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HomeMy WebLinkAboutOB 1 ASBESTOS REMOVAL 01-07-91DATE: JANUARY 7, 1991 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ASBESTOS REMOVAL - 1011 EL CAMINO REAL RECOMMENDATION Pleasure of the City Council. BUSINESS N0. 1 Inter - Com BACKGROUND The City Council continued its discussion of this item at their meeting on December 17th. The December 17th staff report is attached for the,City Council's information. Christine A. ShinglePon Director of Communit Development CAS:kbc\1011ecr.cas ')ATE: TO: FROM: SUBJECT: DECEMBER 17, 199 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT OTn BUSINESS NO. I 7-90 Inter - Com ASBESTOS REMOVAL COSTS - 1011 EL CAMINO REAL (FORMER CITY HALL BUILDING) RECOMMENDATION Pleasure of the City Council. BACKGROUND At the City Council meeting on December 3, 1990, Frank Grienke requested that the City of Tustin compensate him in an amount not to exceed $1,000 for the removal of asbestos in the former portable Tustin City Hall building he purchased from the City of Tustin now located at 1011 E1 Camino Real. At the December 3, 1990 City Council meeting and in the attached letter to Mr. William A. Huston dated November 28, 1990, Mr. Grienke states that it is his belief that asbestos was installed in the former City Hall at the City's direction and therefore the City is responsible for its removal and handling including "originator responsibilities" (upon disposing of the asbestos). The City Council continued their discussion on this matter to permit staff and the City Attorney's office to provide additional background information to the Council on the original sale of the building and the City's legal responsibilities. DISCUSSION A review of City records indicates that the old City Hall building previously located on Second Street was sold to Mr. Grienke on November 15, 1978. The sale was made pursuant to an order of the City Council made on September 18, 1978 (Resolution 78-96) and was subject to specific terms and conditions as follows: ° Sale price of $36,101.00 ° Subject to approval by the City of Tustin to install the building at 1011 Laguna Road (El Camino Real) ° Obligation of buyer to remove at his sole cost and expense the subject building from its previous location. Staf f can f ind no record or work orders that the City installed the floor tiles and mastic nor that we altered the area that housed the City Council Report Asbestos Removal Costs December 17, 1990 Page 2 - 1011 E1 Camino Real telephone equipment that are those areas in the current building where asbestos is present. In response to complaints from the City Council (meeting November 71 1988) and continuous complaints from the public and members of the Planning Commission about the property located at 1001 and 1011 El Camino Real, a number of letters have been sent over the last two years (November 1988, May 1990, July 13, 1990 and August 16, 1990) to Southern Counties dealing with the following issues on the property: Crushed rock and miscellaneous debris on site. Service station and/or other buildings on the site unsightly and in need of demolition. Existing Karl's sign deteriorated, unsightly and should be removed. Mr. Grienke has been responsive to removal of weeds and debris from the property as requested by staff on a regular basis. Demolition permits for removal of all structures on the site were obtained over the counter from the Community Development Department on November 27, 1990. The issue of the presence of asbestos in the old City Hall building and the City's responsibilities in this matter were not raised by Mr. Grienke until his letter of November 28, 1990. The City Attorney has independently reviewed the City's legal obligations in this matter and his specific analysis and recommendations are attached to this report. Christine Shingleton� Director of Communit� Development CAS:kf/ElCam.cas attachment Community Development Department November 28, 1990 City of Tustin Mr. William Huston, City Manager 300 Centennial Way Tustin, CA 92680 Dear Bill: In 1978 1 purchased the portable Tustin. City Hall buildings from the City of Tustin and relocated them at 1011 El Clam.ino 'heal in Tustin. When we went to pick up permits to demolish the buildings we learned that among other thingswas that we needed an asbestos inspection. We ordered this done at a cost of $575.00. Asbestos was located in a small area (approx. 