HomeMy WebLinkAbout2010 CON CDC Dept. of Toxic Substance Control - Westside Transit Oriented Development SiteNOTE TO FILE
01-19-11
IN THE MATTER OF: Resolution of the CDC of the City of
National City authorizing the appropriation of funds in the
amount of $75,000, and authorizing the Chairman to execute
an Environmental Oversight Agreement with the California
Department of Toxic Substance Control to provide qualified
oversight for Environment Remediation Planning and
implementation for the West Side Affordable Transit -oriented
Development Site. Please note the following:
A FULLY EXECUTED ORIGINAL AGREEMENT WAS
NEVER FILED WITH THE OFFICE OF THE CITY CLERK
ORIGINATING DEPARTMENT: X CDC Housing & Grants
_ City Attorney _ Human Resources
_ City Manager _ MIS
_ Community Svcs. _ Planning
_ Engineering _ Police
Finance Public Works
Fire
NTF
Environmental Oversight Agreement
For the Community Development Commission of the City of National City
Redevelopment Agency
Contract No.
1. INTRODUCTION
This Environmental Oversight Agreement (Oversight Agreement) is made between the Redevelopment
Agency of the Community Development Commission of the City of National City, and the California
Environmental Protection Agency, Department of Toxic Substances Control (DISC). The Parties intend
by this Oversight Agreement to establish a mutually beneficial working relationship and to cooperatively
address Brownfields properties in National City. The Agency and DTSC both share the mission to
revitalize and reuse Brownfields properties to address known or perceived environmental contamination
and in order to provide significant benefits to the economy and health of surrounding communities. DTSC
is committed to working in partnership with communities to restore contaminated properties to productive
use, while ensuring that cleanups are protective of public health and the environment. The agency
intends to alleviate the causes and effects of blight through the construction of infrastructure
improvements, improvement or construction of public facilities and public uses, promoting improvements
in commercial, industrial and residential areas, removing or alleviating the negative effects of hazardous
substances and improving, increasing and preserving the community's housing stock.
The Oversight Agreement outlines two different scopes of work and broad approaches for DTSC to
provide technical consultation, site investigation and remediation activity support. The intent of the
Oversight Agreement is to establish a collaborative process that (1) provides a flexible process based
upon the Redevelopment Agency's needs for the project; (2) ensures the investigation and cleanup are
conducted in an environmentally sound manner; (3) requires a cleanup that results in a property that is
safe for redevelopment; and (4) can provide liability relief for redevelopment agencies that complete the
site characterization and cleanup process. Under this Program, DTSC can also provide consultative
services to an Agency.
The Agency will select the specific Scope of Work that it believes addresses its particular needs
depending on whether the Agency is seeking (1) technical consultation only from DTSC (Exhibit C), or
(2) DTSC assistance and response and remediation oversight in cases where the Agency intends to
proceed under the Polanco Act or other applicable laws as determined appropriate by DTSC (Exhibit D).
Under this Oversight Agreement, the Agency may request (and pay for) services without any commitment
to move forward with a project or a Property or group of Properties, and may request early consultation
with DTSC, where desirable.
1.1. Purpose of Agreement: The purpose of this Oversight Agreement is to specify the process which
will be used to evaluate Brownfields properties within the Agency's and DTSC's jurisdiction under this
Oversight Agreement; to identify the properties that will be addressed under this Oversight Agreement; to
facilitate the remediation of Brownsfields properties and to provide a framework for the reimbursement of
DTSC's oversight costs, and to assist the Agency and others in meeting the environmental requirements
to obtain the immunities and protections under the Polanco Redevelopment Act set forth in Health &
Safety Code §§ 33459-33459.8 (Polanco Act), and such other California and federal statutes as may be
appropriate.
1.2. Parties: DTSC and the Agency are collectively the "Parties" to this Oversight Agreement.
1.3 Jurisdiction.
1.3.1 Agency Jurisdiction. The agency has general delegated authority from the State
Legislature to eliminate blight pursuant to the Health and Safety Code. In addition, Health and Safety
Code section 33459.1, subdivision (a)(1) of the Polanco Act authorizes the Agency to take any actions
that the Agency determines are necessary and that are consistent with state and federal laws to remedy
or remove a release of hazardous substances, as defined in Health and Safety Code section 33459(c),
on, under, or from a property located in a "Redevelopment Project Area," as defined in Health and Safety
Code section 33320.1 (Project Area), whether the Agency owns the property or not, if any one of the
conditions in the Health and Safety Code section 33459.1(b) is met. Pursuant to Health and Safety Code
section 33459.1, subdivision (c), even if the conditions in Health and Safety Code section 33459.1 (b) are
not met, the Agency may take actions to investigate or conduct feasibility studies or, if the Agency
determines that the environmental condition of a property requires immediate action, the Agency may
take actions to remedy or remove a release of hazardous substances. The Agency shall submit
satisfactory evidence demonstrating its authority to enter into this agreement to contract with DTSC. Such
evidence should include a resolution, motion or order confirming its authority.
1.3.2 DTSC Jurisdiction. Health and Safety Code section 25201.9 authorizes DTSC to enter into
agreements to perform consultative services for the purposes of providing assistance in complying with
chapter 6.8 of division 20 of the Health and Safety Code. Health and Safety Code sections 33459 -
33459.8 and 58009 authorize DTSC to take proper and necessary actions for the protection and
preservation of the public health as required for the efficient exercise of DTSC's activities under the
Polanco Act.
1.4 Properties. Generally, the property or group of properties that will be the subject of this Oversight
Agreement are within Redevelopment Project Areas of concern to the Agency. A map of the
Redevelopment Project Areas located within the Agency's jurisdiction is attached as Exhibit A. The
specific properties included in this Oversight Agreement ("Property" or group of Properties) will be
identified in Exhibit B, attached to this Oversight Agreement. The Agency may propose new
Redevelopment Project Areas and future properties for incorporation into this Oversight Agreement. If
approved by DTSC, new Redevelopment Project Areas will be incorporated into this Oversight
Agreement and identified in Exhibit A and new Properties or groups of Properties will be incorporated into
this Oversight Agreement and identified in Exhibit B.
2. AGREEMENT
THE PARTIES HEREBY AGREE THAT,
2.0. Activities to be Conducted. DTSC and the Agency will undertake activities as specified in this
Oversight Agreement to provide for Technical Consultation by DTSC related to site investigation,
assessment, remediation and mitigation, or services related to activities to assess hazardous substances
releases as may be necessary or helpful for redevelopment. For each particular Property or group of
Properties, the parties acknowledge and agree that all work performed pursuant to this Oversight
Agreement is intended to be consistent with Health and Safety Code sections 33459-33459.8, or Health
and Safety Code sections 25300-25395.45, as appropriate.
2.0.1. Technical Consultation. Upon the request of the Agency's Oversight Agreement
Manager identified under section 2.4 and subject to availability of DTSC resources, DTSC will provide
technical consultation to the Agency in accordance with the Scope of Work contained in Exhibit C and
Exhibit D, attached to this Oversight Agreement. Exhibit C-1 (Optional Table Listing Consultation
Schedules and Cost Estimates) may also be attached to this Oversight Agreement. Technical
consultation may include, but is not limited to, participating in meetings, conferences, workshops, and/or
conference calls, researching responses to Agency's questions, reviewing existing data and preliminary
reports submitted by Agency or in DTSC's files, conducting site visits and performing general activities to
scope a project, including oversight of preliminary site characterization activities. Technical consultation
does not include oversight of removal, remediation or other site cleanup activities. DTSC's completion of
activities described in the Scope of Work for technical consultation shall constitute DTSC's complete
performance for technical consultation under this Oversight Agreement.
