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Home My WebLink About2007 CON City of San Diego / Chula Vista - Amendment Supplemental MOU Enterprise ZoneAMENDMENT TO SUPPLEMENTAL MOU REGARDING PAYMENT OF ENVIRONMENTAL ANALYSIS FEES FOR THE SAN DIEGO REGIONAL ENTERPRISE ZONE RECITALS This Amendment to the SUPPLEMENTAL MOU is entered into by the City of San Diego [San Diego], the City of National City [National City], the City of Chula Vista [Chula Vista], all California municipal corporations [hereinafter collectively "the Partners" or "the Partnership"], the Redevelopment Agency of the City of San Diego, a public body corporate and politic [San Diego Redevelopment Agency], and the Southeastern Economic Development Corporation [SEDC], [hereinafter collectively "the Parties"], for the sole purpose of designating the agencies responsible for payment of San Diego's portion of the environmental analysis fees for the San Diego Regional Enterprise Zone [EZ]. WHEREAS, on or about August 31, 2006, the Partners executed the FIRST MOU (attached hereto as Exhibit "A" and fully incorporated by reference herein) for purposes of identifying the Partnership and allocating responsibility for submittal of an application to state for designation of the EZ. WHEREAS, on or about June 11, 2007, the Partners executed a SUPPLEMENTAL MOU (attached hereto as Exhibit "B" and fully incorporated by reference herein), for the limited purpose of allocating financial responsibility of environmental analysis fees for the E.Z. WHEREAS, the Partners agree all provisions of the SUPPLEMENTAL MOtJ remain in full force and effect, except that San Diego's portion of environmental analysis fees shall be paid to National City directly by the San Diego Redevelopment Agency and SEDC as set forth below. WHEREAS, to further the redevelopment of the City Heights Project Area Crossroads Project Area, and San Ysidro Project Area (all located within the geographic boundaries of the EZ), the San Diego Redevelopment Agency will pay 75% of San Diego's portion of environmental analysis fees for the EZ. WHEREAS, to further the redevelopment of the Central Imperial Project Area, located within the geographic boundaries of the EZ, SEDC will pay 25% of San Diego's portion of the environmental analysis fees for the EZ. NOW THEREFORE, in consideration of the above recitals and mutual covenants and conditions set forth herein, and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the following: 1. The Recitals set forth above are true and correct, and fully incorporated and agreed to herein. 2. Any portion of the environmental analysis fees for the EZ that San Diego is financially responsible for under the terms of the SUPPLEMENTAL MOU, shall be paid as follows: (a) The San Diego Redevelopment Agency will pay 75% of San Diego's portion of environmental analysis Ices for the EZ; and (b) SEDC will pay 25% of San Diego's portion of environmental analysis fees for the EZ. 3. Upon receipt of an invoice from PACIFIC MUNICIPAL CONSULTANTS [PMC], National City shall promptly mail and fax a copy to San Diego as set forth in the SUPPLEMENTAL MOU. San Diego shall promptly deliver said invoice to the San Diego Redevelopment Agency at 1200Third Ave., San Diego, CA 92101, Attn: Scott Mercer, Supervising Management Analyst, FAX 619-533-3219, and SEDC at 4393 Imperial Avenue, Suite 200, San Diego, CA 92113, Attn: Dante Dayacap, Director of Finance, FAX 619-262-9845. Within I0 business days of receipt of PMC's invoice, each respective agency shall deliver a check to National City, made out to "Community Development Commission of the City of National City," for San Diego's portion of environmental analysis fees for the EZ. 4. The Parties acknowledge and agree this Amendment to the SUPPLEMENTAL MOU, as well as any payments hereunder, may be subject to approval by their respective City Council's or otherwise governing bodies. 5. This Amendment to the SUPPLEMENTAL MOU fully expresses the final and complete understanding of the Parties concerning the matters covered therein. No change, alteration, or modification of the terms or conditions of this Amendment to the SUPPLEMENTAL MOU, and no verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless made in writing and signed by the caeh Parties' duly authorized representatives. All prior negotiations and agreements concerning the matters covered herein are merged into this Amendment to the SUPPLEMENTAL MOU. IN WITNESS WHEREOF, the Parties agree to abide by the terms of this Amendment to the SUPPLEMENTAL MOU, and hereby execute the same by and through their duly authorized representatives. THE CITY OF SAN DIEGO Date: _, By colt Kessler City Planning & Community Investment Dept. Deputy Director • Approved as to form and legality: By_ Date: Jana•mo, Deputy City Attorney THE CITY OF CHULA VISTA By__ avid R. Ga ia, City Manager n Approved as to form and legality: By t--(I'.,� i1 t' ,,4-_-?.c. 