HomeMy WebLinkAboutAgenda Report - December 19, 2012 C-13AGENDA ITEM Com' 3
CITY OF LODI
COUNCIL CONIMiJNICATION
N
AGENDA TITLE: Adopt Resolution Authorizing the City Managerto Execute a Purchase Agreement
with GFLIP III, Limited Partnership, L.P., a California Limited Partnership, for
Property Located at 16 and 40 South Cherokee Lane, Lodi, California and
Appropriating Funds ($440,000)
MEETING DATE:
PREPARED BY:
December 19,2012
City Manager
RECOMMENDEDACTION: Adopt resolution authorizing the City Managerto execute a
purchase agreementwith GFLIP III, Limited Partnership, L.P., a
California Limited Partnership, for property located at 16 and 40
South Cherokee Lane, Lodi, California and appropriating funds ($440,000).
BACKGROUND INFORMATION: As the City Council is aware, staff has been searching for alternative
sites in order to replace Fire Station #2. We have conducted a
thorough evaluation of possible locationswhich meet both size and
configuration requirements as well as technical needs of the Fire Department. The site proposed meets
all needs outlined.
The City Council gave direction to negotiatewith the property owner regarding the purchase of the
property. Negotiationswere successful at the appraised value of $400,000. The potential close of escrow
would take place prior to the end of the calendar year. Appropriations of $440,000 are requested to
cover purchase, closing and ancillary costs.
FISCAL IMPACT: Property acquisition required for Fire Station #2.
FUNDING AVAILABLE: Requested Appropriation:
General Fund Capital Outlay Fund (1211045): $440,000
Jordan Ayers, De ty City Manacfer/Internal Services Director
K ra t Bartlam
City Manager
Attachment: Purchase Agreement
Exhibits
APPROVED:
radt Bartlam, City Manager
CONTRACT FOR ACQUISITION OF REAL PROPERTY
GFLIP III Limited Partnership, L.P., a California limited partnership (hereinafter referred to as
"Grantor") has agreed to sell to the City of Lodi, a municipal corporation (hereinafter "Grantee")
the real property described in Exhibit A attached hereto and incorporated herein by reference,
commonly referred to as 16 and 40 South Cherokee Lane, located in the City of Lodi, San
Joaquin County, California and designated as Assessor's Parcel Number 043-230-12 &13, and
all improvements and other property located thereon, and all of Grantor's rights in easements
serving the same (all of such property being collectively hereinafter referred to as the "Parcel"),
and Grantee has agreed to purchase the same, on the terms and conditions set forth in this
Contractfor Acquisition of Real Property (hereinafter, this "Agreement").
In consideration of which, and the other considerations hereinafter set forth, it is mutually
agreed as follows:
Purchase Price
The purchase price for the Parcel is Four Hundred Thousand and 00/100 U.S. Dollars
($400,000.00) (hereinafterthe "Purchase Price")
2. Closing Date
The closing date shall be on a date mutually agreed upon by the parties (hereinafterthe
"Closing Date"), but in no event later than December 31, 2012. The agreement of the
parties on the Closing Date will be set forth in the mutual escrow instructions to be
delivered to Escrow as provided in Paragraph 4 below.
3. AS IS
Except for the environmental indemnity provisions in Paragraph 7 of this Agreement,
Grantee agrees to buy the Parcel in its "AS IS" condition.
4. Escrow and Closing Costs
Grantor has opened an escrow (hereinafter "Escrow") with Old Republic Title Company,
Order Number 1212014405 -LK (hereinafter the "Escrow Holder"). The parties will
mutually provide escrow instructions to Escrow Holder to carry out the terms of this
Agreement.
Grantor shall pay Franchise Tax Board withholdings, if any.
Each of Grantor and Grantee shall pay one half of: all escrow fees and costs (including
the cost of preparing the Grant Deed), recording fees, the title insurance policy premium
for a standard ALTA Owner's policy (the "Title Policy"), and the Documentary Transfer
Taxes payable to the City of Lodi and San Joaquin County.
