HomeMy WebLinkAboutSANTA ANA REGIONAL WATER QUALITY CONTROL BOARD/SWAT/RIGHT OF ENTRY AGREEMENT - 1988-05-02 ' 1.1.2 DO
REQUES�'FOR CITY COUNCIL ACTION
Date: December 5, 1994
Submitted to: Honorable Mayor and City Council
Submitted by: hfichael T. Uberuaga, City Admi ' ratsyr� /
Prepared by: Ray Silver, Acting Director of Public Works/Assistant City Administrator6;'a-d
Subject: Refuse Disposal Station Number 10-Extension of Rig t%JV% ED BY CITY COUNCIL
Agreement Between the City and the County of Oran e J— 19 /
Consistent with Council Policy? M Yes
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Statement of Issue,Recommendation Action,Analysis,Funding Source,Environmental Status,Altcmati�T action,Attachmen
STATEMENT OF ISSUE:
The County of Orange has requested a time extension to an existing right of entry agreement between
the City and the County.
i
RECOMMENDED ACTION:
1. Approve Amendment No. 4 to the right of entry agreement between the City and the County of Orange
extending the right of entry to Refuse Disposal Station Number 10;and,
2. Adopt the attached Resolution No. 6 (0 5 authorizing the Mayor and City Clerk to execute such
amendment.
1
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ANALYSIS:
In May of 1988, the City of Huntington Beach and County of Orange entered into an agreement to give
the County right of entry onto the City's property located east of Goldem%vest Street and south of
Talbert Avenue. As the County owned, operated and closed the original landfill on this site, they are
performing the Solid Waste Assessment Tests (SWAT) as required by the Santa Ana Regional Water '
Quality Control Board.
f
The County has requested a fourth extension to the original right of entry agreement in order to
continue the water tests to complete the SWAT requirements. The first extension was granted by
Council on July 15, 1990, the second extension was granted by Council on April 1, 1991, the third
extension was granted by Council on December 7, I992.
f
Rcqucst for City Council Action
Refusc Disposal Station No. 10
Dccembcr 5, 1994
1
Page 2
FUNDING SOURCE:
No City funds are involved with this Amendment.
ENVIRONMENTAL STATUS:
The recommended action does not constitute a "project" as defined by State CEQA guideline, Calif.
Admin. Code, §15378, nor as defined by the California Environmental Quality Act, Calif. Pub Res.
Code, §21065. Therefore, the recommended action is not subject to provisions of CEQA.
ALTERNATIVE ACTION:
Find an alternate method to meet the SWAT requirements of the Santa Ana Regional Water Quality
Control Board.
i
ATTACTINIENTS:
1. Location Map
2. Resolution No.
3. Amendment Number 4
4. Original Agreement I
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CITY OF HUNTINGTON BEACH
DEPARTMENT Of PUBLIC WORKS
C tKRIEGER\RS10.OWC
PM 105-18
Refuse Disposal Station #10
AMENDMENT NO. 4 TO RIGHT OF ENTRY AGREEMENT
BETWEEN THE CITY OF HUN7INGTON BEACH
AND THE COUNTY OF ORANGE
THIS AMENDMENT NO. 4 is entered into this Atl1y of t , 1994, by and
between the CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California,
hereinafter referred to as "CITY". and THE COUNTY OF ORANGE, hereinafter referred to as
"COUNTY,"
WHEREAS, since the original agreement, dated May 12, 1988,was extended by successive
amendments to November 12, 1994, it has been determined by the parties that additional time is
required of COUNTY to complete the project.
f
NOW, THEREFORE, IT IS AGREED by and between CITY and COUNTY that this
agreement is extended for a period of five years, to November 12, 1999, or until SWAT testing is
completed, whichever is sooner.
I
IN WITNESS WHEREOF the parties hereto have executed this Amendment No. 4 as of !
the date hereinabove set forth.
COUNTY OF ORANGE CITY OF HUNTINGTON BEACH
Charles W. West, Director Mayor
GSA/Real Estate
Per minute order dated
April 26, 1988
APPROVED AS TO FORM: APPROVED AS TO FORM:
Date Date l-Zf 5�v
ounty C unsel City Attorney
Ac-
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COUNTY: CITY:
RECOMMENDED FOR APPROVAL: ATTEST:
/S/ Suzanne McClanahan —
Operating Agency City Clerk
Gen al ervices Age INITIATED AND'APPROVED:-
Re t e
Direct "of Public Works
i
I
REVIEWED AND APPROVED:
_r
y Administra ar
R.A.SCOTT
4 ~/■ rJ N-rV O F Director.General Services Agency
ROSERT G.LOVE
2 1 Delxrty Director.General
Services Agency
s 3 RAN G E CHARLES W.WEST
Director.GSA.'Reat Estate
GENERAL SERVICES AGENCY
REAL FSTATE
PM 105-i a 14 Civic Center Plaza.Third Fioor
P.O.Box 4136
Refuse Disposal Station No. 10 Santa Ana.Caiifonno 92702
Solid Waste Assessment Testing (714)834-5503
FAX(714)834-5658
January 4, 1995
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Steve Krieger, Public Works Department
Subject: Transmittal of fully executed 4th Amendment, Extending SWAT Right-of-Entry
Dear Steve:
Attached for your records is the City's Duplicate Original of the fully executed Amendment
No. 4 to our SWAT Right-of-Entry Agreement at the Gothard Street site to November 12,
1999. Thanks for your assistance in this matter. If you have any questions my phone
number' 4-5576.
