CC SR 20191029 02 - NPS Deed of ReleaseRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/29/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to authorize the Mayor to sign and execute
agreements with the United States government releasing and adding deed restrictions
over the Civic Center property.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign and execute the agreements.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Megan Barnes, Senior Administrative Analyst
REVIEWED BY: Doug Willmore, City Manager
APPROVED BY: Same as above
ATTACHED SUPPORTING DOCUMENTS:
A. September 3, 2019 staff report (page A -1)
B. Deed of Partial Release and Declaration of Restrictions (page B-1)
BACKGROUND AND DISCUSSION:
Earlier this year, the City received formal approval from the federal government to
transfer oversight of the Civic Center property on Hawthorne Boulevard from the
National Park Service (NPS) to the U.S. General Services Administration (GSA) on
behalf of the Department of Justice (DOJ) and the Federal Emergency Management
Agency (FEMA).
The transfer culminates a 25-year effort to lift longstanding restrictions that limit uses of
the property, a former Nike missile post that has been home to Rancho Palos Verdes
City Hall since the 1970s.
In September 2019, NPS notified the GSA that NPS had agreed to release passive
recreational covenants from 9.5 acres of the Civic Center property. GSA, acting on behalf
of the federal government and DOJ and FEMA, will replace those passive recreational
covenants with law enforcement and emergency management covenants. This change
will enable the City to add public safety uses to the Civic Center site, such as a fire
1
station, Sheriff’s Department substation, an upgraded helipad and a state-of-the-art
emergency operations center.
A map showing the property area can be found in the September 3, 2019 staff report
that accompanied an update to the City Council (Attachment A).
The agreement before the council tonight (Attachment B) will release and replace these
restrictions. By entering the agreement, the City agrees to ensure the 9.5-acre portion of
the Civic Center site will be used solely for law enforcement and emergency
management response purposes in perpetuity.
Staff therefore recommends the City Council authorize the Mayor to sign the partial deed
release and declaration of restrictions.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not authorize the Mayor to sign the agreements.
2
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/03/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Receive and file a land use update regarding the Civic Center property
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a land use update regarding the Civic Center property
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Gabriella Yap, Deputy City Manager
REVIEWED BY: Same as above
APPROVED BY: Doug Willmore, City Manager
ATTACHMENTS:
A) Map of area under the Department of Justice and the Federal Emergency
Management Agency (page A-1)
BACKGROUND AND DISCUSSION:
Since the Civic Center property was acquired from the federal government as part of the
National Park Service's (NPS) Federal Lands to Parks Program, it has been under
oversight of the NPS and significant conservation easements have been in place on
part of the property, thus limiting the uses of the property. At the Council’s direction,
Staff has been addressing these limitations with the federal government.
Attachment A shows the Civic Center property. The area in yellow is restricted to
“general government use.” The area in red has been restricted to “passive recreational
use.”
Over the past 25 years, the City reached out to the NPS numerous instances attempting
to lift the existing deed restrictions on the red outlined area, but to no avail. Due to the
public safety priorities of the City Council, the City requested the NPS allow the
placement of public safety facilities, such as a fire station, Sheriff’s Department
substation, updated helipad, and emergency operations center, on the Civic Center
property. Though the City fully believes these were allowable as supporting amenities to
the open space area in the event of a fire or major disaster , and because the area is a
A-1
gravel parking lot and existing helipad — meaning no recreational value would be lost —
NPS refused to qualify these as such. Staff was directed by the City Council to
concurrently pursue legislative and administrative options.
Councilwoman Brooks and Mayor Pro Tem John Cruikshank served on the Civic Center
subcommittee, and Mayor Duhovic, Councilwoman Brooks and City Manager Willmore
attended a number of meetings with Congressional representatives, and members of
different agencies in Washington, D.C. to discuss the deed restrictions on the property
and potential uses in depth. City Manager Willmore made eight separate trips to
Washington, D.C. over the past two years to continue work on this issue. Based on the
recommended direction of Ralph Conner of the General Services Administration (GSA),
and Dan Smith, Acting Director of the NPS, staff filed paperwork with the GSA to
convey the oversight of the property to the Department of Justice (DOJ) and the Federal
Emergency Management Agency (FEMA) for public safety uses.
