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HomeMy WebLinkAbout09/19/97 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM September 19, 1997 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGERShip7 SUBJECT: GENERAL INFORMATION 1. This week, Public Works and Planning staff, along with Councilmember DeMond and Senator Jim Costa, had a conference call with representatives of the CalTrans Rail Program to discuss their negative comments on our draft Project Study Report (PSR) for the Amtrak station. CalTrans has continued to throw up barriers in our efforts to become lead agency on the Amtrak station and expedite the project. Senator Costa was quite helpful in motivating them to better cooperate with us. We are now on a schedule where we should have the Fund Transfer Agreement done by next week, which will officially designate us as lead agency. CalTrans has also agreed to expedite approval of the final PSR and forward it to the CTC by mid-October. We hope to have the initial funding for the project by December. 2. A memo from the City Clerk is attached which advises you of the options available in filling the open position on the Planning Commission due to Matthew Brady's resignation. 3. Enclosed is correspondence from the DTSC which summarizes their review of the draft Remedial Action Plan for the Panorama Burn Dump Site. The final draft is expected to be submitted this week. 4. A report from EDCD is attached on the Chester Avenue Streetscape project. Staff held a pre-construction meeting this week with the two general contractors. Construction will begin next week and completion is anticipated to take about 12 weeks. We have emphasized to the contractors the importance of minimizing disruption to merchants and business in the area. 5. Also enclosed are letters from Moxley International and Medcath, Incorporated thanking staff for the assistance provided to the Bakersfield Heart Hospital project. AT:rs cc: Department Heads Pamela McCarthy, City Clerk Trudy $1ater, Administrative Analyst BAKERSFIELD CITY CLERK'S OFFICE MEMORANDUM September 17, 1997 TO: Alan Tandy, City Manager FROM: Pamela A. McCarthy, City Cle~ SUBJECT: Resignation of Mathew Brady, Planning Commissioner On September 10, 1997 I received a letter of resignation from Planning Commissioner Mathew Brady (copy attached). His resignation was effective immediately. Mr. Brady's term would have expired in April 17, 1998. Usually, upon receipt of a resignation, the Clerk will begin the recruitment process. This process includes preparing a news release announcing the vacancy, accepting applications, and then placing on an agenda for Council action. This process takes approximately two months from start to finish. Currently two regular positions (one being Mr. Brady's) and the alternate position will expire in April, 1998. The process for this recruitment will begin in February, 1998. With only six months remaining on Mr. Brady's term, the Council may wish to consider appointing the alternate Commissioner, Betsy Teeter, to fill this unexpired term, and proceed with the recruitment process as scheduled for April, 1998. If you need additional information, please let me know. :pmc Attachments (1) cc: John Stinson, Assistant City Manager S:kM EMO SkTANDYkRE C RUIT. PC.wpd ~IENKINS, BARNES ~ BRADY ATTORNEYS AT LAW .j. CRAIG JENKINS TELEPHONE MATHEW tel. BRADY BAKERSFIELD. CALIFORNIA g3301 (805) 631-2~99 .JENNIFER A. McGILL ~/[I""' ~,' ..... ~,i J i ti~8'~jenkinslaw.com September 9, 1997 HA.ND DELIVERED ''" '~ Honorable Bob Price, Mayor Members of the City Council CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 RE: RESIGNATION FROM PLANNING CO~ISSION Dear Mayor Price and Me~ers of the City Council: This correspondence will serve to notify you of my decision to ' resign my position as a Planning Commissioner for the City of Bakersfield effective immediately. I have enjoyed my time as a me~er of the Planning Commission and leave the Commission reluctantly after giving the matter careful thought. I do wish to thank the City Council for providing me with the opportunity of sewing the City in this capacity. Very truly yours, Council Members: Irma Carson Patricia J. DeMond Distdbut~to: Patricia M. Smith Mayor Kevin McDermott Randy Rowles Council Jacquie Sullivan C~M~ Mark C. Salvaggio CityAU~ Other By City Clerk Date ¢-/~ ~¢'7 Honorable Bob Price, Mayor September 9, 1997 Page 2 cc: Judy Skousen, City Attorney Stanley Grady, Planning Director Economic and Community Development Department MEMORANDUM September 17, 1997 TO: Jake Wager, Economic Development Director FROM: Donna Barnes, Development Associate ~4~ SUBJECT: Pre-Construction Meetin~ Chester Avenue Streetscape On September 16, 1997 the City held a pre-construction meeting with the two general contractors, Granite for the hardscape and Elite for the landscape/irrigation. Construction is scheduled to start September 22, 1997. The hardscape portion is scheduled to be completed in 70 working days and the landscape portion in 80 working days. Regular working days are Monday through Friday 7:00 a.m. to 4:30 p.m. The contractors can work on the weekend, but this is at their expense. The importance of minimizing disruption to Chester Avenue merchants and businesses was emphasized. Staff asked general contractors and their subs not to obstruct entrance to any business. Pedestrain traffic can be diverted