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HomeMy WebLinkAboutRDA Packet 2005/11/22 I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted thist r I document on the bulletin board accordi~ 1 f ~ own Aclt requirements. . :.~..,; IVt~/bS Signed~~~~ CllY OF CHULA VISTA Stephen C. Padilla, Chair Patty Davis, Agency Member David D. Rowlands, Jr., Executive Director John McCann, Agency Member Ann Moore, Agency Counsel Jerry R. Rindone, Agency Member Susan Bigelow, City Clerk Steve Castaneda, Agency Member SPECIAL MEETING Notice is hereby given that the Chair of the Redevelopment Agency of the City of Chula Vista has called aud will conveue a Special Meeting of the Redevelopment Agency on Tuesday, November 22, 2005 following the City Council Meeting at 6:00 p.m. to be held in the Council Chambers, located in the Public Services Building at 276 Fourth Avenue, Chula Vista, California to consider the items on this agenda. November 22, 2005 6:00 P.M. (Immediately following the City Council Meeting) Council Chambers Public Services Building 276 Fourth Avenue CALL TO ORDER ROLL CALL: Agency Members Castaneda, Davis, McCann, Rindone, and Chair Padilla CONSENT CALENDAR (Items 1 through 2) The Agency will enact the Consent Calendar staff recommendations by one motion, without discussion, unless an Agency Member, a member of the public, or City staff requests that an item be removed for discussion. lfyou wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediateZv following the Consent Calendar, 1. APPROV AL OF MINUTES of Adjourned Regular Meetings of the City Council and Redevelopment Agency, meeting concurrently with the Board of Port Commissioners, held August 9, 2005; Adjourned Regular Meetings of the City Council and Redevelopment Agency held August 9, 2005; Adjourned Regular Meetings of the City Council and Redevelopment Agency and Special Meeting of the Housing Authority held August 23, 2005; and Adjourned Regular Meetings of the City Council and Redevelopment Agency held September 13,2005. Staff recommendation: Agency approve the minutes. 2 A. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $960,260 FROM THE A V AILABLE BALANCE OF THE MERGED PROJECT AREA FUND AS A LOAN REPAYMENT TO THE BAYFRONT/TOWN CENTRE I FUND (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $960,260 FROM THE BA YFRONT/TOWN CENTRE I FUND TO PAY THE RELOCATION INST A LLMENT PAYMENTS DUE BFGOODRICH AEROSPACE AEROSTRUCTURES GROUP FOR THE PERIOD JANUARY 15, 2000 TO JANUARY IS, 2005, AND FOR THE INSTALLMENT PAYMENT DUE ON JANUARY 15, 2006, CONSISTENT WITH THE RELOCATION AGREEMENT ENTERED INTO WITH BFGOODRICH AEROSPACE AEROSTRUCTURES (4/5THS VOTE REQUIRED) In 1999, the Redevelopment Agency, the City of Chula Vista, the San Diego Unified Port District, and Rohr, Inc., operating as BFGoodrich Aerospace Aerostructures Group (BFG), entered into a relocation agreement. The agreement set forth, among other things, the terms of the relocation of BPG's facilities from its prior campus in the Bayfront Redevelopment Project Area. Pursuant to the agreement, the Agency agreed to provide financial assistance to BFG in connection with the relocation of its facilities. Staff has determined the total financial assistance owed to BFG to be $1,708,065, to be paid in installments. (Director of Community Development) Staff recommendation: Agency adopt the resolution. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 3. CITY MANAGER/DIRECTOR'S REPORTS 4. MA YOR/CHAIR'S REPORTS 5. COUNCIL/AGENCY MEMBER'S COMMENTS Page 2 ROA Agenda http:// www.chulavistaca.gov November 22, 2005 ADJOURNMENT to the Regular Meeting of December 6, 2005, at 4:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend. and/or participate in a City meeting, activity. or service request such accommodation at least forty-eight hours in advance for meetings and jive days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the lJeaf(TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 3 RDA Agenda http://www.chulavistaca.gov November 22, 2005 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MEETING, CONCURRENT WITH A MEETING OF THE BOARD OF PORT COMMISSIONERS OF THE SAN DIEGO UNIFIED PORT DISTRICT August 9, 2005 4:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista, meeting concurrently with the San Diego Unified Port District Board of Commissioners, were called to order at 4: 18 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councihnembers: Castaneda, McCann, Rindone, and ChairlMayor Padilla Port Commissioners: Bixler, Rios, Spane (Vice Chair), Valderrama, and Chair Hall ABSENT: Agency/Councilmembers: Port Commissioners: Davis Cushman (excused), Vilaplana (excused) ALSO PRESENT: Executive Director/City Manager Rowlands, City Attorney Moore, Assistant City Clerk Norris, Port President Hollingsworth, and Assistant Port Attorney Born PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE ORAL COMMUNICATIONS Steve Molski commended Pat Aguilar on a recent newspaper article and expressed his view that the project on Fourth Avenue should not be over seven stories. In regards to making decisions about the bayfront or high-rise units, he urged Councihnembers to remember that they represent the people. ACTION ITEM 1. PRESENTATION ON THE CHULA VISTA BAYFRONT MASTER PLAN COMPONENTS AND FINANCIAL ANALYSIS Conclusion of Phase II collaboration with the Citizens Advisory Committee and the public and presentation of the master plan components, including proposed uses, density and height ranges, and the financial analysis. (Director of Community Development) Community Development Director Madigan introduced the following planning team members for the Chula Vista