Los Angeles Regional WaterQuality Control Board
June 23, 2023
Mr.GustavoRomo
City of Bell Gardens
7100 South Garfield Avenue
Bell Gardens, CA 90201
SUBJECT:2023-2024 ANNUAL ESTIMATION LETTER FOR SITE CLEANUP COST
RECOVERY PROGRAM
CASE/SITE:FORMER BERK OIL & PACIFIC METAL CRAFTAT 5614 SHULL STREET, BELL GARDENS, CALIFORNIA 90201(FILE NO. 0313, SITE ID. 2040193)
Dear Mr.Romo,
The California Regional Water Quality Control Board, Los Angeles Region (Regional Board) is the lead agency overseeing the environmental investigation and cleanup of the Former Berk Oil & Pacific Metal Craft siteunder the authority of the Porter-Cologne Water Quality Control Act (Cal. Water Code §§13000 et seq.) and other applicable laws and regulations. Section 13304 of the California Water Code authorizes the Regional Board to recover reasonable expenses from a responsible party for overseeing the investigation and cleanup of discharges of waste that have affected or threaten to affect the waters of the state or cause nuisance. It is the Regional Board’s intent to continue to recover costs for regulatory oversight work conducted at the subject site(s). In compliance with section 13365 of the California Water Code, this annual estimation letter provides you the following information regarding costs for regulatory oversight work:
1.A detailed estimate of the work to be performed or services to be provided;
2.A statement of the expected outcome of that work;
3.The billing rates for all individuals and classes of employees expected to engage in the work; and
4.An estimate of all expected charges to be billed to you by this agency.
Mr.Romo-2 -June 23, 2023
City of Bell Gardens
File No. 0313
I.Estimate of Work to be Performed
The R
egional Board staff estimate that during the Regional Board’s 2023/2024 fiscal year (July 1, 2023 to June 30, 2024) regulatory oversight work may include, but is not limited to, the following tasks to be performed with respect to your site(s):
1.Review technical reports and conceptual site models that are intended to identify the sources of waste, to investigate the waste pathways, and to fully delineate the vertical and lateral extent of waste in soil matrix, soil vapor and groundwater;
2.Request and review additional assessment work plans and reports, remedial action plans, progress and monitoring reports, and other technical reports as necessary;
3.Prepare comment letters on various reports and communicate findings to responsible parties;
4.Conduct site inspections, observe field activities, collect split samples, and meet with environmental consultants and responsible parties;
5.Conduct internal and external communication (i.e. meetings, memos) and respond to public inquiries about or related to the site investigation and remediation;
6.Provide environmental documentation to address the California Environmental Quality Act, where required, regarding the site cleanup; and
7.Implement public participation activities which may include producing baseline community assessments, factsheets and work notices, developing a circulation/mailing list of interested, affected and potentially affected parties, creating a Public Participation Plan, conducting public meetings, and providing written responses to public comments.
II.Statement of Expected Outcome
The expected outcome of work that will be performed during fiscal year 2023/2024 includes:
Prepare and issue directive orders regarding the site;
Provide written comments on technical reports;
Verify the adequacy of technical reports; and
Prepare correspondence to public inquiries about the site investigations and cleanups as needed.
III.
Billing Rates
Attached are the Site Cleanup Program, Monthly Salary Scales by Job Classification (Attachment 1) for employees expected to perform the work and the Reimbursement Process for Regulatory Oversight (Attachment 2). The names and classifications of employees that work on and charge time to this site will be listed on the invoices. The average billing rate is about $215.00 per hour.
Mr.Romo-3 -June 23, 2023
City of Bell Gardens
File No. 0313
If you have any questions regarding billing, please contact the Division of Financial Assistance (DFA) at the Site Cleanup Program (SCP) Message Line: (916) 341-5643 or via email: [email protected].
