HomeMy WebLinkAbout06.A- Public Works 6.A
RESOLUTION (ID # 3761) DOC ID: 3761 D
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Public Hearing
From: Tony Frossard M/CC Meeting Date: 05/04/2015
Prepared by: Ryan Sandoval, (909) 384-
5140
Dept: Public Works Ward(s): 1
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Finding
and Determining that the Public Interest and Necessity Require the Acquisition of a
Portion of Certain Real Property Located at 974 Home Avenue, San Bernardino, CA, for
the Water Department Relative to the EPA 109S Shallow Well, in San Bernardino, CA.
(#3761)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Water Department staff anticipated this project during the current fiscal year (FY 2013-
14) and budgeted the project in the Water Fund Capital Improvement Budget titled
Muscoy— EPA#109 Shallow Well. The project funding for this project is $155,000 to be
paid for by Water Department. Therefore, sufficient funds are available for the purchase
of the property.
Mayor to open the hearing. . .
Motion: Close the hearing; and adopt the Resolution.
Synopsis of Previous Council Action:
10/21/2013 Resolution No. 2013-299 was adopted, authorizing the Mayor to execute
an agreement relative to the purchase of tax-defaulted property from the
County of San Bernardino Tax Collector, to be designated for Water
Department use, located on 974 Home Avenue, known as Assessor's
Parcel No. 0144-221-27-0000, in the City of San Bernardino.
12/16/2013 Resolution No. 2013-353 was adopted, amending Resolution No. 299,
Section 3, to allow authorization to execute the agreement up to eight (8)
months after the date of the adoption of the resolution before being
rescinded.
Background:
The San Bernardino Municipal Water Department (SBMWD) owns EPA Well No. 109
(EPA Well) located at 980 West Home Avenue and has been operating the well since
2005 as part of the Newmark Groundwater Contamination EPA Superfund Site. The
parcel and structure east and adjacent to the EPA Well parcel, 974 Home Avenue (APN
0144-221-27), has been abandoned for many years and is frequently vandalized, is in
0 substandard condition and frequented by squatters. SBMWD staff visits the EPA Well
Updated: 4/30/2015 by Georgeann "Gigi" Hanna D I Packet Pg. 533
6.A
3761
site two to three times per day and this type of activity adjacent to the site is a safety
and security concern.
Furthermore, the SBMWD staff and their consultant, Stantec, are considering the
installation of a shallow well adjacent to EPA Well in an effort to improve contaminant
capture performance in the shallow aquifer of the Muscoy Operational Unit (OU). Since
the current EPA Well parcel is too small to accommodate a new well and associated
well development equipment, SBMWD staff is proposing the purchase of the above-
mentioned abandoned parcel adjacent to EPA Well. This would allow the SBMWD to
construct and develop the new shallow well (to be named EPA Well 109S), while
simultaneously eliminating the safety and security concern currently present. Shallow
well EPA 109S has been required as mandatory remediation measures by the lead
regulatory oversight agency, State of California Department of Toxic Substance Control
(DTSC) and the secondary oversight agency, EPA. Implementation of the mitigation
measures were subsequently received from both DTSC and EPA in February 2014.
Since 2012, SBMWD staff has made numerous attempts to purchase the parcel at 974
Home Avenue. SBMVVD's broker determined that a Ms. Margaret M. Leon was the legal
owner of record based on County tax rolls. The property tax bills were being mailed to
1195 Dover Street in San Bernardino to the attention of Ronald Leon. Additional
research determined that Ms. Leon passed away in 2008. The property tax records at
that time showed 5 years of unpaid property taxes. Three letters of interest to purchase
the property were sent to the Dover address at different times, but all returned
undelivered.
In 2013, the broker was put on notice that the County of San Bernardino (County) had
declared this parcel as tax-defaulted and was subject to the power of sale by the tax
collector. The County had subsequently agreed to a tax default sale to the SBMWD
and prepared an Agreement to Purchase Tax-Defaulted Property for APN 0144-221-27,
pursuant to Division 1, Part 6, Chapter 8 of the Revenue and Taxation Code and
Resolution No. 2013-299 was adopted authorizing the execution of the agreement.
However; in the spring of 2014, the SBMWD was notified that the tax default had been
cured and the Chapter 8 sale to the SBMWD was cancelled. The party responsible for
payment of the back property taxes has not been disclosed to the SBMWD.
As a result of the multiple-year effort to purchase the property without success, SBMWD
staff agreed to pursue the property through condemnation and retained the legal
counsel of Redwine and Sherrill.