Grantor's payments will be made by Escrow Holder, using the Purchase Price proceeds,
out of Escrow. Grantee's payments will be deposited by Grantee with Escrow.
5. Conditions to Closing
The following are conditions to closing of Escrow:
A. Deliveries by Grantor
No later than two (2) business days prior to the Closing Date, Grantor shall deposit
into Escrow: (i) a duly executed and acknowledged standard form of Grant Deed,
without any express warranties, conveying the Parcel to Grantee (hereinafter the
"Grant Deed"), and (ii) an owner's affidavit as required by Escrow Holder to enable
Escrow Holder to issue the Title Policy.
B. Deliveries by Grantee
No later than two (2) business days prior to the Closing Date, Grantee shall deposit
into Escrow (i) the Purchase Price, (ii) Grantee's share of fees and costs as provided
in Paragraph 4 above, (iii) a duly executed acceptance or resolution of acceptance of
the Parcel for public purposes as may be required by the San Joaquin County
Recorder's Office to record the Grant Deed; (iv) a duly executed Preliminary Change
of Ownership Report (PCOR) for filing with the Grant Deed; and (v) the written
acknowledgement referenced in Paragraph 5.C(3) below.
C. Other Liens, Encumbrances and Interests in the Parcel
(1) All holders of liens and encumbrances on the Parcel have received full payment
for all principal and interest due to them or have consented to payment to the
Grantor and have executed a reconveyance of their interest in the Parcel;
(2) All other parties having an interest in the Parcel have received payment therefore
or have consented to a payment to Grantor; and
(3) Grantee has acknowledged in writing that it concurs that all other parties having
interest in the Parcel have received full payment or have consented to disbursement
to Grantor.
D. Title Commitment
Escrow Holder is committed to issue the Title Policy showing that, upon recordation
of the Grant Deed, Grantee owns fee simple title to the Parcel, subject only to the
following exceptions shown on that certain Preliminary Report, dated as of October
16, 2012 at 7:30 AM, issued by Escrow Holder to Geweke Asset Management:
(1) Exceptions 1 through 4, provided that all such taxes and assessments shall be
shown as paid currentthrough and includingthe day priorto the Closing Date;
(2) Exception 5 (easement in favor of City of Lodi), and any other easements or
rights of way over the Parcel for public or quasi -public utility or public street
purposes;
(3) Exception 6 (Notice of Adoption of Redevelopment Plan for the Lodi
Redevelopment Project No. 1), and any other covenants, conditions, restrictions
and reservations of record; and
(4) Exception 9 (water rights, claims or title to water, whether or not shown by the
public records).
6. Closin
Upon confirmation by the Escrow Holder that the closing conditions set forth in
Paragraph 6 have been satisfied, on the Closing Date Escrow Holder shall:
(1) Pay the closing fees and costs from the sums held in Escrow to the parties
entitled thereto;
(2) Pay any taxes and assessments on the Parcel current through and including the
day before the Closing Date from the sums held in Escrow (taxes and
assessments for the tax year in which Escrow closes shall be cleared and paid in
the manner reauired by Section 5086 of the California Revenue and Taxation
Code);
(3) Record the Grant Deed;
(4) Pay the balance of the sums held in Escrow to Grantor (mode of payment to be
separately specified by Grantor to Escrow Holder); and
(5) Issue the Title Policy to Grantee.
Grantee shall have the irrevocable right to take possession of the Parcel immediately
upon recordation of the Grant Deed, or earlier if agreed to in a writing signed by Grantor
and Grantee.
In the event that Escrow does not close by December 31, 2012, Escrow Holder shall
hold all documents and funds deposited in Escrow pending mutual instructions from the
parties hereto on how to the proceed.