Rancho Palos Verdes has now received formal approval from all agencies involved —
GSA, DOJ, FEMA and NPS — to transfer oversight of the subject property from NPS to
DOJ and FEMA (with GSA acting as their agent). Thus, the allowed use of the property
has changed from passive recreation to public safety uses. Again, attachment A shows
the area with general government use restrictions in yellow, and the area that is
reverting to DOJ, FEMA, and GSA oversight for public safety use outlined in red. This
additional 9.48 acres would allow for much needed public safety improvements and
facilities.
GSA has informed the City that it expects the new deeds to be recorded within the next
several weeks.
It is important to acknowledge the entire City Council, and especially Councilwoman
Brooks, for its commitment and tireless work on this initiative. Also, Tim Stewart of
American Capitol Group, Los Angeles County Supervisor Janice Hahn and her Chief of
Staff Nick Ippolito, Senator Dianne Feinstein and her staff, Rep. Ted Lieu and his staff,
Rep. Rob Bishop, the House Committee on Natural Resources staff, Ralph Conner of
the GSA, NPS Acting Director Dan Smith, Elena Gerli of Aleshire & Wynder, and all City
staff who worked tirelessly on this project, but especially Gabriella Yap and Kit Fox.
A-2
03/13/19
City of Rancho Palos Verdes: Proposed Boundaries
0.045 Miles
¯Id
Total = 17.27 AC
Proposed Civic Center Boundary = 9.48 AC
Exisiting Civic Center Boundary = 7.79 AC
A-3
Recording requested by:
When recorded mail to:
______________________________________________________________________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1088-AF
DEED OF PARTIAL RELEASE
This Deed of Release (this “Release”) is from THE UNITED STATES OF AMERICA, acting by and
through the undersigned Regional Director, Pacific West Region, National Park Service, under and pursuant
to the power and authority contained in the provisions of the Federal Property and Administrative Services
Act of 1949 (63 Stat. 377), as amended (the “Act”), and regulations and orders promulgated thereunder
(hereinafter designated "Grantor"), to the City of Rancho Palos Verdes, a municipal corporation existing
under the laws of the State of California (“Grantee”), and its assigns.
Recitals:
A. On October 30, 1979, Grantor conveyed to Grantee, pursuant to authority delegated by the
Secretary of the U.S. Department of the Interior, and as authorized by the Act and regulations and orders
promulgated thereunder, 75.53 acres of real property, more or less, located in Rancho Palos Verdes,
California (the “Park Property”), as more fully described in the Quitclaim Deed dated October 30, 1979,
and recorded in the Official Records of Los Angeles County, California on December 6, 1979 as Instrument
No.79-1370945 (the “Quitclaim Deed”). The Quitclaim Deed corrected errors in the legal description and
acreage figures contained in the original quitclaim deed for the Park Property which was executed on
August 25, 1978 and recorded in the Official Records of Los Angeles County, California on September 27,
1978 as Instrument No. 78-1074154.
B. The Park Property was conveyed to Grantee upon the express condition that the Park Property was
to be used exclusively for public park and recreational purposes and certain restrictions were expressly set
forth as paragraphs 1 through 8 of the Quitclaim Deed (collectively, the “Restrictions”).
C. Subsequent to the said conveyance of Park Property, Grantee determined it no longer needs all of
the Park Property for park and recreation area purposes, and sought to utilize a portion of the Park Property,
consisting of a tract of approximately 9.549 acres, as more fully described on Exhibits A and B attached
hereto and made a part hereof (the “Released Property”), for law enforcement and emergency services
purposes.
D. The Grantee has requested that the Released Property be released from public park and recreation
area covenants, and that it be made subject to the covenants of the Law Enforcement public benefit
conveyance program administered by the Department of Justice, and the Emergency Management Response
public benefit conveyance program administered by the Federal Emergency Management Agency.
