HomeMy WebLinkAboutASCON Properties - 1987-07-20City of Huntington Beach
2000 MAIN STREET
OFFICE OF THE MAYOR
Telephone (714.) 536-5553
July 5, 1989
State of California Health and
Welfare Agency
Department of Health Services
Toxic Substance Control Division
245 West Broadway, Suite 350
Long Beach, CA 90802
Attn: John E. Scandura
Chief Site Mitigation
CA L I FO R N IA 92648
SUBJECT: "LEAD AGENCY" DESIGNATION FOR CLEAN—UP OF THE ASCON
LANDFILL SITE LOCATED AT 21641 MAGNOLIA STREET, HUNTINGTON
BEACH, CALIFORNIA
Dear Mr. Scandura:
This letter will serve as notification to your department that the City of Huntington
Beach has reviewed and concurs with the concept of the Department of Health Services
becoming the lead agency for clean—up of the Ascon Landfill site.
This designation will include all determinations under the California Environmental
Quality Act and assure compliance with the requirements of the Hazardous Substance
Act, as well as taking the lead for the coordination of other governmental agencies in
their review of the subject site.
The City does respectfully request that all public hearings be held in the City of
Huntington Beach; the City will provide the necessary facilities.
Sincerely
i
Wes Bannister,
Mayor
WB:MA:ss
I
Anjo, Japan SISTIER CITIES R'aitematzoj lldcaland
REQUEST FOR CITY COUNG,L ACTION
Date
Mawch 7, 1988
Submitted to: HONORABLE MAYOR AND CITY COUNCIL
Submitted by: PAUL COOK, City Administrator Pc.,
Prepared by: JAMES W. PALIN Deputy City Administrato
a ON 3'7-8a DPP
naV-9D
Subject: ASCON LANDFILL PROPERTY rL., 4dd4a�a I It1�d�^Yy.afrc�J
_I t ,poe Pre
Consistent with Council Policy? (] Yes [ ] New Policy or Exception DAJ
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Ascon Properties, Inc. as requested that the city undertake the role of coordinator for
remedial investigation (characterization) of the Ascon landfill site as there has been
considerable delay by the State Health Department in a final action on the Consent Order.
RECOMMENDATION:
Authorize the preparation of an agreement with Ascon Properties, Inc. subject to
reimbursement of all cost incurred for the city to serve as coordinator of the remedial
investigation (characterization) on the Ascon landfill site.
ANALYSIS:
Mr. John Lindsay, Vice President of Ascon Properties, Inc., met with the Ascon Council
Committee on January 28, 1988 to discuss the possibility of the city undertaking a
coordination role for the monitoring of the remedial investigation (characterization) of
the landfill site. Mr. Lindsay indicated to the Council Committee that their firm was
experiencing considerable delay through the State Health Department in trying to work
out details of the Consent Order to move ahead with their site characterization which is
needed to ultimately select an appropriate clean-up solution.
The Council Committee expressed reservation about entering into any agreement that
would designate the city as lead agency for remedial investigation and feasibility study
phase of the clean-up for the Ascon landfill site. However, there appears to be a
consensus that if the coordinator role could expedite ultimate resolution to the problem,
that the city would be willing to move ahead with this portion of the effort
(characterization) so long as this coordination effort would not increase the city's liability
on subject property.
Staff has explored this question with Gail Hutton, City Attorney, and her response is
attached hereto in which she has indicated that the coordination effort should not add
additional liability so long as the characterization effort was conducted under direction of
the State Health Department.
No 5/85
RCA - Ascon
Page 2
Administration has also requested that any agreement include a provision to allow the city
to be reimbursed for all costs incurred in this coordination effort. The question of
reimbursement came up at the meeting, and Mr. Lindsay concurred that "yes" they would
agree to repay the city for our costs.
Attached herewith is a January 18, 1988 report submitted to Mr. Lindsay on the scope of
work on remedial investigation/feasibility study tasks as well as more recent January 25,
1988 letter in which Radian outlines responsibility of the city, should the city decide to
become lead agency. In our discussion with Mr. Lindsay, we were most emphatic that we
would not take lead agency role at this time but only a coordinator role to expedite
remedial investigation (characterization).
ALTERNATIVE ACTION:
Not to authorize an agreement on coordination of remedial investigation
(characterization) and to allow investigation of the site to take place at some later date
under the State Health Department coordination effort.
FUNDING:
Ascon Properties, Inc. reimburse on all costs.
ATTACHMENTS:
1. Report from Radian on Scope of Work for Remedial Investigation/Feasibility Study
Tasks.
2. Letter from Radian.
3. Letter from Ascon Properties, Inc.
4. Memorandum from Gail Hutton
JWP:lp
RwoIwf*
4LORPORATION
January 18. 1988
RECEIVE®
JA N 19 1988
Office of Zoning Administrator
Mr. John Lindsey
Vice President
Ascon Properties, Inc.
21572 Surveyor Circle
Huntington Beach, California 92646
255-006-09-90
Subject: Scope of Work for Remedial Investigation/Feasibility Study Tasks
Dear.Mr. Lindsey:
Enclosed for your review is the Scope of Work and cost estimate for the
Remedial Investigation Feasibility RI/FS Study work at the Ascon Landfill
site.
If you have any questions regarding the scope or the costs of this additional
work, please contact either Jack or myself.
If the enclosed material meets with your satisfaction, please contact Jack so
that an amended contract can be sent to you for your signature.
Sincerely,
/q. 7-1 /S-O-Z/V�
Mark Galloway
Project Director
MTG/kats
Enclosure
cc: P.K. Beekley - CH2M Hill
J.D. Gouge - Radian
C.E. Schmidt - Radian
C.E. Koerner - Radian
R.V. Overby - Radian
Project File 7.2
10395 Old Placerville Rd./Sacramento, California 958271(916)362-5332
RADIAN
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ASCON Properties Inc.
Statement of Work
Remedial Investigation/Feasibility Study
This Scope of Work outlines the activities included in the Remedial
Investigation/Feasibility Study (RI/FS) to be performed at the ASCON Proper-
ties Landfill Site, in Huntington Beach, California.
1.0 REMEDIAL INVESTIGATION WORK PLAN - PLANNING
The purpose of this task is to provide the technical services to
assemble, review, and evaluate all of the available data from past investi-
gations at the ASCON Landfill site, identify any data gaps which may exist,
and integrate this information into a comprehensive Remedial Investigation
(RI) Work Plan. These data, when combined with the information gathered
during implementation of the Work Plan, will result in a "full site charac-
terization" under CERCLA which will satisfy the needs of the regulatory
agencies, the City of Huntington Beach, and the residential community sur-
rounding the site.
1.1 Data Assessment/Database Preparation Task
As part of the development of
RI work plan, Radian will ensure that
all relevant data are identified and
are
organized for use
in the RI/FS
program. Of particular importance will
be an
assessment of the
quality of_ the
available data, and a determination of
what
additional data are required to
sufficiently characterize the environmental
health risks and
evaluate the
remedial alternatives.
