03-16-2004 CC RPT 07 - Laserfiche WebLink

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People Serving People CITY OF RIVERSIDE AGENCY MEMORANDUM Riverside 1998 HONORABLE MAYOR AND AGENCY MEMBERS DATE: March 16, 2004 ITEM NO: 7 SUBJECT: AUTHORIZATION TO INITIATE ACTION UNDER THE POLANCO REDEVELOPMENT ACT FOR PROPERTY AT 2871 UNIVERSITY AVENUE BACKGROUND: In January 2004, the Agency Board reviewed the benefits of utilizing the Polanco Redevelopment Act to render environmentally contaminated property developable, and adopted a resolution authorizing its use within redevelopment areas. Through the Polanco Act, the Agency may compel a property owner to perform site assessment, prepare a remediation plan, and complete any required site clean up, or otherwise complete the work at the owner's expense. The Polanco Act is enforced in circumstances in which the responsible party does not comply with the Agency's notice, and it is reasonably believed that environmental contamination exists at the property that is impeding development. CURRENT ISSUE: Responsible parties must be notified of action taken in accordance with the provisions of the Polanco Act. A "responsible party" within the meaning of the Polanco Redevelopment Act includes the "owner or operator of a facility" (42 U.S.C., Sec. 9607). A "facility" includes any site or area where a hazardous substance has been deposited, disposed of, or placed, or otherwise come to be located;" excluding consumer products in consumer use (42 U.S.C., Sec. 9601). The property at 2871 University Avenue, a boarded up former gas station, is one that requires further testing to determine the extent of the remaining contamination before a remediation plan can be prepared. The gas pumps were removed in 1999, and subsurface investigation revealed that petroleum had been released into the soil. A large open excavation still exists which has not been filled pending further soil testing. The owner at that time has since not responded to requests from the County Department of Environmental Health to complete the site remediation and has not paid the property taxes for about five years. In May 2003, a new owner purchased the property at a Tax Assessor's auction. The former owner has until July 2004 to notify the Tax Assessor that he or she did not receive proper notice and pay the back taxes, thereby recovering title to the property. For this reason, the new owner has been unwilling to spend the necessary funds to conduct the additional testing required by the Health Department, which is estimated at $30,000 to $40,000. This work would consist of the installation of underground wells for vapor testing to assess the remaining remediation required. Due to the known background of this site, staff requests authorization to require that the property owner of record provide all information available to them concerning the environmental conditions of their property to the Agency and complete the site assessment under the supervision of the County Department of Environmental Health, the State Regional Water Quality Control Board, and the Agency within 60 days. The attached draft 60-day notice has been prepared by the City Attorney's office. 7-1