Loading...
ARA2003-04RESOLUTION NO. ARA2003-4 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY AUTHORIZING THE USE OF THE POLANCO REDEVELOPMENT ACT, CALIFORNIA HEALTH AND SAFETY CODE SECTION 33459 et seq., IN PORTIONS OF THE COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT AREA WHEREAS, the Anaheim Redevelopment Agency (the "Redevelopment Agency") is responsible for reuse and redevelopment of properties within the Commercial/Industrial Redevelopment Project Area (the "Project Area"); and WHEREAS, several sites within the Project Area may be contaminated with hazardous substances (the "Potentially Contaminated Properties"); and WHEREAS, to facilitate the redevelopment of contaminated properties the Polanco Redevelopment Act, California Health & Safety Code Section 33459 et seq., allows redevelopment agencies to: Request environmental information (Phase I and Phase II environmental assessments) from landowners and operators about any properties in the redevelopment project area that have impacted or may impact the potentially contaminated properties; and Provide notice to responsible parties to prepare a removal or remedial action plan in conformance with the National Contingency Plan; and Petition the California Environmental Protection Agency to designate an administering agency to oversee implementation of the removal or remedial actions on potentially contaminated properties; and d. Request that the administering agency issue cleanup guidelines; and Procure environmental consulting services in compliance with established procurement policies; and Review and either approve or reject removal or remedial action plans submitted by responsible parties; and Enter into agreements with responsible parties or third parties to do the removal or remedial work on contaminated properties; and Undertake the removal or remedial work or cause the third party to do the removal or remedial work on contaminated properties if the removal or remedial action plan is not prepared by the responsible party, is insufficient, or is not completed in a timely manner; and Initiate cost recovery litigation to recover expenditures of the redevelopment agency related to the cleanup of contaminated properties; and jo Conduct other activities as authorized under the Polanco Redevelopment Act to facilitate the reuse and redevelopment of the potentially contaminated properties. WHEREAS, to facilitate the redevelopment of the Potentially Contaminated Properties, the Redevelopment Agency seeks to utilize the Polanco Redevelopment Act in those portions of the Project Area depicted on the Map which is attached hereto and incorporated herein by this reference (the "Map"). NOW THEREFORE THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Redevelopment Agency hereby delegates authority to the Executive Director, or her designee, to take the following actions authorized by the Polanco Redevelopment Act to assist in the cleanup, reuse and redevelopment of the Potentially Contaminated Properties in those portions of the Project Area depicted on the Map: ao Require that owners and operators of Potentially Contaminated Properties provide the Redevelopment Agency with all existing environmental information, pursuant to California Health & Safety Code Section 33459.1 (e). Issue notices to responsible parties to prepare a removal or remedial action plan within sixty (60) days, pursuant to California Health & Safety Code Section 33459.1(b)(2). Co Petition the site designation committee of the California Environmental Protection Agency to designate an administering agency to oversee implementation of the removal or remedial action plan, pursuant to California Health & Safety Code Section 33459. l(d). d° Issue a request to either the California Department of Toxic Substances Control or the California Regional Water Quality Control Board for cleanup guidelines, pursuant to California Health & Safety Code Section 33459.1(a)(1). eo Procure environmental consulting services in accordance with the Redevelopment Agency's procurement procedures. California Health & Safety Code Section 33459.4 (a). Review, approve or reject (in conjunction with environmental regulatory agencies) a removal or remedial action plan submitted by responsible parties ho Section 2. depending upon whether those plans are consistent with the Redevelopment Agency's redevelopment planning and schedule for redevelopment of the Potentially Contaminated Properties and whether such removal or remedial actions are consistent with the National Contingency Plan, pursuant to California Health & Safety Code Section 33459.1 (b)(2). Enter into agreements with responsible parties or third parties to prepare and implement remedial actions or removal actions which are approved by environmental regulatory agencies, pursuant to California Health & Safety Code Section 33459.1 (b)(3). Upon Agency Governing Board approval, undertake removal or remedial actions or cause a third party to undertake removal or remedial actions if responsible parties fail to prepare an appropriate removal or remedial action plan within the sixty (60) day period specified for preparation of the removal or remedial action plan, or if the responsible parties fail to perform their obligations under an approved removal or remedial action plan, pursuant to California Health & Safety Code Section 33459. l(a) and (b)(2) and (3). Upon Agency Governing Board approval, initiate cost-recovery litigation to recover costs of clean-up in the event the Redevelopment Agency expends funds to cleanup the Potentially Contaminated Properties, pursuant to California Health & Safety Code Section 33459. l(b) and (c) and 33459.4. Conduct other activities as authorized under the Polanco Redevelopment Act, California Health & Safety Code Section 33459 et seq. or under other state laws. The Agency Secretary shall certify to the adoption of this Resolution. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE ANAHEIM REDEVELOPMENT AGENCY THIS TWENTY-FIFTH DAY OF MARCH, ATTEST: A'gen~y 48609.1 SITE MAP Commercial Industrial Project Area Polanco Act Sites Properties Owned/InEscrow Additional Proposed Acquisitions Properties in Negotiations STATE OF CALIFORNIA ) COUN'FY Of ORANGE ) CITY OF ANAHEIM ) ss. I, SHERYLL SCHROEDER, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA2003-4 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 25th day of March 2003, by the following vote of the members thereof: AYES: CHAIRMAN/AGENCY: Chavez, Hemandez, McCracken, Pringle, Tait NOES: CHAIRMAN/AGENCY: None ABSENT~ CHAIRMAN/AGENCY: None ABSTAIN ED: CHAIRMAN/AGENCY: None S'~CRETAR~ OF ~HE ANAHEIM REDEVELOPMENT AGENCY (SEAL)