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HomeMy WebLinkAboutRDA Packet 1999/10/19 Crl~ OF TUESDAY, OCTOBER 19l 1999 CHUJ.A V'ISJ'JS* COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (IMMEDIATELY FOLLOWING THE CITY COUNCIL MEETING) JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA .f,lq"J [.i.];i,]:l : 1. ROLL CALL Agency/Council Members Davis Q, Moot ~1, Padilla Q, Salas C::I, and Chair/Mayor Horton Q 2. APPROVAL Joint Meetings of the Redevelopment Agency/City Council - July 13, 1999, July 20, 1999, OF MINHtlS: July 27, 1999, August 31, 1999 Meetings of the Redevelopment Agency - August 3, 1999, August 10, 1999 · ] :7~1 II-[*]~', l,', Ill: I ['f~% d [']: L This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is no~t an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) lf you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. The following items have been adver~sed and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 3. PUBLIC HEARING: CONSIDERATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA ("CITY"), REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ("AGENCY"), AND ROHR INC., OPERATING AS BFGOODRICH AEROSPACE AEROSTRUCTURES GROUP, RELATED TO PROPERTY BOUNDED BY BAY BOULEVARD TO THE EAST, THE REALIGNED MARINA PARKWAY TO THE WEST, F STREET/LAGOON DRIVE TO THE NORTH, AND THE PROPOSED EXTENSION OF H STREET TO THE SOUTH ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY, REDEVELOPMENT AGENCY AND ROHR, INC., OPERATING AS BFGOODRICH AEROSPACE AEROSTRUCTURES GROUP, RELATED TO PROPERLY BOUNDED BY BAY BOULEVARD TO THE EAST, THE REALIGNED MARINA PARKWAY TO THE WEST, F STREET/LAGOON DRIVE TO THE NORTH, AND THE PROPOSED EXTENSION OF H STREET TO THE SOUTH (FIRST READING)..The proposed Development Agreement will assure BFG that they may proceed with development in accordance with existing rules, regulations and o~cial policies of the City and Agency. in exchange, BFG has agreed to cooperate with adjacent Bayfront development proposals and to certain development restrictions on its own property. [Community Development Director] [CONTINUED FROM Tile MEETING OF OCTOBER 12. 19991 Staff Recommendation: Council place the ordinance on first reading. [Director of Dommunity DeveJopment] 4. DIRECTOR'S REPORT(S) 5. CHAIR(S) 6. AGENCY MEMBER COMMENTS AGENDA -2- OCTOBER 19, 1999 The meeting will adjourn to a closed session and thence to an Adjourned Redevelopment Agency Meeting on October 26, 1999 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. -,I ~.]-1:1 .~-1 :!-I-1 [.] ~ Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the Agency will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency is advised should be discussed in closed session to best protect the interests of the City. The Agency is required by law to return to open session, issue any reports of [inal action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency's return from closed session, reports of I~nal action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ..Pursuant to Government Code Section 54956.8 Property: Agency-owned parcels at the northwest corner of Third Avenue and H Street Negotiating Parties: Redevelopment Agency (Chris Salomone) and Chrismatt Corporation, a California Corporation, dba Pieri Company (James V. Pieri) Under Negotiations: Price and terms for disposition/acquisition MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA July 13, 1999 6:00 P.M. An Adjourned Meeting of the Redevelopment Agency and the City Council of the City of Chula .Vista was called to order at 7:35 p.m., immediately following the Regular Meeting of the City Council, in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Salas and Chair/Mayor Horton ABSENT: Agency/Council Member Padilla ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, City Clerk Bigelow CONSENT CALENDAR (Items 2 through 3) 2. APPROVAL OF MINUTES of an Adjourned Meeting of the Redevelopment Agency and City Council held June 8, 1999. 3. AGENCY RESOLUTION 1636, APPROPRIATING $38,053 FROM THE UNAPPROPRIATED BALANCE 1N THE LOW AND MODERATE INCOME HOUSING FUND FOR THE COUNTY OF SAN DIEGO COLD WEATHER SHELTER VOUCHER PROGRAM AND SPACE RENT FOR SOUTH BAY COMMUNITY SERVICES. On June 22, 1999, Council approved the Community Development Block Grant (CDBG) Fiscal Year 1999/2000 program agreements. The following two programs were recommended for funding from the Low and Moderate Income Housing Fund: a) the County of San Diego Cold Weather Shelter Voucher Program, in the amount of $8,318; and b) a request from South Bay Community Services to fund a portion of their space rent at 315 Fourth Avenne in the amount of $29,735. ACTION: Mayor Horton offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. CONSIDERATION OF A SPECIAL LAND USE PERNIIT TO ALLOW THE ESTABLISHMENT OF A 24-BED ADULT RESIDENTIAL CARE FACILITY AT 275 F STREET AGENCY RESOLUTION 1637, DENYING A REQUEST TO ESTABLISH A 24-BED ADULT RESIDENTIAL FACILITY AT 275 F STREET New Beginnings has requested a land use permit to allow the establishment of'a 24-bed adult residential facility located within the Town Centre I Redevelopment Project Area. The facility would be a state-licensed residential facility for the care of mentally ill patients. In accordance with the Town Centre Redevelopment Plan, the land use is not a permitted use within the commercial area of the Town Centre Redevelopment Project and, therefore, requires consideration by the Agency. Staff recommendation: The Agency adopt the resolution denying the request. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Principal Community Development Specialist Buchan explained the request for the adult residential facility. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Margaret Arneson, 468 Willowcrest Way, supported staff's recommendation to deny the request. Diane Howell, 218 Camino Vista Real, also supported staff's recommendation, stating that the area was predominantly commercial and not an appropriate location for the proposed use. Bill Craffon, 257 F Street, also felt that the proposed location was inappropriate for the proposed use and that commercial uses would enhance the existing business atmosphere. There being no one else wishing to speak, Mayor Horton closed the public hearing. ACTION: Chair/Mayor Horton offered Agency Resolution No. 1637, heading read, text waived. The motion carried 4-0. 5. PUBLIC HEARING PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33431, 33433, AND 33444.6 TO CONSIDER A RELOCATION AGREEMENT WITH BFGOODRICH AND THE SAN DIEGO UN IF1ED PORT DI STRICT WTIICH 1NCLUDES THE SALE OF REDEVELOPMENT AGENCY PROPERTY AT 350-360 BAY BOULEVARD, INDUSTRIAL FINANCING ASSISTANCE, AND ACQUISITION BY EMINENT DOMAIN OF THE RADOS COMPANIES' PROPERTY AT 798 F STREET TO BFGOODRICH Page 2 - RDA/Council Minutes ¢~ ~o~, 07/13/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) 5a. AGENCY RESOLUTION 1638; COUNCIL RESOLUTION 19542, AUTHORIZINGTHE EXECUTION OF THE RELOCATION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, SAN DIEGO UNIFIED PORT DISTRICT, AND ROI-IR, INC. OPERATING AS BFGOODRICH AEROSPACE AEROSTRUCTURES GROUP, AND ADOPT1NG MITIGATED NEGATIVE DECLARATION 15-99-21, AND MAKING THE REQUIRED FINDINGS UNDER THE HEALTH AND SAFETY CODE IN CONNECTION THEREWITH 5b. AGENCY RESOLUTION 1639; DETERMINING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 798 "F" STREET, CHULA VISTA, CALIFORNIA FOR THE BFGOODRICH RELOCATION PROJECT AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY (4/5TH'S VOTE REQUIRED) The City of Chula Vista, Redevelopment Agency of the City of Chula Vista, San Diego Unified Port District, and BFGoodrich Aerospace Aerostructures Group have negotiated terms and conditions ora Relocation Agreement under which certain land transfers will occur which will facilitate the relocation and consolidation of BFG operations north of the planned H Street extension in the Bayfront Redevelopment Project Area. An Initial Study was completed for this project which resulted in a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Staff recommendation: The Agency/Council adopt the resolutions. Notice of the hearing was given in accordance with legal requirements. ACTION: Chair/Mayor Horton opened the public hearing and moved to continue it to the meeting of July 20, 1999, as recommended by staff Agency Member/Deputy Mayor Salas seconded the motion, and it carried 4-0. ACTION ITEMS 6. AGENCY RESOLUTION 1640, CONDITIONALLY APPROVING FINANCIAL ASSISTANCE OF $595,000 TO AVALON COMMUNITIES, LLC FOR THE ACQUISITION AND REHABILITATION OF PEARTREE APARTMENTS The Agency received a request from Avalon Communities, LLC to provide financial assistance in the amount of $595,000 to finance a proposed acquisition and rehabilitation project involving a I 19-unit family apartment complex known as Peartree Apartments located at 1025 Broadway. Avalonisproposingtoimprovetheunitsand provide quality housing and long-term affordability to families who are at or under 50% of the area median income. Staff is recommending that the Agency conditionally approve the resolution as a preliminary action that is necessary in order for Avalon to submit an application to the State Tax Credit Allocation Committee for a tax credit allocation which will be used to substantially finance the estimated $10 million dollar project. Staff Recommendation: The Agency adopt the resolution. Page 3 - RDA/Council Minutes c:~ - ~ 07/13/99 ACTION ITEMS (Continued) Housing Coordinator Arroyo explained that conditional approval is requested at this time and that the matter will come back to the Agency for final approval if the applicant's application to the state is approved. ACTION: Agency/Councilmember Davis offered Agency Resolution No. 1640, heading read, text waived. The motion carried 4-0. OTHER BUSINESS 7. DIRECTOR' S REPORTS There were none. 8. CHAIR'S REPORTS There were none. 9. AGENCY MEMBER COMMENTS There were none. CLOSED SESSION Closed Session was canceled, and the following items were not discussed: 10. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor Parcel Nos. 565-310-09; 565-310-25 (approximately 6.35 acres located at the northwest corner ofl-5 and E Street) Negotiating Parties: Redevelopment Agency (Chris Salomone) and City of San Diego Under Negotiation: Price and terms for disposition Under Negotiation: Price and terms for disposition/acquisition 11. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) Contemplated use of eminent domain by the City of San Diego (Metropolitan Waste Water Department or its affiliates) to acquire Agency-owned property. 12. