HomeMy WebLinkAboutCVRC Reso 2010-006CVRC RESOLUTION NO. 2010-006
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
CORPORATION RECOMMENDING THAT THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA AUTHORIZE THE REDEVELOPMENT AGENCY'S
GENERAL COUNSEL TO ENTER INTO AN AGREEMENT
WITH OPPER AND VARCO, 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 BOARD, AND NEGOTIATIONS CONCERNING
ENTERING INTO STATUTORY DEVELOPMENT
AGREEMENTS AND/OR OWNER PARTICIPATION
AGREEMENTS AS MAY BE REQUIRED AND OTHER
RELATED WORK AS DETERMINED BY THE AGENCY'S
GENERAL COUNSEL.
WHEREAS, in 2002, Port, City and Redevelopment Agency ("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 are the Lead Agency and the Responsible
Agencies, respectively, as those terms aze defined in California Public Resources Code sections
21000 et seq.; and
WHEREAS, a component of the CVBMP may include a proposed exchange of land
owned by the Port commonly known as Parcels HP-5, H-13, H-14 and H-15; and
WHEREAS, as described in the DEIR, a portion of Pazcels 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 Board
("RWQCB"); and
CVRC Resolution 2010-006
Page 2
WHEREAS, the Agency through the use of the Polanco Redevelopment Act, California
Health and Safety Code Article 12, sections 33459 et seq. ("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
WHEREAS, being uniquely qualified in the disciplines of environmental and
redevelopment law, Attorney Richrd G. Opper of Opper and Varco, LLP has been instrumental
in assisting staff in the drafting of the CRA and has extensive experience in the use Polanco;
and
WHEREAS, the continued involvement of Richard G. Opper is necessary to begin
implementation of the CRA, Polanco and negotiations with the San Diego Regional Water
Quality Control Board to implement Polanco; and
WHEREAS, based on Mr. Opper's unique experience and qualifications in the
disciplines of environmental and redevelopment law the city's competitive bidding requirements
are hereby waived pursuant to Municipal Code section 2.56.070(B)(3) and 2.56.110(F).
NOW THEREFORE BE IT RESOLVED, that the Chula Vista Redevelopment
Corporation recommends that the Redevelopment Agency of the City of Chula Vista waive the
City's formal bidding process and authorize the Agency's General Counsel to enter into an
agreement with Opper and Varco, 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 Board and negotiations concerning entering into
statutory Development agreements and/or Owner Participation Agreements as may be required
and other related work as determined by the Agency's General Counsel.
Presented by
J
~cv
ary albe AIC , PE
Deputy City anager/Director of
Development Services
Approved as to form by
~;
t~11B Mi
~ ~--=
City Attoiney
CVRC Resolution 2010-006
Page 3
PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation
of the City of Chula Vista, this 8th day of April 2010, by the following vote:
AYES: Directors.
NAYS: Directors.
ABSENT: Directors.
ABSTAIN: Directors.
ATTEST:
ric C. Crockett, Secretary
Desrochers, Flores, Munoz, Paul, Reyes and Lewis
None
Salas
None ~ ,
/ /
L hristop er H. Lewis, air
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Eric C. Crockett, Secretazy of the Chula Vista Redevelopment Corporation of the City of
Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. 2010-006
was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a
special meeting of the Chula Vista Redevelopment Corporation held on the 8th day of April
2010.
Executed this 8th day of April 2010.
ricET C. Crockett, Secretary