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Resolution No. 75161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF ENCROACHMENT LICENSE AGREEMENT NO. 392 BY AND BETWEEN THE CITY OF VERNON AND VERNON SANITATION SUPPLY COMPANY WHEREAS, Vernon Sanitation Supply Company ("Vernon Sanitation") has filed an application for an encroachment license agreement pursuant to Vernon City Code Section 22.66 to (1) conduct a Vapor Pilot Test for soils containing tetrachloroethene (also known as perchloroethene or PCE) on certain real property located adjacent to 4622 Alcoa Avenue in the City of Vernon as more particularly described in the Encroachment License Agreement; and (2) conduct any further work needed for the remediation of PCE on or in the aforesaid City property ("the Encroachment"); and WHEREAS, the City Council is authorized to issue an encroachment license pursuant to Chapter 22, Article VI, Encroachments, of the Code of the City of Vernon which license shall be valid for a period of two (2) years from the date of execution of the Encroachment License Agreement; and WHEREAS, the City Council adopted Resolution No. 5088 on February 21, 1984, authorizing fees for encroachment licenses; and WHEREAS, the City of Vernon has agreed to waive the standard issuance fee and the annual renewal fee for the encroachment license because the City is not participating in the funding for the remediation activities and the Vapor Pilot Test and subsequent remediation will improve the City property and benefit the City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Vernon Sanitation has provided proof of the required insurance; and WHEREAS, the Director of Community Services and Water and the Director of Environmental Health have recommended approval of Encroachment License Agreement No. 392 to allow Vernon Sanitation to conduct the Encroachment for a period of two (2) years, subject to the terms and conditions of the aforesaid Article VI of Chapter 22 of the Code of the City of Vernon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Encroachment License Agreement No. 392, a copy of which has been presented to the City Council concurrently with this resolution, an the City Council hereby orders said Agreement to be received and filed b the City Clerk. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. - 2 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 4th day of April, 2000. EONIS C. MALJUgG, Mayvbr ATTEST: BRUCE V. MALKENHORST, City Clerk - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss BOUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7516, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, April 4. 2000, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - SUPPORTING DOCUMENTS 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENCROACHMENT LICENSE AGREEMENT NO. 392 THE CITY OF VERNON, a Municipal Corporation of the State of California, as Licensor (hereinafter referred to as the "City") and Vernon Sanitation Supply Company (hereinafter referred to as "Licensee") do hereby agree as follows: 1. Licensee is the owner of certain real property located at 4622 Alcoa Avenue in the City of Vernon, County of Los Angeles, State of California. Environmental assessment and investigation has indicated that former activities at this site have resulted in PCE impacts to subsurface soils on the site, as well as properties to the north and south. 2. The City is the owner of certain real property located adjacent to 4622 Alcoa Avenue at the southeast corner of Packers and Alcoa Avenues, in the City of Vernon, County of Los Angeles, State of California (the "City Property"), as shown in more detail on the engineer's drawing marked Exhibit "A" attached hereto and made a part hereof as though fully set forth herein. The City has all requisite power or authority to enter into this License Agreement. Subject to the right of the City to terminate this license for reasonable cause, as defined below, the City hereby grants to Licensee a license to: (1) conduct a Vapor Pilot Test for soils containing tetrachloroethene (alsc known as perchloroethene or PCE) on the City Property, as described.in the "Workplan Vapor Extraction Pilot Test for the Remediation of PCE - s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Impacted Soils Vernon Sanitation Supply Company 4622 Alcoa Avenue Vernon, California," a copy of which is attached as Exhibit "B" and made a part hereof as though fully set forth herein; and (2) conduct any further work needed for the remediation of PCE on or in the City Property. 