Bayfront Master Plan: Randy Morton, Cooper Robertson & Partners; Richard Williams, Economics Research Associates; Michael Johnson, Carrier Johnson; and Ralph Hicks, Port of San Diego. Randy Morton presented a visual overview of the Bayfront Master Plan. Page 1 - CounciVRDA/Port Minutes //1- , August 9, 2005 ACTION ITEM (Continued) Richard Williams presented the financial analysis of the plan. Michael Johnson presented the framework for residential development for the project. Ralph Hicks presented components of the plan to be included in the Environmental Impact Report and also discussed the proposed alternatives for a resort conference center. The following individuals addressed the Council/Agency/Board with varying viewpoints regarding the Bayfront Master Plan: Lisa Moctezuma, representing the Chula Vista Downtown Business Association Nick Aguilar, representing the San Diego County Board of Education Ian Gill, representing the Chula Vista Bayfront Citizens Advisory Committee (CAe) Laura Hunter, representing the Environmental Health Coalition Georgette Gomez and Sonja Rodriquez, representing the Environmental Health Coalition Allison Rolfe, representing San Diego Baykeeper Jackie McQuade Aileen Price, representing The Committee to Protect Affordable Housing in Chula Vista Richard Campbell, representing Pacifica Linda Gilgun Steve Molski Bruce Warren, representing Citizens Coordinate for Century 3 Peter Watry Fran Rowe Carol Smith, representing Crossroads Josie Hamoda Theresa Acerro Jim Peugh, representing the San Diego Audobon Society Joel Ramos, representing the Center on Policy Initiatives Mariana Lopez Jennifer Badgley, representing San Diego Labor Council Lynne Baker, representing Citizens Coordinate for Century 3 Patricia Aguilar, representing Crossroads II Jim Peterson Jack Blakely, representing Chula Vista Downtown Business Association William Clayco, representing Save Our Bay Inc. Chris Lewis, representing the Chula Vista Chamber of Commerce Dr. Emerald Randolph, representing the Chula Vista CAC Richard Wall, representing the Chula Vista Yacht Club. Several speakers expressed concern regarding the range of analysis for residential units and spoke in support of the majority vote by the CAC members for an analysis of between 1,000 and 2,000 residential units. Some speakers also raised concerns regarding building heights that may potentially obstruct breezes, views, and bird migrations. Other speakers supported higher density development, as they felt it would provide lower per- unit costs and reduced traffic and environmental impacts, as well as attract businesses to come to Chula Vista. Page 2 - CouncilJRDAlPort Minutes i ff-d- August 9, 2005 ACTION ITEM (Continued) Nick Aguilar, representing the San Diego County Board of Education, supported the proposal to site an aquarium in Chula Vista, stating that doing so would provide a critical connection between South County and Scripps Institution of Oceanography educational programs and research activities. He suggested that the aquarium be placed near the Nature Center. Jennifer Badgley, representing the San Diego Labor Council, stated that it was important to consider wages and benefits for working people in the development of the bayfront and to use area-standard wages. Patricia Aguilar, representing Crossroads II, expressed excitement about the prospect of a Gaylord-like facility for the baytront. She explained that the CAC discussed the residential component of the project at several meetings, and the majority voted to analyze between 1,000 and 2,000 residential units for the EIR. She added that an independent financial analysis, conducted by a reputable economic firm, indicated that 1,500 units would be fmancially feasible and result in acceptable profit for the developer. Laura Hunter, representing Environmental Health Coalition, submitted an outline of the Coalition's positions and recommendations, as follows: . Opposed to the staff recommendation for analysis of2,400 residential units. . In support of CAC majority recommendation to analyze a range of residential units trom 1,000 to 2,000 in a land trade option. . Opposed to any project that locates residential uses on the Sweetwater District. . Suggestion for a planning guideline requiring all buildings over three stories to be "stepped back" and moved as far trom the shoreline as possible. . Suggestion to analyze an alternative use for the North Otay District in the event that the South Bay Power Plant is not decommissioned. . In support of CAC consensus positions to eliminate a sports arena in the event that a resort convention center is built and to relocate the yacht club to a location on the shoreline of the boat basin. Bruce Warren, representing Citizens Coordinate for Century 3, submitted a letter dated August 9, 2005, stating that: 1) a strong neighborhood needs sufficient numbers for neighborhood retailers to thrive; 2) additional density is well worth the reward of a vibrant, socioeconomic, diverse community; 3) they advocate well-designed, mixed-use, higher buildings at various heights, surrounded by open space. Councilmember Castaneda questioned what the City/Port District could do to make the public space work financially. Mr. Hicks replied that the financial vehicle for all issues would be handled through a joint powers agreement. Agency/Councilmember Castaneda stated that placing a finite number of units to be analyzed is fair to the public process, and he spoke in support of a 2,000-unit cap analysis. Page 3 - CouncillRDAlPort Minutes /f}-3 August 9, 2005 ACTION ITEM (Continued) Chair/Mayor Padilla spoke in support of an analysis of 1,000 to 2,000 units, expressing the