2.0.2 Site -Specific Property Oversight. For each Property or group of Properties subject to this
Oversight Agreement, DTSC will provide review and oversight of the activities conducted by the Agency,
as appropriate, in accordance with the Scope of Work contained in Exhibit D attached to this Oversight
Agreement that is developed by DTSC in consultation with the Agency pursuant to this Section 2.0.2.
Tasks identified for which DTSC will provide oversight will not be implemented until DTSC provides an
approval of that Scope of Work. The Scope of Work in Exhibit D applies to a Property or group of
Properties being addressed under the Polanco Act or other state and federal laws as determined
appropriate by DTSC. The Agency will conduct activities in the manner specified in this Oversight
Agreement in accordance with the mutually agreed upon schedule. The Agency may direct or arrange for
a third party to conduct those activities in the same manner and in accordance with the same schedule.
DTSC will review and provide the Agency with written comments on all Agency deliverables as described
in the Scope of Work. For each Property or group of Properties, DTSC will provide oversight, as
appropriate, of field activities,'including but not limited to observation of sampling and implementation of
Cleanup Plans. DTSC's completion of the activities described in the Scope of Work for each Property or
group of Properties shall constitute DTSC's complete performance under this Oversight Agreement for
that Property or group of Properties.
2.1. Inclusion of Properties. For each Property or group of Properties the Agency proposes for site -
specific activities under this Oversight Agreement, the Agency will submit to DTSC (1) the information
required under Exhibit B for that proposed Property or group of Properties; and (2) any other appropriated
information. DTSC will discuss with the Agency any issues regarding incorporating a proposed Property
or group of Properties into this Oversight Agreement. DTSC will provide written concurrence when it
determines that incorporating a proposed Property or group of Properties into this Oversight Agreement is
appropriate and will develop in consultation with the Agency a separate site -specific Scope of Work, site -
specific cost estimate and schedule for the Property or group of Properties. Upon approval in writing by
both the Oversight Agreement Manager for DTSC and the Agency, a revised Exhibit B, C or D and E for
the Property or group of Properties will be incorporated into this Oversight Agreement
2.2. Amendment of Exhibits. Upon approval in writing by both the Oversight Agreement Manager for
DTSC and the Agency, Exhibit A, B, C, C-1, D, E, F and G may be amended and the Exhibits, as
amended, will be incorporated into this Oversight Agreement.
2.3 Additional Activities. Additional activities to the agreed upon Scope of Work may be conducted
and DTSC oversight provided by amendment to an Exhibit in accordance with sections 2.2 and 2.8. If
DTSC expects additional oversight costs to be incurred related to these additional activities, DTSC will
provide an estimate of the additional oversight cost to the Agency as an amendment to Exhibit C-1 (as
applicable) D, and/or E, as applicable, as provided in section 2.7.
2.4 Oversight Agreement Managers and Project Managers.Maryam Tasnif-Abassi is designated by
DTSC as its Manager for this Oversight Agreement. Patricia Beard is designated by the Agency as
Manager for this Oversight Agreement. Each Party to this Oversight Agreement will provide at least ten
(10) days advance written notice to the other of any change in its designated Oversight Agreement
Manager. DTSC and the Agency may designate a Project Manager for any Property or group of
Properties incorporated into this Oversight Agreement. Both DTSC and the Agency reserve the right to
appoint different Project Managers, pursuant to this Oversight Agreement, for different projects that may
be ongoing at the same time.
2.5 Notices and Submittals.
2.5.1. All notices, documents and communications that are to be given under this Oversight
Agreement, unless otherwise specified, will be sent to the respective Parties at the following
addresses:
To DTSC:
Regional Branch Chief
ATTN: Maryam Tasnif-Abassi, Project Manager
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress CA 90630
To the Agency:
Patricia Beard, Redevelopment Manager
Community Development Commission/Redevelopment Agency
1243 National City Boulevard
National City CA 91950
619-336-4250
pbeard @ nationalcityca.gov
fax — 619-335-4286
2.5.2. The parties will give such notices to known property owners and other parties as required
by applicable law. (See Exhibit B for known property owners for each Property or group of Properties.)
2.6 DTSC Document Review and Approval. If DTSC determines that any report, plan, schedule or
other document submitted for approval pursuant to this Oversight Agreement does not meet the
conditions in this Oversight Agreement or fails to protect public health or safety or the environment, DTSC
will consult with the Agency and either (1) return comments to the Agency with recommended changes or
(2) modify the document, with Agency concurrence, as deemed necessary and approve the document as
modified.
2.7 Payment. An estimate of DTSC's oversight costs for Technical Consultation is contained in
Exhibit C-1 (as applicable) and an estimate of DTSC's oversight costs for each Property or group of
Properties with respect to the Scope of Work described in Exhibit D is contained in Exhibit E. All Parties
understand that a Cost Estimate will be prepared for each Property or group of Properties and
incorporated into this Oversight Agreement per Section 2.1. Such cost estimates shall include all labor,
materials and expenses incurred by DTSC in performing the services contemplated by this Oversight
Agreement and specified in the Scope of Work for such Property or group of Properties. The Parties
understand that the Cost Estimates set forth in Exhibits C-2 and E are estimates and cannot be relied
upon as the final cost figure. The Agency agrees to pay (1) all costs incurred by DTSC in association with
preparation of this Oversight Agreement; and (2) all costs incurred by DTSC in implementing and
providing oversight or conducting other activities pursuant to this Oversight Agreement. Costs incurred
include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of
DTSC's quarterly invoice. DTSC will notify the Agency in writing when it approaches charges of sixty-five
percent (65%) of the total Cost Estimate prepared for a Property or group of Properties. The parties agree
to evaluate the budget to determine if either a revised estimate or scope of work is needed at the time of
the written notice or whether the Agency wishes to terminate as provided in Section 24 of the Standard
Provisions. If DTSC or the Agency anticipates a change in the Scope of Work or the need for revision of
the Cost Estimate, DTSC will provide a revised estimate in advance of exceeding the total cost estimate.
2.7.1 In anticipation of the services to be rendered under this Oversight Agreement, the
Agency will make an advance payment of $37,500 to DTSC no later than thirty (30) days after the
effective date of this Oversight Agreement. If the Agency's advance payment does not cover all costs
payable to DTSC under this subsection, DTSC will invoice the Agency quarterly. The Agency agrees to
pay the additional costs within sixty (60) days of receipt of DTSC's quarterly invoice.
