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Agenda Item (IV-C-1)

Meeting1/8/2019 - Committee
Agenda ItemCommittee - Planning and Operations (IV-C-1)
SubjectRevised Ground Lease for the Education Center at Ben Clark Public Safety Training Center with the County of Riverside
College/DistrictMoreno Valley
Funding Measure C
Recommended ActionIt is recommended that the Board of Trustees approve the Revised Ground Lease for the Education Center at Ben Clark Public Safety Training Center with the County of Riverside.

Background Narrative:

Riverside Community College District (RCCD) has been in partnership with the County of Riverside for public safety education training since 1952. First, through Riverside City College and then offered from the Moreno Valley campus. The goal of the District has been to have the Ben Clark Public Safety Training Center (BCTC) be an education center of Moreno Valley. Many steps have been taken over the past several years to prepare for this endeavor.

Towards this effort in January 2010 Moreno Valley College (MVC) was accredited as the 111th college in California. In March of that same year, the RCCD Board of Trustees adopted Resolution Number 40-09/10 Authorizing Establishment of an Educational Center. On June 16, 2010, RCCD sent a Letter of Intent issued to the State Chancellors Office, to have BCTC designated as an education center of MVC. That same month, due to the state budget crisis a moratorium on Centers by State Chancellor’s Office was announced.

In recognition of advancing the goals and understanding of the partners for BCTC, the Board of Trustees and the Board of Supervisors of the County of Riverside entered into a Memorandum of Agreement (MOA) in September 2010. The MOA outlined implementation elements to make a center come to fruition. A draft ground lease (Ground Lease) was in the works for several months negotiated between the lead staff for each agency on real estate matters; and the county cleared the Ground Lease in April 2012, but it was not processed at the time. The Ground Lease included performance measures dependent upon state funding, and the state funding eligibility would be contingent upon MVC receiving center status for BCTC, which could not be met at the time.

Since then, the State Chancellor’s Office has lifted the moratorium on Education Centers, and both the County of Riverside (County) along with Moreno Valley College have master plans for facilities development; with the MVC plan linked to its educational master plan, including BCTC. The partnership has reviewed options for siting a Phase I facility to be located at BCTC. The key in identifying a Phase I location, is to develop the site in advance of the county’s development plans, while not impacting existing facilities the county needs to utilize until such time their facility plans are able to proceed; and to minimize the costs of infrastructure development for this initial construction phase.

In January 2018, the Board of Trustees approved the Ground Lease for the Educational Center at Ben Clark Training Center with the County. Subsequently, we were informed by the County that section 9.(c), Offsite Improvements related to the infrastructure connection fee included in the Ground Lease at $100,000 had not been fully negotiated or agreed to between RCCD and the County. Rather, the County’s offer for the infrastructure connection fee was $500,000 for RCCD’s prorated share of the County’s total current and future infrastructure investment. This represented a 68% discount from the County’s calculated prorated share of total infrastructure investment costs. After considerable discussion with the County and evaluation of information supporting the County’s infrastructure investment, the District has agreed to the infrastructure connection fee amount of $500,000 and seeks the Board of Trustees approval to modify section 9.(c) to that amount. All other terms and conditions of the previously approved Ground Lease remain the same, with the exception of updated project milestone dates, including a 49 year term and the site at 2.01 acres to accommodate a nearly 18,000 square foot facility as Phase I. The increase in this fee does not require an increase in the project budget at this time.

The Ground Lease will provide a possessory interest the District needs to design and build a facility, and apply for Center Status. The Ground Lease is needed as the County is prohibited from selling the property, since it is surplus property from the realignment of March Air Force Base to March Air Reserve Base. Additionally, the provisions of the grant deed restrictions by the Air Force must be complied with, which includes public safety training and education.
Prepared By: Robin Steinback, President, Moreno Valley College
Aaron Brown, Vice Chancellor, Business and Financial Services
 Nathaniel Jones, Vice President, Business Services (MVC)
Carlos Lopez, Vice President, Academic Affairs (MVC)
Arthur Turnier, Dean of Instruction PSET, BCTC
Bart Doering, Facilities Development Director