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HomeMy WebLinkAboutResolutions - No. 2007-215RESOLUTION NO. 2007-215 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING APPLICATION TO STATE OF CALIFORNIA FOR SAN JOAQUIN COUNTY ENTERPRISEZONE, APPROVING ENTERPRISEZONE LETTER OF COMMITMENT; AND APPROVE MEMORANDUM OF UNDERSTANDING FOR MULTI -AGENCY COOPERATION WHEREAS, the City of Lodi and other public entities are submitting a joint application for a California Enterprise Zone, to be known as the San Joaquin County Enterprise Zone, to the California Department of Housing and Community Development (the Department) on or before November 16,2007; and WHEREAS, the City of Lodi finds that the application area within the City of Lodi is a depressed area and that designation of the area as an Enterprise Zone is necessary in order to attract private sector investment to the application area; and WHEREAS, the City of Lodi authorizes an application for Enterprise Zone designation: and WHEREAS, the City of Lodi authorizes and supports job development, job creation, and economic development: and WHEREAS, the City of Lodi authorizes that staffing shall be made available to maintain record- keeping, monthly updates on zone activities, and to discuss these activities with program auditors: and WHEREAS, the City of Lodi shall develop a self-evaluation process to measure its progress in meeting its goals and objectives, and this process shall be submitted to the Department for review, approval, and inclusion in the Memorandum of Understanding (MOU) prior to Final Designation: and WHEREAS, the City of Lodi agrees to complete all actions stated within the application that apply to itsjurisdiction should the proposed Enterprise Zone be awarded designation: and WHEREAS, the Lodi City Manager is authorized to sign the application, the MOU, and other documents necessaryfor the implementation of the Enterprise Zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that the City is committed to the designation, implementation, and operation of the San Joaquin County Enterprise Zone, and further authorizingthe City Managerto take actions required to provide for a successful application. Dated: November 7,2007 hereby certify that Resolution 2007.215 was passed and adopted by the Lodi City Council in a regular meeting held on November 7, 2007, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Katzakian, Mounce, and MayorJohnson NOES: COUNCIL MEMBERS— None ABSENT COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS—None NNIFER I. PERRIN putt' Git lerk 2007-215 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF UNDERSTANDING FOR MULTIAGENCY COOPERATION IN THE IMPLEMENTATION, MANAGEMENTAND MARKETING OF THE SAN JOAQUIN COUNTY ENTERPRISE ZONE This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and executed this 8th day of November, 2007 (the" Effective date") by and between the citie )f Stockton, Lodi, Manteca, Lathrop and Tracy, municipal corporations of the State of ,alifornia (hereinafter referred to as "CITIES"), the COUNTY OF SAN JOAQUIN, a )olitical subdivision of the State of California (hereinafter referred to as "COUNTY"), an he San Joaquin Partnership, a non-profit economic development corporation. WITNESSED WHEREAS, the existingStockton/San Joaquin County Enterprise Zone has ;ontributed substantially to the economic development and social advancement of )ortions of the City of Stockton and the COUNTY since 1993, but is expiring in 2008; WHEREAS, the CITIES and COUNTY are applying for an Enterprise Zone lesignation by the State of California in the 2007/2008 application round in order to ring Enterprise Zone benefits to four more cities (Lathrop, Lodi, Manteca and Tracy) ind a wider area of San Joaquin County (French Camp, Linden and Thornton). WHEREAS, the implementation, management and marketing of an Enterprise -one upon designation is a long-term (15 -year) partnership between local governments iusiness organizations and businesses; WHEREAS, the successful implementation of an Enterprise Zone Program equires a strong commitment and cooperation by the all of the program participants in upport of job development, job creation and economic development; WHEREAS, the purpose of the California State Enterprise Zone Program is to timulate business and industrial growth in depressed areas of the state, help attract usiness to the state, help retain and expand business and industry, and create icreased job opportunities for all Californians; 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the parties of this MOU acknowledge they need the Enterprise Zon Program to improve economic conditions and overall quality of