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HomeMy WebLinkAboutReso 2023-176 RESOLUTION NO. 2023-176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING REGARDING POTENTIAL DEVELOPMENT OF CERTAIN PARK IMPROVEMENTS BETWEEN THE CITY AND LANDIFY ECT CORPORATION WHEREAS, Landify ECT ) tested and clean excavated soil from urban construction sites to assist communities and local authorities in the delivery of sustainable public park projects through a collaborative development model; and - finance the public park development projects it undertakes; and WHEREAS, the City has an interest in certain parcels of land to be developed for public park purposes, including but not limited to, those sites commonly known as the Lower Sweetwater Community Park and the Otay Ranch Community Park North WHEREAS, the City desires the future potential development of the Proposed Park Projects; and WHEREAS, the Lower Sweetwater Community Park is envisioned to include multipurpose fields, an outdoor basketball court, tennis/pickleball courts, play structures, a dog park, picnic tables, shade structures, as well as maintenance and restroom facilities; and WHEREAS, the Otay Ranch Community Park North is envisioned to include multipurpose fields, baseball fields, an outdoor basketball court, tennis/pickleball courts, play structures, picnic tables, shade structures, as well as concessions, maintenance, and restroom facilities; and WHEREAS, the City intends to initiate the necessary review and approval of each of the Proposed Park Projects pursuant to a master plan to be prepared by ECT; and improvements in the Proposed Park Projects, consistent with the possible Park Master Plans; and WHEREAS, the Parties desire to enter into a Memorandum of Understanding Regarding , which is Attachment 1 to the Staff Report on this matter) to enable the Parties to undertake the required due diligence to evaluate the feasibility of the Proposed Park Projects including, among others, evaluating environmental conditions on the subject Park lands; and Resolution No. 2023-176 Page No. 2 WHEREAS, should the Parties agree that proceeding with the Proposed Park Projects is feasible and mutually desirable, then the MOU all of the contemplated improvements (all such amenities and park uses to be discussed with the City and local stakeholders and approved by the City); and or all of the contemplated improvements, the Parties intend to proceed with the Design, Entitlements, and Definitive Agreement(s), as described more fully in the MOU; and WHEREAS, the City may identify and propose additional sites for public park ; and WHEREAS, because ECT will develop certain improvements in the Proposed Park Projects without cost or expense to the City for such work, typical competitive bidding requirements do not apply; and WHEREAS, City staff recommends approval and adoption of the MOU with ECT; and WHEREAS, the City Council has reviewed and considered all materials for the MOU with ECT. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Memorandum of Understanding Regarding Potential Development of Certain Park Improvements, between the City and Landify ECT Corporation, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. \[SIGNATURES ON THE FOLLOWING PAGE\] Resolution No. 2023-176 Page No. 3 Presented by Approved as to form by Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of October 2023 by the following vote: AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2023-176 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of October 2023. Executed this 24th day of October 2023. Kerry K. Bigelow, MMC, City Clerk