HomeMy WebLinkAboutCHP - Cannery Hamilton Properties, LLC - 2010-06-21g( 7Department of Toxic Substa 8iV6 ntrd -
Maziar Movassaghi
Linda S. Adams Acting Director _ ` 'Arnold Schwarzenegger
Secretary for Governor
Environmental Protection 5796 Corporate Avenue
Cypress, California 90630
Ascon Landfill Site
21641 Magnolia Street Huntington Beach, California
Field work activities for the approved Interim Removal Measure (IRM) are scheduled to begin the
week of July 5, 2010 and may continue through the first quarter of 2011. Haul truck traffic is
anticipated to initiate in mid July and last for approximately three to four months.
Initial activities
Large equipment —such as excavators —will be brought
to the site during mobilization, with some additional
equipment anticipated to arrive at the site throughout the
field work. Contractors will also place a construction
trailer on -site. Residents may notice workers and agency
staff prior to and during the IRM fieldwork.
Field activities
Field activities will include removal and disposal of the
tarry materials from two interior lagoons —referred to as
Lagoons 1 and 2—in the southwest interior of the Ascon
Landfill site. The material was deposited at the site
during the landfill's operation.
Haul Traffic
The daily maximum number of haul trucks visiting the site
is 70 trucks per day, entering the site at the Hamilton
Street Gate and exiting the site toward Pacific Coast
Highway at the southeast Magnolia Avenue Gate.
Work is anticipated to occur Mondays through Saturdays,
6:00 a.m. to 6:00 p.m., with workers arriving at 6 a.m. for
daily safety briefings. Workers will park onsite and be
required to minimize noise as they arrive.
Haul truck trips will be limited to entering and leaving the
site between 7:00 a.m. and 5100 p.m. and trucks will not
be allowed to line up or park on nearby city streets.
Waste hauling activities will be limited to Mondays
through Fridays, with the majority of trucks departing the
site prior to 1:30 p.m. The majority of haul truck traffic is
anticipated to occur in the first 3 to 4 months. It is
possible that additional haul trucks may be needed in the
first quarter of 2011.
Efforts will be taken to minimize noise and disruptions to
traffic. No street closures are planned at this time. Should
street closures be required, this will be coordinated with
the City of Huntington Beach.
Mitigation Measures
Trucks will be lined, loaded, covered, cleaned and
visually inspected before leaving the site. The exit area
will be staffed with a flagman during truck hauling to
ensure traffic safety.
It is expected there may be periodic odor, although this is
not a health risk. Air quality, dust and odor will be closely
monitored during the work. Dust and odor suppressants
will be applied. Air quality technicians with hand-held
monitors will take readings directly in the work areas and.
air monitoring stations are placed around the perimeter of
the site.
The IRM project is implemented in compliance with
mitigation measures and conditions imposed by DTSC,
the Regional Water Quality Control Board, the South
Coast Air Quality Management District and the City of
Huntington Beach.
RESIDENT HOTLINE
714-388-1833
Hotline
A 24-hour telephone hotline will be in effect during the
IRM fieldwork, 714-388-1833.
Residents are asked to call the hotline so that response
to concerns and inquiries may be expedited by the
project team.
Please tell the hotline the time and nature of your
concern. You may be asked for your telephone number
and address for follow up. Odor complaints, for example,
are best initiated by calling the hotline to expedite
additional mitigation measures. Residents also may call
the South Coast Air Quality Management District at
1-800-288-7664.
