The URL can be used to link to this page

Home My WebLink About2010/05/04 Item 13 CITY COUNCIL AGENDA STATEMENT :$VJf:. CITY OF .=- (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: '" MAY 4,2010, Item i:::' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE THE ASSIGNMENT OF TWO EXISTING AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT TO THE CHULA VISTA NATURE CENTER FOUNDATION, AND DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE ANY AND ALL ADDITIONAL AGREEMENTS NECESSARY TO COMPLETE THE TRANSFER OF OPERATIONS OF THE CHULA VISTA NATURE CENTER TO THE CHULA VISTA NATURE CENTER FOUNDATION AS CONTEMPLATED BY THE OPERATING AGREEMENT. ~ DIRECTOR OF RE~TION AND NATURE CENTE~ CITY MANAGE ASSISTANT CITY ANAGER 7/ 4/5THS VOTE: YES D NO 0 SUMMARY An Operating Agreement (Agreement) for the Chula Vista Nature Center (Nature Center) between the City of Chula Vista (City) and the Chula Vista Nature Center Foundation (Foundation) was approved by City Council on February 2,2010, Resolution #2010-022. The Agreement stipulated that the City would obtain approval for the assignment of various contracts and agreements with outside agencies to the Foundation as they related to Nature Center operations. The City currently has two agreements with the San Diego Unified Port District (Port) for the provision of Port funding to support programs and activities. The Port has prepared Assignment and Assumption Agreements between the City and the Foundation to allow for the transfer of the agreements trom the City to the Foundation; the agreements require the Mayor's signature. The City is working with several other agencies to determine if changes in agreements and/or contracts are warranted. Staff is recommending that if formal assignments are required, that Council delegate the authority to execute said agreements to the City Manager. 13-1 MAY 4, 2010, Item /] Page 2 of3 ENVIRONMENTAL REVIEW - The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, approval of agreements and delegation of authority is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION City Council adopt the resolution BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION On February 2,2010, City Council approved resolution # 2010-022, approving an Operating Agreement for the Chula Vista Nature Center between the City, the Redevelopment Agency, and the Chula Vista Nature Center Foundation. The Agreement stipulated that the Foundation would have beneficial rights under any permits, agreements, grants, licenses or contracts between the City and other agencies, and that the City would obtain approvals from the applicable agencies or authorities to assign agreements to the Foundation. The City currently has two agreements with the San Diego Unified Port District, which provide Port funding to support an educational program and the propagation of the light footed clapper rail. The Port has prepared documents that provide for an agreement between the City and Foundation, assigning the funding agreements to the Foundation. Those agreements, which are attached to this report as Attachment A and B require the Mayor's signature. The City is currently working with the State of California Department of Parks & Recreation, and the California State Coastal Conservancy to determine if formal assignments of funding agreements to the Foundation are necessary. The Department of Parks & Recreation has provided $707,700 to support various improvements at the Nature Center since 1999, and the Coastal Conservancy has provided more than $1.4 million in funding since the Nature Center's inception. All funding has been utilized, but agreements with both agencies required long term commitments to guarantee that the improvements funded would continue to be utilized for their originally designated purpose. Should formal agreements/assignments be required from these or other agencies or organizations, staff is recommending that the authority to enter into said agreements be delegated to the City Manager. 13-2 MAY 4,2010, Item !] Page 3 of3 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no such holdings within 500' of the properties which are the subject of this action. CURRENT YEAR FISCAL IMPACT None ONGOING FISCAL IMPACT None ATTACHMENTS "A"- Assignment and Assumption Agreement - Light-Footed Clapper Rail Propagation Program "B"- Assignment and Assumption Agreement - Salt Marsh Education Program 13-3 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE THE ASSIGNMENT OF TWO EXISTING AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT TO THE CHULA VISTA NATURE CENTER FOUNDATION, AND DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE ANY AND ALL ADDITIONAL AGREEMENTS NECESSARY TO COMPLETE THE TRANSFER OF OPERATIONS OF THE CHULA VISTA NATURE CENTER TO THE CHULA VISTA NATURE CENTER FOUNDATION AS CONTEMPLATED BY THE OPERATING AGREEMENT WHEREAS, on February 2,2010, City Council approved Resolution 2010-022, approving an Operating Agreement for the Chula Vista Nature Center between the City and the Chula Vista Nature Center Foundation; and WHEREAS, the Agreement stipulated that the City would obtain approval for the assignment of various contracts and agreements with outside agencies to the Foundation as they related to Nature Center operations; and WHEREAS, the City currently has two agreements with the San Diego Unified Port District (Port) for the provision of Port funding to support programs and activities; and WHEREAS, the Port has prepared Assignment and Assumption Agreements between the City and the Foundation to allow for the transfer of the agreements from the City to the Foundation requiring the Mayor's signature, and WHEREAS, the City is working with several other agencies to determine if changes in agreements and/or contracts are warranted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute two agreements between the City ofChula Vista and the Chula Vista Nature Center Foundation, assigning agreements with the Port to the Foundation, and BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista does hereby delegate authority to the City Manager to execute any and all additional agreements necessary to complete the transfer of operations of the Chula Vista Nature Center to the Chula Vista Nature Center Foundation as contemplated by the operating agreement. 