All reasonable attempts have been undertaken to notify the owner of record, and her
son, to purchase the property. All attempts have failed and thus, on March 3, 2015, at
the regular meeting of the Board of Water Commissioners (staff report attached), it was
unanimously voted to recommend moving forward with a public hearing and adoption of
a resolution of necessity by the Mayor and Common Council in accordance with the
provisions of the laws of the State of California with reference to condemnation
procedures. Furthermore, although not statutorily required, SBMWD staff provided
public notice of the public hearing and proposed adoption of a resolution of necessity by
Updated: 4/30/2015 by Georgeann "Gigi" Hanna D I Packet Pg. 534
6.A
3761
the Mayor and Common Council in local newspapers on two different occasions in April
2015.
The purpose of this hearing is to consider the adoption of the resolution of necessity
and not the compensation amount, which will be considered during the condemnation
proceedings
City Attorney Review:
Supporting Documents:
Resolution of Necessity (DOC)
RCA Attachment - Plat (PDF)
SBMWD Board Agenda - Staff Report (PDF)
Updated: 4/30/2015 by Georgeann "Gigi" Hanna D Packet Pg. 535
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1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST
4 AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL
PROPERTY LOCATED AT 974 HOME AVENUE, SAN BERNARDINO, CA, FOR THE
5 WATER DEPARTMENT RELATIVE TO THE EPA 109S SHALLOW WELL, IN SAN
BERNARDINO, CA. >
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY o
7 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council held a Public Hearing on May 4, 2015,
9 for the purpose of allowing the property owner a reasonable opportunity to appear and be heard on
10 the following matters: z
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11 a. Whether the public interest and necessity require the project;
12 b. Whether the project is planned or located in the manner that will be most N
13 compatible with the greatest public good and the least private injury; and a.
14 c. Whether the property sought to be acquired is necessary for the project.
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15 SECTION 2. The Mayor and Common Council of the City of San Bernardino, as a result M
16 of the above Public Hearing, determined that the public health, safety and welfare requires the o
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17 acquisition by the City of a portion of that certain parcel of real property, more particularly
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18 described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit
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19 "B", attached and incorporated by reference, for water supply purposes, a public purpose. The
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20 acquisition is authorized by Section 19 of Article 1 of the California Constitution; Sections 1, 40, -
and 240 of the City Charter; Section 37350.5 of the California Government Code; and Sections o
21
1240.010 through 1240.050 of the California Code of Civil Procedure. 0
22 �
SECTION 3. Written notice was not given to the owner of the property listed in Section 2
23 m
of this Resolution because the owner could not be located with reasonable diligence. Prior E
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attempts to send notices to the owner at the mailing address shown on the last equalized county Q
25
assessment roll were returned by the postal service. Multiple attempts were made to locate the
26
owner,but were unsuccessful. Notice of the Public Hearing regarding the Resolution of Necessity
27 was published in the San Bernardino County Sun, Black Voice, El Chicano, and Precinct Reporter
28 once a week for two successive weeks preceding the hearing.
1 OF 6
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1 SECTION 4. The Mayor and Common Council of the City of San Bernardino hereby find
2 and determine and declare that: (a) the public interest and necessity requires the proposed project
3 and the acquisition by the City of San Bernardino of a fee simple interest for public water supply
4 purposes and all appurtenant uses; (b) the location of the proposed project is planned or located in
5 the manner that will be most compatible with the greatest public good and the least private injury;
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6 (c) the property and the taking of the interest in the property as above described, is necessary for
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7 the proposed project; and (d) offers required by Section 7267.2 of the Government Code to the =°
8 owners of record were attempted with reasonable diligence. rn
9 SECTION 5. The Mayor and Common Council of the City of San Bernardino do hereby N
declare that it is the intention of the City to acquire this property in its name in accordance with
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the provisions of the laws of the State of California with reference to condemnation procedures. o
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12 SECTION 6. The property is located in the City of San Bernardino, County of San
13 Bernardino, State of California, and is particularly described and depicted in said Exhibits "A"and
«B,1
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15 SECTION 7. Special Legal Counsel Redwine and Sherrill ("Counsel") is hereby
16 authorized and directed to prepare, institute and prosecute, in the name of the City, such c
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17 proceedings, in the court having proper jurisdiction, as may be necessary for the acquisition of a 5
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18 portion of this property. Counsel is also authorized and directed to make a deposit with the court >,
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19 of the sum determined to be just compensation for said property and to request and obtain a
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2 0 necessary court order granting the City the right of immediate possession and occupancy of the o
property. Counsel is also authorized to take any action necessary or appropriate to acquire any c
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temporary right of access to the property which may be necessary for construction of any planned N
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improvements.
