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HomeMy WebLinkAboutRDA Packet 1997/02/11 Notice is hereby given that the Chair of the Redevelopment Agency has called and will convene a special meeting of the Redevelopment Agency Tuesday, February 11, 1997 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 fonowing: ~~E:¡{~::~~."""" " """,' ':;'~= '" "~ Tuesday, February nt"pgg~i:¡:lDLL.. .0. JMd< ~ 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 (Item 2) (Will be voted on immediately following the Council Consent Calend.. 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, 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, (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 2. RESOLUTION 1530 AUTHORIZING STAFF TO FlLE A PETITION WITH THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD (RWQCB) FOR THE REMOVAL OF BENEFICIAL WATER USE DESIGNATIONS WEST OF 1.5 AND AUTHORIZING PARTICIPATION IN THE FUNDING OF A CONSULTANT FOR SUCH PURPOSES UP TO $35,OOO.,Rohr is requesting assistance and participation of the City and the Port District to have the beneficial use designation removed. City participation would involve staff time, designation of the City as the primary petitioner and sharing of consultant costs. Staff recommends approval of the resolution. (Community Development Director) * * * END OF CONSENT CALENDAR * * * ADJOURNMENT TO CITY COUNCIL MEETING At this time, the Redevelopment Agency will adjourn to the Council meeting. ............. -. . .. Agenda .2. February II, 1997 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 Council on such a subject, please complete the yellow "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. Your time is limited to three minutes per speaker. ITEMS PULLED FROM THE CONSENT CALENDER 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. Public comments are limited to five minutes per individual. OTHER BUSINESS 3. DIRECTOR'S/CITY MANAGER'S REPORTlS) 4. CHAIR'S/MAYOR'S REPORT(s) 5. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on February 18, 1997 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. [M:IHOMEICOMMDEVIAGENDASIO2.11.97.RDA] - - .. .. REDEVELOPMENT AGENCY AGENDA STATEMENT Item ~ Meeting Date 02/11/97 ITEM TITLE: Resolution /S"30 Authorizing Staff to File a Petition with the San Diego Regional Water Quality Control Board for the Removal of Beneficial Water Use Designations West of 1.5 and Conceptually Approving Participation in the Funding of Administrative and Consultant Costs for such Purposes up to $35,000 Subject to Agency Approval of a Cost Sharing Agreement with the Port and Rohr and an Appropriation of Funds Prior to the Agency Incurring any District Out.of.Pocket Costs SU""mED BV. C,mmo"", D""OOm,"' D;"~c,.c" . REVIEWED BY: Executive Directo~C-\~~ß .'~ (4/5ths Vote: Yes- NoX) BACKGROUND: The San Diego Regional Water ual; Control Board (RWQCB) has established a Basin Plan in which it identifies beneficial uses of surface and groundwater throughout San Diego County. The beneficial use designation indicates that the groundwater in the area will one day be used for domestic purposes. The RWQCB has eliminated the beneficial use designations for all groundwater in basins and sub. basins west of 1.5 in San Diego County with the exception of the La Nacion and Telegraph Hydrologic Subareas, those which underlie the Chula Vista Bayfront. Rationale for the removal of the beneficial use designation exists based on three factors: 1) beneficial uses in the Chula Vista Bayfront are not likely to materialize in the future, 2) the beneficial use designation assigned to the basin in Chula Vista requires the maintenance of a high standard of water quality, and 3) existing groundwater quality in the area is very poor because of salt water intrusion and it is unlikely that it will ever meet beneficial use standards. For these reasons, Rohr petitioned the RWQCB to have the beneficial use designation removed from the La Nacion subarea in 1993. However, due largely to staffing priorities at the RWQCB, Rohr has been unsuccessful in getting their petition processed. Rohr is requesting assistance and participation of the Agency and the Port District to revive their application and to attempt to have the item reviewed by the RWQCB Board this year. Benefits to the Agency would result directly to Agency owned properties and indirectly through assisting in the removal of blight on Port land and private property, including the Midbayfront. Agency participation would involve staff time, designation of the Agency as the primary petitioner and sharing of consultant and administrative costs. RECOMMENDATION: That the Agency approve the resolution authorizing staff to file a petition with the San Diego Regional Water Quality Control Board for the removal of beneficial water use designations west of 1.5 and conceptually approving participation in the funding of administrative and consultant costs for such purposes up to $35,000 subject to Agency approval of a cost sharing agreement with the Port and Rohr and an appropriation of funds prior to the Agency incurring any out-of.pocket costs BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Removal of the beneficial use designation would have potential benefits to development/redevelopment and assist in removal of blight in the Bayfront area in two ways: by allowing the future use of reclaimed water and by allowing more flexible cleanup options for potentially contaminated