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HomeMy WebLinkAbout2006/12/12 Item 18 COUNCIL AGENDA STATEMENT Item I 5 Meeting Date 12/12/2006 ITEM TITLE: Resolution authorizing the City Manager or Designee to act as the Mayor's Voting Alternate on the Metro Commission. Resolution authorizing the City of Chula Vista's representative on the Metro Commission to vote in support of the City of San Diego's strategy for concurrent initiation of an application to renew the waiver and to begin negotiations with EP A for an agreement, or consent decree, to comply with the requirements of OPRA at the upcoming Metro Commission meeting. SUBMITTED BY: Director of Engineering -MJ b{ ~ REVIEWED BY: Interim City Manager 1 (4J5th Vote: Yes_ NolO On October 10, 2006, staff from the City of San Diego Metropolitan Wastewater Department presented an update to City Council regarding their current efforts to obtain the necessary environmental permits required for the continued operation of the Point Lorna Treatment Plant. In a recent development, the Metro Commission, scheduled a vote on December 14, 2006 regarding this issue. The Metro Commission is an advisory body created in 1997 as part of an agreement with the City of San Diego to give the participating agencies (PAs) a means of providing input on discussions related to the operation and maintenance of the Metropolitan Sewerage System, RECOMMENDATION: That the City Council approve the Resolutions: 1. Authorizing the City Manager or Designee to act as the Mayor's Voting Alternate on the Metro Commission. 2. Authorizing the City of Chula Vista's representative on the Metro Commission to vote in support of the City of San Diego's strategy for concurrent initiation of an application to renew the waiver and to begin negotiations with EP A for an agreement, or consent decree, to comply with the requirements of OPRA at the upcoming Metro Commission meeting. BOARDS AND COMMISSIONS: N/A DISCUSSION: Chula Vista's sewage is transported to the City of San Diego's Metropolitan Wastewater System, which serves the majority of jurisdictions in the San Diego region, and is ultimately conveyed to the Point Lorna Wastewater Treatment Plant. At the plant, the wastewater is treated to a level 18-1 Page 2, Item IS Meeting Date: 12/12/06 termed "advanced primary treatment" before it is discharged 4.5 miles offshore in more than 320 feet of water. Due to the fact that it is generally agreed that the advanced primary treated water discharged from the plant does not impact the ocean and marine environment, the City of San Diego has been successful in the past in receiving "waivers" from the Environmental Protection Agency (EPA) to the requirement mandated by the Ocean Pollution Reduction Act (OPRA), to upgrade the plant to secondary treatment. '. The EP A waiver that allows San Diego to continue operating the Point Loma Treatment Plant at the level of advanced primary treatment will expire in June 2008. In preparation for that expiration, San Diego needs to file an application to renew the waiver and/or begin negotiations with the EP A for a consent decree to comply with all of the conditions of OPRA. The consent decree would be an agreement reached between the City of San Diego and the EP A to comply with the terms of the OPRA and would involve setting a timeline and beginning the process of constructing the required improvements necessary to upgrade the Point Loma Treatment Plant to the level of secondary treatment. At the City Council meeting of October 10, 2006, Alan Langworthy, Deputy Director of Environmental Monitoring and Technical Services Division, City of San Diego Metropolitan Wastewater Department, gave a presentation to the City Council on the history and issues surrounding the secondary treatment/waiver process at the Point Loma Wastewater Treatment Plant. The following excerpts from the October 10, 2006 presentation made by Alan Langworthy summarize the current situation. The Point Loma Treatment plant currently operates under a waiver. During its operation over the past five-year waiver period, the plant has consistently been in compliance with the waiver's discharge requirements, and actually removes more pollutants than required by the waiver. From an historical perspective, noted scientists, including some from Scripps Oceanography Institute, have stated that the current advanced primary treatment level at the Point Loma sewer treatment plant is not impacting the ocean. Additional sampling and research over the last several years continue to confirm this opinion. . Based on this information and, given the many competing demands faced by today's municipalities, there is a good foundation for