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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />21 <br />22 <br />23 <br />WHEREAS, the County has determined that the public infrastructure identified in the <br />MOU is necessary to comply with the mitigation requirements of the EIR; and <br />WHEREAS, from the inception of the County Medical Center the County has <br />consistently acted as lead agency for all environmental review under the provisions of CEQA <br />and is continuing to do so; and <br />WHEREAS, under the provisions of the MOU the City is to act as the "lead agency" <br />solely for purposes of physical construction of the public infrastructure required under the <br />provisions of the EIR and not for purposes of compliance with CEQA; and <br />WHEREAS, on May 2, 1995, the City Council approved a MOU with the County (which <br />is attached hereto as Exhibit A) to assure that the identified environmental effects of the Medical <br />Center are properly mitigated and that the cost of such mitigation is fully advanced by the <br />County subject to reimbursement to the extent that such reimbursement may be made from <br />subsequent development impact fees that may be reasonably imposed by the City in accord with <br />California law; and <br />WHEREAS, the MOU creates no indebtedness on the part of City to County that is <br />repayable from the City's general fund revenues; and <br />WHEREAS, in an abundance of caution, and in accord with the provisions of Section <br />XIII of the MOU, the County has, subsequent to the City's approval of the MOU, processed the <br />MOU under CEQA, and has circulated an Initial Study, and on June 27, 1995 considered and <br />approved a Negative Declaration and filed a Notice of Determination (collectively the CEQA <br />documents which are attached hereto as Exhibit B and incorporated herein by reference), <br />2 <br />