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Home My WebLink AboutOB 1 ASBESTOS REMOVE 12-17-90DATE: TO: FROM: SUBJECT: 0-1 DECEMBER 17, 199 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT ') BUSINESS N0. 1 -17-90 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 15f 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. Staff can find 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 El 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 7, 1988) and continuous complaints from the public and members of the Planning Commission about the property located at 1001 and 1011 E1 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 Communi 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 Ei Clzirnino Real in Tustin. When we went to pick up permits to demolish the buildings we learned that among other things was 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 v; �t /,^y�^_^+^" Th:4- .�_.1r►.I��^+�, �C p� s- -liv owned by m;� wife Margaret and I. ti ao �e AGI IGI Q lVl . 1 t IBJ Ne V4� l y Iv ; 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. 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T U} • s- I ASBESTOS DETECTION, INC. 12862 Garden Grove Blvd., Suite 220 Garden Grove, CA 92643 (714) 530-1922 DEMOLITION PROTOCOL Former City Hall 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 #318, 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: Sample f Location Asbestos present 5 W side office (brown) None 6 S end phone rm. (bottom layer) Chrysotile 1-5o 6A Mastic on sample 6 Chrysotile 120 7 Send phone rm. ( surface layer) None I. Exterior Stucco: Stucco was observed on the structure. A sample was obtainEu as follows: Sample f Location Asbestos present 13 W side exterior None -1- . • BULK ASBESTOS ANAL�'"' S RV (40 CF. R. Part 763, Subpart F, ndix & pages 293.299) 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 NAD - 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. 11S1588-4 ADI Lab. No. 6584 Type of Materia: Vinyl tile Color. Brown Type(s) of asbestos present 1. NAD Percentage_ 2. Percentage Other fibrous material present None Other norrfibrous material present Granular minerals; vinyl resins Analyst's comment, if applicable: Ash. Sample Na 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. �. � �� !� .� �� r r � � .r � Ate. it. ►�� f/ �� ! �� t �� i �\ r� � �� r� �! Sample No. 11S1588-6 ADI Lab. Na 6586 Type of 1,4ateria:. Vinyl tile Color. Tan/brown Type(s) of asbestos present 1. Chrysotile Percentage: 1-5% 2. Percentage Other fibroin material present . None 0 -.her non-fibrous material present Granular minerals-, vinyl resins AnalvsL s comment, if applicable Ash. 1 11-21-90 R. FrauenbergerL Date Analyst Approved By 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, �ndix A pages 293-299) Client Name Southern Counties oil Client Address P.O. Box 4159 Orange, CA 92613 NAD - 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 .rr �� ..r �.,.� iA �� ter.. �� r �. m.A• r� �r �� r+� .�� .�� w �� rr� �� .rte r �� . �� .r. Sample No. 1151588-6A ADI Lab. No. 6586A Type of Materia': Mastic on sample 6 Color. Black Type(s) o` asbestos 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 err Sam � J r � w r 0-0 w mum 0-0 r—a Sample No. 11S1588-7 ADI Lab. No. 6587 Type of Material: Vinyl tile Color. Brown Type(s) of asbestos present 1- NAD Percentage: 2. Percentage Other fibrous material present Cellulose less than 10 Other non-fibrous material present Granular minerals; vinyl resins AnaIyst's comment, if applicable N/A owm 0o o yam r =MW � � M-0 r M. � rro mm" amm" =� ww� OMM Sample No. 11S1588-8 ADI Lab. No. 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 non-fibrous material present Granular minerals Analyst's comment, if applicable Subsamples analyzed separately and, combined for reporting. ..e ..s ....: s.r ..o. wa _ _ ....s .rwc a.ec as.cs ra.w .�ca .w r .,........� .,.......r ..,. w w� �e .....� v w ....� �� .a:.rte■ �•� �� i s� some 4� 11-21-90 R. Frauenberger v'� �- Date Analyst Approed y Ti E C— 1 1 — 'D 0 T 1_1 E 1 C, F: �_� 1_I �: F E l.1 i_i i_1 _I R 11 F F DECEMBER 11, 1990 PATE: mw RECEIVEC) -- DEC A 1 �o 1TY my"tvrw"•.... x�er -- Com CHRISTINE SHINGLETON, DIRECTOR OF COMMUNITY 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 Mrs. Greinke for any claim 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 Mr. 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 floor the properly disposed of and for the City to pay up to $x.,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 matter is limited to just the foregoing. if the City Council is inclined to resolve this natter so as to avoid any further problems, liability, legal action, etc., we would recommend that it do so only upon a very precise agreement being entered into with Mr. and Mrs. Greinke which would expressly limit the responsibilities of the City to those two obligations proposed by Mr. Greinke. For that purpose, we submit for the Council's consideration a draft of such a proposed agreement. rj4- 0 J M G . ROU'RKE City Attorney JGR/kbg:R:12/11/90(A1777.ks) cc: WH Post -It"' brand fax transmittal memo 7071 of pages 10 To From Co. Co. Dept., 9� Fax # Fax 0 Ti E C_ - 1 1 - •_+ 0 T I_I E 1 2=- 1 F' C1 I_I R F=:: E LJ ID 1D D F.' I_I.)= F This AgreeMent is made Greinke and Margaret Greinke as "Greinke") and the City (hereinafter referred to a day of AGREEMENT P _ C1 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. 2n approximately 1978 City sold to Greinke a certain factory constructed, modular structure that had served as an off ice building as part of the City Mall complex for the approximate sum of $ (this building is referred to hereinafter as the "Building"). From the time the Building was acquired by Greinke until sometime 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 Peal in the City of Tustin as a headquarters office for Southern Counties Oil Company. Southern Counties Oil. Company has now sold the property at Newport Avenue dnd E1 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 sore 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 the 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 incur substantial, legal expense and Greinke is certain that he would prevail in such litigation. City, in order to resolve and settle the matter and buy its peace and without admitting the truth, accuracy or correctness of any of the foregoing, has agreed to the following: in consideration of the mutual promises and agreerents specified hereinafter, the parties hereby promise and agree as follows: 1. City will apply for permits necessary to permit the legal and proper removal and demolition of the floor the alleged to contain asbestos and contained in a room of approximately six feet by eight feet in the Building. T+ E i_ - 1 1 - '_, Cl T 1_1 E 1 1 F- C_1 I_I F' F::- E ::: LJ C_1 0 D R I_I F F F' _ 0 Y 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 the in a legal manner, provided, however, anything and everything to the contrary above notwithstanding, the complete obligation and duty of City shall be limited to the filing and processing of applications for the permits described above and the removal and demolition, of the floor tile alleged to contain asbestos at a cost and expense to City not to exceed One Thousand Dollars ($i, 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 corporation BY: Mayor BY: City Clerk STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) FRANK GREINKE and MARGARET GREINKE BY: Frank Greinke BY: Margaret Greinke On , 19 , before me, the undersigned, a Notary public in and for said State, personally appeared: ;and known to ne to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. Witness my hand and official seal.