Radian has determined that a large amount of information and analyt-
ical data are available from past investigations of the ASCON site. These
data will be organized in a database which will be applicable for presenting
the nature and extent of contamination at the site. This activity is a
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necessary step for integrating the results of past investigations into a
comprehensive RI/FS program. Data will be incorporated into the Radian Com-
puter Plotting System (CPS), which is capable of producing contour and cross-
section maps.
The CPS data, in combination with a detailed interpretation of
available historical aerial photography, will be used to accurately determine
the historical lateral extent of the large lagoons and the locations of the
chemical pits. In combination with soil boring and lagoon sounding data, much
of which already exists, CPS will be used to calculate volumes of contaminated
material at the site. Detailed cross -sections of the waste layers will be
prepared to correspond to this method of data organization and presentation
will allow Radian to most efficiently determine additional data needs, by
selecting the minimum number of sampling locations that are necessary to
completely characterize the site.
When planning data acquisition needs, particular attention will be
paid to ensure that the necessary information will be available to perform the
initial screening of remedial technologies and the formulation, screening, and
evaluation of alternatives in the Feasibility Study phase of the project.
1.2 Quality Assurance Project Plan/Work Plan Task
Radian will prepare, for review and approval, a detailed, compre-
hensive Quality Assurance Project Plan/Work Plan (QAPP) prior to initiating
field activities. This plan will insure that all studies performed at the
ASCON site produce scientifically accurate and defensible data and are in
conformance with all regulatory requirements. The QAPP will include protocol
and procedures for all field, laboratory, and data management activities to be
used. It will be Radian's intent to plan the investigation so that all
necessary information can be obtained in a single field investigation, pre-
venting the remobilization of equipment and staff.
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The preparation of the QAPP for the RI work plan will follow the
guidelines set out by EPA in "Interim Guidelines and Specifications for
Preparing Quality Assurance Project Plans" (December 1980). EPA policy
requires compliance with this document for all EPA associated projects.
According to this document, "the QAPP presents, in specific terms, the po-
licies, organization, functional activities, and specific quality assurance
(QA) and quality control (QC) activities designed to achieve the data quality
goals of the specific project." Other regulatory documents which will be
followed during the preparation of the RI work plan's QAPP include EPA'S
"Guidance on Remedial Investigations Under CERCLA" (June 1985) and the "Guid-
ance on Feasibility Studies Under CERCLA" (June 1985), as well as the "Cali-
fornia Site Mitigation Decision Tree Manual" (May 1986) prepared by the
California Department of Health Services.
Each of the sections required by the EPA guidelines will be ad-
dressed in a complete and thorough manner. The completed document will be a
comprehensive work plan which will allow implementation of a full site charac-
terization of the ASCON site. A draft and a final RI work plan document will
be prepared as part of this task. A draft work plan will be prepared for
ASCON and regulatory agency review and will be followed by the preparation of
a final work plan. The costing for this task is based on timely review by the
regulatory agencies. Should the review schedule by significantly extended, or
the agency oversight be unusually critical, amendments to the pricing proposal
may be required.
s
1.3 Health and Safety Plan Task
A Health and Safety Plan will be prepared as part of the RI work
plan and will govern all site activities pertaining to the remedial investiga-
tion. This document will form the basis of a safety program designed to
protect the health and safety of workers conducting hazardous waste investiga-
tions.
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This document will be prepared in accordance with various EPA,
NIOSH, and California Department of Health Services guidelines and will also
conform to the Radian Corporate Safety Plan. The primary guidance document
will be "Occupational Safety and Health Guidance Manual for Hazardous Waste
Site Activities" (October 1985) prepared as a joint effort by NIOSH, OSHA,
EPA, and the U.S. Coast Guard. The Health and Safety Plan will address all of '
the required sections in a complete and thorough fashion.
The Health and Safety Plan will consider all areas of the site and
will be written in a modular style so that direction is given for area -spe-
cific health and safety. An example is those activities associated with the
study of the hazardous waste (chemical pits) versus the oil field wastes.
A draft and a final Health and Safety Plan will be prepared as part
of this task. A draft Health and Safety Plan will be prepared for ASCON and
regulatory agency review, and will be followed by the preparation of a Final
Health and Safety Plan.
h
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2.0. FIELD WORK
2.1 Subcontractor and Equipment Acquisition Task
The proposed budget includes funds for drilling activities at the
Ascon site. If desired by Ascon, Radian will prepare a scope of work for the
acquisition of a drilling (or other) subcontractor, and a list of potential
bidders. Ascon could then add to the list, obtain bids, and negotiate rates
in order to minimize costs. However, the final selection must be approved by
Radian, and Radian will retain control of the supervision of subcontractors in
the field.
2.2 Soil/Waste/Ground-Water Sampling Task
A large amount of data has been collected from previous sampling
projects concerning the soil contaminants of the Ascon site. These data
supply a great deal of information toward characterization of the full site,
yet some data gaps exist. Major areas where data are lacking include the type
of contaminants found in the nine individual chemical pits identified by
historic aerial photography. To date, none of these pits have been sampled,
and it will be the intent of this task to collect samples from one boring in
each of the nine pits. Soil samples will also be taken from each of the five
major lagoons and from up to six additional borings at the site. Samples will
be composited and screened with field instruments in order to collect data in
the most cost-effective manner. Information obtained from these boreholes
will fill in gaps where existing data are lacking. Approximately 30 soil
samples, analyzed for total organics, total petroleum hydrocarbons, and metals
are anticipated, as indicated by the laboratory analysis budget. These
boreholes will also be used to obtain the emissions measurements necessary to
evaluate remedial action alternatives in the Feasibility Study. In addition
to the analyses required for site characterization, some engineering analysis
will be required in order to successfully conduct a Feasibility Study. The
exact type of analysis has not yet been determined, but may include
1/18/88-kats 5
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C O! P O U A V I O M
oil/water/soil separability, btu content, ash content, or toxicity. Bench -
and pilot -scale studies are not included in this Scope of Work.
A number of ground -water monitor wells have been previously in-
stalled at the site and presumably are still in operable condition. Conclu-
sions resulting from sampling of these wells have indicated that there is
little or no migration extending laterally beyond the boundaries of the site.
One ground -water sample in the vicinity of the "styrene" pit has indicated the
presence of contaminants in the ground water. Additional wells around these
pits are proposed to determine the nature and extent of ground -water contami-
nation. A total of 12 analysis for total organics and metals are anticipated.
Additionally, existing and proposed wells will require measurement of vertical
elevation by a licensed California surveyor in order to evaluate the elevation
of the water table and determine the direction of ground -water flow.
Also, to successfully implement a remedial action, it will be
necessary to obtain information concerning the rate of contaminant air emis-
sions due to the various types of wastes present on site. In order to accom-
plish this, data will be gathered using surface, shallow subsurface, and
downhole emission flux techniques. Approximately 30 air samples are antici-
pated to be collected using evacuated stainless steel canisters. Emission
rates calculated from these samples will be used to determine the surface area
of waste that can be exposed while remaining below emission criteria designed
to protect the public health.