life within the territory o the five participating cities and in the unincorporated area of San Joaquin County; NOW, THEREFORE, CITIES, COUNTY, and San Joaquin Partnership agree a: II follows: 1 4. ARTICLE DEFINITIONS "Comprehensive Marketing Strategy" is a component of the Marketing Strategy and Plan section of the Economic Development Plan. 1 3. "Department" is the California Department of Housing and Community Development. "Economic Development Plan" is a part of the Enterprise Zone application ;onsisting of eight sections, including the "Marketing Strategy and Plan" and the "Job Development, Vouchering Plan and Vouchering Fee Remittance Plan." D. "Employmentand Economic Development Department"or "EEDD" is a COUNT' Department under the jurisdiction of the San Joaquin County Board of Supervisors, anc s the administrative entity for the Workforce Investment Board dbaWorkNet, the conom#c DevelopmentAssociation, and Revolving Loan Fund. _. "Enterprise Zone Advisory Committee" or "Committee" is a body comprised ofth 'one Manager, and designees from the COUNTY, the five participating CITIES, EEDD >an Joaquin Partnership and other stakeholders as needed. The Committee reviews ongoing Zone program activities, including regular self-evaluation, and makes policy ecommendationsto the Zone Manager and to all Zone jurisdictions and economic levelopment partners. "Job Development Plan" is the component of the Economic Development Plan iat details how the zone will target employee screening, training, and job -linkage ervices. VA 1 C 4 c E 7 E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. "Vouchering Fee Remittance Plan" is the component of the Economic Development Plan that details how the Zone will process, manage and report voucher application fees. ICJ "Vouchering Plan" is the component of the Economic Development Plan that identifies the process for verifying and determining the validity of claims, storage of documents and tracking of categories of eligibility for vouchers. I. "Zone" means the San Joaquin County Enterprise Zone. J. "Zone Manager" is an employee of the COUNTY Employmentand Economic Development Departmentwho is the overall leader and administratorof the Zone. ARTICLE II ROLES OF PARTICIPATING AGENCIES I A. COUNTY OF SAN JOAQUIN 1. The COUNTY has prepared a Letter of Commitment (Exhibit 1 to this Memorandum) delineating the resources made available by the County of San Joaquin for the implementation of the Zone Program. 2. The Zone Manager shall be an employee of the COUNTY Employment and I Economic Development Department. The Zone Manager shall be in charge of the overall coordination of all programs and activities of the Enterprise Zone. The Zone Manager shall work with the Zone Coordinators of the COUNTY and of each )articipating CITY, the president & chief executive of the San Joaquin Partnership, and )then economic development partners to ensure the successful implementation of all of he components of the Enterprise Zone Economic Development Plan, periodically eview the achievement of the goals of the Enterprise Zone, and verify compliance with he reporting requirements to the State and all the members of the Enterprise Zone. #. The COUNTY Administrator shall appoint an Enterprise Zone Coordinator who ;hall be the primary local marketing agent for the Zone in the unincorporated area of San Joaquin County, including the communities of Thornton, Linden and French Camp. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I The COUNTY Zone Coordinator shall be the main source of all relevant information relating to the Zone in the unincorporated area requested by the business community, the public and residents wishing to participate in the Zone Program. 14. The COUNTY may develop its own local marketing programs designed to promote economic development and job creation opportunities, focusing particularlyon the unincorporated area of the County. 5. The COUNTY and the participating CITIES agree that the lead agency for the internal marketing programs of the Zone shall be the COUNTY Economic Developmerr Association (hereinafter " E DA). Subject to oversight by the Enterprise Zone Advisory Committee, the EDA shall lead implementation of the business retention and expansior elements of the Marketing Strategy and Plan, with supporting implementation by the COUNTY, all participating CITIES and economic development partners. To the greate! extent practicable, the EDA shall coordinate its Zone internal marketing activities with the San Joaquin Partnership, which shall handle the Zone's overall external marketing activities. 