S' r ,
Richard C. Stewart
Real Property Agent
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Enclosures
cc: Suzanne McClanahan, Integrated Waste Management Department
RESOLUTION NO. 6657
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE AMENDMENT NO.4
TO THE RIGHT OF ENTRY AGREEMENT WITH THE
COUNTY OF ORANGE EXTENDING THE RIGHT
OF ENTRY TO REFUSE DISPOSAL STATION NO. 10
WHEREAS, the City of Huntington Beach desires to extend the agreement with the
County of Orange for their entry onto Parcel PM 105-18 (more commonly known as Refuse
Disposal Station No. 10) owned by the city. A copy of Amendment No. 4 is attached hereto as
Exhibit"A'and incorporated herein by this reference.
NOW,THEREFORE, BE IS RESOLVED that the City of Huntington Beach City Council
authorizes the Mayor and the City Clerk to execute such agreement and deliver all necessary
documents in connection therewith for an on behalf of the City of Huntington Beach,
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 51:h day of, Win• r . 1994.
ATTE T: � Mayor
APPROVED AS TO FO M:
City Clerk
a. 7-e
�,-
R WE ND APPROVED 5V ity Attorney IS"� ►e-1.b -01;r
INITIATED AND APPROVED:
dminfstra
Lan
Director of Pub ' Works
4HK
eventry
Res.No. 6657
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the-'City Council of
the City of Huntington Beach is-seven,that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of said
City Council at a regular meeting thereof held on the 5th of December, 1994 the
• following vote:
AYES: Councilmembers:
Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
01
City Clerk and ex-officio Cle
of the City Council of the City
of Huntington Beach, California
a, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
December 20, 1994
Charles W. West, Director
GSA/Real Estate
P. O. Box 4106
Santa Ana, CA 92702
Dear Mr.West:
The City Council of the City of Huntington Beach at their meeting held
December 19, 1994, approved Amendment No. 4 to Right of Entry Agreement Between
the City of Huntington Beach and the County of Orange.
Enclosed are two agreements, please return one agreement to the City Clerk's Office
after it Is executed. If you have any questions regarding this matter please call the
Office of the City Clerk(714) 536-5227.
Connie Brockway
City Clerk
Evelyn Schubert
Deputy City Clerk
cc: Steve Krieger, Engineering Technician
g:Wcbmemlagrmt
Crdophonr.71463"2271
iz.
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Refuse Disposal Station #10 �
-}N is( r 't • '
•� '�' j RIGHT OF ENTRY AGREVENT
.6
7 THIS RIGHT OF ENTRY AGREEMENT is made /SIR y !x 1988, by and
between COUNTY OF ORANGE (hereinafter referred o as and MY OF HUNTIIIGTO14
8 BEACH (hereinafter referred to as "CITY",) a municipal corporation.
9
10 RECITALS :
11
A. COUNTY operated that property formerly known as Refuse Disposal Station Number 10
12 as a solid waste disposal station;
13 B. CITY purchased a portion of the property (hereinafter referred to as "Parcel
PM 105-18") from County under Contract for Sale of Real Property dated October 8,
14 1963;
15 C. Under authority of California Water Code Section 13273, which requires solid waste
assessment tests (SWAT) to be performed on all active and inactive landfill sites,
16 the Santa Ana Regional Water Quality Control Board (Water Quality Board) requires a
water SWAT to be performed on parcel PM 105-18;
17
D. COUNTY has submitted a proposal to the Water Quality Board to conduct a water SWAT
18 on Parcel PM 105-18;
19 E. California Health and Safety Code Section 41805.5 requires submission of informa-
tional questionnaires to the local air pollution control district for all inactive
20 landfills. Following evaluation of an informational questionnaire on Parcel PM 105-18
the South Coast Air Quality Management District (Air Quality District), which is the
21 local district, may require performance of an air quality SWAT;
22 F. COUNTY will submit an air quality informational questionnaire on Parcel PM 105-18
to the Air Quality District;
23
G. COUNTY requires CITY's permission to enter upon Parcel PH 105-18 to conduct the
24 proposed water SWAT and, if required by the Air Quality District, to conduct an air
quality SWAT.