2.7.2. All payments made by the Agency for activities performed for a Property or group of
Properties pursuant to this Oversight Agreement will be by check made payable to the "Department of
Toxic Substances Control", and bearing on its face the project code for the Property or group of
Properties (See Exhibit B) and the Contract Number of this Oversight Agreement. All payments made by
the Agency for DTSC activities performed pursuant to this Oversight Agreement, but not applicable to a
Property or group of Properties will be by check made payable to the "Department of Toxic Substances
Control" and bearing on its face the project code for this Oversight Agreement [CalStars Code for this
Oversight Agreement] and the Contract Number of this Oversight Agreement. Payments should be sent
to:
Department of Toxic Substances Control
Accounting/Cashier
1001 I Street, 21st Floor
P.O. Box 806
Sacramento, California 95812-0806
2.8 Exhibits. Standard provisions of this Oversight Agreement are contained in Exhibit F (Oversight
Agreement Standard Provisions), which is attached to this Oversight Agreement. All exhibits attached to
this Oversight Agreement, including Exhibit F, are incorporated into this Oversight Agreement by
reference.
2.9 Effective Date. The effective date of this Oversight Agreement is the date when this Oversight
Agreement is fully executed.
2.10 Representative Authority. Each undersigned representative of the Parties to this Oversight
Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this
Oversight Agreement and to execute and legally bind the Parties to this Oversight Agreement.
2.11 Counterparts. This Oversight Agreement may be executed and delivered in any number of
counterparts, each of which when executed and delivered shall be deemed to be an original, but such
counterparts shall together constitute one and the same document.
Date:
[Name, Title]
Division
Program
Department of Toxic Substances Control
Date:
Ron Morrison, Chairman
Community Development Commission
Of the City of National City
Redevelopment Agency
EXHIBITS
A MAP OF CITY THAT IDENTIFIES REDEVELOPMENT PROJECT AREA WITHIN AGENCY'S
JURISDICTION
B PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY AND LOCATION MAP
SHOWING EACH INCLUDED PROPERTY WITHIN A REDEVELOPMENT PROJECT AREA.
C TECHNICAL CONSULTAION SCOPE OF WORK -INCLUDING CONSULTATION
Cl OPTIONAL TABLE LISTING CONSULTATION SCHEDULES
D SITE SPECIFIC SCOPE OF WORK FOR REMEDIATION
E SCHEDULE AND COST ESTIMATES FOR EACH INCLUDED PROPERTY OR GROUP OF
PROPERTIES FOR REMEDIATION OVERSIGHT SCOPE OF WORK
F OVERSIGHT AGREEMENT STANDARD PROVISIONS
G SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC
EXHIBIT "A"
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EXHIBIT B
PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY
Property Name, Location
National City Public Works Yard
2200 Hoover Avenue
APN(s): 559-124-05, 560-396-
06, 560-391-08, 560-206-03,
559-104-10, 559-125-15,
Coolidge Avenue street closure,
Harding Avenue street closure
Project Code:
Property Owners and
addresses: City of National City
1243 National City Blvd
National City CA 91950
IIles Family Trust Site
2020 Hoover Avenue
APN(s): 560-206-05, 560-391-
10
Project Code:
Property Owners: Illes Family
Trust (City working to acquire)
Note: Prepared 4-27-10
(To be Formatted As Appropriate)
Site Description
These properties consist
of site currently vacant
and used for the industrial
and civic institutional
purposes of the National
City Public Works facility.
Phase I and II
investigations of these
sites have determined
that soils contamination
including metals,
benzene and hydraulic
fluid exist that must be
addressed by
environmental
remediation and
oversight.
This site houses a
Charter Bus operation
that will be completely
demolished for
redevelopment.
Site History
These properties consist
of site currently vacant and
used for the industrial and
civic institutional purposes
of the National City Public
Works facility. Phase I and
II investigations of these
sites have determined that
soils contamination
including metals, benzene
and hydraulic fluid exist
that must be addressed by
environmental remediation
and oversight.
Historically, releases of
hazardous substances has
occurred on this site.
Investigations are now
being conducted to
determine whether and to
what extent hazardous
conditions exist that may
lead to a necessity for site
remediation.
EXHIBIT C
TECHNICAL CONSULTATION SCOPE OF WORK
Not applicable.
Exhibit C-1
SPECIFIC PROJECTS
Note: A detailed scope and schedule for this project will be prepared prior to commencing work under
this Agreement. This Agreement authorizes the Chairman to approve said scope.
EXHIBIT D
REMEDIATION OVERSIGHT SCOPE OF WORK for
2200 Hoover Avenue
2020 Hoover Avenue
National City CA 91950
(NOTE: This Scope of Work should be used for a Property or group of Properties that are
investigated or remediated under the Polanco Act or other applicable authority as determined
appropriate by DTSC. Each Property or group of Properties to be included under this Exhibit
should be contained in a separate subsection with the site -specific scope of work, schedule, cost
estimate, and site map.]
(As part of this Oversight Agreement, any of the following tasks can be selected by the Agency
and DTSC to be completed for each Property or group of Properties. The Tasks outlined below
are not intended to be a "cookbook" of mandatory ingredients applicable to every case. Each
Task will be carefully reviewed by the Agency and DTSC as to each Property or group of
Properties to determine the appropriate level of action and the applicability of the individual task
before the task is included in the Scope of Work.
Individual tasks may be selected and will be adapted for each project, based upon DTSC's and the
Agency's concerns, environmental conditions, existing and contemplated uses, community
concerns, and public policy and environmental justice issues associated with the Property or
group of Properties to remediate the site in an expeditious and cost-effective manner. For each
Property or group of Properties, include only those tasks or portions of the tasks that are
appropriate and applicable. The individual tasks may be modified, if necessary, to meet the
specific conditions encountered at each Property or group of Properties.
Depending on the characteristics and complexity of a Property or group of Properties, some or all
tasks may be combined. In some cases, certain tasks may be unnecessary. For example, the Site
Characterization Report (Task 3), the Risk Evaluation and Cleanup Level Determination (Task 4),
the Feasibility Study (Task 5), the Remedy Selection Document (Task 6), and the Remedial Design
and Implementation Plan (Task 8) might be combined into a single Remedy Selection Document,
Remedial Action Plan or Cleanup Plan if the contamination at a Property is not particularly
complex or the remedial action is relatively routine. In other cases, a "presumptive remedy" may
be appropriate, such that certain tasks may not be necessary or may be substantially modified.
Furthermore, if the Agency decides to proceed with a simple removal action, that is, to remove
'hot spots', a number of Tasks may not be necessary at all, or necessary as separate documents.
Accordingly, the final form of Exhibit D attached to any agreement may be substantially modified
both prior to the execution of the Agreement as well as during the implementation of the tasks
initially agreed to by the Agency and DTSC, based upon the information gathered by the parties
during that process.]
The following tasks will be completed as part of this Oversight Agreement:
TASK 1. Technical Consultation and Assistance.
DTSC will provide technical consultation and assistance to the Agency for the Property or group of
Properties in accordance with a mutually agreed upon schedule and subject to availability of DTSC
resources. Technical consultation and assistance may include, but is not limited to, participating in
meetings, conferences, workshops, and/or conference calls, researching responses to Agency's
questions, reviewing existing data and preliminary reports submitted by Agency, conducting site visits and
performing general technical consultation and assistance. Technical consultation and assistance do not
include oversight of removal, remediation or other site cleanup activities.
TASK 2. Review of Existing Data and Scopinq Meeting.
