city of Chula Vista

File #: 14-0328    Name: Living Coast Discovery Center Amended and Restated Operating Agreeement
Type: Consent Item Status: Passed
In control: City Council
On agenda: 9/23/2014 Final action: 9/23/2014
Title: RESOLUTION NO. 2014-184 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN THE CITY AND LIVING COAST DISCOVERY CENTER
Attachments: 1. Item 13 - Revised Attachment A, 2. Item 13 - Attachment A, 3. Item 13 - Exhibit A - LCDC Land and Improvements, 4. Item 13 - Exhibit C - LCDC Fauna Inventory 2014, 5. Item 13 - Resolution
Title
RESOLUTION NO. 2014-184 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN THE CITY AND LIVING COAST DISCOVERY CENTER

Body
RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.

Body
SUMMARY
On June 11, 2013, the Chula Vista City Council and the Living Coast Discovery Center entered into a first amendment to the Operating Agreement for a period of one (1) year, ending on June 30, 2014. The City Manager agreed to extend the Operating Agreement until September 30, 2014. This resolution approves an Amended and Restated Operating Agreement, with an opportunity for term extension to June 30, 2017 upon performance measures being met. The continued financial support under the Agreement was included in the City's budget for FY 2014-15.

ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, approval of an amendment to an operating agreement, is not a "Project" as defined under Section 15378 (b)(5) of the State CEQA Guidelines because it is an administrative activity that 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.

BOARD/COMMISSION RECOMMENDATION
Not Applicable.

DISCUSSION
The amended Agreement includes:
* An expiration date of December 31, 2015.
* A term extension opportunity to June 30, 2017 conditioned upon performance measurements being met including: (a) a separate operational reserve fund established and funded for LCDC operations with a minimum unencumbered balance of $100,000; (b) established and documented 27 new partnerships, collaborations, and/or programs that increase, in the aggregate, LCDC net revenues; (c) maintained or augmented LCDC Board mem...

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