23
24 SECTION 8. The City Clerk shall certify to the adoption of this Resolution. E
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Packet Pg.537;
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST
2 AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL
3 PROPERTY LOCATED AT 974 HOME AVENUE, SAN BERNARDINO, CA, FOR THE
WATER DEPARTMENT RELATIVE TO THE EPA 109S SHALLOW WELL, IN SAN
4 BERNARDINO, CA.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof E
7 held on the day of , 2015,by the following vote, to-wit: x°
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19 Georgeann Hanna, City Clerk z
20 The foregoing resolution is hereby approved this day of 12015. o
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R. CAREY DAVIS, Mayor
23 City of San Bernardino
24 Approved as to form:
GARY D. SAENZ, City Attorney r
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1 EXHIBIT "A"
2 Legal Description
3
4 THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
5 LOT 20, BLOCK "A", CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN Q
6 BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN y
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. E
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ASSESSOR'S PARCEL NUMBER:0144-221-27-0000
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CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
BOARD OF WATER COMMISSIONERS
STAFF REPORT
TO: Stacey R.Aldstadt, General Manager
FROM: Matthew H. Litchfield,Director of Water Utility
SUBJECT: ADOPTION OF RESOLUTION OF NECESSITY FOR 974 HOME
AVENUE, SAN BERNARDINO, CALIFORNIA - EPA SHALLOW WELL
109S (CO 10690)
DATE: March 3,2015
COPIES: Greg Gage (w/o attach),Sally Duran (w/attach)
BACKGROUND:
The EPA Shallow Wells 109S and 112S are budgeted Capital Improvement Projects (CIP) in Fiscal
Year 2014/2015,and are designed to address shallow and intermediate aquifer production
deficiencies and contaminant capture performance deficiencies associated with the Muscoy Operable
Unit (OU). The Muscoy OU Interim Remedial Action (IRA) is being operated by San Bernardino
Municipal Water Department (SBMWD) per the terms of a Consent Decree (CD) between the
United States Environmental Protection Agency (EPA), California Department of Toxic Substances
Control (DTSC) and SBMWD. The well locations are shown in Exhibit A and B attached. As
stated in the Muscoy Plume Record of Decision (ROD) (EPA, 1995) the specific objectives for the
Muscoy OU IRA are:
• "To inhibit migration of groundwater contamination into clean portions of the aquifer";
• "To protect downgradient municipal wells south and southwest of the Shandin Hills";and,
• "To begin to remove contaminants from the groundwater plume for eventual restoration of the
aquifer to beneficial uses (this is a long-term project objective rather than an immediate objective
of the interim action)".
Since startup of the pump and treat operation in 2005, the extraction rates in both EPA Wells 109
and 112 have declined,most notably in the shallow and intermediate aquifer,where a majority of the
PCE and TCE contamination exits. The percentage of production has reduced from 63% and 22%
in the shallow and intermediate aquifers to 28%and 16%,respectively between 2005 and 2013. As a
result, SBMWD's consultant, Stantec, prepared the Muscoy Plume Extraction Well Network Status
Report and Mitigation Plan. The mitigation plan is in excess of 450 pages and is available upon
request. The proposed mitigation measures are the construction and development of two (2) new
shallow extraction wells adjacent to the existing EPA 112 and EPA 109 well sites.
Agenda Item
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Staccy R.Aldstadt, Ccncral Managcr
Page 2
March 3,2015
SUBJECT: ADOPTION OF RESOLUTION OF NECESSITY FOR 974 HOME
AVENUE, SAN BERNARDINO, CALIFORNIA - EPA SHALLOW WELL
109S (CO 10690)
PUBLIC NECESSITY•
As a result of the findings,both shallow wells EPA 109S and 112S have been required as mandatory
remediation measures by the lead regulatory oversight agency, DTSC and the secondary oversight
agency, EPA. Implementation of the mitigation measures were subsequently received from both
DTSC and EPA in February 2014 and are attached as Exhibit C.
Due to current site limitations at the EPA Well 109 site (980 Home Avenue), EPA Well 109S and
associated facilities are proposed to be constructed on parcel known as APN 0144-221-27, or 974
Home Avenue, immediately adjacent to existing EPA Well 109 site. The current well site at 980
Home Avenue is not large enough to properly contain the necessary well drilling and development
equipment without impacting adjacent private residences. The parcel adjoining the current well site
contains a dilapidated house,has been vacant for years and has a history of code violations.