7. Environmentallndemnity
For a period of three (3) years following the close of Escrow, Grantor agrees to defend,
indemnify and hold harmless Grantee from any and all regulatory orders, judgments or
awards issued by or in favor of the federal or California state government or any agency
thereof resulting from any environmental contamination which existed on or under the
Parcel at the close of Escrow, including all cost and expense in responding to or
complying with any such orders, judgment or awards; provided, however, this Paragraph
7 shall not apply to any prior or existing environmental contamination relating to the
underground storage tanks that previously existed on the Parcel. Grantor represents
and warrants that the underground storage tank closing documents set forth in Exhibit B
to this document ("Closing Documents") are true and correct copies of the originals
thereof. The Closing Documents are made a part hereof by reference. Grantee has
reviewed those documents and, subject to the accuracy of Grantor's representation and
warranty regarding the Closing Documents, accepts any and all risks and liabilities
relating to any prior or existing environmental contamination relating to the underground
storage tanks that previously existed on the Parcel.
8. Entire Agreement: Survival
This Agreement evidences the entire agreement of the parties hereto regarding the
subject matter hereof. No rights or obligations other than those set forth in this
Agreement will be recognized by the parties hereto. Paragraphs 3, 7 and this Paragraph
8 shall survive delivery of the Grant Deed and the closing.
IN WITNESS WHEREOF, the parties have executed two (2) counterpart originals of this
Agreement on the day of December, 2012, at Lodi, San Joaquin County, California.
Grantee:
City of Lodi, a municipal corporation
Attest:
Konradt Bartlam
City Manager
.Y.
Randi Johl
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
CITY ATTORNEY
Grantor:
GFLIP III Limited Partnership, L.P., a
California limited partnership
By:
Daryl Geweke, Co -Trustee of The Daryl Geweke
and Opal Geweke Family Trust, underTrust
Agreement Dated April 20, 1988, as amended
Its: General Partner
By:
Opal Geweke, Co -Trustee of The Daryl Geweke
and Opal Geweke Family Trust, under Trust
Agreement Dated April 20, 1988, as amended
Its: General Partner
EXHIBITA
Legal Description
The land referred to is situated in the County of San Joaquin, City of Lodi, State of California,
and is described as follows:
PARCEL I:
Lot 1 of Lodi Trotting Park, according to the Official Map of Survey filed December 1, 1937 in
Book of Surveys, Volume 4, Page 255 San Joaquin County Records, more particularly described
as follows:
Beginning at the intersection of the North line of said Lot 1 and the East line of State Highway
known as U.S. Highway No. 99, as said State Highway is now located; running thence South
along the East line of said State Highway, a distance of 259.56 feet; thence South 87° 40' East
201.76 feet to the East line of said Lot 1; thence North 2" 09'30" West 270.19 feet to the
Northeast corner of said Lot 1; thence West along the North line of said Lot 1, a distance of
201.35 feet to the point of beginning.
EXCEPT the North 130 feet thereof, said exception having a frontage of 130 feet on the Easterly
line of U.S. Highway 99 and having a uniform depth extending to the Easterly line of the
property above described.
PARCEL 11:
Also a right of way for all purposes of passage and public utilities over the East 10 feet of the
North 130 feet of Lot 1 of Lodi Trotting Park, according to the Official Map of Survey filed on
December 1, 1937 in Book of Surveys, Volume 4, Page 255, San Joaquin County Records.
APN: 043-230-13
PARCEL 111:
Lot 2, Lodi Trotting Park, filed for record February 18, 1891, in Book of Maps and Plats,
Volume 2, Page 5, San Joaquin County Records.
Except that portion thereof lying South of the North Line of Oak Street, also except that portion
thereof conveyed for State Highway purposes by Deed recorded February 18, 1931, in Book of
Official Records, Volume 357, Page 405 San Joaquin County Records.
APN: 043-230-12
EXHIBIT B
UST Closing Documents
1. No Further Action letter, dated October 26, 2010, from the California Regional Water
Quality Control Board Central Valley Region, to Geweke Land Development and Marketing
(1 page)
2. Memorandum re: UST Case Closure, dated October 18, 2010, from the California Regional
Water Quality Control Board Central Valley Region, to Geweke Land Development and
Marketing (6 pages, including Table 1 attached thereto).
