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
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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
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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
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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
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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.
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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
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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)