The URL can be used to link to this page

Home My WebLink About2002-10-08 - AGENDA REPORTS - WHITTAKER BERMITE CLEAN UP (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approva : Item to be presented by: Lisa Hardy DATE: October 8, 2002 SUBJECT: ADDITIONAL FUNDS TO CONTINUE THE WHITTAKER-BERMITE CLEAN-UP STRATEGY DEPARTMENT: Planning and Building Services RECOMMENDED ACTION Approve and authorize the transfer of $200,000 from the City Council Contingency Fund, Account No. 2250-7401, to the Planning and Building Service's Administration Professional Services Account No. 3110-8110 to continue the Whittaker-Bermite clean-up strategy development process. BACKGROUND On June 11, 2002, the City Council directed staff to proceed with the development of strategies regarding various aspects of the Whittaker-Bermite property. The City Council established a subcommittee of its members, Mayor Ferry and Councilmember Kellar, to participate with staff and consultants through the process. The City Council acknowledged the need for and directed the subcommittee and staff to acquire specific expertise in legal, perchlorate and unexploded ordnance issues. Cox, Castle, Nicholson, a legal firm with extensive experience in remediation projects, and UXB International, an unexploded ordinance and chemical remediation, have been retained as the City's legal and technical experts to address the Whittaker-Bermite property. In addition, legal counsel from the City Attorney's Office has been assigned to assist and advise regarding potential litigation issues and overall strategy. Since June, City staff, consultants, regulatory agencies and other interested parties have been working to gather information, analyze potential strategies, and meet with parties that have an interest in the Whittaker-Bermite property (e.g. Whittaker/Meggitt Corporation, SCLLC, CLWA, DTSC and others). The process has provided the City Council subcommittee and staff with a higher level of understanding of the issues, the parties involved and likely future scenarios that can be expected to occur. On September 26, 2002, the Whittaker-Bermite strategy team presented its research and findings to the City Council in a Closed Session. In addition, a City Council Study Session was held on October 1, 2002, to allow for an open public discussion of the issues and strategy team findings and recommendations. At these meetings, the City Council provided 9W�aa�--�erprp Agenda Item:. direction to the strategy team to pursue a multi -pronged strategy which includes a series of action items that focus on the clean-up of soil and groundwater (see attached). Additional research, agency coordination, and strategy development is needed to implement the list of action items. ALTERNATIVE ACTIONS 1. Do not appropriate the funds for additional work to be conducted by the City's technical and legal expertise regarding the Whittaker-Bermite Remediation & Reuse project. 2. Other action as determined by the Council. FISCAL IMPACT As part of the FY 02/03 budget process, $100,000 was appropriated for legal and technical expertise assistance related to the Whittaker-Bermite property. Additional funding will be used to retain the legal and technical consultants and continue the effort. There is a current balance of $1,814,456 available in Council Contingency. Approval of this request will leave a remaining balance of $1,614,456. ATTACHMENTS Multi -Pronged Strategy to Address Clean-up of the Whittaker-Bermite Property TLL:LMH S:\pbs\advance\ptabla\October 8 CC Agenda Report.doc PROPOSED MULTI -PRONGED STRATEGY TO ADDRESS CLEAN-UP OF THE WHITTAKER-BERMITE PROPERTY CITY GOALS Long-term Goals • Sitewide clean-up to highest level on expedited schedule • Expedited groundwater clean-up • Ensure transportation infrastructure - roads and Metrolink station Short-term Goals • Sitewide characterization • Remediate perchlorate priority areas ACTION ITEMS 1. Develop comprehensive, Citywide public outreach program • Coordinate with DTSC, CLWA and CAG 2. Conduct tour with DTSC staff and Ed Lowry — October 23, 2002 3. Monitor ACOE projects (groundwater investigation & OE demonstration project) • Council Sub -Committee to conduct tour of project study areas 4. Pursue Federal and state funds for clean-up 5. Continue coordination of broad, multi -jurisdictional stakeholder group • Assemblyman Richman's office • Congressman McKeon's office • City Council Sub -Committee & Staff • CLWA Board Members & Staff • Invite DTSC staff, CAG chairperson, and County senior field deputy to join group 6. Pursue historic insurance opportunities for remediation funding 7. Pursue discussion with lien holders regarding their position on the property • Zurich Insurance • Porta Bella Lender, LLC • Whittaker Corporation 8. Conduct due diligence on Cherokee and/or any new potential property owner/developer of the Whittaker-Bermite site 9. Conduct research on other successful perchlorate clean-up projects & study CLWA's proposed interim groundwater clean-up measure (pump & treat) 10. Pursue legislative support for an expedited action plan for site & groundwater clean-up 11. Consider involving other regulatory agencies in motivating clean-up • RWQCB Industrial Permit enforcement • Federal EPA • Army Corps of Engineers • US Fish & Game • State of California Department of Health Services 12. Continue compliance review process with Porta Bella Development Agreement • Continue October 22, 2002 appeal hearing to November 26, 2002 City Council meeting • Continued operation of Soledad Metrolink station 13. Require Whittaker-Bermite to clean the property to the unrestricted clean-up standard • Monitor DTSC's actions with regard to the Enforceable Agreement to ensure unrestricted clean-up standard • Seek access to draft EA amendments • Add City deal points to the EA amendments - Sitewide characterization - Remediate perchlorate priority areas 14. Monitor CLWA lawsuit against SCLLC and Whittaker LMH S:\pbs\advance\ptabla\proposed strategies.doc