HomeMy WebLinkAboutCC RESO 2020-168RESOLUTION NO. 2020 — 168
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING THE COVENANT'S CONDITIONS AND RESTRICTIONS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE LAND USE
COVENANT AND AGREEMENT BETWEEN THE CITY OF NATIONAL CITY (CITY) AND
THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL (THE DEPARTMENT) FOR
THE PROPERTY COMPRISING OF THE FOLLOWING ASSESSOR'S PARCEL
NUMBERS: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, AND 559-125-
15, (FORMERLY THE NATIONAL CITY PUBLIC WORKS YARD PARK -SIDE)
NOW PARADISE CREEK EDUCATIONAL PARK
WHEREAS, on October 16, 2018, City Council adopted Resolution No. 2018-182
awarding a contract for the Paradise Creek Park Site Remediation and Improvements Project,
CIP No. 18-07 which provided the site remediation, grading and infrastructure improvements
necessary to construct a new approximately 4-acre Community Park (under a separate
phase) to include walking paths, community garden, playground and other amenities on the
west side of Paradise Creek between West 22nd Street and West 19th Street; and
WHEREAS, the site remediation was done in conformance with the Removal Action
Workplan ("RAW") approved by the Department of Toxic Substances Control (the
"Department"); and
WHEREAS, the approved RAW document included removal and off -site disposal of
lead -impacted soil, placement of a clean layer of soil above the entirety of the proposed park,
and required a Land Use Covenant to restrict specific activities pursuant to California Civil
Code Section 1471 and Health and Safety Code Section 25202.5; and
WHEREAS, the remediation of the site was completed in December 2019 through the
excavation and off -site disposal of lead containing subsurface soil; and
WHEREAS, clean imported fill soil was placed throughout the site and was used as a
cover to protect future park visitors from being exposed to the remaining lead in the soil; and
WHEREAS, Lead, the hazardous substance that remain at the Property (Assessor's
Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559-
125-15) exists 2 feet below the clean imported soil cover; and
WHEREAS, as a result of the presence of the hazardous waste, which are also
hazardous materials defined in Health and Safety Code section 25260, the Department has
required the City to restrict the use of the property and requires the Land Use Covenant and
Agreement ("Covenant") as part of the Department -approved remedy for the property; and
WHEREAS, the Covenant has been reviewed and approved by the Department on
August, 2020. The City and the Department agree that the use of the Property be restricted
as set forth in the Covenant; and
WHEREAS, the Department has concluded that the Property, as remediated and
when used in compliance with the Environmental Restrictions of this Covenant and Soil
Management plan (such as a community park and garden with raised beads), does not
present an unacceptable risk to present and future human health or safety or the environment;
and
Resolution No. 2020 — 168
Page Two
WHEREAS, City Staff recommends that the City Council accept and authorize the City
Manager to Execute and file the Land Use Covenant and Agreement between the City of
National City and the Department of Toxic Substances Control for the Property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National
City hereby accepts the Covenant's conditions and restrictions and authorizes the City
Manager to Execute and file the Land Use Covenant and Agreement between the City of
National City and the Department of Toxic Substances Control for the property comprising of
the following Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06,
559-125-16, and 559-125-15, (formerly the National City Public Works Yard Park -Side) now
Paradise Creek Educational Park.
PASSED and ADOPTED this 1st day of September 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla,/ ity Clerk
APPROVED AS TO FORM:
Passed and adopted by the Council of the City of National City, California, on
September 1, 2020 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: Cano.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
i_Aiejt,aa ill
City CI k of the City f Na nal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2020-168 of the City of National City, California, passed and
adopted by the Council of said City on September 1, 2020.
City Clerk of the City of National City, California
By:
Deputy