L
Linda S. Adams
Secretaryfor
Environmental
Protection
26 October 2010
California Regional Water Quality Control Board
Central Valley Region
Katherine Hart, Chair
11020 Sun Center Drive #200, Rancho Cordova, California 95670-6114
Phone (916) 464-3291 • FAX (916) 464-4645
http://www.waterboards.ca.goWcentralvalley
Mr. Dale Gillespie
Geweke Land Development and Marketing
PO Box 1210
Lodi, CA 95241
(a
Arnold
Schwarzen egger
Governor
NO FURTHERACTION REQUIRED, UNDERGROUND STORAGE TANKS, CLEANUPAND
ABATEMENT ORDER (CAO) NO. 93-701, GEWEKE PROPERTY, 16 SOUTH CHEROKEE LANE,
LODl, SAN JOA QUIN C O U N N (CASE # 390006).
This letter confirms the completion of a site investigation and corrective action for the underground
storage tanks that were removed at the above-described location. Thank you for your cooperation
throughout this investigation. Your willingness and promptness in responding to our inquiries concerning
the underground storage tanks are greatly appreciated.
Based on the information in the above -referenced file and with the provision that the information
provided to this agency was accurate and representative of site conditions, this agency finds that the site
investigation and corrective action carried out at your underground storage tank(s) site is in compliance
with the requirements of subdivisions (a) and (b) of Section 25296.10 of the Health and Safety Code and
with corrective action regulations adopted pursuant to Section 25299.3 of the Health and Safety Code
and that no further action related to the petroleum release(s) at the site is required.
This notice is issued pursuant to subdivision (g) of Section'25296.10 of the Health and Safety Code.
On 15 March 1993, the Executive Officer of the Central Valley Regional Water Quality Control Board
(Central Valley Water Board) issued Cleanup and Abatement Order No. 93-701 (CAO) to Geweke Land
Development and Marketing for their site at 16 South Cherokee Lane in Lodi (Site). Geweke Land
Development and Marketing have completed all tasks required by the CAO, have properly abandoned all
wells under permitfrom the San Joaquin County Environmental Health Department, and have restored the
propefty through removal/deactivation of all groundwatertreatment equipment at the Site. Therefore, the
CAO is hereby rescinded.
Please contact Mr. James Barton by phone at (916) 464-4615, or via e-mail at
ibartonCa).waterboards.ca.gov if you have any questions regarding this matter.
PAMELA C. CREEDON
EXECUTIVE OFFICER
Enclosures (Memorandum and NFAR Checklist)
cc w/encls.: Geri Young -Love, SWRCB UST Cleanup Fund, Sacramento
Adrienne Ellsaesser, San Joaquin County Environmental Health Department, Stockton
Brian Millman, Advanced GeoEnvironmental Inc., 837 Shaw Rd., Stockton 95215
California Environmental Protection Agency
Ca Recycled Paper
Linda S. Adams
Secretary for
Environmental
Protection
TO:
va11ivri11a rNOWIV111101 WWOLVI viwair.vy vv11L1v1 uvaIaa
Central Valley Region
Katherine Hart, Chair
11020 Sun Center Drive #200, Rancho Cordova, California 95670-6114
Phone (916) 464-3291 • FAX (916) 464-4645
http://www.mateAmards.ca.govloentralvalley
File: Geweke Land Development FROM: Jim Barton
and Marketing Engineering Geologist
16 South Cherokee Lane UST Unit 2
Lodi, San Joaquin Co.
(W
Arnold
Schwarzenegger
Governor
SIGNATURE:
DATE: 1.8 October 2010
SUBJECT. UST CASE CLOSURE, GEWEKE LAND DEVELOPMENT AND MARKETING.
