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HomeMy WebLinkAboutMINUTES - 11091993 - 1.9 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: November 9, 1993 SUBJECT: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to send a letter to the U.S. Army Corps of Engineers to address hazardous substances within County-owned lands adjacent to Wildcat and San Pablo Creeks, North Richmond area. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to send the attached letter to the U.S. Army Corps of Engineers (Corps), on behalf of the Flood Control District. II. Financial Impact: There are no costs to the County or Flood Control District associated with this action. 111. 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. For the San Pablo Creek project, the Corps is concerned that its dewatering operation during channel construction might cause movement of subsurface contamination at the County's corporation yard. Therefore, the Corps has requested through the Flood Control District that the County hold and save the Federal government harmless for the presence or movement of contaminants within the confines of County-owned lands. Continued on Attachment: X SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON NOV 9 1993 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS 1/ UNANIMOUS (ABSENT .� ) AYES: NOES: ABSENT: ABSTAIN: ! hereby certify that this is a true and correct copy Of an action taken and entered on the minutes of the JJ JIg Board of Supervisors on the date shown. c\BO:BO9A.t1, NOV 9 1991 Contact:John Johnson 313-2311 ATTESTED: PHIL BATCHELOR,Clerk of the Board of Supervisors and county Administraror Orig. Div: Public Works (Design Division) cc: County Admin. E.Kuevor D Auditor-Controller By A- �eputy Community Development PW Accounting Construction APPROVE and AUTHORIZE the Chair of the Board of Supervisors to send a letter to the U.S. Army Corps of Engineers to address hazardous substances within County-owned lands adjacent to Wildcat and San Pablo Creeks, North Richmond area. November 9, 1993 Page -2- III. Reasons for Recommendations and Background: (Cont.) The Corps and Flood Control District have already been addressing the hazardous substances issue on Wildcat and San Pablo Creeks in accordance with Corps policy. The attached letter reflects the Corps' existing hazardous substance policy, and must be signed before they will construct the two projects. IV. Consequences of Negative Action: Failure to send the letter would be cause for the Corps to stop further work on the Wildcat and San Pablo Creeks project. ,The Board of SupervisorsContra Phil Batchelor Clerk of the Board and County Administration BuildingCOSta Co(510)646-2371unty Administrator 651 Pine St., Room 106 County Martinez, California 94553 Tom Powers,list District Jeff Smith,2nd District 6,.6E-C..O Gayle Bishop,3rd Districts. Sunne Wright McPeak 4th District Tom Torlakson,5th District 7-... .� 0 SrA COV1i� ' November 9-, 1993 Colonel John N. Reese U.S. Army Corps of Engineers 1325 J Street Sacramento, CA 95914-2922 Dear Colonel Reese: This letter regards the Wildcat and San Pablo Creeks flood control project. In an effort to resolve your concern and apprehension over possible movement of contaminated groundwater plumes within and :adjacent to our Corporation Yard, we are providing the following consideration, which shall be effective upon the Government's award of any construction contract for the project: Contra Costa County shall hold and save the Government harmless for the presence or movement of surface and/or subterranean chemicals and/or pollutants and/or regulated materials within the confines of County-owned lands. This clause applies to known underground plumes, but is not limited thereto, and it covers all Government activities relating to the project. We agree to this undertaking as of the date of this letter. CONTRA COSTA COUNTY Recommended for Approval J. Michael Walford, Public Works Director BY: �� �^ BY: Chair, Board of Supervisors DATE: N O V 9 1993 DATE: �v, 9 1,7,1-3 Attest: Phil Batchelor, County Administrator & Clerk Form Approved: of the Board of Supervisors Victor J. Westman, County Counsel BY: BY: �v Deputy Deputy P ` AA DATE: NOV 9 ' 1993 DATE: A K• 24- 12 1 JDJ:jlg c:JReese.t10 cc: J. M.Watford, Public Works Director M. Kubicek, Deputy