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ARA2003-08 (2)RESOLUTION NO. /~2.003- 8 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY TO AUTHORIZE USE OF THE POLANCO REDEVELOPMENT ACT, CALIFORNIA HEALTH AND SAFETY CODE SECTION 33459 et seq., ON PROPERTY LOCATED AT 2300 LINCOLN AVENUE IN THE WEST ANAHEIM REDEVELOPMENT PROJECT AREA WHEREAS, the Anaheim Redevelopment Agency (the "Redevelopment Agency") is responsible for reuse and redevelopment of Property within the West Anaheim Redevelopment Project Area (the Project Area"); and WHEREAS, that property located within the Project Area at 2300 Lincoln Avenue may be contaminated with hazardous substances (the "Potentially Contaminated Property"); and WHEREAS, to facilitate the redevelopment of contaminated Property the Polanco Redevelopment Act, California Health & Safety Code Section 33459 et seq. allows redevelopment agencies to: ao Request environmental information (Phase I and Phase II environmental assessments) from landowners and operators about Potentially Contaminated Property or any Property in the redevelopment project area that may have impacted or may impact the potentially contaminated Property; and bo 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 Property; and d. Request that the administering agency issue cleanup guidelines; and eo 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 go Enter into agreements with responsible parties or third parties to do the removal or remedial work on contaminated Property; and h° Undertake the removal or remedial work or cause the third party to do the removal or remedial work on contaminated Property if the removal or remedial F 'iDOCS\ADM IN~RESO LUTN~MB R3 815ADOC P~el 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 Property; and jo Conduct other activities as authorized under the Polanco Redevelopment Act to facilitate the reuse and redevelopment of the potentially contaminated Property. WHEREAS, to facilitate the redevelopment of the Potentially Contaminated Property, the Redevelopment Agency seeks to utilize the Polanco Redevelopment Act on the Potentially Contaminated Property. NOW THEREFORE THE ANAHEIM REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Anaheim 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 of the Potentially Contaminated Property in those portions of the Project Area depicted on the Map: Require that owners and operators of Development Potentially Contaminated Property provide the redevelopment agency with all existing environmental information, pursuant to California Health & Safety Code Section 33459.1 (e). bo 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 33459.1 (a)(1). do 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 (b)(2). eo Procure environmental consulting services in accordance with the Redevelopment Agency's procurement procedures, pursuant to California Health & Safety Code Section 33459.1 (b)(3). Review, approve or reject (in conjunction with environmental regulatory agencies) a removal or remedial action plan submitted by responsible parties depending upon whether those plans are consistent with the Redevelopment Agency's redevelopment planning and schedule for the redevelopment of the F;'~DOCSX,ADMIN~RESO LUTN'~MBR3 815A.DOC Page 2 go jo Section 2. Potentially Contaminated Property and whether such removal or remedial actions are consistent with the National Contingency Plan, pursuant to California Health & Safety Code Section 33459.1(a) and (b)(2) and (3). 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. l(b) and (c) and 33459.4. 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 33459.4 (a). Upon subsequent 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 Property, pursuant to California Health & Safety Code Section 33459. l(d). 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. F:\DOCS~kDMIN~RESOLUTN~MBR3 815A DOC P~e3 THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE ANAHEIM REDEVELOPMENT AGENCY THIS 26 ~ DAY OF August ,2003. ATTEST: AGENCY SECRETARY APPROVED AS TO FORM: JACK~orney A~istant City Attorney F 9,DOCS\ AD M IN\RESOL UTNLMBR3 8 ! 5ADOC Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA2003-8 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 26th day of August 2003, by the following vote of the members thereof: AYES: CHAIRMAN/AGENCY: Chavez, Tait, McCracken, Pringle, Hernandez NOES: CHAIRMAN/AGENCY: None TEMP ABSENT: CHAIRMAN/AGENCY: None ABSTAINED: CHAIRMAN/AGENCY: None L ,~ECRET~RY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)