CITY OF POMONA
COUNCIL REPORT
December 19, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Chris Diggs, Water Resources Director, and Rene Guerrero, Public Works Director
SUBJECT: EXECUTION OF AGREEMENTS FOR THE CONTINUATION OF THE CITY LOT REMEDIATION ENVIRONMENTAL CLEANUP PROJECT RECOMMENDATION:
It is recommended that the City Council take the following actions:
Adopt the following resolution:
RESOLUTION NO. 2022-213 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $1,660,000 OF REFUSE FUND RESERVES TO THE “CITY LOT REMEDIATION”, PROJECT NO. 418-2590-XXXXX-71021 Approve a three-year agreement with two one-year renewal options (Attachment 2) with EnSafe, Inc. in the amount of $1,510,000 for the continuation of the soil vapor extraction cleanup, groundwater analysis, and groundwater cleanup; Approve the allocation of $98,426 for oversight services provided by the Department of Toxic Substances Control (DTSC) in FY 2022-23 which will be processed as an amendment to PO200727; Authorize the City Manager, or designee, to execute the EnSafe agreement and any amendments on behalf of the City, subject to review and approval as to form by the City Attorney; and, Authorize the City Manager, or designee, to execute the Voluntary Cleanup Agreement amendment with DTSC on behalf of the City.
EXECUTIVE SUMMARY:
The recommended actions will approve a new agreement with EnSafe, Inc. to continue the operation of the soil vapor extraction (SVE) unit used to remove volatile organic compounds (VOC) at the City owned parcels located at 198 N. Hamilton Boulevard and 822 W. Commercial Street; and will approve the execution of a Voluntary Cleanup Agreement amendment with DTSC for monitoring of the activities taking place at the two DTSC cleanup sites.
FISCAL IMPACT:
Upon the request by the City, EnSafe provided a proposal for the tasks that will be needed to comply with the DTSC environmental analyses. Some expenses for the required groundwater analyses have been included, and funding for future years will be budgeted at the appropriate time. Additional funding will be required for a DTSC Voluntary Cleanup Agreement (VCA) in the amount of $98,426; FY 2022-23 DTSC oversight cost estimates for 198 N. Hamilton Boulevard (Sewer Lot), and the second 822 W. Commercial Street (CalSol Lot) sites is included as Attachment No. 3. Funding for the recommended appropriation is available in the Refuse Fund Reserves for FY 2022-23. Table 1 below summarizes the fiscal impact for the recommended actions:
Table 1
Category
“City Lot Remediation” Project No. 418-2590-XXXXX-71021 Initial Budget
$4,902,083
Appropriate Refuse Fund Reserves
$1,660,000
Revised Budget
$6,562,083
Expenditures/Encumbrances (as of November 30, 2022) ($4,872,829)
EnSafe Agreement
($1,510,000)
DTSC VCA
($98,426)
Remaining balance available for: construction management, contingencies, and inspection costs $80,828
PREVIOUS RELATED ACTION:
Since 2013, City Council has approved numerous agreements, totaling over $4 million, with DTSC and EnSafe for the remediation and monitoring of VOCs at the two City owned sites.
ENVIRONMENTAL IMPACT:
California Environmental Quality Act (CEQA) requirements are to be satisfied as part of the Removal Action Workplan (RAW) approval from the DTSC. Properties which are to enter a mitigation process were previously identified as part of the contract awarded to EnSafe, Inc. by City Council action on October 7, 2013.
DISCUSSION:
In 2013, the City entered into an agreement with the DTSC to complete site cleanup activities at two sites, one located at 198 N. Hamilton Boulevard (Sewer Lot), and the second 822 W. Commercial Street (CalSol Lot). Since that time, the Sewer Lot received all the remediation necessary and no longer requires further action. As it relates to the CalSol Lot, based on the VOC sample results received, the City is required to continue to with the current efforts being put forth for several more years.
Approval of the new agreement with Ensafe will allow the City to continue the remediation at the CalSol Lot. Due to Ensafe’s continued work on this project since 2013, staff received a proposal to address the continued remediation required by DTSC and Air Quality Management District (AQMD). If approved, staff will work with EnSafe to ensure the remediation facilities are being operated as required and to submit all the necessary reporting to DTSC and AQMD.
Additionally, staff is seeking City Manager authorization to execute an amendment to the DTSC Voluntary Cleanup Agreement executed on February 22, 2013, attached herewith as Attachments 3 and 4. If authorization is granted, DTSC will draft the amendment, which shall include the scope and cost identified on the DTSC letter, Attachment 5. Upon receiving the draft agreement amendment staff will seek City Attorney approval prior to execution.
Although the Sewer Lot remediation efforts have been completed, DTSC maintains oversight of the property. This being the case, and the fact that portions of the new Water Resources Department building is currently being constructed on the Sewer Lot, DTSC oversight is required.
Prepared by:
Nichole Horton
Principal Water Resources Engineer
ATTACHMENTS:
Attachment 1 - Resolution No. 2022-213
Attachment 2 - EnSafe Professional Services Agreement
Attachment 3 - DTSC Voluntary Cleanup Agreement (CalSol Lot) Attachment 4 - DTSC Voluntary Cleanup Agreement (Sewer Lot) Attachment 5 – DTSC Letter
Adopt Resolution No. 2022-213 to amend FY 2022-23 CIP Budget and approve EnSafe, Inc. Agreement for the “City Lot Remediation” Project December 19, 2022