The Agency will submit to DTSC a listing of all known reports in its possession, including sample analysis
results, environmental assessment reports, and any other information in its possession pertinent to the
hazardous substance and hazardous waste management and/or release, characterization and cleanup of
a Property or group of Properties. The Agency will provide copies of any of non -privileged reports or
information requested by DTSC and will identify privileged or other confidential documents that the
Agency is not providing. The Agency will also inform DTSC of any other known reports and documents,
not in its possession, pertinent to the hazardous substance and hazardous waste management and/or
release, characterization and cleanup of a Property or group of Properties, including the name of the
document (if known) and the identity and address of the person/entity with possession of the document if
known. Subject to the availability of DTSC resources, DTSC will review the information in accordance
with a mutually agreed upon timeframe included in Exhibit E, to identify areas and media of concern, and
determine whether additional work, if any, would be required to complete the investigation and/or cleanup
of the Property or group of Properties. DTSC will respond to the Agency in writing, setting for the DTSC;s
initial conclusions regarding these matters. Following DTSC's initial review, a scoping meeting will be
held to discuss whether further site characterization is necessary, and, if so, how the characterization will
be conducted for the Property or group of Properties, and which of the Tasks are appropriate and how
they will be implemented. The critical goal of the scoping meeting is to agree on the focus of the site
investigation and remedial or response actions and to agree on the applicability and scope of the
remaining Tasks. The parties contemplate a flexible process and the level of detail and requirements and
the applicability of each Task will be jointly evaluated by the parties' Project Managers.
TASK 3. Site Characterization.
The objective of this task is to characterize the extent of hazardous substance and hazardous waste
contamination at the Property or group of Properties. This task may be conducted in sequential phases,
such as a separate soil or groundwater investigation.
(a) Sampling and Analysis Workplan. The Agency may submit a workplan that describes the
activities proposed to characterize soil, groundwater, surface water, and/or air contamination associated
with the Property or group of Properties. The Agency will exercise its best efforts to provide access for
DTSC and its representatives to the Property or group of Properties prior to approval of the workplan, if
necessary. For any sampling activities to be conducted, the workplan should also include a quality
assurance/quality control plan (QA/QP), sampling plan, and implementation schedule. DTSC will review
the Sampling and Analysis Workplan and QA/QP and will advise the Agency in writing within the period
specified in Exhibit E of either DTSC's approval of such plans or DTSC's requirements for approval of the
plans. In the event the Agency agrees to proceed with an approved Sampling and Analysis Workplan for
a Property or group of Properties, the Agency will implement the approved workplan in accordance with
the approved implementation schedule. DTSC may provide oversight implementation. All field work must
be conducted in accordance with applicable Cal -OSHA regulations set forth in California Code of
Regulations, Title 8, including but not limited to section 5192 and applicable DTSC guidance. The
Sampling and Analysis Workplan and QA/QP may, in appropriate circumstances, be combined with other
documents prepared by or on behalf of the Agency as approved by DTSC.
(b) Site Characterization Report. The Agency may submit a Site Characterization Report that, at a
minimum, presents the data, summarizes the findings of the investigation, validates data and includes
recommendations and conclusions. DTSC will review the Site Characterization Report and will advise the
Agency in writing, within the period specified in Exhibit E, of either DTSC's approval of such report, or
DTSC's requirements for approval. The Site Characterization Report may, in appropriate circumstances,
be combined with the Remedy Selection Document or Remedial Action Plan referred to in Task 6 or
included with other documents prepared by or on behalf of the Agency.
Task 4. Risk Evaluation and Cleanup Level Determination.
If the Agency decides to proceed with a remedy or removal action, a scoping meeting may be held to
discuss how the risk evaluation and cleanup level determination will be conducted for the Property or
group of Properties. If appropriate, the Agency may conduct a risk evaluation consistent with U. S. EPA
Risk Assessment Guidance for Superfund (EPA/540/1-89/002) and DTSC's Supplemental Guidance for
Human Health Multimedia Risk Assessments of Hazardous Waste Sites and Permitted Facilities. This
evaluation should identify the chemicals of concern and potential routes of exposure; characterize the
potential risk; evaluate potential risks to environmental receptors; consider existing and contemplated
uses of the Property or group of Properties; and identify site cleanup goals. 1f DTSC agrees, this
information may be submitted in the Remedy Selection Document or Remedial Action Plan or another
document combining one or more tasks contained in this agreement. The parties recognize that,
depending on the site characterization and the proposed remedy or removal action, a site specific risk
evaluation may not always be necessary. However, the following information must be included in the
remedy selection document: identification of chemicals of concern, remedial action objectives and
cleanup goals and discussion of the derivation of the cleanup goals as appropriate.
Task 5. Feasibility Study.
The objective of this task is to evaluate feasible remediation and response alternatives. If the Agency
decides to proceed with the remedy or removal action, reasonable potential alternatives for the
remediation of a Property or group of Properties and response to the presence of hazardous substances
should be evaluated, including the "no action" alternative. Such an evaluation may be incorporated in the
Remedy Selection Document, or may, if the analysis is complex, be addressed in a separate study or
report. The evaluation should (a) identify the goals for the cleanup based upon current and projected
future land uses; (b) evaluate feasible alternatives to meet these goals; and (c) recommend a preferred
altemative. The feasibility study may be included in or combined with the Remedy Selection Document or
the "Remedial Action Plan" or the "Cleanup Plan" or other document, as approved by DTSC.
TASK 6. Remedy Selection Document.
The purpose of the remedy selection document is to summarize results of the site characterization, risk
evaluation and feasibility study and to describe the remedial action or removal plan. The remedy
selection may be entitled "Remedy Selection Document", "Remedial Action Plan" (RAP), or "Cleanup
Plan" and may include other tasks described herein. The document shall address the following:
(a) a description of the site, site history, site environmental setting, and contamination;
(b) a summary of the risk evaluation, if necessary;
(c) current and contemplated land uses of the Property or group of Properties
(d) zoning and general plan designation of the Property or group of Properties
(e) the goals to be achieved by the cleanup;
(f) a summary description of the feasibility study conducted;
(g) a description of the recommended alternative (including any required and/or suggested land use
covenants, an operation and maintenance agreement and plan, financial assurance and other
operation and maintenance requirements, as appropriate);
(h) implementation and enforcement plan if operation and maintenance requirements are identified or
if a land use covenant is necessary;
(i) the name of the party, if not the Agency, who will be responsible for implementing and operating
the final remedy, including any remedy requiring a startup operation period; and
(j) an administrative record list.
Within sixty (60) days of DTSC's written approval of the final RAP, or Cleanup Plan, DTSC will
acknowledge, in writing, that upon proper completion of the RAP or Cleanup Plan, the immunity provided
by Health and Safety Code section 33459.3(b) shall apply to the Agency.
TASK 7. California Environmental Quality Act (CEQA).
DTSC and the Agency will discuss what CEQA documents are necessary and who shall prepare the
necessary CEQA documents, as well as the appropriate Lead Agency and Responsible Agency under the
CEQA process. DTSC and the Agency will work together to ensure that the proposed environmental
document contains the information necessary for the Agency and DTSC to evaluate impacts from the
proposed remediation. It is the goal of both DTSC and the Agency that the CEQA document be used by
both entities in meeting their respective obligations under CEQA. If, however, for reasons specific to the
project, the processes cannot be efficiently combined, then DTSC will prepare its own CEQA document
for the RAP or Cleanup Plan. If required, the Agency shall submit the information necessary for DTSC to
prepare this document.