6. The COUNTY and CITIES agree that EEDD shall implementthe Job Development Plan, Vouchering Plan and the Voucher Fee Remittance Plan. The COUNTY and CITIES agree that the EEDD shall be the Vouchering Agent in charge of managing the issuance of vouchers to Zone program participants. EEDD shall also be ,esponsible for retention of voucher -related records for the life of the Zone plus ten fears. 7. The Zone Manager, or his/her agent within the EEDD, shall process and remit lirectly to the Department by the 251" day on the State's Monthly Form all of the $10.00 toucher application fees collected on behalf of the Department during the preceding nonth. The Zone Manager, or his/her agent within the EEDD, shall provide copies of ;aid completed monthly remittance forms to the Enterprise Zone Advisory Committee. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 8. The COUNTY Zone Coordinator and the EEDD Administrator shall each contribute a monthly progress report of Zone -related activities to the Zone Manager for inclusion with the required monthly reports to the Department. 9. The COUNTY Zone Coordinator and EEDD Administrator shall each submit to the Zone Manager a self-evaluation of performance of its Zone activities at least once per year for inclusion with the Zone annual report. B. PARTICIPATING CITIES IN THE COUNTY OF SAN JOAQUIN 1. Each participating CITY has prepared a Letter of Commitment (Exhibits 2 through 6 to this Memorandum) delineating the resources being contributed to the implementation of the Zone program. 2. Each participating CITY shall appoint an Enterprise Zone Coordinatorwho shall be the primary local marketing agent for the Zone in each CITY. The City Zone Coordinator shall be the main source of all relevant information relating to the Zone in that CITY requested by the business community, the public and residents wishing to participate in the Zone Program. 3. Each CITY may develop its own local marketing programs designed to promote economic development and job creation opportunities in each CITY. 4. Each CITY Zone Coordinator shall contribute a monthly progress report of Zone related activities to the Zone Managerfor inclusion with the required monthly reports to the Department. 5. Each CITY Zone Coordinator shall submit to the Zone Manager a self-evaluatior of performance of its Zone activities at least once per year for inclusion with the Zone annual report. SAN JOAQUIN PARTNERSHIP 1. The San Joaquin Partnership (hereinafter "PARTNERSHIP"), a non-profit 3conomic development corporation, has prepared a Letter of Commitment (Exhibit 7 to 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this Memorandum) delineating the resources being contributed to the implementationo the Zone program, particularly the Marketing Strategy and Plan. 2. The COUNTY and the participating CITIES agree that the PARTNERSHIP shall implement the external marketing and business attraction elements of the regional marketing program of the Zone. Subject to oversight from the Enterprise Zone Advisor Committee, the PARTNERSHIP shall lead implementation of the external marketing an business attraction elements of the Marketing Strategy and Plan, with supporting implementation by the COUNTY, all participating CITIES and other economic development partners. To the greatest extent practicable, the PARTNERSHIP shall coordinate its Zone external marketing activities with the EDA, which shall handle the Zone's overall internal marketing activities. 3. The PARTNERSHIP agrees to integrate the Zone program into existing and future programs, including its Strategic Plans. C The PARTNERSHIP shall contribute a monthly progress report on its Zone activities to the Zone Managerfor inclusion with the required monthly reports to the Department. 5. The PARTNERSHIP shall submit to the Zone Manager self-evaluation of aerformance of its Zone activities at least once per year for inclusion with the Zone annual report. The Economic Development Plan details how the PARTNERSHIP shall Self -evaluate its performance. Subject to oversight by the Enterprise Zone Advisory Dommittee, the PARTNERSHIP shall revise the external marketing and business attraction elements of the Comprehensive Marketing Strategy, Annual Marketing Plan and other marketing components of the Economic Development Plan in accordance vith the findings of the self-evaluation. 