13-4 Presented by Buck Martin Director of Recreation 13-5 ,\ \ ----------- . THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY coUNt ~) I - D,ted 1 b1 I, 0 I I ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN CITY OF OlliLA VISTA AND CHULA VISTA NATURE CENTER FOUNDATION FOR LIGHT-FOOTED CLAPPER RAIL PROPAGATION PROGRAM AGREEMENT NO. 53889 13-6 ASSIGNMENT AND ASSUMPTION AGREEMENT between CITY OF CHULA VISTA and CHULA VISTA NATURE CENTER FOUNDATION for LIGHT-FOOTED CLAPPER RAIL PROPAGATION PROGRAM AGREEMENT NO. 53889 CITY OF CHULA VISTA, a municipal corporation wishes to assign its interests in the above referenced agreement to CHULA VISTA NATURE CENTER FOUNDATION, a State of California certified nonprofit public benefit corporation that is not organized for the private gain of any person. it is organized under the Nonprofit Public Benefit Corporation Law for public and charitable purposes. Recitals: The Agreement is on file in the office of the District Clerk as Document No. 53889 dated August 28, 2008. It is now proposed to assign the Agreement to the CHULA ViSTA NATURE CENTER FOUNDATION, and have the CHULA VISTA NATURE CENTER FOUNDATION assume all of the debts and obligations of the agreement. The Parties Aqree: 1. As of February 6, 2010, the undersigned, CITY OF CHULA VISTA hereby assigns and transfers to the CHULA VISTA NATURE CENTER FOUNDATION all of the CITY OF CHULA VISTA's right, title, and interest in and to the above Agreement. 2. The CHULA VISTA NATURE CENTER FOUNDATION, hereby assumes all of the debts and obligations of CITY OF CHULA VISTA, regarding the above Agreement, as of February 6, 2010, and agrees to fully and faithfully perform each and every term, covenant, and condition thereof. Agreement No. 53889; Assignment and Assumption Consultant: Chula Vista Nature Center Foundation Board Date: N/A Requesting Department: Environmental Services Page 1 of 2 13-7 3. This assignment and assumption is subject to the consent of San Diego Unified Port District. 4. All other terms, covenants, and conditions in the original Agreement shall remain in full force and effect and shall be applicable to this Agreement. CITY OF CHULA VISTA Cheryl Cox Mayor en Vallejos Director of Operations Chula Vista Nature Center Foundation Agreement No. 53889; Assignment and Assumption Consultant: Chula Vista Nature Center Foundation Board Date: NfA Requesting Department: Environmental Services Page 2 of 2 13-8 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL D ftVLe{' .-' )udfvt Bart C. Miesfeld City Attorney Dated: G(! 2-~/( () f I ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN CITY OF CHULA VISTA AND CHULA VISTA NATURE CENTER FOUNDATION FOR SAL T MARSH EDUCATION PROGRAM AGREEMENT NO. 53847 13-9 ASSIGNMENT AND ASSUMPTION AGREEMENT between CITY OF CHULA VISTA and CHULA VISTA NATURE CENTER FOUNDATION for SALT MARSH EDUCATION PROGRAM AGREEMENT NO. 53847 CITY OF CHULA VISTA, a municipal corporation wishes to assign its interests in the above referenced agreement to CHULA VISTA NATURE CENTER FOUNDATION, a State of California certified nonprofit public benefit corporation that is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for public and charitable purposes. Recitals: The Agreement is on file in the office of the District Clerk as Document No. 53847 dated August 18, 2008. It is now proposed to assign the Agreement to the CHULA VISTA NATURE CENTER FOUNDATION, and have the CHULA VISTA NATURE CENTER FOUNDATION assume all of the debts and obligations of the agreement. The Parties Aqree: 1. As of February 6, 2010, the undersigned, CITY OF CHULA VISTA hereby assigns and transfers to the CHULA VISTA NATURE CENTER FOUNDATION all of the CITY OF CHULA VISTA's right, title, and interest in and to the above Agreement. 2. The CHULA VISTA NATURE CENTER FOUNDATION, hereby assumes all of the debts and obligations of CITY OF CHULA VISTA, regarding the above Agreement, as of February 6, 2010, and agrees to fully and faithfully perform each and every term, covenant, and condition thereof. Agreement No. 53847; Assignment and Assumption Consuitant Chula Vista Nature Center Foundation Board Date: N/A Requesting Department Environmental Services Page 1 of 2 13-10 3. This assignment and assumption is subject to the consent of San Diego Unified Port District. 4. All other tenms, covenants, and conditions in the original Agreement shall remain in full force and effect and shall be applicable to this Agreement. CITY OF CHULA VISTA CHULA VISTA NATURE CENTER FOUND ION II&~ Cheryl Cox Mayor Ben Vallejos Director of Operations Chula Vista Nature Center Foundation Agreement No. 53847; Assignment and Assumption Consultant: Chuia Vista Nature Center Foundation Board Date: N/A Requesting Department: Environmental Services Page 2 of 2 1 3-11