RESOLUTION NO. __2010-10____

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, SITTING AS THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE HOUSING AUTHORITY TO APPROVE A REVISED CONVENANT 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

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RESOLVED, by the Board of Supervisors of the County of San Mateo, sitting as the Board of Commissioners of the Housing Authority of the County of San Mateo (HACSM), State of California, that

WHEREAS, HACSM owns and operates Midway Village, a multi-family housing complex located in Daly City; and

WHEREAS, 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 the Bayshore Park which is owned and operated by the City of Daly City; and

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

WHEREAS, in 1993, the Department of Toxic Substances Control (DTSC) approved a Remedial Action Plan (RAP) that required, 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; and

WHEREAS, on September 24, 1998, the “Covenant to Restrict Use of Property” was made between HACSM and DTSC and recorded with the San Mateo County Assessor and County Clerk Recorder in which the Covenant sets forth conditions for use and requirements for maintaining the capped area; and

WHEREAS, in June 2000 and May 2001, DTSC conducted additional sampling, and as a result, the soil cap area at the site was increased to include four additional parcel areas; and

WHEREAS, while all requirements of the maintenance agreement have been strictly observed, the additional parcels were not added to the deed restriction and this action will enable those parcels to be added to the Covenant; and

WHEREAS, there has been presented to the Board of Commissioners for its consideration and acceptance the revised Covenant to Restrict Use of Property to which is hereby made for further particulars, and the Board of Commissioners has examined and approved the same as to form and content.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board of Commissioners of HACSM, authorize 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.

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