HomeMy WebLinkAboutCC RESO 2015-164RESOLUTION NO. 2015 — 164
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
RESCINDING RESOLUTION 2015-142 APPROVING AMENDMENT NO. 2
TO 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
(RENAMED AS THE WATERFRONT ADVENTURE CENTER); AUTHORIZING
THE MAYOR TO EXECUTE A REVISED AMENDMENT NO. 2 TO
THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING
WHEREIN THE PORT DISTRICT AGREES TO CONTRIBUTE AN
ADDITIONAL $223,110 TOWARDS COMPLETION OF THE PROJECT,
BASED ON ADDITIONAL LANGUAGE REQUESTED AND APPROVED
BY THE BOARD OF PORT COMMISSIONERS AT THEIR PUBLIC MEETING
HELD ON OCTOBER 6, 2015; AND AUTHORIZING THE APPROPRIATION
OF $223,110 TO THE PROJECT, WHICH WILL BE REIMBURSED
BY THE PORT DISTRICT SUBJECT TO THE TERMS OF THE AMENDMENT
WHEREAS, on August 6, 2013, the City Council adopted Resolution No. 2013-
119 entering into an Amended and Restated Memorandum of Understanding ("MOU") related to
the National City Aquatic Center (renamed the Waterfront Adventure Center) between the San
Diego Unified Port District and the City of National City; and
WHEREAS, at the October 27, 2014 Port District Capital Improvement Program
Workshop, the Board of Port Commissioners approved the City's request for an additional
$500,000 to complete the Project; and
WHEREAS, on December 16, 2014, the City Council adopted Resolution No.
2014-175 entering into Amendment No. 1 of the Amended and Restated MOU increasing the
Port District's contribution to the Project by $500,000; and
WHEREAS, on September 15, 2015, the City Council adopted Resolution No.
2015-142, authorizing the Mayor to execute Amendment No. 2 to the Amended and Restated
Memorandum of Understanding wherein the Port District agreed to contribute an additional
$223,110 towards completion of the Project; and
WHEREAS, at a public meeting on October 6, 2015, the Board of Port
Commissioners unanimously approved the additional $223,110, but revised Amendment No. 2
to add conditions to the reimbursement of the $223,110, as follows:
The District shall not be obligated to reimburse City for the last
$223,110 of the maximum $4,633,110 until City has received all of
the following and provided copies to District: (1) unconditional
waivers and releases from all contractors, subcontractors, material
suppliers, equipment lessors, laborers, design professionals, other
persons or entities that provided work for the Project, and any other
person or entity that filed a stop work notice and/or preliminary
notice related to the Project; (2) a Certificate of Occupancy for the
Project; (3) Americans with Disabilities Act (ADA) inspection
approval for the Project; and (4) recordation of Notice of Completion
with the County.
; and
Resolution No. 2015 — 164
Page Two
WHEREAS, staff takes no exception to these conditions added to Amendment
No. 2. and requests that the City Council rescind Resolution 2015-142, which adopted the
original Amendment No. 2, and authorize the Mayor to execute the revised Amendment No. 2;
and
WHEREAS, an appropriation of $223,110 to the Project is necessary, which will
be reimbursed by the Port District subject to the terms of Amendment No. 2.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby rescinds Resolution No. 2015-142, adopted on September 15, 2015.
BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to
execute a revised Amendment No. 2 to the Amended and Restated Memorandum of
Understanding related to the National City Aquatic Center (renamed the Waterfront Adventure
Center) between the San Diego Unified Port District and the City of National City wherein the
Port District agrees to contribute an additional $223,110 towards completion of the Project
based on additional language requested and approved by the Board of Port Commissioners at
their public meeting held on October 6, 2015.
BE IT FURTHER RESOLVED that the City Council authorizes the appropriation
of $223,110 to the Project, which will be reimbursed by the Port District subject to the terms of
the Amendment.
PASSED and ADOPTED this 3rd day of November, 2015.
Morrison, Mayor
ATTEST:
ael R. Dalla, City Clerk
APPROVED AS TO FORM:
Clau•ia acitu. Silva
City Attorn: y
Passed and adopted by the Council of the City of National City, California, on
November 3, 2015 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
'A;i4j
City Jerk of the City National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-164 of the City of National City, California, passed and
adopted by the Council of said City on November 3, 2015.
City Clerk of the City of National City, California
By:
Deputy