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 549568 Property: 340-368 Bay Boulevard (5 parcels totaling 3.65 acres): 567-022-35 340 Bay Boulevard 1.02 acres 567-002-17 350 Bay Boulevard 0.65 acres 567-022-31 360 Bay Boulevard 0.73 acres 567-022-33 364 Bay Boulevard 0.63 acres 567-022-28 368 Bay Boulevard 0.62 acres Negotiating Parties: City Redevelopment Agency (Chris Salomone); San Diego Unified Port District; B.F. Goodrich Under Negotiation: Purchase/lease terms and conditions Page 4 - RDA/Council Minutes C:~ d 07/13/99 CLOSED SESSION (Continued) 13. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C), INITIATION OF LITIGATION One case. ADJOURNMENT At 7:55 p.m., Chair/Mayor Horton adjourned the Redevelopment Agency to the Regular Meeting of July 20, 1999, at 6:00 pm., and recessed the City Council to Closed Session. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 5 - RDA/Council Minutes c~ --,.~'" 07/13/99 MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA July 20, 1999 6:00 p.m. An Adjourned Meeting of the Redevelopment Agency and the City Council of the City of Chula Vista was called to order at 7:40 p.m., immediately following the Regular Meeting of the City Council, in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Councilmembers Davis, Moot, Padilla, Salas, and Chair/Mayor Horton. ABSENT: None. ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, City Clerk Bigelow. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 2. HEARING PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33431, 33433, AND 33444.6 TO CONSIDER A RELOCATION AGREEMENT WITH BF GOODRICH AND THE SAN DIEGO UNIF1ED PORT DISTR1CT WHICH INCLUDES THE SALE OF REDEVELOPMENT AGENCY PROPERTY AT 350-360 BAY BOULEVARD, INDUSTRIAL FINANCING ASSISTANCE, AND ACQUISITION BY EMINENT DOMAIN OF THE RADOS COMPANIES' PROPERTY AT 798 F STREET TO BF GOODRICH (CONTINUED FROM JULY 13, I999) a. AGENCY RESOLUTION 1638ANDCOUNC[L RESOLUTION 19542~ AUTHORIZING THE EXECUTION OF THE RELOCATION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, SAN DIEGO UNIFIED PORT DISTRICT, AND ROHR, INC. OPERATING AS BF GOODRICH AEROSPACE AEROSTRUCTURES GROUP, AND ADOPTING MITIGATED NEGATIVE DECLARATION 1S-99-2 I, AND MAKING THE REQUIRED FINDINGS UNDER THE HEALTH AND SAFETY CODE 1N CONNECTION THEREWITH b. AGENCY RESOLUTION 1639, DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 798 "F' STREET, CHULA VISTA, CALIFORNIA, FOR THE BF GOODRICH RELOCATION PROJECT AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY (4/5TH'S VOTE REQUIRED) PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) The City of Chula Vista, Redevelopment Agency of the City of Chula Vista, the San Diego Unified Pon District, and BFGoodrich Aerospace Aerostructures Group negotiated terms and conditions of a Relocation Agreement under which certain land transfers will occur to facilitate the relocation and consolidation of BFG operations north of the planned H Street extension in the Bayfront Redevelopment Project Area. An Initial Study was completed for the project which resulted in a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. ACT1ON: At the request of staff, Chair/Mayor Horton moved to continue the hearing to July 27, 1999. Agency/Council Member Padilla seconded the motion, and it carried 5-0. OTHER BUS1NESS 3. DIRECTOR'S REPORTS There were none. 4. CHA1R'S REPORTS There were none. 5. AGENCY MEMBER COMMENTS There were none. Chair/Mayor Horton reported that Closed Session was cancelled, and the following items were not discussed. CLOSED SESSlON 6. CONFERENCE W1TH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor Parcel Nos. 565-310-09; 565-310-25 (approxirnately 6.35 acres located at the northwest corner of 1-5 and E Street) Negotiating Parties: Redevelopment Agency (Chris Salomone) and City of San Diego Under Negotiation: Price and terms for disposition Under Negotiation: Price and terms for disposition/acquisition 7. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) Contemplated nse of eminent domain by the City of San Diego (Metropolitan Waste Water Department or its affiliates) to acquire Agency owned property. Page 2 - Council/RDA Minutes 07/20/99 CLOSED SESSION (Continued) 8. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C), INITIATION OF LITIGATION One case 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 340-368 Bay Boulevard (5 parcels totaling 3.65 acres): 567-022-35 340 Bay Boulevard 1.02 acres 567-022-17 350 Bay Boulevard 0.65 acres 567-022-31 360 Bay Boulevard 0.73 acres 567-022-33 364 Bay Boulevard 0.63 acres 567-022-28 368 Bay Boulevard 0.62 acres Negotiating Parties: City/Redevelopment Agency (Chris Salomone); San Diego Unified Port District; B.F. Goodrich Under Negotiation: Purchase/lease terms and conditions ADJOURNMENT At 7:42 p.m., Chair/Mayor Horton adjourned the meeting to the Regular Meeting of the Redevelopment Agency to be held July 27, 1999, at 6:00 pm, immediately [-bllowing the City Council meeting, Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 3 - Council/RDA Minutes ~ ~ ~,' 07/20/99 MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA July 27, 1999 6:00 p.m. An Adjourned Meeting of the Redevelopment Agency and the City Council of the City of Chula Vista was called to order at 6546 p.m, immediately fbllowing the Regular Meeting of the City Council, in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Councihnembers Davis, Moot, Padilla, SaNs, and Chair/Mayor Horton. ABSENT: None. ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, City Clerk Bigelow. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 2. HEARING PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33431, 33433, AND 33444.6 TO CONSIDER A RELOCATION AGREEMENT WITH BF GOODRICH AND THE SAN DIEGO UN1FIED PORT D1STR1CT WHICH INCLUDES THE SALE OF REDEVELOPMENT AGENCY PROPERTY AT 350-360 BAY BOULEVARD, INDUSTRIAL FINANCING ASSISTANCE, AND ACQUISITION BY EMINENT DOMAIN OF THE RADOS COMPANIES' PROPERTY AT 798 F STREET TO BF GOODR1CH (CONT1NUED FROM JULY 13, 1999) a. AGENCY RESOLUTION 1638ANDCOUNCIL RESOLUTION 19542, AUTHORIZING THE EXECUTION OF THE RELOCATION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, SAN DIEGO UNIFIED PORT DISTRICT, AND ROHR, INC. OPERATING AS BF GOODRICH AEROSPACE AEROSTRUCTURES GROUP, AND ADOPTING MITIGATED NEGATIVE DECLARATION IS-99-2 I~ AND MAKING THE REQUIRED FINDINGS UNDER THE HEALTH AND SAFETY CODE 1N CONNECTION THEREWITH b. AGENCY RESOLUTION 1639, DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 798 "F" STREET, CHULA VISTA, CALIFORNIA, FOR THE BF GOODRICH RELOCATION PROJECT AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY (4/5TH'S VOTE REQUIRED) PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) The City of Chula Vista, Redevelopment Agency of the City of Chula Vista, the San Diego Unified Port District, and BFGoodrich Aerospace Aerostructures Group negotiated terms and conditions of a Relocation Agreement under which certain land transfers will occur to facilitate the relocation and consolidation of BFG operations north of the planned H Street extension in the Bayfront Redevelopment Project Area. An Initial Study was completed for the project which resulted in a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Community Development Director Salomone made a slide presentation on the proposed project area. Chair/Mayor Horton opened the public hearing Rod Davis, representing the Chamber of Commerce, urged the Council to support the project. Laura Hunter, representing the Environmental Health Coalition, expressed concern regarding the contamination levels on the land as well as the future development plans. She suggested that an agreement include the level of cleanup that would be required Dick Cloward, representing the San Diego Port Tenants Association, supported the project. William Tuchscher, representing Tuchscher Development Enterprises, expressed concern about the realignment of Bay Boulevard but otherwise supported the project and its goals. Roscoe Keagy, representing the Rados Brothers, objected to the condemnation proceedings and submitted letters into the record. Larry O'Donnelk representing BECA, enthusiastically supported the project, stating that there needs to be a shared vision tbr the bayfront. Art Sellgren, representing BF Goodrich, spoke in support of the project. James Croswell, representing the Machinists Union~ also favored the relocation project. There being no one else wishing to speak, Chair/Mayor Horton closed the public hearing. ACTION: Following Council comments, Chair/Mayor Horton offered Agency Resolution No. 1638 and Council Resolution No. 19542, headings read, texts waived. The motion carried 5-0. ACT1ON: Chair/Mayor Horton offered Agency Resolution 1639, heading read, text waived. The motion carried 5-0 Page 2 - Council/RDA Minutes 07/27/99 ACTION ITEMS 3. AGENCY RESOLUTION 1641 AND COUNCIL RESOLUTION 19555, APPROVING THE NEW MILLENNIUM LIGHTING PROGRAM AND APPROPRIATING $45,780 FROM THE AVAILABLE BALANCE IN THE FINE ARTS FUND AND $39,780 FROM THE AVAILABLE BALANCE 1N THE RESIDENTIAL CONSTRUCTION TAX FUND TO IMPLEMENT THE PROGRAM The "New Millennium Lighting Prograrn" as developed will be coordinated with the 1999 Downtown holiday activities, lights and displays to create a significant series of community events and activities focused to commemorate entry into the new millennium and end the year-long events. Staff recommendation: The Agency adopt the resolution. ACTION: Chair/Mayor Horton ofl'ered Agency Resolution 1641 and Council Resolution 19555, headings read, texts waived The motion carried 5-0. OTHER BUSINESS 4. DIRECTOR'S REPORTS There were none. 5. CHAIR'S REPORTS There were none. 6. AGENCY MEMBER COMMENTS There were none. At 9:19 p.m., Chair/Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 7 CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor Parcel Nos. 565-310-09; 565-310-25 (approximately 6.35 acres located at the northwest corner ofl-5 and E Street) Negotiating Parties: Redevelopment Agency (Chris Salomone) and City of San Diego Under Negotiation: Price and terms for disposition Under Negotiation: Price and terms for disposition/acquisition No action was taken. Page 3 - Council/RDA Minutes 07/27/99 CLOSED SESSION (Continued) 8. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 549569(B) Contemplated use of eminent domain by the City of San Diego (Metropolitan Waste Water Department or its affiliates) to acquire Agency owned property. This item was not discussed. 