'Z - Ann Moore, City Attorney THE CITY OF TIONAL CITY Date: By Approved as to form and legality: By Date: Ron Morrison, Mayor City of National City George Eiser, City Attorney THE REDEVELOPMENT AGENCY OF THE CITY OF SAN DIEGO lly By Approved as to form and legality: By Date: lt%/I /O/(/ Janice Weinrick, City Planning & Community Investment Dept. Deputy Executive Director Carol Leone, Deputy City Attorney SOUTIIEASTERN ECONOMIC DEVELOPMENT CORPORATION By Approved as to form and legality: By Carol Leone, Deputy City Attorney Carolyn Y. Swath, President 3 RESOLUTION NO. 2007 - 240 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING (MOU) TO THE FIRST MOU WITH THE CITY OF SAN DIEGO, THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN DIEGO, AND THE SOUTHEASTERN ECONOMIC DEVELOPMENT CORPORATION (SEDC) FOR THE PURPOSE OF DESIGNATING THE AGENCIES RESPONSIBLE FOR PAYMENT TO THE CITY OF NATIONAL CITY FOR SAN DIEGO'S 80% PORTION OF THE ENVIRONMENTAL ANALYSIS FEES FOR THE SAN DIEGO REGIONAL ENTERPRISE ZONE (SDREZ) WHEREAS, On August 31, 2006, the City of San Diego, the City of Chula Vista, and the City of National City entered into a FIRST MOU with Pacific Municipal Contractors (PMC); and WHEREAS, this FIRST MOU identified the Partners and divided fiscal responsibility for consulting services related to the submittal of the Enterprise Zone (EZ) Application for designation of the San Diego Regional Enterprise Zone (SDREZ), and WHEREAS, on June 19, 2007, the City of National City entered into a Supplemental Memorandum of Understanding to the FIRST MOU with the City of San Diego and the City of Chula Vista allocating environmental analysis fees for the San Diego Regional Enterprise Zone (SDREZ); and WHEREAS, on June 19, 2007, the City also entered into an Agreement with Pacific Municipal Consultants to prepare the Environmental Impact Report required by the State for the final designation of the SDREZ; and WHEREAS, the Partners agree all provisions of the SUPPLEMENTAL MOU remain in full force and effect, except that San Diego's portion of environmental analysis fees shall be paid to National City directly by the San Diego Redevelopment Agency and SEDC; and WHEREAS, to further the redevelopment of the City Heights Project Area, Cross Roads Project Area, and San Ysidro Project Area (all located within the geographic boundaries of the SDREZ), the San Diego Redevelopment Agency will pay 75% of San Diego's portion of environmental analysis fees for the EZ; and WHEREAS, to further the redevelopment of the Central Imperial Project Area, located within the geographic boundaries of the SDREZ, SEDC will pay 25% of San Diego's portion of the environmental analysis fees for the EZ; and WHEREAS, a Supplement Memorandum of Understanding is necessary to designate the agencies responsible for payment of San Diego's portion of the environmental analysis fees for the SDREZ to the City of National City, and to add the San Diego Redevelopment Agency and SEDC as parties to the FIRST MOU, the SUPPLEMENTAL MOU, and the AMENDMENT TO SUPPLEMENTAL MOU. Resolution No. 2007 — 240 October 16, 2007 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an AMENDMENT TO THE SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING to the FIRST MOU with the City of San Diego, the City of Chula Vista, the Redevelopment Agency of the City of San Diego, and the Southeastern Economic Development Corporation for the purpose of designating the agencies responsible for payment of San Diego's portion of the environmental analysis fees for the San Diego Regional Enterprise Zone. Said Amendment to the SUPPLEMENTAL MOU is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of Octo. r, 2' '7. ATTEST: 4 Mic ael R. Dalla, ii Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, Califomia, on October 16, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Ungab, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California erk of of CityCity al City, California ation By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-240 of the City of National City, California, passed and adopted by the Council of said City on October 16, 2007. City Clerk of the City of National City, California By: Deputy C'go6.59 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE October 14 2007 AGENDA ITEM NO. 7 (EM TITLE Resolution authorizing the Chairman to execute an Amendment to the Supplemental Memorandum of Understanding to the FIRST MOU with the City of San Diego, the City of Chula Vista, the Redevelopment Agency of the City of San Diego, and the Southeastern Economic Development Corporation (SEDC) for the purpose of designating the agencies responsible for payment to National City for San Diego's 80% portion of the environmental analysis fees for the San Diego Regional Enterprise Zone (SDREZ). PREPARED BY DEPARTMENT Jacqueline Reynoso (ext. 4293) Economic Development Division Community Development Coordinator Strategic Action Plan 4c EXPLANATIONOn June 