99-053CITY OF ANAHEIM CITY COUNCIL
RESOLUTION NO. 99R-53
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MAKING CERTAIN FINDINGS IN CONNECTION WITH
THE CITY'S SUBMITTAL OF A GRANT APPLICATION TO THE
U.S. EPA BROWNFIELDS PILOT PROGRAM FOR FUNDING OF
SITE ASSESSMENT OF CERTAIN CONTAMINATED PROPERTY
LOCATED IN WEST ANAHEIM AT THE NORTHEAST CORNER
OF BEACH BOULEVARD AND LINCOLN AVENUE, CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA
WHEREAS, the City of Anaheim ("City") is a municipal corporation and charter city of the
State of California, authorized and empowered to conduct the municipal affairs of the city;
WHEREAS, the City Council of the City of Anaheim ("City Council") is the legislative and
governing body of the City;
WHEREAS, the Anaheim Redevelopment Agency, a public body corporate and politic,
("Agency") is a community redevelopment agency organized, existing and exercising its powers
pursuant to the California Community Redevelopment Law, Health and Safety Code Section 33000,
er seq. (the "CRL"); and
WHEREAS, the West Anaheim Commercial Corridors Redevelopment Project and the
boundaries of the West Anaheim Commercial Con•idors Project Area ("Project Area") were duly
established by various ordinances of the City Council, and which ordinances approved, and amended,
the redevelopment plan for the West Anaheim Commercial Corridors Redevelopment Project
("Redevelopment Plan"); and
WHEREAS, the Agency is vested with the power to implement the Redevelopment Plan and
carry out the goals and objectives of the West Anaheim Project Commercial Corridors; and
WHEREAS, in specific implementation of the Redevelopment Plan the Agency and the City
are desirous of undertaking redevelopment, economic development, and other revitalization activities
("Development Activities") on certain real property located in the City and in the Project Area
commonly known asthe Beach/Lincotn Property, as defined below; and
WHEREAS, at the northeast corner of Beach Boulevard and Lincoln Avenue in the Ciiy there
are, approximately twenty-five (25) acres of real property ("Beach/Lincoln Property"); and
WHEREAS, the City has been advised that in the late 1950s and the 1960s portions of the
Beach/Lincoln Property were used and operated by the County of Orange as a landfill for household
refuse, other portions were used and operated as a disposal site for construction refuse, and other
portions were a disposal site for oil drilling mttd waste; and
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WHEREAS, the environmental condition of the Beach/Lincoln Property has been determined
by preliminary assessment and testing of soils and groundwater by parties other than the City to be
contaminated with hazazdous materials and substances ("Hazardous Substances"), as defined within
federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"),
although the full scope of the environmental condition is not known; and
WHEREAS, the environmental condition of the Beach/Lincoln Property requires further and
complete site assessment, testing and characterization for Hazardous Substances in the soils and
groundwater, and after the full scope of the Hazardous Substances existing thereon is determined, such
property, thereafter, will require remediation prior to proceeding with any Development Activities; and
WHEREAS, because the full scope of the environmental contamination with Hazardous
Substances of the Beach/Lincoln Property is not yet known, said environmental condition has created a
Brownfield condition in the Project Area; and
WHEREAS, the environmental condition of the Beach/Lincoln Property has directly impacted
the economic feasibility, physical character, aesthetic character, use, and development of the
Beach/Lincoln Property, has had a deleterious impact on the surrounding neighborhoods, and has
prevented any Development Activities from proceeding; and
WHEREAS, the City desires to commence the process and proceedings available to cities and
community redevelopment agencies under the CERCLA and the Community Redevelopment Law to
cause site testing, characterization, and assessment of the environmental condition of the soils and
groundwater of the Beach/Lincoln Property to occur; and
WHEREAS, the Community Development Department of the city has submitted an
application for a U. S. EPA Brownfields Pilot Program grant (each, a "Grant"); and
WHEREAS, the Grants are available to cities to undertake demonstration projects to help
communities revitalize contaminated properties; and
WHEREAS, the pilot program makes available Grants that are funded up to $200,000.00 for
two yeazs; and
WHEREAS, the Community Development Department is currently working with a potential
developer and the owner of the Beach/Lincoln Property to explore the feasibility of development
thereof; and
WHEREAS, if the City is awarded a Grant, the funds would be used to: (i) conduct an
environmental assessment of the Beach/Lincoln Property to fully chazacterize the level of
contamination with Hazardous Substances, (ii) plan remediation mitigation activities for the
Beach/Lincoln Property, including a methane collection/dispersion system and water monitoring
system, and (iii) implement community involvement activities to explain site selection, assessment, and
remediation planning activities; and
WHEREAS, this resolution is being considered and action taken by the City (as "Applicant")
in connection with its application and proposal to U.S. EPA Brownfields Pilot Program funding, as
described above; and
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644678.1~22621.0080
WHEREAS, the Applicant desires by this resolution to certify the following: (i) Applicant is
an entity eligible to receive federal funding under CERCLA, Section 104(d), (ii) Applicant has the
authority to enter into a Cooperative Agreement, or other agreement, with the U. S. EPA, and
(iii) Applicant has the authority to carry out the work included in the application.
NOW THEREFORE, the Anaheim City Council does hereby find and resolve the following:
1. The City Council finds the foregoing Recitals aze true and correct and aze hereby made
a substantive part of this Resolution.
2. The City Council certifies that as an applicant for U. S. EPA Brownfields Pilot Program
funding it is an entity eligible to receive funds under CERCLA, Section 104(d).
3. The City Council certifies it has the authority to enter into a cooperative agreement or
other agreement ("Cooperative Agreement") with the U.S. EPA and to carry out its obligations
required under and pursuant to such Cooperative Agreement.
4. The City Council certifies it has the authority to carry out the work included in the
application to U.S. EPA and to do the work required under and pursuant to such Cooperative
Agreement.
5. The City Council hereby approves the Cooperative Agreement to be entered into with
the U. S. EPA and authorizes the Executive Director of the City's Community Development
Department to execute such Cooperative Agreement on behalf of the City.
6. The Executive Director of the City's Community Development Department (and
his/her designee(s)) is hereby delegated the authority and authorized to carry out the Cooperative
Agreement and take such actions necessary to fully perform thereunder.
The City Clerk shall certify to the adoption of this Resolution.
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644678.1122621.0080
APPROVED AND ADOPTED this ~ day of r1a,-~h , 1999.
Mayor
City of Anaheim
ATTEST
~/_~_~/.I'7~.urit~
Clerk
APPROVED AS TO FORM:
___. ;%~
JACK L. E, CITY A~T'TO~IVEY
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CITY ATTORNEY
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644678.L~22621.0080
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-53 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 23rd day of March, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-53 on the 23rd day of March, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of March, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-53 was duly passed and adopted by the City Council of the City
of Anaheim on March 23rd, 1999.
CITY CLERK O HE CITY OF ANAHE