IV.Estimation of Expected Charges
A.Regional Board staff expects to charge about 700 hours for work related to this site or these sites during fiscal year 2023/2024. Based on the average billing rate of $215.00 per hour, the estimated billing charge by the Regional Board staff for this site or these sites during this fiscal year is about $150,500 which does not include possible contract charges stated in B (see below). Please note that this is neither a commitment nor a contract for regulatory oversight. It is only an estimate of the work which may be performed.
B.To bet
ter evaluate the potential health risk, including soil vapor intrusion into indoor air, from the detected or residual waste posed to the current/future occupants of the site and the immediate site vicinity, the Regional Board has established a contract with the State Office of Environmental Health Hazard Assessment (OEHHA), to have their toxicologists review the submitted health risk assessment work plans and reports.
OEHHA will review, evaluate if appropriate, and provide comments on risk assessment work plans and reports. When requested, OEHHA toxicologists will provide the Regional Board consultation services on issues concerning human health and/or environmental risks.
Under the Cost Recovery Program, the responsible party is required to reimburse the Regional Board for the costs incurred by OEHHA. Charges by OEHHA staff will be included in our invoices under the contract charges category. All quarterly invoices generated for this project will be sent to your billing contact by the Site Cleanup Program, State Water Resources Control Board.
V.Other Requirements
1.Change of Ownership: You must notify the Executive Officer in writing at least 30 days in advance of any proposed transfer of this cost reimbursement account’s responsibility to a new owner, with a specific date for the transfer. In addition, you shall notify the succeeding owner of the existence of this cost reimbursement account by letter, a copy of which shall be forwarded to the Regional Board.
2.Public Participation: With increased public interest in our programs and the public knowledge of threat to human health and the environment, the Regional Board has increased efforts to get the public more involved in our decision-making process. The Regional Board provides information and opportunities for public participation consistent with State law (including California Health and Safety Code section 25356.1 and California Water Code sections 13307.5 and 13307.6). You may be required to prepare and implement public participation activities including,
Mr.Romo-4 -June 23, 2023
City of Bell Gardens
File No. 0313
but not limited to producing baseline community assessments, factsheets and work notices, developing a circulation/mailing list of interested, affected and potentially affected parties, creating a Public Participation Plan, and facilitating public meetings. Regional Board staff will provide you with additional guidance as appropriate.
3.Electronic Submittals: In September 2004, the State Water Resources Control Board adopted regulations (Chapter 30, Division 3 of Title 23 & Division 3 of Title 27, California Code of Regulation) requiring the electronic submittal of information for all site cleanup programs, starting January 1, 2005. Currently, site information within the electronic submittals and the GeoTracker contacts can be found at http://www.waterboards.ca.gov/ust/electronic_submittal .
To comply with the above referenced regulations, you are required to upload all technical reports, documents, and well data to GeoTracker by the due dates specified in the Regional Board letters and orders issued to you or for the site. However, we may request that you submit hard copies of selected documents and data to the Regional Board in addition to electronic submittal of information to GeoTracker.
If you have any questions, please contact Jillian Ly (Section II Pro Manager) at (213) 576-6664 or [email protected].
