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Home My WebLink About2010/01/12 Additional Information :I"\e"--l. \, COUNCIL UPDATE 12 January 2010 RE EXCHANGE AGREEMENT / CALIFORNIA STATE LANDS EXCHANGE AGREEMENT /10- YEAR LEASE - SOUTH BAY SUB STATION SITE . Exchange agreements approved at 1/5/09 Board Meeting. . Agreements facilitate replacement of South Bay Substation to a site in southernmost portion of Otay District of CYBFMP. . SDG&E's execution in keeping with necessary actions post SBPP oecom/demo and the terms of MOU with City of October, 2004. . Close of escrow and ultimate replacement contingent on conditions including: I. SLC approval 2. CPUC approval/Permit to Construct 3. Port/SDG&E agreed decommissioning and demolition plan for substation and transmission and distribution facilities 4. Removal of RMR from SBPP Sub station demolition occurs after completion of new substation and transfer of transmission lines. Timeframe from slart of construction through demolition of old substation is approximately three years. PENDING CVBFMP RELATED BOARD ACTIONS 02 February 2010 Board Mtg LAND EXCHANGE AGREEMENT / PACIFICA . Comprehensive Appraisal complete / Data received by Port end of December 09 Appraisal positive for public trust / supports Land Exchange I. Port related infrastructure guarantees 2. Project performance timeframes / guarantees . SECOND AMENDMENT TO RELOCATION AGREEMENT . Port acquisition options Cooperative Remediation Agreement (District / BFG / City/RDA) . CYBFMP AGREEMENT AND ENTITLEMENT TIMELlNE " ' ~I ~u ~~~~~~~~"~~\t~~ Q~@~~~~~~'\f ~~~~~~~.~ ~Il\m:llll'l MARl( !:IIRI\i1'IlI'~\:R I}. WREN!:\: qM\N~~MW 'J..:~I\Il I 'O~~~~ "'" DI\NNY VlttA~P~:to. { \"-7~~ .'. " ~'. """"""'" ,..-,'t.;; " ," , ..Ft . ~~ f~' " ~'.' I / t', "~'// /~ ,. IM~Y BQBNS:::.6.--- ~~. 00 . 0 0' ~l\!1lil(!0\1!J1ffil~ C!fJ~\I!J1ill@::Eil- ~~lfu~ ~11\ll!!~\!lllID.@ll ~Wlllifu1mIDl1lm.! ~\!lt!ID\lXIDl.)~ _fITil!l~~ aTr/l '"('''-1 (1'('1' .\ I....., 1\ r ' I...:. ,.,',j('[j \lt~ j 0>" 0..:... ,-t'\T\ ,'.' :,1 '\ Y)/l,:;, :\~;~i:y\\r,:iy it~rT'f ' < ~\.I ;1:.": f~' I'"~ l' ," TJ, 1"fP ,!;U,,:L' lX,,, ,I,I'J'.'H)iJjj dl\ -{ I,-"If \\<In"~\ " ' '_ ; c \ ~\ _.~.' ~ . . . S".'1I' _'1'- \, 'J} ~~@~ "."'~\\l'.fr" \"".\;f, .'1;y\,\ (\\\-~ ,i,\t. \.,~~..\,Yl,,: ,;:..;' ,'.';,,",1 ,\1,' .U,' " ' ) 1. :,'\" "" \~ b~~ ~~~o~o ~~~~~~~~~o~~~~~~ ~~~~~~~~~~~W ~~~~~~~~~~o~o ~~~~$n:~>> ~~w ~~M~~~~<< ~:~~~~~$T~~~>>~~~:~~ U~~~~~~~:~~:~: QM~~m~~~w ~:~11Il r ~~>>M FEATURING MARK CHRISTOPHER LAWRENCE DANNY VILLALPANDO JIMMY BURNS VICKI BARBOLAK , II :1 :;....-- CASH ONLY ACCEPTED GENERAL ADMISSION SEATING FREE PARKING REFRESHMENTS AND SNACKS AVAILABLE BEFORE AND AFTER THE EVENT ~ 'l'U:I<I:1'8 S21J ~\I)W\N(:I: 825 ~\TTIU: lJ(um TICKET SALES LOCATIONS AND TIMES i-- EVENT LOCATION I DATE AND TIME 1 I I i -- -l Bonita Vista High School Band Bonita Vista High School ! December 18th I Comedy Event Ticket Sales at 751 Otay Lakes Rd., 5:00 pm - 7:00 pm ! L the Gym Entrance Chula Vista, CA 91913 I j Bonita Vista High School Band Bonita Vista High School i I January 8th I Comedy Event Ticket Sales at 751 Otay Lakes Rd., I t the Gym Entrance Chula Vista, CA 91913 5:00 pm - 7:00 pm I .._..J Bonita Vista High School Band Bonita Vista High School January 15th Comedy Event Ticket Sales at 751 Otay Lakes Rd., the Gym Entrance Chula Vista, CA 91913 5:00 pm - 7:00 pm , I --I Bonita Vista High School Band I Bonita Vista High School January 22nd Comedy Event Ticket Sales at I 751 Otay Lakes Rd., the Gym Entrance Chula Vista, CA 91913 I 5:00 pm - 7:00 pm , , Doors