2001-037CITY OF ANAHEIM CITY COUNCIL
RESOLUTION NO. 2001R-37
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MAKING CERTAIN FINDINGS IN CONNECTION WITH
THE CITY'S SUBMITTAL OF A GRANT APPLICATION TO THE
U.S. EPA FOR SUPPLEMENTAL ASSISTANCE FOR BROWNFIELDS
ASSESSMENT DEMONSTRATION PILOTS FOR FUNDING OF SITE
ASSESSMENT OF CERTAIN POTENTIALLY CONTAMINATED
PROPERTY LOCATED IN NORTH CENTRAL ANAHEIM AT THE
NORTHEAST CORNER OF LA PALMA AVENUE AND NORTH
ANAHEIM BOULEVARD, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA
WHEREAS, the City of Anaheim ("City") is a municipal corporation and charter
city of the State of California authorized and empowered to conduct the municipal affairs of the
City; and
WHEREAS, the City Council of the City of Anaheim ("City Council") is the
legislative and governing body of the City; and
WHEREAS, the Anaheim Redevelopment Agency, a public body corporate and
politic, ("Agency") is a community redevelopment agency organized, existing and exercising its
powers pursuant to the California Community Redevelopment Law, Health and Safety Code
Section 33000, et seq. (the "CRL"); and
WHEREAS, the Commercial / Industrial Redevelopment Project and the
boundaries of the Commercial / Industrial Redevelopment Project Area ("Project Area") were duly
established by various ordinances of the City Council, and which ordinances approved, and
amended, the redevelopment plan for the Commercial / Industrial Redevelopment Project
("Redevelopment Plan"); and
WHEREAS, the Agency is vested with the power to implement the Redevelopment
Plan and carry out the goals and objectives of the Redevelopment Plan; and
WHEREAS, in specific implementation of the Redevelopment Plan, the Agency
and the City are desirous of undertaking redevelopment, economic development, and other
revitalization activities ("Development Activities") on certain real property located in the City and
in that portion of the Project Area commonly known as the North Central Area, as defined below;
and
WHEREAS, at the northeast corner of La Palina Avenue and North Anaheim
Boulevard in the City there are, approximately one hundred and forty (140) acres of real property
("North Central Area"); and
F:'d)OC S~,DEV S VC S~R~E S OLUTN~BGR 1103A.DOC
WHEREAS, the City has been advised that current and past uses of portions of the
North Central Anaheim Area included a chemical mixing facility, a battery recycler and precious
metal recovery facility; and
WHEREAS, the environmental condition of the North Central Area has been
determined by preliminary environmental assessment by parties other than the City to be
contaminated with hazardous materials and substances ("Hazardous Substances"), as defined within
the federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"),
although the full scope of the environmental condition is not known; and
WHEREAS, the environmental condition of the North Central Area requires
further and complete site assessment, testing and characterization for Hazardous Substances in the
soils and groundwater, and after the full scope of the Hazardous Substances existing thereon is
determined, such property, thereafter, may require remediation prior to proceeding with any
Development Activities; and
WHEREAS, because the full scope of the environmental contamination with
Hazardous Substances of the North Central Area is not yet known, said environmental condition
has created a Brownfields condition in the Project Area; and
WHEREAS, the environmental condition of the North Central Area has directly
impacted the economic feasibility, physical character, aesthetic character, use, and development of
the North Central Area, has had a deleterious impact on the surrounding neighborhoods, and has
prevented any Development Activities from proceeding; and
WHEREAS, the City desires to commence the process and proceedings available to
cities and community redevelopment agencies under the CERCLA and the CRL to cause site
testing, characterization, and assessment of the environmental condition of the soils and
groundwater of the North Central Area to occur; and
WHEREAS, the Community Development Department of the City has submitted
an application for a U.S. EPA Brownfields Program Supplemental Assistance for Assessment
Demonstration Pilots grant (each, a "Grant"); and
WHEREAS, the Grants are available to cities to continue and expand pilot
demonstration projects to help communities revitalize contaminated properties; and
WHEREAS, the Supplemental program makes available Grants that are funded up
to $150,000.00 for two years; and
WHEREAS, the Community Development Department is currently working with
current property owners within the North Central Area to explore the feasibility of redevelopment
thereof; and
FSDOCS~DEVSVCSkRESOLUTN~BGR1103A DOC
2
WHEREAS, if the City is awarded a Grant, the funds would be used to:
(i) conduct an environmental assessment of at least two (2) sites within the North Central Area to
fully characterize the level of contamination with Hazardous Substances, (ii) plan environmental
remediation/hazard mitigation activities for the North Central Area, and (iii) implement community
involvement activities to explain site selection, assessment, and remediation planning activities; and
WItEREAS, this Resolution is being considered and action taken by the City
(as "Applicant") in connection with its application and proposal to the U.S. EPA Brownfields
Program Supplemental Assistance for Assessment Demonstration Pilots grant funding, as described
above; and
WItEREAS, the Applicant desires by this Resolution to certify the following:
(i) Applicant is an entity eligible to receive federal funding under CERCLA, Section 104(d),
(ii) Applicant has the authority to enter into a Cooperative Agreement, or other agreement, with
the U.S. EPA, and (iii) Applicant has the authority to carry out the work included in the
application.
NOW THEREFORE, the Anaheim City Council does hereby find and resolve as follows:
1. The City Council finds the foregoing Recitals are true and correct and are hereby
made a substantive part of this Resolution.
2. The City Council certifies that as an applicant for the U.S. EPA Brownfields Program
Supplemental Assistance for Assessment Demonstration Pilots Program funding, the City is an entity
eligible to receive funds under CERCLA, Section 104(d).
3. The City Council certifies it has the authority to enter into a cooperative agreement
or other agreement ("Cooperative Agreement") with the U.S. EPA and to carry out its obligations
required under and pursuant to such Cooperative Agreement.
4. The City Council certifies it has the authority to carry out the work included in the
application to U.S. EPA and to do the work required under and pursuant to such Cooperative
Agreement.
5. The City Council hereby approves the Cooperative Agreement to be entered into with
the U.S. EPA and authorizes the Executive Director of the City's Community Development
Department to execute such Cooperative Agreement on behalf of the City.
6. The Executive Director of the City's Community Development Department (and
his/her designee(s) is hereby delegated the authority and authorized to carry out the Cooperative
Agreement and take such actions necessary to fully perform thereunder.
7. The City Clerk shall certify to the adoption of this Resolution.
F :~DOC S~DEVSVC S~RESOLUTN~BGR 1103A.DOC
APPROVED AND ADOPTED thisl3t_dayh
February~ ~
__ OI , ZIJIJ 1 ~
City of Anaheim
ATTEST:
Clerk
APPROVED AS TO FORM:
Y
JO~--'~. WO~D~ ATTORNEY
F:/DOCSiDEVSVCS~P..ESOLUTN~BGR1103A DOC
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2001R-37 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 13th day of February, 2001, by the followin§ vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
THE CITY OF ANAHEIM
- (SEAL)