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3.0 REMEDIAL INVESTIGATION REPORT
An integral part of the ASCON RI/FS is to consolidate the results of
the remedial investigation activities into a formal report and to use the data
to evaluate a variety of remedial alternatives. The RI report will char-
acterize the site and its environments and will draw conclusions from the data
collected from all investigative tasks.
Results of the remedial investigation activities will be used to
develop an understanding of the existing environmental and public health
impacts in the form of a contamination assessment. The results will be used
during the evaluation of remedial action alternatives and later in developing
the conceptual design of a selected alternative plan.
3.1 Data Entry and Management
The database management system developed in Subtask 1.1 will be
implemented during this task. The database management system will provide
efficient handling and integration of data currently available and new data
collected during the RI/FS.
3.2 Report Format and Report Preparation
The ASCON RI Report will present the site characterization results
in a complete and thorough fashion. Table 1 is a proposed outline for the RI
report. All elements of the various drilling programs performed will be
included, as will specific results from geologic mapping, air quality assess-
ment and ground water sampling. The report will include not only fully
analyzed and interpreted investigation results, but also the methodology used
and .analytical data.
As described, a large amount of data will be assimilated, evaluated,
and interpreted in order to construct a comprehensive picture of the ASCON
site and its influence on adjacent properties. Since the objective is to
integrate as much of the previously collected data as possible, QA review will
play an important role in determining the representativeness, reliability and
completeness of all data.
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TABLE 1. PROPOSED ASCON LANDFILL RI REPORT OUTLINE
1.0 INTRODUCTION
1.1 Site History
1.2 Description of Problem
1.3 Remedial Investigation Overview
2.0 ENVIRONMENTAL SETTING
2.1
Physiographic Setting
2.2
Soils
2.3
Geology
2.4
Surface Water
2.5
Demographics and Land Use
2.6
Biota
2.7
Climate'
3.0 SOIL/WASTE INVESTIGATION
3.1
Sampling Methodology
3.2
Waste Types and Characteristics
3.3
Presentation of Analytical Results
3.4
Quality Control
4.0 HYDROGEOLOGIC INVESTIGATION
4.1 Monitoring Well Installation
4.2 Sampling Methodology
4.3 Ground Water Flow
4.4 Presentation of Results
4.5 Quality Control
5.0 AIR INVESTIGATION
5.1 Sampling Methodology
5.2 Presentation of Results
5.3 Quality Control
6.0 PUBLIC HEALTH AND ENVIRONMENTAL CONCERNS
6.1 Environmentally Sensitive Receptors
6.2 Public Health Impacts
6.3 Contaminant Transport Pathways
REFERENCES
APPENDICES:
- Aerial Photography
- Monitoring Well and Boring Logs
- Survey Data and Water Level Measurements
- Laboratory Analytical Data (Separate Volume)
1/18/88-kats 8
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4.0 FEASIBILITY STUDY
The purpose of this task is to perform those activities necessary to
produce a Feasibility Study (FS) of remedial action alternatives in accordance
with federal, state and local regulations. The FS is based on the results of
the RI, which is conducted to obtain information needed to identify, select
and evaluate remedial action alternatives in the feasibility study. The
screening and evaluation of alternatives is based on technological, public
health, institutional, cost and environmental considerations.
4.1 Feasibility Study Process
The FS process consists of the following activities:
• Define problem and develop general response objectives and
actions,
• Identify and screen remedial technologies,
• Formulate and screen remedial alternatives,
• Conduct analysis of remaining alternatives,
• Summarize alternative evaluation,
• Develop conceptual design, and
• Prepare feasibility study report.
Radian will develop remedial response (cleanup) objectives early in
the RI/FS process, based on public health and environmental concerns and
requirements of applicable state and federal statutes. These cleanup
1/18/88-kats .9
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objectives will aid in the selection of remedial actions that provide adequate
protection of public health and welfare, and the environment.
Additionally, Radian will develop general response actions based on
site information from the RI. The general response actions will include the
"no action" alternative as a baseline against which other measures can be
measured.
Once the site problem is characterized and response objectives and
actions identified, Radian will identify potential technologies that mitigate
the individual environmental and health problems.
After identifying potentially applicable technologies, they will be
screened to eliminate those technologies that are 1) considered unproven,
2) are difficult to implement, 3) have inherent technical or physical limita-
tions and not suited for application at the site, or 4) may not achieve
cleanup objectives within a reasonable time frame. This screening is based
primarily on environmental and health criteria, but costs will also be consid-
ered.
Remedial alternatives will then be formulated by combining technolo-
gies to address all contaminate pathways and points of exposure. Once a list
of remedial action alternatives is developed, alternatives will be screened to
eliminate those which are an order of magnitude more costly than other alter-
natives and/or have adverse environmental impacts which preclude their ;ise.
Alternatives that satisfy the remedial response objectives and contribute
substantially to the protection of public health, welfare, and the environment
will be further considered.. These alternatives maybe associated with one or
more of the following categories:
• Alternatives for treatment or disposal at an off -site facility
approved by EPA, as appropriate;
1/18/88-kats 10
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• Alternatives which attain applicable and relevant federal
public health or environmental standards;
• As appropriate, alternatives which exceed applicable and
relevant public health or environmental standards;
• Alternatives which do not attain applicable or relevant public
health or environmental standards but will reduce the likeli-
hood of present or future threat from the hazardous substances.
This must include and alternative which closely approaches the
level of protection provided by the applicable or relevant
standards and meets CERCLA's objective of adequately protecting
public health, welfare, and environment; and
• A no -action alternative.
Those alternatives which remain following screening will be subject-
ed to a detailed analysis. The objective of this analysis is to select the
most cost-effective alternative, as required by CERCLA and the NCP. Each
alternative will be evaluated for the following factors:
• Technical considerations,
• Environmental concerns,
• Public health concerns,
• Institutional concerns, and
• Costs.
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4.2 Feasibility Study Report
Once the detailed analysis of the remedial alternatives is completed
and a single remedial alternative is recommended, the findings and results of
the evaluation will be summarized in a draft feasibility study report. The
report will contain a description of each of the alternatives considered,
describing the advantages and disadvantages of each. Specific. elements in
these discussions will include:
• A description of the combined technologies that make up the
remedial alternative,
• Control, storage, treatment and/or disposal requirements;
• Special engineering, safety, environmental, public health, and
welfare, or other considerations that affect the feasibility of
each alternative;
• Operation, maintenance, and monitoring requirements for the
short- and long-term;
• Aspects of the public health or environmental inputs that the
alternative will or will not control;
• A conceptual design of the recommended alternative; and
• An implementation schedule.
The final feasibility study report summarizes and addresses public
comments on the draft feasibility study report. A draft and final report will
be prepared as part of this total task. Table 2 is a proposed outline for the
FS Report.