open at 6:00pm. Mark Chistopher Lawrence will be available for photos and autographs after the show. All proceeds will benefit the Bonita Vista High School Band and Color Guard. All Comedians have generously donated their time in effort to support BVHS Band. Tickets will also be available at the door for $25. Ticket Information Hotline: (ffi~ ~o(ffi~(O)o~~(ffiff BOARD PLANNING RETREAT DECEMBER 2009 . Board required to re-asses I prioritize CDP objectives within approximately $24.5M available to fully fund projects for inclusion as Pending Capital Development Projects. This amount is slightly less than funding adopted as part of the FY 09/1 0 component of the 2009-2013 Capital Development Program as a whole. . Retreat was publicly noticed board meeting to asses I focus CDP priorities but was not a decision point or vote. Preliminary Budget Briefings for commissioners are scheduled for April 2010, with a Commission Budget Workshop on April 29'h. . Port staff made recommendations as to project ranking. From a top tier of first priority projects consisting of $14.6M of commitments, some $9.6M is CVBF related items. They include: 1. Marina Parkway Realignment (Required by 1999 Relocation Agmt) $2.9M 2. C.V. Filling of"L" Ditch (Site Implementation Agreement) 4.7M 3. Advancing funding for CV Master Plan Studies I Prof. Srvs. 2.0M . Board discussion and ranking indicated priorities for the board as a whole largcly reflected or resembled staff s rankings, with some minor distinctions. SBPP . SBPP lease with the Port extends to the latter of three benchmarks: End of initial term, payment of bonds used for purchase and acquisition costs, removal of RMR status. . Port anticipates likely removal of RMR from remaining turbines sometime in calendar 2010. The decommission I cease of operations and deconstruction arc two related but distinct processes. . Port's lease provisions include receipt ofrent post bond payment. . There is and will be NO lease extension. . Port I Dynegy are completing second round of appraisal process in light of CAL ISO actions on two of the four turbines, to determine ground I improvements rent 2 . Once RMR is removed from remaining two turbines, Dynegy will pay ground rent only until completion of demolition. THE PORT HAS TAKEN AND IS UNDETAKlNG THE FOLLOWING STEPS IN ATNlClPATlON OF DECOMISSlONING / DECONSTRUCTION: 1. Port has officially noticed Dynegy to decommission units 3&4, consistent with Port's End ofTerrn obligations. This notification / demand prevents Dynegy from re-activating those units under any circumstances without RMR status. 2. Port has requested Dynegy begin process for preparing decommission demolition project plan for entire facility. Port staff will bring RFP for environmental review consultants to board in March or April of this year. 3. Port anticipates initiating environmental review for demolition by July of this year. Environmental review and certification process is estimated to take between 12 and 18 months once initiated. , , , , CI-IULA VISTA NATURE CENTER . Support secured from Board Chair, Environmental Cmtee Chair, & Pres/CEO to examine / create process to discuss long-term value of CVNC as a regional, bay-wide, Port-wide asset. . Objective is to produce some ultimate recommendations on closer collaboration / participation by the Port with the center. . Port and City staff met in December to begin broader dialogue. . Will seek to get this as topic for evaluation and for possible recommendations at port environmental committee. COMMITTEE ASSIGNMENTS 2010 Board Secretary Environmental Committee Maritime Committee Public Art Committee Audit Advisory Committee Compensation Advisory Committee Alternate, SANDAG Board of Directors, Regional Planning Committee 3 Attachment to Agenda Sheet No, 20 Attachment to Agenda Sheet No. :J,f) SAN DIEGO UNIFIED PORT DISTRICT San Diego, Ca ',-- &JdJJi'j' @Il&@@ @dJ fJ" -- _-:-~~-~~:-.