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Home My WebLink About2010/04/20 Item 19 RECEiVED ~~~ -.- "- - ---- ...:;:~---- - - --- Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax '10 APR 14 P4 :14 CITY OF CHULA VIS;1\. A"EMO CITY CLERK'S OFFICt- V ~ cnv OF CHUlA VISTA April 12, 2010 RE: Donna Norris, City Clerk Lorraine Bennett, Deputy City Clerk Sheree Kansas, Records Specialist Mayorche~ICox~ Jennifer Quijano, Constituent Services ManagecJct Charter Review Commission & Design Review Board TO: VIA: FROM: Mayor Cox would like to recommend Randy Bellamy for appointment to the Charter Review Commission. Randy will replace Armida Martin Del Campo. Mayor Cox would also like to recommend Francisco Javier Nava for appointment to the Design Review Board. Francisco will replace David Bringas. Please place these items on the April 20, 2010 Council agenda for ratification and schedule the oath of office for the next available Council meeting. ((i\y \I\~ ( }b~1 Thank you. ;--, _ . \" _ (--:;'0 ~c) \\(::--,y (:~_ l.'- ~'v\:__,,-~,\,\ \"--' ,/ /,;:) _ 'tv,v'. tse \\,"-"",\ \'t \'--\v. N."V,' . .... / d.. 4/ I Y/ I s;:e'.....) (> 0\' c"-,.....;j c.. h,.!'\"" \J'i"\'(" b,o" H,d \ / {.~=."",'..L"~\10"\ ..----'9 /q A,,--B h-~\\-;"'~\ ~ 'r -\eM i q c:.... Dndate to City Council 20 April 2010 Forward progress continues along a number of fronts since the milestones achieved in February. This month as well as in March, concrete steps of importance necessary for moving the CVBMP forward were taken. This includes of course the issuance by the Port of San Diego of the Notice of Completion for the Port Master Plan Amendment and the FEIR, as well as the noticing of a joint hearing here in Chula Vista on May 18th to consider both. I am pleased to report, I still have a pulse. MARCH UNIFIED PORT ACTIONS 1. EXTENSION OF SERVICE AGREEMENT WITH CB URBAN DEVELOPMENT (CHARLES BLACK) FOR SERVICES IN CONNECTION WITH CVBMP. The Port continues to invest the necessary resources for successful completion and advancement of agreements and documents necessary for ultimate final approval of the CVBMP. This includes utilizing industry technical and legal experts with the necessary experience handling the many complex development, financing and legal agreements for large-scale projects such as ours. Mr. Black has been extremely valuable in his capacity as a consultant to the port working with both Port and CV staff on the land exchange and relocation agreements, as well as the financing and implementation agreements with CV and Goodrich Aerostructures, and the forthcoming Bayfront Coalition Settlement Agreement. 2. ENTERPRISE ZONE MOU. Board adopted MOU for cost sharing / administration with San Diego, Chula Vista, and National City for implementation of Regional Enterprise Zone. (CV adopted 2/2010). For Port purposes the REZ will include: All of Embarcadero All cruise & industrial terminals and piers All major industrial leaseholds NCMT & adjacent C&I Zones All of the CVBMP area Majority of Pond 20 1 Adoption represents a $97K annual commitment by POSD to cover 50% of funds payable by CV & NC to the City of San Diego under the agreement for FY 2008- 2012. 3. ISSUANCE OF COATAL DEVELOPMENT PERMIT FOR CLEAN UP AND REMEDIATION OF "L" DITCH. At its 2 March 2010 meeting the Board of Port Commissioners issued a Coastal Development Permit for clean up and remediation activities at the "L" ditch. (ATTACHMENT 1) The "L" ditch is an L shaped contaminated drainage ditch adjacent to the former South Campus of BFG. Portions ofthis drainage ditch are classified as degraded wetlands, isolated and contaminated from prior industrial use. (ATTACHMENT 2) Clean up and remediation are still necessary however to comply with a Cleanup and Abatement Order from the Regional Water Quality Control Board (CAO 98- 08) to address the discharge of contaminants. · Approx. 1 acre of contaminated wetlands will be removed and disposed (High Risk site excavation) and areas / zones deemed Low Risk will be remediated with clean soil covering and fill. . More than 3+ acres of replacement wetland will be created off-site at the western edge of the "D" Street fill. . The fill area is adjacent to the Sweetwater National Wildlife Refuge. The replacement area was designed in collaboration with USF&W which manages the refuge, and has designated the D Street Fill area as critical habitat for certain species. . Port and BF Goodrich will coordinate and be responsible for separate components of the clean up and remediation. PORT DISTRICT: 1. Will close existing terminus to prevent groundwater contamination to bay. 2. Install new drainage system separating surface and groundwater. New system will preclude tidal influence and re-establishment of temporary wetland. 