REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Jennifer Villasenor, Director of Community Development
PREPARED BY: Bill Krill, Real Estate and Project Manager
Subject:
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Approve and authorize execution of a Reinstatement and Third Amendment to Site Access Agreement Between the City and Chevron Environmental Management Company to conduct environmental work at APN: 159-031-16.
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Statement of Issue:
The City Council is asked to approve a Reinstatement and Third Amendment to Site Access Agreement (Amendment) between the City of Huntington Beach and Chevron Environmental Management Company (EMC) for temporary access rights onto City owned property to conduct environmental work under the oversight and direction of the Orange County Health Care Agency (OCHCA).
Financial Impact:
There is no financial impact.
Recommended Action:
recommendation
Approve and authorize the Mayor and City Clerk to execute the Reinstatement and Third Amendment to Site Access Agreement between the City of Huntington Beach and Chevron Environmental Management Company (EMC).
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Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
In February 2013, the City approved a three-year Site Access Agreement (Agreement) to allow Chevron Environmental Management Company (EMC) access onto City-owned property located at APN: 159-031-16 which is adjacent to Denny’s Restaurant (18477 Beach Boulevard). The purpose of the Agreement was to allow EMC to perform environmental work under the oversight of OCHCA. EMC has been conducting environmental remediation work at the Chevron gas station facility located at 18501 Beach Boulevard, directly south of the City owned property.
Under OCHCA’s direction, EMC requested permission to conduct environmental work on City owned property, including installing, maintaining, inspecting, replacing, and periodically sampling boring wells, as well as abandoning them when necessary. The work also involves using these wells to introduce environmentally safe compounds to help break down contaminants in the soil and groundwater. The Agreement ensured the City was properly indemnified and held harmless against any claims or liabilities resulting from any environmental work performed by EMC and its subcontractors on the City owned property. In addition to indemnification, EMC agreed to repair portions of the property if they were to be damaged as a result of remediation work.
The original Agreement expired on February 19, 2016. The Agreement was subsequently amended to extend the site access period two times. The most Second Amendment expired on February 19, 2025. OCHCA is requiring EMC to do further environmental work. Therefore, EMC has requested a reinstatement of the Agreement via this Third Amendment, to complete further monitoring and environmental work. This Third Amendment has an expiration date of March 1, 2029.
The City Attorney has reviewed and approved the Amendment and staff recommends its approval. Granting this extension ensures continued compliance with OCHCA’s environmental requirements and allows EMC to complete the necessary remediation efforts.
Environmental Status:
This action is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), and 15306 (Information Collection) because it involves site access and installation of sampling boring wells under the oversight of the OCHCA and does not involve expansion of an existing use, the removal of mature trees and would not result in a serious or major disturbance to an environmental resource.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Reinstatement and Third Amendment to Site Access Agreement
2. PowerPoint Presentation