~.:.:,:. . . - . . . . . . . . . . . . . . , 'J' . , . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ............ o. . . . . . . . . . . . . "N.""... . .... ............ . . . .~. . . . . . .Of ..~. .. '" ~ ~ , . \; ; ?li~of.>'" ',-, San Diego Unified Port District Board Meeting - January 5, 2010 .'--.- '-..-. ''--.- Attachment to Agenda Sheet No. 20 REAL ESTATE EXCHANGE AGREEMENT INFORMATION SUMMARY DISTRICT PROPERTY SDG&E PROPERTY Parties: San Diego Unified Port District via San Diego Gas & Electric Company State Lands Commission Property 12.42 acres 7.22 acre substation and 10.47 acre Exchanged: transmission and distribution area Consideration $7,030,000 property value $7,600,000 easement interest value of Value: Conditions Prior to closing of escrow, the following conditions precedent must be Precedent to satisfied and or waived by the respective parties: Closing: Ii) Both parties are able to acquire a title policy for their new property. (ii) The Real Estate Exchange Agreement, the SLC Exchange Agreement and the Lease must be approved by SLC. liii} There shall be no pending or threatened litigation, administrative proceedings. (iv) The District and SDG&E shall have delivered to Escrow Company all required closing deliverables required in the Exchange Agreement and performed all covenants and obligations of the parties. (v) There shall have been no material change in the condition of either Exchange Properties without written consent of the other party. (vi) SDG&E shall have received acceptable final decisions from the CPUC issuing the PTC and all other required permits for the New Substation. (vii) District and SDG&E shall have mutually agreed in writing upon a decommissioning and demolition plan for the Existing Substation and the Existing Transmission and Distribution Facilities. Iviii} The District and SDG&E shall have received evidence reasonably satisfactory to them that the "must run" status has been terminated from SBPP. (ix) SLC shall have taken all actions necessary to authorize the removal of the District Exchange Property from the public trust and delivered a quitclaim deed to Escrow. Deed N/A 5DG&E shall use the property for Restriction: utility purposes only and the property cannot be used for electric generation purposes. Reconveyance: Upon the property no longer being N/A utilized for a utility purpose the District reserves a right of reconveyance from SDG&E to District by quitclaim deed. Closing Costs: District and SDG&E agree to share in closing costs on a 50/50 basis SLC Processing District and SDG&E agree to share SLC processing fee equally up to a Costs: maximum aggregate amount of $30,000. Termination of If all conditions precedent have not been satisfied or waived by SDG&E Agreement: within five years of the agreements effective date the agreement will terminate. San Diego Unified Port District Board Meeting - January 5, 2010 Attachment to Agenda Sheet No. 20 LEASE INFORMATION SUMMARY Lessee: San Diego Gas & Electric Company, a California Corporation Location: North of SBPP and West of Bay Boulevard in the proposed Otay District of the Chula Vista Bayfront Area: 7.22 acres of land Use: Operation, maintenance, repair and removal of an electric