Inter-Departmental Correspondence

Department of Housing



October 14, 2010


November 2, 2010







Honorable Board of Supervisors (sitting as the Board of Commissioners of the Housing Authority of County of San Mateo)


Duane Bay, Director, Department of Housing

William Lowell, Executive Director, Housing Authority


Covenant to Restrict Use of Property between the Housing Authority and Department of Toxic Substances Control (DTSC)



Adopt Resolution No. 2010-10 authorizing the Executive Director of the Housing Authority to approve a revised Covenant to Restrict Use of Property for certain real property owned by the Housing Authority of the County of San Mateo at the Midway Village housing complex.



The Housing Authority of the County of San Mateo (HACSM) owns and operates Midway Village, a multi-family housing complex located at Schwerin Street and Midway Drive in Daly City. The site is bordered on the north by the PG&E Martin Service Center, on the west and south by residential areas, and on the east by Bayshore Park which is owned and operated by the City of Daly City.


In 1990, soil sampling at Midway Village was conducted as part of a Remedial Investigation for the adjacent Martin Service Center site. Analyses indicated that soils at the Midway Village site were contaminated with polycyclic aromatic hydrocarbons (PAHs). The extent of the contamination was determined to be limited to an area at the eastern end of Cypress Court and in the northern portion of the site.


In 1993, the Department of Toxic Substances Control (DTSC) approved a Remedial Action Plan (RAP). The RAP required that, within the contaminated area, existing hardscape (patios, walkways, paving) be maintained and all exposed soil be excavated and replaced with two feet of clean soil. The work was completed in 1994.


On September 24, 1998, HACSM and DTSC recorded a “Covenant to Restrict Use of Property” with the San Mateo County Assessor and County Clerk Recorder. The Covenant sets forth conditions for use, requirements for maintaining the capped area, and a regimen for annual inspection.


In June 2000, and May 2001, based on comments received from the community and the U.S. Environmental Protection Agency, DTSC collected additional soil samples to determine if surface soils to a two foot depth contained carcinogenic PAHs above a designated screening level. Based on the screening results, the soil cap at the site was increased from two feet to five feet in areas where contaminants had been found at the 2-foot depth. Between August and October of 2001, contaminated soils were removed, and excavated areas were backfilled with clean soil to a 5-foot depth. Cypress Lane was resurfaced with asphalt, and concrete patios were installed behind some of the units as part of the restoration.



The additional remediation work conducted in 2001 resulted in several additional parcels being added to the area requiring a Covenant of Restricted Use. While all requirements of the maintenance agreement have been strictly observed, HACSM and DTSC inadvertently overlooked adding the additional parcels to the deed restriction.


The action before the Board will remedy that oversight by applying the provisions of the Covenant to these additional parcels.


County Counsel has reviewed and approved the Resolution as to form.


Approval of this Resolution contributes to the Shared Vision 2025 outcome of a Livable Community by providing affordable, livable, connected communities.



There is no Net County Cost associated with this action. All funds required to operate the program are provided by the U.S. Department of Housing and Urban Development.