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HomeMy WebLinkAboutReso 1987-12867 RESOLUTION NO. 12867 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE FINAL DESIGN AND CONSTRUCTION OF THE BAYFRONT TROLLEY STATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NO%~, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain amendment to the agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO for the final design and construction of the Bayfront Trolley Station dated the 6th day of .January , 198 7 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by J ip i't~/Di~ector of T~omas J. Ha'rron, City Attorney P~{blic Works/City Engineer ~ 2348a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 6th cloy of January 19 87 , by the following vote, to-wit: AYES: Counci]members Malcolm, HcCandliss, Cox, Moore, Nader NAYES: Counci]members None ABSTAIN: Counci ]members None ABSENT: Counci]membePs None ~ Visto ATTEST ~/'~.-.~,~.: ..,/ ~. " ~--City Cl'erl~ ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chul(3 Visto, Celifornio, DO HEREBY CERTIFY thor the obove (Jnd foregoing is (3 full, true ond correct copy of RESOLUTION NO. 12867 ,ond thor the some hos not been omendedor repe(]led. DATED City Clerk ,,, OZY OF VISi'A CC - 660 SECOND AMENDMENT TO AGREEMENT BETWEEN THE COUNI~ OF SAN DIEGO AND THE CIl~ OF CHULA VISTA FOR THE FINAL DESIGN AND CONSTRUCTION OF THE BAYFRONT TROLLEY STATION THIS SECOND AMENDMENT TO AGREEMENT is entered into this 6th day of JaauaTy , 1987, by and between the County of San Diego, hereinafter referred to as "C~UNTY", and the City of Chula Vista, hereinafter referred to as "CITY". ~ WHEREAS, the COUNTY and CITY agreed on May 29, 1984, to jointly fund the total development costs for the Bayfront Trolley Station (County Contract Na. 70613R); and WHEREAS, the Agreement established $3.4 million as the estimated total development costs; and WHEREAS, the First Amendment to Agreement established $5.2 million as the estimated total development costs; and WHEREAS, total development costs are now estimated to be $6.5 million; NOW, THEREFORE, the parties hereto agree as follows: 1. COUNTY AGREES: Section 1(4) is hereby amended to read as follows: "4) Provide Transportation Development Act fund support to the extent of 50 percent of the Bayfront Trolley Station's total development costs of $6.5 million." 2. CITY AGREES: Section 2{7) is hereby amended to read as follows: "7) Provide funding to the extent of 50 percent of the Bayfront Trolley Station's total development costs of $6.5 million. $147,000 of the funding will be credited through the City's contribution to the project of the northerly 40 feet of Assessor's Parcel No. 567-031-12." 3. Under Section 3, add new Section 3(18) to read as ~ollows: "18) All State or Federal grant revenues received by CITY or COUNTY which are used for this project shall be considered as being equally provided by each party under Sections 1(¢) and 2(7). 4. Other than as herein amended, all other 1rems and provtslons of smd Agreement of Hay 29, 1984, and as amended on April 22, 1986,:shall remMn unchanged and in full force and effect. ~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement. on the day and year first above written. APPROVED AS TO FORM AND LEGALII~r COUNTY OF SAN DIEGO County Counsel Asst. Clerk of the B~fd of-Supervisors Title APPROVED AS TO FORM AND LEGALITY CIl~' OF CHULA VISTA TiBY tl ~OOro~od and/or aut~ori~ ~ the ¢ler~ o~ the B~rd of 8u~e~isor~ COUNTY OF SAN DIEGO DEPART NT OF PUBLIC WORI Building 2, 5555 Overland Avenue San Diego, California 92123-1295 Telephone: (619) 565-5177 GRANVILLE M. BOWMAN, Director December 30, 1986 Bill Gustafson, Transit Coordinator City of Chula Vista P. O. Box 1087 Chula Vista, CA 92012 Dear Mr. Gustafson: Subject: Bayfront Trolley Station Property Settlement Enclosed are 10 final copies of the "Bayfront Trolley Station Property Settlement" item for the January 13, 1987 Board of Supervisors meeting. We have included your comments from the previous draft version. Included in the Board action are the following: 1. Increase in total project development costs to $6.5 million. This requires an amendment to the current joint funding Agreement which will increase the County's and City's contributions by $650,000 each. Also, assuming the $961,000 in State funds previously