B-1
E. The Grantee has applied to the Department of Justice and the Federal Emergency Management
Agency for transfer of the Released Property to their public benefit conveyance programs, and both agencies
have accepted Grantee’s applications.
F. The General Services Administration has advised the National Park Service by letter dated
September 20, 2019, that it concurs with releasing all Restrictions set forth in the Quitclaim Deed placed
upon the Released Property for public park and recreational purposes and for the replacement of those
restrictive covenants on the Released Property with those of the law enforcement and emergency
management program restrictive covenants.
G. This Deed of Release has no effect on the remainder of the Park Property not included with the
Released Property (the “Unaffected Park Property”).
NOW, THEREFORE, the said Regional Director, acting on behalf of the United States of America,
does hereby release the Released Property from Restrictions 1-8 placed upon it in the Quitclaim Deed,
including, without limitation, the requirement that the Released Property be used exclusively for public park
and recreational purposes. This Release does not affect, and the Released Property remains subject to, all
legal easements, leases, agreements, rights-of-way, and other restrictions.
In consideration of the release of the Released Property from the Restrictions, Grantee has on this
same day entered into a Declaration of Restrictions with the United States of America, acting by and
through the General Services Administration, whereby Grantee will pledge certain rights and interests in the
Released Property to the United States of America, acting by and through the General Services
Administration. The form of the Declaration of Restrictions is attached as EXHIBIT C to this Release.
This Release does not affect the Unaffected Park Property, and the covenants and restrictions of the
Quitclaim Deed remain unmodified and in full force and effect with respect to the Unaffected Park Property.
---------------------------------------- Remainder of page intentionally left blank --------------------------------------
B-2
IN WITNESS WHEREOF, the Grantor has caused this Deed or Release to be executed in its name
and on its behalf on this the ________ day of _____________________, 2019.
UNITED STATES OF AMERICA
Acting by and through the Secretary of the Interior
By: ________________________________
Stan Austin
Regional Director, Pacific West Region
National Park Service
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
) ss.
County of San Francisco )
On before me, ______________________________________,
personally appeared ___________________________________________, who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and
acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS, my hand and official seal.
___________________________________ SEAL:
(Signature of Notary Public)
B-3
The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume
and be bound by all the obligations, conditions, covenants and agreements therein contained.
City of Rancho Palos Verdes, __________
By
Date
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
) ss.
County of _______________ )
On before me, ______________________________________,
personally appeared ___________________________________________, who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and
acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS, my hand and official seal.
___________________________________ SEAL:
(Signature of Notary Public)
B-4
EXHIBIT A
Released Property
B-5
B-6
B-7
B-8
B-9
EXHIBIT C
Form of the Declaration of Restrictions
Recording requested by and
when recorded mail to:
City Clerk
City of Rancho Palos Verdes
Address
City, Zip
No Fee Recording Pursuant to
Government Code Section _________
___________________________________________________________________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS is made this ____ day of ____, 2019 by the
CITY OF RANCHO PALOS VERDES, a municipal corporation existing under the laws
of State of California acting by and through the City Council of the City of Rancho Palos
Verdes (“Declarant”) and the UNITED STATES OF AMERICA acting by and through the
General Services of Administration (“GSA”) under and pursuant to the powers and
authority contained in Title 40, U.S. Code§ 553 (b).
Recitals:
A. On October 30th, 1979 the Secretary of the U.S. Department of the Interior
(“DOI”), and as authorized by the Federal Property and Administrative Services Act of
1949 and regulations and orders promulgated thereunder, conveyed to Declarant 75.53
acres of real property, more or less, located in Rancho Palos Verdes, California (the
“Property”), as more fully described in a quitclaim deed recorded in the Official Records
of Los Angeles County, California on December 6, 1979 as Instrument No.79-1370945
(the “Quitclaim Deed”). The Quitclaim Deed corrected errors in the legal description
and acreage figures contained in the original quitclaim deed for the Property recorded in
the Official Records of Los Angeles County, California on September 27, 1978 as
Instrument No. 78-1074154.