importance to maintain consensus between all parties and to be respectful of the CAC process and community input. Port Chair Hall expressed the need to listen to what the citizens have asked for and to set a 2,000-unit limit for the analysis. Agency/Councilmember McCann spoke about the quality of life for residents and the need to bring a world-class facility to the bayfront. He believed that achieving a consensus between all parties involved in the process, prior to convening with the Coastal Commission and the State Lands Commission, would be beneficial for the City. Agency/Councilmember Rindone stated that the key points for the plan are economic viability, a land swap, and Coastal Commission approval. He supported placing the cap at 2,000 units and also emphasized that it is essential that all parties reach a consensus before going to the State Lands and Coastal Commissions. ACTION: Chair/Mayor Padilla moved to adopt Council Resolution No. 2005-273 and Agency Resolution No. 1922, as amended to set the range of analysis for residential units in the Environmental Impact Report at 1,000 to 2,000 units, with a maximum of 2,000 units, and that Alternative Plan B will be analyzed at an alternative level only: COUNCIL RESOLUTION NO. 2005-273 AND AGENCY RESOLUTION NO. 1922, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO PROCEED WITH THE ENVIRONMENTAL REVIEW PROCESS FOR THE CHULA VISTA BAYFRONT MASTER PLAN AND THE TWO OPTIONS FOR THE RESORT CONFERENCE CENTER SITE; AND AUTHORIZING STAFF TO ENTER INTO NEGOTIATIONS BETWEEN THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND THE PORT OF SAN DIEGO TO ADDRESS PUBLIC FINANCING AND ENTITLEMENT PROCESSING OF THE CHULA VISTA BAYFRONT MASTER PLAN THROUGH A JOINT POWERS AGREEMENT OR OTHER SUCH AGREEMENT Agency/Councilmember McCann seconded the motion, and it carried 4-0. ADJOURNMENT At 7:02 p.m., Chair/Mayor Padilla adjourned the City Council and Redevelopment Agency to their meetings noticed for August 9, 2005 at 6:00 p.m. in the Council Chambers. J~~~ Donna Norris, CMC, Assistant City Clerk Page 4 - Council/RDA/Port Minutes 1/t-1 August 9, 2005 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA August 9, 2005 6:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 7:44 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Castaneda, McCann, Rindone, and Chair/Mayor Padilla ABSENT: Agency/Councilmembers: Davis ALSO PRESENT: Executive Director/City Manager Rowlands, City Attorney Moore, and Assistant City Clerk Norris CONSENT CALENDAR 1. APPROVAL OF MINUTES - June 28, 2005; July 19, 2005; July 26,2005. Staff recommendation: Agency/Council approve the minutes. ACTION: Agency/Councilmember Rindone moved to approve the minutes as submitted. Agency/Councilmember Castaneda seconded the motion, and it carried 4-0. ORAL COMMUNICATIONS Jack Blakely reminded all present of the upcoming 9th Annual Lemon Festival on August 14th, from 10 a.m. to 5 p.m., on Third Avenue between Roosevelt and E Street. ACTION ITEMS 2. CONSIDERATION OF AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PLANNING AND REDEVELOPMENT OF CERTAIN DISTRICT PROPERTIES A joint planning agreement will obligate the City to encourage near-term development of district-owned property, converting undeveloped properties to desirable and marketable land uses. (Director of Community Development) Agency/Councilmember Rindone announced that, upon the recommendation of the City Attorney, he would abstain from discussion and voting on the item due to his employment with the Sweetwater Union High School District. He then left the dais. CounciVRDA Action Agenda August 9, 2005 113-1 ACTION ITEMS (Continued) Nick Aguilar, representing the South County Board of Education, stated that the j oint agreement would benefit the entire community. He encouraged the Agency/Council to continue negotiations to create additional school facilities on the west side of the City, including some badly-needed park space. Patricia Aguilar, representing Crossroads II, spoke in support of the collaboration between the City and school district and expressed hope that Crossroads II could work closely with City staff on the plan. ACTION: Agency/Councilmember McCann moved to adopt Council Resolution No. 2005- 278 and Agency Resolution No. 1923, heading read, text waived: COUNCIL RESOLUTION NO. 2005-278 AND AGENCY RESOLUTION NO 1923, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN ASSET UTILIZATION PROJECT NEGOTIATING AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT TO FACILITATE PLANNING AND REDEVELOPMENT OF MISCELLANEOUS DISTRICT PROPERTIES The motion carried 3-0-1, with Agency/Councilmember Rindone abstaining. Agency/Councilmember Rindone returned to the dais at 7:58 p.m. OTHER BUSINESS 3. DIRECTOR/CITY MANAGER'S REPORTS There were none. 4. CHAIRlMA YOR'S REPORTS There were none. 5. AGENCY/COUNCILMEMBER COMMENTS There were none. ADJOURNMENT At 7:58 p.m., Chair/Mayor Padilla adjourned the meeting until further notice. ~fi~ Donna Norris, CMC, Assistant City Clerk Page 2 Counci1lRDA Minutes 08/09/05 /13--~ MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA August 23, 2005 6:00 p.m. Adjourned Regular Meetings of the City Council and Redevelopment Agency and a Special Meeting of the Housing Authority were called to order at 7:21 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California ROLL CALL: PRESENT: Council/Agency/Authority Members McCann, Rindone and Mayor/Chair Padilla ABSENT: Council/Agency/Authority Members Castaneda, Davis (both excused) ALSO PRESENT: City Manager/Executive Director Rowlands, City Attorney/ Agency/Authority Counsel Moore and City Clerk Bigelow ORAL COMMUNICATION OF THE REDVELOPMENT