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 340-368 Bay Boulevard (5 parcels totaling 3.65 acres): 567-022-35 340 Bay Boulevard 1.02 acres 567-022- 17 350 Bay Boulevard 0.65 acres 567-022-31 360 Bay Boulevard 0.73 acres 567-022-33 364 Bay Boulevard 0.63 acres 567-022-28 368 Bay Boulevard 0.62 acres Negotiating Parties: City/Redevelopment Agency (Chris Salomone); San Diego Unified Port District; B.F Goodrich Under Negotiation: Purchase/lease terms and conditions This item was not discussed 10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C), INITIATION OF LITIGATION One case This item was not discussed. ADJOURNMENT At 9:42 p.m., Chair/Mayor Horton adjourned lhe meeting to the Regular Meeting of the City Council to be held August 3, 1999, at 4:00 pm; and the Regular Meeting of the Redevelopment Agency to be held August 3, 199% at 4:00 p.m, immediately following the City Council meeting, Respectfully submitted, Page 4 - Council/RDA Minutes e:~ -- / ~ 07/27/99 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA August 3, 1999 4:00 p.m. A Regular Meeting of the Redevelopment Agency of the City of Chula Vista was called to order at 5:04 p.m., immediately following the Regular Meeting of the City Council, in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Councilmembers Davis, Moot, Padilla, and Chair/Mayor Horton. ABSENT: Agency/Cooncihnember Salas. ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, City Clerk Bigelow. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. 3. CHA1R'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. At 5:06 pm., Chair/Mayor Horton recessed the meeting to Closed Session. CLOSED SESS1ON 5. CONFERENCE W1TH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor's Parcel Nos. 565-310-09; 565-310-25 (approximately 6.35 acres located at the northwest corner ofl-5 and E Street) Negotiating Parties: Redevelopment Agency (Chris Salomone) and City of San Diego Under Negotiation: Price and terms for disposition Under Negotiation: Price and terms for disposition/acquisition This item was not discussed CLOSED SESSION (Continued) 6. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) Contemplated use of eminent domain by the City of San Diego (Metropolitan Waste Water Department or its affiliates) to acquire Agency owned property. No action was taken. ADJOURNMENT At 5:10 p.m., Chair Horton adjourned the rneeting to an Adjourned Meeting to be held August 10, 1999, at 6:00 p.m., immediately following the City Council meeting, Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 2 - RDA Minntes ~ --/ t'/t/ 08/03/99 MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA August 10, 1999 6:00 p.m. An Adjourned Meeting of the Redevelopment Agency of the City of Chula Vista was called to order at 6:27 p.m., i~nmediately following the Regular Meeting of the City Council, in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Agency Members Davis, Moot, Padilla. Salas, Chair Horton ABSENT: None ALSO PRESENT: Executive Director Rowlands, Agency Attorney Kaheny, City Clerk Bigelow ORAL COMMUNICATIONS There were none. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none CLOSED SESSION Chair Horton noted that the Closed Session was cancelled, and the following items were not discussed: CLOSED SESSION (Continued) 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor Parcel Nos. 565-310-09; 565-310-25 (approximately 6.35 acres located at the northwest corner of I~5 and E Street) Negotiating Parties: Redevelopment Agency (Chris Salomone) and City of San Diego Under Negotiation: Price and terms for disposition Under Negotiation: Price and terms for disposition/acquisition 6. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECT[ON 54956.9(B) Contemplated use of eminent domain by the City of San Diego (Metropolitan Waste Water Department or its affiliates) to acquire Agency owned property. 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Agency-owned parcels at the northwest corner of Third Avenue and H Streel Negotiating Parties: Redevelopment Agency (Chris Salmnone) and Chrismatt Corporation, a California Corporation, dba Pieri Company (James V. Pieri) Under Negotiation: Price and terms for disposition/acquisition ADJOURNMENT At 6:28 p.m., Chair Horton adjourned the Redevelopment Agency to an Adjourned Meeting to be held August 17, 1999, at 6:00 p.m., immediately fbllowing the City Council meeting Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 2 - Redevelopment Agency Minutes ce~) - / ~, 08/10/99 M1NUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 31, 1999 6:00 P.M. An Adjourned Meeting of the Redevelopment Agency and the City Council of the City of Chula Vista was called to order at 7:25 p.m., immediately following the Regular Meeting of the City Council, in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Councilmembers Davis, Moot, Salas, and Chair/Mayor Horton. ABSENT: Agency/Councihnember Padilla ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Senior Assistant City Attorney Moore, and Deputy City Clerk Griffin. CONSENT CALENDAR (Items 2 through 3) 2. APPROVAL OF MINUTES of an Adjourned Joint Meeting of the Redevelopment Agency and City Council held on June 22, 1999. ACTION: Chair/Mayor Horton moved to approve the minutes. Agency/Councilmember Moot seconded the motion, and it carried 4-0. 3. AGENCY RESOLUTION 1642, COUNCIL RESOLUTION 19594, 1) APPROVING AGREEMENT WITH THE METROPOLITAN TRANSIT DEVELOPMENT BOARD/SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY AND 675 OXFORD, LLC FOR THE DEVELOPMENT AND MAINTENANCE OF PEDESTRIAN AND VEHICULAR ACCESS TO THE SAN D1EGO COUNTY FAMILY RESOURCE CENTER OVER THE MTDB PROPERTY LOCATED ON THE EAST SIDE OF THE SAN D1EGO TROLLEY TRACKS BETWEEN OXFORD AND PALOMAR STREETS; 2) AUTHORIZING THE RELEASE OF $70,000 FROM THE BILLBOARD RESERVE FUND; 3) APPROPRIATING $51,000 FROM THE UNAPPROPRIATED BALANCE OF THE TRANSPORTATION PARTNERSHIP FUND (FUND NUMBER 253); AND 4) APPROPRIATING $65,000 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND TO BE REPAID WITHIN ONE YEAR WITH FUTURE MTDB BILLBOARD FUND REVENUES (4/5TH'S VOTE REQUIRED) CONSENT CALENDAR (Continued) On May 19, 1998, the Agency approved a Special Use Permit for the establishment of the San Diego County Family Resource Center at 690 Oxford Street. On September 22, 1998, the Agency entered into an Owner Participation Agreement (OPA) with Palomar Station, LLC and approved plans for the construction ora building to be occupied by the County Family Resource Center. Palomar Station, LLC subsequently assigned its rights and responsibilities related to the OPA to 675 Oxford, LLC As a condition of approval of the Special Use Permit and the OPA, the Agency requested the Developer to provide adequate and safe access from the proposed building to the Palomar Trolley Station. Staff recommendation: Agency/Council adopt the resolution. Agency Member/Deputy Mayor Salas stated that they were being asked to subsidize the improvements of a pathway leading from the trolley station to the Family Resource Center in the amount of $186,000, and she had a problem with that Staff had indicated that $70,000 would be coming from the MTDB Billboard Reserve Fund, and it was bet understanding that even though that money could be used f~r other things, it was to be used primarily by tile City for the purpose of improving landscape in the trolley right-of-way. She felt the money should not be diverted for other uses. According to the staff report, the agreement with MTDB and the Billboard Reserve Fund is about to expire and by diverting the funds, it could lock the City into extending the agreement possibly for several years so that the City could recoup that money. Secondly, the $51,000 from the unappropriated balance of the Transportation Partnership Fund are suppose to be dedicated for the enhancement improvements of the City's roadways and, again, this money is being diverted. Then we are being asked to use $65,000 f¥om the general fund to be paid in the future with the Billboard Fund. When the City entered into initial discussions, it was to be a shared project with MTDB and the County of San Diego. Now the burden }las fallen completely, 100%, on the City. It is a regional building, of regional benefit, and benefitting the County. She stated that she would vote for the project but only with a referral that staffgo back to the County to see whether or not they have revenue to pay for this. Agency/Councilmember Moot stated that he was in agreement with Agency Member/Deputy Mayor Salas and in conjunction with her referral suggested that a letter from the City be sent to both entities. When the project was approved, it was clear that they would pay their share of costs. A letter should be written to tbe President of MTDB and Supervisor Cox advising them that the City is extremely upset that they did not come through with their share of funding and ask them to seriously reconsider their position, because the City works in a cooperative environment on County- wide projects and should not have to bear the sole costs of providing MTDB ridership and County people access to the building. Agency/Councih'nember Davis stated that she supported the project and also agreed with her colleagues. Page 2 - RDA/Council Minutes 08/31/99 CONSENT CALENDAR (Continued) ACTION: Agency/Councilmember Davis moved to adopt the resolution, with the stipulation that staffcontinue to seek financial contributions to this project from both MTDB and the County of San Diego, heading read, text waived. The motion carried 4-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 4. DIRECTOR'S REPORTS There were none. 5. CHAIR'S REPORTS There were none. 6. AGENCY/COUNC1LMEM BERS COMMENTS There were none. CLOSED SESSION 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Agency-owned parcels at the northwest corner of Third Avenue and H Street Negotiating Parties: Redevelopment Agency (Chris Salomone) and Chrismatt Corporation, a California Corporation, dba Pieri Company (James V. Pied) Under Negotiation: Price and terms fbr disposition/acquisition No action was taken. ADJOURNMENT At 8:00 p.m., Chair/Mayor Horton adjourned the Redevelopment Agency/City Council Meeting to an Adjourned Redevelopment Agency Meeting of September 14, 1999 at 6:00 p.m. Respectfully submitted, Carla J. Griffin, Deputy City Clerk Page 3 - RDA/Council Minutes 08/31/99 JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT ITEM NO. ,-~ MEETING DATE I 0/19/99 ITEM TITLE: PUBLIC HEARING: CONSIDERATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA ("CITY"), REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ("AGENCY"), AND ROHR, INC., OPERATING AS BFGOODRICH AEROSPACE AEROSTRUCTURES GROUP ("BFG"), RELATED TO PROPERTY BOUNDED BY BAY BOULEVARD TO THE EAST, THE REALIGNED MARINA PARKWAY TO THE WEST, F STREET/LAGOON DRIVE TO THE NORTH, AND THE PROPOSED EXTENSION OF H STREET TO THE SOUTH ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY, REDEVELOPMENT AGENCY AND ROHR, INC., OPERATING AS BFGOODRICH AEROSPACE AEROSTRUCTURES GROUP ("BFG"), RELATED TO PROPERTY BOUNDED BY BAY BOULEVARD TO THE EAST, THE REALIGNED MARINA PARKWAY TO THE WEST, F STREET/LAGOON DRIVE TO THE NORTH, AND THE PROPOSED EXTENSION OF H STREET TO THE SOUTH SU.MIl'rEr~ .