ATTEMPTS TO PURCHASE 974 HOME AVENUE:
Since 2012, Department staff has made numerous attempts to purchase the parcel at 974 Home
Avenue. SBMWD's broker determined that a Ms. Margaret M. Leon was the legal owner of record
based on County tax rolls and the property tax bills were being mailed to 1195 Dover Street in San
Bernardino to the attention of Ronald Leon. Additional research determined that Ms. Leon passed
away in 2008. The property tax records at that time showed 5 years of unpaid property taxes. Three
letters of interest to purchase the property were sent to the Dover address at different times, but all
returned undelivered.
The SBMWD was informed by its broker that the County was in the process of pursuing a Chapter
Tax Default Sale on the property in the fall 2013. The SBMWD pursued a Chapter 8 Tax Sale
Agreement with the County and State. The Board of Supervisors approved the Agreement with the
State approval pending. However, in the spring of 2014, the SBMWD was notified that the tax
default had been cured and the Chapter 8 sale to the SBMWD cancelled. The party responsible for
payment of the back property taxes has not been disclosed to the SBMWD.
As a result of the multiple-year effort to purchase the property without success, SBMWD staff
agreed to pursue the property through condemnation and retained the legal counsel of Redwine and
Sherrill.
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Stacey R. Aldstadt, General Manager
to
Page 3 a.
March 3, 2015
SUBJECT: ADOPTION OF RESOLUTION OF NECESSITY FOR 974 HOME
AVENUE, SAN BERNARDINO, CALIFORNIA - EPA SHALLOW WELL
109S (CO 10690)
CEQA AND APPRAISAL STATUS:
Staff declared the EPA 1095 Project as Categorically Exempt as outlined in Section 15301 of the
CEQA Guidelines in February 2015 and is in the process of filing the exemption with the State
Clearinghouse. A copy of the filing is attached as Exhibit D. The appraisal is attached as Exhibit
E.
NEXT STEPS:
All reasonable attempts have been undertaken to notify the owner of record to purchase the
property. All attempts have failed and thus, staff is recommending moving forward with a public
hearing and adoption of a resolution of necessity by the Mayor and Common Council (MCC) in
accordance with the provisions of the laws of the State of California with reference to condemnation
procedures
RECOMMENDATION:
l Staff recommends that the BOWL consider the following motion:
Approve the Adoption of a Resolution of Necessity for 974 Home Avenue, EPA
Shallow Wells 109S, and authorize the Secretary to forward to the City of San
Bernardino Real Property Section for placement on a future Mayor and
Common Council Agenda for public hearing.
Respectfully submitted,
Matthew H. 'tch£ield,P.E.
Director,Water Utility
MHL:swd
Attach.
WA3010 WU Administration\Board Memos\Staff Report EPA Shallow Well 1090 Reso of Necessity 2-20-15.doc
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1 RESOLUTION NO.
0
2 0
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING
3 THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A
PORTION OF CERTAIN REAL PROPERTY LOCATED AT 974 HOME AVENUE, SAN
4 BERNARDINO, CA, RELATIVE TO THE EPA 1095 SHALLOW WELL, IN SAN
5 BERNARDINO, CA.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
7
8 SECTION 1. That the Mayor and Common Council held a hearing for the purpose of
9 allowing the owner a reasonable opportunity to appear and be heard on the following matters:
10 a. Whether the public interest and necessity require the project;
11 b. Whether the project is planned or located in the manner that will be most
12 compatible with the greatest public good and the least private injury; and
13 c. Whether the property sought to be acquired is necessary for the project.
14 SECTION 2. The Mayor and Common Council of the City of San Bernardino, as a result
15 of the above Hearing, determined that the public health, safety and welfare requires the acquisition
16 by the City of a portion of that certain parcel of real property, more particularly described in
17 Exhibit"A", and depicted in relation to the proposed project by the map in Exhibit"B", attached
and incorporated by reference, for water supply purposes, a public purpose. The acquisition is
18
authorized by Section 19 of Article 1 of the California Constitution; Sections 1, 40, and 240 of the
19
City Charter; Section 37350.5 of the California Government Code; and Sections 1240.010 through
20
1240.050 of the California Code of Civil Procedure.
21
SECTION 3. Written notice was not given to the owner of the property listed in Section 3
22
of this Resolution because the owner could not be located with reasonable diligence. Prior
23 attempts to send notices to the owner at the mailing address shown on the last equalized county
24 assessment roll were returned by the postal service. Multiple attempts were made to locate the
25 owner, but were unsuccessful. Notice of the hearing regarding the Resolution of Necessity was
26 published in the San Bernardino County Sun, Black Voice, El Chicano, and Precinct Reporter
27 once a week for two successive weeks preceding the hearing.