questioning whether or not additional treatment is the best use of taxpayers' money. However, the political/environmental climate has put pressure upon governments and treatment plant operators to eliminate waivers and to move towards secondary treatment. Coupled with changes in discharge requirements at the State level, it appears that this may result in the requirement for the City of San Diego to upgrade to secondary treatment as the only way to meet future discharge requirements. Technological advances in sewage treatment continue to reduce the costs of transitioning to secondary treatment. The current one billion dollar estimate for secondary treatment is based on new technology (Biological Aeration Filtration Process), and is significantly less than the two billion dollar estimate which was projected 15 years ago. It is anticipated that emerging technologies will further drive down this cost. Currently, the City of San Diego is evaluating a 18-2 Page 3, Item 10 Meeting Date: 12/12/06 process that could reduce the costs of upgrading to secondary treatment to potentially below one- half billion dollars. However, more time is needed to explore this option. As the financial impact to the rate payers is significant, it behooves the City of San Diego and the PA's to pursue implementation of the most efficient technology at the most reasonable price for the rate payer. : Based on these factors, it is recommended that the City Council support the City of San Diego's current strategy of concurrently initiating the waiver application and negotiating a consent decree. Recent discussions at Metro Commission meetings indicate that most members are in support of this approach and will be recommending that their agencies support San Diego in their efforts. Thus far, the cities of Coronado and Imperial Beach have provided documentation of their support for this approach as it provides the maximum amount of flexibility in order to pursue the most reasonable solution. The City of San Diego has pledged to continue working with the EP A, other environmental resource agencies and stakeholder groups in researching, testing and evaluating various technologies that would enable the City of San Diego to meet the aPRA requirements in a more cost effective manner. Designation of a Voting Alternate Based on the provisions of Section 304 (b.5) of the City Charter-Duties of the Presiding Officer, the Mayor is charged with the responsibility of representing the City in all regional public agencies that require an elected City Official, unless otherwise determined by the City Council. Although the Metro Commission only requires that each agency designate a representative and not necessarily an elected official, the sitting Mayor has historically represented the City. Therefore, the Mayor will be representing the City on the Metro Commission. In addition, staff recommends that the City Manager or his/her Designee be authorized to act as the Mayor's Alternate on the Metro CommissionlJP A to ensure coverage on those occasions where schedule conflicts may make the Mayor unavailable. CONCLUSION: This issue will be discussed by the Participating Agencies (PAs) at the next regular Metro CommissionlJPA meeting, scheduled for December 14, 2006. At that time, all of the representatives of the various PAs are scheduled to vote on whether or not their agencies support the City of San Diego's current strategy to concurrently initiate the waiver application and begin negotiations for a consent decree. The outcome of that vote will determine if the Metro Commission will issue a statement/letter of support to the City of San Diego. Staff is recommending that Council authorize the City of Chula Vista's voting member to vote in support of San Diego's current strategy. ENVIRONMENT AL REVIEW: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State 18-3 Page 4, Item ! 6 Meeting Date: 12/12/06 CEQA Guidelines because the agreement does not authorize any activity that will result in a physical change to the environment. Therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and, conseq~ently, the 500-foot rule found in California Code of Regulations section l8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT: None directly related to this action. J :\Engineer\AG ENDA \CAS2006\ 12-12-06\Point- Lorna- Trearnent-Plant- Upgrade. doc 18-4 RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACT AS THE MAYOR'S VOTING ALTERL'JATE ON THE METRO COMMISSION. .. WHEREAS, the City of Chula Vista's sewage is transported to the City of San Diego's Metropolitan Wastewater System, which serves the majority of jurisdictions in the San Diego region; and WHEREAS, the Metro Commission