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HomeMy WebLinkAboutMINUTES - 08171993 - 1.14 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: August 17, 1993 SUBJECT: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to Execute an Amendment Agreement with the U.S. Army Corps of Engineers to Address Hazardous Substances Related to the Wildcat and San Pablo Creeks Reach 1 Project, Flood Control Zone 7 and Drainage Area 73. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to Execute an Amendment Agreement with the U.S. Army Corps of Engineers (Corps) on behalf of the Flood Control District. 11. Financial Impact: There are no costs to the District associated with the execution of this Amendment Agreement. III. Reasons for Recommendations and Background: On June 17, 1986,the Board of Supervisors APPROVED and AUTHORIZED execution of a Local Cooperative Agreement (LCA) with the Corps for the Wildcat and San Pablo Creeks project. The issue of hazardous substances was not addressed in the LCA. Hazardous substances have subsequently been discovered adjacent to both creeks at locations where the Corps is currently completing design work for two projects. Before the Corps will construct the two projects, they require the District to execute the Amendment Agreement. The first part of the amendment expands the "Release of Claims" article of the LCA to include the presence of hazardous substances. Continued on Attachment: X SIGNATURE: —,&L&" _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON AUG 17 1993 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS V✓ UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby ce"that this Is a trite and correct Copy of EW:fp an action taken and entered on the minutes of the c\BO:BO17A.t8 Board of Supervisors on� l then. data show ry Contact:John Johnson 313.2311 ATTESTED: AUG 1 / 199 . PHIL BATCHELOR.Clerk of the Board Orig. Div: Public Works(Design Division) of Supervisors and Imy Administrator cc: County Admin. E.Kuevor Auditor-Controller " Community Development PW Accounting Construction SUBJECT: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to Execute an Amendment Agreement with the U.S. Army Corps of Engineers to Address Hazardous Substances Related to the Wildcat and San Pablo Creeks Reach 1 Project, Flood Control Zone 7 and Drainage Area 73. August 17, 1993 Page -2- 111. Reasons for Recommendations and Background: Continued The second part of the amendment adds an article to the LCA to delineate the obligations and responsibilities of the Corps and the District relative to substances that are regulated under, or exempt from, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Corps and District have already been addressing the hazardous substances issue on Wildcat and San Pablo Creeks in accordance with Corps policy. The provisions of the amendment agreement relative to CERCLA simply reflect the Corps existing hazardous substance policy. IV. Consequences of Negative Action: Failure to approve and execute the Amendment Agreement would be cause for the Corps to stop further work on the Wildcat and San Pablo Creeks project. AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR LOCAL COOPERATION AT THE WILDCAT AND SAN PABLO CREEKS, CALIFORNIA FLOOD CONTROL PROJECT THIS AGREEMENT, entered into as of the last date shown on the signature page hereof, by and between the Department of the Army(Government)and the Contra Costa County Flood Control and Water Conservation District (District) is an amendment to the original Cooperative Agreement for the Wildcat and San Pablo Creeks, California,Flood Control Project executed on June 20, 1986,between the Government and the District. WITNESSETH, that WHEREAS,the original Cooperative Agreement did not include any provisions for hazardous, toxic, and radioactive waste(HTRW)responsibilities, the following clauses are to be amended to the original Agreement; NOW THEREFORE, the parties agree as follows: ARTICLE E IX-RELEASE OF CLAIMS Addendum: The presence of surface and/or subterranean chemicals and/or pollutants and/or regulated materials is within the contemplation of the parties to this Agreement. This clause applies to known underground plumes,but it is not limited thereto. ARTICLE XVIII-HAZARDOUS SUBSTANCES a. After execution of this Agreement and upon direction by the Contracting Officer, the Local Sponsor shall perform,or cause to be performed,such environmental investigations as are determined necessary by the Government or the Local Sponsor to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response,Compensation and Liability Act(CERCLA),42 USC 9601-9675, on lands necessary for project construction, operation, and maintenance. All actual costs incurred by the Local Sponsor which are properly allowable and allocable to performance of any such environmental investigations shall be included in total project costs and cost shared as a construction cost in accordance with Section 103 of Public Law 99-662. b. In the event it is discovered through an environmental investigation or other means that any lands, easements, rights-of-way, or disposal areas to be acquired or provided for the project contain any 1 hazardous substances regulated under CERCLA,the Local Sponsor and the Government shall provide prompt notice to each other, and the Local Sponsor shall not proceed with the acquisition of lands, easements, rights-of-way,or disposal areas until mutually agreed. C. The Government and the Local Sponsor shall determine whether to initiate construction of the Project, to continue with construction of the Project, or to terminate construction of the Project for the convenience of the Government in any case where hazardous substances regulated under CERCLA are found to exist on any lands necessary for the Project. Should the Government and the Local Sponsor determine to proceed or continue with construction after considering any liability that may arise under CERCLA,as between the Government and the Local Sponsor,the Local Sponsor shall be responsible for any and all necessary cleanup and response costs,to include the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of total project costs as defined in this Agreement. In the event the Local Sponsor fails to provide any funds necessary to pay for cleanup and response costs or to otherwise discharge its responsibilities under this paragraph upon direction by the Government,the Government may either terminate or suspend work on'the Project or proceed with further work as provided in Article XV. d. The Local Sponsor and the Government shall consult with each other under the Construction Phasing and Management Article of this agreement to assure that responsible parties bear any necessary cleanup and response costs as defined in CERCLA Any decision made pursuant to paragraph c of this Article shall not relieve any party from any liability that may arise under CERCLA e. The Local Sponsor shall operate, maintain, repair, replace, and rehabilitate the project in a manner so that liability will not arise under CERCLA. 2 IN WITNESS TBEREOA the parties hercto have an=ted this Amendment Agreement as of the last date written below. CONTRA COSTA COUNTY FLOOD SACRAMENTO DISTRICT CORPS OFENGMERS CONTROL AND WATER CONSERVATION THE UNTIED STATES OF AMERICA DLSMCT BY: Av Chair,Board Of Supervisors JOHN N.REESE Colas4 Corps of Engineers District Engineer DAM: AUG 17 1993 DATE: Attest:Phil Batchelor County Admiaistrator THS DBPARTUMNT OF THE ARMY and Cleric of the Board of Supervisors BY: Deputy Assistant Scw t W of the Army (Civil Worb) DATE: AUG 17 1993 DAA: Recomnmded for Approval J.Michael Walford,Public Worcs Director BY: . � l-l� DATE: 7 g�3 , a Form Approved: Victor J.Wessman,County Counsel BY: ��. Deputy DAZE: 3 NOTICE OF PUBLIC HEARING TO RECEIVE COMMENTS ON THE DRAFT ENVIRONMENTAL. IMPACT REPT}R,r ON THE 1993 CONGESTION MANAGEMENT PROGRAM FOR CONTRA COSTA COUNTY A PUBLIC MEETING WILL BE HELD AT: The Contra Costa Transportation Authority(CCTA) Offices 1340 Treat Boulevard, Suite 150 Walnut Creek, California 94596 (Across from the Pleasant Hill BART Station) DATE AND TIME: Wednesday,September 1, 1993 at 6:00 P.M. MEETING PURPOSE: To receive comments on the Draft Environmental Impact Report (EIR) for Contra Costa's 1993 Congestion Management Program. In June 1990, the voters of the State of California approved Proposition 111, which over a ten year period generates$18.5 billion in gas tax revenues dedicated to highway, rail, and transit improvements statewide. Approximately 16% of the funds are allotted to local jurisdictions for local street.maintenance and improvements,provided they are found in compliance with their County's Congestion Management Program. The CCTA has been designated as the Congestion Management Agency for Contra Costa County and is responsible for preparing the Congestion Management Program(CMP)which contains the following principal components: -Standards for managing congestion on highways and designated principal arterials; -Standards for monitoring the performance of transit; -A seven-year plan for highway and transit improvements; -Strategies for reducing the number of cars on the road; and, -Programs to evaluate land use decisions impacts on transportation. A Draft Congestion Management Program was issued by CCTA on June 16, 1993. Subsequently, a Draft Environmental Impact Report(DEIR)assessing the effects of the plan was issued August 2, 1993 . The 45-day public review period for the DEIR closes on September 16, 1993 at 5:00 P.M. Comments should be submitted in writing. Review copies are available: call 510-938-3970. Members of the Public are invited to attend this meeting and share their views with the Planning and Governmental Affairs Committee of the CCTA.