6' by 8') that housed the telephone equipment. It was found in the bottom layer of the floor tiles and the mastic which attached the tiles. The asbestos present was identified as Chrysotile 1-5% and Chrysotile 12%. It is our belief that because this was installed in these buildings at the City's direction the City of Tustin is responsible for its removal and proper handling. There is considerable law regarding pollution clean up as it relates to the originators responsibilities. It is my strong belief that should legal action be required we would prevail. I did not generate this asbestos and as such will fight from being listed as an E.P.A. Hazardous • - ,.t ,r^�n�_i.�^. -rt_: -nnr��r+%, ;c pars ^I! �y owned by my wife Marnaret and I. 11i a�r,e �GI to atol . / 11•J F,1 L 1.0 5.• r:0 • , 17 It will be a simple and relatively easy matter for the City of Tustin to correct this problem that they created. Its cost is far less than the legal expenses we both will incur. Should you or your staff want to observe the area please let me know and we will make arrangements for their entry. November 28, 1990 Mr. William Huston Page -2- Bill, I want to clear up this site as soon as possible, as we are getting much pressure from Tustin's Community Development Department to demolish the buildings. Please discuss this issue with City Attorney Jim Rourke as soon as possible so that we may get an answer as to the City of Tustin's position. Thank you very much for your prompt reply. Sincerely, Frank H. Greinke 1825 W. Collins Avenue Orange, CA 92667 714/744-7140 attachments 158S Wit' v& 4419.5.Zl L A S B ES T CS D[ "I rCTi0 countie- 04 4 15 C9 P- C- -7 F; S! D♦ r. v Zy. LJ L- bu*:,,-4j,-,g survey. see azza:ac neD -err--S a"...., J- I %-A -L..Ljl.L L J^. OWN E R.S- i n orot� r ir.. r, irwr-zf f -C. it- Vt* L L- L tro 6 0;::-' U P:F n rV I 7� r% Z�,, �f,f-tc)s p,,c)du ts ii: subooni to stnz—, re-ulation b. �4!-, C. ri %d s r, :, u ne - ertl c, -.-n e:� 0 n 1 v *Y to t: u e::--er.z;;i.-;c -fe, .ve agencies - im' !f,.Bb!t: Product-- Includin- -.10me fic-Ic- ir% —Nie& rer -nr,,- occupants end own-�rE tO-c-Lt.- zi-,- Inaoistlion have, bC--.-,f, ater-a's'. 1;;-, np rna�f,.;Eq. C -m --v=& P Prio.- •to am' -C. r!=.-;Cl!'nC- E Cr rr-z-*.-.t;,Aulr'!Z�r-- 0' ',!tF:-S4E- T OZOcte. *tic- z c'-^.,, t e n t ?! , n ese rypt-!, of pro3L.ctz should -c c-eterrnmec- C. Z- .7 Z: r.^ _—..` .. ..—..• �. I: i..i^.• ` ,_•�f. ..�r. .. �., ..... ..�. ..vai•\.v:•.. a: i:. ..t-.. •1:_— G .�r'�i.l: \.. ... l.L .. ..ir;... v,.• "/. ..<:.'. 1•. �'•. tr: !i !.\... L1:•L. i,J i. .. C L L 5 0-0 f - - - - - - - - - - - - - - - - - - -- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -- - ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 (714) 530-1922 LIMITED BUILDING SURVEY REPORT NO. S -1588C DEMOLITION PROTOCOL Former City Ball I_ Client: Southern Counties Oil P.O. Box 4159 Orange, CA 92613 II. Project address: 1011 E1 Camino Real Tustin, CA III. Date of Survey: November 19, 1990 IV_ Inspector: Michael Ay, E.P.A. building inspector 9318, U.S.C. V. Structure: The structure is the former city hall. It is a wood -frame, one-story building with multi -office interior areas. VI. Systems/products surveyed: A. Acoustical ceiling material: None observed. B. Textured wall surfacing: None observed. C. pipe/boiler insulation: None observed. D. Attic insulation: Assumed fiberglass insulation was observed above the ceiling tiles. E_ HVAC duct system insulation: Two exterior forced air units were observed with no suspect materials observed. F_ Ceiling tiles: One pattern of ceiling tiles existed throughout the building: Sample I Location Asbestos present g W side front office None G. Sprayed structural fireproofing: None observed. H. Flooring: Linoleum and vinyl tiles were observed in various areas of the building. Samples of distinctive patterns were obtained as follows: Samale-f Location Asbestos present 5� W side office ( brown ) None 6 S end phone rm. (bottom layer) Chrysotile 1-50 6A Mastic on sample 6 Chrysotile 120 7 S end phone rm. ( surface layer) None I. Exterior Stucco: Stucco was observed on the structure. A sample was obtaineu as -follows: Sa=le 9 Location Asbestos present 13 1,%' side exterior None BULK ASBESTOS ANALY!Z'S 1 (40 CF. R, Part 763, Subpart F, p dix & pages 293-299) AWE, INAMW ASBESTOS DETECTION, INC. Client Name Southern Counties Oil 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 Client Address: P.O. Box 4159 (714) 530-1922 Orange, CA 92613 DIAD - NO ASBESTOS DETECTED Estimated percentages by'area. Detection Limit 1% asbestos This report pertains to samples investigated and does not necessarily apply to other apparently identical or similar materials This report is not to be reproduced without the express permission of Asbestos Detection Co., Inc Sample No. 1151588-4 ADI Lab. No. 6584 Type of Materia!