¥'- COMMUNITY DEVELOPMENT DIR/~,~R ~L~. ~--t-~ [..~ REVIEWED BY: EXECUTIVE DIRECTuKL~y V~y~.~Y.5..~.~.~ VOTE: YES__ No X) The City, Agency, and the San Diego Unified Port District ("Port") are currently in the process of redeveloping the Chula Vista Bayfront. The successful redevelopment of the Bayfront will require integrated planning that will involve real property owned by Agency, Port, and other parties, City, Agency, BFG, and Port have entered into a Relocation Agreement dated July 13, 1999 setting forth their agreement with respect to the consolidation and relocation of BFG's facilities and operations of BFG's existing campus north of the proposed H Street extension. In consideration of its substantial investment in the relocation, BFG desires to receive assurance through a development agreement ("Development Agreement") that they may proceed with development in accordance with existing rules, regulations and official policies of the City and Agency. In exchange BFG has agreed to cooperate with adjacent Bayfrent development proposals and to cedain development restrictions on its own property. The Environmental Review Coordinator has determined that no new environmental impacts that have not been previously addressed in the Bayfront Specific Plan EIR and the Mitigated Negative Declaration for the BFG Relocation Agreement will occur as a result of the approval of the proposed Development Agreement. PAGE 2~ ITEM MEETING DATE 10/lg/gg That the City Council conduct the public hearing and place the ordinance on first reading; and that the Council/Agency approve the proposed Development Agreement in accordance with the attached Ordinance based on the findings and subject to the conditions contained therein. The Planning Commission voted 5/0 to recommend that the Redevelopment Agency/City Council approve the proposed Development Agreement in accordance with the attached City Council Ordinance based on the findings and subject to the conditions contained therein. 1. Backqround The proposed project is a Development Agreement for the reconfigured BFG aerospace office and manufacturing campus. The project site is generally bounded by Bay Boulevard to the east, the realigned Marina Parkway to the west, F Street/Lagoon Drive to the north, and the proposed extension of H Street to the south. The project site is further described on Attachment 3. BFG, and its predecessor, Rohr, Inc. have operated aviation and aerospace related manufacturing on the Chula Vista bayfront for over 50 years. Within that time, significant expansion of the Rohr facilities has occurred, including expansion onto fill land that is currently held in trust by the Port. In 1997 Rohr was acquired by the BF Goodrich Company and currently operates as BF Goodrich Aerospace, Aerostructures Group. Due to a number of factors, including changes in manufacturing processes, increased efficiency, and market changes, certain land and buildings within the existing BFG campus are not fully utilized. The purpose of the Relocation Agreement, approved by the City Council/Agency on July 13, 1999, is to facilitate the consolidation of operations for BFG onto a smaller area of land. This will allow the redevelopment of the vacated lands, resulting in increased economic productivity, and potentially reducing growth pressures on other areas of the community. Under the Relocation Agreement, BFG transfers fee ownership of approximately 37.6 acres to the Port and vacates current leasehold interest south of the proposed H street extension to Marina Parkway. In exchange the Port will transfer fee title ownership of 16.66 acres (please see attached exhibit). Additionally the Port will arrange for the conveyance of fee title ownership of the SDG&E and MTDB rights-of-way that currently bisect the BFG property. An easement over this entire area would be retained by SDG&E for the electrical transmission lines and other facilities. The City agrees to convey properties (approximately 3 acres) that are currently owned in fee by the City to BFG, and agrees to arrange for the transfer of an additional 3.02 acre parcel owned by the Rados Brothers. After the property transfers, BFG has until Januaw, 2003 to relocate its south of H Street operations to the consolidated "New Campus" north of H Street. Both BFG and the Port shall share in the costs of environmental review and remediation for the "South Campus" properties being vacated by BFG per the terms of the Relocation Agreement. The Relocation Agreement also provides financing assistance to BFG from the Agency to facilitate the construction of industrial manufacturing facilities, related offices and ancillary support facilities, and finance equipment newly developed, rehabilitated, or installed during the Relocation Period. The Agency subsidy is limited to the amount of tax increment generated by such facilities. The agreement also contemplates substantial Port funding and construction of the H Street extension project and a realigned Marina Parkway. The Relocation Agreement also contemplates the negotiation and processing for consideration of the proposed Development Agreement. PAGE 3, ITEM MEETING DATE 10/19/99 2. Nature of Proposal The item presented for your consideration is a statutory Development Agreement for the consolidated BFG campus (see site map attached). This type of Development Agreement is expressly provided for under California Government Code Sections 65864 through 65869.5. Developers request such agreements to "vest" their land use entitlements, typically for a project that is expected to be built out over many years. Entitlements that are "vested" cannot be changed in the future by the local governing agency except, typically, in the case of unforseen risk to public health or safety. No specific physical construction activities are being proposed by BFG at this time. Some improvements requiring permitting and Design Review approval are expected, however, as part of BFG's relocation and consolidation process. The potential for expansion of "New Campus" office and industrial facilities in the future is unknown at this time. A copy of the proposed Development Agreement is attached (see Attachment 4). A summary of its terms and conditions are set fodh below. 3. General Plan, Zoning, and Land Use GENERAL PLAN ZONING CURRENT LAND USE Site: CP (Professional Bayfront aerospace manufacturing, And Administrative Specific vacant parcels Commercial), IR Plan ("BSP") (Research and Limited Industrial), IG (General Industrial), and PQ (Public and Quasi Public) North: CT (Commercial BSP Park, vacant restaurant, and Thoroughfare), CRD fallow agriculture (Central Resort District), PR (Parks and Recreation), And PQ South: IG and PQ BSP aerospace manufacturing East: Transportation Corridor Interstate 5 West: Port of San Diego Pod Master vacant and modular building. Plan construction sites Industrial 4. Analysis Vestinq BFG proposes to invest approximately $50 million dollars in an area where they are adjacent to visitor commercial uses. They desire the assurance of being allowed to continue their industrial use. The Development Agreement gives BFG the vested right to implement all existing permitted uses for a period of up to twenty years. This term would expire if and when BFG defaults under the Relocation Agreement. BFG would still be required to obtain all permits required under existing land use laws. The City/Agency reserves the right to impose new land use laws that are consistent with the existing laws, and changes to existing laws in the event of an unforseen threat to public health or safety. PAGE 4, ITEM MEETING DATE 10/19/99 RADOS AND AGENCY PARCELS BFG intends to use the Rados and Agency pamels for parking and open storage, BFG is required to obtain all appropriate permits in order to allow this to occur, and the City/Agency retains the right to impose reasonable conditions on such uses, BFG agrees to use is best efforts to (a) minimize and screen open storage of equipment and materials, and (b) not to use the perimeter of the New Campus for open storage. BFG agrees not to use the Rados parcel for open storage at any time and acknowledges and agrees that such use shall not be permitted. The City/Agency shall be granted an easement over a portion of the Rados Parcel for the installation and maintenance of a Bayfront Redevelopment Project Area "entry statement", If after six years from the effective date of the agreement BFG has not committed to the development of the Rados Parcel into a permanent use that is integrated with an industrial and/or office development project, the Agency shall have the right to reacquire the Rados Parcel pursuant to the terms and conditions of the Development Agreement. BFG's OBLIGATION TO COOPERATE/NO CHALLENGE The Development Agreement states that BFG will not oppose, challenge or seek conditions or mitigation measures in connection with land use permits and other approvals necessary for development of projects proposed within the Bayfrent Redevelopment Project Area consistent with or less impactive than the existing rules, regulation and official policies. In addition BFG shall reasonably cooperate with the Agency in its processing, approval and implementation of adjacent developments. DEVELOPMENT F[ESTRICTIONS BFG agrees to submit to the Agency a master plan showing vertical improvements for the ultimate development of their property prior to processing permits for such improvements. In order to develop the site, presently the Bayfrent Specific Plan/Coastal Development Application Permit Procedures Manual requires a presubmittal conference, submittal of sufficient drawings to establish the functional land use, basic design and landscape concept, materials, architectural features, signage, and finish, staff review, formal submittal to the Design Review Committee, and submittal of plans to the Redevelopment Agency for an Owner Participation Agreement. SUMMARY Staff recommends approval of the Development Agreement. The Development Agreement is part of a larger