16 SOUTH CHEROKEE LANE, L.ODI, SAN JOAQUIN COUNTY- (CA # 390006).
Site Background
Geweke Land Development and Marketing (Geweke) property (Site) is currently a vacant used
car dealership located on the northeast corner of South Cherokee Lane and East Oak Street
in Lodi, San Joaquin County (Figure 1). Geweke purchased the former Gas and Save service
station from San Diego Armour Oil Company (SDAOC) in September 1985 and converted the
property into Geweke Ford Used Cars.
Prior to September 1985, two 10,000 -gallon and one 6,000 -gallon gasoline and one
1,000 -gallon waste off underground storage tanks (USTs) were removed by SDAOC from the
Site. Confirmation soil samples were not collected during the UST removals; however, in
September 1985, one monitoring well (MW -1) was installed in the waste oil UST tank pit.
Subsequently from October 1985 through October 2005, twenty one additional monitoring
wells (MW -2 through MW -22) and fifteen remediation wells (VW -1 through VW -7, OW -1
through OW -6, OW- IRthat replaced damaged OW -1, and EW- 1)were installed at the Site
(Figure 2). Maximum groundwater monitoring results are reported in micrograms per Liter
(ug/L) in Table 1 below.
Sample Date
TPHg
Benzene
Toluene
Ethylbenzene
Xylenes
1,24CA
TBA
September .1985
NA.
20
10.
NA
NA
NA
NA
October 1985
56,000
7,400
624
NA
4;960
NA
NA
February -July
1986
11,000
1,100
1,100
1,500
13,000
NA
NA
June 1993
8,800
770
120
1.3
240
50.6b
NA
March 1998
1,400
3.2
1.6
X6,3
21
500
80
March 2004
4,40.0
12
2.8
56
268
40
54
July 2009
3,300
NDO
ND
18
92
ND
ND "
1: TPHg =total petroleum hydrocarbons as gasoline 2: 1,2 -DCA = 1, 2-dichloroethane 3: TBA =.tertiary butyl alcohol
4: NA = not analyzed 5:1,2 -DCA analyzed by Regional Board lab during split groundwater sampling 6: ND = non -detect result
California Environmental ProtecfionAgency
co Recycled Paper
Geweke Land Development and Marketing - 2 -
16S '. Cherokee Lane
Lodi, San Joaquin County
18 October 2010
Sample Date
TPHg
Benzene
Toluene
Ethylbenzene
Xylenes
1,2-13CA
September -
October 1985'
214.5
7.76
3,709
29.9
111
NA
July 1986
1,100
17
36
ND
97
NA
April -October
19933
4,329
85
205
108
209
NA
March-
December 19954
7,347
45
360
1JU570
NA
June 19970
4,900
23
220
110
510
NA
February 1999
5,900
6.8
120
49
690
NA
The 31 July 1991 PAR recommended groundwater extraction as a feasible remediation
technology; however the remediation was not implemented and groundwater monitoring
continued at the Site.
On 15 March 1993, -CAO 90-702 was rescinded and CAO 93-701 was'issued by the Regional
Board Executive Officer. CAO 93-701 required quarterly monitoring, submittal of a workplan to
complete delineation of the groundwater plume, submittal of a final remediation plan (FRP)
and operation of the approved remediation system.