3. Licensee agrees that it shall only utilize above ground piping on the City Property during the Vapor Pilot Test; that thereafter any piping necessary on the City Property shall.be placed below ground; and that any above ground equipment needed to complete the activities subject to this license shall be located on Licensee's Property at 4622 Alcoa Avenue. Licensee shall not install any appurtenances thereto or construct any structure without having received a permit therefore from the City of Vernon. 4. This license is granted subject to the terms and conditions set forth in the Code of the City of Vernon, Chapter 22, Article VI, and the acceptance hereof shall evidence the Licensee's agreement to all terms and conditions of said article and the additional conditions hereinafter contained. 5. The City agrees to waive the standard issuance fee and the (annual renewal fee for the license. 6. Licensee, or its designated agent, shall secure and keep lin full force and effect at all times during the term of this license, general liability insurance in the amounts set forth in Exhibit."C" which is made a part hereof by reference, on an annual basis and shall - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 file proof thereof with the City Clerk, which proof shall include the following: (1) A standard certificate of insurance. (2) An endorsement naming the City of Vernon, its officers, and employees as insureds under this policy. (3) An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. (4) A notarized letter .from the underwriter or carrier certifying that the coverage and statements in the,standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. 7. Licensee shall maintain the City Property in first class condition to the satisfaction of the City of Vernon. Upon completion of the activities to be performed under the license, Licensee shall return the City Property to the condition it was in at the time of the lexecution of this License. 8. The term of this license shall be two (2) years from the date of the execution of the License Agreement. In the event that Licensee fails to utilize the property covered by this license for a consecutive period of three (3) months during any period of time after it has been placed in operation, the City Council of the City of Vernon (shall have the right, at its sole discretion, to declare this license Iterminated. 9. Licensee shall not sell, transfer, assign or lease this - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 license, or any part hereof, or any of the rights or privileges granted hereby. Licensee may not assign its duties hereunder, and may not assign its rights hereunder to a public utility. 10. In the event Licensee fails to keep, fulfill or perform any of the terms or conditions of this license and fails to remedy such default within thirty (30) days after written notice of default from the City, the City may declare this license terminated. Upon such a declaration of termination by the City, this license shall be cancelled and all of the rights and privileges of Licensee under this license shall be surrendered. The City may thereafter exclude Licensee from further use of the property under this license. 11. Licensee shall promptly repair at its own cost and expense, to the reasonable satisfaction of the City of Vernon, any damage caused to any street, alley or other public property in the City of Vernon by the facilities installed, constructed, maintained, or operated under this license, and if Licensee fails to comply with any instructions of the City relative thereto within ten (10) days after the service of written notice upon Licensee requiring compliance therewith, then the City may immediately do whatever work is necessary to carry out said instructions at the reasonable cost and expense of said Licensee, which costs by the acceptance of this license, said Licensee agrees to pay upon demand. 12. In the event of the termination of this license, Licensee shall at its own cost and expense, remove or abandon the encroachment - 4 - ' 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 facilities as the City in its reasonable discretion may decide. Abandonment shall be subject to necessary safety precautions and conditions. This provision may be suspended by the City of Vernon at its sole discretion during such period as Licensee may be negotiating with the City of Vernon for renewal of this license. If Licensee is directed to remove the encroachment facilities and fails to do so, City shall have the right to remove them at Licensee's sole.expense. 13. Licensee shall preserve and save harmless the City and leach officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of the encroachment or the installation land construction thereof. 