2005 AGN JAN 18 I15 - Laserfiche WebLink

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Item #15 CITY OF COLTON AGENDA REPORT FOR THE CITY COUNCIL MEETING OF JANUARY 18, 2005 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: AMER JAKHER, P.E., CITY ENGINEER SUBJECT: APPROVE THE DEED RESTRICTION AND OPERATION AND MAINTENANCE AGREEMENT BETWEEN TAE CITY OF COLTON AND THE DEPARMENT OF TOXIC SUBSTANCES REGARDING THE IDENTIFIED POLYCYCLIC AROMATIC HYDROCARBONS FOUND TO EXIST AT THE CITY OF COLTON'S CORPORATE YARD. DATE: JANUARY 10, 2005 BACKGROUND: The City of Colton's Corporate Yard was previously a gas plant where various items had been discarded in past yeazs. This resulted in the need for the soil on the property to be tested for possible contaminants. The results of such testing showed that soil, in azeas of the Corporate Yazd was, in fact, contaminated. The property was remediated to the maacimum extent possible in 2002 and a Soil Remediation Closure Report was prepazed and approved by the Department of Toxic Substances Control in August 2002. However, according to the Closure Report the following hazardous substances remain in areas of the Corporate Yazd identified as inaccessible areas (i.e., areas underneath existing structures or pavement): polycyclic aromatic hydrocazbons (PAHs), probable human cazcinogens and Benzo(a) Pyrene concentrations. A. Due to the existence of hazardous substances in the inaccessible azeas of the Corporate Yazd, the Department of Toxic Substances Control is requiring the City to execute and record a deed restriction on the Corporate Yard property that limits the permitted use of the Property, in lieu of remediating the inaccessible azeas of the site. Additionally, the Department of Toxic Substances Control is requiring the City to enter into an Operation and Maintenance Agreement with the Department to regulate the City's use of the Corporate Yazd and to enswe that annual inspections are conducted on the site. ANALYSIS/DISCUSSION: The Deed Restriction provides that the inaccessible areas of the Corporate Yard may only be used for industrial and commercial uses and prohibits such azeas to be used for residenrial purposes, hospitals for humans, schools or day care centers. The Deed Restriction also prohibits any activities that will disturb the soil in the inaccessible areas of the site. The Operation and Maintenance Agreement requires the City to implement measures to ensure that the inaccessible areas of the Corporate Yard remain covered or are managed in such a way to prevent workers from coming into direct contact with surface soil. In accordance with the