25
H. CITY desires to have a water SWAT accomplished in accordance with the water SWAT
28 proposal approved by the Water Quality Board and submitted to CITY by COUNTY, and, if
required by the Air Quality District, to have an air quality SWAT accomplished as
27 directed by the Air Quality District.
28 DG:cv
• 32-I5-1
5-1D-88
1 NOW THEREFORE, the parties mutually agree as follows:
2 .1 1. CITY hereby grants COUNTY permission to enter upon Parcel PM 105-18 as shorn on
3 . Exhibit A, which Exhibit is attached hereto and by reference made a part hereof, for
the purpose of cc!r.ctin_ solid w!s:e assessrent testing pursuant to Section 13273 of
4 the Californfa pater Cow; to cord:rt ar. =ir quality SWAT if required to do so by the
Air Quality District; to pass and repass over and along Parcel PM 105-18, and to
5 deposit tools, implements, and other materials thereon by COUNTY, its officers, agents
contractors, and employees, and by persons under contract with it and their employees,
6 as necessary for the purposes stated herein.
72. Prior to each entry upon Parcel PM 105-18 COUNTY shall give CITY five (5) days
notice of such entry or shall obtain CITY's approval of entry without such five day
8
notice.
•
9 3. The permission herein granted begins upon the date COUNTY executes this agreement,
and continues until the SWAT testing is completed or for eighteen (18) months, which-
10 ever is less.
11 4. CITY acknowledges that the SWAT testing will require hole boring as well as
drilling water quality wells, testing water quality at new wells and at existing '.
12 wells, if any, and testing air quality on said property.
1S 5. This RIGHT OF ENTRY is granted with the express condition that COUNTY shall be
responsible for any property damage or Bodily injury occurring to or on Parcel
14 PM 105-18 resulting from any acts of negligence on the part of the COUNTY, its
employees, or its invitees connected with the SWAT testing. furthermore, COUNTY shall
�
indemnify and save harmless CITY, their officers, agents, and employees, from and�. 15 against any and all claims, demands, losses, or liabilities of any kind or nature
16 which CITY, their officers, agents, and employees may sustain or incur or which may be
imposed upon them or any of them for injury to or death of persons, or damage to
17 property as a result of, or arising out of the acts of the COUNTY, its officers,
agents, employees, subtenants, 'invitees, or licensees, in connection with the use of
18 the subject premises.
19 6. COUNTY herein agrees to provide CITY with copies of the results of each SWAT
within thirty (30) days after said SWAT has been approved by the Water Quality Board
20 or the Air Quality District, as appropriate.
21
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22
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`�32-16-2 -2-
5-10-88
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1 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first
2 above written.
3 CITY OF HUNTINGTON BEACH,
a municipal corporation
4
5 `
By
6 yor
7
8 APPROVED AS TO FORM: APPROVED AS TO FORM:
County ounsel
9 •
2
10 By V
City d orr��y4 .1��`.i�
12 RECOMMENDED FOR APPROVAL ATTEST:
General Services Agency
13 Waste Management Program
14
By /s/ Tony oliger xty Clerk
15
16
Facilities d Real Property INITIATED AND APPROVED:
17 Real Estate Division
18
` By, -•-�.
19 Director of Public works
ti . 20 COUNTY
NED AND CERTIFIED THAT A COPY
}. 21 THI CUMENT HAS BEEN DELI D TO
22 THE CHAT OF THE BOA ,
A �'
r1 23 By .,�---
A D. ROBERTS ev John R. Shaddyanager,
24 Cle of the Board of Supervis , ;t
GSA/Real Estate Division
Orange County California Per Minute Order dated
25 April 26, 1988.
26
27 (NO OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. )
28 DG:cv:cb
32-16-3
'3,17-RA
IN WITNESS MiER£OF, the parties have executed this agreement the day and year first
2 above written.
3 CITY OF HUNTINGTON BEACH,
a municipal corporation
4
5 By
6 yor
7
g APPROVED AS TO FORM: APPROVED AS 'TO FORM:
County tounsel
10 BY42
City
ttgrwy (19,>4 -�;-4�15
12 RECOMMENDED FOR APPROVAL. ATTEST:
General Services Agency
13 Waste Management Program
14 B OIi er
y /S� Tony g 4sty LCICerk
1s
1s
Facilities b Real Property INITIATED AND APPROVED:
17 Real Estate Division
8
STATE Of CAL1riDP,"iA }
COUNTY OF ORANGE ) ss:
On this p�h11.1� day of , 19 before me,
aL2tary Publi irk and for said County and State, personally appeared
Jaho known to one to be the Mayor
and 1-+� Al. Nl'+Wja , known to me to be the —_ 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 beha2.f of said municipal, corporation and acknowledged
to me that such municipal corporation executed the same.