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CORWORATION
TABLE 2. PROPOSED ASCON LANDFILL FS REPORT OUTLINE
EXECUTIVE SUMMARY
1.0 INTRODUCTION
1.1 Site background information
1.2 Nature and extent of problems
1.3 Objectives of remedial action
2.0 SCREENING OF REMEDIAL ACTION TECHNOLOGIES
2.1 Technical criteria
2.2 Environmental and public health criteria
2.3 Institutional criteria
2.4 Other screening criteria
2.5 Cost criteria
2.6 Remedial action alternatives development
3.0 REMEDIAL ACTION ALTERNATIVES
3.1 Alternative 1 (No Action)
3.2 Alternative 2
3. n Alternative n
4.0 ANALYSIS OF REMEDIAL ACTION ALTERNATIVES
4.1 Non -cost criteria analysis
4.1.1 Technical feasibility
4.1.2 Environmental evaluation
4.1.3 Institutional requirements
4.1.4 Public health evaluation
4.2 Cost analysis
5.0 SUMMARY OF ALTERNATIVES
6.0 RECOMMENDED REMEDIAL ACTION (Optional)
7.0 RESPONSIVENESS SUMMARY (In final Version Only)
REFERENCES
APPENDICES
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5.0 RI/FS SCHEDULE
Figure 1 shows a proposed schedule for the completion of the
remedial investigation and feasibility study, respectively. Inherent in this
schedule are several assumptions:
• Minimum review and comment periods of two weeks between
submittal of draft and final reports.
• Field work is scheduled without consideration of delays due to
bad weather or complications in obtaining permits.
• Field sampling will occur over a 4-week period; two 10 days on
and 4 days off rest periods.
• Health and safety is assumed to require Level B protection.
• This budget assumes attendance by Radian personnel at four
meetings. The RI and FS report can each be presented to the
regulatory agencies and public at the draft and final report
stage.
• The present FS schedule assumes that the information obtained
from the RI investigation will not affect the scope of the FS
evaluation process and duration.
6.0 PROPOSED COST ESTIMATE
The cost estimate for the RI and RS activities by task are presented
in Attachment 1.
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0
SCHEDULE(WEEKS)
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44
1 I 1 1 1 1 1 1 1 1 1 1.1 1 1 1 1 1 1 1 1 1 t
Remedial Investigation
BEGIN WORK PLAN DEVELOPMENT
QUALITY ASSURANCE PROJECT PLAN
HEALTH AND SAFETY PLAN
0 •
DATA REVIEW
RI WORK PLAN SUBMITTAL Q
RI WORK PLAN APPROVAL Qb
FINAL RI WORK PLAN Q 7
0 •
DATA BASE MANAGEMENT
PROGRAM MANAGEMENT
4 Y
SUBCONTRACT PROCUREMENT
FIELD WORK
21
DATA ANALYSIS
2,
DATA ENTRY F—I
2S
DATA MANIPULATION
21 31
REPORT PREPARATION
24
INTERNAL REVIEW
32
DRAFT REPORT SUBMITTAL Q
34
AGENCY/PUBLIC REVIEW H 37
FINAL REPORT REVISION
FINAL REPORT SUBMITTAL Q
Feasibility Study
FS WORK PLAN SUBMITTAL
FS WORK PLAN APPROVAL
REMEDIAL ALTERNATIVE ANALYSIS
SITE DEVELOPMENT PLANS
REPORT PREPARATION
INTERNAL REVIEW
DRAFT REPORT SUBMTTAL
AGENCY/PUBLIC REVIEW
FINAL REPORT SUBMITTAL
e
Q
10
Q
6
,e
Q
8
30
FIGURE 1. PROPOSED SCHEDULE FOR ASCON LANDFILL RI/FS.
15
34
-11
38
Q 41
44
Q
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ATTACHMENT 1
Cost Estimate Spreadsheet
Page 1 of 2
ASCON RI+'FS
TASK 01 - Planning
TASK
01 - FIELD
WORK
TASK
03 - REPORTING (RI)
TASK
04
Revised January 18,
1988
SUBTASK
1.1
SUBTASK 1.1
SUBTASK
1.3
SUBTASK,
7.1
SUBTASK
2.2
SUBTASK
2.3
SUBTASK 3.1
SUBTASK
3.2
SUBTASV
4.0
1;\PROJ\255006\O99OC-R.WR1
/ DLA
TOTAL
Data Base
PREPARE
HEALTH 8
SUBCONTRACTOR
t
SOIL / HASTE /
FIELD
DATA
ENTRY
REPORT
FEASABILITY
COST
Data Assesssent
OAPP
SAFETY
PLAN
EQUIPMENT
ACO, GROUNDWATER
SAMPLING
MANAGEMENT
----------------
6 MANAGEMENT
----------------
PREPARATION
----------------
STUDY
----------------
RATES
----------------
HOURS
COST($)
----------------
HOURS
COST($)
_ ----------------
HOURS COSTIf)
----------------
HOURS
COST(f)
----------------
HOURS
COST($)
----------------
HOURS
COST($)
HOURS COST($)
HOURS
COST($)
HOURS COSTIS)
HOURS
COST($)
DIRECT LABOR
-----
=
-------
-----
-------
------------
-----
-------
-----
-------
-----
-------
----- -------
-----
-------
----- -------
-----
-------
I J. Gouge'
110.15
144
15862
8
881
8
881
8
881
8
981
4
441
4
441
4
441
60
6609
40
4406
2 C. E. Schmidt
96.39
134
12916
31
3084
8
771
8
771
4
306
8
771
8
771
12
1157
30
2892.