- Vinyl the Color. Brown Type(s) of asbestos present: 1. NAD Percentage: 2. Percentage: Other fibrous material present None Other non-fibrous material present Granular minerals; vinyl resins Analyst's comment, if applicable: Ash. Sample No. 11S1588-5 ADI Lab. No. 6585 Type of Material: Vinyl tile Color. Brown Type(s) of asbestos present 1, NAD Percentage 2. Percentage Other fibrous material present None Other non-fibrous material present Granular minerals; vinyl resins Analyst's comment, if applicable Ash. 60-M S..= '-S -W 0-0 0-A -/r � 6� -� ---a --a W r �" � ��� Sample No. 11S1588-6 ADI Lab. Na 6585 Type of Viateria:. Vinyl the Color. Tan/brown Type(s) of asbestos present-- 1. resence1. Chrysotile Percentage 1-5% 2. Percentage Other fibrous material present- . 1,,Ione Other nort-fibrous material present Granular minerals; vinyl resins Analvs''►'s comment, if applicable: Ash. 11-21-90 R. Frauenberoer D e Analyst Approved By ART ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 (714) 530-1922 BULK ASBESTOS ANALYSIS (40 CF. R. Part 763. Subpart F, I -idix & pages 293-299) Client Name Southern Counties oil Client Address: P.O. Box 4159 Orange, CA 92613 NAD - NO ASBESTOS DETECTED Estimated percentages by *are& Detection Limit 1% asbestos This report pertains to samples investigated and does not necessarily apply to other apparently identical or similar materials This report is not to be reproduced without the express permission of Asbestos Detection Co., Inc Sample No. 11S1588 -6A ADI Lab. No. 6586A Type of Matcna4 Mastic on sample 6 Color. Black Type(s) of sbestos present 1. Chrysotile Percentage: 12% 2, Percentage Other fibrous material present Cellulose 1-2% Other non-fibrous material present Resins Analyst's comment, if applicable N/A .... w --.� 6..6 . � -..n �—...—.. --" � �� ........r ... r �.. �� .�� �.� .... �.� ..... �—........ � �..... —..@ ......... Sample Na 11S1588-7 ADI Lab. No. 6587 Type of Material: Vinyl tile Color. Brown Type(s) of asbestos present I. NAD Percentage: 2, Percentage Other fibrous material present Cellulose less than 1% Other non-fibrous material present: Granular minerals; vinyl resins Analyst's comment, if applicable N/A �.. r a."..... ..r —...—........-W ..w �.. �...�r �...... �r �— .... " " � �._ ..a — � � � a--" �— w — � ' Sample No. 11S1588-8 ADI Lab. Na 6588 Type of Material: Joint compound Color. Off—white Type(s) of asbestos present 1. NAD Percentage: 2, Percentage Other fibrous material present . Cellulose 10 Other iron -:fibrous material present: Granular minerals Anakyst' s comment, if applicable Subsamples analyzed separately and combined for reporting. •.o a.s wr sr ..a. oda ..oa _". -' w..� wwa .rrz. sa..-y: ..r.. .watt ..ate ...r. .a. r.... wwr -...r .� �. .......� �w r...e ..... •... r.. ..... �.� .�a.••w. �•••• �•� .w...s...•� .•i v �� 11-21-90 R. Frauenberoer Dare Analyst Approved By :1D E C:— 1 1 — '� �_� T �_� E 1 ►- C, F.- �_# U F=' I ---E W ID C1 L0 f=•: 1_1 F F F' �=� 1 DECEMBER 11, 1990 DATE: -- RECEIVE) DEC 1 1 lu7i civ DEVLEOV" 1, j°n`,er -- Coni CHRISTINE SHINGLETON, LXRECTOR OF CObLMUNITY DEVELOPMENT TO: CITY ATTORNEY FROM: SOUTHERN COUNTIES OIL COMPANY; OLD CITY HALL BUILDING SUBJECT: After having looked into this matter, it is our conclusion that the City does not have liability to Southern Counties Oil Company nor to Mr. and YIrs. Greinke for any clain,� that there is asbestos floor tile in the building that was purchased by them from the City a number of years ago. We realize that .,Ir. Greinke, who has had extensive experience in hazardous waste situations, believes the City does in fact have liability in this matter• Mr. Greinke has stated that he is willing to have the matter resolved by the City undertaking the responsibility of dealing with the appropriate environmental authorities in its own name in order to obtain necessary permits and approvals to have the fluor ti.le properly disposed of and for the City to pay up to $1,000 for the cost involved in so doing. This would not seem like an unreasonable resolution in the matter, provided that the City's liability and responsibility in the :natter is limited to just the foregoing. if the City Council is inclined to resolve this ;Matter so as to avoid any further problems, liability, legal action, etc. , we would recor;merd that it do so only upon a very precise agree; ant. being entered into with Mr. and Mrs. Greinke which would expressly limit the responsibilities of the city to those two obligations proposed by Yr. Greinke. For that purpose, we submit for t.. Council's consideration a draft of such a proposed agreement. 4MG. ROURKIE city Attorney jGR/kbg:R:12/'11/G0(A1777.ks) cc: WH Post -It"' brand fax transmittal m -mo 7671 or paws Ta From co. Co. Oept.- yea ti A V Fax 9 J Fax 4 - •�. 4-� T U E 1 r. - �_' 1 F: �_� 1_I F' f E tJ �_� �_� L� 1=' 1_I F F r.