substantial redevelopment project on the Bayfront. The Development Agreement helps eliminate the uncertainty in planning for BFG allowing them the opportunity to master plan the property per the existing rules, regulations, and policies of the City and Agency, It also provides the City with some assurances that BFG will undergo a master planning process for site development, and will cooperate with other development proposals on adjacent Bayfront properties The Development Agreement's fiscal impact is confined to staff time necessary to prepare it. The staff time is eligible for reimbumement by the Bayfrent Project Area, ATTACHMENTS 1, Location Map 2, Development Agreement ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT WITH ROHR, INC. OPERATING AS BFGOODRICH AEROSPACE AEROSTRUCTURES GROUP ("BFG"), RELATED TO PROPERTY BOUNDED BY BAY BOULEVARD TO THE EAST, THE REALIGNED MARINA PARKWAY TO THE WEST, F STREET/LAGOON DRIVE TO THE NORTH, AND THE PROPOSED EXTENSION OF H STREET TO THE SOUTH WHEREAS, the City of Chula Vista ("City"), a charter law city, is authorized pursuant to Article 2.5 of Chapter 4 of Title 7 of the Government Code, Section 65864 through 65869.5 to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property in order to establish certainty in the development process; and, WHEREAS, City, Agency, BFG, and the Port of San Diego have entered into a Relocation Agreement, dated July 13, 1999, setting forth their agreement with respect to the consolidation and relocation of BFG's facilities and operations currently on their property; and, WHEREAS, Staff recommended approval of the Development Agreement. For the following reasons: (a) the Development Agreement is part of an important redevelopment project on the Bayfront; (b) the Development Agreement helps eliminate the uncertainty in planning for BFG allowing it the opportunity to master plan the property per the existing rules, regulations, and policies of the City and Agency; (c) the Agreement also provides the City with some assurances that BFG will undergo a master planning process for site development, will restrict certain undesirable uses, and will cooperate with other development proposals on adjacent Bayfront properties. WHEREAS, the provisions of the Development Agreement are consistent with the general plan and the applicable specific plan as described in the attached Planning Commission Agenda Statement; and, WHEREAS, the Environmental Review Coordinator has determined that all potential environmental impacts have been considered previously with the Environmental Impact Report for the Bayfront Specific Plan and the Mitigated Negative Declaration for the Relocation Agreement and no further environmental review is warranted; and, WHEREAS, on September 29, 1999 the City Planning Commission voted 5-0 to recommend that the City Council/Agency approve the Development Agreement in accordance with Resolution __; and, WHEREAS, the City Clerk set the time and place for a hearing on said Development Agreement and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, Ordinance No. Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely on October 19, 1999, at 6 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council/Agency and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista and Agency does hereby find, determine, and ordain as follows: SECTION I: the City Council/Agency hereby finds that the Development Agreement presented is consistent with the City of Chula Vista General Plan and the Bayfront Specific Plan in that the agreement conforms to all existing land use designations and other rules, regulations and official policies governing the "New Campus" property described therein. SECTION I1: the City/Council hereby approves the Development Agreement in substantially the form presented with minor modifications approved by the City Attorney a copy of which shall be kept on file with the City Clerk as Document No. SECTION II1: this Ordinance shall take effect and be in full force the thirtieth day from its adoption. Presented by Approved as to form by Chris Salomone J.~.n Kah"~ny /' ~ ~ tJ~ Director of Community Development ~y ATTACHMENT 1 ATTACHMENT 2 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter referred to as "Agreement" or "Development Agreement") is made and entered into effective as of , 1999 (the "Closing Date" under the"Relocation Agreement," defined below ("Effective Date'9, by and between the CITY OF CHULA VISTA, a municipal corporation (hereinafter referred to as "City"), REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a redevelopment agency fbrmed pursuant to Health and Safety Code §§ 33000 et seq. ("Agency'), and ROHR, INC., operating as BFGoodrich Aerospace Aerostructures Group, a Delaware corporation and wholly owned subsidiary of The BFGoodrich Company (hereinafter referred to as "BFG"). All references in this Agreement to "City/Agency" shall refer collectively to City and Agency. City, Agency and BFG are from time to time hereinafter referred to individually as a "party" and collectively as the ''parties." The parties hereby agree as lbllows: Section 1. Recitals. This Agreement is predicated upon the following facts, which are incorporated into and made a part of this Agreement: 1.1 Legal Authorization. The City, a charter law city, is authorized pursuant to Article 2.5 of Chapter4 of Title 7 of the Government Code, Sections 65864 through 65869.5 (the "Development Agreement Statute"), to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property in order to establish certainty in the development process. The Agency is authorized and empowered under Health & Safety Code §§ 33000 et seq. to enter into such agreements to assist with the redevelopment of real property within a redevelopment project area. 1.2 BFG. BFG is the owner of certain real property (the "BFG Land") located in the City of Chula Vista, County of San Diego, California as shown on the map attached as Exhibit A. BFG intends to acquire, and has an equitable interest in, certain other real property (the "Transfer Property") -- including the Agency Parcel and the Rados Parcel -- pursuant to those certain Land Transfer Agreements between BFG and (a) the Agency; and (b) the San Diego Unified Port District ("Port"). The Transfer Property is also shown on the map attached as Exhibit A. The BFG Land and the Transfer Property shall be collectively referred to as the "New Campus." The New Campus consists of approximately 89 acres of land, as more particularly described in the legal description attached as Exhibit B, and is within the Specific Plan. 1.3 Objectives of Agreement. City, Agency and Port are currently in the process of redeveloping the Chula Vista Bayfront (the "Bayfront," as further defined in Section 2.5). The parties acknowledge that the successful redevelopment of the Bayfront, of which the New Campus is a part, will require integrated planning and development that will involve real property owned by Agency, Port and other parties. City, Agency, BFG and Port have entered into a Relocation Agreement dated July 13, 1999, setting forth their agreement with respect to the consolidation and relocation of BFG's facilities and operations currently on the Existing Campus (as defined in Section 2.18 below) and other matters as described therein (the "Relocation Agreement"). 1.4 Intent of Parties. For the reasons recited in this Section 1, BFG and City/Agency have determined that the development of the New Campus in accordance with the Relocation Agreement and the Existing Rules, Regulations and Official Policies (as defined in Section 2.20 below) is a development project for which this Agreement is appropriate. Further, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the New Campus and surrounding properties, ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens, and otherwise achieve the goals and purposes of the Development Agreement Statute. In exchange fbr these benefits to City/Agency, together with the public benefits served by the development of the New Campus, BFG desires to receive the assurance that it may proceed with development of the New Campus in accordance with the Existing Rules, Regulations and Official Policies pursuant to the terms and conditions contained in this Agreement and based on the Project Approvals. BFG intends to develop the New Campus in accordance with the Existing Rules, Regulations and Official Policies. 1.5 Public Hearings. On September 29, 1999, the Planning Commission of the City of Chula Vista ("Planning Commission"), after giving notice pursuant to Government Code Sections 65867, 65090 and 65091 held a public hearing on BFG's application for approval of this Agreement. The City Council of the City ("City Council") and the Board of the Agency ("Agency Board"), after providing public notice as required by law, held a public hearing on this Agreement on October 19, 1999. 1.6 City Council Findings. The City Council has tbund that this Agreement is consistent with the General Plan, as well as all other applicable Rules, Regulations and Official Policies. The Agency Board has found that this Agreement is consistent with the Redevelopment Plan, as well all other applicable Rules, Regulations and Official Policies. 1.7 City Ordinance. On October26, 1999, the City Council adopted Ordinance No. approving this Agreement with BFG. Section 2. Definitions. In this Agreement, unless the context otherwise requires: 2.1 "Agency" means the Redevelopment Agency of the City of Chula Vista, a political subdivision in the State of California exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq.). 2.2 "Agency Board" shall have the meaning set tbrth in Section 1.5. 2.3 ''Agency Parcel" means the real property :Agency owns on Bay Boulevard south of Lagoon Drive, comprising approximately 3.65 acres, which is part of the Transfer Property shown on Exhibit B. 2.4 "Agreement" means this Development Agreement. 2 ~MEOOOOD.DOC 2.5 "Bayfront" means the property located in the City of Chula Vista, California, bounded by F Street and Lagoon Drive to the north, Interstate 5 to the east, J Street and Marina Parkway to the south, and the San Diego Bay to the west. 2.6 "BFG" means Rohr, Inc., operating as BFGoodrich Aerospace Aerostructures Group, a Delaware corporation and ~vholly owned subsidiary of The BFGoodrich Company. 2.7 "BFG Land" shall have the meaning set forth in Section 1.2. 2.8 "CEQA" shall mean the California Environmental Quality Act, Public Resources Code Section 21000 et seq. 2.9 "City" means the City of Chula Vista, a municipal corporation having charter powers. 