28
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1 SECTION 4. The Mayor and Common Council of the City of San Bernardino hereby find
0
2 and determine and declare that: (a)the public interest and necessity requires the proposed project a
3 and the acquisition by the City of San Bernardino of a fee simple interest for public water supply
4 purposes and all appurtenant uses; (b)the location of the proposed project is planned or located in
5 the manner that will be most compatible with the greatest public good and the least private injury;
6 (c)the property and the taking of the interest in the property as above described, is necessary for
7 the proposed project; and (d) offers required by Section 7267.2 of the Government Code to the
8 owners of record were attempted with reasonable diligence.
g SECTION 5. The Mayor and Common Council of the City of San Bernardino do hereby
10 declare that it is the intention of the City to acquire this property in its name in accordance with
11 the provisions of the laws of the State of California with reference to condemnation procedures.
12 SECTION 6. The property is located in the City of San Bernardino, County of San
13 Bernardino, State of California, and is particularly described and depicted in said Exhibits "A"and
«B,
14
15 SECTION 7. Special Counsel Redwine and Sherrill ("Counsel') is hereby authorized and
16 directed to prepare, institute and prosecute, in the name of the City, such proceedings, in the court
17 having proper jurisdiction, as may be necessary for the acquisition of a portion of this property.
18 Counsel is also authorized and directed to make a deposit with the court of the sum determined to
19 be just compensation for said property and to request and obtain a necessary court order granting
20 the City the right of immediate possession and occupancy of the property. Counsel is also
21 authorized to take any action necessary or appropriate to acquire any temporary right of access to
22 the property which may be necessary for construction of any planned improvements.
23 SECTION S. The City Clerk shall certify to the adoption of this Resolution.
24 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
25 Common Council of the City of San Bernardino at a meeting thereof
26 held on the day of _ �, 20 , by the following vote,
27 to-wit:
28
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1 Council Members: AYES NAYS ABSTAIN ABSENT
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2 MARQUEZ a
3 BARRIOS
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VALDIVIA
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SHORETT
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7 NICKEL
8 VAN JOHNSON _.
9 MULVIHILL
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City Clerk
12
The foregoing resolution is hereby approved this day of , 20
13
14
15 CAREY DAVIS, Mayor
City of San Bernardino
16 Approved as to form
and legal content:
17
18 GARY D. SAENZ, City Attorney
19 By:
20
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EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
LOT 20, BLOCK "A",CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO,STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS,IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
ASSESSOR'S PARCEL NUMBER: 0144-221-27-0-000
CLTA Preliminary Report Form—Modified(11-17-06)
Page 3
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Department of Toxic Substances Control a
Deborah O.Raphael,Director Edmund G.Brown Jr.
McMew Rodriquez 5796 Corporate Avenue Governor
Secretary for Cypress,California 90630
Environmental Protection
February 18, 2014
City of San Bernardino
Municipal Water Department
Attn: Matthew H. Litchfield, P.E.
P.O. Box 710
San Bernardino, CA 92402
RE: MITIGATION MEASURES FOR ENHANCING MUSCOY OPERABLE UNIT
SHALLOW AQUIFER CAPTURE
Dear Mr. Litchfield,
The Department of Toxic Substances Control (DISC) has prepared this letter in
response to the San Bernardino Municipal Water Department's (SBMWD) November
12, 2013 presentation regarding the status of the Muscoy extraction well operations and
testing. According to the data presented that indicated an overall decline in shallow
aquifer production from extraction wells EPA 109, EPA 1.10, EPA 111, and EPA 112. A
combination of spinner testing and zone sampling was used to evaluate the current
production profile of each extraction wells and their associated PCE concentrations, A
comparison to previous spinner testing results indicated that shallow aquifer production
had decreased 68 percent between the April 2006 and March 2012 tests.
Data was also presented that indicates there is a lack of reliable water level data
available to support capture zone analysis of the shallow aquifer in the Muscoy
Operable Unit. It is our understanding that discrete shallow aquifer water levels are not
collectable at the EPA 109 and EPA 112 well locations and that the methods to estimate
water levels at these locations have become less reliable with time. The decline in
production from the shallow aquifer coupled with the identified uncertainties in the
monthly capture zone analysis are concerning with respect to performance of the
Muscoy OU IRA.
We understand that SBMWD has implemented initial measures to enhance shallow
aquifer production and associated capture performance. These steps include the
installation of packers in EPA 110 and EPA 111 to isolate production to the shallow and
intermediate aquifer. We understand these steps have been successful in increasing
shallow aquifer production. However, additional increases in shallow aquifer production
are needed to reach levels achieved when the Interim Remedial Action (IRA) was
determined by United States Environmental Protection Agency (EPA) to be operational
and functional in September 2007.
