Laserfiche WebLink
costs under the Polanco Redevelopment Act set forth in Health and Safety Code <br /> Sections 33459-33459.8 (Polanco Act) and such other California and federal statutes as <br /> may be appropriate. <br /> 1.2. Parties. DTSC and the Redevelopment Agency are collectively the <br /> "Parties" to this Oversight Agreement. <br /> 1.3. Jurisdiction. <br /> 1.3.1. Redevelopment Agency Jurisdiction. The Redevelopment Agency has <br /> general delegated authority from the State Legislature to eliminate blight pursuant to the <br /> California Health and Safety Code. In addition, Health and Safety Code section <br /> 33459.1, subdivision (a)(1) of the Polanco Act authorizes the Redevelopment Agency to <br /> take any actions that the Redevelopment Agency determines are necessary and that <br /> are consistent with state and federal laws to remedy or remove a release of hazardous <br /> substances, as defined in Health and Safety Code section 33459, subdivision (c), on, <br /> under, or from a property located in a "Redevelopment Project Area," as defined in <br /> Health and Safety Code section 33320.1 (Project Area), whether the Redevelopment <br /> Agency owns the property or not, if any one of the conditions in Health and Safety Code <br /> section 33459.1, subdivision (b) is met. Pursuant to Health and Safety Code section <br /> 33459.1, subdivision (c), even if the conditions in Health and Safety Code section <br /> 33459.1, subdivision (b) are not met, the Redevelopment Agency may take actions to <br /> investigate or conduct feasibility studies or, if the Redevelopment Agency determines <br /> that the environmental condition of a property requires immediate action, the <br /> Redevelopment Agency may take actions to remedy or remove a release of hazardous <br /> substances. The Redevelopment Agency shall submit satisfactory evidence <br /> demonstrating its authority to enter into this agreement to contract with DTSC. Such <br /> evidence should include a resolution, motion or order confirming its authority. <br /> 1.3.2. DTSC Jurisdiction. H&SC section 25201.9 authorizes DTSC.to enter into <br /> agreements to perform consultative services for the purposes of providing assistance in <br /> complying with chapter 6.8 of division 20 of the Health and Safety Code. Health and <br /> Safety Code sections 33459-33459.8 and section 58009 authorize DTSC to take proper <br /> and necessary actions for the protection and preservation of the public health as <br /> required for the efficient exercise of DTSC's activities under the Polanco Act. <br /> 1.4. Properties. The Redevelopment Project Area that will be the subject of this <br /> Oversight Agreement is the West End Redevelopment Project Area. A map of the West <br /> End Redevelopment Project Area, located within the Redevelopment Agency's <br /> jurisdiction, is attached as Exhibit A. The specific property to be included in this <br /> Oversight Agreement (Property) at the time this Oversight Agreement is executed is <br /> described in Exhibit B, which is attached to this Oversight Agreement. A description and <br /> history of the Property is included in Exhibit B-1. A map of the Property is included in <br /> Exhibit B-2. The Property that is the subject of this Oversight Agreement is located <br /> within the West End Redevelopment Project Area. The Redevelopment Agency may <br /> propose new Redevelopment Project Areas and/or new properties for incorporation into <br /> 3of31 <br />