AGENCY There were none. ACTION ITEMS 1. HOUSING AUTHORITY CONSIDERATION OF THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS AND CITY COUNCIL AND REDEVELOPMENT AGENCY CONSIDERATION OF SUBORDINATION AGREEMENTS This item concerns the issuance of additional tax-exempt bonds for the financing of the Rancho Buena Vista Apartments and the execution of related documents in substantially the form on file with the City Clerk. The City and Agency are also being asked to subordinate their loan for the development to this debt. (Community Development Director) ACTION: Council/Agency/Authority Member Rindone offered Housing Authority Resolution No. 2005-27, City Council Resolution No. 2005-284 and Redevelopment Agency Resolution No. 1924, headings read, texts waived: a. HOUSING AUTHORITY RESOLUTION NO. 2005-27, RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,715,000 FOR THE PURPOSE OF PROVIDING ADDITIONAL FINANCING FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF THE RANCHO BUENA VISTA APARTMENTS PROJECT, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF ANY AND ALL DOCUMENTS NECESSARY TO ISSUE THE BONDS AND IMPLEMENT THIS RESOLUTION /c-I ACTION ITEMS (Continued) b. CITY COUNCIL RESOLUTION NO. 2005-284 AND REDEVELOPMENT AGENCY RESOLUTION NO. 1924, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A) APPROVING SUBORDINATION AGREEMENTS FOR THE LOW AND MODERATE INCOME HOUSING SET-ASIDE FUND LOAN IN THE AMOUNT OF $1,000,000 AND THE HOME INVESTMENT PARTNERSHIP PROGRAM LOAN IN THE AMOUNT OF $500,000 SUBORDINATING THE CITY AND AGENCY LOANS TO BOTH THE 2003 AND 2005 FINANCINGS RELATED TO RANCHO BUENA VISTA APARTMENTS AND (B) AUTHORIZING THE EXECUTION OF SAID AGREEMENTS The motion carried 3-0. OTHER BUSINESS 2. DIRECTOR/CITY MANAGER'S REPORTS There were none. 3. CHAIR/MA YOR'S REPORTS There were none. 4. AGENCY/COUNCILMEMBER COMMENTS There were none. ADJOURNMENT At 7:24 p.m., Mayor/Chair Padilla adjourned the Housing Authority until further notice and the Redevelopment Agency to an adjourned meeting on September 13, 2005 at 6:00 p.m. in the Council Chambers. ( --=-- ?/.v. ~~ ~ Susan Bigelow, MMC, C2y CI~k Page 2 Council/RD AlHA Minutes 08/23/05 ;C-d--- MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA September 13, 2005 6:00 p.m. Adjourned Regular Meetings of the City Council and Redevelopment Agency of the City of Chula Vista were called to order at 7:56 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California ROLL CALL: PRESENT: Council/Agencymembers Castaneda, McCann, Rindone and Mayor/Chair Padilla ABSENT: Council/Agencymember Davis ALSO PRESENT: City Manager/Executive Director Rowlands, City Attorney Moore and City Clerk Bigelow CONSENT CALENDAR 1. COUNCIL RESOLUTION NO. 2005-316 AND REDEVELOPMENT AGENCY RESOLUTION NO. 1925, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE ASSOCIATE ACCOUNTANT, ONE ACCOUNTING TECHNICIAN AND ONE SENIOR MANAGEMENT ANALYST POSITION TO THE FINANCE DEPARTMENT AND APPROPRIATING FUNDS BASED ON UNANTICIPATED REVENUES During fiscal year 2005, the Finance Department completed its strategic business plan. Through this process, the department identified the need to add three additional positions to ensure the department will be able to continue to meet various financial reporting requirements and lay the foundation needed to achieve the long-term financial reporting goals identified in the strategic business plan. (Director of Finance/Treasurer) Staff recommendation: Council/Agency adopt the resolution. 2. COUNCIL RESOLUTION NO. 2005-317 AND REDEVELOPMENT AGENCY RESOLUTION NO. 1926, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004-2005 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY AND APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS The Council policy on financial reporting and transfer authority requires that all departments complete the fiscal year with a positive balance in each budget summary category. (Director of Finance/Treasurer) Staffrecommendation: Council/Agency adopt the resolution. Council/RDA Action Agenda August 9, 2005 jj)--j . CONSENT CALENDAR (Continued) 3. AGENCY RESOLUTION NO. 1927, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A SUBORDINATION AGREEMENT WITH THE SAN DIEGO TRUST BANK AND AUTHORIZING THE TRANSFER OF A PORTION OF THE PROPERTY AT 760 BROADWAY AVENUE WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF COMPLETION On June 10, 2003, the Agency entered into a disposition and development agreement with Carter Reese and Associates and the Bitterlin Development Corporation for the development of a mixed-use project located at 760 Broadway. The mixed-use retail component of the project is close to completion, and most of the 40 lane homes are in escrow. The developer is requesting the proposed subordination agreement and the transfer of property in order to satisfy the requirements of the lender of the buyer Of the mixed-use retail component. (Director of Community Development) Staff recommendation: Agency adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 4. DIRECTOR/CITY MANAGER'S REPORTS There were none. 5. CHAIRIMA YOR'S REPORTS There were none. 6. AGENCY/COUNCILMEMBER COMMENTS There were none. CLOSED SESSION 7. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Redevelopment Agency Executive Director Page 2 CounciJ/RDA Minutes 09113/2005 / j)-~ CLOSED SESSION (Continued) ACTION: Chair/Mayor Padilla reported that, by unanimous vote, the Redevelopment Board of Directors directed the City Manager to direct the Acting Secretary of the Chula Vista Redevelopment Corporation, Dana Smith, to immediately begin the process of providing professional staff support to research and provide the Redevelopment Agency Board with a broad and diverse list of professional executive recruiters to do a nationwide search for the position. The Agency has appointed a subcommittee, consisting of Mayor Padilla and Councilmember McCann, to work with Ms. Smith and the full board to select the recruiter. ADJOURNMENT At 8:36 p.m., Mayor/Chair Padilla adjourned the meeting to a meeting of the Redevelopment Agency on September 20,2005, at 6:00 p.m., in the Council Chambers. 