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C. 4
To: Board of Supervisors
From: Julia R. Bueren, Public Works Director/Chief Engineer
Date: November  1, 2011
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Voluntary Cleanup Agreement with the California Department of Toxic Substances Control for the Clyde Pedestrian Path Project

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   11/01/2011
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Gayle B. Uilkema, 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:     November  1, 2011
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Voluntary Cleanup Agreement with the California Department of Toxic Substances Control, in an amount not to exceed $7,397, to provide oversight activities for the Clyde Pedestrian Path Project.  
  

APPROVE advance payment of $3,700 in anticipation of oversight activities and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to Department of Toxic Substances Control, Accounting Office, 1001 I Street, 21st Floor, P.O. Box 806, Sacramento, California 95812-0806, to be forwarded to the Transportation Engineering Division for delivery.  

FISCAL IMPACT:

The project is funded 100% by the Navy Mitigation Funds.

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 (PAH’s) and arsenic on the Property.   
  
In February 2010, Nichols Consulting Engineers, Chtd 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 (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 Clyde Pedestrian Path Project (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.  
  
In March 2011, a risk evaluation was conducted by SLR International Corp in support of the Project. The risk evaluation concluded that the Project as designed resulted in an acceptable risk to human health and the environment.   
  
On March 1, 2011, the Board of Supervisors approved the plans, specifications, and design for the Clyde Pedestrian Path Project, Project No. 4660-6X4114-10 and awarded the construction contract for the project.  
  
To further ensure that the Project does not pose an unacceptable risk, the Public Works Department has elected to enroll in the California Department of Toxic Substances Control’s (DTSC) Voluntary Cleanup Program at conclusion of the Project. The purpose of the Voluntary Cleanup Agreement (VCA) is for DTSC to provide oversight activities to investigate and/or remediate a release or threatened release of any hazardous substance at or from the Site. Upon completion of its review of the Project, DTSC will issue a Site certification of completion or a “No Further Action” letter, depending on its findings.  

CONSEQUENCE OF NEGATIVE ACTION:

The project will not have oversight by DTSC and will not receive a site certification of completion or a “No Further Action” letter.

CHILDREN'S IMPACT STATEMENT:

Not applicable.

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