3. Create the replacement habitat at D Street Fill. 2 GOODRICH: 1. Will undertake remediation work to include excavation / removal and fill / clean soil covering. Upon completion, and in conjunction with an approved land exchange, the remediation can make possible additional acreage and a consolidated parcel for future development (Pacifica). SCHEDULE (ATTACHMENT 3) Construction of Habitat Replacement Project at "D" Street fill: Winter 2010-11 Excavation / On-site Remediation at "L" ditch: Summer 2011 ISSUES / ASSUMPTIONS . Work at "D" street fill site constrained by Lease Tern & Snowy Plover nesting seasons. (Shown by green bar under "D" street fill) . Work at excavation / "L" ditch site constrained by rainy season. (Shown by green bar under "L-Ditch Construction") . "D" Street fill site project design not progressed to narrow required duration of construction, which may be impacted greatly by weather. . Access to the site is very constrained - may be inaccessible during wet weather. . Construction window may leave only approx. 4 months to complete work. This in turn could accelerate means / methods / work hours in order to complete within the window and drive up costs. . Schedule assumes 6-month period for resource agencies to process permit applications. Actual process time may exceed this. Regarding habitat replacement - agency requirements from permit processing may result in re-design issues / costs. If construction at "D" Street fill site can't begin this fall, construction for both portions of the project could slip one year. Worst case-scenario, even in the event of a one-year delay, the L-Ditch remediation would still be completed PRIOR to the estimated close of escrow with Pacifica (October, 2012) contemplated with the Exchange Agreement. 3 APRIL UNIFIED PORT ACfIONS 1. SB lO'lQ. · Potential adverse impacts to CV, CVBMP and member cities without marine terminal facilities, as written. . Bill Hall asked to spearhead dialogue. Developed conferences with key individuals / groups. . Conferences held 3/26 &4/1 with broad group of principals and Senator Ducheny. (Reps from POSD, NC, SD - Mayor's office, SANDAG, State Lands) Dialogue focused on the following: 1. Need to address /mitigate constraining Maritime/Maritime-Industrial impacts in communities hosting Port Maritime facilities / operations. 2. Degree to which POSD has or has not addressed these impacts and is /is- not planning improvements. 3. Senator's level of confidence these issues / needs will be addressed. 4. Whether POSD has latitude to provide / construct improvements and mitigate on Maritime adjacent properties under the Port Act without need for revision. 5. Constitutionality of proposed legislation, legal risks. 6. Report on list of prior and current anticipated projects and improvements. · Parties reached consensus that an approach within existing law is preferable. Proposal for Maritime Enhancement Group/Committee was developed with the endorsement of the Port Chairman and Senator Ducheny. The contemplated committee would consist of: Mayor of National City San Diego City Council rep. from district covering Tenth Avenue Marine Terminal. Two Port Commissioners (SD & NC). State Senator representing district including National City Marine terminal (currently 40th Senatorial) Assembly member from district including NCMT and TAMT (currently 79th AD) San Diego Port Tenants Association. Ad-Hoc: U.S. Navy & SANDAG. 4 . Senator Ducheny has until the end of this month to move the bill. . Bill in current form is scheduled in Senate Local Government on 5/5. . Port Board opposed in current form at April 6th board meeting. . CV is deciding vote on proceeding with committee concept. 