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| C.18 |
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| COUNTYWIDE OVERSIGHT BOARD |
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| Information |
| Recommendation(s) |
| ADOPT Resolution No. 2021-18, approving the Contract between Contra Costa County Successor Agency and Ensafe for oversight of the monitoring of the Hookston Remediation Activity. |
| Background |
| The Contra Costa County Redevelopment Agency is party to a Settlement Agreement with Union Pacific Railroad and the Helix Ownership Group to address the clean-up of hazardous materials on the Hookston Station site in the City of Pleasant Hill. The clean-up, which is overseen by the Regional Water Quality Control Board, involves substantial remediation and monitoring. The Successor Agency’s share of the remediation cost is identified in Item 63 of the Recognized Obligation Payment Schedule (ROPS). Ensafe is the contractor overseeing the project management aspect of the remediation for the Successor Agency. |
| In The Matter Of: |
| RESOLUTION 2021-18 OF THE COUNTYWIDE OVERSIGHT BOARD APPROVING AND AUTHORIZING THE SUCCESSOR AGENCY TO ENTER INTO A CONTRACT WITH ENSAFE, AND DIRECTING STAFF TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE APPROVALS UNDER THIS RESOLUTION. |
| Body: |
WHEREAS, the California state legislature enacted Assembly Bill x1 26 (the "Dissolution Act") to dissolve redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and
WHEREAS, on January 17, 2012 pursuant to Health and Safety Code Section 34173, the Board of Supervisors of the County of Contra Costa (the "Board of Supervisors") declared that the County of Contra Costa, a political subdivision of the State of California (the "County"), would act as successor agency (the "Successor Agency") for the dissolved Redevelopment Agency of the County of Contra Costa (the "Former RDA") effective February 1, 2012; and
WHEREAS, the Dissolution Act generally provides that (with exceptions) agreements between the Former RDA and the County are not Enforceable Obligations, but Health and Safety Code Sections 34178(a) and 34180(h) authorize the Successor Agency and the County, with Oversight Board approval, to reenter into such agreements; and
WHEREAS, the Former RDA is party to a settlement agreement the directs the clean-up of a hazardous materials site known as the Hookston remediation project (a recognized obligation); and
WHEREAS, the Former RDA and Ensafe previously entered into an agreement to provide project management services for the Hookston remediation project; and
WHEREAS, the Successor Agency has continuously contracted with Ensafe to provide project management services for the Hookston Remediation project; and
WHEREAS, the Department of Finance denied the renewal of the Ensafe contract as a Recognized Obligation without resolution from the Countywide Oversight Board.
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| Now, Therefore, Be It Resolved: |
NOW, THEREFORE, BE IT RESOLVED that the Oversight Board hereby finds, resolves, and determines that the foregoing recitals are true and correct, and, together with information provided by the Successor Agency staff and the public, form the basis for the approvals, findings, resolutions, and determinations set forth below.
BE IT FURTHER RESOLVED that the Oversight Board, pursuant to Health & Safety Code Sections 34178(a) and 34180(h), hereby approves renewal of the Ensafe Contract with the Successor Agency; and
BE IT FURTHER RESOLVED that the Oversight Board hereby determines that, as re-authorized, the Ensafe contract shall constitute a "Recognized Obligation" for all purposes of the Dissolution Act.
BE IT FURTHER RESOLVED that nothing in this Resolution shall abrogate, waive, impair or in any other manner affect the right or ability of the Successor Agency to initiate and prosecute any litigation with respect to any agreement or other arrangement between the County and the Former RDA, including, without limitation, any litigation contesting the purported invalidity of such agreement or arrangement pursuant to the Dissolution Act.
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon adoption.
BE IT FURTHER RESOLVED: That the Successor Agency shall be authorized and directed to execute any other form of resolution, if determined to be substantially equivalent to this form of resolution by County Counsel.
BE IT FURTHER RESOLVED: That to the extent that any actions authorized herein have already been performed by the Successor Agency, such actions are hereby ratified, confirmed and approved in all respects.
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| Vote and Attest |
PASSED AND ADOPTED this DAY of MONTH, YEAR by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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ATTEST: |
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_____________________________
Oversight Board Secretary |
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