groundwater. Future ó2 -( - .. Page 2, Item ~ Meeting Date 02/11/97 use of reclaimed water in the area would be precluded by the beneficial use designation because of the typically high levels of Total Dissolved Solids (TDS), usually salts and other minerals, which cannot be cost effectively removed in the treatment process. The beneficial use designation requires that TDS levels be maintained at 3,000 mg/I or less. Reclaimed water typically carries TDS loads far greater than this, and therefore, the use of reclaimed water would interfere with beneficial uses. However, as stated earlier, there are no current or anticipated future domestic uses of the groundwater. In addition, the existing condition of the groundwater, based on test wells on the Rohr property and the Midbayfront project area, is not suitable for domestic purposes because of elevated levels of TDS naturally occurring in the groundwater. Because of long term industrial uses in the bayfront area, there is reason to suspect that soil and/or groundwater contamination may exist in the area. While it is not the intention of the petition to circumvent cleanup of potential problems, the removal of the beneficial use designation may result in the establishment of cleanup levels that are more reasonable considering the future use of the area. For example, if contamination is discovered and cleanup were pursued with the beneficial use designation in place, cleanup levels would be very stringent to achieve drinking water standards. But since there is little likelihood of any future domestic use of the groundwater, because of the reasons discussed above, cleanup to drinking water standards may not be reasonable. Additionally, removal of the beneficial use designation would allow establishment of cleanup levels that reflect the actual future use of the area, and may be less stringent. It is often the case that, where contaminated groundwater exists and: 1) the source of the contamination has been controlled or eliminated, 2) there is no migration of the contaminated groundwater, and 3) it has been demonstrated that no adverse environmental or health risks result from the contamination, then the area may not be the subject of regulatory enforcement even if the contaminant levels exceed established standards (a risk- based closure). The beneficial use designation, however, assumes domestic use of the groundwater and any risk-based regulatory closure would take into consideration this potential use. Therefore, it is likely that any exceedance of contamination beyond drinking water standards would not be tolerated, and a cleanup that might not otherwise be required would be imposed. Removal of the beneficial use designation would not have any adverse consequences to the City or the general public because of the infeasibility of future domestic use of the groundwater. The redesignation could potentially facilitate future development of the bayfront, and for that reason, staff is recommending that the Agency pursue the basin plan amendment. FISCAL IMPACT: The action involves financial participation in the cost of professional services and administrative costs (RWQCB staff time) for processing of the application. The estimated costs for such services (estimated by ROHR) is $110,000, which is proposed to be split equally among the City, Rohr and the Port, resulting in the City's share of $35,000. The City's financial obligation of $35,000 is proposed to be a not.to.exceed commitment only and any cost overruns would be borne by the other parties. Details of such arrangement will be included in the cost sharing agreement. Actual costs for processing the application are not known at this time and may be less than the estimated budget. The cost sharing agreement will outline the disbursement of funds to ensure that each of the three parties contributes equally on an ongoing basis. Funds to pay for the services will be appropriated or budgeted in FY 97.98 upon confirmation of actual costs. The recommendation for appropriation of funds will be accompanied by the proposed cost sharing agreement. IJM} M,\HOMElCOMMDEVISTAFF.REP\O2.11.97\B.yfmnt lFo',"",! 5. 1997 (10,3S.mJ ,d-d-. - - . o. RESOLUTION NO. / j- 30 - RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO FILE A PETITION WITH THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD FOR THE REMOVAL OF BENEFICIAL WATER USE DESIGNATION WEST OF 1.5 AND CONCEPTUALLY APPROVING PARTICIPATION IN THE FUNDING OF ADMINISTRATIVE AND CONSULTANT COSTS FOR SUCH PURPOSES UP TO $35,000 SUBJECT TO AGENCY APPROVAL OF A COST SHARING AGREEMENT WITH THE PORT AND ROHR AND AN APPROPRIATION OF FUNDS PRIOR TO THE AGENCY INCURRING ANY OUT-OF-POCKET COSTS 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, Rohr 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 NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby authorize staff to file a petition with the San Diego Regional Water Quality Control Board for the removal of beneficial water use designations west of 1-5, and conceptually approves participation in the funding of administrative and consultant costs for such purposes up to $35,000 subject to Agency approval of a cost sharing agreement with the Port and Rohr and an appropriation of funds prior to the Agency incurring any out-of-pocket costs Presented by Approved as to form by ~V~ C- Chris Salomone Director of Community Development [{JM} M,\HOMElCOMMDEV\RESOSlB,yf"ot 1J,""",y 31, 1997 {2,36pm}} 02-3 _. .. ..