19, 2007, the City of National City entered into a Supplemental Memorandum of Understanding to the FIRST MOU with the City of San Diego and the City of Chula Vista allocating environmental analysis fees for the San Diego Regional Enterprise Zone (SDREZ). The City of San Diego agreed to pay for 80% of the costs and National City agreed to pay for 20% of the costs. On June 19, 2007, The City of National City entered into an Agreement with Pacific Municipal Consultants (PMC) to prepare the Environmental Impact Report required by the State for the final designation of the SDREZ. The Supplemental MOU indicates the method of payment for billable work completed by PMC. Due to the City of San Diego's funding source for the SDREZ, San Diego is requesting that payments to National City for San Diego's 80% potion of the environmental analysis fees be paid by the San Diego Redevelopment Agency and Southeastern Economic Development Corporation (SEDC). This has prompted the partners to execute an Amendment to the Supplemental MOU for the sole purpose of designating the agencies remitting payment to National City on behalf of the City of San Diego for the environmental alysis fees invoiced by PMC. Environmental Review N/A Financial Statement The estimated cost of the EIR is S91,000. San Diego has agreed to fund 80%, not to exceed S72,800, and National City has agreed to fund 20%, not to exceed S18,200. STAFF RECOMMENDATION Adopt the resolution. ATTACHMENTS 1. Staff Report 5. Resolution L. 2. Amendment to Supplemental MOU 4. Supplemental MOU Resolution No. 'o a'-i A-200 (9/80) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 October 29, 2007 Mr. Ples Felix Special Incentive Manager City of San Diego City Planning & Community investment Department Economic Development Division 1200 Third Avenue, 14m Floor, MS 56-D San Diego, CA 92101 Dear Mr. Felix, On October 16, 2007, Resolution No. 2007-240 was passed and adopted by the Community Development Commission of National City, authorizing execution of an amendment to the supplemental memorandum of understanding to the first memorandum of understanding with the City of San Diego, City of Chula Vista and the Southeastem Economic Development Corporation. We are enclosing for your records three fully executed original amendments to the supplemental memorandum of understanding. A certified copy of the resolution will follow. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure cc: Community Development Commission 9 Recycled Paper City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 November 26, 2007 Mr. Ples Felix Special Incentive Manager City of San Diego City Planning & Community Investment Department Economic Development Division 1200 Third Avenue, 14m Floor, MS 56-D San Diego, CA 92101 Dear Mr. Felix, On October 16, 2007, Resolution No. 2007-240 was passed and adopted by the Community Development Commission of National City, authorizing execution of an amendment to the supplemental memorandum of understanding to the first memorandum of understanding with the City of San Diego, City of Chula Vista and the Southeastern Economic Development Corporation. We are enclosing for your records a certified copy of the resolution. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure cc: Community Development Commission ® Recycled Paper City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 October 29, 2007 Ms. Lynette A. Jones Sr. Business Development Specialist City of Chula Vista Community Development Dept. 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Jones, On October 16, 2007, Resolution No. 2007-240 was passed and adopted by the Community Development Commission of National City, authorizing execution of an amendment to the supplemental memorandum of understanding to the first memorandum of understanding with the City of San Diego, City of Chula Vista and the Southeastern Economic Development Corporation. We are enclosing for your records three fully executed original amendments to the supplemental memorandum of understanding. A certified copy of the resolution will follow. Michael R. Dalla, CMC City Clerk Enclosure cc: Community Development Commission ® Recycled Paper City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 November 26, 2007 Ms. Lynette A. Jones Sr. Business Development Specialist City of Chula Vista Community Development Dept. 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Jones, On October 16, 2007, Resolution No. 2007-240 was passed and adopted by the Community Development Commission of National City, authorizing execution of an amendment to the supplemental memorandum of understanding to the first memorandum of understanding with the City of San Diego, City of Chula Vista and the Southeastern Economic Development Corporation. We are enclosing for your records a certified copy of the resolution. Sincerely, Michael R. Dal a, CMC City Clerk Enclosure cc: Community Development Commission ® Recycled Paper