The URL can be used to link to this page

Home My Public Portal AboutA 2019-05-07 LSAThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addressing the Members of the Council IN ORDER TO EXPEDITE CITY COUNCIL AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE PODIUM, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUR SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA City of Lynwood as Successor Agency to the Lynwood Redevelopment Agency TO BE HELD ON May 7, 2019 Duly Posted 5/2/19 by MQ COUNCIL CHAMBERS - 11350 BULLIS RD. LYNWOOD, CA 90262 6:00 PM 1.CALL TO ORDER 2.CERTIFICATION OF AGENDA POSTING BY SECRETARY 3.ROLL CALL OF MEMBERS Jose Luis Solache, Mayor Aide Castro, Mayor Pro Tem Salvador Alatorre, Council Member Jorge Casanova, Council Member Marisela Santana, Council Member PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON-AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE LYNWOOD SUCCESSOR AGENCY ON ITEMS WITHIN THE JURISDICTION OF THE LYNWOOD SUCCESSOR AGENCY AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY LYNWOOD SUCCESSOR AGENCY, BUT LYNWOOD SUCCESSOR AGENCY MAY REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) Lynwood Successor Agency - Page 1 of 14 NEW/OLD BUSINESS 4.DEPARTMENT OF TOXIC SUBSTANCE CONTROL (DTSC) SITE SPECIFIC ENVIRONMENTAL OVERSIGHT CONTRACT FOR THE 11600 LONG BEACH BOULEVARD PROJECT AREA Comments: The Lynwood Successor Agency will consider entering into an Environmental Oversight Agreement (EOA) with the California Department of Toxic Substances Control (DTSC) to provide technical consultation, site investigation, and remediation activity for 11600 Long Beach Boulevard Site Area. (CD) Recommendation: Staff recommends that the Agency adopt the following resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS SUCCESSOR TO THE LYNWOOD REDEVELOPMENT AGENCY BOARD AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT WITH THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCE CONTROL (DTSC) FOR ENVIRONMENTAL OVERSIGHT SERVICES RELATED TO PROPERTY LOCATED AT AND ADJACENT TO 11600 LONG BEACH BOULEVARD FOR AN AMOUNT OF $43,173 TO BE FUNDED WITH AN ALLOCATION FROM THE ROPS 19-20 PERIOD PENDING APPROVAL OF THE STATE DEPARTMENT OF FINANCE (DOF)." ADJOURNMENT CITY OF LYNWOOD AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY MEETINGS WILL BE POSTED AS NEEDED. THE NEXT MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. Lynwood Successor Agency - Page 2 of 14 Agenda Item # 4. AGENDA STAFF REPORT DATE: May 7, 2019 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Michelle G. Ramirez, Director of Community Development SUBJECT: DEPARTMENT OF TOXIC SUBSTANCE CONTROL (DTSC) SITE SPECIFIC ENVIRONMENTAL OVERSIGHT CONTRACT FOR THE 11600 LONG BEACH BOULEVARD PROJECT AREA Recommendation: Staff recommends that the Agency adopt the following resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS SUCCESSOR TO THE LYNWOOD REDEVELOPMENT AGENCY BOARD AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT WITH THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCE CONTROL (DTSC) FOR ENVIRONMENTAL OVERSIGHT SERVICES RELATED TO PROPERTY LOCATED AT AND ADJACENT TO 11600 LONG BEACH BOULEVARD FOR AN AMOUNT OF $43,173 TO BE FUNDED WITH AN ALLOCATION FROM THE ROPS 19-20 PERIOD PENDING APPROVAL OF THE STATE DEPARTMENT OF FINANCE (DOF)." Background: On June 1, 2010, the former Lynwood Redevelopment Agency entered into an Environmental Oversight Agreement (EOA) with the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC). The EOA authorizes DTSC to provide technical consultation, site investigation and remediation activity for the protection and preservation of public Health and required for the efficient exercise of DTSC’s activities under the Polanco Act. For each property or properties subject to said EOA, DTSC provides review and oversight of the activities conducted by the Agency as appropriate, in accordance with the Project Environmental Oversight Agreement (PEOA). A Site Specific PEOA applies to properties still addressed under the Polanco Act as determined appropriate by DTSC. In ROPS periods 2015-2019, the California Department of Finance (DOF) approved requests to cover anticipated cost related to DTSC PEOA Agreement 15-T4034, which had a term from January 2015 to December 31, 2018. The total amount of the agreement was $65,627. Due to the expiration of this Agreement, the Agency now needs to enter into a new contract so that DTSC can continue fulfilling its oversight requirement under the EOA pursuant to the Polanco Act. The cost for the DTSC oversight fee is on the ROPS 19-20 for consideration. Lynwood Successor Agency - Page 3 of 14 Discussion and Analysis: Pursuant to Section 25296.10 of the Health and Safety Code, the Agency is responsible to take certain protective actions to ensure the protection of human health, safety, and the environment stemming from the toxic material released into the soil and groundwater. An environmental consulting firm has provided a dual phase extraction (DPE) system to the City of Lynwood and Northgate Gonzalez Real Estate (Northgate) for remediation of shallow soil vapor at the above-referenced property (the “Site”). The City has also applied for grant funding to continue remediation activity at the subject Site. While remediation activity is undertaken on contaminated property, DTSC is mandated to oversee the process to ensure work complies with all state environmental standards and