approved will be re]eased, they will be treated as being provided equally by the County and City. 2. A separate Agreement providing for the County to transfer to the City the rent collected from Cabrillo Lanes, Inc. prior to October 21, 1986. Please schedule action by your City Council at its meeting on January 6, 1987. Please call Steve Ron at 565-5365 if you have any questions. Very truly yours, SHARON JASEK REID Deputy Director SJR:SRR:jhb Enclosure 8/6-033 COUNTY ENGINEER COUNTY ROAD COMMISSIONER COUNTY SURVEYOR LIQUID WASTI~ OFFICES OF: COUNTY AIRPORTS TRANSPORTATION OPERATIONS FLOOD CONTROL SOLID WASTE COUNTY OF SAN DIEGO CHIEF ADMINISTRATIVE OFFICE SUSAN GOLDING 1600 PACIFIC HIGHWAY ' SAN DIEGO, CALIFORNIA 92101 LEON L. WILLIAMS TELEPHONE (619) 236'2722 AGENDA ITEM SUBJECT: Bayfront Trolley Station: Property Settlements SUPV DIST: 1 SUMMARY OF REQUEST: ~ This is a request to approve additional appropriations to cover the anticipated final settlement of the purchase of property acquired for theBayfront Trolley Station in Chula Vista. There are two properties still to be settled. On November 26, 1986 (2), your Board approved a settlement on the Palmer property (Superior Court No. 541546) in the amount of $118,000. The County is currently negotiating for settlement on the Rabin property (Superior Court No. 541545). The anticipated settlement of the real estate interest for Rabin is $2,213,000. Settlement of the goodwill and relocation expenses associated with this property is expected to be requested of your Board in August 1987. There are currently insufficient appropriations to make these payments. Therefore, additional appropriations need to be established. The City of Chula Vista is jointly funding the project and is expected to approve a corresponding increase in its appropriations on January 6, 1987. (CONTINUED ON PAGE 2) CHIEF ADMINISTRATIVE OFFICER'S RECOMMENDATION: 1. Approve and authorize execution by the Clerk of the Board of Second Amendment to Agreement Between the County of San Diego and the City of Chula Vista for the Final Design and Construction of the Bayfront Trolley Station providing for an increase of total development costs to $6.5 million. (CONTINUED ON PAGE 2) FUNDING SOURCES: Transportation Development Act (TDA)/Local Transportation Fund (LTF); City of Chula Vista; State of California CURRENT YEAR COST: $1,300,000 ANNUAL COST: $0 BUDGETED: ( ) YES {X) NO WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL? NO (X) IF YES, STATE NUMBER PERMANENT ( ) TEMPORARY ( ) OTHER ( ) BOARD POLICY(IES) APPLICABLE: B-4'6, Use of Local Transportation Funds to Improve Transit Services in San Diego County PREVIOUS RELEVANT BOARD ACTION: 05/29/84 {54-57) Agreement with the City of Chula Vista for the Final Design and Construction of the Chula Vista Bayfront Trolley Station 4 VOTES REQUIRED: (X) YES ( ) NO DEPARTMENT: PUBLIC WORKS BOARD OF SUPERVISORS INFORMATION DEVELOPMENT FORM SUBJECT: Bayfront Trolley Station: Property Settlement SUMMARY OF REQUEST: (Continued) The City is the on-site manager for Station operations. The County and City desire to use rents collected by the County from an on-site tenant to offset operating coasts of the Station. An A~reement is necessary to transfer these rents to the City. CHIEF ADMINISTRATIVE OFFICER'S RECOMMENDATION: (Continued) 2. Adopt and authorize execution by %he Clerk of the Board of the Resolution Authorizing a Claim for Transportation Development Act Funds for Bayfront Trolley Station in the amount of $169,500 and reducing the Claim for the SDSU Transit Center by $169,500. 3. Approve additional appropriations of $1.3 million in the Capital Outlay Fund to Project KA3946 based on $650,000 of State Intermodal Revenue and TDA revenue, and $650,000 of revenue from the City of Chula Vista. 