Bernardino Meridian, in the County of Riverside, State of California, described as follows: Beginning at the Northwest comer of Section 3, Township 5 South, Range 6 East, San Bernardino Meridian, in the County of Riverside, State of California, which bears S89049'59"W 783.33 feet from the Southeast comer of Section 33, Township 4 South, Range 6 East, San Bernardino Meridian; Thence N89°49'59"E 92.52 feet along the South line of said Section 33; Thence NO°10'01"W 81.00 feet to a line that is parallel with and distant 81.00 feet Northerly from said South line of Section 33; said point being shown on a Record of Survey recorded in Book 103, Pages 68 and 69, of Records of Survey -of said County; Thence N89°49'59"E 234.71 feet along said parallel line and the Northerly right of way of Frank Sinatra Drive; Thence S87°03'59"E 480.80 feet; Thence N89°50'32"E 205.00 feet to the True Point of Beginning; Thence NO°09'28"W 660.76 feet to the beginning of a non tangent curve concave Northeasterly and having a radius of 965.50 feet; a radial line of said curve through said point bears S26°12'28"W; Thence Easterly 756.22 feet along said curve through an angle of 44°52'35" to the beginning of a tangent curve concave Southwesterly and having a radius of 34.50 feet; Thence Southeasterly 51.17 feet along said curve through an angle of 84°58'49' ; Thence S23°41' 17"E 127.63 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 447.00 feet; Thence Southerly 183.57 feet along said curve through an angle of 23031'49"; Thence S0009'28"E 272.86 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 34.50 feet; Thence Southwesterly 25.18 feet along said curve through an angle of 41 °48'52" to a point on the Northerly right of way of said Frank Sinatra Drive; Thence non tangent to said curve S89°50'32"W 857.22 feet along said Northerly right of way to the True Point of Beginning; The parcel described herein contains 11.467 acres, more or less. R.S. 103169--69 G04 ;, r.P.O.B, NI9 49'5 B. L/ 6-- 4j3 FRANK SINATRA DRIVE LINE AND CURVE DATA NO. BRG. / DELTA RADIUS LENGTH u N8904959"E — 92.52' 0 NO* 10'01 "W — 81.00' O N89°49'59"E — 82.84' O N42-11-33"E — 998.61' © SOO°09'28"E — 660.76' S89e50'32"W — 205.00' 0 N87°03'59"W — 490.80' ® S89°49'59"W — 151.87' 1103145" 965.50' 194.28' LEGEND -'PROPERTYMBE DEEDED NC SCALE 1"=300' �W- 'b843-31- 4 !�/I ws'ID Br C17T OF P,ILU OmuE'RT PREPARED BY. UCR KEC ANN CENTER "' S1YBdT I Bhfp PLOT . """'" DiSl94JPflON POR. SECTIONS 94 ! +we c a..a w.�w IN »•ne r..rs.w.ra / V// S c4xzw off M.7e DATB � � • -mn � .eett w. cew.. a n ee f17A' get 4ZIN a? J-X-04 a•�n•eeoo SEC. 9J-J� , r. I S. A 6 E. S.B.M. �ti i»•tug •rn•wa 0/-704 LEGAL DESCRIPTION All that portion of Sections 33 and 34, in Township 4 South, Range 6 East, San Bernardino Meridian, in the County of Riverside, State of California, described as follows: Beginning at the Northwest comer of Section 3, Township 5 South, Range 6 East, San Bernardino Meridian, in the County of Riverside, State of California, which bears S89049'59"W 783.33 feet from the Southeast corner of said Section 33; Thence N89°4959"E 92.52 feet along the South line of said Section 33; Thence N0010' 01 "W 81.00 feet to a line that is parallel with and distant 81.00 feet Northerly from said South line of Section 33; said point being shown on a Record of Survey recorded in Book 103, Pages 68 and 69, of Records of Survey of said County; Thence N89°49'59"E 82.84 feet along said parallel line and the Northerly right of way of Frank Sinatra Drive to the True Point of Beginning; , Thence N42011'33"E 998.61 feet to the beginning of a non tangent curve concave Northeasterly and having a radius of 965.50 feet; a radial line of said curve through said point bears S37044' 14"W; Thence Southeasterly 194.28 feet through an angle of 11 *31'45' ; Thence non tangent to said curve S00009'28"E 660.76 feet to a point on the Northerly right of way of said Frank Sinatra Drive; Thence S89050'32"W 205.00 feet along said Northerly right of way; Thence N87003'59"W480.80 feet; Thence S89049'59"W 151.87 feet to the True Point of Beginning; The parcel described herein contains 8.537 acres, more or less.