2. BOARD AUTHORIZED PRELIMINARY PROJECT REVIEW AND COMMENCEMENT OF ENVIRONMENTAL REVIEW PROCESS FOR DEMOLITION AND REMEDIATION OF SBPP. · District received Dynegy's proposed demolition project in December 2009, and has been working with Dynegy for nearly 1 year with respect to their application and project development. . Board authorization allows staff to issue RFP for CEQA consultant for preparation of an EIR for the project. We anticipate a ,June 2010 authorization to select the consultant and enter three-party agreement with Dynegy for preparation. . Dynegy will bear consulting costs. Port staff is allowing for 18 month CEQA process. Phase 1 of project consists of demolition of structures per the Lease Agreement with the District. Phase II consists of remediation of the site per Environmental Remediation Agreement with District. · Dynegy is assuming expiration of both NPDES permit and RMR status on remaining turbines to occur at end of calendar 2010. . Dynegy will bear the cost of actual demolition and remediation work. Dynegy's target timeline: EIR Consultant Selection EIR Certification Initiate Regulatory Permitting Commence Demolition Complete Demolition / Remediation June 2010 December 2011 December 2011 2012 2014 5 A7TA-~( #-.:1-. AGENDA ITEM 10 Page 3 0'5 1. The District will seal off the existing drainage systems and the existing connections to the Bay at either end of the L-Ditch. This achieves an important requirement of the CAO by removing the existing drainage system as a potential pathway for contaminated groundwater to reach the Bay. 2. Goodrich will undertake the remediation work. The remediation work ;s established by a Wor\< Plan that is submitted to the RWQCB. The Work Plan describes the level of remediation efforts required for areas with various levels of contamination, which the Work Plan categorizes as high and low risk ZOnes. These efforts include excavation and disposal of contaminated materials in high- risk zones and clean soil covering for low-risk zones. Exhibit 1 of the attached Coastal Development Permit shows the location of the L-Ditch. Exhibit 2 of the attached Coastal Development Permit shows the high. risk and low-risk zones within the L-Ditch. 3. The District will install a new drainage system. The new drainage will follow the geometry of the L-Ditch at an elevation above the cever placed over contaminants to ensure separation of surlace water and groundwater. The drainage feature will consist of a Best Management Practice gravel and sand~ based filter design wilh an impermeable liner. The feature will be fed by surface flows, rather than the old drainage system, from the former South Campus. This new drainage system will preclUde the continuation of tidal influence and hence will no longer support a wetland. 4. The District will create a new replacement habitat at the 0 Street Fill to compensate for the loss of wetlands in the remediated L~Ditch. Exhibit 3 of the attached Coastai Development Permit shows the design concept for the habitat replacement at the D Street Fill. The design includes areas of mudflats, channels, vegetated banks, and transition. The habitat replacement consists of approximately 4.97 acres of improvements that include at least 3.3 acres of new wetlands. The Service designated the D Street Fill area as critical habitat for snowy plovers in 2005. The District has worked closely with the Service on the design of the habitat replacement to maximize the potential for snowy plovers. The design includes cennections between new foraging and nesting areas. This habitat replacement project would be the flrst active management step implementing the Service's critical habitat designation for the D Street Fill. A draft Habitat Replacement and Monitoring Plan, dated February 2010. is on file with the Land Use Panning Department. The Habitat Replacement and Monitoring Plan will be updated and refined through the permitting processes of RWQCB and U.S. Army Corps. of Engineers (ACOE). District will be required to adhere to a finalized Habitat Replacement and Monitoring Plan as part of the permits from RWQCB and ACOE. San Diego Unified Port District Board Meeting - March 2. 2010 ~A~ DUDEI< 61911_01 .....NLlARY:!l)1O Exhibit 1: L-Ditch and 0 Street Fill Location Map ._. - ,~ H .. . l~ ~. ~f . . i i . . , i~~&Fi !-:r p,)i;. Ii :Hii ~"rn " a <, II ,['f'.L. , ;;... ", , ;;:. -I ~ ~ . . , .' I i E t "r ~ ,~ ~ i · f ,. i Jl ~ ~ ~' " · · · "" ". ~ .:.: ;",,;.;1 2:. 'R,..I!UI!,J,J~:ii1'; ,,~. ! l .;"1 "UH'j'~ ..~ "l"i.tt99~.. 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