Who to Contact at DTSC for Information
For more information about the Ascon Landfill Site,
please contact:
Safouh Sayed, Project Manager
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, CA 90630-4732
(714)484-5478
E-mail: ssavedo_dtsc.ca.gov
Stacey Lear, Public Participation Specialist
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, CA 90630-4732
(714) 484-5354 or toll free 1-866-495-5651
E-mail: slear _dtsc.ca.gov
Where to find Project Documents
The Mitigated Negative Declaration, Workplan and
Mitigation, Monitoring and Reporting Program documents
for the IRM are available at the following Information
Repositories:
Huntington Beach Central Park Main Library
7111 Talbert Avenue
Huntington Beach, CA 92648-1232
(714) 842-4481
Mon —1:00 pm — 9:00 pm
Tues/Wed/Thurs — 9:00 am — 9:00 pm
Fri/Sat — 9:00 am — 5:00 pm
Sun —1:00 pm — 5.00 pm
Banning Branch Library
9281 Banning Avenue
Huntington Beach, CA 92646-8302
(714) 375-5005
Mon — Closed
Tues/Wed/Thurs — 12:00 pm — 9:00 pm
Fri —10:00 — 7:00 pm
Sat — 9:00 am — 5:00 pm
Sun — Closed
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, CA 90630-4732
(714) 484-5337
Mon — Fri 8:OOAM — 5:OOPM
Please contact Ms. Julie Johnson at the number above to
make an appointment.
For more information about the Ascon Landfill site visit
www. EnviroStor. dtsc. ca. qov. For more information about
our department, please visit our website at
www. dtsc. ca. qov.
Documents also are available at www.ascon-hb.com
under the Interim Removal Measure tab.
Notice to Hearing Impaired
TDD users can contact the California Relay Service at
1-888-877-5378 to reach Stacey Lear, DTSC Public
Participation Specialist at (714) 484-5354 or toll -free
1-866-495-5651.
For Media Inquiries
Ms. Sandra Friedman
Public Information Officer
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, CA 90630-4732
(714) 484-5383
E-mail: sfriedma(aD_dtsc.ca.gov
Other work at the Ascon Landfill Site:
Additional work is conducted at the site, unrelated to the
Interim Removal Measure, in preparation for the future
final remediation project and for general site
maintenance. These activities include:
-Weed abatement
-County pest abatement
-Stormwater control measures / inspections
-Groundwater monitoring and sampling
-Continued sampling and testing of site materials,
including Pit F
-Security patrol, site inspections
-Police and Fire department observations
-General site maintenance
Council/Agency Meeting Held:
Deferred/Continued to:
*pprpved ❑ Conditionally Approved
❑ Denied
Council Meeting Date: June 21, 2010 1 Department ID Number: PW10-039
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members.
SUBMITTED BY: Fred A. Wilson, City Administrator
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve Memorandum of Understanding (MOU) with ASCON Landfill
Site Responsible Parties (RP's) for reimbursement of funds related to
the Magnolia Street Rehabilitation Project, CC-1341
Statement of Issue: A Memorandum of Understanding (MOU) with ASCON Landfill Site
Responsible Parties is required in order to receive reimbursement of partial funding for the
completed Magnolia Street Rehabilitation Project, CC 1341, Phase 1.
Financial Impact: Reimbursed funds in the amount of $32,342.50 will be credited to
Proposition 113, Fund No. 218.
Recommended Action: Motion to:
Approve and authorize the Mayor and the City Clerk to execute the Memorandum of
Understanding between ASCON Landfill Site Responsible Parties, Cannery Hamilton
Properties, LLC, and the City of Huntington Beach Regarding Responsibility for Maintenance,
and Repair of Public Roadways Surrounding the ASCON Landfill Site.
Alternative Action(s): Deny the recommended action and do not seek reimbursement of
funds.
-197- Item 12. 4 Page 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 6/21/2010 DEPARTMENT ID NUMBER: PW10-039
Analysis: In the summer of 2009, the Magnolia Street Rehabilitation Project, CC: 1341,
Phase I was completed. Prior to final design, staff learned that portions of the street would
be subjected to future heavy truck traffic associated with the ASCON site clean up
operations. To mitigate this abnormal use, staff incorporated an increased structural road
section from the ASCON site driveway, southbound to Pacific Coast Highway. The
increased cost, based on the actual bid price, was determined to be $32,342.50. The
ASCON Landfill Responsible Parties are agreeable to reimburse the City for this added cost,
but requires that the City execute the subject MOU.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment
Attachment(s):
Memorandum of Understanding between ASCON Landfill Site
Responsible Parties, Cannery Hamilton Properties, LLC, and the
City of Huntington Beach Regarding Responsibility for
Maintenance, and Repair of Public Roadways Surrounding the
ASCON Landfill Site.
