RESOLUTION NO.
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMERCE COMMUNITY DEVELOPMENT COMMISSION, APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH EFI GLOBAL TO EXTEND THE TERM BY THREE YEARS FOR THE CONTINUED ENVIRONMENTAL ASSESSMENT OF 5710 SMITHWAY AND 5788 SMITHWAY WHEREAS, on August 2, 2017 and August 23, 2017, the Successor Agency and Oversight Board respectively approved a Voluntary Cleanup Agreement (VCA) with the Department of Toxic Substance Control (DTSC) for additional site characterization; and WHEREAS, DTSC approved a Work Plan dated September 6, 2006 prepared by Block Environmental with modifications, which were incorporated in Addendum to Work Plan for Additional Site Characterization dated January 31, 2007, also prepared by Block Environmental; and WHEREAS, the pre-established monitoring system consists of 10 groundwater monitoring wells and 12 soil vapor borings to conduct quarterly sampling on the southeastern half of the property to evaluate possible presence of VOC contamination; and WHEREAS, as previously reported to the Successor Agency and Oversight Board, the additional site assessment and completion of the Work Plan and Addendum was placed on hold due to the State dissolving the Redevelopment Agency and until such time that the Successor Agency and Oversight Board could obtain funding from the California Department of Finance (DOF) as an enforceable obligation; and WHEREAS, the DTSC sent the Successor Agency a letter dated February 24, 2017 requesting the completion of the Work Plan and Addendum for additional site characterization and continued groundwater monitoring and specifically requested the following:
Execution of updated VCA.
Submit a report of completed Work Plan and Addendum tasks to the DTSC.
Submit a new Work Plan to complete remaining tasks from the original Work Plan and Addendum; and WHEREAS, the Successor Agency and the Oversight Board approved the release of an RFP for completion of the Work Plan and Addendum and continuing the groundwater monitoring program per DTSC; and WHEREAS, following an RFP process, a professional services agreement was awarded on November 7, 2017 to EFI Global in the amount of $168,236.70; and WHEREAS, EFI Global has completed the well work required and needs to continue with the ongoing groundwater monitoring; and WHEREAS, as a result of their investigation and groundwater sampling, contaminants of PCE, TCE and hexavalent chromium in groundwater is considered to be from off-site sources; and WHEREAS, DTSC requires that monitoring continue and expanded the scope of the investigation to include characterization and remediation of property located at 5788 Smithway Street, which is immediately southeast of the Citadel Outlets and was historically part of the PATCO facility; and WHEREAS, this expanded scope requires the installation of two additional groundwater monitoring wells in the vicinity of PATCO’s former vapor degreaser, redevelopment of two older wells and quarterly monitoring and reporting of all wells; and WHEREAS, EFI Global’s Agreement allows for an extension of the term at the City’s discretion; and WHEREAS, staff is satisfied with EFI Global’s work and recommends the Successor Agency approve an amendment to extend their agreement term by three years, effective until November 7, 2026.
NOW, THEREFORE, THE SUCCESSOR AGENCY DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Section 1. The Amendment to the Agreement with EFI Global is hereby approved and the Successor Agency Chairperson is authorized to execute the Agreement for and on behalf of the Successor Agency.
Section 2. Staff is directed to present the Amendment to the Oversight Board for the Successor Agency and to the Department of Finance for their review and approval pursuant to AB 26 and AB 1484.
Section 3. After approval by the Oversight Board to the Successor Agency and the Department of Finance, Successor Agency Staff is authorized to commence outstanding work as described in the aforementioned Work Plan and Addendum.
Section 4. This Resolution shall take full force and effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 16th day of January, 2024. _______________________________
Hugo Arumedo Chairperson
ATTEST:
_________________________________
Lena Shumway
Secretary
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