Sincerely,
____________________
for Susana Arredondo
Executive Officer
A
ttachments:
1.Monthly Salary Scales by Job Classification
2.Reimbursement Process for Regulatory Oversight
ATTACHMENT 1
STATE WATER RESOURCES CONTROL BOARD
SITE CLEANUP PROGRAM (SCP)
BILLING COST EXPLANATION
Fiscal Year 2023-2024
Employee Salary and Benefit by Classification \[1\]Salary/Benefits Range AEO - Assistant Executive Officer CEA $ 13,563 $ 28,008 ADMOFFII - Admin Officer II $ 8,550 $ 10,623 AGPA -Associate Governmental Program Analyst $ 7,902 $ 10,191 AFCNSL - Staff Counsel (Attorney) $ 10,244 $ 15,518 SFCNSLIII -Staff Counsel III (Attorney) $ 14,643 $ 18,786 SFCNSLIV -Staff Counsel IV (Attorney)$ 16,177$ 20,770 BSA - Business Serv Asst $ 4,482 $ 7,063 EG -Engineering Geologist $ 8,585 $ 16,164 EPMI -Environmental Program Manager I$ 16,609$ 20,648 EPMII -Environmental Program Manager II $ 19,276 $ 21,898 ES -Environmental Scientist$ 5,936 $ 11,351 EOI - Exec Officer I $ 22,167 $ 25,182
EOII - Exec Officer II $ 22,709 $ 25,794
OA - Office Assistant $ 4,124 $ 5,767
OT -Office Technician $ 4,825 $ 6,220
PWRCE - Principal Water Resources Control Engineer $ 20,198 $ 22,942 PPS - Public Participation Specialist$ 7,902 $ 9,892 SEA - Sanitary Engineering Associate $ 8,908 $ 11,152 SET - Sanitary Engineering Technician $ 6,137 $ 8,815 SEG - Senior Engineering Geologist $ 15,136 $ 18,944 SRES - Senior Environmental Scientist $ 14,364 $ 17,857 SRES - Senior Environmental Scientist (Spec) $ 10,506 $ 13,069 SWRCE - Senior Water Resources Control Engineer$ 15,136 $ 18,944 SSA - Staff Services Analyst $ 5,061 $ 8,472 SUEG - Supervising Engineering Geologist $ 16,625 $ 20,810 SUWRCE - Supervising Water Resources Control Engineer$ 16,625 $ 20,810 WRCE - Water Resources Control Engineer $ 8,585 $ 16,082
Intermittent Employees:
SA - Scientific Aid $16.07/hour $19.07/hour
Note: The State is currently in negotiations with the unions so the upper limits of these ranges may be subject to change.
ATTACHMENT 1
Operating Expenses and Equipment \[2\] (both State and Regional Board offices) Indirect Costs (Overhead + Admin = cost of doing business) 140%
Billing Example for One Month Salary
WRCE -Water Resources Control Engineer
Total Direct Labor Charges \[3\] (per month):$ 16,082 Contract Charges (if applicable): $ -
Direct Labor Overhead:$ 12,062
State Board Program Admin and Overhead:$ 2,414
Regional Board Program Admin and Overhead: $ 8,041
Total Cost (per month): $ 38,600
$ 219
Divided by 176 hours per month equals per hour:
(Due to the various classifications that expend SCP resources an average of $215.00 per hour can be used for projection purposes.)
\[1\]The name and classification of employees performing oversight work will be listed on invoices you receive. \[2\] The examples are estimates based on recent billings. Actual charges may be higher or lower. \[3\] Total Direct Labor Charges = Salary and Benefits
ATTACHMENT 2
REIMBURSEMENT PROCESS FOR REGULATORY OVERSIGHT
We have identified your facility or property as requiring regulatory cleanup oversight.
Pursuant to the Porter-Cologne Water Quality Control Act, reasonable costs for such oversight can be recovered by the Regional Water Quality Control Board (RWQCB) from the responsible party. The purpose of the enclosure is to explain the oversight billing process structure.
INTRODUCTION
The Porter-Cologne Water Quality Control Act authorizes the State Water Resources Control Board (SWRCB) to set up Cost Recovery Programs. The Budget Act of 1993 authorized the SWRCB to establish a Cost Recovery Program for Site Cleanup Program (SCP). The program is set up so that reasonable expenses incurred by the SWRCB and RWQCBs in overseeing cleanup of illegal discharges, contaminated properties, and other unregulated releases adversely impacting the State's waters can be reimbursed by the responsible party. Reasonable expenses will be billed to responsible parties and collected by the Fee Coordinator at the SWRCB in the Division of Financial Assistance (DFA).
THE BILLING SYSTEM
Each cost recovery account has a unique Site ID number assigned to it. Whenever any oversight work is done, the hours are entered into the SCP Cost Recovery/daily logs database. The cost of the staff hours is calculated by the State Accounting System based on the employee’s salary and benefit rate and the SWRCB overhead rate.