Regional Board staff collected split groundwater samples from the monitoring wells on
1 April 1993 and 7 April 1993. In addition to the previously reported petroleum hydrocarbons,
the Regional Board contract laboratory also reported 1, 2 -DCA (see Table 1 above),
1,1,1--trichlorethane, and tetrachloroethylene (PCE) in groundwater. A 27 July 1993 Report of
Waste Discharge (ROWD) was submitted to Regional Board staff for Waste Discharge
Requirements (WDRs) for a permit to conduct bio -inoculation (injection) of soil by petroleum
hydrocarbons degrading bacteria. The 30 July 1993 FRP recommended bacteria injections
(inoculums)for an in-situ bio-remediation(Bio) of soil and groundwater. The Bio was initiated
on 17 August 1994, when 1,200 gallons of inoculumswere injected into selected wells at the
VeweKe Ldf 1U UUVeIU(Jf l lef 11 d1 JU IVIdI KUL111Y. -3-
16
3-
16 S. Cherokee Lane
Lodi, San Joaquin County
10 UULUUer ZU i U
site. Liquid hydrogen peroxide was introduced to select wells three times between May 1998
and January 1999 into select wells, to increase dissolved oxygen levels. In a 6 June 2001
meeting, Regional Board staff and the consultant concluded that Bio had reduced soil
contamination; however, Bio had no affect on groundwater, as concentrations were not
declining to the levels needed for closure -and rescission of CAO 93-701. On 27 June 2001, a
revised Monitoring and Reporting Program was issued by the Regional Board Executive
Officer, which ceased Bio constituents monitoring and reduced groundwater monitoring
frequencies.,
The 24 May 2002 Cone Penetrometer Testing ReportAddendum for soil and groundwater
identified TPHg contamination down to 134' below ground surface (bgs) and benzene down to
75' bgs, and recommended installation of clustered monitoring wells to define vertical extent of
contamination. An 18 July 2002 workplan was approved, and deep monitoring wells MW -15
through MW -19 were -installed December2002. h April -2.004; three -ozone injection wells
(OW -1 through OW-3)were installed (Attachment 2). The approved ozone injection pilot
study, conducted from October 2004 through March 2005, was deemed successful, and in
September 2005, four additional ozone injection wells (OW -I R, OW -4 through OW -6) were
installed for the full scale onsite remediation. However, petroleum hydrocarbons
concentrations in groundwater at offsite monitoring well MW -9 did not decline in response to
ozone injection, due to MW -9's distance from the ozone injection wells. In-situ chemical
oxidation (ISCO)was proposed in January 2007 for MW -9, and a 10 December 2008 workplan
for an ISCO pilot study was approved; however, the lack of funding due to the State Board
UST Cleanup Fund payment delays resulted in no implementation of /SCO at MW -9. Onsite
ozone injection ceased in December 2006. However, groundwater concentrations began
rising significantly onsite by February 2007 and offsite in MW -9 by May 2007. Ozone injection
resumed in March 2007 and continued until December 2008, when a second rebound test was
conducted. Since December 2008, groundwater concentrations have not rebounded
significantly, and are showing a slow declining trend with seasonal concentration spikes in
onsite MW -14' and offsite MW -9. On 30 June 2009, maximum groundwater monitoring
concentrations were TPHg, 3,300 ug/L (MW -9); ethylbenzene, 18 ug/L (MW -14); and xylenes,
92 ug/L (MW -14).
Risk Assessment
Investigations to date show the bulk cf onsite soil contamination existed from 15' bgs down to
60' bgs, where the consultant determined residual soil contamination poses minimal risk to
human health from direct exposure, and over 50' west of the used car lot offices. The
10 November 2009 Soil Vapor Investigation Report (SVI Report,) compared soil vapor sample
results from three sample locations between MW -9 and the adjacent Lodi Adult School with
the San Francisco Bay Regional Water Quality Control Board Environmental Screening Levels
(ESLs). All soil vapor results were non -detect at reporting limits below the ESLs, the SVI
Report conclusions show no risk from vapor intrusion to the nearby Lodi Adult School, and
when extrapolating the soil vapor results, no vapor intrusion risk exists onsite. The consultant
determined that residual petroleum hydrocarbons in groundwater did not pose a significant
threat to human health or the environment. Land use (commercial and school zone) is not
expected to change in the foreseeable future.
Geweke Land Developmentand Marketing - 4 - 18 October 2010
16 S. Cherokee Lane
Lodi, San Joaquin County
Sensitive Receptor Survey
The Closure Summary Report identified 1 irrigation well and 1 inactive municipal well within
2000' of the site, and one active municipal well located 900' southeast of the site. The nearest
surface water body, the Mokelumne River, is over 2000' north (upgradient) of the Site. The
consultant determined that sensitive receptors are not threatened by residual groundwater
contamination.