TASK 8. Remedial Design and Implementation Plan.
If the Agency decides to proceed with the remedial or removal actions specified in the RAP or Cleanup
Plan with respect to a Property or group of Properties, the Agency will either (1) prepare and submit a
Remedial Design and Implementation Plan (RDIP) in accordance with the agreed upon schedule
contained in the approved RAP or Cleanup Plan; or (2) depending on the complexity of the environmental
condition of the property or group of Properties, incorporate the factors typically addressed in a RDIP into
the RAP or Cleanup Plan. The RDIP (or RAP or Cleanup Plan, as applicable) should address the
following:
(a) technical and operational plans and engineering designs for implementation of the approved
alternative(s);
(b) a proposed schedule for implementing the construction phase;
(c) a general description of the construction equipment to be employed;
(d) a community environmental monitoring plan (if necessary);
(e) a site specific hazardous waste transportation plan (if necessary);
(f) the identity of any contractors, transporters and other persons conducting the cleanup activities
for the Property or group of Properties, when known;
(g) post -remedial sampling and monitoring procedures for air, soil, surface water and groundwater;
as necessary;
(h) quality assurance/quality control plan; and
(i) operation and maintenance procedures and schedules, as necessary.
All field work must be conducted in accordance with California Code of Regulations, title 8, including but
not limited to section 5192 and applicable DTSC guidance.
TASK 9. Implementation of Final RAP.
Subject to the provisions of Section 5 of the Standard Provisions concerning endangerment during
implementation, nothing herein will require the Agency to proceed with implementation of a RAP or
Cleanup Plan with respect to any Property or group of Properties if it determines not to do so. The
Agency will provide DTSC with written notice of the Agency's decision to either implement or not
implement the Final RAP or Cleanup Plan. Upon DTSC approval of the RDIP (or RAP or Cleanup Plan, if
the RAP or Cleanup Plan incorporates the RDIP) and schedule, and if the Agency decides to proceed
with the remedy or removal action at a Property or group of Properties, the Agency will implement or will
direct the implementation of the approved final RAP, Cleanup Plan, or RDIP, as applicable, in accordance
with the approved schedule. At the completion of field work, the Agency (or such other party conducting
the remediation or other response or other response or removal actions with respect to a Property or
group of Properties) will submit a final Implementation Report discussing the work completed and noting
any deviations from the approved plan. Within 60 days of the date DTSC finds that a remedial or removal
action has been properly completed in accordance with the Final RAP or Cleanup Plan, DTSC will notify
the Agency, in writing, that the immunity provided by Health and Safety Code section 33459.3,
subdivision c is in effect. This immunity extends to other such parties entitled to immunity pursuant to
Health and Safety Code Section 33459.3(e). In the event that Operation and Maintenance is required,
the Parties agree that the immunity provided by Health and Safety Code section 33459.3(e) shall be
expressly conditioned upon the satisfactory performance of all responsibilities pursuant to Task 13 of this
Agreement. In the event that DTSC finds that the remedy is not functioning properly and successfully,
and performing as designed, or that the remedy will not attain the final performance standards or cleanup
goals specified in the final RAP, Cleanup Plan, or RDIP (including the implementation and enforcement of
institutional controls if applicable) DTSC will, as soon as administratively feasible, notify the Agency.
TASK 10. Changes During Implementation of the Final RAP or Cleanup Plan
If during implementation of the final RAP, Cleanup Plan and/or RDIP, DTSC determines that additions,
modifications or revisions to such document may be necessary to protect human health and safety or the
environment or to implement the final RAP, Cleanup Plan and/or RDIP, DTSC will, as soon as
administratively feasible, notify the Agency and the parties will determine the appropriate revisions to
such document; provided, however, and subject to the provisions of Sections 5 and 23 of the Standard
Provisions concerning endangerment during implementation, nothing herein will require the Agency to
continue to proceed with the implementation of the modified RAP, Cleanup Plan or RDIP with respect to a
Property or group of Properties if it determines not to do so.
TASK 11. Public Participation.
(a) The Agency and DTSC will conduct appropriate public participation activities given the nature of
the community surrounding the Property or group of Properties and the level of community interest. The
Agency will work cooperatively with DTSC to ensure that the affected and interested public and
community are involved in the decision -making process applicable to clean-up of the Property or group of
Properties, taking into account the Agency's existing public participation capabilities and procedures.
DTSC and the Agency will strive to integrate the public participation activities associated with the RAP or
Cleanup Plan with the public participation activities associated with the development of the Property or
group of Properties to the maximum extent possible.
(b) A scoping meeting may be held to determine the appropriate activities that will be conducted to
address public participation. If necessary, the Agency will then prepare a public participation plan for the
Property or group of Properties that describes the proximity of homes and/or schools, day care facilities,
churches, and similar uses; the current and proposed land uses within and adjacent to the Property or
group of Properties; media interest; and involvement of community groups and elected officials. The plan
shall also include a mailing list, identify appropriate information repositories, and specify the public
participation activities that the Agency will undertake to provide opportunities for public involvement in
site -related decisions. The Agency and DTSC will evaluate whether a fact sheet and public notices are
necessary, as well as their content, distribution and circulation, and whether a public meeting is
appropriate depending on the circumstances and the nature of the remedial or removal action, as well as
any other public participation procedures.
TASK 12. Land Use Covenant.
If required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the
final RAP or Cleanup Plan will contain a requirement for a land use covenant imposing appropriate
limitations on land use when hazardous substances, hazardous materials, hazardous constituents or
hazardous wastes will remain at the Property at levels that are determined by DTSC as not suitable for
unrestricted use of the land. If DTSC determines a land use covenant is necessary, the Agency agrees to
sign and record a land use covenant approved by DTSC, or if the Agency is not the Property Owner, the
Agency will arrange for the Property Owner to sign and record the land use covenant approved by DTSC.
The land use covenant must be recorded in the County where the land is located prior to DTSC's
determination that a remedial or removal action has been properly
peof Properties.pllted in accordance with the final
e
Remedial Action Plan or Cleanup Plan for a Property group
TASK 13. Operation and Maintenance (O&M).
The Agency will comply with, or arrange for compliance with, all operation and maintenance (O&M)
requirements or other institutional control measures, in accordance with the final RAP or Cleanup Plan.
The Agency shall designate in the final RAP or Cleanup Plan the parties that will enter into an O&M
Agreement, or otherwise be responsible for compliance with all O&M requirements, prior to certification of
the Property or group of Properties. Compliance with any applicable O&M Agreement, and any land use
covenant or other institutional control measures, must be included as a requirement for any new
owner/lessee in a purchase and sale agreement for the Property or group of Properties. Any party that is
responsible for O&M shall notify DTSC of any transfer of operation and maintenance responsibilities at
least 30 days prior to such transfer. DTSC may, at its discretion, require the transferee to enter into a
new O&M Agreement.
TASK 14. Discontinuation of Cleanup Technology.
Any cleanup technology employed in implementation of the final RAP or Cleanup Plan will be left in place
and operated by the Agency, owner of the Property (or its successors), or such other party designated in
the final RAP or Cleanup Plan until and except to the extent that DTSC authorizes the Agency, Property
Owner or such other party designated in the final RAP or Cleanup Plan, in writing, of the ability to
discontinue, move or modify some or all of the cleanup technology because the final remedial action has
met the criteria specified in the final RAP or Cleanup Plan for its discontinuance, or because the
modifications would better achieve the goals of the final RAP or Cleanup Plan.