24
2313
3 R. Overby
81.38
900
73242
60
4883
60
4883
20
1628
40
3255
32
2604
60
4883
18
1465
260
21159
350
28483
4 C. E. Koerner
81.38
375
30518
100
8138
32
2604
24
' 1953
4
326
10
1628
24
1953
lb
1302
80
6510
75
6104
5 M. T. Galloway
69.41
332
23044
32
2221
12 -
833
8
555
8
555
0
0
16
1111
16
1111
120
8329
120
8329
6 J. A. Lowe
61.53
164
10091
16
984
0
0
B
492
0
0
0
0
0
0
0
0
0
0
140
8614
7 ENGISCI IV
61.53
120
7384
20
1231
20
1231
0
0
0
0
0
0
0
0
0
0
40
2461
40
2461
8 E/S 111
52.71
540
2B463
20
1054
0
0
14
1265
16
843
180
94BO
0
0
0
0
100
5271
200
1054'
9 S. M. 6attis
52.71
308
16235
100
5271
8
422
0
0
0
0
0
0
0
0
60
3163
80
4217
60
31
10 E/S 11
42.74
200
8540
0
0
0
0
0
0
0
0
160
6838
0
0
0
0
40
1710
0
0
11 M. J. Theissen
42.74
13B
5898
20
855
8
342
0
0
0
0
0
0
0
0
0
0
60
2564
50
7137
12 L. Asche
3B.43
140
5380
16
615
24
922
0
0
0
0
0
0
0
0
0
0
60
2306
40
1537
13 F. 0, Weyman
32.76
232
7600
32
1048
;. 0
0
0
0
32
1048
32
1048
20
655
100
3276
16
524
0
0
14 K. Sidley
37.03
344
11018
0
0
40
1281
24
769
0
0
-------
0
-------
0
-------
0
--------------
0
0
-------
0
-------
120
--------------
3844
160
-------
5125
-------
TOTAL (LABOR)
-------
4071
-------
256199
-------
456
-------
30266
------- -------
210
14170
-------
124
-------
8314
-------
112
7294
436
22810
132
9813
226
11913
1066
68396
1299
83214
TRAVEL
Air [RT SAC-Orance
Col
240.00
12
2880
2
480
0
0
0
0
0
0
8
1920
2
480
0
0
0
0
0
0
Subsistance
85.00
60
5100
0
0
0
0
0
0
0
0
55
4675
5
425
0
0
0
0
0
0
Rental Van / day
75.00
20
1500
0
0
0
0
0
0
0
0
20
1500
0
0
0
0
0
0
0
0
Rental Car / day
55.00
26
1430
0
0
0
0
0
0
0
0
15
025
11
605
0
0
0
0
0
0
Gasoline
1.25
100
115
0
0
0
0
0
0
0
0
100
125
0
0
0
0
0
0
0
0
Mileage - VAN
0.15
200
30
0
0
0
0
0
0
0
0
-------
200
30
-------
0
0
-------
0
0
-------
0
-------
0
0
0
-------
Subtotal Travel
-------
11065
-------
480
-------
0
-------
0
0
9075
1510
0
0
0
6/A t
10.01
1107
48
=------
0
0
0
908
-------
151
-------
0
-------
-------
0
0
-------
TOTAL TRAVEL'
-------
12171
-------
52B
0
-------
0
-------
0
9983
1661
0
0
OTHER DIRECT COSTS
PrintingfCopies
1450
200
50
0
0
0
0
200
500
500
Bottles
300
0
0
0
0
300
0
0
0
0
Calibration Gases
500
0
0
0
0
500
0
0
0
Shipping 6 Fed Ex
1200
50
0
0
0
850
0
0
150
150
Safety Materials (1)
1800
0
0
0
0
1800
0
0
0
0
Miscellaneous Supplies
1020
0
0
0
0
1000
0
20
0
0
OVA [1150.00/Wk)
300
0
0
0
0
300
0
0
0
Photo Enlarging
350
100
0
0
0
0
0
0
1150
-------
Subtotal ODCs
-------
6920
-------
350
-------
50
-------
0
0
-
4750
0
220
900
650
G/A !
10.01
692
35
5
0
0
475
0
-------
22
-------
-------
90
65
-------
TOTAL OTHER DIRECT
COSTS
-------
7612
-------
385
-------
55
-------
U
-------
0
-------
5225
0
242
990
715
Pave 2 of 2
d
ASCON RI/FS
TASK 01 - Planning
TASK
02 - FIELD WORK
TASK 03 -
REPORTING IRI)
TASK 04
Revised January 19, 1988
SUBTASK 1.1
SUBTASK, 1.2
SUBTASK 1.3
SUBTASK 2.1
SUBTASK 2.2
SUBTASK 2.3
SUBTASK 3.1
SUBTASK 3.2
SUBTASK 4.0
C:\PROJ\255006\0990C-R.WR1
/ DLA
TOTAL
Data Base
PREPARE
HEALTH 1
SUBCONTRACTOR
6
SOIL / WASTE !
FIELD
DATA ENTRY
REPORT
FEASABILITY
COST
Data Assessment
OAPP
SAFETY PLAN
EQUIPMENT ACO.
GROUNDWATER SAMPLIN
MANAGEMENT
----------------
$ MANAGEMENT
----------------
PREPARATION
----------------
STUDY
----------------
----------------
RATES
COST($1
----------------
COST($)
----------------
COST($)
----------------
COSTI$)
----------------
COST($)
----------------
COST($)
COST($)
COST($)
COST($)
COST(S)
DIRECT LABOR
-----
-------
-------
-------
-------
-------
-------
-------
-------
ANALYTICAL
1 419.1
65.00
36
2340
0
0 0
0
0
0 0
0
36 2340
0 0
0
0 0
0 0
0
2 8240/8270
800.00
24
19200
0
0 0
0
0
0 0
0
24 19200
0 0
0
0 0
0 0
0
3 200.7 (water)
90.00
36
3240
0
0 0
0
0
0 0
0
36 3240
0 0
0
0 0
0 0
0
4 624/625
150.00
15
11250
0
0 0
0
0
0 0
0
15 11250
0 0
0
0 0
0 0
0
5 200,7 (soil)
90.00
15
1350
0
0 0
0
0
0 0
0
15 1350
0 0
0
0 0
0 0
0
6 SOIL VAPOR
750.00
30
22500
0
0 0
0
0
0 0
0
30 22500
0 0
0
0 0
0 0
0
7 Engineering Analysis
5000
0
0
0
0
5000
-------
0
-------
-------
0
-------
0
-------
0
SUBTOTAL ANALYTICAL
-------
43340
-------
-------
0
0
-------
-------
0
0
43340
0
0
0
0
6/A 2
10.01
4334
0
0
0
0
4334
-------
0
-------
-------
0
-------
0
-------
0
TOTAL ANALYTICAL
-------
47674
-------
-------
0
0
-------
-------
0
0
47674
0
0
0
0
SUBCONTRACTOR
1 Driller 12)
50000
0
0
0
0
50000
0
0
0
0
2 Surveyor
1000
0
0
-------
0
-------
0
0
-------
1000
-------
-------
0
-------
0
-------
0
SUBTOTAL SUBCONTRACTORS
-------
51000
-------
-------
0
0
0
0
50000
1000
0
0
0
G/A !
0.01
0
0
0
0
0
0
-------
0
-------
-------
0
-------
0
-------
0
TOTAL SUBCONTRACTORS
-------
51000
-------
-------
0
0
-------
-------
0
0
50000
1000
0
0
0
TOTAL PROJECT 374657 374657
11) Assumes Level B personnel protection.
(2) 4 week 10.0 hr. days 2 250.00/hour = $50,000.00.
31179 14225 8314 7294 135700 12474 12155 69386 83929
WHEN RECORDED MAIL TO
STATEWIDE FORECLOSURE Sr MS
-' 5925 CERRITOS AVENUE
I —
CYPRESS, CA 90630,,
4 ,
(714)828-3280
Attn: Trustee Department
TITLE ORDER NO. 216 0 4 412 —19
RECEIVED = .
CITYCLERK
CITY OF /` s nYN o
S HUNTING T 01i .FACH, C iLIF.,
(72?G%.ato
�,• JUL o I? 01 PM °nn
SPACE,ABOVE THIS LINE FOR RECORDER'S USE
TRUSTEE SALE NO. 8 9 018 5 REFERENCE NO,
NOTICE OF TRUSTEE'S SALE
—I
YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 02/24/88.. UNLESS YOU TAKE
ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU
NEED AN EXPLANATION OF THE NATORE OF ;:THE PROCEEDINGS AGAINST YOU, YOU
SHOULD CONTACT A LAWYER.
