HomeMy WebLinkAbout2009 CON City of San Diego / City of Chula Vista - Amendment #2 Supplemental MOU Enterprise ZoneNOTE TO FILE
03-24-10
IN THE MATTER OF: Resolution of the City Council of the
City of National City authorizing the City Manager to execute
a Second Amendment to supplemental Memorandum of
Understanding regarding payment of environmental analysis
fees for the San Diego regional enterprise zone between the
City of National City, the City of Chula Vista, the City of San
Diego, and the Redevelopment Agency of the City of San
Diego, which provides for the City of San Diego to pay for
additional costs for an Amendment to Agreement with Pacific
Municipal Consultants in the not -to -exceed amount of
$12,200 for additional time to complete the SDREZ EIR.
Please note the following:
A FULLY EXECUTED ORIGINAL AMENDMENT WAS NEVER
FILED WITH THE OFFICE OF THE CITY CLERK
ORIGINATING DEPARTMENT: X CDC Housing & Grants
_ City Attorney _ Human Resources
_ City Manager — MIS
_ Community Svcs. _ Planning
Engineering _ Police
Finance Public Works
Fire
• 03-30-09 — Mailed 11 partially executed original amendments to the City of
San Diego. One copy to be returned to the Office of the City Clerk.
NTF
SECOND AMENDMENT TO SUPPLEMENTAL MEMORANDUM OF
UNDERSTANDING REGARDING PAYMENT OF ENVIRONMENTAL ANALYSIS
FEES FOR THE SAN DIEGO REGIONAL ENTERPRISE ZONE
THIS SECOND AMENDMENT TO SUPPLEMENTAL MEMORANDUM OF
UNDERSTANDING is made by and between the City of San Diego [San Diego], the City of
National City [National City], the City of Chula Vista [Chula Vista], all municipal corporations
[hereinafter collectively "the Partners" or "the Partnership"], and the Redevelopment Agency of
the City of San Diego [San Diego Redevelopment Agency], a public body corporate and politic,
[hereinafter collectively "the Parties".]
RECITALS
WHEREAS. the Partners entered into a Supplemental Memorandum of Understanding
[MOU] to the First MOU Allocating Environmental Analysis Fees For the San Diego Regional
Enterprise Zone on June 19, 2007, for the limited purpose of allocating financial responsibility of
environmental analysis fees for the San Diego Regional Enterprise Zone [SDREZ]; and
WHEREAS. on September 17, 2006, the Community Development Commission of
National City executed an agreement with Pacific Municipal Consultants [PMC] in the amount
of $91.000.00 to prepare and submit an Environmental Impact Report [EIRJ to the California
State Department of Housing and Community Development [HCD] for final designation of a
SDREZ. and
WHEREAS, the Supplemental MOU provides that the total contractual fiscal obligation
to PMC would not exceed $91.000.00; and
WHEREAS, of the total obligation of $91.000.00, San Diego was responsible for an
amount not to exceed $72.800.00; and
Page 1 of 3
WHEREAS, on or about October 11, 2007 the First Amendment to the Supplemental
MOU regarding Payment of Environmental Analysis Fees for the San Diego Regional Enterprise
Zone was executed for the sole purpose of designating the agencies responsible for payment of
San Diego's portion of the environmental analysis fees for the SDREZ; and
WHEREAS. on January 4, 2008, the draft EIR was published for public review and the
written replies necessitate additional staff time to complete the EIR process; NOW
THEREFORE, in consideration of the terms and conditions set forth below and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1. Maximum Contract Amount: The maximum contract amount shall be increased in the
amount of $12.500.00 for work to complete the SDREZ EIR for a total contract
amount of $103,500.00. The additional $12,500.00 shall be paid by San Diego from
funds which have previously been allocated for the SDREZ EIR process.
2. Agreement between National City and PMC: National City shall amend its agreement
with PMC for the additional contractual obligation of $12,500.00.