EXHIBIT E
OVERSIGHT AGREEMENT COST ESTIMATE AND SCHEDULE FOR
National City Public Works Yard, 2200 Hoover Avenue, National City CA 91950
Illes Family Trust site, 2020 Hoover Avenue, National City CA 91950
A detailed scope will be prepared subsequent to the completion of the scope of
the Consultative Agreement between the parties already in effect. In general the
scope of this Oversight Agreement will be to oversee the preparation of Phase 11
and Phase IV of the remediation for the National City Westside Infill Affordable
Transit Oriented Development site. Phase III and Phase IV are described as
preparation of remediation plans for the site, implementation of the remediation
plans and regulatory closure of the site including the recordation of an
Environmental Covenant for the site.
DTSC estimates that charges for said oversight will be $75,000, of which a 50-
percent deposit is required per the terms of this agreement. Should the total,
charged on a time/fee schedule approach, be less than $75,000 the CDC will pay
the total due. Should the charges exceed $75,000 an Amendment will be brought
forward for CDC consideration.
Exhibit F
Oversight Agreement Standard Provisions
1. The Standard Provisions in this Exhibit F are incorporated by reference into and are a part of the
Oversight Agreement. The Standard Provisions have been placed in this Exhibit F for reasons of
administrative efficiency.
2. Payment Provisions. Subject to Section 2.7 of this Oversight Agreement, if any bill is not paid by
the Agency within sixty (60) days after it is sent by DTSC, the Agency may be deemed to be in material
default of this Oversight Agreement.
If the advance payment submitted under Section 2.7.1 of this Oversight Agreement exceeds DTSC's
actual costs for Oversight Agreement preparation, consultation, review, approval and oversight and other
activities conducted under this Oversight Agreement, DTSC will provide an accounting for expenses and
refund the difference within one hundred -twenty (120) days after termination of this Oversight Agreement
in accordance with section 24 of this Exhibit. In no other case will the Agency be entitled to a refund from
DTSC or to assert a claim against DTSC for any amount paid or expended under this Oversight
Agreement.
3. Billing Dispute Resolution. If the Agency disputes a DTSC billing, or any part of a DTSC billing,
the Agency will notify DTSC's designated Oversight Agreement Manager and attempt to informally
resolve the dispute. If the Agency desires to formally request dispute resolution with regard to the billing,
the Agency will file a request for dispute resolution in writing within 45 days of the date of receiving the bill
in dispute. The written request will describe all issues in dispute and will set forth the reasons for the
dispute, both factual and legal. The Agency will send the written request to:
Special Assistant for Cost Recovery and Reimbursement Policy
Department of Toxic Substances Control
P. O. Box 806
Sacramento, CA 95812-0806
The Agency will also send a copy of the written request for dispute resolution to the person designated in
subsection 2.5.1 of this Oversight Agreement to receive submittals. A decision on the billing dispute will
be rendered by the person designated above or other DTSC designee. The existence of a dispute shall
not excuse, stay or suspend any other compliance obligation or deadline required pursuant to this
Oversight Agreement.
4. Communications. All DTSC approvals and decisions made regarding submittals and notifications
will be communicated to the Agency in writing by DTSC's Oversight Agreement Manager or his/her
designee. No informal advice, guidance, or suggestions or comments by DTSC regarding reports, plans,
specifications, schedules or any other writings by the Agency shall be construed to relieve the Agency of
the obligation to obtain such written approvals.
5. Endangerment During Implementation_ In the event DTSC determines that any activity or
operations caused by or on behalf of the Agency or its agents (whether or not pursued in compliance with
this Oversight Agreement) may pose an imminent or substantial endangerment to the health and safety of
people on any Property or group of Properties or in the surrounding area or to the environment: i) the
Agency will take the necessary actions to abate the endangerment it created for such period of time as
may be needed to abate the endangerment; or ii) if DTSC determines that conditions require DTSC to
exercise its authority to abate the endangerment, the Agency may stop further implementation of this
Oversight Agreement as it applies to a Property or group of Properties. However, if the Agency stops
implementation, the Agency must meet the conditions under Section 12 of this Exhibit (Notification of
Environmental Condition) and if necessary, must revise the applicable Scope of Work and meet the stop -
work conditions as provided in Section 23 of this Exhibit (Amendments). If DTSC determines that an
endangerment is the result of Agency actions that have caused a release of hazardous substances or
substantially worsened the endangerment, the Agency will take those reasonable steps DTSC determines
are necessary to mitigate the condition that the Agency caused substantially worsened and to secure the
Property or group of Properties in order to avoid endangerment to the community. These steps may
include installing a protective cover, constructing fencing and signage or other appropriate means to
protect public health and the environment. The Agency will not be compelled to fully assess or mitigate a
release of hazardous substances if DTSC determines that the Agency did not cause or substantially
worsen the release.
6. Condition Precedent. It is expressly understood and agreed that DTSC's receipt of the advance
payment described in subsection 2.7.1 of this Oversight Agreement is a condition precedent to any
obligation of DTSC to provide consultation, oversight, review and/or comment on documents or to provide
any work or perform any activity pursuant to this Oversight Agreement.
7. Record Retention. DTSC will retain all cost records associated with the work performed under
this Oversight Agreement for such time periods as may be required by applicable state law. The Agency
may request to inspect all documents that support DTSC's cost determination in accordance with the
Public Records Act, Government Code section 6250 et seq.
8. Project Coordinator. The work performed for each Property or group of Properties pursuant to
this Oversight Agreement will be under the direction and supervision of a qualified Project Coordinator,
with expertise in hazardous substance and hazardous waste site cleanup. For each Property or group of
Properties, the Agency will submit: a) the name and address of the Project Coordinator; and b) in order
to demonstrate expertise in hazardous substance and hazardous waste site cleanup, the resume of the
Project Coordinator. The Agency will promptly notify DTSC of any change in the identity of the Project
Coordinator. All engineering and geological work shall be conducted in conformance with applicable
state law, including but not limited to, Business and Professions Code sections 6735 and 7835.
9. Access. If DTSC determines access is necessary in order to perform any of the tasks contained
in Exhibit C (Technical Consultation) or Exhibit D (Remediation Oversight), the Agency will exercise its
best efforts to provide access for DTSC and its representatives to the Property or group of Properties
subject to this Oversight Agreement for which access is needed. In the event that such access is not
provided, it is understood that the implementation of tasks identified in this agreement for the Property or
group of Properties or which access cannot be obtained may not proceed. The Agency will also exercise
its best efforts to provide access for DTSC and its representatives access and/or obtain access to any
area beyond the boundaries of the Property or group of Properties subject to this Oversight Agreement to
which access is necessary to implement this Oversight Agreement. To the extent such access is
obtained by the Agency, such access will be provided to DTSC's employees, contractors, and consultants
at all reasonable times. Nothing in this section is intended or shall be construed to limit in any way the
right of entry or inspection that DTSC or any other agency may otherwise have by operation of any law.