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February 18, 2014
Page 2
During our November 12, 2013 meeting, SBMWD outlined a potential mitigation
measures that could be readily taken to further increase shallow aquifer production and
enhance the reliability of the shallow aquifer capture analysis. The mitigation measures
would include the installation of two additional extraction wells, co-located at the EPA
109 and EPA 112 well sites. The wells would be completed solely in the shallow aquifer
to better target production from these intervals. Packers would be installed in the
existing extraction wells to restrict production to the deeper intervals. Based on your
November 12, 2013 presentation, the addition of the two co-located wells is estimated
to increase shallow aquifer production by approximately 800 gpm, Also, by reviewing
semi-annual performance reports submitted by the SBMWD, this measure would return
the combined shallow aquifer production of the extraction well network to levels similar
to what was being achieved when the EPA determined the IRA system was O&F in
2007.
We understand the mitigation measures would also include the installation of shallow
aquifer and intermediate zone piezometers approximately 25 feet away from the
extraction wells to collect aquifer speck water levels similar to the current
configurations in place at the EPA 110 and EPA 111 well sites. This measure is
intended to address the identified uncertainties with respect to shallow aquifer capture
performance.
DTSG views the mitigation measures discussed above as reasonable and essential to
the performance of the Muscoy OU Interim Remedial Action (IRA). We recommend
SBMWD to proceed with implementation. As Lead Oversight Agency, DTSG will work
with EPA to modify the Statement of Work (SOW) for inclusion of the new extraction
wells and piezometers. The modification of the SOW can be accomplished with a brief
addendum.
Please submit a report that includes summary of the results of the testing you have
performed to date, a summary of the completed modifications to existing extraction well
operations, and a detailed description of the proposed mitigation measures. This report
can act as the mitigation plan contemplated under the terms of the SOW for these types
of actions.
If you have any questions regarding this letter, please contact me at(714) 4845458.
Sincerely,
Stephen Niou, P.E.
Brownfields and Environmental Restoration Program
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} y UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX a
i ? 75 Hawthorne Street
� ogo4cta San Francisco,CA 94105
February 19,2014
City of San Bernardino
Municipal Water Department
c/o Matthew H. Litchfield,A.E.
P.O. Box 710
San Bernardino, CA 92402
RE: IMPLEMENTAION OF OPTIMIZATION MEASURES, INTERIM REMEDIAL
ACTION, MUSCOY OPERABLE UNIT — NEWMARK GROUNDWATER
CONTAMINATION SUPERFUND SITE
Dear Mr. Litchfield,
The U.S. Environmental Protection Agency (EPA) concurs with SBMWD's adopted
measures for optimizing flow rates in the existing Muscoy OU extraction wells, including its
proposal for the installation of two new extraction wells to enhance groundwater plume capture,
and acquisition of the adjacent property to install the new wells and accompanying infrastructure,
EPA finds the proposal in agreement with the purpose and intent of the 1995 interim Record of
Decision for the Muscoy Operable Unit (OU). Background and our anticipated next steps
regarding this proposal are provided briefly below.
Muscoy Interim remedial Action (IRA) OU Optimization
During a November 4, 2013 conference call, SBMWD briefed EPA on the state of
operations at the 19th Street Treatment Plant and the declining production rates of shallow
aquifer production in several of its aquifer extraction wells including EPA 109, EPA 110, EPA
111, and EPA 112. The data SBMWD staff presented indicated that between April 2006 and
March 2012 shallow aquifer production in these wells had decreased by approximately 68
percent.
As an initial response for this loss of shallow aquifer production, SBMWD installed well
packers in EPA 110 and EPA 111 between intermediate and deep aquifer at depths of
approximately 700 feet below ground surface (bgs), to isolate groundwater extraction to the
shallow and intermediate portions of the aquifer system in this area.
New pumps were installed to accommodate the lower extraction rates associated with
limiting production to the extraction well upper screen intervals. We understand that the pumps
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installed in EPA 110 and EPA I I I are operating as planned. Although shallow and intermediate:
aquifer production has been improved with these modifications,water level analysis presented netw in o.
the monthly progress reports indicate that the current Muscoy OU extraction well network
configuration is likely not capable o#'sustaining adequate capture in a manncr consistent with the
performance criteria established in the Statement of Work(SOW).
