HomeMy WebLinkAboutRDA Reso 2010-2020RDA RESOLUTION NO. 2010-2020
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING AN
AGREEMENT WITH OPPER AND VARCO LLP PROVIDING
LEGAL SUPPORT IN THE IMPLEMENTATION OF THE
COOPERATIVE REMEDIATION AGREEMENT, THE
POLANCO REDEVELOPMENT ACT AND NEGOTIATIONS
WITH THE SAN DIEGO REGIONAL WATER QUALITY
CONTROL BOARD AND OTHER RELATED WORK IN
CONJUNCTION THEREWITH AS DETERMINED BY THE
AGENCY'S GENERAL COUNSEL
WHEREAS, in 2002, Port, City and Agency joined together to create a master plan for
the approximately 556-acre Chula Vista Bayfront located in the City on the southeastern edge of
San Diego Bay, surrounding the new Goodrich campus; and
WHEREAS, said master plan is commonly known as the Chula Vista Bayfront Master
Plan (CVBMP) and Port Master Plan Amendment (PMPA); and
WHEREAS, the CVBMP and PMPA are the subject of the Revised Draft Environmental
Impact Report (UPD # 83356-EIR-658; SCH # 2005081077) (DEIR); and
WHEREAS, the Port and City/Agency aze the Lead Agency and the Responsible
Agencies, respectively, as those terms aze defined in California Public Resources Code §§ 21000
et seg.; and
WHEREAS, a component of the CVBMP may include a proposed exchange of land
owned by the Port commonly known as Pazcels HP-5, H-13, H-14 and H-15; and
WHEREAS, as described in the DEIR, a portion of Parcels HP-5, H-13 and H-14 are
designated for residential use consisting of up to 1,500 multi-family units; and
WHEREAS, Goodrich has expressed its opposition in principle to the CVBMP or any
other land use designation that may have the potential to create incompatibilities between
residential development and Goodrich's manufacturing and related operations, and
inconsistencies between the proposed residential development and provisions of the Relocation
Agreement; and
WHEREAS, the parties proposed entering into a Cooperative Remediation Agreement
(CRA) for the purpose of addressing the environmental contamination identified in Cleanup and
Abatement Order No. 98-08 issued by the San Diego Regional Water Quality Control Boazd
(RWQCB); and
WHEREAS, the Agency through the use of Polanco will seek liability protection,
immunities and/or other assurance from the RWQCB that will protect future users, owners,
operators and lenders who participate in the redevelopment of the Chula Vista Bayfront; and
RDA Resolution No. 2010-2020
Page 2
WHEREAS, being uniquely qualified in the disciplines of environmental and
redevelopment law, Attorney Richazd G. Opper of Opper and Vazco LLP, has been instrumental
in assisting staff in the drafting of the CRA and has extensive experience in the use of the
Polanco Redevelopment Act; and
WHEREAS, the continued involvement of Mr. Opper is necessary to begin
implementation of the CRA, the Polanco Redevelopment Act and negotiations with the
RWQCB; and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that,
pursuant to California Code of Regulations, section 15378(b)(5), the activity is not considered a
"project" under CEQA, and therefore, no environmental review is required.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Agency
hereby approves an agreement with Opper and Vazco LLP, to provide legal support in the
implementation of the Cooperative Remediation Agreement, the Polanco Redevelopment Act
and negotiations with the San Diego Regional Water Quality Control Boazd and other related
work in conjunction therewith as determined by the Agency's General Counsel and authorizes
the Agency's General Counsel to execute the same.
Presented by Approved as to form by
~~ ,
J D. Sandoval
Manager/ Executive Director
RDA Resolution No. 2010-2020
Page 3
PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of
Chula Vista, California, this 20th day of April 201 Q by the following vote:
AYES: Agency Members: Bensoussan, Castaneda, Ramirez, Thompson and Cox
NAYS: Agency Members: None
ABSENT: Agency Members: None
r.
~ 'i
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Cheryl Cox, Ch 'rperson
ATTEST:
/_ /
Eric Crockett, Secretary
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Eric Crockett, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that the
foregoing RDA Resolution No. 2010-2020 was duly passed, approved, and adopted by the
Redevelopment Agency at a regular meeting held on the 20th day of April 2010.
Executed this 20th day of April 2010.
!_ / ~~
ric~ Crockett, Secretary