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HomeMy WebLinkAboutRDA Packet 1998/08/11 Notice is hereby given that the Chair of the Redevelopment Agency has called and will convene a special meeting of the Redevelopment Agency, Tuesday, August 11, 1998 at 6:00 p.m., immediately following the regular City Council meeting, in Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California to consider, deliberate and act upon the following: ~=ir Tuesday, August 11, 1998 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Council meeting) Special Meeting of the Redevelopment Agencv of the Citv of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency Members Moot -' Padilla -' Rindone -, Salas -, and Chair Horton - CONSENT CALENDAR (1Iem2) (Will be voted on immediately following the Council Consent Calendar during the City Council meeting) The staff recommendations regarding the following item listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulledfrom the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 2. RESOLUTION 1596: APPROVING THE SECOND CHANGE ORDER TO THE COST SHARING AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY, B.F. GOODRICH AEROSPACE, AEROSTRUCTURES GROUP, THE SAN DIEGO UNIFIED PORT DISTRICT AND BFGW GROUP, LLC FOR SERVICES RELATED TO GROUNDWATER BASIN REDESIGNATION; AND AUTHORIZING EXECUTIVE DIRECTOR TO EXECUTE SAME--BFGWhas been retained to perform consulting services for the purposes of coordinating and preparing an application to the Regional Water Quality Control Board (RWQCB) to remove the beneficial use designation from the groundwater basin in the area of the Chula Vista Bayfront. Concerns raised by water service agencies has necessitated additional work to be performed before the application can be considered by the Regional Water Quality Control Board. Those additional services are beyond the original scope of the original consultant agreement. Staff recommends approval of the resolution. (Community Development Department) . . . END OF CONSENT CALENDAR. . . Agenda -2- August 11, 1998 ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. OTHER BUSINESS 3. DIRECTOR'S REPORTlS) 4. CHAIR'S REPORT(S) 5. AGENCY MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on September I, 1998 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. REDEVELOPMENT AGENCY AGENDA STATEMENT Item ~ Meeting Date 08111/98 ITEM TITLE: RESOLUTION ISq(o APPROVING THE SECOND CHANGE ORDER TO THE COST SHARING AGREEMENT BY ANO BETWEEN THE REOEVElOPMENT AGENCY, B.F. GOODRICH AEROSPACE, AEROSTRUCTURES GROUP, THE SAN DIEGO UNIFIED PDRT DISTRICT AND BFGW GROUP, LLC FOR SERVICES RELATED TO GROUNDWATER BASIN REDESIGNATlDN; AND AUTHORIZING EXECUTIVE DIRECTOR TO EXECUTE SAME SUBMITTED BY: Com"",", D.""",. O;.ct~"[ t$ REVIEWED BY: Executive Director ~ ~ -- (4/5ths Vote: Yes- No...xJ BACKGROUND: BFGW has been retained to perform consulting services for the purposes of coordinating and preparing an application to the Regional Water Quality Control Board (RWQCB) to remove the beneficial use designation from the groundwater basin in the area of the Chula Vista Bayfront. Concerns raised by water service agencies has necessitated additional work to be performed before the application can be considered by the Regional Water Quality Control Board. Those additional services are beyond the original scope of the original consultant agreement. necessitating a change order to that agreement. RECOMMENDATION: That the Agency adopt a resolution approving the second Change Order to the Cost Sharing Agreement by and between the Redevelopment Agency, B.F. Goodrich Aerospace, Aerostructures Group, the San Diego Unified Port District and BFGW Group, LLC for services related to groundwater basin redesignation; and Authorizing Executive Director to execute same. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Agency, B.F. Goodrich and the Port are mutual beneficiaries of the proposed redesignation action. The specific economic benefits accruing to each entity are not easily defined. Therefore, the original cost sharing agreement split the costs for consulting services related to the redesignation on an equal basis. The second Change Order proposes to split costs in the same manner. The Agency is asked to share $23,200 of the $69,600 change order. The Bayfront area is currently designated by the RWQCB for "beneficial" groundwater uses (domestic, agricultural or industrial). This means that water quality protection standards are sufficiently stringent to 02 -( Page 2. Item - Meeting Date 08111/98 guarantee that groundwater will be safe for drinking. However, in this area, salt content in the groundwater is too high for the water to be useable as a drinking water source. Since groundwater quality in the subject