substation Term: 10 years, commencing concurrently with }he close of escrow and the exchange of District and SDG&E property. Rent: Rent paid under the lease for lease year one through five is deemed prepaid from the excess consideration received by the District from the exchange of property. SDG&E will pay ramped up market rent beginning in lease year six through ten as follows: Lease Year 6 - $342,000 Lease Year 7- $513,000 Lease Year 8 - $684,000 Lease Year 9- $855,000 Lease Year 10 - $1,026,000 New SDG&E is required to diligently proceed with construction of the New Substation Substation and diligently prosecute such work to completion subject to Construction: the occurrence of a force majeure event. Demolition The lease requires SDG&E to prepare a decommissioning and demolition Plan: plan to be approved by the District in advance of demolition activities. Demolition: SDG&E is to demo all improvements in the substation including demolition of foundations to a depth of six feet. Environmental The parties agree to rely on the 1999 Asset Sale Documents concerning Obligations: any pre-existing contamination on the site. If contamination occurs during the term of the lease the obligations will be governed by the lease terms which require Lessee to remediate any contamination. '- ......-.- '- San Diego Unified Port District Board Meeting - January 5, 2010 CHULA VISTA BAYFRONT MASTER PLAN: NEGOTIATED AGREEMENTS & ENTITLEMENT SEQUENCE OUTLINE I. NEGOTIATED AGREEMENTS (2/2/09 If Finalized) A. Pacifica Land Exchange Agreement B. Approve 2nd Amendment to Relocation Agreement II. CVBMP ENVIRONMENTAL IMPACT REPORT (4/2/10) A. BOARD OF PORT COMMISSIONERS ACTIONS 1. Environmental Impact Report a. Certify EIR b. Adopt Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program 2. Agreements a. Approve Port/City Financing/MOU Agreements 3. Land Exchange a. Authorize Land Exchange/Jurisdictional Swap .conditioned on CCC appro va/ b. Direct Filing with State Lands Commission 4. Port Master Plan Amendment a. Select Project/Approve PMPA b. Direct Filing with Coastal Commission .conditioned upon SLC approval 5. Direct Filing of Notice of Determination B. CITY OF CHULA VISTA ACTIONS (summarized) 1. Approve Amendments to General Plan, Specific Plan, Local Coastal Plan 2. Approve Port/City Financing/MOU Agreements II. STATE LANDS COMMISSION (9/2010) A. Approve Land Exchange .conditioned upon Coastal Commission approval 1. Real Estate transaction held in escrow III. COASTAL COMMISSION A. Approve Amendments to Port Master Plan (1/2011) 1. Approval of land use designations only B. Approve Amendments to Port Master Plan and Local Coastal Plan (9/2011) .conditioned upon completion of rea/ estate transaction 1. Approval of project density/intensity IV. COMPLETION OF LAND EXCHANGE (10/2011) A. Escrow closes/real estate transaction complete B. Legislation bringing Trust Acquisition parcels into Port Tidelands passes v.122209 Project Name: Project No.: CDP Reference No.: Marina Parkway Realignment ~ reNDI N<'::s- 20 ~I ~ I: II Jl I L--.J L--.J L- I JC= INTERSTATE 5 Member City Chula Vista Project Sponsor: Real Estate History: Project approved at the February 7, 2006 COP workshop. ~ Description: This project is pursuant to the 1999 Relocation Agreement between 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 BF Goodrich Aerospace Aero-structures Group) which resulted in an expansion of the B.F. Goodrich Campus. The realignment allows the existing roadway to be vacated and turned over to Goodrich and provides a new roadway for improved