HomeMy WebLinkAboutReso 2003-134RESOLUTION NO. 2003-134
AGENCYRESOLUTIONNO. 1818
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING: 1) A "POLANCO ACT AGREEMENT"
BETWEEN THE AGENCY AND THE SAN DIEGO REGIONAL
WATER QUALITY CONTROL BOARD REGARDING A
REMEDIAL ACTION PLAN FOR THE "OMAR RENDERING
SITE" ON MAIN STREET IN CHULA VISTA; AND 2) A RISK
ALLOCATION AGREEMENT BETWEEN THE AGENCY, THE
CITY, THE PROPERTY OWNER AND THE DEVELOPER IN
CONNECTION WITH SAME
WHEREAS, the Redevelopment Agency of the City of Chula Vista (Agency) is engaged
in activities necessary to carry out and implement various redevelopment projects within the
designated redevelopment project areas within the City of Chula Vista; and
WHEREAS, the property commonly known as the "Omar Rendering Site" (Site) is
located in the Otay Valley Road Redevelopment Project Area; and
WHEREAS, the Agency is assisting (1) the LandBank Group, Inc., a private
redevelopment corporation, and its affiliates (Owner), which is the responsible party for the Site
and is working in response to orders issued by the San Diego Regional Water Quality Control
Board to remediate the Site; and (2) Knowiton Realty, Inc., a developer proposing the
redevelopment of the site into an expansion of the Chula Vista Autopark (Developer); and
WHEREAS, the California Health & Safety Code section 33459.3 (Polanco
Redevelopment Act) provides that if a Redevelopment Agency causes another person to
undertake and complete remediation of a site in accordance with a cleanup plan prepared by a
qualified independent contractor and approved by a California Regional Water Quality Control
Board (Board), the Redevelopment Agency will be immune to all state and local laws providing
liability for releases of hazardous substances that are addressed in the cleanup plan approved by
the Board; and
WHEREAS, the Agency has negotiated a Polanco Act Agreement with the Board for
setting forth the terms and conditions for Board/Agency cooperation in overseeing remediation
activities at the site; and
WHEREAS, the Agency has negotiated a Risk Allocation Agreement with Owner and
Developer allocating risks of Agency's participation to Owner and Developer on the terms and
conditions set forth therein; and
WHEREAS, the Community Development Department Planning & Environmental
Services Division considered the proposed Polanco Act Agreement to be Categorically Exempt,
Class 30 (actions by regulatory agencies) from California Environmental Quality Act (CEQA);
and
NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency
of the City of Chula Vista do hereby approve, in substantially the form presented, a Polanco Act
Resolution 2003-134
Page 2
Agreement with the San Diego Regional Water Quality Control Board for a Remedial Action
Plan at the Omar Rendering Site on Main Street; and
BE IT FURTHER RESOLVED the City Council and Redevelopment Agency of the City
of Chula Vista do hereby approve, in substantially the form presented, a Risk Allocation
Agreement between the Agency, City, Property Owner and Developer in connection with same;
and
BE IT FURTHER RESOLVED, City/Agency authorizes and directs the Mayor/Chairman
to execute the agreements upon approval of the Polanco Act Agreement by the Regional Water
Quality Control Board (RWQCB) in the final forms approved by the City/Agency Attorney.
Presented by
Approved as to form by
Ann Moore
CityAttomey/Agency Counsel
Resolution 2003-134
Page 3
PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment
Agency of the City of Chula Vista, California, this 1st day of April, 2003, by the following vote:
Davis, Rindone, Salas, McCaun, and Padilla
ATFEST:
Agency/Councilmembers:
Agency/Councilmembers:
Agency/Councilmembers:
AYES:
NAYS:
ABSENT:
None
None
Steph~ Padilla, Mayor/Chair
'~il 1 e~ ~ ~, ~ 00_,--~
Susan Bigelow, City Cl~k
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing City
Council Resolution No. 2003-134 Redevelopment Agency Resolution No. 1818 was duly passed,
approved, and adopted by the City Council and Redevelopment Agency at a regular meeting held
on the 1st day of April, 2003.
Executed this 1st day of April, 2003.
Susan Bigelow, City Clet'k