On 7-20 90 at I0':00 A.M., STATEWIDE FORECLOSURE SERVICE'S as the duly appointed
1 rustee under and pursuant to Deed of Trust,, Recorded;, on 03 / 01 / 8 8 as Document No. 8 8 - 0 9 215 5
Pa a Of Official Records in the office of the Recorder of ORANGE County, California, executed by:
CASCON PROPERTIES INC., A CALIFORNIA CORPORATION
WILL SELL AT PUBLIC. `AUCTION TO THE HIGHEST BIDDER FOR CASH, (payable at time of sale in lawful
money of the United States, by cash, a cashier's :,check drawn by.a state or national bank, a check drawn by
a state or federal credit union, or a check drawn1by a state or federal. savings and loan association, savings.
association, or savings „bank specified in section, 5102 of .the Financial Code and authorized to do business
in this state.) At:
AT THE NORTH;;FRONT ENTRANCE
TO THE COUNTY COURTHOUSE, i
700 CIVIC CENTER DRIVE WEST
SANTA ANA, CA
all right, title and Interest conveyed to and now Meld by it under said Deed of Trust In the property situated in
said County, describing: the land therein: PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 86-442,
CITY OF HUNTINGTON BEACH, COUNTY, OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP FILED IN BOOK 226, PAGES 19:'TO 21`=',,INCLUSIVE OF PARCEL MAPS, IN THE'
OFFICE OF THE COUNTY RECORDER OF SAID''•.COUNTY. EXCEPTING THEREFROM ALL
OIL, GAS AND HYDROCARBON SUBSTANCES IN,"OR UNDER SAID LAND AS RESERVED IN
THE DEED MAY 8,'1950 IN BOOK 2005,.PAGE232 OF OFFICIAL RECORDS.
The street address and Pther common designatioj�, if any, of the real property described above is purported
to be: �ETR[ISTEE MAKES NO REPRESENTATION AS TO TrIE
VACANT LAND CLEAN-_:;P, CONDITION OF SITE
HAMILTON AND`. MAGNOLIA
•,t
HUNTINGTON tCH, CA
The undersigned Trustee disclaims any liability for any * incorrectness of the street address and other
common designation, if any, shown herein. Said sale `will be made, but without covenant or warranty,
expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of
the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if
any, under the terms of.the Deed of Trust, estimated fees', charges and expenses of the Trustee and of the
trusts created by said Deed of Trust, to -wit: id-
$7 6 3 , 718.61 Estimated
Accrued Interest and additional advances 'rf any, will Increase this figure prior to sale
The beneficiary under said Deed n.f TauSt t eaefoore executed and delivered to the undersigned a written
weviar°ation of Default `and Demand for Sale, and a written Notice of Default. and Election to Sell. The
undersigned caused said Notice of Default and Election to'° Sell to be recorded in the county where the real
property is located and'more than three months have elapsed since such recordation.
DATE:06/25/90 SrTATEWIDE FORECLOSURE SERVICES
.: 5925 CERRITOS AVENUE
CYPRESS, CA.90630
(714) 28-3261
t
3ENNI; R LOVE! SR TRUSTEE OFFICER
SALE -CA
January 25, 1988
John Lindsey
Ascon Properties, Inc.
21572 Surveyor Circle
Huntington Beach, CA 92646
Dear Mr. Lindsey:
R IEC IE I V E
JAN281988
Office of Zoning Administrator
This letter briefly describes the responsibilities the City of Huntington
Beach could assume should the City decide to become the lead agency in the
remedial investigation and feasibility study phase of the cleanup for the
ASCON landfill site. It is assumed that the City will maintain its status as
the lead agency administrating the CEQA requirements and review any land
development plans proposed which may be made once the site has been cleaned
up.
This letter was written with the understanding that the appropriate City
officials will be reviewing the content of this proposal and will ultimately
determine their role in the cleanup of the ASCON site.
Radian will be responsible for preparing the appropriate cleanup documents for
the site characterization of the site, and the selection of an appropriate
cleanup solution. These documents will be prepared in accordance with the
governing local, state and federal laws and regulations for hazardous waste
investigations and cleanup.
I_t is anticipated that the City of Huntington Beach will play a major role in
the technical review and coordination of activities during the site investi-
gation and cleanup process. The City will be responsible for 1) providing
technical review, and 2) for coordinating the technical review of other
appropriate local, state and federal agencies that would normally be involved
in a project of this nature under the CEQA process and under other applicable
hazardous waste cleanup processes. In those instances where the City does not
have the in-house technical skills to properly review the technical plan, it
is envisioned that the City will contract out for these services.
During the RI and FS phases of the cleanup, the City of Huntington Beach will
be required to review the following documents:
• Quality Assurance Project Plan;
• Health and Safety Plan;
• Field Sampling Workplan;
• Draft and Final Remedial Investigation Report;
• Feasibility Study Workplan; and
• Draft and Final Feasibility Study Report
10395 Old Placerville Rd./Sacramento, California 958271(916)362-5332
• RADIAN
tJ CORPORATION
Letter to John Lindsey
January 25, 1988
Page 2
Although the City of Huntington Beach will assume the responsibility for the
technical reviews and the coordination of reviews by other responsible agen—
cies, it should be noted that the City's review will not replace the need for
the State Department of Health Services to review and comment about issues
which could affect the public health and the environment.
As the lead agency for administrating the CEQA requirements, the City will
still function in its capacity as the reviewing agency for projects subject to
an EIR review and approval. This role will remain unchanged with the
exception of requiring a separate EIR document during the cleanup phase. It
has been proposed that the hazardous waste cleanup .of the Ascon site be
performed in such. a way as to also satisfy the requirements of the EIR
process. Radian believes that the information required in the EIR process can
be included within the remedial investigation (RI), feasibility study (FS),
and cleanup documents prepared in accordance with the federal and state
hazardous waste laws and regulations. If this approach is adopted, a separate
EIR document will not be needed for cleanup of the site. It is assumed that
the City will maintain its status as the lead agency administrating the CEQA
requirements and review any land development plans proposed which may be made
once the site has been cleaned up.
As lead agency of the cleanup, the City of Huntington Beach will also be asked
to participate in all aspects of the community relations during the site
investigation and cleanup phases of the cleanup. This commitment will require
j that the city become more involved in the scheduling and coordination of
j public meetings throughout the cleanup process, and to respond to public
inquiries about the status of the cleanup.
Should you have any questions or concerns regarding the contents of this
letter, please do not hesitate to contact me.
Very truly yours,
Mark Galloway
Project Director
MG:mkh
FEB 2.3 ' 88 16: 34 RSCON PROPERTIES
Ascon Properties, Inc.
21572 Surveyor Circle
Huntington Beach, California W646
(714) 9604471
February 23, 1988
Mr. James Palin
Deputy City Administrator
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, California 92648
Dear Mr. Palin:
As we discussed during our meeting on January 28, 1988, Ascon
Properties has requested that the City of Huntington Beach assume
the role of the coordinating or "lead" agency during the
environmental assessment of our property, the Ascon Landfill.
