HomeMy WebLinkAboutReso 2013-144RESOLUTION NO. 2013-144
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN' AMENDMENT TO THE
RELOCATION AGREEMENT WITH ROHR INDUSTRIES.
IN'C. OPERATING AS BF GOODRICH AEROSTRUCTURES
GROUP. A UNITED TECHNOLOGIES AEROSPACE
SYSTEMS COMPANY AND THE SAN DIEGO UNIFIED
PORT DISTRICT TO EXTEND THE CURRENT
ENVIRONMENTAL CONTAMINATION DISCOVERY DATE
FOR AN ADDITIONAL ] 0 YEARS. ENDING DECEMBER 30.
2024: TRANSFERRING ALL OF THE REDEVELOPMENT
AGENCY'S RIGHTS AND OBLIGATION'S UNDER THE
SUBJECT RELOCATION AGREEMENT. AS AMENDED. TO
THE CITY OF CHULA VISTA: AND CLARIFYING THE
ROLES OF THE PARTIES THERETO
WHEREAS. in 1999, the City of Chula Vista (City), Redevelopment Agency of the Ciri~
of Chula Visa (Agency) and the San Diego Unified Port District (District) entered into a
Relocation Agreement with Rohr Industries. Inc. operating as BF Goodrich Aerostructures
Group (Goodrich) for a series of land transactions that included the transfer of an uplands portion
of Goodrich's industrial campus located south of H Street (referred to as South Campus) from
Goodrich to the District. in exchange for Goodrich's tidelands portion of its campus north of H
Street: and
WHEREAS, the Relocation Agreement states that Goodrich is liable for South Campus
em~ironmental conditions that aze discovered within 1 ~ years afrer closine: and
WHEREAS. the Closine date was December 30. 1999. and as a result the discoverv_ cut-
offdate.is December 30. 2014: and
WHEREAS. the District City. Aeencv and Goodrich desire to amend the relocation
agreement to include the following:
1.) Extend the contaminant discovery date beyond the current December 30, 2014 by ten
years.
2.) Clarifi~ the authority of designated representatives.
3.) Clazify the roles of joint and independent consultants_
4.) Clarify that the District ~+RII not remove the asphalt and concrete (CAP) covering the
site earlier than reasonabh~ necessary to allow development (including. without
limitation. installation of infrastructure) to proceed in accordance with the approved
development plans consistent with the Chula Vista Bayfront Master Plan, and
~.) Transfer the roles and responsibilities of the former Redevelopment Agency to the
Ciri~.
Resolution No. ?013-144
Page No. 2
WHEREAS, extending the 2014 date for ten years will benefit the District by allowing
additional time for environmental testing; and
WHEREAS, the District's demolition time frame will not be driven by the current
discovery cut-off date and allows cleanup to be tailored to the future development of the site; and
WHEREAS, the amendment will clarify the authority of the parties representatives, the
roles of consultants, and transfer the roles and responsibilities of the former Redevelopment
Agency to the City.
NOW, THEREFORE; BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approve the amendment to the Relocation Agreement with Rohr Industries, Inc.
operating as BF Goodrich Aerostructures Group, A United Technologies Aerospace Systems
Company and the San Diego Unified Port District to extend the current environmental discovery
date for an additional 10 years, ending December 30, 2024; transfer all of the Redevelopment
Agency's rights and obligations under the subject Relocation Agreement, as amended, to the
City of Chula Vista; and clarify the roles of the parties thereto, in the form presented. as may
have been modified by the City Council prior to its approval and with such minor modifications
as may be required or approved by the City Attorney, a copy of which shall be kept on file in the
Office of the City Clerk, and hereby authorizing the Mayor to execute the same.
Presented
Kelly @'$roughton, FASLA
Director of Development Services
Approved as to form by
Glen oogi s
Ci Ariorne
Resolution No. 2013-144
Page No. 3
PASSED. APPROVED. and ADOPTED by the City Council of the City of Chula Vista
California, this 23rd day of July 2013 by the following vote:
AYES: Councilmembers: Aguilar. Bensoussan, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Ramirez
ATTEST:
~~ ~ d~~
Donna R. Noms.'CA4C. City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN' DIEGO
CITY OF CHULA VISTA
Y
Chen~l Cox. vor
I. Donna R. Noms. City Clerk of Chula Vista. California. do hereby certifi~ that the foregoing
Resolution No. ZOL3-144 was duly passed; approved; and adopted by the City Council at a
regular meeting of the Chula Vista Cih~ Council held on the 23rd day of July 2013.
Executed this 23rd day of July 2013.
Donna R. Noms. CMC. Cit`~ Clerk