� E 1_ This Agreenert is made Greinke and 14argaret Greinke as "Greinke") and the City (hereinafter referred to a dad} of AGREEMENT and entered into by and between Frank (hereinafter referred to collectively of Tustin, a municipal corporation s "City") to be effective as of the 1990. A. in approximately 1.978 City sold to Greinke a certain factory constructed modular structure that had served as an office ' approximate suer, building as part of the City Hall complex for the of $ (this building is referred to hereinafter as the "BiAilding") . From, the time the Building was acquired by Greinke until sometirine in 1989, the Building was used by Southern Counties Oil Company, a corporation in which Greinke is the ;Major shareholder and Frank Greinke is president, and was located at Newport Avenue and El Camino Real in the City of Tustin as a headquarters office for Southern Counties Oil Cor.pany. Southern Counties Oil Company has now sold the property at Newport Avenue and El Camino Real with the property in escrow subject to various conditions including removal of all the improvements from the property. Greinke has now advised City that while in the process of obtaining permits for the removal and demolition of the Building it has been determined, according to Greinke, that there is soMe floor the in an six by eight foot area of the Building which contains asbestos and in order for the Building to be removed and demolished, permits must be obtained from several environmental authorities 'With jurisdiction over such matters and then removed and demolished in accordance with the terms, conditions, and approvals prescribed by such permits. Greinke has advised City that it is his opinion that City is the party responsible for the floor tile being in tha Building and is the party legally required asbestos to obtain the necessary permits and pay for the removal and proper and legal disposal of the asbestos floor tile. Greinke has advised City that if it does not undertake the responsibilities hereinafter set forth in this Agreement that Greinke would sue the City, City and Greinke would Each in substantial legal expense and Greinke is certain that he would prevail in such :itigatio*�. City, in.order to resolve and settle the :natter and buy its peace and14 without admitting the truth, accuracy or correctness of any of the foregoing, has agreed to the following: In consideration of the mutual promises and agree:�ants specified hereinafter, the parties b ereby promwse and agree. as follows: 1. C�.t ill apply for er:mits necessary �.o perw it the ega]. .: y Y ani, proper removal and demolition of the floor the alleged to Gonta�n asbestos and contained in a room of approxima`-1y six feet by eight fest in the Building. ri E #71.- 1 1 - �_+ T I_I E 1 ._. _ 1 F=_ C,I_t �' F . E l J �_� Q LI 2. Upon obtaining the required permits, City will cause the said floor the alleged to contain asbestos to be removed and demolished in accordance with the terms, conditions and approvals contained in such permit. 3. City will pay for the cost of removal and demolition of the said floor tile in a legal manner, provided, however, anything and everything to the contrary above notwithstanding, the complete obligation and duty of City skull be limited to the filing and processing of applications for the permits described above and the rentoval and demolition of the floor the alleged to contain asbestos at a cost and expense to City not to exceed One Thousand Dollars ($1, 000.00) , including any and all permit fees, application fees, costs, and all other expense, costs, charges and fees of every other kind and nature whatsoever. 4. Greinke hereby agrees to save, defend, indemnify and hold City harmless from any and all costs, expense, liability, claims, demands and responsibilities of every kind and nature whatsoever in excess of the obligations expressly and -specifically agreed to by City as set forth hereinabove, including, any and all claims and demands made by any and all environmental authorities and shall fully protect City -from any obligations, duties, claims and demands, responsibilities in excess of (a) City filing for the permits described above and (b) City removing or causing to be removed the floor the alleged to contain asbestos, both at a total cost to City not in excess of One Thousand Dollars ($1,000.00), CITY of TUSTIN, a municipal FRANK GREINKE and MARGARET corporation GREINKE BY: mayor BY: City Clerk STAVE OF CALIFORNIA COUNTY OF ORANGE BY: . Frank Greinke BY: Margaret Greinke On , 19_ before rye, the undersigned, a Notary public in and for said State, personally appeared: ;and known to me to be theperson whose name is subscribed to the within instrument, and actino -leadged to me that he/she executed the same. Witness my hand and official seal.