2-----~~~ ~ Susan Bigelow, MMC, &'~ Clerk Page 3 Council/RDA Minutes 09/13/2005 /j)-- 3 PAGE 1, ITEM NO.: MEETING DATE: ') _/--' 11 /22/05 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: A) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $960,260 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FUND AS A LOAN REPAYMENT TO THE BAYFRONT/TOWN CENTRE I FUND B) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $960,260 FROM THE BAYFRONT/TOWN CENTRE I FUND TO PAY THE RELOCATION INSTALLMENT PAYMENTS DUE BFGOODRICH AEROSPACE AEROSTRUCTURES GROUP ("BFG") FOR THE PERIOD JANUARY 15, 2000, TO JANUARY 15, 2005, AND FOR THE INSTALLMENT PAYMENT DUE ON JANUARY 15, 2006, CONSISTENT WITH THE RELOCATION AGREEMENT ENTERED INTO WITH BFG /7_ -/ / ASSISTANT CITY MANAGER/DIR. OF COMMUNITY DEVEL7 ') .s. / , REVIEWED BY: EXECUTIVE DIRECTOR 11 ,~ p ^ 4/5TH5 VOTE: YE5 ~ NO CJ BACKGROUND In 1999, the Redevelopment Agency of the City of Chula Vista (Agency), the City of Chula Vista (City), the Son Diego Unified Port District (Port), ond Rohr, Inc., operating as BFGoodrich Aerospace Aerostructures Group (BFG), entered into a Relocation Agreement (the "Agreement"). The Agreement set forth, among other things, the terms of the relocation of BFG's facilities from its prior campus to its current campus in the Bayfront Redevelopment Project Area. Pursuant to the Agreement, the Agency ageed to provide financial assistance to BFG in connection with the relocation of BFG's facilities. Specifically, Section 5.4 of the Agreement provided that financial assistance would be paid based, in part, on the total property taxes paid by BFG on the facility and equipment investment they made during the four-year relocation period (1999-2002). The parties agreed that the maximum private investment eligible for use in calculating the amount of financial assistance to be provided to BFG would be capped at $55 million. The relocation period has ended and staff has determined the total amount of financial assistance owed to BFG to be $1,708,065, to be paid in installment payments during the period between 2005 and 2015. 2-1 . PAGE 2, ITEM NO.: :z MEETING DATE: 11/22/05 RECOMMENDATION 1. That the Redevelopment Agency appropriate $960,260 from the available balance of the Merged Proiect Area Fund as a loan repayment to the Bayfront/T own Centre I Fund. 2. That the Redevelopment Agency appropriate $960,260 from the Bayfront/T own Centre I Fund to pay the relocation installment payments due BFG for the period January 15, 2000, to January 15, 2005, and for the installment payment due on January 15, 2006, consistent with the Relocation Agreement entered into with BFG. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION In an effort to further redevelopment activities within the Bayfront Redevelopment Project Area, the Agency, City, Port, and BFG entered into a Relocation Agreement in 1999. One obligation of the Agreement was the relocation and consolidation of BFG's facilities to its current campus (New Campus) north of H Street. The relocation would allow for the extension of H Street and the consolidation of the Port's existing bayfront land holdings south of the proposed H Street extension. The Agreement documented BFG's Baard af Directors' authorization to expend approximately $45 million dollars for capital equipment for the New Campus. As a result of this anticipated additional expenditure associated with BFG's relocation, the Agency agreed to provide financial assistance to BFG. The financial assistance to be provided was to be tied to BFG's tax burden as a result of its capital investment on the New Campus. The private investment eligible for use in calculating the financial assistance to be provided was capped at $55 million. These tax reimbursement provisions, are set forth in Section 5.4 of the Relocation Agreement (see Attachment 1), and are generally summarized in the following excerpt from Section 5.4: ". . .Agency shall provide financing assistance to BFG with respect to industrial manufacturing facilities, and related offices and ancillary support facilities, and equipment newly developed, rehabilitated, or installed on the New Campus during the Relocation Period" (1999-2002). During the time since the Relocation Period ended, the County Assessor has completed its audit of BFG's business property thereby giving a full accounting of all new investment on. the New Campus. The City and BFG have also completed an assessment of the financial assistance due under Section 5.4 of the Relocation Agreement. The actual assessed valuation and associated property taxes for purposes of calculating the reimbursement under the terms of the Agreement has been determined to be less than that contemplated by the Agreement thereby reducing the terms of the annual installments from 24 years to 15 years. The total financial assistance due is $1,708,065. Current installment payments 'due total $960,260, including $775,724 due for the period January 15, 2000, to January 15, 2005, and 2-2 PAGE 3, ITEM NO.: MEETING DATE: :;L 11/22/05 $184,536 for the installment payment due on January 15, 2006. The remaining installment payments (2007 to 2014) totaling $747,805 will be included as part