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Agreement, City staff will conduct annual inspections of the inaccessible areas to ensure that such <br />areas have not been disturbed. Addirionally, City staff will conduct a five year review to reevaluate <br />whether remedial action can be taken with respect to the inaccessible areas. A report will be <br />prepared and submitted to the Department of Toxic Substances Control concerning the results of the <br />five year review. The Agreement will stay in place unless the Department of Toxic Substances <br />Control contacts the City in writing directing the City to I) modify the inspection and maintenance <br />procedures or 2) discontinue the Operation and Maintenance measures as a result of the City having <br />met the cleanup goals for the contaminated inaccessible areas. <br />ENVIRONMENTAL IMPACT: <br />The approval of the Deed RestricUon and the Operation and Maintenance Agreement is exempt <br />from the requirements of the California Environmental Quality Act because such approval does not <br />consritute a proj ect within the meaning of Public Resources Code secrion 21065. The approval of <br />the Deed Restriction and the Operation and Maintenance Agreement will not cause a direct physical <br />change, or a reasonably foreseeable indirect physical change, in the environment. <br />CONFLICT OF INTEREST <br />N/A <br />FINANCIAL/FISCAL IMPACT: <br />The City will have an annual unpact of five hundred dollars ($500) for required inspection costs. <br />RECOMMENDATION: <br />If Council concurs, staff requests that the City Council: <br />l. Approve the Covenant to Restrict Use of the Corporate Yard Property. <br />2. Approve the Operation and Maintenance Agreement between the City and Department of <br />Toxic Substances and direct City Manager to execute on behalf of the City. <br />3. Direct City staff to record the Covenant to Restrict Use of the Corporate Yazd Property in <br />the Official Records of San Bernardino County. <br />4. Direct City staff to file a Notice of Exemption with the San Bernardino County Clerk <br />within five (5) working days of the approval of the Covenant to Restrict Use and the Operation <br />and Maintenance A�eement. <br />Attachments: <br />Agreement <br />Prepared by Maritza Tapia - Administrative Analyst <br />IEW TEAM ONLY <br />Attorney: . Finance Director��� <br />Manager: ��_ OTHER• <br />