14. Any notice, communication, request, instruction or other document required or permitted hereunder shall be in writing and deemed (given when hand -delivered or sent by confirmed facsimile or U.S. mail (service during the business hours of 8:00 a.m. to 5:30 P.M. Monday 11through Thursday, to the following:. CITY: CITY OF VERNON ATTN: CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 FAX: (323)581-7924 LICENSEE: VERNON SANITATION SUPPLY COMPANY P.O. BOX 58244 VERNON, CA 90058 FAX: (323) 583-3197 - 5 - 1 EXECUTED'IN DUPLICATE this day of 2000. 2 CITY OF VERNON 3 A Municipal Corporation 4 By LEONIS C. MALBURG, Mayor 5 ATTEST: 6 7 BRUCE V. MALKENHORST, City Clerk 8 APPROVED AS TO F 10 EDUARDO OLIVO, Ci Attorney 11 VERNON SANITATION SUPPLY COMPANY 12 Licensee 13 By. 14 15 TYb 16 Ti 17 18 By 19 Type or print name J�L � 2 0 Title J� C%� �'�a %4e.e 21 22 *Note: Please type or print names below signatures. Signatures shall be Notarized 23 24 25 26 27 28 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On D before me personally appeared CC personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LAURA M. ADLER Com��on !ein rd Wiittnn ss my ha d and f ' cial seal '` NotaryP�_ �l My � .xm m zoo, On �7=7 ypDO_ before me personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witne s my hand and off i ial seal j,% AURA M1114q aLoaNY Conn, =2001 ` - 7 - 1 The signatures required of a corporation are as follows: 2 3 First Signature - the chairman of the board, the president or any vice president; and 4 5 Second Signature - the corporate secretary, any assistant 6 secretary, the chief financial officer or any assistant treasurer. 7 8 Please type the names of the officers signing beneath 9 their signature lines All signatures must be notarized. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 8 - EXHIBIT A E 46,M S7 EXHIBIT "A" PACKERS AVE 3338 SU13SGGT SITE , 1 w � 33 � 40 0 W Q � Lu i O Q4, v � 3 0 v SCALE N LOCAL AREA OF SOB•TECT PROPERTY . 0AT1 . ACASIOM - sY • • CX CUSTOMER: C17 CONSERVTECiI PLANT: � Vamor+, Cslitoml� LOCATION: ___yE AYPvO . NO • GATE . 11"slom - sY • • CK • • APPW . or gquel N OWG. NO. fit P�J< AVE �E — FIG. NO. z REV. N0. A — 1 EXHIBIT B EXHIBIT "B" SCS ENGINEERS — WORKPLAN VAPOR EXTRACTION PILOT TEST FOR THE REMEDIATION OF PCE-IMPACTED SOILS VERNON SANITATION SUPPLY COMPANY 4622 ALCOA AVENUE VERNON, CALIFORNIA J A N 1 i 2000 HEALTH Prepared for: CErARTAIENT Vernon Sanitation Supply Company P.O. Box 58244 Vernon, California 90058 (323) 583-3191 Prepared by: SCS Engineers 3711 Long Beach Boulevard, Ninth Floor Long Beach, California 90807 (562) 426-9544 January 13, 2000 File No. 01 199203.00 J:\HW\JOBS\1999\01199203\Remediation Workplan.DOC B — I SCS ENGINEERS - This "Workplan - Vapor Extraction Pilot Test for the Remediation of PCE-Impacted Soil Vernon Sanitation Supply Company, 4622 Alcoa Avenue,' January 13, 2000, was prepared and reviewed by the following Vernon,�California," dated tQ. Kevin W. Green, R.E.A. Project Manager Ken LaConde, R.E.A. Project Director SCS ENGINEERS B - 2 SCS ENGINEERS - CONTENTS Section Page DISCLAIMER/LIMITATIONS INTRODUCTION....................................................................................................... 1 BACKGROUND........................................................................................................ 1 VAPOR EXTRACTION PILOT TEST............................................................................. 2 Installation of Extraction/Monitoring Wells.............................................................. 2 Vapor Extraction Pilot Test.................................................................................... 3 Scheduleand Reporting....................................................... ............................... 3 HEALTHAND SAFETY........................................................................... ............... 3 Figures B - 3 SCS ENGINEERS- DISCLAIMER/LIMITATIONS This Workplan has been prepared specifically for Vernon Sanitation Supply Company with application to a Vapor Extraction Pilot Test for the Remediation of PCE-Impacted Soils at 4622 Alcoa Avenue in Vernon, California. The Workplan has been prepared in accordance with the care and skill generally exercised by reputable professionals, under similar circumstances, in this or similar localities. No other warranty, expressed or implied, is made as to the professional opinions presented herein. Third parties use this report at their own risk. Changes in site use and conditions may occur due to variations in rainfall, temperature, water usage, economic, or other factors. It is possible that additional information exists beyond the scope of previous investigations and this Workplan. Additional information that was not available to the consultant, or changes that may occur on the site or in the surrounding area, may result in modification to the site that would impact the results and recommendations of this Workplan. This Workplan is not a legal opinion. B - 4 SCS ENGINEERS - WORKPLAN VAPOR EXTRACTION PILOT TEST REMEDIATION OF PCE-IMPACTED SOILS VERNON SANITATION SUPPLY COMPANY 4622 ALCOA AVENUE VERNON, CALIFORNIA INTRODUCTION Vernon Sanitation Supply Company retained SCS Engineers (SCS) to prepare a Workplan for a Vapor Extraction Pilot Test for soils containing tetrachloroethene (also known as perchloroethene or PCE) at their facility located at 4622 Alcoa Avenue in the City of Vernon (Figure 1). This Workplan has been prepared in response to the City of Vernon Environmental Health Department (EHD) and their letter dated November 2, 1999. BACKGROUND Conservtech has conducted several previous phases of assessment and investigation on the subject site and adjacent properties as outlined in the following reports: • April 1997, "Subsurface Soils Investigation of Property Located at Alcoa and Packers Avenues, Vernon, California 90058," prepared for the City of Vernon. • February 1998, "Further Investigation of Subsurface Soils for Property Located at Alcoa and Packers Avenues, Vernon, California 90058, " prepared for the City of Vernon. March 1999, "Limited Environmental Site Assessment for Property Located at 4622 Alcoa Avenue, Vernon, California 90058, " prepared for Vernon Sanitation Supply Company. • April 1999, "Soil Vapor Survey for Property Located at 4622 Alcoa Avenue, Vernon, California 90058, " prepared for Vernon Sanitation Supply Company. • August 1999, "Additional Subsurface Investigation for Property Located at 4622 Alcoa Avenue, Vernon, California 90058, " prepared for Vernon Sanitation Supply Company. The investigations outlined in these reports indicate that former activities at 4622 Alcoa resulted PCE impacts to subsurface soils on the subject site, as well as the adjacent properties to the north and south. The highest concentrations of PCE were detected in soil and soil gas samples in the northern building on the subject site, an area of former dry cleaning operations. PCE concentrations in this area were as high as approximately 11 mg/kg in soil (soil boring "P7" at 40 feet below ground surface [bgs]), and 78,000 ug/L in soil gas (soil boring "DB at 70 feet bgs). B - 5 SCS ENGINEERS - VAPOREXTRACTION PILOT TEST Due to the depth of the PCE-impacted soils and overlying structures, vapor extraction' has been chosen as the most feasible remedial option for this site. The following narrative outlines the proposed pilot test for vapor extraction. To evaluate the requirements for a full-scale vapor extraction system (VES), information obtained from the pilot test will include the following: PCE concentrations during vapor extraction. Flow rates and vacuum levels from extraction wells. The radius of influence of each well. The information obtained during the pilot test can be used to design a full scale VES for the project site. Installation of Extraction/Monitoring Wells A total of two extraction/monitoring wells - designated EW1 and EW2 as shown in Figure 2 - will be installed for the pilot test. These wells will be located approximately 60 feet from each other (depending on access), and in the areas with the highest detected PCE concentrations in subsurface soils. Well EW1 will be located in the northern building of the Vernon Sanitation Supply facility, and well EW2 will be located in the adjacent parking lot to the north. The borings for each well will be drilled using hollow stem augers, and each well will be constructed within the hollow stem of the augers in order to accurately place the annular materials. Cutting generated from drilling activities will be placed in 55-gallon steel drums, sealed, and appropriately labeled. Soil samples will be collected at 5-foot intervals from 5 to 50 feet bgs to confirm subsurface lithology in each well. During drilling, the borehole and samples will be screened for organic vapors using field instruments and a log will be maintained of the results of the screening. A diagram of the proposed construction of each well is provided in Figure 3. Each well will consist of two nested wells with screened intervals in one well between approximately 10 and 25 feet bgs, and in the other well between approximately 35 and 50 feet bgs. Each well will be constructed of 2-inch diameter PVC casing with 15 feet of 0.020-inch slotted casing, and solid casing to the surface. The bottom of each well will be completed with a threaded cap or plug; the top of each well will be fitted with a slip cap. The annular space around each of the deep nested extraction/monitoring wells will be filled with Monterey #3 sand to 2 feet above the screened interval (sand from 33 to 50 feet bgs). An approximately 6-foot thick interval of bentonite pellets will be placed between approximately 27 and 33 feet bgs and charged with water. Monterey #3 sand will again be used in the annular space between 8 and 27 feet bgs for the screened interval of the shallow well. An approximately 1-foot thick layer of bentonite pellets will be placed above the upper filter pack, followed by bentonite grout to the surface. Each well will be completed with a traffic -rated vault box set in concrete. 