Proposul for New Wells and Property Acquisition
To improve groundwater capture in this area, SBMWD discussed its proposal to install
two new shallow aquifer extraction wells, EPA 1095 and EPA 1125, adjacent to existing
extraction wells EPA 109 and EPA 112,respectively, EPA understands that due to the small lot
size at the EPA 109 location, installation of EPA 1095 will require the acquisition of the adjacent
parcel and the demolition of an existing house in order to install the new well and accompanying
infrastructure. Further, SBMWD is in the process of acquiring this parcel with the intention of
demolishing the existing house and installing fencing. We also understand the existing EPA 109
fagade house-Neill be used to house electronic equipment and landscaping will be added to give
the appearance of one property.
Next Steps
EPA supports SBMWD request for settlement Binds to embark upon the capital
improvements outlined in this letter. EPA will work with DTSC to prepare an addendum to the
Statement of Work to formalize the inclusion of the two new extraction wells into the Muscoy
OU IRA system. The addendum will be in letter format similar to the September 28,2007 Final
Operational & Functional Determination for the Muscoy OU, which modified the SOW
performance criteria.
For further questions about the contents of this letter or the Newmark Groundwater
Super-fund Site,please contact me by phone 415.972.3078 or email (fawaz.mariam @epa.gov).
Sincerely,
Mariam Fawaz
Remedial Project Manager
Superfund Division
cc: Richard H.iett, EPA Section Chief
Thelma Estrada, EPA Site Attorney
Stephen Niou, DTSC Project Manager
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EXHIBIT D
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CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
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NOTICE OF EXEMPTION
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DATE NOTICE PREPARED: February 2, 2015 DATE NOTICE FILED:
FROM: CITY OF SAN BERNARDINO TO: ® OFFICE OF PLANNING AND
RESEARCH
Municipal Water Department 1400 Tenth Street, Room 121
397 Chandler Place Sacramento, CA 95814
San Bernardino, CA 92408
COUNTY CLERK
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino,CA 92415
FILE FOLLOWING PROJECT APPROVAL
SUBJECT: Notice of Exemption from CEQA
Project Title: Muscoy Plume Extraction Well Network—Proposed EPA Wells 109S and 112S
Project Location-Specific:
A new EPA Well 109S is proposed to be part of the existing Muscoy Plume Extraction Well Network and would
be located at 974 Home Avenue in the City of San Bernardino (APN 0144221-27). The site is located
immediately adjacent to the existing site of EPA Well 109(980 Home Avenue, APN 0144-221-28). The attached
figures show the project location and surrounding properties.
A new EPA Well 112S is proposed to be part of the well network and would be located at 1580 Virginia Street in
the City of San Bernardino, the site of existing well EPA 112. The new well would be constructed within the
boundaries of the same parcel occupied by the existing well. The property is described as APN: 0143-132-20.
The attached figures show the site location and surrounding properties.
Project Location —City/County: City of San Bernardino, County of San Bernardino
Project Description:
EPA Well 1095
EPA Well 109S is proposed to be constructed on developed property that is adjacent to a parcel which is occupied
by existing EPA Well 109. Due to site limitations, the proposed well cannot be co-located on the same parcel of
EPA Well 109. The San Bernardino Municipal Water Department is in the process of acquiring APN 0144-221-
27; following acquisition, a lot tine adjustment will be recorded so that both wells are on the same legal parcel.
Construction of EPA Well 1095 is needed to address shallow aquifer production deficiencies and water level
monitoring deficiencies associated with operation of the Muscoy Plume Extraction Well Network. Additionally,
co-located shallow aquifer and intermediate zone piezometer clusters would be installed at the site to allow more
accurate estimation of the cone of depression created by operation of the wells. The total water production of the
two wells will be in accordance with the EPA Plan for the Muscoy Plume Extraction Well Network and will not
exceed historical aquifer extraction levels. The wells will operate as necessary to meet water production criteria
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and at times may operate concurrently a-
Expansion of the existing water facility would include: demolition and removal of the existing structures on APN
0144-221-27, disconnection of existing utility services, construction of new block walls connecting to and
matching those on APN 0144-221-28, and construction of frontage wrought iron fence and gate to match those on
APN 0144-221-28. EPA Well 109S is proposed to be drilled in the shallow aquifer to a depth of approximately
520 feet below ground surface. An extraction rate of approximately 600 gpm is anticipated. A piezometer well
cluster would be installed between the existing and new wells. Groundwater samples would be collected from
each piezometer on a semi-annual basis to monitor the vertical distribution of volatile organic compounds in the
shallow aquifer and intermediate zone. The piezometer borehole diameter would be 17.5 inches; its depth is
anticipated to be at least 600 feet below ground surface. The depth and screen intervals would ultimately be
determined based on observed lithology, and geophysical logs collected during drilling. All equipment needed for
construction of the well would be temporarily staged and stored on-site.