To the extent such access can be legally obtained by DTSC or the Agency and its authorized
representatives shall have the authority to enter and move freely about all property at each Property or
group of Properties at all reasonable times for purposes including, but not limited to: inspecting records
and operating logs, sampling activities, administering any other aspects of this Oversight Agreement
relating to the Property or group of Properties, reviewing the progress of the Agency in carrying out the
terms of this Oversight Agreement; conducting such tests as DTSC may determine necessary; and
verifying the data submitted to DTSC by the Agency
10. Sampling, Data and Document Availability. The Agency will submit to DTSC a listing of all known
reports in its possession, including sample analysis results, environmental assessment reports, and any
other information in its possession pertinent to the hazardous substance and hazardous waste
management and/or release, characterization and cleanup of a Property or group of Properties. The
Agency will provide copies of any non -privileged reports or information requested by DTSC and will
identify privileged or other confidential documents that the Agency is not providing. The Agency will also
inform DTSC of any other known reports and documents, not in its possession, pertinent to the hazardous
waste management and/or release, characterization and cleanup of a Property or group of Properties,
including the name of the document (if known) and the identity and address of the person/entity with
possession of the document (if known).
11. Notification of Field Activities. The Agency will inform DTSC at least seven (7) days in advance
of all field activities which the Agency undertakes, including activities the Agency directs a third party to
undertake, pursuant to this Oversight Agreement at each Property or group of Properties and will allow
DTSC and its authorized representatives to take duplicates of any samples collected by the Agency
pursuant to this Oversight Agreement.
12. Notification of Environmental Condition. The Agency will notify DTSC's Oversight Agreement
Manager immediately upon leaming of any condition posing an immediate threat to public health or safety
or the environment. Within seven (7) days of the Agency's discovery of such a condition, the Agency
shall submit a brief report to DTSC, setting forth the events that occurred and the measures taken, if any,
in response to those events.
13. Preservation of Documentation. The Agency will maintain a central repository of the data,
reports, other documents prepared pursuant to this Oversight Agreement and other documents relevant
to the activities conducted under this Oversight Agreement. All such data, reports and other documents
regarding a specific Property or group of Properties will be preserved by the Agency for a minimum of six
(6) years after the conclusion of all activities carried out under this Oversight Agreement with respect to
that Property or group of Properties . If DTSC requests that some or all of these documents be preserved
for a longer period of time, the Agency will either (I) comply with that request, (ii) deliver the documents to
DTSC, or (iii) permit DTSC to copy the documents prior to destruction. Following the expiration of the six -
year minimum retention period for documents regarding a Property or group of Properties, the Agency will
notify DTSC in writing at least ninety (90) days before to the destroying any documents prepared
pursuant to this Oversight Agreement with respect to that Property or group of Properties. If any litigation,
claim, negotiation, audit or other action involving the records has been started before the expiration of the
six year period with respect to the Property or group of Properties, the related records will be retained
until the completion and resolution of all issues arising from that action or until the end of the six -year
period, whichever is later.
14. Time Periods. Unless otherwise specified, time periods begin from the date this Oversight
Agreement is fully executed, and "days" means calendar days. "Business days" means all calendar days
that are not weekends or official State holidays.
15. Agency Liabilities. The Oversight Agreement shall not be construed in any manner as an
admission by the Agency of any fact or liability of any kind, nor shall this Oversight Agreement be
considered or interpreted as an admission or an assumption by the Agency of any liability or
acknowledgement of liability or responsibility for the investigation or assessment of, response or
remediation to any environmental condition on any Property or group of Properties or the costs of such
activities, for which the Agency is not otherwise liable or responsible. Nothing in this Oversight
Agreement shall constitute or be considered a satisfaction or release from liability for any condition or
claim arising as a result of Agency's past, current, or future operations. Nothing in this Oversight
Agreement is intended or shall be construed to limit the rights of any of the Parties with respect to claims
arising out of or relating to the release, discharge, deposit or disposal of hazardous substances or
hazardous wastes at the Property or group of Properties or at any other location, if such hazardous
substances or hazardous wastes are removed from a Property or group of Properties.
16. State Government Liabilities. The State of California (State) shall not be liable for any injuries or
damages to persons or property resulting from acts or omissions by the Agency or its directors, officers,
employees, agents, representatives, successors, assigns, contractors or consultants in carrying out any
action or activity pursuant to this Oversight Agreement. Neither DTSC nor the State may be deemed to
be a party to any contract entered into by the Agency or its directors, officers, employees, agents,
successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this
Oversight Agreement.
17. Third Party Actions. In the event that the Agency is a party to any suit or claim for damages or
contribution to which DTSC is not a party, relating to a Property or group of Properties subject to this
Agreement, the Agency will notify DTSC in writing within ten (10) days after service of the complaint in the
third -party action. However, failure to give such notice within 10 days will not be a material breach of this
agreement, and this requirement confers no rights on any third parties not party to this agreement.
18. Reservation of Rights. DTSC and the Agency each reserve the following rights.
a. DTSC reserves its right to pursue cost recovery under the Comprehensive Environmental
Response, Compensation and Liability act of 1980 (CERCLA), as amended, California Health and Safety
Code sections 25201.9, 25343 and 25360, 33459.3 subdivision (m) and any other law. The Agency
reserves its rights to pursue cost recovery under the California Health and Safety Code section 33459-
33459.8 (Polanco Act) and any other applicable section of the law.
b. Nothing in this Oversight Agreement is intended or shall be construed to limit, preclude or
affect the authority of DTSC to pursue any legal, equitable or administrative remedies pursuant to state or
federal law or to take any action authorized by law or equity to protect public health and safety or the
environment and recovering the costs thereof, including DTSC's authority to take action, or require other
persons to take action, under chapter 6.5 or chapter 6.8 of division 20 of the Health and Safety Code or
under the Polanco Act and to recover DTSC's costs for those actions.
c. Nothing in this Oversight Agreement shall constitute or be construed as a waiver,
defense to, or limitation on of the Agency's rights (including any covenant not to sue or release), with
respect to any claim, cause of action, or demand in law or equity that the Agency may have against any
person, as defined in section 101(21) of CERCLA, or Health and Safety Code section 25319, that is not a
signatory to this Oversight Agreement.
19. Compliance with Applicable Laws. Nothing in this Oversight Agreement relieves the Agency from
complying with all applicable laws and regulations, and the Agency will conform to all actions required by
this Oversight Agreement to all applicable federal, state and local laws and regulations.
20. California Law. This Oversight Agreement shall be governed, performed and interpreted under
the laws of the State of California.
21. Parties Bound. This Oversight Agreement applies to and is binding, jointly and severally, upon
each signatory and upon any successor agency of either the Agency or the State of California that may
have responsibility for and jurisdiction over the subject matter of this Oversight Agreement. No change in
the ownership or corporate or business status of a Property or group of Properties or any owner of a
Property or group of Properties shall alter any signatory's responsibilities under this Oversight Agreement.
22. Severability. If any portion of this Oversight Agreement is ultimately determined not to be
enforceable, that portion will be severed from the Oversight Agreement and the severability shall not
affect the enforceability of the remaining terms of the Oversight Agreement.
