RES-2008-034RESOLUTION NO. 2008 -034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY ACCEPTING A GRANT OF
FUNDS FROM THE ABOVEGROUND PETROLEUM STORAGE TANK ACT
AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE TO SIGN THE
AGREEMENT AND ANY OR ALL OTHER DOCUMENTS RELATING TO
RECEIPT AND ADMINISTRATION OF SUCH GRANT FUNDS.
WHEREAS, the California Legislature has transferred the responsibility for the
implementation, enforcement and administration of the Aboveground Petroleum Storage Act
(APSA) from the Regional Water Quality Control Board to the Certified Unified Program Agencies
CUPA's). The City of Anaheim is one of two CUPA's in the County of Orange and the Fire
Department is the administrator of the Anaheim CUPA; and
WHEREAS, Legislation that became effective January 1, 2008, created an Environmental
Protection Trust Fund for training CUPA personnel and funding the CUPA's costs to implement the
ASPA. The City of Anaheim, along with each of the other CUPAs in the State of California
submitted its list of Aboveground Storage Tank (AST) facilities in the form of a Grant Application
through which a fund distribution formula was developed to determine the total allocation for each
CUPA; and
WHEREAS, the City of Anaheim CUPA application was approved and the Anaheim CUPA
was allocated Fifty Eight Thousand, Four Hundred Sixty Dollars and Fifty Six Cents ($58,460.56)
based upon 45 AST sites; and
WHEREAS, the City Council wishes to approve the Agreement, and accept the Grant Funds
to be used in accordance with the "Aboveground Petroleum Storage Act Program Grant Agreement
Between the California Environmental Protection Agency and City of Anaheim Certified Unified
Program Agency, Agreement No. 07- 629 -550 and the Aboveground Petroleum Storage Act (ASPA)
"Grant Application (collectively referred to as "Agreement attached hereto as Exhibit "A" and
incorporated herein by this reference; and
WHEREAS, the City desires to accept the Grant funds; and
WHEREAS, any such Grant so awarded to the City shall be incorporated into the Budget for
Fiscal Year 2008 -2009 within the appropriate CUPA program to reflect such award.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
follows:
1. The City Council hereby agrees to and by this Resolution, does accept any and all such Grant
funds in the amount of $58,460.56 or such additional funds as may otherwise be awarded,
in accordance with the Agreement and the Grant Application set forth herein above.
2. The City Council of the City of Anaheim hereby agrees to use the Grant funds made
available pursuant to California Health and Safety Code, section 25270.11, per the
Agreement and any amendment thereto and to comply with each and all of the terms,
conditions and limitations imposed upon the City of Anaheim CUPA through such
Agreement and Grant Application, and does hereby authorize and direct the Anaheim Fire
Chief, or his designee, to take any and all actions necessary to obtain, distribute, or
administer the Grant funds, including the execution for, and on behalf of the City of
Anaheim, of any agreements, assurances, or other documents, including but not limited to
extensions and amendments, as may be required by the Grantor.
3. The City Council certifies that the City of Anaheim CUPA is in substantial compliance with
all applicable laws and regulations relating to the CUPA.
4. The annual budget of the City of Anaheim for fiscal year 2008 -2009 will reflect the
increased appropriations for the CUPA consistent with the Grant and authorized
expenditures in Program No. 101 -310- 2209 -3205 in the amount of $58,460.56, or in such
other amount as is equal to the amount of Grant funds to be received by the City.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 8th day of April 2008, by the following roll
call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY LERK OF THE CITY OF ANAHEIM
68586.1
NAHEIM
4
MAYOR OF THE CIT F AHEIM