SWRCB and RWQCB Administrative charges for work such as accounting, billing preparation, general program meetings and program specific training cannot be charged directly to an account. This work will be charged to Administrative accounting codes one per Region. The Accounting Office totals these administrative charges for the billing period and distributes them back to all of the accounts based on the number of hours charged to each account during that billing period. These charges show as State Board Program Administrative Charges and Regional Board Program Administrative Charges on the Invoice.
The current billing period charges will include associated labor costs, risk assessment contract charges, overhead charges, SWRCB/DFA Administrative charges, and RWQCB Administrative charges. The overhead charges are based on the number of labor hours charged to the account. The overhead charges consist of rent, utilities, travel, supplies, training, and accounting services. Most of these charges are paid in arrears. The Accounting Office keeps track of these charges and distributes them back monthly to only those accounts having Labor hours charged to them for the period being billed. No site will be billed for overhead during a billing period unless Labor hours have been posted to the RWQCB employee’s daily logs residing in the SCP Cost Recovery database.
Invoices are issued quarterly, one quarter in arrears. If a balance is owed, a check is to be remitted to the SWRCB with the invoice remittance stub within 30 days after receipt of the invoice. The Fee Coordinator inputs a record of all checks received directly or by the Accounting Office on a daily basis.
1 ATTACHMENT 2
Copies of the invoices are sent to the appropriate RWQCBs so that they are aware of the oversight work invoiced. Questions regarding the work performed should be directed toward your RWQCB case worker.
DISPUTE RESOLUTION
If a dispute regarding oversight charges cannot be resolved with the RWQCB, Section 13320 of the California Water Code provides a process whereby persons may petition the SWRCB for review of RWQCB decisions. Regulations implementing Water Code Section 13320 are found in the Title 23 of the California Code of Regulations, Section 2050.
DAILY LOGS
A detailed description (daily log) of the actual work being done at each specific site is kept by each employee in the Regional Water Board who works on the cleanup oversight at the property. This information is provided on the quarterly invoice using standardized work activity codes to describe the work performed. Upon request, a more detailed description of the work performed is available from the RWQCB staff.
REMOVAL FROM THE BILLING SYSTEM
After the cleanup is complete, the RWQCB will submit a closure form to the SWRCB to close the account. If a balance is due, the Fee Coordinator will send a final billing for the balance owed. The responsible party should then submit a check to the SWRCB to close the account.
AGREEMENT
No cleanup oversight will be performed unless the responsible party of the property has agreed in writing to reimburse the State for appropriate cleanup oversight costs and submitted to the RP. You may wish to consult an attorney in this matter. As soon as the letter is received, the account will be added to the active Site Cleanup program Cost Recovery billing list and oversight work will begin.
If you have any questions regarding billing, please contact the Division of Financial Assistance (DFA) at the Site Cleanup Program (SCP) Message Line: (916) 341-5643 or via email: DFA- [email protected]
2 2024
FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Engineering Services)
(Parties: City of Bell Gardens and Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers)
THIS FIFTH Fourth
Professional Services Agreement Between the City of Bell Gardens and and dated November 27, 2017
d entered into this day of January 2024
BOWMAN INFRASTRUCTURE ENGINEERS LTD.
DBA INFRASTRUCTURE ENGINEERS onsultant
Fifth
and Consultantonsultant
interchangeably, as appropriate.