OFFICIAL SGAi.
CCh'Nrf A OROCKwAY
' • r10TAr1'PUBLIC-CALIFORNIA
clnH.".E COUNrY
e my Comm. lcp;trs OCI 1% 1389
♦ •N,fVRwN,
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TRACT NO. 21D6
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$LOCK A BLOCK a
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♦rf.Yr Mr, •
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EL vtnLlL - - — — •-
PR 105-18
r REQUES?FOR CITY COUNCIL ACTION
Hate: Dec. 7, 1992
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administratorak2i
Prepared by: �uis F. Sandoval, Director of Public Works t;444,')V,/
subject: City/County Right of Entry Agreement Extension to Allow the
County to Perform Air and Ground Water Tests at the City's Property
Located East of Golden West Street and South of Talbert Avenue
i
APPROVED BY CITY COUNCIL
Consistent with Council Policy? (X) Yes ? 19------------------------------------------------
9�
1
Statement of Issue, Recommendation, Analysis, Funding Sourc a acf2;KClktt6chments:
•---------------------------------_—_—_—__—_------------________--__— --- ------
STATEl%'iF,NT OF ISSUE:
The County of orange has requested an extension to the existing right
of entry agreement to continue air and water tests at the prior county
landfill site now on City property located east of Golden West Street
and south of Talbert Avenue.
RECOAME DED AMON:
Approve the extension and authorize the Mayor and City Clerk to execute -
the extension with the County of Orange extending the County's right of
entry on City property located east of Golden West Street and south of
Talbert Avenue.
ANALYSIS:
In May of 1988, the City of Huntingotn Beach and County of orange
entered into an agreement to give the County right of entry onto the
City's property located east of Golden West Street and south of Talbert
Avenue. As the County owned, operated and closed the original landfill
on this site, they are performing the solid waste assessment tests
(SWAT) as required by the Santa Ana Regional Water Quality Control
Board.
The County has Requested a third extension to the original right of
entry agreement in order to continue the water tests to complete the
SWAT requirements. The first extension was granted by Council on July
16, 1990, the second extension was granted by Council on April 1, 1991.
1
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tRequest for City Council Action
Item
December 7, 1992
Page 2
SOURCE:ELTNDMG
No City funds involved with the Amendment
AT RMAMT ACTION:
Find an alternate method to meet the SWAT requirements of the Santa Ana
Regional Water Quality Control Board.
ATTACIIR'IEWS:
1. Original Agreement
2. Amendment No. 3
}
1
PM 105-18
Refuse Disposal Station #10
AMENDMENT NO. 3 TO RIGHT OF ENTRY AGREEMENT
BET%NT-EN THE CITY OF I IUNTINGTON BEACH
AND THE COUNTY OF ORANGE
TIES A.'NM-ND1`' N-r NO. 3 is entered into this PA day ofTxceof r! . 19M, by and
between the CITY OFHUN rINGTONBEACH,a municipal corporation of the State of California,
hereinafter referred to as 'CrIV, and THE COUNTY OF ORANGE,hereinafter referred to as
'COUNTY.`
%IIEREAS,since the original agreement dated May 12.1988.it has been determined by the
parties that additional time is required of COUNTY to complete the project.
NOW, THEREFORE, IT IS AGREED by and between QTY and COUNTY that this
agreement is extended for a period of two years, to November 12, 1994, or until SWAT testing is
completed,whichever is sooner.
P;NNTTNESS WIIEREOF the parties hereto have executed this Amendment No. 3 as of
the date hereinabove set forth.
COUNTY OF ORANGE CITY OF HUNTINGTON BEACH
Charles W. West, ector Mayor
GSAfReal Estate
Per minute order dated
April26, 1983 -
APPROVED AS TO FORM: APPROVED AS TO FORM:
Cofunty Co sel ty Attorney
4
RCS:gw
• '- r
t
COUNTY: CITY:
RECOMMENDED FOR APPROVAL: ATTEST:
/s/Po Wang
Operating Agency City Clerk
General entices Agency MTIATED AND APPROVED:
Real s to
llirector 4 Public [[orks
REVIEWED AND APPROVED:
ty Administra r
T�
D5PLIC.ATii
f .
f
1
PH 105-18
Refuse Disposal Station 10
AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE COUNTY OF ORANGE
RIGHT OF ENTRY AGREEMENT
THIS •AttEUOMENT No. 2 is entered into this ;234 day of —��r► � 1991 ,
by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State
of California, hereinafter referred to as "CITY", and THE COUNTY OF ORANGE
hereinafter referred to as "COUNTY."