of the annual budget process for Council consideration for each respective fiscal year. The remaining installment payments will be made in accordance with the Relocation Agreement, which state that payments are due on or before January 15 of each year through 2014. The BFG Relocation Assistance Payment Table details the remaining scheduled installment payments (see Attachment 2). FISCAL IMPACT The fiscal impact to the Merged Project Area Fund will be $960,260 due to the loan repayment to the Bayfront/Town Centre I Fund. The remaining outstanding loon from the Bayfront/Town Centre I Fund to the Merged Project Area Fund will be $4.9 million after the loan repayment of $960,260. There is no impact to the General Fund. The annual fiscal impact to the Bayfront/Town Centre I Fund from 2007 to 2014 is noted in the attached schedule and reflects the scheduled payments due to Goodrich Aerostructures Group. ATTACHMENTS 1. Excerpt from the Relocation Agreement, Section 5.4 2. BFG Relocation Assistance Payment Table 2-3 EXCERPT FROM THE RELOCATION AGREEMENT by and among City of Chula Vista Redevelopment Agency of the city of Chula Vista San Diego Unified Port District and Rohr, Inc. Operating as BFGoodrich Aerospace Aerostructures Group 5.4 New Campus Industrial Financing Assistance. BFG currently expects to spend approximately $50 million in capital investment on the New Campus. Its Board of Directors has authorized approximately $45 million for capital expenditures on the New Campus. In connection therewith, subject to the terms and conditions set forth in this Section, in addition to the Transfer Payments to be made by Port and BFG, Agency shall provide financing assistance to BFG with respect to industrial manufacturing facilities, and related offices and ancillary support facilities, and equipment newly developed, rehabilitated, or installed on the New Campus during the Relocation Period ("New Campus Industrial Financing Assistance"). 5.4.1 Annual Installments. The New Campus Industrial Financing Assistance shall be comprised of cash payments delivered to BFG in annual installments (each an "Installment, " collectively "Installments"). Installments shall be due and payable on January 15th of each year beginning with the first January 15th following the Closing Date (estimated to be January 15, 2000), and ending with January 15, 2025 (each an "Installment Payment Date''). Agency shall have no obligation to make Installment payments after January 15, 2025. 5.4.2 Relocation Period Payments. Installments due and payable to BFG on Installment Payment Dates be..ginning with January IS, 2000, through January 15, 2003, respectively shall be determined based upon property tax information derived trom the immediately preceding County fiscal year (July I through June 30) ("Fiscal Year''). The amount due and payable shall be equal to the positive difference, if any, between (a) the amount of property taxes paid by BFG to all taxing agencies with respect to the New Campus for the immediately preceding Fiscal Year; and (b) the sum of one percent (I %) of the County Assessor's valuation of (i) real and personal property located on the New Campus as of the first day after the Closing Date, plus two percent (2%) per year with respect to such real property; (ii) South Campus equipment and facilities that have been relocated to the New Campus as of June 30 of the immediately preceding Fiscal Year; and (iii) any real property contemplated as being part of the New Campus by this Agreement that is acquired by BFG after the Closing Date by on or before June 30 of the immediately preceding Fiscal Year. For partial Fiscal Year 1999/2000 the above calculations shall be modified by multiplying each figure within the calculation by a traction determined by dividing the number of days within the period trom the Closing Date to June 30, 2000, by three hundred sixty-five (365). ATTACHMENT 1 2-4 5.4.3 Post-Relocation Period Payments. Installments due and payable to BFG on Installment Payment Dates beginning on January 15, 2004 through January 15, 2025 shall be equal to the positive difference, if any, between (a) the amount of property taxes paid by BFG to all taxing agencies with respect to the New Campus for Fiscal Year 2002/2003; and (b) the sum of one percent (1 %) of the County Assessor's valuation of (i) real and personal property located on the New Campus as of the first day after the Closing Date plus two percent (2%) per year with respect to such real property; (ii) South Campus equipment and facilities that have been relocated to the new Campus as of June 30, 2003; and (iii) any real property contemplated as being part of the New Campus by this Agreement that is acquired by BFG after the Closing Date by on or before June 30, 2003. Installment payments calculated under this Section 5.4.3 shall be subject to adjustments in accordance with the terms and conditions of Sections 5.4.6 and 5.4.7, below. . 5.4.4 Port Contribution. In the event that property tax revenues actually received by the Agency from the New Campus and South Campus, less amounts required to be set-aside and used for low and moderate income housing pursuant to California Health and Safety Code Section 33334.2 (the "Low Income Set-Aside") for any Fiscal Year co=encing with Fiscal Year 1999/2000 .and ending with Fiscal Year 2009/2010 ("Combined Campus Available Revenues'') do not exceed the Agency property tax revenues actually received from the New Campus and South Campus for Fiscal Year 1998/1999 ("Combined Campus Base Revenues'') by an amount equal to or greater than the Installment payment due and payable to BFG with respect to such Fiscal Year as determined under Section 5.4.2 and 5.4.3, above ("Installment Amount Due''), the Port agrees to loan to the Agency, upon Agency request, an amount equal to the amount by which the Installment Amount Due exceeds the positive difference between the Combined Campus Available Revenues for such Fiscal Year and the Combined Campus Base Revenues ("Port Loan''). Agency's obligation to pay to BFG any portion of an Installment Amount Due with respect to which the Agency has requested a Port Loan pursuant to the terms of this Section shall be contingent upon Port payment to the Agency of such Port Loan proceeds. . 