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REPORT 6.28 Page 1 To the Honorable Mayor and City Council and the Redevelopment Agency Board From the Ci Mana er and Executive Director February 22, 2010 SUBJECT Amendment to the Environmental Oversight Agreement with the State Department of Toxic and Substance Control for four Agency and City owned parcels on Bradford Street RECOMMENDATION Approve the resolution to amend the Environmental Oversight Agreement with the State Department of Toxic and Substance Control Board. BACKGROUND In May 2008, the Redevelopment Agency ("Agency") entered into an Environmental Oversight Agreement ("EOA") with the California Environmental Protection Agency's Department of Toxic and Substance Control ("DTSC") for the environmental oversight of four contiguous Agency and City owned parcels on Bradford Street near Main Street to build affordable senior housing with a possible childcare site. The four parcels (assessor parcel numbers 052-037-020, 052-037-017, 052-372-240 and 052-372-999) total approximately one acre. Although the EOA was executed in May 2008, it expires March 31, 2010. Staff is recommending an amendment to the EOA for the following reasons: 1) extend the term of the agreement through March 31, 2012 to complete the environmental oversight; and 2) authorize the Executive Director to make future amendments to the EOA, which would be anticipated to be minor. The purpose of the EOA extension is for the Agency to continue collaborating with DTSC to complete the environmental remediation of the Bradford properties. DTSC has been reviewing the environmental documents, including the Phase 1 and 2 Environmental Site Assessments and requesting additional information from staff to determine if the project site has sufficient data to allow the Agency to prepare a Removal Action Workplan ("RAW,,).1 Within the timeframe of DTSC's approval of the RAW, staff will issue a request for proposal for development of the site. The EOA establishes a collaborative process that does the following: . provides a flexible process based upon the redevelopment agency's needs for the project, . ensures the investigation and cleanup are conducted in an environmentally sound manner providing a framework for the reimbursement of DTSC's oversight costs, and . requires a cleanup that results in a property that is safe for redevelopment. Ultimately, the EOA, which is available only for redevelopment agencies, will be I The RAW is a remedy selection document thai includes, but is not limited 10, a description of the techniques and methods to be used in the removal action such as any excavating, storing, handling, transporting, treating, and disposing of any material on or off site.