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HomeMy WebLinkAboutAgenda Item Summary Forme,,.„A„ * AGENDA ITEM SUMMARY FORM � File ID: #13268 Og4 Date: 01/12/2023 Requesting Department: Department of Housing and Community Development Commission Meeting Date: 02/23/2023 Sponsored By: District Impacted: District 4 Type: Resolution Subject: Auth. Agreement - City with FDEP - Petroleum Restoration Program Purpose of Item: A RESOLUTION OF THE CITY OF MIAMI, AUTHORIZING THE CITY MANAGER TO EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), FOR THE PURPOSE OF GRANTING ACCESS TO CONDUCT A FDEP FUNDED ENVIROMENTAL ASSESSMENT AND IF NECESSARY, REMEDIATION ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FL, 33134, IN WHICH THE ENVIRONMENTAL ASSESSMENT WILL BE CONDUCTED BY A FDEP'S SELECTED CONTRACTOR AT NO COST TO THE CITY OF MIAMI, AND IN WHICH THE RESULTS OF THE ENVIRONMENTAL ASSESSMENT WILL REVEAL WHETHER THERE IS NEED FOR FURTHER TESTING AND REMEDIATION, OR RISK -BASED CORRECTIVE ACTION; AUTHORIZING THE CITY MANAGER TO ENTER A SITE ACCESS AGREEMENT WITH FDEP'S SELECTED CONTRACTOR FOR PERFORMANCE OF THE WORK; AND PROVIDING AN EFFECTIVE DATE. Background of Item: On May 10, 2021, pursuant to R-21-0229 the City Commission authorized the acquisition of the parcel located at 5215 West Flagler Street, Miami, FL 33134 ("Property"). The "Property" was previously a gas station and a remediation occurred at the "Property" upon closure of the station; however, some contamination remained at a deeper depth and is not currently exposed to the general public. On August 2021, Phase I Environmental Site Assessment ("ESA") was executed. Based on the information obtained during the Phase I ESA, it recommended the performance of the Phase II to verity the presence or absence of contaminants of concern in the subsurface from the former retail fuel stations which occupied this "Property". Although the City is not mandated to address any pre -construction environmental contamination at this time, an independent voluntary Phase II Environmental Assessment was conducted on September 13, 2021, at random portions of the "Property", in which the results revealed small traces of soil contamination still present below FDEP cleanup target levels, however the contamination in groundwater exceeds FDEP cleanup target levels. On October 11, 2022, FDEP issued a letter to the City of Miami, that indicated the eligibility for the state funding assistance for the site clearance. It also requested an access to the site to conduct FDEP funded environmental assessment and if necessary, remediation at no cost to the City of Miami. On November 4, 2021, a special Warranty Deed was issued to the "Property" for the purpose of facilitating redevelopment for affordable housing. The City's Administration recommends to execute a Petroleum Restoration Program Site Access Agreement, with the State of Florida Department of Environmental Protection ("FDEP"), for the purpose of granting access to conduct a FDEP funded environmental assessment and if necessary, remediation on City of Miami owned property located at 5215 West Flagler Street, Miami, FL, 33134, in which the environmental assessment will be conducted by a FDEP's selected contractor at no cost to the City of Miami. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $0 Reviewed By Department of Community and Economic Development Review Completed 01/31/2023 1:19 PM Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Marie Gouin City Manager's Office Larry M. Spring City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney Richard Appleton Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the City Clerk City Clerk's Office George Mensah Department Head Budget Analyst Review Completed 01/31/2023 2:36 PM Budget Review Completed 01/31/2023 3:30 PM Assistant City Manager Review Completed 01/31/2023 8:40 PM City Manager Review Completed 01/31/2023 9:01 PM Legislative Division Review Completed 02/01/2023 8:47 AM ACA Review Completed 02/10/2023 12:02 PM Approved Form and Correctness Completed 02/13/2023 9:36 AM Meeting Completed 02/23/2023 9:00 AM Rendered Completed 03/01/2023 3:52 PM of .�f City of Miami CityHall * iM°nr °°°TE° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0093 File Number: 13268 Final Action Date:2/23/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO GRANT SITE ACCESS TO FDEP'S CONTRACTOR IN ORDER TO CONDUCT A FDEP- FUNDED ENVIRONMENTAL ASSESSMENT ON, AND IF NECESSARY, A FDEP- FUNDED REMEDIATION OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO AGREEMENTS WITH FDEP'S CONTRACTOR IN ORDER TO PERMIT ACCESS TO THE PROPERTY TO COMPLETE SAID ASSESSMENT AND REMEDIATION, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, on May 10, 2021, pursuant to Resolution No. 21-0229, the City Commission authorized the acquisition of the real property located at 5215 West Flagler Street, Miami, FL 33134, as more particularly described in Exhibit "A", attached and incorporated ("Property"); and WHEREAS, the Property was previously a gas station and an environmental remediation occurred at the Property upon closure of the station, but some contamination remained even though it is not currently exposed to the general public; and WHEREAS, in August 2021, a Phase I Environmental Site Assessment ("ESA") was conducted and, based on the information obtained during the Phase I ESA, it is recommended that a Phase 11 ESA be performed to verity the presence or absence of contaminants of concern that may be impacting the Property; and WHEREAS, although the City of Miami ("City") is not currently required to address any pre -construction environmental contamination, a voluntary Phase II ESA was conducted on September 13, 2021, on the Property that revealed the presence of small traces of soil contamination that were below Florida Department of Environmental Protection ("FDEP") cleanup target levels and contamination in groundwater that exceeded FDEP cleanup target levels; and WHEREAS, on November 4, 2021, the City acquired the Property in order to redevelopment it into affordable housing; and WHEREAS, on October 11, 2022, FDEP issued a letter to the City that indicated that the Property was eligible for funding assistance, and requested access to the Property in order to conduct a FDEP-funded environmental assessment, and if necessary, a FDEP-funded remediation; and WHEREAS, the environmental assessment will be conducted by FDEP's contractor at no cost to the City, and the results of the environmental assessment will reveal whether there is a need for further testing, remediation, or risk -based corrective action; and WHEREAS, the City seeks to avail itself of the opportunity to permit FDEP to select a contractor through a preapproved rotation of vendors, through a previous State -managed competitive procurement process, to conduct the assessment and remediation of the Property, if necessary, and for associated funding of the aforementioned assessment and remediation to be directly between FDEP and the selected contractor; and WHEREAS, it is recommended that the City authorize the negotiation and execution of a Petroleum Restoration Program Site Access Agreement ("Access Agreement") with FDEP, for the purpose of granting access to conduct a Phase II ESA on, and if necessary, a remediation of the Property, where the environmental assessment and any necessary remediation will be conducted by a FDEP's contractor at no cost to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute an Access Agreement with FDEP to grant site access to FDEP's contractor in order to conduct a FDEP- funded environmental assessment on, and if necessary, a FDEP-funded remediation of the Property. Section 3. The City Manager is authorized' to negotiate and execute any and all other necessary documents, including but not limited to agreements with FDEP's contractor in order to permit site access to the Property to complete said assessment and remediation, all in forms acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i ft6riaWndek, City Nttor iey 2/13/2023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions.