HomeMy WebLinkAboutMINUTES - 12112012 - C.03RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Covenant to Restrict Use of
Property and Environmental Restriction (Covenant) between Contra Costa County (County) and the California
Department of Toxic Substances Control (DTSC) for the Clyde Pedestrian Path; Assessor Parcel Nos. 100-299-001,
100-305-001, and 100-315-001; to protect human health, safety, and the environment.
DETERMINE that the execution and recordation of the Covenant is in the public interest and will not substantially
conflict or interfere with the County’s use of the property.
DIRECT the Real Estate Division to have the Covenant recorded in the Office of the County Recorder.
APPROVE an increase in funds in the amount of $122,603 for oversight activities under the Voluntary Cleanup
Agreement between the County and DTSC, for a new payment limit of $130,000, for the Clyde Pedestrian Path
Project, Project No. 4660-6X4114-10, Clyde Area.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/11/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Angela Villar,
925-313-2016
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: December 11, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Liza Mangabay, Finance, Joe Yee, Maint
C. 3
To:Board of Supervisors
From:Julia R. Bueren, Public Works
Date:December 11, 2012
Contra
Costa
County
Subject:Covenant to Restrict Use of Property and Environmental Restriction for the Clyde Pedestrian Path
FISCAL IMPACT:
The project is funded by local Road Funds (100%).
BACKGROUND:
In 2003, Jonas & Associates, Inc. completed a Phase I and Phase II Environmental Site Assessment for a 60 foot
wide strip of land owned by Union Pacific Railroad Company (UPRR) parallel to Norman Avenue and Port
Chicago Highway between Sussex Street and Warwick Street (Property) and identified the presence of
polynuclear aromatic hydrocarbons and arsenic on the Property.
In February 2010, Nichols Consulting Engineers, Chtd (Nichols) completed a Phase II Supplemental Site
Assessment that conducted additional testing and provided specific recommendations for mitigation of the
hazardous materials identified. This report identified the construction of a pedestrian path along the former
railroad track alignment as a suitable containment remedy.
The Clyde Pedestrian Path (Project) included the construction of a bicycle-pedestrian trail in the unincorporated
community of Clyde. The path reflects the recommendations outlined in Nichols’ report and serves as a cap to
known contaminants found on the property, providing containment of hazardous soils.
On June 22, 2010, the Board of Supervisors approved the Purchase and Sale Agreement and Grant Deed for the
Property from UPRR for the Project.
On November 2, 2010, the Board of Supervisors adopted the Mitigated Negative Declaration and Mitigation and
Monitoring Reporting Plan in compliance with the California Environmental Quality Act (CEQA) and authorized
advertisement of the Project.
On March 1, 2011, the Board of Supervisors approved the plans, specifications, and design for the Project, Project
No. 4660-6X4114-10, and awarded the construction contract for the Project. On December 13, 2011, the Board of
Supervisors adopted Resolution No. 2011/493 accepting as complete the contracted work for the Project.
On November 1, 2011, the Board of Supervisors approved the Voluntary Cleanup Agreement, dated November
30, 2011, between the County and the California Department of Toxic Substances Control (DTSC), in an amount
not to exceed $7,397, to provide oversight activities for the Project. A Preliminary Endangerment Assessment and
Operations and Maintenance Plan for the Project, both dated May 31, 2012, were prepared by Nichols. Upon
review of the Project, DTSC requested that a Covenant to Restrict Use of Property and Environmental Restriction
(Covenant) be recorded on the Property to ensure full protection of the environment and human health.
On June 26, 2012, DTSC issued a no further action (NFA) letter for the Project, requiring annual reports and five
year summary reports be submitted for review and approval, as long as contamination is in place. Annual reports
are estimated at $2,958 for DTSC review and five year summary reports are estimated at $6,984 for DTSC
review. For the purposes of estimation, the life of the Project is assumed to be 25 years. Remaining oversight
activities in connection with preparation of the Covenant are estimated at $6,874, for a total fund increase of
$122,603, as detailed in the attached cost estimate tables. In accordance with the Voluntary Cleanup Agreement,
the fund increase will provide reimbursement to DTSC for ongoing oversight, as required by DTSC.
CONSEQUENCE OF NEGATIVE ACTION:
The project will not fulfill the requirements of the Voluntary Cleanup Agreement executed with DTSC.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
CPP Final VCA
Cost Estimate
Covenant