2 Location Map
Stem 12. - Page 2 -198-
ATTACHMENT
a 1
MEMORANDUM OF UNDERSTANDING BETWEEN ASCON LANDFILL SITE RESPONSIBLE
PARTIES, CANNERY HAMILTON PROPERTIES, LLC, AND THE CITY OF HUNTINGTON BEACH
REGARDING RESPONSIBILITY FOR MAINTENANCE AND REPAIR OF PUBLIC ROADWAYS
SURROUNDING THE ASCON LANDFILL SITE
The Ascon Landfill Site Responsible Parties (RPs), Cannery Hamilton Properties, LLC (CHP, the
owner of the Ascon Landfill Site property), and the City of Huntington Beach (City) (collectively,
"the Parties") memorialize their understanding regarding past, present and future responsibility
for maintenance and repairs of the public roadways around and adjacent to the Ascon Landfill
Site (Site) located at 21641 Magnolia Street, Huntington Beach, California, as follows:
DEFINITIONS:
"Additional Cost" is defined as the cost of the Additional Work.
"Additional Work" is defined as that portion of the Work where the City increased the Traffic
Index along Magnolia Avenue between the Site driveway and PCH from 8.0 to 8.5, as identified
in Attachment 1(the October 12, 2009, Note to File from Jim Wagner of the City of Huntington
Beach, California).
"Public roadways" and "roadways" are defined as the surface and foundation of streets and
sidewalks, as well as all fixtures thereon and thereunder including, but not limited to, lighting,
sanitary sewers, utility access points, underground and above ground utilities, and utility
easements.
"Potentially Impacted Roadways" is defined as Magnolia Street, from the intersection of
Hamilton Avenue south to Pacific Coast Highway; Hamilton Avenue, from the intersection of
Magnolia Street west to Newland Avenue; and Newland Avenue, from the intersection of
Hamilton Avenue south to Pacific Coast Highway.
"Remedial Actions" is defined as the Interim Removal Measure, as described in the DTSC-
approved Draft Interim Removal Measure Workplan, dated October 21, 2009, prepared by
Project Navigator, Ltd., and the DTSC-approved Draft Interim Removal Measure Initial
Study/Draft Mitigated Negative Declaration, dated October 22, 2009, prepared by PCR Services,
and the Final Remedy for the Site as described in the DTSC-approved Revised Feasibility Study,
dated September 21, 2007, prepared by Project Navigator, Ltd.
"Work" is defined as the resurfacing of the southbound lanes of Magnolia Avenue between the
Site driveway and the Pacific Coast Highway (PCH) performed by City in or about August 2009.
UNDERSTANDING OF THE PARTIES:
1. On or about June 1, 2009, City contracted for the Work with R.J. Noble Company.
December 2009 Page 1 of 14
2. Prior to commencing the Work, neither the Ascon Landfill Site RPs nor CHP received
official notice of the Work, the Additional Work or any intent to perform the Work, or any
advance request for the Ascon Landfill Site RPs to pay for all or any portion of the Work or the
Additional Work.
3. R.J. Noble Company performed the Work and the Additional Work in or about August
2009.
4. On or about October 13, 2009, City requested that the Ascon Landfill Site RPs pay for
the Additional Cost. City also presented the Ascon Landfill Site RPs with its in-house
calculations indicating that the Additional Cost totaled $32,342.50. (The City's calculations are
attached hereto and labeled Attachment 1 to the MOU.)
5. The Ascon Landfill Site RPs and CHP have not independently verified City's
calculations with respect to the Additional Cost. For purposes of this MOU only, the Ascon
Landfill Site RPs and CHP accept as accurate City's calculations set forth in Attachment 1 to the
MOU.
6. In consideration of the execution of this MOU by City, and to resolve issues without
further expense or delay, the Ascon Landfill Site RPs agree to pay the Additional Cost. Payment
of the Additional Cost by the Ascon Landfill Site RPs shall not be construed as, and does not
constitute, an admission of liability, responsibility or fault, nor does it constitute precedent or
an agreement with respect to any future costs or expenses incurred by City or others in
maintaining, repairing or improving public roadways.