area is naturally below drinking water standards and always will be because of bay water intrusion, it is reasonable to support removal of the beneficial use designation. The proposed action would benefit redevelopment efforts by removing a perceptual hurdle to development. Because of long term industrial uses in the bayfront area, there is reasonable suspicion that soil and/or groundwater contamination may exist in the area. In light of this suspicion, a potential developer may perceive that redevelopment in the bayfront area would require seemingly difficult cleanup of that contamination to drinking water standards. The RWQCB has indicated that cleanup standards would be based on aquatic life standards, rather than drinking water standards regardless of the beneficial use designation. However, staff believes that removal of the negative perception of the beneficial use designation would help in the effort to bring interested developers to the bayfront. The Sweetwater Authority, as well as other water service agencies, have expressed concerns over the redesignation, in light of their efforts to develop a groundwater storage and recharge program to reduce the region's dependence on imported water. In a meeting with representatives of the Sweetwater Authority, their consultants, the Port and the City, it was agreed that a modified approach to the Basin Plan redesignation, one that would explore and define a separation between the shallow aquifer and the formation to be used for groundwater storage, should be pursued. This requires additional work by the consultant. The proposed change order and the extent of consultant services that it authorizes is fixed in terms of price and deliverables. Responsibilities of the consultant are clearly defined. FISCAL IMPACT: The costs for the original contract was $105,000, of which the Agency's share was $35,000. The first change order amount was $30,000, of which the Agency paid $10,000. The second change order is for $69,600, of which the Agency's share would be $23,200, bringing the total expenditures for this project to $68,200. Funds for this expenditure are available in the Bayfront Planning, Survey and Design account (990-9907-5516). IJMI H,\HOM~COMMDEVISTAFF.REPID8-11-9818FGW.2 [August 5.1998 12,'2pmll oJ-~ --- - RESOLUTION NO. I ~-r¡ ~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CHULA VISTA APPROVING THE SECOND CHANGE ORDER TO THE COST SHARING AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY, B.F. GOODRICH AEROSPACE, AEROSTRUCTURES GROUP, THE SAN DIEGO UNIFIED PORT DISTRICT AND BFGW GROUP, LLC FOR SERVICES RELATED TO GROUNDWATER BASIN REDESIGNATION AND AUTHORIZING EXECUTIVE DIRECTOR TO EXECUTE SAME WHEREAS, The groundwater subbasin underlying the Chula Vista Bayfront is designated by the San Diego Regional Water Quality Control Board (RWQCB) for beneficial water uses even though such uses do not exist or are precluded; and WHEREAS, The Agency, B.F. Goodrich and the Port District could derive benefit from the removal of the beneficial use designation; and WHEREAS, The removal of the beneficial use designation would assist in the removal of blight by facilitating development within the Project Area; and WHEREAS, The three aforementioned entities agree to initiate an amendment to the RWQCB's Basin Plan to bring about the removal of beneficial water use designation and to share in the costs of processing such an amendment; and WHEREAS, an agreement was entered into between the consultant and of the Agency, Port and B.F. Goodrich for such purposes and additional work is required of the consultant selected to perform the services; and WHEREAS, the consultant has demonstrated their experience and competence in performing the desired services, and are mutually acceptable to the parties who are subject to the agreement. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby: 1) Approve a Change Order to Cost Sharing Agreement by and between the Redevelopment Agency, B.F. Goodrich Aerospace, Aerostructures Group, the San Diego Unified Port District and BFGW Group, LLC for services related to groundwater basin redesignation to be paid out of the Bayfront Planning Surveying and Design account (ggO-9907-5516); and 2) Authorize the Executive Director to execute same. Presented by Approved as to form by '\ Chris Salomone >--- Director of Community Development [(JMI H,\HOMEICOMMDEV\RESOS\BFGW (Augu" 6. 