Site Geology and Hydrogeology
The Closure Summary Report listed Site soils as inter -fingered beds of gravels, sands, silts
and clays down to 145' bgs, the total depth investigated. From 1985 to 2008, depth to water
varied from approximately 42' bgs to 63' bgs, with water table elevations ranging from
approximately 17' below mean sea level (msl) to 2 feet above msl. The downgradient
groundwaterflow direction was predominantlyto the south. The groundwater gradient varied
from 0.001 ft/ft to 0.002 ft/ft.
Residual Mass Calculation
Initial estimates for TPI -Ig in soil were 3,554 gallons, prior to Bio remediation and 5 gallons of
TPI -Ig in groundwater, prior to ozone injection. The Closure Summary Report estimated
315 gallons of TPI -Ig remain in soil, and 1.8 gallons of TPI -Ig remain in groundwater.
Summary and Recommendations
Geweke has complied with all of the requirements in CAO 93-701 and in the Regional Board
staff letters. Concentrations of petroleum hydrocarbons have decreased significantly over
approximately 70 monitoring events since groundwater monitoring started in 1985.
On 30 June 2009, maximum groundwater monitoring concentrations were TPHg, 3,300 ug/L;
ethylbenzene, 18 ug/L; and xyleries, 92 ug/L. The consultant estimates groundwaterwill reach
WQGs within twenty three years. The City of Lodi Public Water Service office was contacted
on 15 December 2009; and there are no current plans to use the groundwater prior to
reaching WQGs. Moreover, the City installs sanitary seals to between 200' and 250' depth to
lessen communication between the primary drinking water aquifer and shallow groundwater.
The petroleum hydrocarbons plume has been defined both laterally and vertically, and poses
minimal risk to sensitive receptors, human health, or other beneficial uses of groundwater in
the area.
Based on the minimal residual contamination in soil and groundwater, lack of threats from
vapor intrusion, declining soil and groundwater petroleum hydrocarbons concentrations,
compliance with the tasks of Regional Board enforcement orders and directives, and a well
defined vertical and lateral extent of pollution, no further action is warranted for the Site. Staff
recommends rescission of CAO 93-701 and closure of this Site. The required public
participation comment period was completed, including the nearby Lodi Adult School, on
Geweke Land Developmentand Marketing - 5 -
16 S. Cherokee Lane
Lodi, San Joaquin County
18 October 2010
1 July 2009 with no adverse comments. Thirty six remaining monitoring and remediation wells
were properly abandoned on 15 July 2010.
Attachments: Attachment 1: Site Location Figure 1
Attachment 2: Site Plan with former USTs and Well Locations Figure 18
Site Name and Location:
Geweke Land Developmentand Marketing, 16 South Cherokee Lane, Lodi, San Joaquin County
(RB #390006)
Y J
1. Distance to production wells for municipal, domestic,
A 2000 sensitive receptorsurvely identified / irrigation,
and and 1 inactive pub is supply located
agriculture, industry and other uses within 2000 feet of the site.
1 active well
within 2000' of the site. The nearest downgradient well
(active public supply 900' to southeast) is not threatened.
Y
2. Site maps, to scale, of area impacted showing locations of
In 1985, two 70, 000 -gallon and one 6, 000 -gallon gasoline,
any former and existing tank systems, excavation contours and
and one 1,000 -gallon waste oil US Ts system were
sample locations, boring and monitoring well elevation
removed from the site.
contours, gradients, and nearby surface waters, buildings,
streets, and subsurface utilities;
Site frthology-consists-of-clay, silt, sand-and�rav�ei-fo
Y
3. Figures depicting lithology (cross section), treatment system
diagrams,
145'bgs, the total depth investigated.