New electrical utilities to service EPA Well 109S will be installed; at a minimum, new utilities will include: a
new transformer, incoming and metering sections, and new motor control centers. Additionally, appurtenant
structures will be constructed to connect the new well to the water system; this would include trenching and
bedding of new production piping on-site and flush piping to the existing transmission pipe. The production line
would be routed off the site to the existing production line on Home Avenue; approximately 100 lineal-feet of
additional production line would be constructed in the public right-of-way. The existing flushing transmission line
is currently installed to the intersection of Perris Street, now flushing transmission lines will be extended from
wells EPA Well 109 and EPA Well 109S to Home Avenue and west to Perris Street, Approximately 465 lineal-
feet of flushing transmission pipeline will be trenched and bedded in the public right-of-way. Standard BMPs
would be implemented as required by the City in the encroachment permit.
EPA Well 112S
Well EPA 1125 is proposed to be co-located On Property occupied by existing EPA Well 112 in order to address
shallow aquifer production deficiencies and water level monitoring deficiencies associated with operation of the
Muscoy Plume Extraction Well Net-work. Additionally, co-located shallow aquifer and intermediate zone
piezometer clusters would be installed at the well locations to allow more accurate estimation of the cone of
depression created by operation of the wells. Combined production of EPA Well 112 and 1125 will be in
accordance with the EPA Plan for the Muscoy Plume Extraction Well Network and will not exceed historical
aquifer extraction levels.
EPA Well 1125, would be installed adjacent to existing EPA Well 112 on the same parcel {APN 0143-132-20).
EPA Well 112S would be drilled within the shallow aquifer to a depth of approximately 590 feet. Long-term
extraction rates of approximately 500-600 gpm are anticipated. A piezometer well cluster would be installed
between the existing and new well. Water level data would be used to aid future flowline capture analysis. The
piezometer borehole diameter would be 17.5 inches and drilled to a depth of at least 600 feet below ground
surface; the depth and screen intervals would ultimately be determined based on observed lithology and
geophysical logs collected during drilling. New electrical services, separate from EPA Well 112, will be installed
for EPA Well 1125. Electrical utilities will be installed as necessary, and at a minimum will include: a new
transformer, incoming and metering sections, and new motor control centers. Additionally, appurtenant structures
will be constructed to connect the new well to the water system; this would include trenching and bedding of new
production piping and flush piping to the existing transmission piping. The new production and flushing lines will
be routed within the existing driveway adjacent to the existing well piping and connected to the existing production
and flushing transmission pipelines in Virginia Street. Approximately 30 lineal-feet of production pipeline and 11
lineal-feet of flushing pipeline would be constructed in the public right-of-way.
During construction, a tank and equipment shelter would be temporarily staged on the street adjacent to the
property and next to the curb. The tank and equipment shelter would occupy approximately the same space as two
vehicles parked along the curb and would not impact public access or pose a hazard. Standard traffic control
BMPs would be implemented as required by the City in the encroachment permits.
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Project Proponent: City of San Bernardino Municipal Water Department
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Exempt Status: Categorical Exemption under CCR Title 14, Division 6, Chapter 3, Section 15301: Existing
Facilities
(b)existing facility of both investor and publicly owned utilities used to provide electric power, natural
gas, sewerage, or other public utility services;
(e)Addition of less than 10,000 square feet to existing structures to allow development in accordance
with the General Plan and not in an environmentally sensitive area.
Justification for Exemption: The project is the expansion of an existing groundwater treatment program by
construction of two new shallow extraction wells. The proposed wells would be located on properties that are
currently developed parcels within an urban environment. The proposed wells are necessary to address
deficiencies in the shallow aquifer production and water level monitoring within the well network installed to
provide treatment of contaminated groundwater identified as the Muscoy Plume. The existing EPA Well 109 will
continue to operate in the intermediate and deep aquifers. Production will be in accordance with the EPA Plan for
the Muscoy plume Extraction Well Network and will not exceed historical aquifer extraction levels.
Implementation of the project would not result in significant effects to habitat or special status species;
additionally, the project would not result in significant effects relating to traffic, noise, air quality or water
quality.
Contact Person: Francisco Lopez-Jimenez-Associate Engineer Telephone: 904-522-3445
Lead Agency Representative Authorization:
Lead Agency Representative: Stacey Aldstadt-General Manager Telephone: 909-384-5091
Signature 41 gate
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