7. The Ascon Landfill Site RPs' agreement to pay the Additional Cost and ultimate
payment thereof shall not in any way be construed as or constitute a warranty of any nature
with respect to the Work, Additional Work or any portion thereof. Any liability resulting from
any latent or. patent defects in the Work and/or the Additional Work shall remain the
responsibility of the City.
8. The Ascon Landfill Site RPs' agreement to pay the Additional Cost and ultimate
payment thereof shall not be construed as acceptance of liability, responsibility or any
contractual obligation with respect to City's contractor, R.J. Noble Company, or any other
contractor, individual or employee that performed any portion of the Work or Additional Work.
9. City does not presently anticipate performing any additional resurfacing or other
work on the Potentially Impacted Roadways during the Remedial Actions. The City has agreed
that normal protocol will be to include information regarding anticipated resurfacing or other
work as part of the permitting and/or conditions associated with the Coastal Development
Permit for Remedial Actions. In the event that any resurfacing or other work is necessary on
Potentially Impacted Roadways, and the City is of the opinion that the Ascon Landfill Site RPs
are responsible for performing or the cost of same, the City agrees to provide the Ascon Landfill
Site RPs with advance notice of the necessity of same, the opportunity for a joint inspection,
December 2009 Page 2 of 14
and an opportunity to perform or have any necessary work performed, as well as an
opportunity to present facts disputing responsibility, prior to the incurrence of costs by the City.
10. The Parties do not anticipate any other resurfacing of the Potentially Impacted
Roadways, or any other roadways within the City of Huntington Beach, as a result of the
Remedial Actions.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
December 2009 Page 3 of 14
11. This MOU becomes effective on the later of the dates below, and will terminate upon
DTSC certification of the Remedial Actions.
City of Huntington Beach:
Date: June 23, 2010
APPROVED AS TO FORM:
�. City ttorney�
�jt��,etn
REVI DI AND APPROVED:
stra
INITIATED AND APPROVED:
'ftirector.of Public Works
December 2009 Page 4 of 14
For the Ascon Landfill Site RPs:
(for Atlantic Richfield Company)
" 0�- ��/ bo
S' nature
s7A?/-�-7e,(3r
Title/Position \
C,- /N 74f,4
Print Name
Date:
December 2009 Page 5 of 14
For the Ascon Landfill Site RPs:
(for Chevron Environmental Management Company individually and on behalf of Chevron
U.S.A. Inc., Chevron Pipe Line Company and Texaco Inc.)
nature
Title/Position
Print Name
Date:
December 2009 Page 6 of 14
For the Ascon Landfill Site RPs:
(for CbribcoPhillips,Cchipa-hy, a sU&e§sdrtb Phillips-P6trblOOrn Cdrriothy,,b suc&tsdrtb
Cori-66o 100,
Print Narrid
Date:.
Decernbet, 2009 Page 7 of 14
For the Ascon Landfill Site RPs:
(for The Dow Chemical Company)
Signature
Title/Position
(~44-S AF• 619964--
Print Name
Date: AP,e«. `0, Z:C/O
December 2009 Page 8 of 14
For the Ascon Landfill Site RPs:
(for Exxon Mobil Corporation)
10ignatu re
itle/Position
Print Name /
Date: i 1- /,l
December 2009 Page 9 of 14
For the AsconLandfill Site RPs:
(for Shell Oil Company for itself and nnbehalf ufits affiliates)
Signaeure
Print Name
Date:
For the Ascon Landfill Site RPs:
(for Southern California Edison Company)
h
1l
Si nature
Director Corporate Environment, Health & Safety
Title/Position
JAMES R. GREENWOOD
Print Name
Date: April 27, 2010
December 2009 Page 11 of 14
For the AsconLandfUS�eRPs'
/ � 5fm
(for Northrop Grumman Systems Corporation [FA*Awvl�o�� TRW,, Incj)
Signature 6�'
Title/Posbibn
Print Name
For Cannery H-�mi It -on Pedperties"Ll-C:
Oignature
Title/Position
4 00 Ile
Print Name:,
t //
Date: —2�110e r
December2009 Page-13 of,14.
