HomeMy WebLinkAboutRDA Reso 2003-1818
RESOLUTION NO. 1818
(COUNCIL RESOLUTION NO. 2003-134)
JOINT RESOLUTION OF THE CITY COUNCIL AND
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 for issued by the San Diego Regional Water Quality Control Board to remediate
the Site; and (2) Knowlton Realty, Inc., a developer proposing the redevelopment of the site into an
expansion of the Chula Vista Autopark ("Developer'1; 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 Califomia 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 negotiatèd 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 CEQA; and
NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency of the
City of Chula Vista does hereby approve, in substantially the form presented, a Polanco Act
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 does hereby approve, in substantially the form presented, a Risk Allocation Agreement
between the Agency, City, Property Owner and Developer in connection with same; and
Resolution No. 1818
Page 2
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 RWQCB in the final
forms approved by the City/Agency Attorney.
PRESENTED BY
APPROVED AS TO FORM BY
La rie A. Madigan
DirEjctor of Community Devel
CÀ-~
Ann Moore
City/Agency Attorney
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, CALIFORNIA this 1st day of April, 2003 by the following vote:
AYES:
NOES:
Members Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla
None
ABSENT:
None
ABSTENTIONS:
None
/L-
ATTESTT~
La rie Madigan
Ex cutive Secretary
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss:
CITY OF CHULA VISTA)
I, Laurie Madigan, Executive Secretary to the Redevelopment Agency of the City of Chula Vista,
California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No.
1818 and that the same has not been amended or repealed.
Dated: April 4, 2003
La rie Madigan
Ex cutive Secretary