access to and functional utility of the Goodrich campus. REALIGNMENT CHULA VISTA MARINA Benefit: Direct/Indirect Revenue Generation: Not applicable Revenue Protection: Not applicable Future Cost Reduction/Avoidance: Not applicable Public Benefit: Better utilization of tidelands space with more direct access to public parks and San Diego Bay and more efficient traffic circulation for the Chula Vista Bay front for all users. Operational Efficiency: Not applicable Regional/Member City Benefit: Infrastructure for Bayfront Master Plan -- development will eventually improve sales tax revenues for Chula Vista and the region. , , " , " , " , ",," ," "c<ll ,.' PROJECTED CAPITAL BUDGET Total Project Budget :=J. ---~-~--'- . Previous Disbursements $2,900,000 ~ ----- o --- I --.----.--- Cost Analysis: Increased operational expenses are anticipated to keep the pavement and other infrastructure improvements maintained. FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 Funds Required to Comple~J $160,000 $1,240,000 $1,500,000 Schedule: Design is scheduled to commence in FY2009; construction is scheduled FY2010- FY2011. $2,900,000 Doc #284297 San Diego Unified Port District 22 ~roj:ct ~a~~_~ I ~h~~:~:t~~~~:tion for the Filling of the L Ditch - J C="=-~:: Fn=,;~\S~r:::- !StaffRanking: 1~1fJdllr::lte PEND/'N& I (, !i~___L_'!1 00 ,,:,.,~-),-!:-- )------------..-------.---.----------------------------------------( I' Ii C " .---- ----- Ii II:::::::C~_~~_::._I ::~~.~ist:---------.----------..-------.------I ~/I~~~I)~~~j;~~~-'r\~1l~ !.ip-.rOJ.e-ct----s. po-'n~~~---I~e~~ Es~:te/E~~;~~~:ent~~------------.----------!.' I ,,.,;L~i[~--~~lT~ :::..w:==- II~ "-.;._",':':3 c' 'I~--o~" __,-_nC'I~ ," I .--~------~-----.-- ---.---___lli I'. '_-":___h-"-II'~;;; "-'-'~e.~ 1!~ I History: I !L.i ..~ -~;V,~--_o~;;;~~-:-il~.-~...:.i ,tT. I. $4.7 M FUNDED AT MARCH 3, 2009 BOARD MEETING (RESOLUTION 2009-44) i . 10,., '1------n~J MAR'NA I 'ARKWAY .... ~:~~~;:;~;;~;:;;; ~:~~:,~~:::~:~ ~::,~~~"~;"'" .ll:r-f~l..=t:;;.::.] I property in Chula Vista. I.. C!~~~cl?~~J__ ".,jQS,hi iJi)! Benefit: LD~-"7':'~~----u_.-u., SA'" lHfGO e~. Direct/Indirect Revenue Generation: Filling the ditch will create an additional 8 acres of land I I ! ~::~~~:o~~~~:~:~:o~~ean~p~i~~~~ at more than $10 million. 1___________~~.?:EC~E~-:~P:r:':~~-BU~~~~--n-----j i Future Cost Reduction/ Avoidance: Not applicable I T I .! i II Public Benefill,t: Rlestodration Offoff-slitedwetlands would have a greater environmental benefit than 1'__~~a__~~~ect__~Ud9_~_______~----!~~~~~'-0~-t~-~~,-08_~,OO?_n......i retaining sma ISO ate areas 0 wet an $. i I Operational Efficiency: Filling the ditch would add to the functional utility of the site by Previous Disbursements I , I eliminating this natural barner. 1--_____ ______[' ________n___________1 I Regional/Member City Benefit: Chuia Vista, very high economic Impact from developer fees I i I and taxes. ~~~==-.. FY-;OOgm---.. ~-L=-------=~==:-=~~:=~=:I I Schedule: Levels of contamination have been identified. I FY 2010 i . ....J I Cost Analysis: Wetlands Mitigation $2,000,000 to $3,000,000 1--- FY 2011 -1--- ------ --- I I Scrape & Fill 500,000 to 750,000, I . I Soft Costs 470,000 to 830,000 L FY 2012 I ' I Divert Drainage out of L Ditch 0 to 500 000 ! FY 2013 'I .--. Total Costs' $2,970,000 to $5,080,000 ~ . ; i 'Total costs exclude environmentai costs already budgeted elsewhere and subject to cost sharing I .--...----------....-- ...1. ---.-----------.....-----.-----.-.----.------..-..---....--- -- ---.-----i I 'I, Ii,. ! with Rohr Ine. _ Doc #394504