RES-2011-163 RESOLUTION NO. 2011 -163
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER OR HER
DESIGNEE TO SUBMIT A REQUEST FOR AN ORPHAN SITE CLEANUP
FUND GRANT TO THE STATE WATER RESOURCES CONTROL BOARD
FOR THE REMEDIATION OF SOIL AND GROUNDWATER
CONTAMINATION AT 3720 W. LINCOLN AVENUE, TO ACCEPT SUCH
FUNDS AS AWARDED, AND TO TAKE SUCH ACTIONS IN
FURTHERANCE OF THE GRANT, AND AMENDING THE BUDGET FOR
FISCAL YEAR 2011/2012.
WHEREAS, the City of Anaheim Public Utilities Department (the "City" or "City
of Anaheim ") had been remediating subsurface contamination at 3720 W. Lincoln Avenue in the
City of Anaheim (the "Property "), a former gas station, for several years with state grant monies;
and
WHEREAS, since some soil and groundwater contamination still remains on the
Property, the City requires additional funding for this project; and
WHEREAS, Health and Safety Code section 25299.50.2 established the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund ( "OSCF ") to
address petroleum contamination from underground storage tanks at sites that qualify as
brownfields; and
WHEREAS, the City desires to use OSCF monies to complete the remediation of
soil and groundwater contamination at the Property, and, for this reason, the City has submitted a
request for an OSCF grant to the State Water Resources Control Board (the "State Board "); and
WHEREAS, the City is familiar with the teens, conditions, and limitations of the
OSCF grant (10- 110 - 550 -0) which is set forth in the OSCF agreement in the form presented at
this meeting (the "OSCF Grant "); and
WHEREAS, the City is willing and able to conform to each of the terms,
conditions, and limitations imposed upon the City by the OSCF Grant; and
WHEREAS, the City remains supportive of the ongoing efforts to apply for and
accept such allocation of funds through the State Board as may be awarded to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
follows:
1. The Public Utilities General Manager, or her designee, is and was
authorized to submit a request to the State Board, for and on behalf of the City of Anaheim, for
the OSCF Grant in the amount of approximately TWO HUNDRED AND EIGHTY -NINE
THOUSAND AND SEVEN HUNDRED AND TWENTY -FIVE DOLLARS ($289,725.00) to
offset the costs of remediating subsurface contamination at the Property.
2. The Public Utilities General Manager, or her designee, is authorized to
accept the OSCF Grant for and on behalf of the City of Anaheim.
3. The Public Utilities General Manager, or her designee, is hereby
authorized and directed to implement, administer, and carry out any necessary actions in
furtherance of the OSCF Grant, including, but not limited to, conducting negotiations, executing
any agreements, amendments, certificates and /or assurances, reports, plans, payment requests, or
other documents, including but not limited to a OSCF Grant Agreement, without further action
of the City Council being required.
4. The City Council of the City of Anaheim hereby agrees to, and by this
Resolution, does accept any such OSCF Grant so awarded to the City of Anaheim without
further action of the City Council of the City of Anaheim being required.
5. The City Council of the City of Anaheim hereby determines and finds
that, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines, the adoption of this Resolution by the City Council is exempt from CEQA pursuant
to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is
no possibility that the activity may have a significant effect on the environment. Anaheim staff is
hereby directed to file with the County Clerk a Notice of Exemption within three (3) business
days of the adoption of this Resolution.
6. The annual budget of the City of Anaheim for Fiscal Year 2011/12 is
hereby amended by increasing the appropriations and authorized expenditures in such amount
equal to the amount of OSCF Grant to be received by the City of Anaheim.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 15th day of November, 201 1 , by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman and Murray
NOES: None
ABSENT: Council Member Galloway
ABSTAIN: None
CITY OF ANAHEIM
' ;; ; C?:7 MAYOR OF THE C TY OF ANAHEIM
ATTEST:
QACAdICID
CITY CLERK OF THE CITY OF ANAHEIM
Tom Daly
Orange County Clerk - Recorder
mew
Orange County
Clerk-Recorder's Office
12 Civic Center Plaza, Room 106, P.O. Box 238, Santa Ana, CA 92702
web: www.oc.ca.gov /recorder/
PHONE (714) 834 - 5284 FAX (714) 834
CITY OF ANAHEIM
P.O. BOX 3222
ANAHEIM, CA 92803
Office of the Orange County Clerk- Recorder
Memorandum
SUBJECT: NOTICE OF EXEMPTION
The attached notice was received, filed and a copy was posted on 11/18/2011
It remained posted for 30 (thirty) days.