was created in 1997 as part of an agreement with the City of San Diego [San Diego] to give participating agencies, including the City of Chula Vista [City], a means of providing input on discussions related to the operation and maintenance of the Metropolitan Wastewater System; and WHEREAS, Section 304(b)(S) of the City Charter says that the Mayor has the duty to represent the City in all regional public agencies which require an elected City official, unless otherwise determined by the City Council; and WHEREAS, the Mayor has historically represented the City at Metro Commission meetings, although not required by the Metro Commission; and WHEREAS, the City wishes to authorize the City Manager or his/her Designee to act as the Mayor's Voting Altemate on the Metro Commission to ensure coverage on those occasions where the Mayor is unavailable. WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the Califomia Environmental Quality Act (CEQA) and has determined that the activity is not a .'Projecf' as detinedunder Section 1 S3 78 of the State CEQA Guidelines because the agreement does not authorize any activity that will result in a physical change to the environment; therefore, pursuant to Section 1 S060( c )(3) ofthe State CEQA Guidelines the activity not subject to CEQA. Thus, no environmental revIew IS necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it authorizes the City Manager or Designee to act as the Mayor's Voting Alternate on the Metro Commission. Presented by Approved as to form by !-r:!i:--AA ) {~ ,j:~~ Ann Moore City Attorney Scott Tulloch Director of Engineering H:\ENGINEER\RESOS\Resos200()\12-12-()()\Point LlllllU Tn:::.!tll1~nt Planl Ugrade Reso-Alternule-Design:ltioll I'evised ec_doc 18-5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA'S REPRESENTATNE ON THE METRO COMMISSION TO VOTE IN SUPPORT OF THE CITY OF SAN DIEGO'S STRA. TEGY FOR CONCURRENT INITIATION OF AN APPLICATION TO RENEW THE WANER AND TO BEGIN NEGOTIATIONS WITH EPA FOR AN AGREEMENT, OR CONSENT DECREE, TO COMPLY WITH THE REQUIREMENTS OF OPRA AT THE UPCOMING METRO COMMISSION MEETING WHEREAS, the City of Chula Vista's sewage is transported to the City of San Diego's [San Diego] Metropolitan Wastewater System, which serves the majority of jurisdictions in the San Diego region, and ultimately ends up at the Point Loma Wastewater Treatment Plant; and WHEREAS, at the Treatment Plant, the wastewater is treated to an "advanced primary treatment" level before it is discharged into the ocean; and WHEREAS, because there is general agreement that the advanced primary treated water is not impacting the ocean and marine environment, San Diego has received a waiver from the Environmental Protection Agency [EPA] to the requirement to go to secondary treatment of wastewater as mandated by the Ocean Pollution Reduction Act [OPRA]; and WHEREAS, San Diego may have to transition to secondary treatment in the future; and WHEREAS, San Diego plans to concun'ently initiate an application to renew the wai vel' and to begin negotiations with the EP A for an agreement, or consent decree, to comply with the requirements of OPRA; and WHEREAS, the Metro Commission was created in 1997 as part of an agreement with San Diego to give participating agencies, including the City of Chula Vista, a means of providing input on discussions related to the operation and maintenance of the Metropolitan Wastewater System; and WHEREAS, the Metro Commission has scheduled a vote on December 14, 2006 to consider San Diego's plans to concurrently initiate an application to renew the waiver and to begin negotiations with the EP A for an agreement, or consent decree, to comply with the requirements ofOPRA; and WHEREAS, staff seeks City Council's authorization for Chula Vista's representative on the Metro Commission to vote in support of San Diego's strategy for 18-6 concurrent initiation of an application to renew the waiver and to begin negotiations with EPA for an agreement, or consent decree, to comply with the requirements of OPRA at the upcoming Metro Commission meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it authorizes the City of Chula Vista's representative on the Metro Commission to vote in support of the City of San Diego's strategy for concurrent initiation of an application to renew the waiver and to begin negotiations with EP A for an agreement, or consent decree, to comply with the requirements ofOPRA at the upcoming Metro Commission meeting. Presented by Approved as to form by y9y;~ ()J~ AIm Moore City Attorney Scott TLLlloch Director of Engineering 1.1:\ENG1NEER\RESOS\Re~os2006\12-12-(J6\Pllillt Loma Tre;:!tlllt:nt Plant Ugrade Reso L1p(IUled et::.doc 18-7