IN WITNESS WHEREOF, each Partner agrees to abide by the terms of this SECOND
AMENDMENT TO THE SUPPLEMENTAL MOU and hereby executes the same by and
through its duly authorized representative.
THE CITY OF SAN DIEGO
Date: By
Scott Kessler
Deputy Director
City Planning and Community Investment
Approved as to form and legality: By
Kimberly K. Kaelin, Deputy City Attorney
Page 2 of 3
THE CITY OF CHULA VISTA
Date: /C.7 o /o 9 By
Scott Tulloch, Interim City Manager
Approved as to form and 1�_1ba�ity:�By�a
Bart Miesfeld, Interim City Attorney
THE CITY OF NAT
Date: March 17, 2009 By
N,44, CITY/
al t \
Chris Zapata VCity Manager
City of National City
Approved as to form and legality: By "7—),, /9 eeekL
George Eiser, City Attorney
THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN DIEGO
Date: By
Janice Weinrick
Deputy Executive Director
City Planning and Community Investment
Department
Approved as to form and legality: By
Carol Leone, Deputy City Attorney
Page 3 of 3
Legend
SDREZ Boundaries
f Proposed TEA Boundaries
Municipal Boundaries
0007g
San Diego Regional Enterprise Zone
Targeted Employment Area
GAt10O0111* v
NATIONALOrr
Cm OF
CHUM VISTA
RESOLUTION NO. 2009 — 56
RESOLUTION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE
A SECOND AMENDMENT TO SUPPLEMENTAL
MEMORANDUM OF UNDERSTANDING REGARDING
PAYMENT OF ENVIRONMENTAL ANALYSIS FEES FOR
THE SAN DIEGO REGIONAL ENTERPRISE ZONE BETWEEN
THE CITY OF NATIONAL CITY, THE CITY OF CHULA VISTA,
THE CITY OF SAN DIEGO, AND THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN DIEGO, WHICH PROVIDES FOR
THE CITY OF SAN DIEGO TO PAY FOR ADDITIONAL COSTS FOR
AN AMENDMENT TO AGREEMENT WITH PACIFIC MUNICIPAL
CONSULTANTS IN THE NOT -TO -EXCEED AMOUNT OF $12,200
FOR ADDITIONAL TIME TO COMPLETE THE SDREZ EIR
WHEREAS, the City of National City, the City of Chula Vista, the City of San
Diego, and the Redevelopment Agency of the City of San Diego (the "Partners") entered into a
Supplemental Memorandum of Understanding (MOU) to the First MOU Allocating
Environmental Analysis Fees for the San Diego Regional Enterprise Zone on June 19, 2007, for
the limited purpose of allocating financial responsibility of environmental analysis fees for the
San Diego Regional Enterprise Zone ("SDREZ"); and
WHEREAS, on September 17, 2006, the Community Development Commission
of the City of National City executed an agreement with Pacific Municipal Consultants ("PMC")
in the amount of $91,000 to prepare and submit an Environmental Impact Report ("EIR") to the
California State Department of Housing and Community Development ("HCD") for final
designation of a SDREZ; and
WHEREAS, the Supplemental MOU provides that the total contractual fiscal
obligation to PMC would not exceed $91,000, of which the City of San Diego was responsible
for an amount not -to -exceed $72,800; and
WHEREAS, on October 16, 2007, the First Amendment to the Supplemental
MOU regarding Payment of Environmental Analysis Fees for the San Diego Regional Enterprise
Zone was executed for the sole purpose of designating the agencies responsible for payment of
San Diego's portion of the environmental analysis fees for the SDREZ; and
WHEREAS, an amendment to the original agreement with PMC in the not -to -
exceed amount of $12,200 is necessary due to the additional time needed to respond to the City
of San Diego's related public comments concerning the EIR; and
WHEREAS, a Second Amendment to the Supplemental Memorandum of
Understanding regarding payment of Environmental Analysis Fees for the San Diego Regional
Enterprise Zone provides that the City of San Diego is financially responsible for the payment to
the City of National City of the additional $12,200 for the Amendment to Agreement between the
City of National City and Pacific Municipal Consulting, and that the City of San Diego reimburse
the City of National City from funds which were previously allocated for the SDREZ EIR
process.
