RES-2009-180RESOLUTION NO. 2009 -180
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
allocation was increased by $3,205.59 for a new total grant allocation of Sixty One Thousand, Six
Hundred Sixty Six Dollars and Fifteen Cents ($61,666.15); and
WHEREAS, the City Council wishes to approve the Amended 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, Amended 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 2009 -2010 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:
The City Council hereby agrees to and by this Resolution, does accept any and all such Grant
funds in the amount of $61,666.15 or such additional funds as may otherwise be awarded,
in accordance with the Amended 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 2009 -2010 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 $61,666.15, 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 1 5th day of December 2009, by the following roll
call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AN
MAYOR OF THE'CITY VF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OFkNAHEIM
74553.1