2.10 "City~Agency" means the City and the Agency. 2.11 "City Council" means the City Council of the City of Chula Vista. 2.12 "Development Agreement" means this Development Agreement. 2.13 "Development Agreement Statute" means Title 7, Chapter 4, Article 2.5, Sections 65864 through 65869.5 of the Government Code. 2.14 "Development Agreement Statute Rights and Obligations" shall have the meaning set forth in Section 6.10. 2.15 "Easement Area" shall have the meaning set forth in Section 4.9.1(b). 2.16 "Effective Date" means the "Closing Date" under the Relocation Agreement which is If the Closing Date does not occur under the Relocation Agreement for any reason whatsoever, this Agreement shall have no force and effect. 2.17 "Entry Statement" shall have the meaning set forth in Section 4.9.1 (b). 2.18 "Existing Campus" means that certain real property in the City of Chula Vista owned or leased by BFG on which BFG currently operates a manufacturing facility. 2.19 "Existing Permitted Uses" means all uses for which the Existing Campus is currently used that are consistent and in compliance with the Rules, Regulations and Official Policies applicable to the Existing Campus as of the Effective Date, including, without limitation, manufacturing and related operations (including all activities associated with the research, development, manufacture, assembly, processing, testing, servicing, repairing, storage and/or distribution of products and component parts and all activities incidentaI thereto), accessory uses and buildings (including off-street parking and loading facilities, administrative, executive and financial offices and incidental services, such as restaurants to serve employees) and all other uses of the same general character as the foregoing; provided, however, that nothing herein shall be construed to permit any uses which are inconsistent with public health and safety. 3 -ME0000D.DOC 2.20 "Existing Rules, Regulations and Official Policies" means all Rules, Regulations and Official Policies existing and in effect as of the Effective Date. 2.21 "General Plan" means the City of Chula Vista General Plan. 2.22 "Interim Use Period" shall have the meaning set forth in Section 4.9. l(a). 2.23 "New Campus" means the BFG Land and the Transfer Property as shown on Exhibit A and more particularly described in Exhibit B. in the event BFG elects to close pursuant to the Relocation Agreement without receiving title to (or a possessory interest in) one or more of the properties comprising the Transfer Property, the New Campus shall not include such properties unless title to (or a possessory interest in) such properties is subsequently acquired, in which event such properties shall be included in the definition of the New Campus for purposes of this Agreement. 2.24 "New Rules" shall have the meaning set forth in Section 4.3. 2.25 "Option Notice" shall have the meaning set forth in Section 4.9.1. 2.26 "Original Purchase Price" shall have the meaning set forth in Section 4.9. l(c)(1). 2.27 "Planning Commission" means the Planning Commission of the City of Chula Vista. 2.28 "Planning Director" means the Planning Director of the City of Chula Vista. 2.29 "Port" means the San Diego Unified Port District formed pursuant to the San Diego Unified Port District Act, Harbors and Navigation Code App. 1, §§ 1 et seq. 2.30 "Project Approvals" means all special use permits, owner participation agreements, design review approvals, parcel maps, tentative and final subdivision maps, environmental approvals (including CEQA approvals), lot line adjustments, building permits, grading permits, preliminary and final development plans, certificates of occupancy and all other land use, environmental and building approvals, permits and entitlements required for the development of the New Campus in accordance with the applicable Rules, Regulations and Official Policies. 2.31 "Rados Option" shall have the meaning set forth in Section 4.9.1(c). 2.32 "Rados Option Purchase Price" shall have the meaning set forth in Section 4.9.1 (c)(1). 2.33 "Rados Option Term" shall have the meaning set forth in Section 4.9.1(c)(2). 2.34 "Rados Parcel" means the land currently owned by Rados Bros. and located at the comer of Bay Boulevard and Lagoon Drive, comprising approximately 3.02 acres, which is part of the Transfer Property shown on Exhibit A 2.35 "Relocation Agreement" shall have the meaning set forth in Section 1.3. ~MEOOOOD.DOC 2.36 "Rules, Regulations and Official Policies" means the City and Agency roles, regulations, ordinances, laws, general or specific plans, zoning, and official policies governing development, design, density and intensity of use, permitted uses, growth management, environmental review, construction and building standards and design criteria relating to development or use of real property and applicable to the New Campus; these include, without limitation the General Plan, the Chula Vista Local Coastal Program Land Use Plan, approved on October 13, 1992 by Ordinance No. 2532 and certified by the California Coastal Commission on January 15, 1993, the Specific Plan, and the Redevelopment Plan, Chula Vista Bayfront Redevelopment Project, dated June 24, I974, as amended consistent with the terms of this Agreement. 2.37 "Specific Plan" means the Chula Vista Local Coastal Program Implementation Plan contained in Chula Vista Municipal Code Chapters 19.8 l through 19.87, as amended consistent with the terms of this Agreement. 2.38 "Term" shall have the meaning set forth in Section 6.1. 2.39 "Transfer Property" shall have the meaning set forth in Section 1.2. Section 3. Conflicts of Law. 3.1 Conflict of City and State or Federal Laws. In the event that state or federal laws or regulations enacted after the Development Agreement Effective Date prevent or preclude compliance with one or more provisions of this Agreement or require changes in the Project Approvals, each party shall provide the other party with written notice of such state or federal law or regulation, a copy of such law or regulation and a statement concerning the conflict with the provisions of this Agreement. The parties shall, ~vithin thirty (30) days, meet and confer in good faith in a reasonable attempt to modif~ this Agreement to comply with such state or federal law or regulation. 3.2 Cooperation in Securing Permits. The City/Agency, without the obligation to incur costs, shall cooperate with BFG in the securing of any permits which may be required as a result of modifications or suspensions made pursuant to Section 3.1 hereof. Section 4. Development of the New Campus. 4.1 Existing Permitted Uses. Provided that BFG is not in default under this Development Agreement or the Relocation Agreement (excepting minor or inconsequential matters not affecting the substance of these agreements), and subject to the terms and conditions set fbrth in this Agreement, BFG shall have the vested right to implement all Existing Permitted Uses on the New Campus. 4.2 Permitted Density and Maximum Height and Size of Structures. The maximum density or level of intensity of BFG's development of the New Campus shall be that allowed pursuant to the Project Approvals. The maximum height and size of structures to be constructed upon the New Campus shall be that allowed pursuant to the Project Approvals. -MEOOOOD.DOC 4.3 Application of Subsequently Enacted Rules, Regulations and Official Policies. The City or Agency may adopt new or modified Rules, Regulations, and Official Policies after the Effective Date ("New Rules") that shall be applicable to the New Campus, but such New Rules shall only be applicable to the extent that they do not conflict with the Existing Rules, Regulations and Official Policies, and only if their application will not materially modify, prevent or impede the Permitted Uses or materially impair any of the rights granted BFG under the Relocation Agreement or this Agreement. Any such New Rules that materially limit or restrict the rate or timing of development of Permitted Uses on the New Campus shall be presumed to conflict with the Existing Rules, Regulations and Official Policies. Provided, however, that this shall not preclude the application to the New Campus of such subsequently enacted New Rules that are (a) specifically mandated and required by changes in state or federal laws or regulations adopted after the Development Agreement Effective Date as provided in Government Code Section65869.5; (b) specifically mandated and required by a court of competent jurisdiction; (c) changes to Uniform Building Code and similar safety regulations that may change from time to time; or (d) required as a result of facts, events or circumstances presently unkno~vn or unforeseeable that would have a material adverse impact on the health or safety of the surrounding community, all of which shall be allowed and shall be applicable to development on the New Campus after the Effective Date. 4.4 Infrastructure, Fees, Conditions and Dedications. City/Agency shall use best efforts to minimize or eliminate any City/Agency imposed public fees, dedications, exactions or costs (including, without limitation, development fees, infrastructure fees, or processing fees) that could be incurred by BFG in connection with relocation of its operations or additional development of the New Campus in accordance with Existing Rules, Regulations and Official Policies or that would other~vise result from such relocation, consolidation, and the installation of relocation and consolidation-related New Campus improvements. 