WHEREAS, since the original agreement dated May 12, 1988, it has been
determined by the parties that additional time is required of COUNTY to complete
the protect.
NOV,. THEREFORE, IT IS AGREED by and between CITY and COUNTY that this agreement
is extended retroactively from November 12, 1990, for a period of two years, or
until SWAT testing is completed, whichever is sooner.
IN WITNESS WHEREOF the parties hereto have executed this Amendment Ho. 2 as of
the date hereinabove set forth.
COUNTY OF ORA14GE CITY OF HUNTINGTON BEACH,
A municipal corporation
of he State of California
��• Charles W. West, Fanager Mayor
GSA/Real Estate Division
Per Minute Order dated
April 25, 1988
A?PROVED AS TO FORTS: APPROVED AS TO FOR:d:
11
�C�
County Counsel r r City Attorney
VL:Imc:sf 3597w-1 2-20-91 -1-
RECOMMENDED. FOR APPROVAL: ATTEST:
/s/Po Wang
me grated Waste Management Department City Cleric
General Services Agency INITIATED AND APPROVED:
Real Estate Division
I
fpr Director of Pubi i c Works
REVIEWED AND APPROVED:
17
City-dmi ni strato r
,f
I
i
VL:1mc:sf 3597w-2 2-20-91 -2-
i�
_ PM 105-•18
r Refuse Disposal Stat" JO
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE COUNTY OF ORANGE
RIGHT OF ENTRY AGREEMENT
THIS AMENDMENT NO. I is entered into this l6th day
of July 1990, by and between the CITY of HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY" , and THE COUNTY OF ORANGE
hereinafter referred- to as "COUNTY."
WHEREAS, since the original agreement, dated May 12, 19B8, it
has been determined by the parties that additional time is required
of COUNTY to complete the project. .
NOW, THEREFORE, IT IS AGREED by and between CITY and COUNTY that
this agreement is extended retroactively from November 12, 1989, for
a period of one year, or until SWAT testing is completed, whichever
is sooner.
IN WITNESS WHEREOF the parties hereto have executed this
Amendment No. 1 as of the date hereinabove set forth.
COUNTY OF ORANGE CITY OF HUNTINGTON BEACH,
A municipal corporation
of the State of California
homas 6alvan . ; , Manager, _ ri y r
GSA/Real Estate Division
Per Minute Order dated
April 26, 1988
APPROVED AS TO FORM: APPROVED AS TO FORM:
Co
my eounsel
a 19 o Attorney
RECOMMENDED FOR APPROVAL: ATTEST:
/s/ Ken Kyammen � �
General Services Agency City Clerk
Waste Management Program '
Facilities & Real Property INITIATED AND APPROVED: .
Real Estate Division
Director £ Public Works
REVIEWED AND APPROVED:
liiZty�A�dministrator
-2-
1
PM 105-18
2 Refuse Disposal Station #10
3
4
RIGHT OF ENTRY AGREEMENT
5
6
7 THIS RIGHT OF ENTRY AGREEMENT is made lt1p)? Ix 1988, by and
between COUNTY OF ORANGE (hereinafter re erre o as and CITY OF HUNTINGTON
8 BEACH (hereinafter referred to as "CITY",) a municipal corporation.
9
10 RECITALS :
A. COUNTY operated that property formerly known as Refuse Disposal Station Number 10
12 as a solid waste disposal station;
13 B. CITY purchased a portion of the property (hereinafter referred to as "Parcel
PM 105-18") from County under Contract for Sale of Real Property dated October 8,
14 1963;
15 C. Under authority of California Water Code Section 13273. which requires solid waste
assessment tests (SWAT) to be performed on all active and inactive landfill sites,
16 the Santa Ana Regional Water Quality Control Board (Water Quality Board) requires a
water SWAT to be performed on Parcel PM 105-18;
17
D. COUNTY has submitted a proposal to the Water Quality Board to conduct a water SWAT
18 on Parcel PM 105-18;
19 E. California Health and Safety Code Section 41805.5 requires submission of informa-
tional questionnaires to the local air pollution control district for all inactive
24 landfills. Following evaluation of an informational questionnaire on Parcel PM 105-18
the South Coast Air Quality Management District (Air Quality District), which is the
21 local district, may require performance of an air quality SWAT;
22 F. COUNTY will submit an air quality informational questionnaire on Parcel PM 105-18
to the Air Quality District;
23
G. COUNTY requires CITY's permission to enter upon Parcel PM 105-18 to conduct the E
24 proposed water SWAT and, if required by the Air Quality District, to conduct an air
quality SWAT.
25
H. CITY desires to have a water SWAT accomplished in accordance with the water SWAT
26 proposal approved by the Water Quality Board and submitted to CITY by COUNTY, and, if
required by the Air Quality District, to have an air Quality SWAT accomplished as
27 directed by the Air Quality District.