25 / 26 I 27 I 28 0 c 4 141 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. ARTICLE III ENTERPRISEZONE PROGRAM FINANCING The State of California, in granting the EnterpriseZone designation, does not provide funding for the implementation of the Enterprise Zone program. Funding of the Enterprise Zone program requires the commitment of all local participating jurisdictions for the duration of the enterprise zone designation (15 years). The governing body of each participating agency has approved a letter of commitment (Exhibits 1 through 7 to this Memorandum) detailing the resources being committed for the marketing and operation of the EnterpriseZone program. B. Aside from the participating agencies' staff and financial resources being -ommitted, the Zone shall generate additional revenue from a surcharge to the $10.00 `ee already required by the State for the issuance of vouchers. EEDD currently issues vouchers for the existing zone and proposes the same initial fee of $75.00 per voucher application. Of the $75.00 voucher application fee, $10.00 would go to the State and 665.00 EEDD will use to mitigate the costs to issue vouchers, recordkeeping, fee •emittance, record storage and retrieval and other direct and indirect costs associated with issuing Vouchers. With the concurrence of the Zone Advisory Committee, EEDD ;hall amend the voucher application fee as permitted by State Law and EnterpriseZone legulations. I k. ARTICLE IV CITIESAND COUNTY OVERSIGHT An EnterpriseZone Advisory Committee comprised of the Zone Manager, and Designees from the COUNTY, the five participating CITIES, EEDD, the San Joaquin 'artnership and other stakeholders, as needed, shall review ongoing program activities tnd make policy recommendations. The Committee shall oversee self-evaluation of the _one's Economic Development Plan, among other functions. The Committee shall hold Lt least one Zone self-evaluation meeting per year in order to assess progress in 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attaining performance benchmarks and other goals and, as necessary, revise Economi Development Plan strategies. 3. The CITIES, the PARTNERSHIP,the COUNTYZone Coordinatorand EEDD ;hall assist the Zone Manager in the preparation of monthly, annual and other reports ,equired by the State of California by providing the Zone Managerwith monthly accountings of Zone -related activities and performance. The Zone Manager shall submit all reports to the Department. The Zone Manager shall provide copies of all ,eports submitted to the Department to the City Zone Coordinators, the President and CEO of the PARTNERSHIP, the COUNTY Zone Coordinator and the EEDD 4dministrator. 2. Each participating CITY has the responsibilityto ensure that all aspects of the nterprise Zone comply with State Law for transactions occurring in the respective ncorporatedjurisdictions of each participating CITY. The COUNTY has the -esponsibility to ensure that all aspects of the Enterprise Zone comply with State Law or transactions occurring in the unincorporated area of the COUNTY. N WITNESS WHEREOF, parties hereto have executed this MOU in San Joaquin I ounty, State of California, on the date set forth above. I 1 1 r I 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF SAN JOAQUIN, a Political Subdivision of the State of California ("COUNTY) Chairman Board of Supervisors ATTEST: Clerk to the Board of Supervisors By: APPROVED AS TO LEGAL FORM: County Counsel By: CITY OF LODI, a Municipal Corporation of the State of California Bv: Mayor CITY OF LODI APPROVED AS TO LEGAL FORM: City Attorney CITY OF LODI By: ATTEST: Clerk to the City of LODI Im D CITY OF LATHROP, a Municipal Corporation of the State of California By: Mayor CITY OF LATHROP APPROVED AS TO LEGAL FORM: City Attorney CITY OF LATHROP By: ATTEST: Clerk to the City of LATHROP 0 CITY OF MANTECA, a Municipal Corporation of the State of California By: Mayor CITY OF MANTECA APPROVED AS TO LEGAL FORM: City Attorney CITY OF MANTECA By: ATTEST: Clerk to the City of MANTECA M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF STOCKTON, a Municipal Corporation of the State of California By: Mayor CITY OF STOCKTON APPROVED AS TO LEGAL FORM: City Attorney CITY OF STOCKTON ATTEST: Clerk to the City of STOCKTON RM SAN JOAQUIN PARTNERSHIP By: Michael E. Locke, President & CEO, SAN JOAQUIN PARTNERSHIP CITY OF TRACY, a Municipal Corvoration of the State of California Bv: Mayor CITY OF TRACY APPROVED AS TO LEGAL FORM: City Attorney CITY OF TRACY 0 ATTEST: Clerk to the City of TRACY By: On following pages: EXHIBITS 1 — 7 Letters of Commitment TO BE ATTACHED AFTER APPROVAL BY EACH PUBLIC ENTITY/ORGANIZATION Exhibit 1: Letter of Commitmentfrom County Exhibits 2-6: Letters of Commitmentfrom Cities Exhibit 7: Letter of Commitmentfrom San Joaquin Partnership 10 CITY COUNCIL BOB JOHNSON, Mayor CITY OF L O D I JOANNE MOUNCE, Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET LARRY D. HANSEN P.O. BOX 3006 SUSAN HITCHCOCK LODI. CALIFORNIA 95241-1910 PHILKATZAKIAN (209) 333-6702 / FAX (209) 333-6807 www.lodi.00v