4.5 Project Approvals. In connection with the Relocation and any New Campus development, BFG shall be obligated to obtain any and all permits required under the Existing Rules, Regulations and Official Policies, including, without limitation, any and all permits required for open storage. ("Project Approvals"). City/Agency shall use its best efforts promptly to process and implement all Project Approvals reasonably necessary to implement the BFG Relocation to the New Campus and to fulfill the goals, objectives, policies and plans shown and described in this Development Agreement consistent with Existing Rules, Regulations and Official Policies. All permits to which the Bayfront Specific Plan/Coastal Development Application Permit Procedures Manual (adopted by Agency Resolution No. 624 on September 10, 1985), is applicable as of the Effective Date (including architectural design, site plan, conditional use and coastal permit development proposals) shall be processed in accordance with such procedures manual. City/Agency shall cooperate and diligently work to process to completion any Project Approvals (including any and all initial studies and environmental assessments and analyses (if any) required under CEQA) which are required by law in connection with the relocation and consolidation of BFG's operations and implementation of the Permitted Uses on the New Campus. Such cooperation shall include, without limitation: a) Scheduling, convening and concluding all required public hearings; and b)Processing in an expeditious manner and in accordance with Existing Rules, Regulations and Official Policies all applications for Project Approvals. City/Agency shall retain its discretionary authority as to Project Approvals, provided, however, such approvals shall be regulated by the Existing Rules, Regulations and Official Policies and New Rules allowed under Section 4.3 above. -MEOOOOD.DOC 4.6 Life of Subdivision Maps. Pursuant to Government Code section 66452.6(a), the term of any tentative map for any subdivision, resubdivision of the New Campus or amendment to any such tentative map (including any lot line adjustment or merger of lots within the tentative map) or any other tentative map or parcel map filed subsequent to the Development Agreement Effective Date shall automatically be extended for the Term. 4.7 Other Governmental Permits and Fees. BFG shall apply in a timely manner for such other permits and approvals as may be required by other governmental or quasi-governmental agencies having jurisdiction over the implementation of any aspect of the Permitted Uses on, or provision of services to, the New Campus (including, without limitation, districts and special districts providing flood control, sewer, water and/or fire protection and agencies having jurisdiction over air quality, solid wastes, and hazardous wastes and materials). City/Agency shall cooperate with BFG in its efforts to obtain such permits and approvals and City/Agency shall use its best efforts to work with other governmental and quasi-governmental agencies so as to limit to the extent possible the imposition of additional conditions, fees, dedications or exactions by or through such agencies; provided, however, in no event shall the obligations hereunder require City/Agency to incur out-of-pocket costs. 4.8 Cooperation in the Event of Legal Challenge. In the event of any legal or equitable action or other proceeding instituted by a third party challenging the validity of this Development Agreement or any provision hereof, the parties shall cooperate in defending said action or proceeding; provided, however, BFG shall be solely responsible for costs incurred in such defense. 4.9 BFG Obligations. In consideration of City/Agency agreements under the Relocation Agreement and this Agreement, BFG agrees as follows: 4.9.1 Rados/Agency Parcels Use and Development. (a) Temporary Use for Parking and Open Storage. BFG shall not be prevented by the City/Agency from utilizing the Rados and Agency Parcels for parking and the Agency Parcel for open storage for a period of six (6) years after the Effective Date of this Agreement (the "Interim Use Period"). However, BFG shall be required to obtain all appropriate permits from the City/Agency in order to allow open storage and parking on the Agency Parcel and parking on the Rados Parcel, and City/Agency retains the right to impose reasonable conditions on such uses. During the Interim Use Period, BFG agrees to use its best eftbrts (a) to minimize and screen open storage of equipment and materials, and (b) not to use the perimeter of the New Campus for open storage. BFG agrees not to use the Rados Parcel for open storage at any time and acknowledges and agrees that such use shall not be permitted. (b) City Easement for Enhanced Landscaping and Entry Feature at Northeast Corner of Rados Parcel. Prior to the Closing, City/Agency shall be granted an easement over a portion of the Rados Parcel as identified on Exhibit F to the Relocation Agreement ("Easement Area"). The easement shall be for the installation and maintenance of a Bayfront Redevelopment Project Area "entry statement" which may include enhanced landscaping, water features, statuary, monument signs and/or other quality architectural features ("Entry Statement"). City/Agency shall bear the construction and maintenance costs of the Entry Statement. Prior to City/Agency installation of an Entry Statement, BFG shall bear all costs related to improvements or maintenance 7 -ME0000D.DOC ? of the Easement Area. In the event that a BFG Development Project or City/Agency proposal for an Entry Statement requires an adjustment to the Easement Area, the parties agree to meet and confer with the goal of developing a mutually agreeable adjustment that ~vould reasonably accommodate each party's development needs. (c) Agency Option to Reaquire Ratios. In the event that by the end of the Interim Use Period, BFG has not committed to the development of the Rados Parcel into a permanent use that is integrated with an industrial and/or office development project on the New Campus, Agency shall have the option ("Rados Option") to reacquire the Rados Parcel on the terms and conditions set forth below: (1) Purchase Price. The Rados Option purchase price ("Rados Option Purchase Price") shall be the sum of (1)$1,052,409, (the "Original Purchase Price"); (2) six percent (6%) of the Original Purchase Price multiplied by the number of years BFG o~vns the Rados Parcel prior to Agency exemise of the Rados Option; and (3) the County's then most recent appraised value of any improvements installed on the Rados Parcel. (2) Option Term. If the Rados Option is triggered (as provided above), the Rados Option Term ("Rados Option Term") shall commence upon the expiration of the lnterim Use Period and shall expire on the date falling five (5) years thereafter. Notwithstanding the foregoing, the Rados Option shall terminate prior to the expiration of the Rados Option Term in the event that (i) BFG requests in writing that the Agency purchase the Rados Parcel for the Rados Purchase Price and the Agency fails to exercise the Rados Option pursuant to Section4.9.1(c)(3) within sixty (60) days after such request; or (ii) during the Rados Option Term, Agency approves an Owner Participation Agreement for the development of the Rados Parcel. (3) Option Exercise. Agency shall exercise its option rights hereunder by notifying BFG in writing of its intent to do so ("Option Notice''). The parties shall then meet and confer to prepare all necessary conveyance documents on terms consistent with the terms hereof. The Rados Parcel shall be transferred in its then "as-is" condition. Agency shall bear all standard escrow costs. The transfer shall occur within ninety (90) days after the date of the Option Notice. The Rados Option Purchase Price shall be paid in cash at close of escrow. ~MEOOOOD.DOC (4) Retention of Rights. Notwithstanding the foregoing, BFG shall retain the right to convey the Rados Parcel to a third party at any time; provided, however, that the Rados Option to reacquire, unless previously terminated, shall run with the land and be binding upon such third party, in addition, City/Agency shall retain the right to reacquire the Rados Parcel at any time pursuant to its powers of eminent domain. 4.9.2 No Challenges; Cooperation. BFG shall not oppose, challenge or seek conditions or mitigation measures in connection with land use permits and other approvals necessary for development of projects proposed within the Bayfront Redevelopment Project Area consistent with, or less impactive than, the Existing Rules, Regulations, and Official Policies applicable thereto. In addition, BFG shall reasonably cooperate with City/Agency in its processing, approval and implementation of adjacent developments to the extent necessary and reasonable to encourage land use, infrastructure and traffic compatibility. Notwithstanding the foregoing, BFG shall reserve the right to oppose, challenge or seek conditions or mitigation measures in connection with any project or activity that has a material, adverse impact on the uses or operations of the New Campus, provided, however, that this shall not include a right to challenge based upon market competition. 4.9.3 New Campus Master Plan. BFG agrees to submit to the City/Agency a master plan for the ultimate development of the New Campus showing vertical improvements prior to processing permits for such improvements. Section 5. Default, Remedies and Termination. 5.1 General Provisions. In the event of a default or breach of this Agreement or of any of its terms or conditions, the party alleging such default or breach shall give the defaulting party not less than thirty (30) days notice of default in writing, unless the parties extend such time by mutual consent in writing. The time of notice shall be measured from the date actually delivered in accordance with Section 6.7. The notice of default shall specify the nature of the alleged default, and, where appropriate, the manner and period of time in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such 30- day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. During any period of curing, the party charged shall not be considered in default for the purposes of termination or institution of legal proceedings. If the default is cured, then no default shall exist or be deemed to have existed and the noticing party shall take no further action. (a) Option to Institute Legal Proceedings or to Terminate. After proper notice and the expiration of said cure period, the noticing party, at its option, may institute legal proceedings or give notice of intent to terminate this Agreement by certified mail. Written notice of termination of this Agreement shall be effective immediately upon delivery to the defaulting party. Failure or delay in giving notice of default pursuant to this Section 5 shall not constitute a waiver of ~MEOOOOD.DOC any default. Except as otherwise expressly provided in this Agreement, any failure or delay by the other party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 5.2 Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, the parties shall not be in default where delays or defaults are due to an act of God, natural disaster, accident, breakage or failure of equipment, third-party litigation, strikes, lockouts or other labor disturbances or disputes of any character, interruption of services by suppliers thereof, unavailability of materials or labor, rationing or restrictions on the use of utilities or public transportation whether due to energy shortages or other causes, war, civil disturbance, riot, or by any other severe and unlbreseeable occurrence that is beyond the control of that party. 