28 DG:cv
32-16-1
5-10-88
i.
1 HOW THEREFORE, the parties mutually agree as follows:
2 1. CITY hereby grants COUNTY permission to enter upon Parcel PM 105-18 as shown on
3 Exhibit A, which Exhibit is attached hereto and by reference made a part hereof, for
the purpose of conducting solid waste assessment testing pursuant to Section 13273 of
4 the California Water Code; to conduct an air quality SWAT if required to do so by the
Air Quality District; to pass and repass over and along Parcel PM 105-18, and to
5 deposit tools, implements, and other materials thereon by COUNTY, its officers, agents
contractors, and employees, and by persons under contract with it and their employees,
6 as necessary for the purposes stated herein.
7 2. Prior to each entry upon Parcel PM 105-18 COUNTY shall give CITY five (5) days
notice of such entry or shall obtain CITY's approval of entry without such five day
8
notice.
3. The permission herein granted begins upon the date COUNTY executes this agreement,
and continues until the SWAT testing is completed or for eighteen (18) m. nths, which-
10 I ever is less.
4. CITY acknowledges that the SWAT testing will require hole boring as well as
!1 drilling water quality wells, testing water quality at new wells and at existing
12 wells, if any, and testing air quality on said property.
13 S. This RIGHT OF ENTRY is granted with the express condition that COUNTY shall be
responsible for any property damage or bodily injury occurring to or on Parcel
14 PM 105-18 resulting from any acts of negligence on the part of the COUNTY, its
employees, or its invitees connected with the SWAT testing. Furthermore, COUNTY shall
15 indemnify and save harmless CITY, their officers, agents, and employees, from and
against any and all claims, demands, losses, or liabilities of any kind or nature
16 which CITY, their officers, agents, and employees may sustain or incur or which may be
imposed upon them or any of them for injury to or death of persons, or damage to
17 property as a result of, or arising out of the acts of the COUNTY, its officers,
agents, employees, subtenants, invitees, or licensees, in connection with the use of
18 the subject premises.
19 6. COUNTY herein agrees to provide CITY with copies of the results of each SWAT
within thirty (30) days after said SWAT has been approved by the Water Quality Board
20 or the Air Quality District, as appropriate.
21
22
23
24
25
26 `
27
28 DG:cv
32-16-2 -2-
5-10-88 •
IN FITNESS WHEREOF, the parties have executed this agreement the day and year first
2 above written.
3 CITY OF HUNTINGTON BEACH,
a municipal corporation
4
5 By -low lIXA49
6 1iyor
7 6
g APPROVED AS SO FORM: APPROVED AS TO FORM:
County tounsel
10 By -
• Cityl tt grN'y � 4 •1�-�4
12 R,COMMENDED FOR APPROVAL ATTEST:
General Services Agency
13 Wiste Management Program
ire-,
14 y Tony Oliger
ity Clerk
15
16
Facilities A Real Property INITIATED AND APPROVED:
17 Real Estate Division
By
STATE OF CALIFOMIA )
COUNTY OF ORANGE ; ss
Cn this h4day of , 19 . before me,
a Cary public iq and for said County and State, Personally appeared
� er I WeELA, , known to aye to be the mayor
and )•+�� 11-W4hfLW . known to me to be the � 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 we that such municipal corporation executed the some.
= n.F ICT7-!CAL1f02N1A
k'a P:QTFfiY Put! C)C � 1
IN VITNESS WHEREOF, the parties have executed this agreement the day and year first
2 ' above written.
CITY OF HUNTINGTON BEACH,
a municipal corporation
4
5 : `
By
6 yor
7
8 APPROVED AS TO FORM: APPROVED AS TO FORM:
County ounsel
9
10 By '`-_ _
City Attor y4
�/r -dgecr
12 RECOMMENDED FOR APPROVAL ATTEST:
General Services Agency
13 Waste Management Program
14
By /s/ Tony Oliger ity Clerk
15
16
Facilities h Real Property INITIATED AND APPROVED:
17 Real Estate Division
18
By
19 --LJ20Director of Public Works
20 COUNTY
t NED AND CERTIFIED THAT A COPY
+ 21 THi UMENT HAS BEEN DELIYFrKD TO
THE CKAI OF THE BOA f
22
23 B yys��
A D. ROBERTS r�A- John R. Shaddy, Manager,
24 Cle of the Board of Supervis GSA/Real Estate Division
Orange County California Per Minute order dated
25 April 26, 1988.
26 '
27 (NO OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.)