RECITALS
This Fifth Amendment is made and entered into with respect to the following facts:
WHEREAS, on November 27, 2017, the Parties executed and entered into a Professional Services Agreement for the Consultant to provide engineering services; and
WHEREAS, the Master Agreement was revised by way of an Amendment that was
WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on October 5, 2020 (hereinafter,
WHEREAS, the Master Agreement was once again extended by way of a side and
WHEREAS, on June 13, 2022, the Master Agreement was further amended by way of a second amendment
extending the Agreement for an additional one (1) year, to November 27, 2023, to allow the City to undergo a rigorous Request for Proposals Process; and
WHEREAS, on November 13, 2023, the Master Agreement was further amended extending the Agreement for one (1) month to allow the City to complete its Request for Proposals Process; and
1 WHEREAS, on December 11, 2023, the Master Agreement was further amended by way of a
extending the Agreement for an additional one (1) month; and
WHEREAS, for purposes of this Fifth Amendment, the Master Agreement as amended by way of the Fourth Amendment, Third Amendment, Second Amendment, First Amendment, Side Letter No. 1, and Side Letter No. 2, may be referred to collectively is attached and incorporated hereto as ;
and
WHEREAS, the Agreement is set to expire on January 31, 2024; and
WHEREAS, staff is currently reviewing the proposals and conducting interviews received and anticipates making a recommendation at a Council Meeting in February of 2024; and
WHEREAS, the Parties wish to modify the Agreement to extend the Term of the Agreement to February 29, 2024, to prevent a lapse in services.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 4.1 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through February 29, 2024.
SECTION 2. Except as otherwise set forth in this Fifth Amendment, the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment, Third Amendment and Fourth Amendment, shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Fifth Amendment, together with the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment, Third Amendment and Fourth Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 3. The provisions of this Fifth Amendment shall be deemed a part of the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment, Third Amendment and Fourth Amendment and except, as otherwise provided under this Fifth Amendment, the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment, Third Amendment and Fourth Amendment, and all provisions contained therein shall remain binding and enforceable.
In the event of any conflict or inconsistency between the provisions of this Fifth Amendment and the provisions of the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment, Third Amendment and Fourth Amendment, 2 the provisions of this Fifth Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment, Third Amendment and Fourth Amendment, and no further.
3 IN WITNESS WHEREOF, the Parties hereto have caused this Fifth Amendment to be executed on the day and year first appearing above.
CITY: CONSULTANT:
CITY OF BELL GARDENS BOWMAN INFRASTRUCTURE
ENGINEERS LTD. DBA
INFRASTRUCTURE ENGINEERS
By:____________________________
By:_____________________________
Name:_________________________
Title: __________________________
Date:
Date:
APPROVED AS TO FORM:
By:______________________________
Stephanie Vasquez, City Attorney
4 AGREEMENT
5 City of Bell Gardens
NOTICE OF COMMISSION
VACANCIES
The City Council is seeking applications for the following vacancies:
NAMEAPPOINTED BYNOTICE APPOINTMENT DATE
POSTED
EDUCATION COMMISSION
Victoria MirembreGomez11/13/2023
Jeanette BeltranPulido12/11/2023
VACANTDe Leon Sanchez8/30/2023
Kristina PauloBarcena1/09/2023
Miguel FloresChavez3/22/2021
PLANNING COMMISSION
Gustavo MendezGomez8/28/2023
Andrew LeonPulido11/13/2023
Oscar BoadoDe Leon Sanchez9/11/2023
Armando BarcenaBarcena1/09/2023
Miguel De La RosaChavez1/11/2021
RECREATION, CULTURAL AND YOUTH COMMISSION
Katelynn CabreraGomez10/23/2023
Cindy AlvaradoPulido2/27/2023
Cecilia Diaz-JimenezDe Leon Sanchez1/23/2023
Isabel DuronBarcena1/09/2023
VACANTChavez1/16/2024
SENIOR CITIZEN COMMISSION
VACANTGomez7/05/2023
Ernesto RamirezPulido12/11/2023
Stephanie PerezDe Leon Sanchez1/23/2023
Ana M. Sanchez FloresBarcena1/09/2023
Diana RiveraChavez1/09/2023
TRAFFIC AND SAFETY COMMISSION
Raul VelascoGomez10/09/2023
Jayson GavilanesPulido1/11/2021
Hugo AlvaradoDe Leon Sanchez1/09/2023
David HerediaBarcena1/09/2023
Carlos Jose BarreraChavez1/11/2021
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event,the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Bell Gardens, CA 90201.
-7705 for more information.
Daisy Gomez
City Clerk
Updated:1/16/2024