Ascon Properties, Inc. acknowledges that this new role will
require the allocation of additional staff time specific to the
Ascon project.
In anticipation of this increase in City expenditures, let this
letter act as Ascon Properties' commitment to cover all
reasonable costs incurred by the City of Huntington Beach during
and while acting in the capacity as the coordinating or lead
agency during the environmental assessment of the Ascon'Landfill.
Should you have any questions, please do not hesitate to contact
me. I look forward to our next meeting.
Yours truly,
ASCO14 V�ROPEETIE% I
S. Lindsey
President/
JSL:j
\,
1
CITY OF HUNTINGTON BEACH
10" INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To James W. Palin From Gail Hutton
Deputy City Administrator City Attorney
Subject Ascon Properties Date February 10, 1988
In answer to your request of February 5, 1988, concerning
whether or not the city would increase its liability by
becoming the lead agency in the Ascon Landfill cleanup, we do
not feel at this point in the process that we would have any
added liability if the following recommendaton is followed.
We recommend that, by letter, we inform the State Department
of Health of our desire to coordinate this project through the
site characterization phase only, and that we will assume no
technical duties as these will all be regulated by state
agencies. The State Department of Health shall continue to be
the approving. agency and monitor the characterization plan
with the city's only function being coordination.
GAIL HUTTON
City Attorney
be
RECEIVED
Office of Zoning Administrator
Submitted to
Submitted by:
Prepared by:
Subject:
REQUES 4.-Fi013 CITY COUNCIL ACTION
cj-fY AT-roRRV
r IT`S O
TIMM-1 O;l BLA.CH
n JN s Date 11,1,-2 1987
11 L J2 44 PM 91 /
Honors 1 ayor and City Council
Charles W. Thompson, City Administrator
CI
TY GpvN
James W. Palin, Deputy. City Administrator , o %
PARCEL MAP NUMBER 86-442
ASCON PROPERTIES cITY
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Ascon Properties is requesting recordation of Parcel Map No. 86-442 to create three (3)
parcels for financing purposes only.
RECOMMENDATION:
1. Record the final Parcel Map;
2. Reject the offer of dedication pursuant to the mandatory findings set forth by the City
Council;
3. Instruct the City Clerk to affix her signature to the map and release the map to the
County for processing; and,
4. Conceptually approve the approach outlined by the Proposed Cleanup and Development
Scenario (Exhibit 1).
5. Approve the agreement and authorize the Mayor to execute same.
ANALYSIS:
Subdivider: Ascon Properties
21572 Surveyor Circle
Huntington Beach, CA 92646
Engineer: RMG Engineering 93c'r)
17961 Cowan
Irvine, CA 927.14
Location: Southwest corner of Hamilton and Magnolia
Parcels: 3
Acreage: 39.432
Zone: LUD-O-CZ
PI O 5/85
Pursuant to condition #4 of the tentative parcel map, which states:
"4. Concurrent with the submission of the Parcel Map for acceptance, and
prior to any development, grading or excavation of any material on the
site, including removal of liquids, the owner shall enter into an agree-
ment with the City which addresses a program for remediation of the
site. The agreement shall be executed prior to approval and recorda-
tion of the Parcel Map."
The applicant has prepared the attached agreement (Exhibit 2). Part I addresses staff
concerns and requires:' full site characterization; berm testing; soil, air and water testing;
compliance with City disclosure requirements: City access to the site; a cleanup plan; a
title report; and, that the Parcel Map be used for financing purposes only.
The City would then agree: to process the General Plan Amendment and Zone Change for
public hearing in November, 1987; to cause to be prepared a development EIR; to cause to
be prepared under the Department of Health Services a cleanup plan; to process cleanup
entitlements; to enter into a Development Agreement; and, to process permits for an oil
drilling site.
After numerous meetings which included representatives from Ascon Properties, State
Department of Health Services (DOHS) and the Office of Planning and Research, staff has
developed the attached proposed process for the cleanup and development of the site.
Although further discussions will occur to refine the process, it may be appropriate to
designate the City as the ,lead agency on development and the DOHS as the lead agency on
cleanup. Based on this approach, two separate EIR's would be prepared through the
respective agencies.
Under this scenario, the entitlements for oil drilling on the southwest corner of the site
could be processed separately from development entitlements. The DOHS has reacted
favorably to this proposal in the past.
The General Plan Amendment, Zone Change, Development Agreement, Coastal
Development Permit and Coastal Land Use Plan Amendment could be processed concur-
rently. An EIR would be required but would address development impacts only. A Specific
Plan, Conditional Use Permit and Coastal Development Permit would be processed during
the cleanup phase (Implementation). Building permits would be issued only after the site is
certified by the DOHS for the proposed land use.
The DOHS would supervise the cleanup of the site. The Feasibility Study would evaluate all
cleanup alternatives and would also fulfill CEQA requirements. When a cleanup method is
chosen and an operations/safety plan is completed (Remedial Design), Ascon Properties
would apply to the City for a conditional use permit for excavation of any material from the
site.
Staff feels that the City can adequately protect the community through these mechanisms.
Ascon Properties needs a land use commitment from the City in order to receive additional
financing for cleanup. In return, Ascon Properties would commit to cleaning up the site to
the satisfaction of the City and the DOHS. The City can maintain control over cleanup
actions through the conditional use permit process process and by active coordination and
parti- cipation with the DOHS.
RCA -2- (8600d)
ATTACHMENTS:
1. Agreement
2. Proposed Cleanup and Development Scenario
3. Sectional District Map
4. Boundary Map
This map has been examined by the City Engineer as being substantially in accordance with
the tentative map as filed, amended and approved by the City Council.
DLB:LC:gbm
RCA -3- (8600d)
EXHIBIV1 /
ASCON LANDFILL
Oil Drilling
Z.C., U.P., CDP,
Coastal Land Use
Amendment
Public Hearing
Submit to Coastal
Commission
Coastal Commi ss,'-; �
Public Hearing
PROPOSED CLEANUP AND DEVELOPMENT SCENARIO -
City
Development
G.P.A., Z.C., D.A.,
EIR, CDP, Coastal
Land Use Amendment
Public Hearing
Submit to Coastal
Commission
Coastal Commission
Public:Hearing
Cleanup
Site Characterization
DOHS
Preliminary
Assessment
I
Consent Order
I
Remedial
Investigation
I
Public Information
Meeting
Feasibility Study/
EIR
I
rPublic Hearing
I
Remedial Action Plan
PubliclHearing
ICUP for Excavation ---- Remedial Design
) I i
Specific Plan, CUP, CDP Public Hearing
Implementation
Public Hearing --- — ----
ICertification
Building Permits
(7889d)
Recording requested by: City of Huntington Beach ( —4 ( 9bb b
:' After recording mail tr Office of the City C1erk,.Cit3 ,Huntington Beach
f, 2000 Main Street, Huntington Beach, CA 92648
• EXEi1�Pi ..