DG:cv:cb
32-16-3
3-17-88
1
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1 Tl1ACT No. 290
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Refuse Disposal Station No. 10 EXHIBIT 11
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a CaunrT a•o..rr .(H.,In•9T••laach F e.t7ac ORANGE COUNTY RIGHT OF WAY DEPARTNE"NI
19
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•+°° NO. 10
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20 s naf-,1nu.ca [a.+y of o.o ya r E..,..c,.,r..•r cw ty et a.�a F a e1.. I5,250 .1-f+a In the City of H1M1'Rl91pn Beoch
5.1 Cew+f r0•..r cd i W_t .n etr. F 7.f0 r. �.. F }09w 3,230 1.70.4e 10 .
t01 R.a.w G1hof •T•a C.w1 •/ H2 3 G.A.10S
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CITY OF HUNTINGTON BEACH
s 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERIC
May 4, 19BB
Douglas M. Giltner
County of Orange
14 Civic Center Plaza
Third Floor
P. 0. Box 4106
Santa Ana, CA 92702-4106
Enclosed are three original Right of Entry Agreements for the Talbert and
Goldenwest Property - your file OPM 105-18. These agreements have been
executed and motorized on behalf of the City.
Please return one copy to this office following execution by the county.
ALICIA M. WENTWORTH, CITY CLERK
By: X - .(—Z—VA�rn?
—dt-�
Connie Brockway, Deputy City Clbkk
AW:CB:me
Enclosures
1
(Telephone 71"36-5227)
1
"a
REQUE6-T FOR CITY COUNCice ACTION
Date April li:-.221
Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL
Submitted by: -y— / Z71[
Michael T. Uberuaga, City Administrator 7-
Prepared by: Louis F. Sandoval, Director of Public Works Y GL Ax
Subject: City/County Right of Entry Agreement Extension to Allow the County to
Perform Air and Ground Water Tests at the City's property Located East of
Golden West Street and South of Talbert
Consistent with Council Policy? ] Yes [ ] New Policy or Exception /�
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISS :
The County of Orange has requested an extension to the existing right of entry agreement
to continue air and water tests at the prior County landfill site now on City property
located east of Golden West Street and south of Talbert Avenue.
RECOMMENDATION:
Approve Resolution No. 421-4 authorizing the Mayor and City Clerk to execute an
agreement with the County of Orange extending the County's right of entry on City
property located east of Golden West Street and south of Talbert Avenue.
ANALYSIS:
In May of 1988, the City and County entered into an agreement to give the County the
right of entry on the City's property located east of Golden West Street and south of
Talbert Avenue. As the County owned, operated and closed the original landfill on this
site, they are performing the solid waste assessment tests (SWAT) as required by the Santa
Ana Regional Water Quality Control Board.
The County has requested a second one year extension to the right of entry agreement in
order to continue the water tests to complete the SWAT requirements. The first
amendment was granted by City Council on July 16, 1990.
E NDING URCE:
No City funds involved with this agreement.
ALTERNATIVE ACTION:
Find an alternate method to meet the SWAT requirements of the Santa Ana Regional
Water Quality Control Board.
ATTACHMENTS:
I. Resolution
2. Original Agreement
3. Location Map
4. Amendment No. 2
MTU:LFS:JM:dw
2812g/5
Plo Strs
`x. RESOLUTION N0. 5254
-r A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COUNTY
OF ORANGE EXTENDING THE RIGHT OF ENTRY AGREEMENT
FOR REFUSE DISPOSAL STATION NUMBER 10
WHEREAS, the City of Huntington Beach desires to extend the
agreement with the County of Orange for their entry onto Parcel
PM 105-18 (more commonly known as Refuse Disposal Station
Number 10) owned by the City. A copy of the Amendment No. 2 is
attached hereto as Exhibit "A" and incorporated herein by this
reference.
NOW, THEREFORE, the City of Huntington Beach City Council
authorizes the Mayor and the City Clerk to execute such
agreement and deliver all necessary documents in connection
therewith for and on behalf of the City of Huntington Beach.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on
the Ist day of April ,
Mayor
A �ly"tGL � APPROVED AS TO FORM:
City Clerk City Attorney 149 f�4/f/
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administra or I&,- Director of Public Works
h.
Res. No. 6264
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the Members of said City Council
at a regular meeting thereof held on the 1st day
of April 19 91 , by the following vote:
AYES: Councilmembers:
MacAllister, Winchell , Green, Kelly, Robitaille, Patterson
NOES: Councilmembers:
.5i l va
ABSENT: Councilmembers:
None
4��Wa-� qff�ne
y er an ex-o icio er
of the City Council of the City
of Huntington Beach, California
REQUE6i FOR CITY COUNCIt�ACTION
Date July 16, 1990
Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL
Submitted by: Michael T. Uberuaga, City Administrato 7 . / t9
Prepared by: �is F. Sandoval, Director of Public Works owe
r--
YC
Subje-.t: City/County Right of Entry Agreement Extension to Allow the County to
Perform Air and Ground Water Tests at the City's property Located East of
Golden West Street and South of Talbert
Consistent with Council Policy? :k ] Yes [ New Policy or Exception 7e
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE•
The County of Orange has requested an extension to the existing right of entry agreement
to continue air and water tests at the prior County landfill site now on City property
located east of Golden West Street and south of Talbert Avenue.