B. The Property was conveyed and accepted by Declarant upon the express
condition that the Property was to be used exclusively for public park and recreational
purposes pursuant to certain restrictions set forth in paragraphs 1 through 8 of the
Quitclaim Deed (collectively, the “Park Restrictions”).
C. Declarant has determined it no longer needs all of the Property for park and
B-10
recreation area purposes, and desires to utilize a portion of the Property, consisting of
approximately 9.549 acres, as more fully described on Exhibits A and B attached hereto
and made a part hereof (the “Released Property”), for law enforcement and emergency
management response purposes.
D. On April 10th, 2019, Declarant submitted an application including Program of
Utilization and plan (“April 2019 Application”) to the Department of Just ice and the
Federal Emergency Management Agency for transfer of the Released Property to their
public benefit conveyance programs, and both agencies have accepted and approved
Declarant’s April 2019 Application.
E. GSA has advised DOI by letter dated September 20th, 2019, that it concurs with
releasing all Park Restrictions placed upon the Released Property in exchange for
subjecting the Released Property to restrictions for law enforcement and emergency
management response purposes.
F. Declarant has agreed to impose on the Property, in exchange for the release of
the Park Restrictions from the Released Property, restrictive covenants to ensure that
the Released Property will be used solely for law enforcement and emergency
management response purposes in perpetuity.
NOW THEREFORE, in consideration of the mutual agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Declarant does hereby declare, covenant, and agree, for itself a nd its
successors and assigns, that the Released Property shall hereafter and perpetually be
held and conveyed subject to the following conditions and restrictions:
1. Subject to the requirement to provide public parking and trailhead access as more
particularly set forth in Paragraph 2 below, the Released Property shall be used and
maintained exclusively for law enforcement and emergency management response
purposes in perpetuity as set forth in the April 2019 Application, as may be amended
from time to time at the written request of either Declarant or GSA, with the written
concurrence of the other party, and such amendments will be added to and become
a part of the original application.
2. Declarant shall continue to provide public parking and trailhead access from the
Released Property to the adjoining Upper Point Vicente Park in perpetuity as stated
in the Program of Utilization for the Upper Point Vicente Park dated March 1st, 1976,
as amended by the proposal concurred with by NPS on September 14, 2014, and as
amended by the amendment as stated by NPS in its approval dated August 9, 2019 .
3. The Released Property shall not be sold, leased, assigned or otherwise disposed of
except to another eligible governmental agency that GSA approves in writing. Any
such disposition shall assure the continued use and maintenance of the Released
Property for law enforcement and emergency management response purposes
B-11
subject to the same terms and conditions in this Declaration of Restrictions. Any
mortgage, lien, bond, or any other encumbrance not wholly subordinate to the
interest of the United States of America in this Declaration of Restrictions shall
constitute an impermissible disposal.
4. Declarant acknowledges that it was placed on notice that the Released Property is
located within an area of known, listed threatened and/or endangered species and/or
critical habitat, including the endangered "Coastal California Gnatcatcher" (Polioptila
californica), protected by the Federal Endangered Species Act (16 U.S.C. Sec.
1531, et seq.). Declarant acknowledges that it has the legal obligation to satisfy the
requirements of the Endangered Species Act.
5. Declarant further covenants and agrees for itself, its successors and assigns, that:
(1) any use, operation, program or activity on or related to the Released Property will
be conducted in compliance with all Federal laws and regulations relating to
nondiscrimination, including but not limited to the following laws and regulations as
such may be amended from time to time: (a) the regulations of GSA at 41 CFR 101-
4 et. seq; 41 CFR 101-6.2 et. seq; 41 CFR 101-8.3 et. seq; and 41 CFR 101-8.7 et.