regulations. Oversight by a state regulatory agency of a remediation project is not subject to the City’s bidding process. DTSC is a state department, which has sole authority to set their fee for oversight and estimated duration of their services. The contract has a two-year term in an amount of $43,173, starting January 1, 2019 and expiring December 31, 2021, (see Attachment B). The Contract will allow for activities not only compliant with DTSC, but also Regional Water Quality Control Board requirements. Remediation activity at said location will contribute to expediting the potential redevelopment of these and nearby properties located within the Lynwood Transit Area Specific Plan district. The City entered into a Memorandum of Understanding with Lynwood Springs LLC to redevelop the Site and several nearby properties in a manner consistent with the Lynwood Transit Area Specific Plan and the remediation of this site is crucial for future development of the site and surrounding properties. Fiscal Impact: There will be no fiscal impact to the General Fund. The total cost for these services would not exceed $43,173, which is under consideration for funding on the ROPS 19-20 schedule. Coordinated With: City Manager City Attorney Finance and Administration Services ATTACHMENTS: Description Attachment A - Resolution Attachment B - Standard Agreement Lynwood Successor Agency - Page 4 of 14 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS SUCCESSOR TO THE LYNWOOD REDEVELOPMENT AGENCY BOARD AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT WITH THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCE CONTROL (DTSC) FOR ENVIRONMENTAL OVERSIGHT SERVICES RELATED TO PROPERTY LOCATED AT AND ADJACENT TO 11600 LONG BEACH BOULEVARD FOR AN AMOUNT OF $43,173 TO BE FUNDED WITH AN ALLOCATION FROM THE ROPS 19-20 PERIOD PENDING APPROVAL OF THE STATE DEPARTMENT OF FINANCE (DOF) WHEREAS, June 1, 2010, the former Lynwood Redevelopment Agency entered into an Environmental Oversight Agreement (EOA) with the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC); and WHEREAS, the EOA authorizes DTSC to provide technical consultation, site investigation and remediation activity for the protection and preservation of public Health and required for the efficient exercise of DTSC’s activities under the Polanco Act; and WHEREAS, for each property or properties subject to said EOA, DTSC will provide review and oversight of the activities conducted by the Agency as appropriate, in accordance with the Project Environmental Oversight Agreement (PEOA); and WHEREAS, the Agency may take any action that DTSC determines are necessary and that are consistent with the State and federal laws to remedy or remove a release of hazardous substances on, under, or from property located in a Redevelopment Project Area if certain conditions are met; and WHEREAS, the attached Site Specific PEOA applies to properties still addressed under the Polanco Act as determined by DTSC; and WHEREAS, The Agency will have to enter into a new contract so DTSC can continue fulfilling its oversight requirement under the EOA pursuant to the Polanco Act. The cost for the DTSC oversight fee is on the ROPS 19-20 for funding consideration; and WHEREAS, Oversight by a state regulatory agency of a remediation project is not subject to a bid process. DTSC is a state department, which has sole authority to set their fee for oversight and estimated duration of their services. The contract has a two-year term in an amount of $43,173, starting January 1, 2019 and expiring December 31, 2021; and WHEREAS, the tasks outlined in the DTSC scope of work is critical for the continuance of the remediation at the Site and the furtherance of development activities. Therefore, an agreement for said services is in order. Lynwood Successor Agency - Page 5 of 14 NOW, THEREFORE, THE CITY OF LYNWOOD SUCCESSOR AGENCY DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The Agency herby approves and authorizes contract 18-T4618 with DTSC for environmental oversight services in connection with the remediation activity located at and adjacent to 11600 Long Beach Boulevard as provided by DTSC, a state regulatory agency. Section 2. The Agency hereby authorizes the Executive Director or his designee to take necessary steps, including the execution of agreements and other related documents with DTSC to undertake the implementation of all related services under the attached Agreement and Scope of Work. Section 3. The Agency authorizes an agreement with DTSC for an amount of $43,173 for a period from January 1, 2019 to December 31, 2021, in a form approved by the Agency Counsel, unless brought back for amendment and or extension as appropriate required by federal or state law. Section 4. This resolution shall be effective immediately upon adoption by the Agency. Section 5. The Secretary shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED and ADOPTED this 7th day of May 2019. Jose Luis Solache Chair ATTEST: Maria Quinonez Secretary APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia Jose Ometeotl Agency Counsel Executive Director Lynwood Successor Agency - Page 6 of 14 Lynwood Successor Agency - Page 7 of 14 Lynwood Successor Agency - Page 8 of 14 Lynwood Successor Agency - Page 9 of 14 Lynwood Successor Agency - Page 10 of 14 Lynwood Successor Agency - Page 11 of 14 Lynwood Successor Agency - Page 12 of 14 Lynwood Successor Agency - Page 13 of 14 Lynwood Successor Agency - Page 14 of 14