AGREEMENT BETWEEN ASCON PROPERTIES AND C8
THE CITY OF HUNTINGTON BEACH FOR A PROGRAM
FOR REMEDIATION AND A PLAN OF DEVELOPMENT
THIS AGREEMENT is entered into this day of AA2 ,
V U
1987, by and between ASCON PROPERTIES ("PROPERTY OWNER") and the
CITY OF HUNTINGTON BEACH ("CITY").
R E C I T A L S
WHEREAS, PROPERTY OWNER owns that certain approximate 39.4
acre parcel situated at the Southwest corner of Magnolia Street
and Hamilton Avenue in'the City of Huntington Beach, State of
California, ("said site'); and,.
WHEREAS, said site has previously been used as a dump for oil
field waste products and landfill, and is currently zoned LUD-0
(Limited Use District) combined with oil production and designated
-for special study in the City's General Plan; and,
WHEREAS, said -zoning and land use designation have been
placed on the property because of the unique use, pre.senting a
need for special study; and,
WHEREAS, PROPERTY OWNER seeks to divide said site into three
parcels for financing purposes prior to cleanup, excavation and
development; and,
WHEREAS, a cooperative effort between PROPERTY OWNER and the
CITY will expedite cleanup of the site with private funds; and,
WHEREAS, ON April 4, 1987, the City Council of the CITY gave
its Approval to PROPERTY OWNER for Tentative Parcel Map 86-422 of
said site, for financing purposes only, on the Condition, among
RECORDED IN OFFICIAL RECORDS
others, that: OF ORANGE COUNTY CALIFORNIA
-145 PM AUG Z 4'87
COUNTY
- 1 - � a RECORDE
87.-479865
Concurrent with the submission of the Parcel Map for
acceptance, and prior to any development, grading or
excavating of any material on the site, including removal of
liquids, the owner shall enter into an agreement with the
City which addresses a program for remediation of the site.
The agreement shall be executed prior to approval and
recordation of the Parcel Map."
NOW, THEREFORE, in consideration of the mutual promises and
agreements made by'PROPERTY OWNER and CITY herein, PROPERTY OWNER
and CITY do hereby agree as follows:
I. PROPERTY OWNER hereby agrees:
A. To cause the entire site to be characterized prior to
approval of a Conditional Use Permit for the issuance of
permits for any development and/or excavation/grading,
including removal of liquid surface oil;
B. To test the berms along Hamilton Avenue and Magnolia
Street as part of the Site Characterization'Plan;
C. To test for contamination levels in the air, soil,
surface water and groundwater as part of the Site
Characterization Plan;
D. To inventory all hazardous materials on -site and develop
an Emergency Business Plan as part. of the Site
Characterization Plan and to submit both items to the
Huntington Beach Fire Department for approval subject to
the requirements set forth in Chapter 17.58 of the
Huntington Beach Municipal Code;
E. To allow the City access to the site for testing
purposes, if requested, subject to PROPERTY OWNER's
prior written consent which shall not be unreasonably
withheld;
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87 479865
F. To prepare a Remedial Action Plan that will evaluate the
impact that site remediation will have on the community
and environment:
1. Said Plan shall also address mitigation of annoying
odors emanating from said site;
2. If deemed appropriate, an Interim Remedial Measure
to eliminate such annoying odors shall be prepared to
address the removal of styrene wastes and liquid sur-
face oil; provided, however, such measures shall not
be implemented without prior approval by the Department
of Health Services in accordance with an approved Plan;
G. To comply with an approved Site Remedial Action Plan in
accordance with a time schedule approved by the appropriate
governmental agencies;
H. - To submit a Title Report to determine fee ownership; and,
I. That the Parcel Map is for financing purposes only, and
that such condition may only be removed by the City Council
pursuant to Condition #8 of the Conditions of Approval
For Tentative Parcel Map #86-442.
II. CITY hereby agrees:
A. To process the General Plan Amendment and Zone Change re-
quest submitted by PROPERTY OWNER, under the CITY's General
Plan Amendment scheduled for hearing by the Planning Com-
mission in November 1987, if reasonably possible;
B. To cause to be prepared an Environmental Impact Report eval-
uating the impact of the proposed project outlined in the
General Plan Amendment request;
C. To add a "Q" zoning designation ("qualified" zoning and
related use), which will cause any new land use designa=
tion and zoning to revert to the existing land use and
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87- 4798bi
zoning, pursuant to the terms, provisions and conditions
of the Development Agreement, referred to in II.F.,.below;
D. Separate and apart from II.B., above, to cause to be pre-
pared an evaluation of the impact which site cleanup will
have on the environment, which said evaluation is to be
addressed through a Remedial Investigation/Feasibility
Study and Remedial Action Plan;
E. To process the necessary entitlement application for site
cleanup;
F. To negotiate and enter into a Development Agreement pur-
suant to Sections 65864, et seq., of the Government Code
of the State of California with PROPERTY OWNER which will
address, among other things, the (1) entitlement and uses
of said site and the timing thereof, and (2) conditions
of cleanup of said site; and,
G. To process a Permit for a one and one-half (1Z) acre oil
production site (with 0-1 zoning) at the Southwest corner
of the subject property. The establishment and operation
of such site and use shall be subject to such applications
and permits as are required by CITY and State, the proces-
sing of which shall commence by the CITY upon recordation
of this Agreement and appropriate application by the PROPER-
TY OWNER; provided, however, that prior to the issuance
of a Drilling Permit, an analysis of the drilling site
and/or appropriate area shall be conducted and submitted
to the Department of Health Services and the CITY.
III. This Agreement shall be executed by PROPERTY OWNER and CITY.
Upon execution of this Agreement by PROPERTY OWNER and CITY,
CITY shall permit acceptance and recordation of the Parcel
Map requested by PROPERTY OWNER.
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STATE OF CALIFORNIA ) ss: 8I 479865
COUNTY OF ORANGE )
On this 19th day of August , 19 87 , before me,
a Notary Public in and for said County and State, ,personally appeared
Jack Kelly , known to me to be the Mayor
and Connie A. Brockway , known to me to be the Deputy City Clerk
of the City of Huntington Beach, the municipal corporation that executed
the within instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
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OFFICIAL SEAL
_ BETTE WILLA Bette Barilla
Nctary Public -California
ORANGE COUNTY
`O My Comm. Exp. Jan. 8, 1990.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
day hereinabove first indicated, at Hu:h, CYlifrnia.
ASCON PROPERTIES, INC.:-
PR RTY WNER Y R
ATTEST: AL1G1A I&L WENTWORTH
CITY/CLLEEJRK
k / V� .
CITY CLERK
.N
CORPORATE ACKNOWLEDGMENT
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t
7120 122
Orange
County of
OFFICIAL SEAL
MARY BETH SAUCERMAN
'emu' NOTARY PUBLIC CALIFORNIA
' PRINCIPAL aFFICE IN
ORANGE COUNTY
My Commission Expires March 25, 1988
SS.
APP*01ED AS "TO FORM:
CITY ATTORNEwi
On this thel Oth day of August
NO. 202
19 8 7 before me,
Mary Beth Saucerman
the undersigned Notary Public, personally appeared
Philip Spiller
CN personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
President or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's
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