5.4.5 Port Loan Repayment. Port Loan amounts shall accrue interest annually at the Port's pooled interest rate adjusted quarterly trom the date of payment to BFG of the relevant Installment Amount Due, until repaid. The Agency shall be obligated to repay the Port Loans in a maximum of ten (10) annual installments commencing January 15, 2010, through January 15, 2019. Agency's Port Loan repayment obligation in each year shall be an amount equal to the lesser of (a) the positive difference, if any, between (i) the Combined Campus Available Revenues for the preceding Fiscal Year, less Agency's Installment obligation to BFG with respect to such Fiscal Year, and Combined Campus Agency Base Revenues, and (b) twenty percent (20%) of the then-outstanding Port Loan balance. Notwithstanding the foregoing, in the event that during Fiscal Years 1999/2000 through 2009/2010 the Agency incurs an "Accrued Surplus Balance" (defined in Section 5.4.6, below), regardless of whether or not such Accrued Surplus Balance has been spent by the Agency, such amounts shall be . 2-5 deemed a credit balance "available" for use for timely payments of annual installments on the Port Loan on up to 20% of the then-outstanding Port Loan balance, until the "credit balance" is exhausted. Unless otherwise approved by the Port, Combined Campus Available Revenues shall be used to satisfy this Port Loan repayment obligation as a priority to all other uses or obligations, excluding, however, Agency obligations to pay debt service with respect to existing or refunded BayfrontJTown Centre I Project Area tax allocation bonds and certificates of participation. Any partial payments of the Port Loan shall be credited first to accrued interest and then to principal. In the event that the Port Loan is not fully repaid in accordance with the t=s of this Section with the last installment due on January IS, 2019 any remaining Port Loan balance shall be forgiven. At City/Agency's election, repaid amounts shall be contributed towards the H Street Extension capital improvement project or another joint Port and City/Agency project agreed to by the parties. 5.4.6 Payments to BFG Starting in Fiscal Year 2010/2011 Limited to Actual Receipts. If after subtracting any required Port Loan repayment required in accordance with Section 5.4.5, the remaining Combined Campus Available Revenues for any Fiscal Year co=encing with Fiscal Year 2010/20ll and ending with Fiscal Year 2023/2024 do not equal or exceed Combined Campus Agency Base Revenues by an amount equal to or greater than the Installment Amount Due, an amount equal to the amount by which the Installment Amount Due exceeds the positive difference between the remaining Combined Campus Available Revenues for such Fiscal Year and the Combined Campus Agency Base Revenues ("Deferred Obligation") shall not be immediately due and payable, but shall be paid, plus interest at the rate of six and three- fourths percent (6.75%) per annum, out of first available future Combined Campus Available Revenues. Future Combined Campus Available Revenues shall be used to repay the Deferred Obligations in priority to all other uses or obligations, excluding, however, Agency obligations to pay debt service with respect to existing or refunded BayfrontJTown Centre I Project Area tax allocation bonds and certificates of participation, and Agency obligations to repay the Port Loan pursuant to Section 5.4.5, above. Any partial payments of Deferred Obligations shall be credited first to accrued' interest and then to principal. In the e.vent that any Deferred Obligations are not fully repaid pursuant to the terms of this Section with the last installment due and payable on January 15, 2025, any remaining Deferred Obligation amounts shall be forgiven. Notwithstanding the foregoing, no Installment amount otherwise due shall be deferred hereunder in the event that there are surplus Combined Campus Available Revenues, from previous Fiscal Years which were not required to be used by Agency for purposes of making previous Installment payments to BFG under Sections 5.4.2 and 5.4.3, above, or Port Loan payments under Section 5.4.5, above (collectively, "Accrued Surplus Balance"). Rather, regardless of whether or not such Accrued Surplus Balance has been spent by the Agency, such amounts shall be deemed a credit balance "available" for use for timely payments of Installments due to BFG, until the credit balance, if any, is exhausted. 2-6 . 5.4.7 Adjustments and Maximum Payment. If in any Fiscal Year from 2005/2006 through 2023/2024 with respect to which an Installment payment is due and payable, Agency Property Tax Revenues from the New Campus fall below an amount equal to Agency Property Tax Revenues in Fiscal Year 2004/2005 from the New Campus, then the Installment amount otherwise due and payable to BFG shall be reduced by an amount equal to the positive difference between Agency Property Tax Revenues in Fiscal Year 2004/2005 and the amount of Agency Property Tax Revenues received for such Fiscal Year. The parties agree that the maximum Installment Payment calculated under Section 5.4.3 shall not exceed an amount calculated based upon a maximum taxable investment m mdustnal manutactunng taC1l1tles, and related offices and ancillary support facilities, and equipment newly developed, rehabilitated, or installed on the New Campus during the Relocation Period of $55 million ("Maximum Taxable Investment"). The Agency's current estimate for the maximum Installment Amount based upon the Maximum Taxable Investment is $459,700. 