Tom Daly
Orange County Clerk - Recorder
In and for the County of Orange
By: ANGEL CARDENAS Deputy
Public Resource Code 21092.3
The notice required pursuant to Sections 21080.4 and 21092 for an environmental impact report
shall be posted in the office of the County Clerk of each county * ** in which the project will be
located and shall remain posted for a period of 30 days. The notice required pursuant to Section
21092 for a negative declaration shall be so posted for a period of 20 days, unless otherwise
required by law to be posted for 30 days. The County Clerk shall post notices within 24 hors of
receipt.
Public Resource Code 21 152
All notices filed pursuant to this section shall be available for public inspection, and shall be
posted * ** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain
posted for a period of 30 days.
* ** Thereafter, the clerk shall return the notice to the local lead agency * ** within a notation of
the period it was posted. The local lead agency shall retain the notice for not less than nine
months.
Additions or changes by underline; deletions by * **
FILED
NOV 1 R; 201
TOM DALY, CLERK - RECORDER POSTED
BY. pt->'uTY 1 8 2011
NOV r,,, %, CITY OF ANAHEIM
ANAHEIM PUBLIC UTILITIES
_ .. TOM DALY, CLERK - RECORDER
1 OF EXEMPTION BY
DEPUTY
To: County Clerk From: City of Anaheim Public Utilities Department
County of Orange 201 S. Anaheim Boulevard, #601
P.O. Box 238 Anaheim, CA 92805
Santa Ana, CA 92702
PROJECT TITLE: Request for An Orphan Site Cleanup Fund Grant to the State Water Resources
Board for the Remediation of Soil and Groundwater Contamination at 3270 W.
Lincoln Avenue
PROJECT LOCATION - 3270 W. Lincoln Avenue
Specific:
PROJECT LOCATION - City: City of Anaheim, Orange County, California
PROJECT DESCRIPTION: The project authorizes the Public Utilities Department to submit a request fora grant
from the State Water Resources Control Board's Orphan Site Cleanup Fund (OSCF) for the continued remediation of
soil and groundwater contamination of the property at 3270 W. Lincoln Avenue, a former gas station.
PUBLIC AGENCY City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92805
APPROVING PROJECT:
APPLICANT: City of Anaheim Public Utilities Department PHONE NUMBER:
Dick Wilson, Environmental Services Manager (714) 7654277
ADDRESS: 201 S. Anaheim Boulevard, Suite 601 ZIP CODE: 92805
Anaheim, California
EXEMPT STATUS: ❑ Ministerial (Section 21080(b)(1); 15268)
❑ Declared Emergency (Section 21080(b)(3))
❑ Emergency Project (Section 21080(b)(2))
El Categorical Exemption. State class and section number. Class 30, Section 15330(a)(4)
BI Statutory Exemption. State code number 15061(b)(3).
❑ Other
REASONS WHY PROJECT IS EXEMPT: The project consists of the request for OSCF grant funding (Section
15061(bX3) and the continued remediation of contaminated soil and groundwater (Section 15330(a)(4) of a small site, a
former gas station.
Authorized Signature — Utilities Department Title Date
Eli Signed by Lead Agency ❑ Signed by Applicant
Recorded in Official Records, Orange County
DATE RECENED FOR FILING AT OPR (If applicable): Tom Daly, County Recorder
IIIIIIIWIIIIIIII11II I181IIII11111111II1 N0 FEE
201185001277 1:44 pm 11/18/11
175 NC -1 ZO1
0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00
City of Anaheim, P.O. Box 3222, Anaheim, CA 92803