2 B - 6 SCS ENGINEERS - It should be noted that in addition to the vapor extraction pilot test, these "test" wells can also be used during full scale remediation. Vapor Extraction Pilot Test At least one week after installation of extraction wells EW1 and EW2, a one -day pilot test will be conducted using the wells. Prior to the start of the test, vapor samples will be collected for laboratory analysis from all four of the nested wells by purging the well with a bellows pump until field instruments indicated that vapor concentrations have stabilized. The analytical results from these samples will be used to evaluate the vapor concentrations in each well prior to the pilot test. Soil vapor will be extracted from each well for an approximately 1 to 2-hour period, with the other three wells used to monitoring the influence of the system (vacuum) on soils in the area. Temporary above -grade header lines will be used to connect each of the wells during the pilot test. The temporary vapor extraction and treatment system will be located in the Vernon parking lot, adjacent to extraction well EW2, during the pilot test. A summary of field data (extraction flow rate, organic vapor concentrations, and vacuum) collected during the test will be collected in tabular form for inclusion in the final report. It is anticipated that vapor extraction rates will range from approximately 30 to 80 cubic feet Per minute (cfm). Vapor samples will be collected periodically during each test. Samples will be collected from a sampling port on the extraction header line using a non -contaminating pump. All vapor samples will be collected in Tedlar bags and immediately submitted to an on -site mobile laboratory for analysis. Vapor samples will be analyzed for volatile organic compounds using EPA Modified Method 8010. Schedule and Reporting Following approval by the Vernon EHD, it is anticipated that the wells can be installed and the vapor extraction pilot test completed within approximately four to six weeks. The EHD will be notified of field activities at least 72 hours in advance. Following completion of field activities, a report will be prepared which includes a description of well installation activities, lithologic and well completion logs,, field measurements, analytical results, maps, figures, and conclusions and recommendations regarding any further site work. HEALTH AND SAFETY During this project, a standard Health and Safety Plan will be in effect. Personnel involved in the well installation and pilot test will adhere to proper health and safety protocols as described in the Health and Safety Form and the Standard SCS Health and Safety plan. All personnel will have completed a 40-hour Health and Safety course as required by OSHA. An SCS representative will serve as Health and Safety Officer. The Health and Safety *:I 3 B - 7 SCS ENGINEERS - Officer will be responsible for monitoring potentially hazardous situations during site activities, and will ensure that all personnel know the potential physical and chemical hazards, and are trained in the proper use of personal protective equipment. Although it is anticipated that Level D will be the highest level of personal protective equipment necessary, Level C gear will be available for on -site personnel. On -site conditions will be monitored to determine if it becomes necessary to upgrade to level C, or cease work. In addition, equipment (i.e. foaming agents and water) and personnel will be on hand to suppress solvent vapors that exceed exposure levels. E 4 g - 8 SCS ENGINEERS - FIGURES PI L' 1 1 R , J1 do g T ray sr_ — _ Cyr eY RaW W r c Fire `xi �--+ . _. *T • �HObait; wr Q SITE LOCATION �re VE ON Sts ion qp - .rnon C,r VVT • °S8 sr o ° LECWIS OL ro /9J •• — I N: ewr / \ ER I • N , � W sr t tic 78 wr 53. Q CO Z 175< < p —_ /SO— 9M H pital va 177 - \ --ft Will fir a Re rs: •^— BM 1. 162 q is V. LA st 10, r° ■j CO n o e 0 J iD 6 / -Iss h ` P k • �' •..� � It I — A Re �ion ter ,' ♦., tl r tnw O. ,1 k st �•' _ or i C • IJ 2 C F. z K •� 70 r b� Bs eter Miles Atti d W -`p 1� 7Ps Fik �r eh LOitENc£ I � "" E E • 1� r r 1 of ;Iz•- nn 7A pGp I:j ti� I W � � � � � � � 0 1 , R\ y' ' • •S •` r� A We SOURCE: U.S.G.S. TOPOGRAPHIC "osat•I 0 2000 MAPS, LOS ANGELES AND SOUTH "" -- .' � R•u•at,o GATE, CALIFORNIA " `- "'^--•- ' APPROX. SCALE IN FEET SCS ENGINEERSttttttttttd Figure 1. Project Site Location. B — 10 Figure 2. MaSCS ENGINEERS Showing the Locations of Extraction Wells EW1 and EW2. B - 11