4. Approve and authorize execution by the Clerk of the Board of Agreement Between the County of San Diego and the City of Chula Vista for the Transfer of Rents at the Bayfront Trolley Station, BACKGROUND INFORMATION: The Chula Vista Bayfront Trolley Station is a jointly funded project of the County of San )ego and the City of Chula Vista. Merle F. Palmer and Seymour J. Rabin, et al, are the owners of two parcels that were needed for the project. On November 26, 1986, your Board approved a settlement on the Palmer property in the amount of $118,000. The estimated settlement on the Rabin property is $2,213,000. The interests of the Rabin property tenant will be settled at a later date. The joint funding Agreement does not provide sufficient funds to make these payments. Accordingly, an amendment to that Agreement is necessary to provide the additional funds. Also, a separate Agreement with the City of Chula Vista and MTDB was approved by your Board on October 21, 1986, providing for the operations and maintenance of the Station. Under the terms of that Agreement, the County is to transfer all rents received from the Rabin tenant to the City of Chula Vista to offset operating expenses. The Auditor and Controller ( )ORDINANCE ( )RESOLUTION N/A . )CITIZENS COMMITTEE STATEMENT ( ) YES (X) NO (.~)AGREEMENT/CONTRACT NO. 70613R, 23787E ~CIVIL SERVICE APPROVAL NEEDED ( ) YES (X) NO APPR. BY COUNTY COUNSEL AS TO LEGALITY (X)YES *initials ( )NOT APPLICABLE ( )STANDARD FORM CONTRACT REVIEW PANEL ACTION CONCURRENCES (If Applicable) ( )APPROVED ( )DISAPPROVED (X)NOT APPLICABLE AUDITOR APPR. NEEDED (X)YES *initials ( )NOIFIN. MGT. APPROVAL NEEDED (X)YES *initials ( )NO Steve Ron 565-5365 /~~ CONTACT PERSON PHONE AND MAIL STOP /DEPT AUT~_~ED'~EPRESENTATIVE/DATE January 13, 1987 CHIEF ADMINISTRATIVE OFFICER MEETING DATE BOARD OF SUPER¥ISORS 11qF'ORMATION DEYELOPMENT FORM SUBJECT: Bayfront Trolley Station: Property Settlements BACKGROUND INFORMATION: (Continued) requires a separate Agreement to allow the County to also transfer Rabin rents received prior to October 21, 1986. The Second Amendment to the Construction Agreement, and the Rent Transfer Agreement are expecte to be approved by the City of Chula Vista on January 6, 1987. Action, as recommended, will increase appropriations for the project to provide for property settlements. FISCAL IMPACT STATEMENT: Program: Capital Outlay Fund 1986-87 1986-87 ADOPTED RECOMMENDED 1986-87 1987-88 BUDGET PROPOSAL ADJUSTMENTS IMPACT Direct Cost $ 0 $ 1,300,000 $ 1,300,000 $ 0 Indirect Cost (Dept. OH) 0 0 0 0 {Ext. Supp. OH) 0 0 0 0 TOTAL COST $ 0 $ 1,300,000 $ 1,300,000 $ 0 Earned Revenue 0 1,300,000 1,300,000 0 NET COUNTY COST $ 0 $ 0 $ 0 $ 0 Staff Years 0 0 0 0 Transportation Development Act (TDA)! Transportation Fund (LTF); Revenue from Source of City of Chula Vista; and State Inter- Amount of Added Added Funds modal Fund Funds Required $1,300,000 Total Net Program Costs $6,500,000 Remarks: This proposal will have no impact on the County General Fund. It is to increase the cost of the Bayfront Trolley Station project by $1.3 million, which is to be provided by the County, the City of Chula Vista, and the State. The County's $650,000 share is available in the County's TDA/LTF apportionment from unspent funds in another project, and an anticipated State Intermodal grant. COUNCIL AGENDA STATEMENT Item 14a, b Meeting Date 1/6/87 ITEM TITLE: a) Resolution Approving Second Amendment to Agreement between the County of San Diego and the City of Chula Vista for the final design and construction of the Bayfront Trolley Station b) ResolutionJ~7 Approving Agreement between the County of San Diego and the City of Chula Vista for the transfer of rents at the Bayfront Trolley Station SUBMITTED BY: Director of Public Works/City Engineer ~ REVIEWED BY: City Manager~ (4/§tbs Vote: Yes X No__) The Transit Coordinator received the attached letter from Sharon Reid, Deputy Director, Department of Public Works, requesting that the City approve two agreements relative to the Bayfront Trolley Station. The Second Amendment to the City/County Agreement for Bayfront Station Construction increases the total project cost from the previous estimate in April 1986 from $5.2 million to $6.5 million and the City's 50% share to $650,000. The County is requesting the City to contribute $169,500 of the $650,000 increase now, in anticipation that the $961,000 in State funds for this project previously approved by the State will be released. The second agreement provides for the County to transfer to the City rent collected from Cabrillo Lanes, Inc. prior to October 21, 1986, in the amount of approximately $40,000. By Resolution No. 551 adopted by the Redevelopment Agency in December 1984, the Agency determined that it could legally finance the Bayfront Station project. In order to increase funding for the project as contained in the Second Amendment, it will be necessary for the Agency to hold a public hearing which is scheduled for February 5, 1987. RECOMMENDATION: That Council: 1. Approve Second Amendment to Agreement between the County of San Diego and City of Chula Vista for the final design and construction of the Bayfront Trolley Station. 