5.3 Institution of Legal Action. In addition to any other rights or remedies, either party may institute a legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein or to enjoin any threatened or attempted violation thereof, to recover damages for any default, or to obtain any remedies consistent with the purpose of this Agreement. Section 6. General Provisions. 6.1 Duration of Agreement. The term of this Agreement shall commence upon the Effective Date and shall expire on the earlier to occur of (a) the twentieth anniversary thereof, or (b) the material, uncured default by BFG under the Relocation Agreement or a transfer without the approval of the City/Agency pursuant to Relocation Agreement Section 9.17 ("Term"), unless extended by mutual agreement of the parties in writing. The expiration of this Agreement shall not affect any rights of BFG arising from the Project Approvals. 6.2 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time by the mutual consent of the parties hereto but only in the same manner as its adoption by an ordinance as set forth in Government Code Sections 65867, 65867.5 and 65868. The terms "Agreement" or "Development Agreement" used herein shall include any such amendment properly approved and executed. Any amendment to this Agreement which does not relate to the Term, Permitted Uses, provisions for reservation and dedication of land, or conditions, terms, restrictions and requirements relating to subsequent discretionary actions, or conditions or covenants relating to the use of the New Campus shall not require notice or public hearing pursuant to Government Code Sections 65867, 65867.5 and 65868. Any amendment of the Project Approvals pursuant to Section 6.3 of this Agreement shall not require an amendment to this Agreement. For purposes of this Agreement, the resubdivision of the New Campus or the filing of an amended subdivision map which creates new legal lots (including the creation of new lots within any designated remainder parcel) or which reflects a merger of lots, shall not require an amendment to this Agreement. Those Project Approvals which are consistent with the General Plan and Specific Plan shall also not require an amendment to this Agreement. This Agreement may be canceled and terminated at any time by mutual consent of the parties. 6.3 Amendment of Project Approvals. Upon the written request of BFG for a minor amendment or modification to the Project Approvals including, but not limited to: (a) the location of 10 -ME0000D.DOC buildings, streets and roadways and other physical facilities, or (b) the configuration of the parcels, lots or development areas, the Planning Director shall determine whether the requested amendment or modification is consistent with this Agreement, the General Plan, the Specific Plan and the Rules, Regulations and Official Policies. For purposes of this Agreement, the determination of whether such amendment or modification is minor shall be made by reference to whether the amendment or modification is minor in the context of the overall project, if the proposed amendment is both minor and consistent with this Agreement and the Rules, Regulations and Official Policies, the Planning Director may approve the proposed amendment without notice and public hearing. For purposes of this Agreement and notwithstanding any City/Agency ordinance or resolution to the contrary, lot line adjustments shall be deemed minor amendments or modifications. 6.4 Binding Effect of Agreement. Throughout the Term, the provisions of this Agreement shall constitute covenants or servitudes which shall run with the land comprising the New Campus. 6.5 Time of the Essence. Time is of the essence of each and every obligation of the parties under this Agreement. 6.6 Independent Contractors. Each party is an independent contractor and shall be solely responsible for the employment, acts, omissions, control and directing of its employees. Except as expressly set forth herein, nothing contained in this Agreement shall authorize or empower any party to assume or create any obligation or responsibility whatsoever, express or implied, on behalf of or in the name of any other party or to bind any other party or make any representation, warranty or commitment on behalf of any other party. 6.7 Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person, sent by certified mail, postage prepaid or sent by a nationally recognized overnight courier that provides documentation of delivery. Notices to City shall be addressed as follows: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager With a copy to: City Attorney Notices to Agency shall be addressed as follows: Redevelopment Agency of the City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Community Development 11 -ME0000D.DOC Notices to BFG shall be addressed as follows: BFGoodrich Aerospace Aerostructures Group 850 Lagoon Drive Chula Vista, CA 91910-2098 Attn: Art Sellgren With a copy to: BFGoodrich Aerospace Aerostructures Group 850 Lagoon Drive Chula Vista, CA 91910-2098 Attn: Group Counsel And a copy to: McCutchen, Doyle, Brown & Enersen 1331 N. California Blvd., Suite 600 P.O. Box V Walnut Creek, CA 94596 Attn: Geoffrey L. Robinson A party may change its address by giving notice in writing to the other party in the manner provided above. Thereafter, notices, demands and other correspondence pertinent to this Agreement shall be addressed and transmitted to the new address. 6.8 Rules of Construction. The singular includes the plural; "shall" is mandatory, and "may" is permissive. Section headings are for reference purposes only and shall not be used to interpret this Agreement. Section references shall be deemed to refer to sections of this Agreement unless otherwise specified. 6.9 Severability. If any provision of this Agreement is held invalid, void or unenforceable but the remainder of the Agreement can be enforced without failure of material consideration to either party, then this Agreement shall not be affected and it shall remain in full force and effect, unless amended or modified by mutual consent of the parties. Provided, ho~vever, that if the invalidity or unenforceability of any provision of this Agreement results in a material failure of consideration, then the party adversely affected thereby shall have the right in its sole discretion, to terminate this Agreement upon providing written notice of such termination to the other parties. 6.10 Entire Agreement, Waivers, Amendments. This Agreement constitutes the entire understanding and agreement of the parties with respect to the rights and obligations conferred or assumed hereunder pursuant to the Development Agreement Statute ("Development Agreement Statute Rights and Obligations"). This Agreement integrates ali of the terms and conditions mentioned herein or incidental hereto, and supersedes any and all prior versions or drafts of this or any other agreement and all negotiations or previous agreements relating to the Development Agreement Statute Rights and Obligations. To the extent of any inconsistency between this Agreement and the Relocation Agreement with respect to the Development Agreement Statute Rights and Obligations, the provisions of this Agreement shall control. To the extent of any -MEOOOOD.DOC inconsistency between this Agreement and the Relocation Agreement with respect to any matters other than the Development Agreement Statute Rights and Obligations, the provisions of the Relocation Agreement shall control. All waivers of the provisions of this Agreement must be in writing and signed by authorized representatives of the party to be charged with such waiver. The waiver by any party of any term, covenant, agreement or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement or condition, nor shall any custom or practice which may grow up among the parties in the administration of this Agreement be construed to waive or lessen the right of any party to insist upon performance in strict accordance with all of the provisions of this Agreement. 6.11 Further Action. Each party agrees to take all further actions reasonably necessary to implement this Agreement. 6.12 Exhibits Incorporated. The following documents are referred to in this Agreement, and attached hereto and incorporated herein as though set forth in full: Exhibit Designation Descriptions A Map of the New Campus B Legal Description of the New Campus Property 6.13 Project is a Private Undertaking. It is understood and agreed to by and between the parties hereto that: (a) any development by BFG of the New Campus shall be a private development; (b)the City/Agency has no interest or responsibilities for or duty to third parties concerning any improvements until such time and only until such time that the City/Agency accepts the same pursuant to the provisions of this Agreement or in connection with any subdivision map approvals; (c) BFG shall have full power over and exclusive control of the development of the New Campus subject only to the limitations and obligations of BFG under this Agreement; (d)the contractual relationship between the City/Agency and BFG is such that BFG is an independent contractor and not an agent of'the City/Agency; and (e) nothing in the Agreement is intended or shall be construed to create or reflect any form of partnership or joint venture between the parties. 6.14 Findings in Support. City, through its City Council, hereby finds and determines that the execution of this Agreement is in the best interests of the public health, safety, and general welfare and that the provisions of this Agreement are consistent with the General Plan and the Specific Plan. 6.15 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. ~MEOOOOD.DOC IN WITNESS WHEREOF, this Agreement has been executed by the parties effective as of the day and year first above written, as authorized by Ordinance No. of the City Council. City: CITY OF CHULA VISTA, a municipal corporation By: Mayor Agency: REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a redevelopment agency By: Chair BFG: ROHR, INC., operating as BFGOODRICH AEROSPACE AEROSTRUCTURES GROUP, a Delaware corporation and wholly owned subsidiary of THE BFGOODRICH COMPANY By: Name: Its: APPROVED AS TO FORM CITY ATTORNEY By: City Attorney -MEOOOOD.DOC Exhibit A Map of the New Campus Exhibit B Legal Description of the New Campus Property 1. Agency Parcel 2. Rados Parcel 3. Port Parcels 4. SDG&E Parcel 5. MTDB Parcel 6. BFG Land