cityclerk@lodi.gov November 8,2007 Mr. Frank Luera, Interim Manager Enterprise Zone Program California Departmentof Housing and Community Development 1800 Third Street, Suite 390 Sacramento, CA 95814 BLAIR KING, City Manager RAND] JOHL, City Clerk D. STEPHEN SCHWABAUER City Attorney RE: LETTER OF COMMITMENTTO SAN JOAQUIN COUNTY ENTERPRISEZONE The City of Lodi (hereinafter "City") is a general law city incorporated under California law. The City has jurisdiction over a portion of the proposed San Joaquin Valley Enterprise Zone (hereinafter "Zone") and has heretofore resolved to be an applicant for the Zone. The City is separately entering into a Memorandum of Understanding that defines the respective roles of the participating cities, the County of San Joaquin, and other Zone program participants. This Letter of Commitment contains specific commitments that the City will make solely to the designation, implementation, and operation of the proposedZone. Commitments of Staff Time The City commits two staff members to the Enterprise Zone project. Ifthe Zone's application is successful, the City will hire a new Economic Development Coordinator and will dedicate 35% of his or her time to the project at an annual value of approximately $37,000, including $28,000 in salary and $9,000 in benefits. He or she shall be the Zone managerfor the City of Lodi. His or her tasks to be completed in support of the Zone will be to conduct marketing for the Zone and to undertake business expansion, attraction, and retention activities for the Zone. This will be a new position. The City Manager will have the discretion to designate a staff liaison to fast-track economic development projects within the Zone. Second, Rob Lechner, Manager of Customer Services and Programs with Lodi Electric Utility, will dedicate 20% of his time to the project at an annual value of $26,000, including $19,000 in salary and $7,000 in benefits. His tasks to be completed in support of the Zone will be the Lodi Electric Utility's key account representative assigned to businesses locatedwithin the Enterprise Zone. II. Commitments of Other Services and Suu 1g ies The City also commits the following to the Zone program: San Joaauin County Enterprise Zone: The City commits $23,024 peryear tr) the San Joaquin County Enterprise Zone for zone administration, job development, and marketing. San Joaauin Partnership Dues: The City commits $35,000 per year to the San Joaquin Partnership for Zone marketing and business attraction. Professional Consultant Services: The City is currently committing $250,000 for professional consultant services toward the creation of a Redevelopment Project Area that will includethe EnterpriseZone. Other Advertising & Marketing: The City commits an annual value of $125,000 to fund a broad range of business and marketing organizations including the Downtown Lodi Business Partnership, the Lodi Conferenceand Visitors Bureau, and the Lodi Chamber of Commerce that promote the region, including the EnterpriseZone. Office Egu_icmeet & Maintenance: The City commits an annual value of $1,500 to office equipment and maintenance. Such value representsthe portion of City computer systems, telephones, and fax and copy machines devoted to Zone affairs. O2'f z c e --The City commits an annual value of $20,000 to office supplies. Such value represents the cost of paper, stationery, envelopes, and other supplies consumed for Zone affairs. Telecommunications: The City commits an annual value of $1,500 to cover telephone and internet expenses related to Zone affairs. Eliaibilitv for Solar Rebates: The City has committed $6 million over ten years in rebates for solar energy projects. Businesses within the EnterpriseZone will be eligible for rebates. Reduced Electricity Rates: The Lodi Electric Utility's rates for industrial users is, on average, 30% less than the adjacent investor-owned utility and is availableto businesses locating within the EnterpriseZone. III. Total Contributions The total direct annual value of the contributions of the City of Lodi to the Zone shall be $144,024. Additionally, the City of Lodi is currently committing $375,000 for consultant services and marketing for regional benefitthat includes the EnterpriseZone. The City of Lodi acknowledges that its direct commitment is an annual commitment for the life of the Zone. The City Council of the City of Lodi has approved this Letter of Commitment as an attachment to a Resolution. The City Manager is directed to transmit this Letter of Commitment with the EnterpriseZone application. Sincerely, Bob Johnson Mayor, City of Lodi sJrh N;1AdniinistrationN=RWounciACORRESPgX TERSUmterprisezone.doe