seq.: (b) Title VI of the Civil Rights Act of 1964: (c) Title III of the Age Discrimination
Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the
Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects
to the provisions of said laws and regulations; (3) GSA, its successors and assigns,
will promptly take and continue to take such action as may be necessary to
effectuate this covenant; (4) the United States shall have the right to seek judicial
enforcement of this covenant; (5) GSA, its successors and assigns, will (a) obtain
from each other person (any legal entity) who, through contractual or other
arrangements with GSA, its successors or assigns, is authorized to provide services
or benefits on or in connection with the Released Property, a written agreement
pursuant to which such other person shall, with respect to the services or benefits
which he is authorized to provide, undertake for himself the same obligations as
those imposed upon GSA, its successors and assigns, by this covenant, and (b)
furnish a copy of such agreement to GSA or his successor or assign; and (6) this
covenant shall run with the land , and shall in any event, without regard to technical
classification or designation, legal or otherwise, be binding to the fullest extent
permitted by law and equity for the benefit of, and in favor of the Declarant and
enforceable by the Declarant against GSA, its successors and assigns.
6. Declarant, its successors and assigns, shall indemnify, defend, protect, save and
hold harmless United States, its employees, officers, attorneys, agents, and
representatives from and against any and all debts, duties, obligations, liabilities, law
suits, claims, demands, causes of action, damages, losses, costs, and expenses
(including without limitation attorneys’ fees and expenses, consultant fees and
expenses, expert fees and expenses, and court costs) arising out of any claim for
personal injury or property damage (including death, illness, or loss of or damage to
real or personal property or economic loss) that relates to Declarant's failure to
comply with the terms of this Declaration of Restrictions or from the use or
occupancy of the Released Property by Declarant, its successors, assigns,
B-12
transferees, invitees, or agents.
7. GSA has the right of entry upon the Released Property for the purposes of
evaluating Declarant’s compliance with the terms and conditions of this Declaration
of Restrictions.
8. In the event that there is a breach by Declarant, its successors and assigns, of any
of the covenants, conditions or restrictions set forth herein, whether caused by the
legal or other inability of Declarant, its successors and assigns, to perform said
covenants, conditions or restrictions, GSA will give written notice, with a reasonable
time stated therein, for the elimination, rectification or cure of said breach. Upon
failure to eliminate, rectify or cure said breach within the time set forth in the notice,
all right, title, and interest in and to the Released Property shall, at GSA’s option,
revert to and become the property of GSA. In addition to all other remedies for such
breach, Declarant, its successors and assigns, at GSA’s option, shall forfeit all right,
title, and interest in any and all of the tenements, hereditaments, and appurtenances
thereunto belonging.
9. The failure of the GSA to require in any one or more instances complete
performance of any of the conditions or covenants shall not be construed as a
waiver or relinquishment of such future performance, but obligation of the Declarant,
its successors and assigns, with respect to such future performance shall continue in
full force and effect.
10. In the event GSA exercises its option to revert all right, title, and interest in the
Released Property to GSA, or Declarant voluntarily returns title to the Released
Property in lieu of a reverter, then Declarant shall provide protection to and
maintenance of the Released Property at all times until such time as the title is actually
reverted or returned to and accepted by GSA, including the period of any notice of
intent to revert. Such protection and maintenance shall, at a minimum, conform to the
standards prescribed by GSA in its regulations 41 CFR 102 -75.815 as such may be
amended.
B-13
GSA:
UNITED STATES OF AMERICA
Acting by and through the
Administrator of General Services
By: __________________________
David Haase, Contracting Officer
Director, Real Property Utilization and Disposal Division
U.S. General Services Administration
DECLARANT:
CITY OF RANCHO PALOS VERDES
BY: _________________________
JERRY DUHOVIC, Mayor
City of Rancho Palos Verdes, California
B-14
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of )
On ___________________, before me, _________________________________________,
Date Name and Title of the Officer
personally appeared ______________________________________________________,
Name(s) of Signer (s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________
Signature of Notary Public (Notary Public Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
B-15
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of )
On ___________________, before me, _________________________________________,
Date Name and Title of the Officer
personally appeared ______________________________________________________,
Name(s) of Signer (s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califor nia that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________
Signature of Notary Public (Notary Public Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
B-16
B-17
B-18
B-19
B-20
B-21