Resolution No. 2009 — 56
March 17, 2009
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Second Amendment to Supplemental
Memorandum of Understanding Regarding Payment of Environmental Analysis Fees for the
San Diego Regional Enterprise Zone between the City of National City, the City of Chula Vista,
the City of San Diego, and the Redevelopment Agency of the City of San Diego, which provides
that the City of San Diego shall reimburse the City of National City from funds which were
previously allocated for the SDREZ EIR process for the additional cost of the Amendment to
Agreement between the City of National City and Pacific Municipal Consultants for additional
time to complete the SDREZ EIR.
PASSED and ADOPTED this 17th day of March, 2009.
on Morrison, Mayor
ATTEST:
r✓,
Michael R. Dalla,/City lerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on March 17,
2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
City Clerk of the 6ity o(National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-56 of the City of National City, California, passed and adopted
by the Council of said City on March 17, 2009.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE March 17 2009
10
AGENDA ITEM NO.
/T EM TITLE Resolution of the City of National City Authorizing the Mayor to execute the Second Amendme
to Supplemental Memorandum of Understanding Regarding Payment of Environmental Analysis Fees for the San
Diego Regional Enterprise Zone (Amendment) between the City of National City, the City of Chula Vista, the City of
San Diego, and the Redevelopment Agency of the City of San Diego which provides for the City of San Diego to pay for
the additional costs up to $12,500 for a total contract amount up to $103,500.
PREPARED BY DEPARTMENT
Alfredo Ybarra (ext. 4279) Community Development
Community Development Manager Housing and Grants Division
EXPLANATION In August of 2006, the following Partners, Chula Vista, San Diego, and National City, submitted a "San
Diego Regional Enterprise Zone" (SDREZ) Application to the State of California. This application was given a conditional
approval effective October 15, 2006 through the State's Housing and Community Development Department pending final
designation of a completed Environmental Impact Report (EIR).
On June 19, 2007, the CDC of National City approved a contract with Pacific Municipal Consultants (PMC) for $91,000 to
provide the Environmental Impact Report (EIR) required by the State for the final designation of the San Diego Regional
Enterprise Zone (SDREZ). The City of San Diego had agreed to fund 80% of the cost, not to exceed $72,800, and the CDC of
National City had agreed to fund 20% of the cost, not to exceed $18,200. The City of San Diego has reimbursed the City of
National City for the actual contracts cost of S72,799.73.
The Amendment between the CDC, City of San Diego, City of Chula Vista, and the Redevelopment Agency of the City of San
Diego, provides for the City of San Diego to pay for the additional costs up to $12,500 for a total contract amount up to $103,500.
These increase costs were due to extra staff work by PMC to respond to City of San Diego related written comments concerning
the EIR. PMC has invoiced the City of National for the additional costs of $12,200 (see related item). As a result, the City of San
Diego will reimburse the City of National City for the actual additional costs of $12,200. There are no additional costs to the City
in relation to this amended agreement.
Environmental Review 1v/A
Hpproveu ay:
Finance Director
Financial Statement There is no fiscal impact associated with this request.
N.
STAFF RECOMMENDATION Adopt resolution
ATTACHMENTS
1. Background Report
2. Agreement
3. Resolution
Resolution No. " ` `\
1
A-200 (9/80)
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
March 30, 2009
Ms. Lydia Moreno
City of San Diego
202 C Street, MS 4A
San Diego, CA 92101
Dear Ms. Moreno,
On March 17th, 2009, Resolution No. 2009-56 was passed and adopted by the
City Council of the City of National City, authorizing execution of ? second
amendment to supplemental memorandum of understanding with the City of
Chula Vista, City of San Diego and the Redevelopment Agency of the City of
San Diego.
We are forwarding a certified copy of the above Resolution and 11 partially
executed original amendments. Please return one fully executed original
amendment to us for our files.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures
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