HomeMy Public PortalAbout2019.058 (06-18-19) RESOLUTION NO. 2019.058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA AUTHORIZING THE USE OF CITY HELD FUNDS
TO COVER COST ASSOCIATED WITH A CONTRACT
(STANDARD AGREEMENT NO. 18-T4618) WITH THE
CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCE CONTROL
(DISC) FOR ENVIRONMENTAL OVERSIGHT SERVICES
RELATED TO PROPERTY LOCATED AT AND ADJACENT TO
11600 LONG BEACH BOULEVARD FOR AN AMOUNT OF
$43,173, AND AN APPROPRIATION FROM THE 11600 LONG
BEACH SETTLEMENT ACCOUNT TO COVER COST OF SAID
AGREEMENT
WHEREAS, June 1, 2010, the former Lynwood Redevelopment Agency
(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 a 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 Agency entered into Standard Agreement No. 15-T4034 for
a period of four years that began in January 2015 and expired on December 31,
2018, in an amount of$65,627; and
WHEREAS, a new Standard Agreement is required so DTSC can continue
fulfilling its oversight requirement under the EOA pursuant to the Polanco Act. The
cost for the DTSC oversight fee was on the ROPS 19-20 for consideration.
Unfortunately, the request was denied. Funds held in the City's 11600 Long Beach
Boulevard Settlement account (which is a City held account) may be used to fund
DTSC oversight fees. The use of said account is consistent with intended use of
funds held therein; and
WHEREAS, the attached Site Specific PEOA (included as part of Standard
Agreement No. 18-T4618) applies to properties still addressed under the Polanco
Act as determined by DTSC; 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 under the Scope of Work of the attached
Standard Agreement No. 18-T4618 is critical for the continuance of the
remediation at the Site and the furtherance of development activities. Therefore,
a new Standard Agreement for said services is in order.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council herby approves and authorizes Standard
Agreement No. 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 City Council hereby authorizes the Mayor or his designee to take
necessary steps, including the execution of agreements and other related
documents with DTSC as needed to undertake the implementation of all related
services under the attached Standard Agreement No. 18-T4618 and Scope of
Work.
Section 3. The City Council hereby authorizes and directs the Finance and
Administration Services Department to appropriate $43,173 from the 11600 Long
Beach Blvd Settlement Account to cover the cost of DTSC's fees so they may
effectively undertake the services outlined in said Standard Agreement No. 18-
T4618.
Section 4. The City Council authorizes Standard Agreement 18-T4618 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 City Attorney, unless brought back earlier for
amendment and/or extension as required by federal or state law.
Section 5. This resolution shall be effective immediately upon adoption by the City
Council.
Section 6. The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
(Signatures on Next Page)
PASSED, APPROVED and ADOPTED this 18th day of June 2019.
r
Jose Luis Solache
Mayor
ATTEST:
L,
A OtAirl, /AALA:.:
aria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Jo 'Ometeotl
City Attorney ity Manager