5.4.8 In General. For purposes of Sections 5.4.1 through 5.4.7, above, "property taxes" shall include fee ownership and possessory interest taxes assessed against real and personal property, but shall exclude any special taxes, special assessments or fees which might appear on BFG's property tax bill. Property tax information required for calculations hereunder shall be derived to the extent possible from the County Assessor Auditor, as appropriate. In the event that all of the tax information necessary for the determination of an Installment amount in any given Fiscal Year, or for any other determination required under this Section 5.4, is not available in time to allow for the timely calculation and payment of such Installment by the relevant Installment Payment Date, any payment due shaIl be made based on the then available information, subject to modification once all relevant tax information is obtained. 5.4.9 Special Indemnity. In consideration of Agency provision of fmancing assistance under this Section 5, BFG agrees to release, discharge, indemnify, defend and hold harmless Agency from all claims, liabilities, losses, costs and expenses (including without limitation Environmental Costs) arising out of Agency's provision of financial assistance under this Section 5. 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RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $960,260 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FUND AS A LOAN REPAYMENT TO THE BAYFRONTfTOWN CENTRE I FUND WHEREAS, on July 13, 1999, the City of Chula Vista, the Redevelopment Agency of the City of Chula Vista, the San Diego Unified Port District, and Rohr, Inc. operating as BFGoodrich Aerospace Aerostructures Group (BFG) entered into a Relocation Agreement to facilitate the relocation and consolidation of BFG's operations north of H Street in the Bayfront Redevelopment Project Area; and WHEREAS, the Agency agreed to provide financial assistance to BFG, based, in part, on the property taxes paid by BFG on the facility and equipment investment they made during the four-year relocation period (1999-2002); and WHEREAS, the private investment eligible for use in determining the financial assistance to be provided was capped at $55 million; and WHEREAS, the financial assistance to be provided by the Agency to BFG is documented in Relocation Agreement; and WHEREAS, the relocation period has ended; WHEREAS, the amount of financial assistance to be paid to BFG in installment payments during the period between 2005 and 2015 is $1,708,065; and WHEREAS, the current installment payments due total $960,260, including $775,724 due for the period January 15, 2000, to January 15, 2005, and $184,536 for the installment payment due on January 15, 2006. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby authorize the appropriation of $960,260 from the available balance of the merged project area fund as a loan repayment to the BayfrontfTown Centre I fund. PRESENTED BY APPROVED AS TO FORM BY Dana Smith Assistant City Manager I Director of Community Development 2-9 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $960,260 FROM THE BAYFRONTITOWN CENTRE I FUND TO PAY THE RELOCATION INSTALLMENT PAYMENTS DUE BFGOODRICH AEROSPACE AEROSTRUCTURES GROUP ("BFG") FOR THE PERIOD JANUARY 15, 2000, TO JANUARY 15, 2005, AND FOR THE INSTALLMENT PAYMENT DUE ON JANUARY 15, 2006, CONSISTENT WITH THE RELOCATION AGREEMENT ENTERED INTO WITH BFG WHEREAS, on July 13, 1999, the City of Chula Vista, the Redevelopment Agency of the City of Chula Vista, the San Diego Unified Port District, and Rohr, Inc. operating as BFGoodrich Aerospace Aerostructures Group (BFG) entered into a Relocation Agreement to facilitate the relocation and consolidation of BFG's operations north of H Street in the Bayfront Redevelopment Project Area; and WHEREAS, the Agency agreed to provide financial assistance to BFG, based, in part, on the property taxes paid by BFG on the facility and equipment investment they made during the four-year relocation period (1999-2002); and WHEREAS, the private investment eligible for use in determining the financial assistance to be provided was capped at $55 million; and WHEREAS, the financial assistance to be provided by the Agency to BFG is documented in the Relocation Agreement; and WHEREAS, the relocation period has ended; WHEREAS, the amount of financial assistance to be paid to BFG in installment payments during the period between 2005 and 2015 is $1,708,065; and WHEREAS, the current installment payments due total $960,260, including $775,724 due for the period January 15, 2000, to January 15, 2005, and $184,536 for the installment payment due on January 15, 2006. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby authorize the appropriation of $960,260 from the BayfrontITown Centre I fund to pay the Relocation installment payments due BFGoodrich Aerospace Aerostructures Group for the period January 15, 2000, to January 15, 2005, and for the installment payment due on January 15, 2006, consistent with the Relocation Agreement entered into with BFG. PRESENTED BY APPROVED AS TO FORM BY Dana Smith Assistant City Manager I Director of Community Development 2~10