Foe Caphei-y HaMiltbfi Pf.bp&tie-'s,,LLC-.
Signature
Date: - -;?0/ o - -
December 2009 Page 14.,of-1:4
Memorandum of Understanding Between Ascon Landfill Site Responsible
Parties, Cannery Hamilton Properties, LLC, and the City of Huntington Beach
Attachment 1
December 2009
TO: Note to File:
FROM: Jim Wagner/Jo Claudio, City of Huntington Beach
October 12, 2009
Project CC- 1341has been completed. This memo identifies the increase cost associated with
increasing the Traffic Index (TI) from 8.0 to 8.5 in the southbound lanes on Magnolia Street
between the ASCON driveway and PCH. The construction cost differential of $32,342.50 is due
to an increase of 219 CY of excavation and an increase of 425 tons of Asphalt Concrete (AC) to
accomplish this task. The cost would have been $188,700.00 if the repairs were for a TI of 8.0
for the referenced lanes. The cost of the repairs for a TI of 8.5 for same lanes was approximately
$220,848.00. The ASCON strengthening consisted of increasing the dig out depth an additional
1.4 inches between driveway and Channel and 1.2 inches deeper from the Channel to PCH.
Background
The project was designed with a Traffic Index (TI) of 8.0 for all travel lanes. Upon the review
by City Staff, it was determined that the City spend additional money in construction to
strengthen the roadway in the area of the southbound lanes, from the ASCON driveway to PCH.
Therefore, the TI was increased from 8.0 to 8.5 to account for the fully loaded southbound trucks
originating from ASCON. Using actual bid pricing and as -built information, the cost of the
comparative repair sections were calculated as follows:
Stretch
Dig out area (SF)
Dig out Depth (ft)
Cubic Feet
Estimated Construction
T.I. =8.0 Without
(CF)/27=Cubic Yards
Cost ($)
ASCON
(CY)
Sta. 39+50 to Channel
50,152 SF
0.67' (8")
33,602CF/27=1,245
$32.50/CY x 1,245=
(Excavation)
CY
$40,447.00
Channel to PCH
325' x 12' =3,900 SF
0.50' (6")
1,950 CF/27=72 CY
$32.50/CY x 72=
(Excavation)
$2,347.00
Excavation Sub -Total
1,317 CY
$42,794.00
Sta. 39+50 to Channel
50,152 SF
0.67' (8")
33,602 CF * 144/2000
$57.00/Ton x
(Base Course Asphalt
=2,420 Tons
2,420=$137,903.00
Concrete)
Channel to PCH (Base
3,900 SF
0.50' (6")
1,950 CF * 144/2000
$57.00/Ton x
Course Asphalt
=141 Tons
141=$8,003.00
Concrete)
Base Course Sub -Total
2,561 Tons
$145,906-00
Total
54,052
$188,700.00
Stretch
Dig out area (SF)
Dig out Depth (ft)
CF/27=CY
Cost ($)
T.I. =8.5 For ASCON
Sta. 39+50 to Channel
50,152 SF
0.78' (9.4")
39,120 CF/27=1,449
$32.50/CY x 1,449=
(Excavation)
CY
$47,092.50
Channel to PCH
325' x 12' =3,900 SF
0.60' (7.2")
2,340 CF/27=87CY
$32.50/CY x 87=
(Excavation)
$2,827.50
Excavation Sub -Total
1,536 CY
$49,920.00
Sta. 39+50 to Channel
50,152 SF
0.78' (9.4")
39,120 CF * 144/2000
$57.00/Ton x
(Base Course Asphalt
=2,817 Tons
2,817=$160,569.00
Concrete)
Channel to PCH (Base
3,900 SF
0.60' (7.2")
2,340CF * 144/2000
$57.00/Ton x
Course Asphalt
=169 Tons
169=$9,633.00
Concrete)
Base Course Sub -Total
2,986 Tons
$170,202.00
Total
$220,122.00
* CC-1341 Bid Unit Prices were $32.50/CY of Excavation & Disposal and $57.00/Tons for Asphalt Concrete.
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-217- Item 12. - Page 21