HomeMy WebLinkAboutReso 2014-190 RESOLUTION NO. 2014-190
Successor.4genn•Resolution A'o. 201a-008
RESOLUTIO?�' OF THE CITY COUI�'CIL OF THE CITY OF
CHULA VISTA AND THE SUCCESSOR AGEI�'Cl' TO THE
REDE\'ELOPMEN7 AGENCY OF THE CIT1' OF CHUL.A
VISTA APPRO\'[i�'G A CRA .ADVANCE FUT�'DING
AGREEMEI�TT BETV�'EEN THE CITY AND ROHR. II�'C.
OPERATING AS GOODRICH AEROSTRUCTLiRES AI�'D
APPROPRIATII�'G �2�0.000 TO THE 07'HER E�PENSES
CATEGORY OF THE NO?v-DEPARTMEI�'TAL BUDGET
ll'HEREAS, Rohr is the ou�ner of cenain real propem� located on the Chula Vista
Ba}�front (Ba�•front) upon «�hich Rohr operates an aircrafr manufacturine plant; and
WHEREAS; the Successor Agenc�� to the Redevelopment Aaency of the City of Chula
Vista (Aoencv) and City are committed to the rede��elopment of the Bayfront pursuant to the
Chula Vista Bavfront Master Plan (CVBMP): and
WHEREAS; a key component of the CVBMP is a proposed exchanee of land ow�ned b�
the San Diego Unified Port District (Port) commonly l:nowm as Pazcels HP-5; H-13, H-14 and H-
1� (the "Eachange Propem�`)_ for propem o�med b}� Pacifica; a private de��eloper, which
intends to rede��elop the Ezchange Property; and
�'HEREAS; portions of the Exchange Property formerl}� oHmed by Rohr must be
remediated before the exchanee transaction can proceed; and
���HEREAS, the Aeenc��, Citv, Rohr and the Port are parties to that certain Relocation
Agreement, dated Julv 13; 1999; as amended by the Amendment to Relocation Agreement; dated
November 1. 1999. and the Second Amendment to Relocation A¢reement. dated Februarv 2.
2010, and the Third Amendment to Relocation Agreement; dated October 7, 20li (collectiveh�
the "Relocation Agreemenr`). ���hich, among other thines; allocates costs and responsibilities
ben��een Rohr and the Pon for en��ironmental contamination and remediation of certain
properties on the Ba}�front. includine portions of the Exchan�e Propert}; and
VJHEREAS, on April 20; 2010, Rohr and the Agency entered into a Cooperative
Remediation Agreement under ��fiich: among other thinas; (1) Rohr agreed to prepare, submit to
the Resional Vdater Qualin� Control Board (Rl�'QCB), and implement a Remedial Action Plan
for remediation of cenain Bavfront properties; includine portions of the Exchange Property; and
(2) the Agency a�reed to provide financial support, in the form of annual pa��ments, to Rohr for
the de��elopment and implementation of the Remedial Action Plan and other related purposes;
and
WHEREAS; the Cooperative Remediation Agreement calls for the next annual payment.
in the amount of�2�0,000_ to be paid to Rohr on Julv 31, 201� (the "201� CRA Payment"); and
Resolution No. 2014-]90
S.A Resohaion A'o. ?O1-0-006
Page No. 2
WHEREAS. a dispute has arisen between the Port and Rohr concerning their relati�-e
financial responsibilin for the costs of investigation and remediation activities on Pazcel HP-�
(collectiveh�, "Outstanding Remediation Costs"); and
WHEREAS; in the spirit of cooperation and in the interests of allowing the investieation
and remediation of HP-� to move forward eapeditiously, the Port and Rohr have agreed to a
�0/50 interim allocation of such costs, up to a total of$1,000,000; and
WHEREAS, the City has aareed to advance to Rohr the amount of the 2015 CRA
Payment to be applied to�;�ard Rohr's 50% share of the Outstanding Remediation Costs; and
WHEREAS, the Citv will be repaid by Rohr within thirty days of the pa}�ment by the
Agency to Rohr of the 2015 CRA pa��ment; and
WHEREAS, contemporaneously ��ith execution of this CRA Advance Fundine
Aereement Rohr and the Port aze entering into an Interim Cost Allocation Agreement
conceming the �0/�0 interim allocation of the Outstanding Remediation Costs between Rohr and
the Port.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
and the Board of the Successor Agency to the Redevelopment Agency of the Cit}� of Chula
Vista. that the}� hereby approve the CRA Advance Funding Agreement. between the City,
Agencv and Rohr, Inc.. operating as Goodrich Aerostructures, in the form presented, 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 authorize and direct the Mayor to execute
same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
hereby appropriate $2�0,000 to the Non-Departmental Other Expenses budget to be offset b}�
unanticipated revenues.
Presented by Approved as to form by
�-- � `
Kell�� rou�hton. FASLA Glen R�Googins
Development Services Director ity Att ey
Resolution No. 2014-190
S9 Resolurion A'o. ?01�-008
Pase No. 3
PASSED. .APPROVED. and .ADOPTED b.� the Cirv Council of the Cit�� of Chula Vista_
California this 28th dav of October 2014 bv the followine vote:
.Al'ES: Councilmembers: Aeuilaz. Bensoussan. Ramirez. Salas and Cox
N.AI'S: Councilmembers: None
.4BSEI�'T: Councilmembers: None
Chervl Cox. Ma�or
ATTEST:
� � '
Donna R. Norris. MC. it���Clerk
STATE OF CALIFORI�'IA )
COUI�TTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Norris. Cirv Clerk of Chula Vista. Califomia. do herebvi certifi� that the foreaoins
Resolution No. 2014-190 ��as dulv passed. appro��ed, and adopted by the Citv Counci] at a
regulaz meetine of the Chula Vista Citv Council held on the 28th da�� of October 2014.
Executed this 28th dav of October 2014.
Donna R. T�'orris. CMC. itv Clerk