N]
-ce
volume the soil
5. Monitoring fate;
Twenty two monitoring wells (MW -1 through MW -22), and fourteen
wells remaining on-site,
remediation wells (VW -1 through VW -7, OW -IR through OW -6 and EW -1)
wereproperly abandoned on 15 July 2010.
_J_J
and analyses: V
❑ Detection limits for confirmation
sampling
❑Y Lead analyses
8. rice ntration contours of rr ntam nants found and t h- remainii in it and
The exfenf of the identified
groundwater, c both on-site and J site
contamination shown in applicable
L
reports.
Lateralard V tE of soil
Lateral 3 Vertical extent of groundwater contamination
Y
. Zi r f fE r ;; Y f fc sut h mediation
Soil i aper e) ,tra :tion , r sparying,
system and the zone of capture attained for the soil and groundwater remediation
li solution jei it
}stem;
groundwater :tic and ozone
injection were the engineered
remediation.
u u
0 0
Y 111.
Best Available Technology(BAT) used or an explanation for not USTsremoval; SVEIAS; bacteria sowinjection,
using BA T* ozone injection, batch groundwater extraction, and
natural attenuation.
y
vrr'attainable using BAT,
s calculation substance
13. Mas balanceof treated
The consultant estimates 19,670 lbs of TPHg removed from soil and
30.51 lbs. of TPHg removed from groundwater..Approximately
versus that remaining;
1,967 lbs of TPH remain in soil and 11.74 lbs remain in groundwater.
14. Assumptions, parameters, calculationsand
A soil vapor surveypassed the Region 2 commercial vaporESLs and
model used in risk assessments, and fate and
CalEPA CHHSLs. Residual TPHq in soil exceeded the gross
trans ortmodelin ;
c tf r'natJ c 1 14 i eci contact ESLs. but is located below 15 bas.
15. Rationale why conditions remaining at site
Soll and'aroundwater contamination tedly is limited in extent.
J
will not adversely impact water quality, health, or
Land use (commercial) is not expected to change in the foreseeable
other beneficial uses; and
future. Vaporintrusion and soil risk has been addressed. Waferqualify
By;
JLB�
Comments: In 1985, two 10,000 -gallon and one 6,000 -gallon gasoline, and one 1,000 -gallon waste oil USTs
system were removed at the subject Site. Based upon72 quarters cfgroundwater monitoring showing a
Date:
stable plume with declining concentrations, no threats to nearby domestic wells, the limited extent of
9/22/2010
contamination remaining in soil and groundwater, no foreseeable changes in land use, and limited threats
from groundwater, soil and soil vapor intrusion, Regional Board staff recommend UST case closure.
1. AA#
2. JV#
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2012-203
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGERTO EXECUTEA PURCHASE AGREEMENT FOR
PROPERTY LOCATEDAT 16AND 40 SOUTH CHEROKEE LANE
WITH GFLIP III LIMITED PARTNERSHIP, L.P., A CALIFORNIA LIMITED
PARTNERSHIP, FOR FIRE STATION#2, AND FURTHER
APPROPRIATING FUNDS FOR THE PURCHASE
WHEREAS, City staff has been searching for alternative sites for the
replacement of Fire Station #2; and
WHEREAS, staff has also conducted a thorough evaluation of possible locations
that meet both size and configuration requirements as well as technical needs of the
Fire Department; and
WHEREAS, the proposed site meets all the required needs; and
WHEREAS, the City of Lodi did not contemplate the use of eminent domain in
connection with this negotiated purchase.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Purchase Agreement for property located at
16 and 40 South Cherokee Lane (APN 043-230-12 and 043-230-13) with GFLIP III
Limited Partnership, L.P., a California limited partnership, in the amount cf $440,000;
and
BE IT FURTHER RESOLVED that funds in the amount of $440,000 be
appropriated from the General Fund Capital Outlay Fund for this purchase.
Dated: December 19, 2012
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hereby certify that Resolution No. 2012-203 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held December 19, 2012, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce,
and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
RANDI JOHL
City Clerk
2012-203