2. Request the Redevelopment Agency to appropriate $169,500 for the Bayfront Station Project. 3. Approve agreement between the County of San Diego and the City of Chula Vista for the transfer of rents at the Bayfront Trolley Station. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. Page 2, Item 14a, b Meeting Dare-'I-/G-/B-/- DISCUSSION: The County of San Diego has revised cost estimates for the Bayfront Trolley Station Project based upon Phase I completion costs, settlement costs for property acquisition, and Phase II construction. This revised estimate is $6,500,000 which is an increase of 51,300,000 from the projected cost of $5,200,000 in April 1986. The major cost components of the project are indicated below: Estimate April 1986 Current Estimate Change Construction (Phase I) $1,919,000 $2,139,000 $ 220,000 Land Acquisition 2,992,000 4,054,000 1,062,000 Construction (Phase II) 289,000 307,000 18,000 Total $5,200,000 $6,500,000 $1,300,000 Funding sources are: County of San Diego $2,769,500 City of Chula Vista Redevelopment Agency Tax Increment Funds 2,622,500 City Right-of-Way 147,000 State Intermodal Funds 961,000 5b,bUU,UUU The land acquisition costs include estimated settlement costs on all parcels at the station including Seymour Rabin, the owner of the property in which Cabrillo Lanes is a tenant. The estimated settlement on the Rabin property is $2,213,000. With the acquisition of the Rabin property, the City/County will own the land and building shell. The tenant's interests, which include furniture, fixtures and equipment, are yet to be resolved. In addition, relocation and good will interests have not been resolved, although the current land acquisition estimate of $4,054,000 includes relocation and good will. As directed by the Redevelopment Agency, the future operation of Cabrillo Lanes i.~ being evaluated by City and County staff, and a report will be brought to the Agency by April 1987. The total project estimated cost increase from 55.2 million to 56.5 million increases the City's share by $650,000 (1/2 of $1,300,000). However, at this time, the County is requesting the City to contribute only an additional 5169,500, assuming that the $961,000 in State of California intermodal funds which have been approved will be released prior to April 1987. If these funds are not released prior to April 1987, the County will request the City in March 1987 for an additional contribution of approximately $480,500 ($650,000 minus $169,500). With regard to the second agreement before Council for consideration, in October 1986, both Council and the Board of Supervisors approved an agreement for operations and maintenance of the Bayfront Trolley Station. Under the terms of that agreement, the County is to transfer all rents received from the Page 3, Item 14a, b Meeting Date-TTG71~ Cabrillo Lanes tenant to the City of Chula Vista to offset operating expenses. The monthly rent is in the amount of $4,000. However, the County Auditor and Controller requires a separate agreement to allow the County to also transfer all rents received prior to October 1986 which totals approximately $40,0D0. Upon approval of this agreement, therefore, the $40,000 will be transferred to the City's revenue fund for operation and maintenance costs at the Bayfront Trolley Station. FISCAL IMPACT: The Second Amendment to the Agreement between the County and City for final design and construction of the Bayfront Trolley Station increases the total estimated cost for the project from $5.2 million to $6.5 million with the City's 50% share increasing by $650,000. However, in anticipation of release of the $961,000 in State funds previously approved by the California Transportation Commission for the Bayfront Station Project, at this point in time the County is requesting the City contribute $169,500. CalTrans staff anticipates a decision on the release of the $961,000 in February 1987. WHG:nr/ WPC 2526E /bXy the City Council of Chula Vista, California , /( .( .(' . .