around a work area for safety reasons. Vehicle lane closures are allowed between 8:30 a.m. and 4:30 p.m. One lane in both directions must remain open at all times. However, it was suggested that once motorists realize construction is underway it would be better to use alternate routes. Granite intends to start construction at the north end of the project on September 22. Partnering meetings will be held on Tuesdays at 7:00 a.m. in the Public Works basement conference room. The first meeting is September 30, 1997. Mark Fick is the Public Works Inspector assigned to the project. BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (805) 326-3724 RAUL M. ROJAS, DIRECTOR * CITY ENGINEER September 12, 1997 To: Distribution RE: PANORAMA BURN DUMP PROJECT FILE Attached is a letter form Department of Toxic Substances Control (DTSC) concerning review of the draft RAP. It is quite technical in nature, yet we are providing a copy for your fries. These items were previously provided to us verbally by DTSC and in a revised draft. The final draft should be submitted to DTSC by September 19, 1997. S e~vi ~~rincerelyz Solid Waste Director KB: smp c: Alan Tandy, City Manager Raul Rojas, Public Works Director Judy Skousen, City Attorney Don Anderson, City Real Property Agent William D. Brown, Daley & Heft RECEIVED SE? 1_! 1997 September 9, 1997 Cai~EPA OiT¥ OF B$~K~.RSt-iELD/- Depar~ent of ~. Kevin Barnes Pete ~ikon Toxic Substances Solid Waste Director Governor Consol Depa~ment of Public Works City of Bakersfidd ov ..... "~' ' 10151 Croydon W~ 4101 Tin.un Avenue Secremqfor Suite 3 Sacramento, CA Bakersfield, Califo~a 93309 Environmental Protection 95827-2106 ~W OF ~FT ~MED~L ACTION PLAN: PANO~ BU~ DUMP SITE Dear Mr. Barnes: The Department of Toxic Substances Control (DTSC) has concluded its review of the draft Remedial Action Plan (draft RAP) and Health Risk Assessment (I-IRA) for the Panorama Burn Dump Site submitted by the City of Bakersfield (City) on July 11, 1997. DTSC's review of the draft RAP and HRA generated the following specific comments which must be addressed by the City prior to the document being released for public review and comment. Draft Remedial Action Plan: Specific Comments 1. Page ii: DTSC's address needs to be changed to 10151 Croydon Way, Suite 3, Sacramento, California, 95827-2106. 2. The draft RAP needs to contain an executive summary and a statement of reasons. 3. Throughout the draft RAP, there are inconsistencies as to exactly how many of the homes the City actually owns. Please review, and insure that the document accurately reflects the number of homes presently owned by the City. 4. Section 1, Introduction, Page 1: The first paragraph, second sentence refers to metals as "chemicals of concern." Specify which metals comprise the "chemicals of concern." 5. Section 1, Introduction, Page 1: The second paragraph, first sentence, change the words "remedial action investigation" to remedial action plan. 6. Section 1, Introduction, Page 1' The fifth paragraph, second sentence, change the word "certified" to approved. 7. section 2, 'Site BaCkground, Page 2: FirSt paragraph, third sentence is irrelevant and should be delete& '~ ..... 8. Section 2, Site Background,Page 2: Mention in this paragraph the status of the other five privately-owned homes. Mr. Kevin Barnes. September 9, 1997 Page 2 9. Section 2, Site Background, Page 2: First paragraph, seventh sentence, the word "of" needs to be inserted between the words "many" and "the." 10. Section 5.4, Page 15: The presentation of alternatives 3A and 3B need to be separated. Further discussion of these two alternatives need to be presented on an individual basis. 11. Section 5.4, Page 15: The draf~ RAP discusses the need to place deed restrictions o~ a portion of the homes onsite. The City needs to present in the draft RAP a more detailed discussion of the type of land use controls that will be incorporated into the deed restriction, i.e., excavations below 3 feet. 12. Section 5.4, Page 15: The draf~ RAP states, that in the future the City must be present to oversee any excavation below three feet. Does this mean the City will be responsible for disposal of any of the excavated soil? Please clarify these provisions. · 13. Section 5.5, Page 15: In the first paragraph, the City states a fence will be constructed along the northern property lines. Then, in the subsequent paragraph, the City states that realignment of northern property lines will be considered. There appear to be inconsistencies between these two paragraphs. Please clarify. 14. Section 6.5, Page 17: The first sentence states three additional homes will need to be purchased. Why would three additional homes need to be purchased if remediation is not going to occur on those properties? 15. Section 6.5, Page 18: In the second paragraph, the City states that regulatory concurrence will need to be obtained from the Integrated Waste Management Board and the Regional Water Quality Control Board for placement of excavated soil from the site to the adjacent landfill. The statement needs to be revised to reflect the need for DTSC's concurrence: ~' ~" ~' ~' ' 16. Section 6.6, Page 18: The fourth paragraph, last sentence, change "project certification" to "certificate of completion." 17. Section 7.1, Page 20: The third paragraph, last sentence should be rewritten to state that DTSC will draft the deed restriction and then forward the document to the City for their review and comment. 