HomeMy WebLinkAboutCC RESO 2013-119RESOLUTION NO. 2013 — 119
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND
RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN
THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF
NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER
WHEREIN THE PORT DISTRICT AGREES TO REIMBURSE THE CITY
OF NATIONAL CITY FOR PROJECT CONSTRUCTION COSTS
IN AN AMOUNT NOT TO EXCEED $3,080,000, AND AUTHORIZING
THE APPROPRIATION OF $3,080,000 TO THE AQUATIC CENTER
ACCOUNT NO. 001-409-500-598-3816 FROM THE GENERAL FUND
WHEREAS, the San Diego Unified Port District ("District") and the City of
National City have worked cooperatively to develop the National City Aquatic Center ("Project");
and
WHEREAS, in 2006, the District approved the Project's concept plan, and
certified the Project's Port Master Plan Amendment Mitigated Negative Declaration; and
WHEREAS, the Port Master Plan Amendment for the Project was certified by the
California Coastal Commission in 2006; and
WHEREAS, the District granted the Community Development Commission of the
City of National City ("CDC") a thirty (30) year lease for the Project's site, with the condition that
the Project commenced construction before December 31, 2012, which was approved by the
City through the adoption of CDC Resolution No. 2010-105, on May 18, 2010; and
WHEREAS, the District has consented to the transfer of the Lease to the City of
National City; and
WHEREAS, on September 6, 2011, the City Council adopted Resolution 2011-
198, entering into a Memorandum of Understanding ("MOU") with the District regarding the
Project, and ratifying the Assignment by the Port and the Assumption by the City of the Lease of
the property at Goesno Place in National City, the future site of the Project; and
WHEREAS, the District, on the September 26, 2011, fulfilled its MOU obligation
by transferring funds to City in the amount of $830,000 to be used towards design and/or
construction costs for the Aquatic Center; and
WHEREAS, on December 4, 2012, the City Council adopted Resolution No.
2012-229, entering into Amendment No. 1 to the MOU, and Resolution No. 2012-230 entering
into Amendment No. 1 to the 30-year Lease, both of which extended the date of
commencement of construction to December 31, 2013; and
WHEREAS, the District issued the Project's Coastal Development Permit and
has additionally granted a two-year extension of the Permit through August 2, 2015; and
WHEREAS, the former Redevelopment Agency to the Community Development
Commission issued tax allocation bonds in 2011, of which $3.3 Million of the 2011 Tax
Allocation Bonds were budgeted for the construction of the Aquatic Center, but due to the
dissolution of redevelopment agencies statewide, the State Department of Finance denied the
use of these funds for construction; and
Resolution No. 2013 — 119
Page Two
WHEREAS, because the 2011 Tax Allocation Bonds cannot be used for the
Project, the City requested that the Port District reallocate its planned financial support for a
separate park project in National City to the Aquatic Center Project; and
WHEREAS, on July 16, 2013, the Board of Port Commissioners approved the
allocation of $3,080,000 from a separate park project in National City to the Aquatic Center
Project, pending amendments to the MOU and Lease Agreement; and
WHEREAS, an appropriation of funds in the amount of $3,080,000 from the
General Fund is requested for the construction of the Aquatic Center Project, which will be
reimbursed by the Port District pursuant to the terms of the Amended and Restated MOU.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the Amended and Restated Memorandum
of Understanding between the San Diego Unified Port District and the City of National City
regarding the National City Aquatic Center.
BE IT FURTHER RESOLVED that the City Council approves an appropriation in
the amount of $3,080,000 from the General Fund to the Aquatic Center Account No. 001-409-
500-598-3816, pending the reimbursement from the San Diego Unified Port District.
PASSED and ADOPTED this 6th day of August, .
ATTEST:
� � Q
i hael R. Dalla it
M y Clerk
ROVED AS TO FORM:
a Silva
ty Att
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on August 6,
2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
t&
City rk of the City f National City, California
le
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-119 of the City of National City, California, passed and
adopted by the Council of said City on August 6, 2013.
City Clerk of the City of National City, California
By:
Deputy