199B (9,44,m)) 02-3 COSTSHARlNGAGREEMENT CHANGE ORDER NO.2 THIS CHANGE ORDER is made this - day of July, 1998, by and between B. F. Goodrich Aerospace Aerostructures Group, formerly RoM, Inc. ("Goodrich"), San Diego Unified Port District ("Port"), the City ofChuIa Vista ("ChuIa Vista") and BFGW Group, LLC ("BFGW') and amends that certain agreement between those parties dated September 24, 1997 ("Cost Sharing Agreement"). The parties hereby agree to the following ADDITION to the Cost Sharing Agreement: 1. Scope of Work BFGW has completed the preparation of an application to the Regional Water Quality Control Board (RWQCB) requesting redesignation of portions of the La Nacion and Telegraph Hydrologic Subareas west ofInterstate Highway 5. Said application has been submitted to the RWQCB, and been reviewed by them, which satisfies the original contract between BFGW and the applicants - the City, the Port and Goodrich. Opposition to approval of the aforementioned change may be removed by providing a demonstration that the hydraulic communication between the shallow groundwater aquifer and the deeper San Diego Formation aquifer is minimal or absent. To that end under an amendment to the original contract BFGW will do the following: 1. Develop a protocol which will determine the presence or absence of hydraulic communication between the shallow groundwater aquifer and the San Dieog Formation Aquifer; 2. Present the protocol to the cosultant for the Sweetwater Authority and the San Diego County Water Authority (water agencies), David Huntley, for his review and comment; 3. Revise the protocol as necessary, and obtain formal acceptance from Dr. Huntley; 4. Present the protocol and Dr. Huntley acceptance to the Sweetwater Authority and the San Diego County Water Authority, and obtain their formal acceptance of the protocol (BFGW will not proceed further without acceptance of the protocol and agreement that if hydraulic cornmunication is minimal that the water purveyors objections will be rescinded); 5. Construct two wells at an approved location within the area to be redesignated, one well is an observation well completed to a depth of approximately 60 feet below grade, the other is an extraction well constructed to a depth of approximately 250 feet below grade (the latter boring will be lithologically logged and geophysically tested prior to completion and development); f:lp.-ojedslbfgw J!1l'lred.:s;gnationIChange Order 2 ó2 -t/ -- - COST SHARING AGREEMENT, CHANGE ORDER NO.2 6. Collect samples for total dissolved solids (IDS) analyses; 7. Perform testing to determine appropriate pumping rate fo¡.'the extraction well; 8. Perform a pump test of approximately 48 hours, while monitoring the shallow observation well; 9. Perform data analysis and prepare a report on the testing results; 10. Discuss the results with Dr. Huntley and the water agencies to determine the water agencies position, and 11. Present the results and response ITom the water agencies to the Regional Water Quality Control Board in support of the redesignation, if appropriate.. 2. Costs BFGW Group will perform this work on a time and materials basis, and provides herein a not-to-exceed cost for the scope presented above. The total estimated costs for the work includes: Cost $ $1200 $1800 $1800 $4200 $31,255 $900 $1550 $7350 $4075 $13,900 $1500 $69,530.00 3. Schedule BFGW will commence with the work immediately upon receipt a completely executed copy of this Change Order.F or the purpose of scheduling, the project is divided into three phases. The first phase entails development of the protocol and obtaining concurrence ITom the water agencies. The second phase includes the permitting, well construction, and aquifer testing. The third phase includes the data analysis, report generation and discussions with the water agencies and the RWQCB f:lprojectslbfgw --8'P"edesignationIChange Ord... 2 02-~ r- IT COST SHARING AGREEMENT, CHANGE ORDER NO.2 Time to Com 3 3 2 BFGW can complete the work withing eight weeks after execution of this change order, assuming that agreements and permits can be obtained in a timely fashion. 4. Additional Work No effort which is not addressed by the scope of this amendment or which would exceed the $69,530 not-to-exceed budget shall be performed without approval in advance. 5. Cost Sharing The work described herein shall be invoiced equally, i.e. an equal one- third. amount, to the City of Chula Vista, the San Diego Unified Port District, and B.F. Goodrich Aerospace - Aerostructures Group in accordance with the original agreement. 6. Original Agreement Except as expressly modified hereby, all other terms of the Cost Sharing Agreement shall remain in full force and effect. f:\proj"""\bfgw JfP\re<ksignalion\Change o..der 2 c:J--~ r IT - - COST SHARING AGREEMENT, CHANGE ORDER NO.2 , AGREED TO the day and year first written above: B. F. Goodrich Aerospace - Aerostructures Group, formerly Rohr, Inc By: San Diego Unified Port District By: City ofChula Vista By: BFGW Group, Ltd. ("BFGW") By: Bennet B. Greenwald, Principal ~\P'"ojects\bfgw --8fp'red.:signation\Cbange Ord... 2 ~-Î -- -