23. Amendments. Except as otherwise specified in this section and in section 2.2 this Oversight
Agreement, this Oversight Agreement may be amended as specified in this section to withdraw any
Property or group of Properties from this Oversight Agreement. The Agency may withdraw a Property or
group of Properties from this Oversight Agreement by giving written notice to DTSC that the Agency will
stop work on that Property or group of Properties within the next (30) days. DTSC may withdraw a
Property or group of Properties by giving written notice to the Agency that DTSC will stop work on that
Property or group of Properties within the next thirty (30) days. The effective date of withdrawal is the
end of the 30 day notice period. Prior to stopping work on a Property or group of Properties, the Agency
must ensure that the Property or group of Properties will pose no greater public health or environmental
risk than it posedprior to the Agency's activities on the Property or group of Properties. In the event that
the Agency withdraws a Property or group of Properties from this Oversight Agreement, the Agency will
be responsible for DTSC's costs through the effective date of withdrawal. The Scope of Work may be
amended by mutual written agreement of the parties. Such amendments or modifications are effective on
the third business day following the day the Last Party signing the amendment or modification sends its
notification of signing to the other Party. The Parties may agree to a different effective date. An
amendment to incorporate a Property or group of Properties into this Oversight Agreement and to
incorporate by reference site -specific Exhibits for that Property or group of Properties shall be made as
specified in subsections 2.1, 2.2, and 2. 3 of this Oversight Agreement.
24. Termination for Convenience. Except as otherwise provided in this Section, each Party to this
Oversight Agreement reserves the right unilaterally terminate this Oversight Agreement for any reason.
Termination requires that either Party give a thirty (30) day advance written notice of the election to
terminate this Oversight Agreement to the other Party. Prior to termination the Agency must ensure that
the Property or group of Properties will pose no greater health or environmental risk as a result of the
Agency activities than it posed prior to the Agency's activities at the Property or group of Properties. In
the event that this Oversight Agreement is terminated under this section and subject to Section 2.7 of the
Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of
termination.
Exhibit G
SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC
Resolution authorizing the Chairman to Execute Contracts with the California Department of Toxic
Substances Control
WHEREAS, the Community Development Commission determines and declares that it may enter into
agreements with State agencies for 2010 - 2014, and
WHEREAS, the Community Development Commission may take any actions that Community
Development Commission determines are necessary and that are consistent with state and federal laws
to remedy or remove a release of hazardous substances on, under, or from a property located in a
Redevelopment Project Area if certain conditions are met.
THEREFORE, BE IT RESOLVED BY THE Community Development Commission of the City of National
City that the Chairman is hereby authorized to enter into and execute contracts for the Community
Development Commission with the California Department of Toxic Substances Control, subject to all
conditions.
HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution introduced and passed
at a noticed meeting of the Community Development Commission held on [date].
Signed:
Title of Authorized Official, the Agency will be responsible
For DTSC costs through the effective date of termination.
Date:
RESOLUTION NO. 2010 — 103
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE APPROPRIATION OF FUNDS
IN THE AMOUNT OF $75,000, AND AUTHORIZING
THE CHAIRMAN TO EXECUTE AN ENVIRONMENTAL
OVERSIGHT AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TOXIC SUBSTANCE CONTROL
TO PROVIDE QUALIFIED OVERSIGHT FOR
ENVIRONMENT REMEDIATION PLANNING AND
IMPLEMENTATION FOR THE WESTSIDE AFFORDABLE
TRANSIT -ORIENTED DEVELOPMENT SITE
WHEREAS, the Community Development Commission of the City of National
City (CDC) is implementing the Redevelopment Plan for the National City Redevelopment
Project, including the implementation of the Westside Specific Plan; and
WHEREAS, in order to redevelop sites within the Westside Specific Plan for an
affordable transit -oriented housing development, environmental remediation must take place;
and
WHEREAS, in order to plan and implement said environmental remediation,
oversight must be provided by a qualified State Oversight Agency; and
WHEREAS, the CDC desires to retain the California Department of Toxic
Substances Control ("DTSC") to provide said environmental oversight; and
WHEREAS, the DTSC estimates the cost of said oversight to be $75,000 of
which 50-percent ($37,500) is required as a refundable advance deposit; and
WHEREAS, funding for the implementation of this Agreement is available in Tax
Increment Funds of the CDC; and
WHEREAS, the payment of an amount exceeding $75,000 for this purpose will
require public consideration by the CDC.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the appropriation of Tax Increment
Funds in the amount of $75,000 s for environmental remediation oversight for sites within the
Westside Specific Plan.
BE IT FURTHER RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute an
Environmental Oversight Agreement with the California Department of Toxic Substances
Control to provide qualified oversight for environmental remediation planning and
implementation for the Westside Affordable Transit -Oriented Development Site. Said
Agreement is on file in the office of the City Clerk.
-- Signature Page to Follow --
Resolution No. 2010 — 103
Page 2
PASSED and ADOPTED this 18th day of May, 201
on Morrison, Chairman
ATT
Bra u on, ecretary
APPROVED AS TO FORM:
George H. iser, III
City Attorney
Passed and adopted by the Community Development Commission of the City of
National City, California, on May 18, 2010, by the following vote, to -wit:
Ayes: Commissioners Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secr ry, Co�rrm 'Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-103 of the Community Development Commission of the City
of National City, California, passed and adopted on May 18, 2010.
Secretary, Community Development Commission
By:
Deputy
caoo-a�1
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE: May 18, 2010
AGENDA ITEM NO. 8
.TEM TITLE:
resolution appropriating $75,000 and approving an Environmental Oversight Agreement with the California
Department of Toxic Substance Control to provide qualified oversight for environment remediation planning and
implementation for the Westside Affordable Transit Oriented Development ("TOD") sit0
PREPARED BY: Patricia Bearc!) c) DEPARTMENT: Re p ent Division
PHONE: 14255 APPROVED BY:
EXPLANATION:
The properties, National City Public Works Yard and Sun Diego Charter site (2200 and 2020 Hoover Avenue)
designated as the sites for a transit -oriented affordable housing project in the Westside Specific Plan, have been
investigated using funds from the State of California and United States Environmental Protection Agency and it
has been determined that these sites are contaminated by hazardous materials that must be remediated prior to
any housing project being constructed. By federal law, a qualified state environmental oversight agency
('regulator") must be retained to oversee environmental remediation to ensure that human and biological health
and safety are adequately protected during remediation and also that future residents of the project are ensured
an environmentally safe place to live. Staff desires to engage the Department of Substances Control ("DTSC") to
serve in this role. The DTSC has been a strong advocate for and partner in the project, having provided site
investigations through state grants and also serving as investigation regulator through a Consultative Agreement
currently in effect. The proposed DTSC Project Manager is extremely qualified to assist the CDC in assuring that
remediation plans and implementation are completed to ensure the public health and safety and also to efficiently
use resources. In order to meet the TOD schedule to apply for Low Income Housing Credits and use California
roposition 1C grant funds for this project, this Agreement authorizes the Chairman to approve a detailed scope
f work for the site remediation to be prepared at a future date following the completion of environmental studies
and an appropriate public information and comment process..
FINANCIAL STATEMENT:
ACCOUNT NO. 522-409-500-598-3934.�
DTSC estimates the total cost of all oversight for the project to be $75,000, of which a 50-percent deposit is
required in advance. Should the cost exceed $75,000, an Amendment will be brought for CDC consideration.
ENVIRONMENTAL REVIEW: Not applicable.
APPROVED:
Finance
APPROVED: MIS
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION: Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS: Proposed Agreement.
gE soN O. a,0\0-\03