RECOMMENDATION• r
Approve Resolution No. 6179 authorizing the Mayor and City Clerk to execute an
agreement with the County of Orange extending the County's right of entry on City R"
Y t�
property located east of Golden West Street and south of Talbert Avenue. t„ �-o s
C �1 �o
ANALYSIS:
n
r
• _r
In May of 1988, the City and County entered into an agreement to give the County the 71
right of entry on the City's property located east of Golden West Street and south of
Talbert Avenue. As the County owned, operated and closed the original landfill on this
site, they are performing the solid waste assessment tests (SWAT) as required by the Santa
Ana Regional Water Quality Control Board.
The County has requested a one year extension to the right of entry agreement in order to
continue the water tests to complete the SWAT requirements.
I NDING SOURCE:
No City funds involved with this agreement.
ALTERNATIVE ACTION:
Find an alternate method to meet the SWAT requirements of the Santa Ana Regional
Water Quality Control Board.
ATTACHMENT:
1. Resolution
2. Original Agreement 7
3. Location Map d ��
,16
MTU:LFS:JM:dw _AA (�OG• a F �i /
2473g/1 A f f 1
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CITY OF
HUNTINGTON BEACH ``'•
ORANGE COUNTY CALIFORNIA
r
i
REQUET FOR CITY COUNG ACTION
Date Aril 15 1988
Submitted to: Honorable Mayor and City CouncilGty
O A�
Submitted by: Paul E. Cook, City Administrator
, G
Prepared by: Les G. Evans, Acting Director of Public Works '0 4�
titi9 Gti
Subject: RIGHT OF ENTRY AGREEMENT
Consistent with Council Policy? Yes j ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The County of Orange has asked for riqht of entry to the Huntington Beach landfill to
perform solid waste assessment tests.
RECOMMENDATION:
Approve the Right of Entry Agreement between the City and the County of Orange for
the Huntington Beach landfill and authorize the Mayor to execute the agreement on
behalf of the City.
ANALYSIS:
The Regional Water Quality Control Board and the South Coast Air Quality Management
District have each enacted laws which require performance of solid waste assessment
tests (SWAT) on inactive landfills. Since the County originally operated the old landfill
located at the southeast corner of Goldenwest and Talbert, they have agreed to perform .
the required SWAT. They have requested a right of entry to perform the tests. •
FUNDING SOURCE:
Na funds required.
ALTERNATIVE ACTION:
ATTACHMENTS:
Right of Entry Agreement
PEC:LGE:dw
1591g/8
PI O 61I5
1
� r
i
R.A.SCOTT
Drector.General Services Agency
ROBERT G. LOVE
j
N-rY 0 F Dlrettor of Facin ertyt,es a Real PropJOHN R.SHADDY
Manager.Real Estate Orvisron
5RANGE
GENERAL SERVICES AGENCY
REAL ESTATE DIVISION
14 CN c Center Plaza.Third Floor
G-1800 P_O.Box 4106
Santa Ana.California 927M
April 1. 1988 (714)567-5003
PM 105-18
Refuse Disposal Station No. 10
Les Evans
Director of Public Works
City of Huntington Beach
City Hall
P.O. Box 190
Huntington Beach, CA 92748
Re: Right of Entry Agreement for Talbert and Goldenwest Property
Les, I am enclosing the Right of Entry document we spoke of previously. The
document allows the County of Orange personnel or their contractors to enter
the City-owned property, located at Talbert and Goldenwest streets, to conduct
solid waste assessment tests. I would appreciate if you would review and sign
the original and duplicate copies of the document and return them to my
attention at the above address. Additionally. I would appreciate your
enclosing with the documents a resolution either signed by your City Council
or City Manager authorizing the signatory to the Right of Entry documents to
execute leqal documents of this sort.
Once again, I appreciate your attention to this matter. Please don't hesitate
to call me if .You have any questions.
Douglas M. Giitner
Real Property Agent
Enclosure COUNTY OF nRANGE
GENERAL SER► 'ANCI
REAL ES,,_,V1S10,
r
DOUGLAS M.GILTNER
REAL PROPERTY AGENT
14 C114 C CENT EA PLAZA_THIRD FLOOR
P O Box 4106
SANTA A.%k CA WIM 4106 (714)sir- 0.T
DMG:nd:sf
0898o-1
4-01-88