18. Section 8, Page 22: The schedule for implementation of the response action needs to be revised to reflect delays in reviewing the drat~ RAP. 19. Appendix A, Plates 4,5,7,10,11,16,& 23: Please revise the plates to reflect the agreed upon lead cleanup levels. 20. Appendix B: Please provide a table showing which discrete samples comprised each of the composite samples. drapcom.let Mr. Kevin Barnes September 9, 1997 Page 3 Health Risk Assessment: Specific Comments 1. Section 2.4.1., Page 18, last paragraph: This paragraph summarizes the reasons for believing the concentration of arsenic detected in the soil at this site represents background. A statement should be added to this section addressing the risk that is associated with the background levels measured in this area. 2. Section 2.4.3., Page 19, first paragraph: This states that cadmium was detected in 22 percent of the samples analyzed: This is described as a low frequency of detection. DTSC's does not consider a detection frequency of 22 percent to be low and therefore requests this statement to be removed. See also pages 37 (first paragraph) and 38 (second paragraph). 3. Section 3.2.4., Page 29: This section addresses exposure by inhalation of resuspended dust, and states that "no chemicals of concern were noted in airborne dust..." However, there isno air monitoring data in the document to support this statement. In addition, there is no description of the equation and input parameter values used to convert chemical concentrations in soil to concentrations in air for use in the intake equations. These deficiencies should be corrected. 4. Section 3.3.1., Page 30, last paragraph; and Table 3-2: This paragraph discusses the percentage of the area of each yard which is exposed soil, while Table 3-2 tabulates those percentages with street addresses. The text states that 3608 Panorama contains a large exposed area, whereas this Table indicates that 3708 Panorama contains the large exposed area (72 percent). Please check, clarify or correct. 5. Table 3-1, Page 32: The footnote to this table gives U.S. EPA Region 10 citation for the use of 275 days/year for the typical residential exposure frequency and nine years for the typical residential exposure duration. This is.not an adequate reference, since California is not in Region 10. Please providethe original references used by U.S. EPA Region 10 to support these values. 6. Section 3.3.5., Second paragraph: The subject of this paragraph is the bioavailability of dioxins in the carder used in the studies from which the toxicity criterion was derived compared to the bioavailability of dioxins in soil matrix. None of the studies cited appear in the reference section of this document. Please correct the reference section to include these references. Please provide to the Human and Ecological Risk Division (HERD) for review, a copy of the primary reference, Shu et al (1988), supporting the relative bioavailability factor used in the intake equations. 7. Section 3.4.1.1., Page 45, last sentence; Table 3-4; and Appendix F: As stated in this sentence, the U.S. EPA lead model assumes the indoor dust concentration of lead relative to outdoor soil to be 50 percent, whereas, the Table indicates that the percentage used was 30 percent. Please check, clarify or correct. Table 3-4 indicates that an outdoor lead concentration of 0.1 ug/m3 was used in the DTSC AP.law dmpcom,let Mr. Kevin Barnes September 9, 1997 Page 4 spreadsheet in place of a default value. However, Appendix F, it appears that the outdoor lead concentration value used in the spreadsheet is 0.01 ug/m3. Please check, clari~ and correct. Provide justification for the use of 0.01 ug/m3, such as monitoring data from the air basin. 8. Section 4.2.3.2, Page 60 · This section describes the health impacts of lead. A short discussion should be added to the section summarizing the findings of the California Air Resources Board (CARB) and the Office of Environmental Health Hazard Assessment (OEHHA) that lead is a carcinogen. 9. Section 5.1.3., Page 64, first paragraph; and Table 5-1: This paragraph states that the soil ingestion pathway as the major contributor to the risk. However, nowhere in this document is there a tabulation of the risk posed from each exposure pathway evaluated. Table 5-1 should be revised to include these data. As for the health based cleanup number for lead proposed in the HRA, DTSC is currently involved in discussions both intemally as well as with the Environmental Protection Agency (EPA) to resolve this issue. As you know the lead cleanup number currently proposed in the HRA is higher than numbers previously accepted by DTSC due to an increased dietary concentration value used in DTSC's Leadspread model. DTSC and EPA are reevaluating the dietary concentration value currently used to generate health based cleanup numbers for lead. DTSC anticipates that a decision regarding the application of the revised dietary concentration parameter will be made within the next two weeks. If you should have any questions regarding the above comments, please contact Mr. Adam Palmer, Project Manager, at (916) 255-3669. Sincerely, Megan Cambridge Chief Expedited Remedial Action unit cc: Mr. David Norman Senior Project Manager Kleinfelder 1410 "F" Street Fresno, California 93706-1608 AP .law dmpcom.let